HomeMy WebLinkAboutResolutions - 2016.03.30 - 22230MISCELLANEOUS RESOLUTION #16048
BY: Commissioners Michael J. Gingell, District #1
IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2016 APPROPRIATION — CHARTER TOWNSHIP OF ORION — GRAVEL ROAD PAVING OF
CLARKSTON ROAD — PROJECT NO. 52931
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 Orion, 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 Orion and said appropriation has been transferred to a project account; and
WHEREAS the Charter Township of Orion 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 (113) share of the — Fiscal Year 2016 authorized amount of Tr-
Party Road Improvement funding for Project No. 52931 in the Charter Township of Orion is $79,445.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the project submitted by the Charter Township of Orion 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 Orion.
Chairperson, I move the adoption of the foregoing Resolution.
ornehiSSIoner IVIichapfX-Gingell
District #1
Thomas G Blust, P.E.
Director of Engineering
Quality Life through Good Roads "We Care"
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Cia#WW5:57412 0,AV
for OAKLAND COUNTY
Inter—Departmental Memorandum
PROGRAMMING DIVISION
DATE: March 2, 2016
To: Thomas G. Blust, RE., Director of Engineering
FROM: Thomas G. Noechel, Programming Supervisor -V/4
SUBJECT: PROJECT NO. 52931, CLARKSTON ROAD
AT BALD MOUNTAIN ROAD
LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM
CHARTER TOWNSHIP OF ORION
Attached for your review and submission to the Board for their approval is the local cost
participation agreement with the Charter Township of Orion for the gravel road paving of
Clarkston Road from the end of pavement to 400 feet east of Bald Mountain Road.
Construction on this project is expected to begin this summer.
The Charter Township of Orion has elected to use the Tr-Party Program to fund the
estimated total project cost of $238,335. Our share is estimated to be $79,445 and is in
the FY16 budget.
The project is in the district of County Commissioner Michael J. Gingell. 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.
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Attachments
=ROAD
COMMISSION
for OAKLAND COUNTY
QUALITY LIFE THROUGH GOOD ROADS:
'OAP COMMISSION FOR OAKLAND COUNTY
WE CARE.' March 10, 2016
Ms. Penny Shults, Clerk
Charter Township of
2525 Joslyn Road
Lake Orion, MI 48360
Re: CLARKSTON ROAD AT BALD MOUNTAIN ROAD
PROJECT NO. 52931
Dear Ms. Shults:
A fully signed and executed agreement for the above mentioned project is
enclosed.
The agreement was approved and subsequently signed by Dennis G.
Kolar, PE, Managing Director at the regularly scheduled Board meeting of
Thursday, March 10, 2016.
Please contact Thomas G. Noechel, Programming Supervisor at (248)
645-2000 ext. 2266 to answer questions or for additional information.
Sincerely,
• nottt),QC,
Shannon J. Miller
Deputy-Secretary /Clerk of the Board
Ism
Enclosure
cc: Dennis Lockhart
Engineering Department
Programming Department
Lynn Sonkiss
9oard of Road Commissioners
Ronald J. Fawkes
Commissioner
Gregory C. Jamian
Commissioner
Eric S. Wilson
Commissioner
Dennis G. Kolar, RE,
Managing Director
Gary Piotrowicz, RE, P.T.O.E.
Deputy Managing Director
County Highway Engineer
31001 Lahser Road
Beverly Hills, Mt
48025
248-645-2000
FAX
248-645-0452
TDD
248-645-9923
www.rcocweb.org
COST PARTICIPATION AGREEMENT
CONSTRUCTION
Clarkston Road
At Bald Mountain Road
Charter Township of Orion
Board Project No. 52931
This Agreement, made and entered into this k-)441' day of , 2016,
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 Orion, hereinafter referred
to as the COMMUNITY, provides as follows:
WHEREAS, the BOARD and the COMMUNITY have programmed the gravel road paving
of Clarkston Road from the end of pavement to 400 feet east of Bald Mountain 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 $238,335; and
WHEREAS, said PROJECT involves certain designated and approved Tr-Party Program
funding in the amount of $238,335, 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 engineering, construction
engineering, and administration in reference thereto.
2. The actual total cost of the PROJECT shall include preliminary engineering,
construction engineering, and 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 $238,335 shall be funded in the following
order:
a. Tr-Party Program in the amount of $238,335.
b. Any PROJECT costs above the Tr-Party Program funding of $238,335 will be
funded first with any available Tr-Party Program Funds. If no Tr-Party
Program Funds are available, any PROJECT costs above $238,335 will be
funded 100% by the COMMUNITY.
6. Upon execution of this agreement, the COMMUNITY shall submit two invoices to
the BOARD:
a. The first invoice shall be payable by the BOARD in the amount of $79,445
(being 100% of the BOARD's Tr-Party contribution).
b. The second invoice shall be payable by the COUNTY in the amount of
$79,445 (being 100% of the COUNTY'S Tr-Party contribution).
Claristan Road - 2 -
Charier Township of Orion
Project No. 62931
2/25/2016
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.
Clarkston Road - 3 -
Charter Township of Orion
Project No. 52931
2/25/2016
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
By D.Aif-01-cd 1‘14,,
Managing Director
Its
CHARTER./rOWNS1:14P OF ORION
By
CARiS Bk1121.1 CIT
Its
Clarkston Road
Charter Township of Orion
Projed No. 52931
2/2512016
-4- 4 -
EXHIBIT A
TRI-PARTY PROGRAM
Clarkston Road
At Bald Mountain Road
Charter Township of Orion
Board Project No, 52931
Gravel road paving of Clarkston Road from the end of pavement to 400 feet east of Bald
Mountain Road.
ESTIMATED PROJECT COST
Preliminary Engineering $19,067
Construction Engineering $28,600
Contractor Payments $190,668
Total Estimated Project Cost $238,335
COST PARTICIPATION BREAKDOWN
COMMUNITY COUNTY BOARD TOTAL
FY2014 Tr-Party Program $15,551 $15,551 $15,551 $46,653
FY2015 Tr-Party Program $35,081 $35,081 $35,081 $105,243
FY2016 Tr-Party Program $28,813 $28,813 $28,813 $86,439
TOTAL SHARES $79,445 $79,445 $79,445 $238,335
Clarkston Road - 5 -
Charter Township ot Orion
Project No, 52631
2/25/2016
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 directiy 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,
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,
Clarkston Road
Charter Township of Orion
Project No. 52031
2/25/2016
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.
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
Clarkston Road - 8 -
Charter Township of Orion
Project No. 52931
2/25/2016
Resolution #16048 March 17, 2016
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Resolution #16048 March 30, 2016
Moved by Kochenderfer supported by McGillivray the resolutions (with fiscal notes attached) on the
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kochenderfer,
KowaII, Long, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Bowman,
Crawford. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
•
0 joc) 1
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
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 March 30,
2016, 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 301h day of March, 2016.
Lisa Brown, Oakland County