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Home My WebLink AboutResolutions - 2012.11.28 - 20606Miscellaneous Resolution #12282 BY: Commissioner Thomas F. Middleton, District 4 RE.: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2013 APPROPRIATION - CHARTER TOWNSHIP OF INDEPENDENCE - SASAHABAW ROAD - PROJECT NO. 51491 TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tr-Party Road Improvement Program to assist Oakland County's cities, villages and townships (CVTs) with the construction, maintenance and repair of roads under the supervision, direction and control of the Road Commission for Oakland County; and WHEREAS Miscellaneous Resolution 409221 established the revised Tr-Party Road Improvement Program - Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution 410045, provides that any Oakland County appropriation in support of the Tr-Party Road Improvement Program shall be distributed only from the designated General Fund Tr-Party Program fund balance after completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have identified a project and the project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits a resolution authorizing the appropriation of the County's 1/3 share of the project from the General Fund Designated Fund Balance for Tr-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds are released from the Tr-Party Program designation account; and WHEREAS the Charter Township of Independence, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the Charter Township of Independence and said appropriation has been transferred to a project account; and WHEREAS the charter Township of Independence has demonstrated that it has authorized its one-third (1/3) share of the funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County's one-third (1/3) share of the Fiscal Year 2013 authorized amount of Tr-Party Road. Improvement funding for the Charter Township of Independence is $50,000. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of independence and authorizes the release of Tr-Party Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED additional project costs, not greater than 15% from the original agreement, which are consistent with the project as originally approved, will be paid when invoiced and abpropriated in the quarterly forecast resolution. BE IT FURTHER RESOLVED that additional project costs exceeding 15% of the original agreement will require a separate Finance Committee resolution to appropriate the additional Oakland County share of the project costs prior to payment. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the Charter Township of Independence. Chairperson, I move the adoption of the foregoing Resolution. Thomas F. Middleton, District 4 47, Board of Road Commissioners Ronald J. Fowkes Commissioner Gregory C. Jamian Commissioner Eric S. Wilson Commissioner Dennis G. Kolar, P.E. Managing Director Gary Piotrowicz, P.E, P.T.O.E Deputy Managing Director County Highway Engineer Ism 31001 Lahser Road Beverly Hills, Ml 48025 I t2., 0 for OAKLAND COUNTY QUALITY LIFE THROUGH Goof) ROADS: ROAD COMMISSION FOR OAKLAND COUNTY WE CARE." October 25, 2012 Ms. Barbara Pallotta, Clerk Charter Township of [dependence P.O. Box 69 Clarkston, MI 48347-0069 Re: PROJECT NO, 51491, SASAHABAW ROAD AT FLEMINGS LAKE ROAD Dear Ms. Pallotta: A fully signed and executed agreement for the above mentioned project is enclosed. The agreement was approved and subsequently signed by Dennis G. Kolar, P.E., Managing Director at the regularly scheduled Board meeting of Thursday, October 12, 2012. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, R. Wttuzi660/6 Patricia Z. 1/1/._bzbicki Deputy-Secretary /Clerk of the Board 248-645-2000 FAX 248-645-0452 TOO 248-645-9923 www.rcocweb.org Enclosure cc: Dennis Lockhart Tom Blust Tom Noechel Tim Soave lie Attachments I Recommended for Board Approval 5Pf--a-7 16/17/ hornas G. Blust, P.E. Director of Engineering Quality We through Good Roads "We Care" r R Cit * C404iOWV;e:S:S:fCP,Af forJ091. COUNTY Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: October 12, 2012 To: Thomas G. Blust, RE. Director of Engineering FROM: Thomas G. Noechel 'TO 0 Programming Supervisor SUBJECT: PROJECT NO. 51491, SASHABAW ROAD AT FLEMINGS LAKE ROAD CHARTER TOWNSHIP OF INDEPENDENCE LOCAL COST PARTICIPATION AGREEMENT Attached for your review and submission to the Board for their approval is the local cost participation agreement with the Charter Township of Independence for the installation of a traffic signal on Sashabaw Road at Flemings Lake Road. The Charter Township of Independence has elected to use the Tr-Party Program to fund the total project cost of $150,000. Our total share is $50,000 and is in the FY13 budget. The project is in the district of County Commissioner Thomas F. Middleton. The agreement is in our „Standard