HomeMy WebLinkAboutResolutions - 2018.06.13 - 23633MISCELLANEOUS RESOLUTION #18223
BY: Commissioner Christine Long, District #7
IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR
2018 APPROPRIATION — CHARTER TOWNSHIP OF COMMERCE — CONSTRUCTION OF A RIGHT-
TURN LANE ON OAKLEY PARK AT NEWTON ROAD — PROJECT NO. 54371
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 Assigned 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 Commerce, 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 Commerce and said appropriation has been transferred to a project account; and
WHEREAS the Charter Township of Commerce 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 2018 authorized amount of Tr-
Party Road Improvement funding for Project No. 54371 in the Charter Township of Commerce is $37,500.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
the project submitted by the Charter Township of Commerce and authorizes the release of Tr-Party Road
Improvement Program funds from the Oakland County Assigned 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 Commerce.
Chairperson, I move the adoption of the foregoing Resolution.
Commissioner Christine Long ,
District #7
5 -4
Quality Life through Good Roads "We Care"
AC2=3:=7,140. ift 1 LP 18D
CCWASSCES'ArCP1V 05/10/18
for OAKLAND COUNTY
Inter—Departmental Memorandum
PROGRAMMING DIVISION
DATE: April 27, 2018
To: Thomas G. Blust, RE., Director of Engineering
FROM: Thomas a Noechel, Programming Supervisor-77A
SUBJECT: PROJECT NO. 54371, OAKLEY PARK ROAD
AT NEWTON ROAD
LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM
CHARTER TOWNSHIP OF COMMERCE
Attached for your review and submission to the Board for their approval is the local cost
participation agreement with the Charter Township of Commerce for the construction of
a right-turn lane on Oakley Park at Newton Road. Construction on this project is expected
to begin this summer.
The Charter Township of Commerce has elected to use the Tr-Party Program to fund the
estimated total project cost of $112,500. Our total estimated share is $37,500 and is in
the FY18 budget.
The project is in the district of County Commissioner Christine A. Long. 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. Blust, RE.
Director of Engineering
=ROAD
COMMISSION
for OAKLAND COUNTY
QUALITY LIFE THROUGH GOOD ROADS:
:OAD COMMISSION FOR OAKLAND COUNTY
WE CARE:'
May 10, 2018
Ms. Melissa Creech, Clerk
Charter Township of Commerce
2009 Township Drive
Commerce Township, MI 48390
Re: Project No. 54371, Oakley Park Road at Newton
Dear Ms. Creech:
A fully signed and executed agreement for the above-mentioned project is
enclosed.
The agreement was approved and subsequently signed by Dennis G.
Kolar, RE., Managing Director at the regularly scheduled Board meeting of
Thursday, May 10, 2018.
Please contact Thomas G. Noechel, Programming Supervisor at (248)
645-2000 ext. 2266 to answer questions or for additional information.
3oard of Road Commissioners
Ronald J. Fowkes
Commissioner
Gregory C. Jamian
Commissioner
Eric S. Wilson
Commissioner
Dennis G. Kolar, F.E.
Managing Director
Gary Piotrowicz, PE., P.T.O.E
Deputy Managing Director
County Highway Engineer
Sincerely,
,
• L.3-)cuAn
alannon J. NI
Deputy-Secretary /Clerk of the Board
31001 Lahser Road
Beverly Hills, MI
48025
Ism
Enclosure
248-645-2000
FAX
248-645-0452
TDD
248-645-9923
n.vww.rcocweb.org
cc: Finance Department
Engineering Department
Programming Division
Lynn Sonkiss, Oakland County
COST PARTICIPATION AGREEMENT
CONSTRUCTION
Oakley Park Road
At Newton Road
Charter Township of Commerce
Board Project No. 54371
This Agreement, made and entered into this 10th day of May , 2018,
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 Commerce, hereinafter
referred to as the COMMUNITY, provides as follows:
WHEREAS, the BOARD and the COMMUNITY have programmed the construction of a
right-turn lane on Oakley Park Road at Newton 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 $112,500, and
WHEREAS, said PROJECT involves certain designated and approved Tr-Party Program
funding in the amount of $112,500, 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:
1. 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 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 $112,500 shall be funded and invoiced in the
following order:
a. Tr-Party Program funding in the amount of $112,500.
