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HomeMy WebLinkAboutResolutions - 2015.10.07 - 22037Commissioner Marcia Gers),htnso District #13 MISCELLANEOUS RESOLUTION #15257 BY: Commissioners Marcia Gershenson, District #13 IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2015 APPROPRIATION — CHARTER TOWNSHIP OF WEST BLOOMFIELD — BURTONWOOD DRIVE CULVERT REPAIRS— PROJECT NO. 53034 To the 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 #09221, as amended by Miscellaneous Resolution #10045, provides that any Oakland County appropriation in support of the Tr-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. 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; and WHEREAS the Charter Township of West Bloomfield, 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 West Bloomfield and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of West Bloomfield 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 2015 authorized amount of Tr- Party Road Improvement funding for Project No. 53034 in the Charter Township of West Bloomfield is $15,223. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of West Bloomfield 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 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 West Bloomfield. Chairperson, I move the adoption of the foregoing Resolution. Quality Life through Good Roads "We Care" =1142.4.10 CalifilirfaSSZCIPAr ,11cd ,)1A " for OAKLAND COUNTY Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: September 4, 2015 To: Thomas G. Blust, P.E., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor 7:4 11 SUBJECT: PROJECT NO. 53034, BURTONWOOD DRIVE CROSSING THE PEBBLE CREEK TRIBUTARY RCOC ID NO. 2419B LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM CHARTER TOWNSHIP OF WEST BLOOMFIELD Attached for your review and submission to the Board for their approval is the local cost participation agreement with the Charter Township of West Bloomfield for the culvert repair work on Burtonwood Drive crossing the Pebble Creek Tributary. Construction on this project is expected to begin this summer. The estimated total cost is $91,400 and will be partially funded with $45,700 in Tri-Party funds and a $45,700 from the Board. Our total estimated share is $60,933 and is in the FY15 budget. The project is in the district of County Commissioner Marcia Gershenson. 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. /je Attachments Recommended for Board Approval Thomas'G. 6iust, Director of Engineering iA.c.uLf; q4ts 1=1=7 R 0 A 19 COMMISSION for OAKLAND COUNTY QUALITY LIFE THROUGH GOOD ROADS: OAD COMMIS5ION FOR OAKLAND COUNTY "WE CARE." September 17, 2015 Ms. Catherine Shaughnessy Township Clerk Charter Township of West Bloomfield P.O. Box 250130 West Bloomfield, MI 48325-0130 RE: Project No. 53034, Burtonwood Drive Crossing Pebble Creek Tributary Culvert Repair Dear Ms. Shaughnessy: A fuliy signed and executed agreement for the above-referenced project is enclosed. The agreement was approved at the regularly scheduled Board meeting of Thursday, September 17, 2015, and subsequently signed by Dennis G. Kolar, P.E., Managing Director. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645- 2000 ext. 2266 to answer any questions or for additional information. Sincerely, 3dard of Road Commissioners Ronald J. Rowkes t3cfmrir.3sioner Gregory C. Jam Ian Co,romiss;crier Eric S. Wilson Corninissoner Dennis G. Kolar, RE Manacing Director Gary Piotrowicz., RE., P.T.O.E. Deputy Managing Director County. Highway Engineer Patricia Z. liVierzbicki Deputy-Secretary /Clerk of the Board /sm Enclosure c: Finance Department Engineering Department Programming Division Lynn Sonkiss, Oakland County Clerk of the Board 31001 Lahser Road Beverly MI 48025 248-645-2000 FAX 248-645-1349 wwwscocweb.org COST PARTICIPATION AGREEMENT CONSTRUCTION Burtonwood Drive Over the Pebble Creek Tributary Charter Township of West Bloomfield Board Project No. 53034 This Agreement, made and entered into this -'0A, day of SE>tat , 2015, by and between the Board of County Road Commissioners of the County of Oakland, Michigan, hereinafter referred to as the BOARD, and the Charter Township of West Bloomfield, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD and the COMMUNITY have programmed the culvert repair work on Burtonwood Drive over the Pebble Creek Tributary (RCOC ID No. 2419B), 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 $91,400; and WHEREAS, said PROJECT involves certain designated and approved Tr-Party Program funding in the amount of $45,700, 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 CONSTRUCTION engineering services and administration in reference thereto. 2. The actual total cost of the PROJECT shall include total payments to the contractor. 3. 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. 5. The estimated total PROJECT cost of $91,400 shall be funded in the following order: a. Tr-Party Program in the amount of $45,700. b. The BOARD shall contribute $45,700 toward the PROJECT. c. The COMMUNITY agrees that any PROJECT costs above the Tr-Party Program funding of $45,700 and the BOARD contribution of $45,700 will be shared equally between the BOARD and the COMMUNITY. If available, the COMMUNITY may use Tr-Party Program funds for their share. 6. Upon execution of this agreement, the COMMUNITY shall submit two invoices to the BOARD: 2. The first invoice shall be payable by the BOARD in the amount of $60,933 (being 100% of the BOARD's Tr-Party contribution of $15,233 and 100% of the BOARD's additional contribution of $45,700). b. The second invoice shall be payable by the COUNTY in the amount of $15,233 (being 100% of the COUNTY'S Tr-Party contribution). Burtonwood Drive - 2 - Charter Township of West Bloomfield Project No. 53034 08/0512015 c. The invoices shall be sent to: Ms. Julie Enders, Engineering Aide Road Commission for Oakland County 31001 Lahser Road Beverly Hills, MI 48025 7. Within 90 days of completion of the PROJECT, the COMMUNITY shall submit to 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. Burtonwood Drive - 3 - Charter Township of West Bloomfield Project No. 53034 08/05/2015 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 te2v)tt,i3 /6/‘•-n- Managing Director CHARTER TOWNSHIP OF WEST BLOOMFIELD By Its Clerk By Its - 5 - Burtonwood Drive Charter Township of West Bloomfield Project No. 53034 8/5/2015 EXHIBIT A TR1-PARTY PROGRAM Burtonwood Drive Over the Pebble Creek Tributary Charter Township of West Bloomfield Board Project No. 53034 Culvert repair work on Burtonwood Drive over the Pebble Creek Tributary. ESTIMATED PROJECT COST Contractor Payments $91,400 Total Estimated Project Cost $91,400 COST PARTICIPATION BREAKDOWN COMMUNITY COUNTY BOARD TOTAL FY2015 Tr-Party Program $15,234 $15,233 $15,233 $45,700 Contribution $0 $0 $45,700 $45,700 TOTAL SHARES $15,234 $15,233 $60,933 $91,400 Burtonwood Drive Charter Township of West Bloomfield Project No. 53034 G8/0512015 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. 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, Bunonwood Drive - 7 - Charter Township of West Bloomfield Project No. 53034 08105/2015 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 Buttonwood Drive - 8 - Charter Township of West Bloomfield Project No. 53034 OB/05/2015 Resolution #15257 October 7, 2015 The Chairperson referred the resolution to the Finance Committee. There were no objections.