HomeMy WebLinkAboutResolutions - 2013.05.22 - 20885Miscellaneous Resolution # 13 115
BY: Commissioner Michael Spisz, District 3
RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2013
APPROPRIATION - CHARTER TOWNSHIP OF OXFORD - IMPROVEMENT ON SEYMOUR LAKE ROAD
AT BROOKSIDE DRIVE - PROJECT NO. 51781
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, as amended by Miscellaneous Resolution
#10045, provides that any Oakland County appropriation in support of the Sri-Party
Road Improvement Program shall be distributed only 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. She 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. She Commissioner(s) representing the CVT reduesting 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
Sri-Party Program. The resolution shall be approved by the Finance
Committee and the full Board; and
WHEREAS the Charter Township of Oxford, along with the RCOC has identified a
project and said project is ready to be undertaken immediately; and
WHEREAS the RCOC has appropriated its 1/3 share of the funding for the project in
the Charter Township of Oxford and said appropriation has bean transferred to a
project account; and
WHEREAS the Charter Township of Oxford has demonstrated that it has authorized its
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 Sri-Party Road Improvement funding for Project 51781 in the Charter
Township of Oxford is $17,800.
NOW THEREFORE BE IT RESOLVED that the :Oakland County Board of Commissioners hereby
approves the project submitted by the Charter Township of Oxford and authorizes the
release of Sri-Party Road Improvement Program funds from the Oakland County
Designated Fund Balance.
BE IT FURTHER RESOLVED additional ord'ect costs, not greater than 15% from the
original agreement, which are consistent with the project as originally approved,
will be paid when invoiced and appropriated 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.
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 Oxford.
Chairperson, I move the adoption of the foregoing Resolutie
cc: Dennis Lockhart
Tom Blust
Torn Noechel
im Soave :
248-645-2000
Board of Road Commissioners
Ronald J. Fawkes
Commissioner
Gregory C. Jamian
Commissioner
April 11,2013
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
Mr. Curtis Wright, Clerk
Charter Township of Oxford
300 r)unlap R i.-oad
Oxford, MI 48371
Re: Project No, 51781, Seymour Lake Road
at Brookside Drive
Local Cost Participation Agreement
Dear Mr. Wright:
A fully signed and executed contract for the above-referenced project is
enclosed.
The agreement was approved and subsequently signed by Dennis C. kola:-,
RE, Managing Director at the regularly scheduled Board meeting of
Thursday, April 11,2013.
Please contact Thomas G. Noechel, Programming Supervisor at (248' 64
2000 ext. 2266 to answer any questions or for additional information.
Sincerely,
Patricia Z. VVierzbicki
Deputy-Secretary /Clerk of the Board
Clerk of the Board lam
31001 Lahser Road
Beverly Hills, MI 48025
Enclosure
CLNTENN'IAL
100 YEARS OF TRANSPOREAT1ON EXCELLENCE
Inter—Departmental Memorandum
PROGRAMMING DIVISION
DATE: April 1, 2013
To: Thomas G. Blust, P.E., Director of Engineering
FROM Thomas G. Noechel, Programming Supervisor
SUBJECT: PROJECT NO. 51781, SEYMOUR LAKE ROAD
AT BROOKSIDE DRIVE
LOCAL COST PARTICIPATION AGREEMENT — CHARTER TOWNSHIP
OF OXFORD
Attached for your review and submission to the Board for their approval is the local cost
participation agreement with the Charter Township of Oxford for the resurfacing, curb
and gutter, and drainage improvements on Seymour Lake Road and Brookfield Drive.
The Charter Township of Oxford has elected to use th ,-.4 Tr-Party Program to fund th
estimated total project cost of $53,400. Our share is estimated to be $17300. and is in
the FY13 budget.
The project is in the district of County Commissioners Michael Spisz. The agreement is
in our standard approved format, and l recommend Board approval and authorize the
Managing Director to execute the agreement on behalf of the Board.
/je
Attachments
Recommended for Board Approval
Thomas G, Blust, P.E.
Director of Engineering
COST PARTICIPATION AGREEMENT
CONSTRUCTION
Seymour Lake Road
• At Brookside Drive
Charter Township of Oxford
Board Project No. 51781
This Agreement, made and entered into this IA.-kAr, day of 2013,
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 Oxford, hereinafter referred
to as the COMMUNITY, provides as follows:
WHEREAS, the BOARD and the COMMUNITY have programmed the resurfacing, curb
and gutter, and drainage improvements on Seymour Lake Road and Brookfield Drive, 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 $53,400; and
WHEREAS, said PROJECT involves certain designated and approved Tr-Party Program
funding in the amount of $53,400, 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 or cause to be performed all preliminary and construction engineering
services and administration in reference thereto.
2. The actual total cost of the PROJECT shall include total payments to the
contractor.
The COMMUNITY shall comply with the provisions as set forth in Exhibit ''B"
attached hereto.