approved format, and I recommend Board approval and authorize the Managing Director to execute the agreement on behalf of the Board. COST PARTICIPATION AGREEMENT Sashabaw Road At Flemings Lake Road Charter Township of Independence Board Project No. 51491 This Agreement, made and entered into this 2-7-Pl" day of oa -ro , 2012, by and between the Board of Road Commissioners for the County of Oakland, Michigan, hereinafter referred to as the BOARD, and the Charter Township of Independence, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD and the COMMUNITY have programmed the installation of a traffic signal on Sashabaw Road at Flemings Lake Road, described in Exhibit "A", attached hereto and made a part hereof, which improvements involve roads under the jurisdiction of the BOARD and within the COMMUNITY, which improvements are hereinafter referred to as the PROJECT; and WHEREAS, the estimated total cost of the PROJECT is $150,000; and WHEREAS, said PROJECT involves certain designated and approved Tr-Party Program funding in the amount of $150,000, which amount shall be paid through equal contributions by the BOARD, the COMMUNITY, and the Oakland County Board of Commissioners, hereinafter referred to as the COUNTY; and WHEREAS, the BOARD and the COMMUNITY have reached a mutual understanding regarding the cost sharing of the PROJECT and wish to commit that understanding to writing in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein and in conformity with applicable law, it is hereby agreed between the COMMUNITY and the BOARD that: The COMMUNITY shall forthwith undertake and complete the PROJECT, as above described, under Road Commission for Oakland County permit; and shall perform all preliminary engineering and administration in reference thereto. 2. The BOARD shall perform all construction engineering and administration in reference hereto. 3. The actual total cost of the PROJECT shall include preliminary engineering, construction engineering, and total payments to the contractor. 4. The estimated total PROJECT cost of $150,000 shall be funded as detailed below: a. Tr-Party Program funding is not to exceed $150,000. b. Any PROJECT costs above the Tri-Party Program funding of $150,000 will be funded first with any available Tr-Party Program funds. If no Tr-Party Program funds are available, any PROJECT costs above $150,000 will be funded 100% by the COMMUNITY. The COMMUNITY shall comply with the provisions as set forth in Exhibit "Er attached hereto. 6. The COMMUNITY shall comply with the liability and insurance requirements as set forth in Exhibit "C" attached hereto. 7. Upon exe6ution of this agreement, the COMMUNITY shall submit twr ,, invoices to the BOARD: a. The first invoice shall be payable by the BOARD in the amount of $44,000 (being 100% of the BOARD'S Tr-Party contribution for preliminary engineering and contractor payments). b. The second invoice shall be payable by the COUNTY in the amount of $44,000 (being 100% of the COUNTY'S Tr-Party contribution for preliminary engineering and contractor payments). Sashabaw Road Charter Township of independence Project No, 51491 09/05/2012 - 2 - G. The two invoices shall be sent to: Ms. Julie Enders, Engineering Aide Road Commission for Oakland County 31001 Lahser Road Beverly Hills, MI 48025 8. Upon execution of this agreement, the BOARD shall submit an invoice to the COMMUNITY in the amount of $6,000 (being 100% of the COMMUNITY'S Tr-Party contribution for the construction engineering). 9. Upon execution of this agreement and after November 1, 2012, the BOARD shall submit an invoice to the COUNTY in the amount of $6,000 (being 100% of the COUNTY'S Tr-Party contribution for the construction engineering). 10. Upon receipt of said invoice(s), the COMMUNITY and the COUNTY shall pay to the BOARD the full amount thereof, within thirty (30) days of such receipt. 11. Within 90 days of completion of the PROJECT, the COMMUNITY shall submi the BOARD the following: a. A cover letter originated by the COMMUNITY certifying that the PROJECT is now complete. b. A copy of the FINAL payment estimate paid to the contractor. c. One copy of the complete set of the as-built construction plans containing the adjusted quantities of the PROJECT. Sashabaw Road Charter Township of Independence Project No. 51491 09105/2D12 - 3 - IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and date first written above. BOARD OF ROAD COMMISSIONERS FOR THE COUNTY OF OAKLAND A Public Body Corporate (71 /// Managing Director CHARTER TOWNSHIP OF INDEPENDENCE By L._ Its By , vn-x-",a1 ts Its - 4 - Sasliabaw Road Charter Township of Independence Project No. 51491 9/512012 Preliminary Engineering Construction Engineering Contractor Payments Total Estimated Project Cost $12,000 $18,000 $120,000 $150,000 EXHIBIT A TRI-PARTY PROGRAM Sashabaw Road At Flemings Lake Road