b. Any PROJECT costs above the Tr-Party Program funding of $112,500 will be
funded first with any available Tr-Party Program funds. If no Tr-Party Program
funds are available, any PROJECT costs above $112,500 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 $37,500
(being 100% of the BOARD's Tr-Party contribution).
b. The second invoice shall be payable by the COUNTY in the amount of $37,500
(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
Oakley Park Road - 2 -
Charter Township of Commerce
Project No. 54371
4/4/2018
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.
Oakley Park Road -3.-
Charter Township of Commerce
Project No. 54371
4/4/2518
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
date first written above.
BOARD OF ROAD COMMISSIONERS OF THE
COUNTY OF OAKLAND
A Public Body Corporate
By 'Deri.47.-Lid /aN__
Its
Managing Director
CHARTERIOWNSHIP OF COMMERCE
Y
Its
Oakley Park Road -.4-
Charter Township of Commerce
Project No. 54371
4/4/2018
EXHIBIT A
TRI-PARTY PROGRAM
Oakley Park Road
At Newton Road
Charter Township of Commerce
Board Project No. 54371
Construction of a right-turn lane on Oakley Park Road at Newton Road.
ESTIMATED PROJECT COST
Preliminary Engineering $9,000
Construction Engineering $13,500
Construction $90,000
Total Estimated Project Cost $112,500
COST PARTICIPATION BREAKDOWN
COMMUNITY COUNTY BOARD TOTAL
FY2015 Tr-Party Program $37,500 $37,500 $37,500 $112,500
TOTAL SHARES $37,500 $37,500 $37,500 $112,500
Oakley Park Road - 6 -
Charter Township of Commerce
Project No, 54371
4/4/2018
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
uABluri 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,
excavation, tunneling, pile driving, cofferdam work, or building moving or demolition; (2) products and
completed operations; (3) contractual liability; and (4) independent contractors coverage.
Oakley Park Road - 7 -
Charter Township of Commerce
Project No, 54371
4/4/2018
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.
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
Oakley Park Road - 8 -
Charter Township of Cornmeme
Proled No. 54311
4/4/2018
Resolution #18223 May 17, 2018
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #18223) June 13, 2018
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: BOARD OF COMMISSIONERS —TM-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR
2018 APPROPRIATION — CHARTER TOWNSHIP OF COMMERCE — CONSTRUCTION OF A RIGHT-
TURN LANE ON OAKLEY PARK AT NEWTON ROAD — PROJECT NO. 54371
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 resolution
and finds:
1. On December 7, 2017, the Board of Commissioners approved Miscellaneous Resolution #17325
which designated $4,470,159 in fund balance for the Tr-Party Road Improvement Program for
projects managed by the Road Commission for Oakland County (RCOC).
2. Funding of $37,500 is available in the General Fund Assigned Fund Balance for Tr-Party 2018 and
prior funding (account #383510) for Project No. 54371.
3. This project is for the construction of a right-turn lane on Oakley Park Road at Newton 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 2018 budget be amended as follows:
FY 2018 GENERAL FUND #10100
Revenue
9010101-196030-665882 Planned Use of Balance
Total Revenues
Expenditures
9010101-153010-740135 Road Commission Tr-Party
Total Expenditures
$37,500
$37,500
$37,500
$37,500
Commissioner Thomas Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
6/6-if a'
Resolution #18223 June 13, 2018
Moved by Hoffman supported by Zack the resolutions (with fiscal notes attached) on the amended Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Fleming, Gershenson, Hoffman, Jackson, Kochenderfer, KowaII, Long,
McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman,
Bowman. (19)
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).
1 HEREVAPPAM NMI Filta6LUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.659A (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 June 13, 2018,
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 13 111 day of June, 2018.
Lisa Brown, Oakland County