4. The COMMUNITY shall comply with the liability and insurance requirements as set
forth in Exhibit 'C" attached hereto.
The estimated total PROJECT cost of $53,400 shall be funded in the following
order:
a. The Tr-Party Program funding is not to exceed $53,400.
b. The COMMUNITY agrees that any PROJECT costs above the Tri-P rty
Program funding of $53,400 will be funded 1.00% by the COMMUNITY.
Upon execution of this agreement, the COMMUNITY shall submit two invoices to
the BOARD:
The first invoice shall be payable by the BOARD in the amount of $17,800
(being 100% of the BOARD's Tri-Party contribution).
b. The second invoice shall be payable by the COUNTY in the amount of
$17,800 (being 100% of the COUNTY'S Tri-Party contribution)
c. The invoices shall be sent to:
Ms. Julie Enders, Engineering Aide
Road Commission for Oakland County
31001 Lahser Road
Beverly Hills, MI 48025
Seymour Lake Road - 2 - Charter i ownship of Oxford
Project No. 51781
3/2512013
7. Within 90 days upon completion of the PROJECT, the COMMUNITY shall submit
to the BOARD the following:
a. A cover letter originated by the CC>MM14NITY certifying that the PROJECT is
now complete.
A copy of the FINAL payment estimate paid to the contractor.
One Copy of the complete set of the as-built construction plans containing the
adjusted quantities of the PROJECT_
Seyritour Lake Road -3-- Carte ; Townsp of Oxford
Project No. 51781
3/25/2013
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
Its
Managing Director
CHARTER TOWNSHIP OF OXFORD
Seymour Lake Road - 4 - Charter Tarifa' of Oxford
Project No. 51781
3/25;2013
EXHIBIT A
TRI-PARTY PROGRAM
Seymour Lake Road
At Brookfield Drive
Charter Township of Oxford
Board Project No. 51781
Resurfacing, curb and gutter, and drainage improvements on Seymour Lake Road an
Brookside Drive,
ESTIMATED PROJECT COST
Contractor Payments - PE
Contractor Payments - •
Contractor Payments
Total Estimated Project Cost
$5,000
$7,000
400
CST PARTICIPATION BREAKDOWN
0 MUNITY COUNTY BOARD TOTAL
FY12 Addl Tr-Party Program $17,800 $17,800 $17800 $53,400
TOTAL SHARES $17,800 $17,800 $17,800 IT . ' $53, 40n - !
Seymour Lake Road - 5 -
Charter Township of Oxford
Project No 51781
312512013
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 .ebilfractor 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 nd 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 (H)
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
will require compliance of all subcontractors and subconsuttants.
In accordance with Michigan 1976. PA 453, the COMMUNITY hereto agrees not to discriminate against an employee
applicant for employment with respect to hire, tenure, terms, conditions or privileges of employment, because of race, coier,
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 subconsuttants 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.
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 Michlymi State Ticu tpuilation Col the Michigan Department of ittillsput iation; 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 Coveract 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 L,ontractors. 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 limitatiort on the amount or type of damages, comoe,nSation 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 Liabliity or: Single Limit: Bodily injury and Property Damage
Each Person: $1,000,000 Each Occurrence: $1,000,000
Each Occurrence $1,000,000 Aggreoate: $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,
Seymour Lake Road - 7 - Charter Township of Oxford
Project No. 51781
32572013
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 Properly 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
Reports — The Contractor or his insurance carder 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
Seymour Lake Road - 8 - Charter Townstup of Oxford
Project No. 51781
3/25/2013
Resolution #13115 May 9,2013
The Chairperson referred the resolution to the Finance Committee. There were no objections.
$17,800
$17,800
CE COMIMTEE
FISCAL NOTE (MISC. *13115) May 22, 2013
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2013 APPROPRIATION — CHARTER TOWNSHIP OF OXFORD — IMPROVEMENT ON
SEYMOUR LAKE ROAD AT BROOKSIDE DRIVE - PROJECT NO. 51781
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 13, 2012, the Board of Commissioners approved Miscellaneous Resolution *12322
which assigned $3,000,000 in fund balance for the Tr-Party Road Improvement Program for
projects managed by the Road Commission for Oakland County (RCOC).
2. Funding of $17,800 is available in the General Fund Assigned Fund Balance for Tr-Party 2013
and prior funding (account #383510) for project 51781.
3. This project is for the resurfacing, curb and gutter, and drainage improvements on Seymour Lake
Road and Brookfield Drive.
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
FY 2013
$17,800
$17,800
Expenditures
9010101-153010-740135 Road Commission Tr-Party
Total Expenditures
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Woodward, Matis and Quarles absent.
Resolution #13115 May 22, 2013
Moved by Spisz supported by Quarles the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray,
Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic,
Crawford. (20)
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).
4.
rt.,Et3Y APPROVE THIS RE SOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MC''
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 May 22, 2013,
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 22nd day of May, 2013.
Lisa Brown, Oakland County