Charter Township of Independence Board Project No. 51491 Traffic signal installation. ESTIMATED PROJECT COST COST PARTICIPATION BREAKDOWN ICOMMUNITY COUNTY BOARD TOTAL FY2006 Tr-Party Program $50,000 $50,000 $50,000 $150,000 TOTAL SHARES $50,000 $50,000 $50,000 $150,000 Sashabaw Road Chatter Township of Independence Project No. 51491 09/05/2012 -5- Exhibit B PROVISIONS Bidding: The COMMUNITY shall select the contractor for its share of the work, on a competitive basis by advertising for sealed bids in accordance with its established practices. Bonds — Insurance: The COMMUNITY shall require the contractor provide payment and performance bonds for the PROJECT; said bonds to be in compliance with the provisions of 1963 PA 213 as amended, compiled at MCL 129.201, et seq. Further, the COMMUNITY shall require the contractor to provide insurance naming the Road Commission for Oakland County as additional named insured's. Coverage's shall be substantial as set forth in Exhibit "C', attached hereto. Records: The parties shall keep records of their expenses regarding the PROJECT in accordance with generally accepted accounting procedures, and shall make said records available to the other during business hours upon request giving reasonable notice. Such records shall be kept for three (3) years from final payment. Final costs shall be allocated after audit of the records and adjustments in payments shall be invoiced and paid within thirty (30) days thereafter. EEO: The COMMUNITY shall require its contractor to specifically agree that it will comply with any and all applicable State, Federal, and Local statutes ordinances, and regulations, and with RCOC regulations during performance of the SERVICES and will require compliance of all subcontractors and subconsultants. in accordance with Michigan 1976 PA 453, the COMMUNITY hereto agrees not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions or privileges of employment, because of race, color, religion, national origin, age, sex, height, weight or marital status. Further, in accordance with Michigan 1976 PA No. 220, as amended, the parties hereby agree not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions or privileges of employment, or a matter directly or indirectly related to employment, because of a disability that is unrelated to the individual's ability to perform the duties of a particular job or position. The COMMUNITY further agrees that it will require all subconsultants and subcontractors for this PROJECT comply with this provision. Governmental Function, Scope: It is declared that the work performed under this AGREEMENT is a governmental function. it is the intention of the parties hereto that this AGREEMENT shall not be construed to waive the defense of governmental immunity held by the RCOC, and the COMMUNITY, Third Parties: This AGREEMENT is not for the benefit of any third party. Sashabaw Road Charter Township of Independence Project No. 51491 09/05/2012 - 6 - EXHIBIT C LIABILITY AND INSURANCE REQUIREMENTS Hold Harmless Agreement: The Contractor shall hold harmless, represent, defend and indemnify the Board of County Road Commissioners of Oakland County, the Road Commission for Oakland County, its officers and employees; the County of Oakland; the Water Resources Drain Commissioner and relevant drainage district(s), if applicable; the Michigan State Transportation Commission; the Michigan Department of Transportation; and the local unit(s) of government, within which the Project is located against all claims for damages to public or private property, for injuries to persons, or for other claims arising out of the performance or non-performance of the contracted work, whether during the progress or after the completion thereof. Insurance Coverage: The Contractor, prior to execution of the contract, shall file with the Road Commission for Oakland County, copies of complete certificates of insurance as evidence that he carries adequate insurance satisfactory to the Board. Insurance coverage shall be provided in accordance with the following: a, Workmen's Compensation Insurance: To provide protection for the Contractor's employees, to the statutory limits of the State of Michigan and $500,000 employer's liability. The indemnification obligation under this section shall not be limited in any ways by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's disability compensation coverage established by law. b. Bodily Injury and Property Damage Other than Automobile: To afford protection against all claims for damages to public or private property, and injuries to persons arising out of and during the progress and to the completion of the work, and with respect to product and completed operations for one year after completion of the work. 1. Bodily Injury Liability or: Single Limit: Bodily injury and Property Damage Each Person: $1,000,000 Each Occurrence: $1,000,000 Each Occurrence $1,000,000 Aggregate: $2,000,000 Aggregate $2,000,000 Property Damage Liability; Each Occurrence: $250,000 Aggregate: $250,000 Such insurance shall include: 1) explosion, collapse, and underground damage hazards (x,c,u), which shall include, but not be limited to coverage for (a) underground damage to facilities due to drilling and excavating with mechanical equipment; and (b) collapse or structural injury to structures due to blasting or explosion, Sashabaw Road Charter Township of Independence Project No. 61491 09/05/2012 - 7 - excavation, tunneling, pile driving, cofferdam work, or building moving or demolition; (2) products and completed operations; (3) contractual liability; and (4) independent contractors coverage. 2. Bodily Injury Liability and Property Damage Liability - Automobiles (Comprehensive Auto Liability). The minimum limits of bodily injury liability and property damage liability shall be: Bodily Injury Liability or Single Limit: Bodily Injury and Property Damage Liability Each Person $500,000 Each Occurrence: $2,000,000 Each Occurrence $1,000,000 Property Damage Liability; Each Occurrence: $1,000,000 Such insurance shall include coverage for all owned, hired, and non-owned vehicles. c. Excess and Umbrellas Insurance — The Contractor may substitute corresponding excess and/or umbrella liability insurance for a portion of the above listed requirements in order to meet the specified minimum limits of liability. d. The Contractor shall provide for and on behalf of the Road Commission for Oakland County and all agencies specified by the Road Commission, as their interest may appear, Owner's Protective Public Liability Insurance. Such insurance shall provide coverage and limits the same as the Contractor's Public Liability Insurance, e. Notice — The Contractor shall not cancel, renew, or non-renew the coverage of any insurance required by this Section without providing 30 day prior written notice to the Road Commission for Oakland County. All such insurance shall include an endorsement whereby the insurer shall agree to notify the Road Commission for Oakland County immediately of any reduction by the Contractor. The Contractor shall cease operations on the occurrence of any such cancellation. or reduction, and shall not resume operations until new insurance is in force, if the Contractor cannot secure the required insurance within 30 days, the Board reserves the right to terminate the Contract. f. Reports — The Contractor or his insurance carrier shall immediately report all claims received which relate to the Contract, and shall also report claims investigations made, and disposition of claims to the County Highway Engineer. EXHIBIT C PAGE 2 Sashabaw Road Charter Township of Independence Project No. 51491 09/0512012 - 8 - Resolution #12282 November 1,2012 The Chairperson referred the resolution to the Finance Committee. There were no objections. FINANCE Cp.ISLIMIVEE FISCAL NOTE (MISC. #12282) November 28, 2012 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2013 APPROPRIATION — CHARTER TOWNSHIP OF INDEPENDENCE — SASHABAW ROAD- PROJECT NO. 51491 TO: The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds: 1. On December 15, 2011, the Board of Commissioners approved Miscellaneous Resolution #11305 which designated $2,876,802 in fund balance for the Tr-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $50,000 is available in the General Fund Assigned Fund Balance for Tr-Party 2013 and prior funding (account #383510) for project 51491. 3. This project is for the installation of a traffic signal on Sashabaw Road at Flemings Lake Road. 4. The resolution allows for additional project costs not greater than 15% from the original agreement, which is consistent with the project as originally approved, to be paid when invoiced and appropriated in the quarterly forecast resolution. 5. Additional project costs exceeding 15% of the original agreement will require a separate Finance Committee resolution to appropriate the additional Oakland County share of the project costs prior to payment. 6. The FY 2013 budget be amended as follows: General Fund #10100 Revenue 9010101-196030-665882 Planned Use of Fund Balance Total Revenues Expenditures 9010101-153010-740135 Road Commission Tr-Party Total Expenditures FY 2013 $50000 $50,000 $50,000 $50,000 FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Taub, Woodward and Potts absent. HEREBY APPROV CHIEF DEPUTY COUN ACTING PURSUANT TO MOt: 45.55 Resolution #12282 November 28, 2012 Moved by Crawford supported by McGillivray the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Bill Bullard Jr., Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on November 28, 2012, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 28 of November, 2012, Bill Bullard Jr., Oakland County