HomeMy WebLinkAboutResolutions - 2018.08.09 - 23711MISCELLANEOUS RESOLUTION #18270
BY: Commissioner Hugh Crawford, District #9
IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR
2018 APPROPRIATION — TOWNSHIP OF NOVI — RESURFACING VARIOUS LOCAL ROADS —
PROJECT NO. 54432
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 Township of Novi, 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 Township of Novi
and said appropriation has been transferred to a project account; and
WHEREAS the Township of Novi 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 2018 authorized amount of Tr-
Party Road Improvement funding for Project No. 54432 in the Township of Novi is $304.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
the project submitted by the Township of Novi and authori±es 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 Township
of Novi.
Chairperson, I move the adoption of the foregoing Resolution.
Commissioner Hugh Crawford
District #9
Quality Life through Good Roads "We Care"
=FA140.47ACP
4C4:71100115.5./C7A,
f/37—
06/14/18
22D
for OAKLAND COUNTY
Inter—Departmental Memorandum
PROGRAMMING DIVISION
DATE: June 1, 2018
To: Thomas G. Blust, RE., Director of Engineering
FROM: Thomas G. Noechel, Programming Supervisor 1:011
SUBJECT: PROJECT NO. 54432, NOVI TOWNSHIP RESURFACING
VARIOUS LOCAL ROADS
LOCAL COST PARTICIPATION AGREEMENT/FRI-PARTY PROGRAM
TOWNSHIP OF NOVI
Attached for your review and submission to the Board for their approval is the local cost
participation agreement with the Township of Novi for the resurfacing of various local
roads. Construction on this project was completed last fall.
The township has elected to use $913 from the Tr-Party Program to fund a portion of the
project cost. Our share is $304 and is in the FY18 budget.
The project is in the district of County Commissioner Hugh D. Crawford. 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
‘
,9(y
G. Blust, P.E.
O._ Director of Engineering
LA) 1-
=ROAD
COMMISSION
for OAKLAND COUNTY
QUALITY LIFE THROUGH Gaol] ROADS:
:0Ail COMMISSION FOR OAKLAND COUNTY
"WE CARE."
June 14, 2018
goard of Road Commissioners
Ronald J. Fowkes
Commissioner
Gregory C. Jamian
Commissioner
Eric S. Wilson
Commissioner
Dennis G. Kolar, P.E.
Managing Director
Gary Piotrowicz, RE., P.r.o.E.
Deputy Managing Director
County Highway Engineer
Clerk of the Board
31001 Lahser Road
Beverly kills, MI
48025
248-645-2000
FAX
248-845-0452
TDD
248-645-9923
www.rcocweb.org
Mr. Derwood Haines, Clerk
Township of Novi
44020 Cottisford Road
Northville, MI 48167
Re: Novi Township Resurfacing, Various Local Roads
Project No. 54432
Dear Mr. Haines:
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, June 14, 2018.
Please contact Thomas G. Noechel, Programming Supervisor at (248)
645-2000 ext. 2266 to answer questions or for additional information.
Sincerely,
,
..))11C•u1r1
‘-iannon J. Miiier
Deputy-Secretary /Clerk of the Board
Ism
Enclosure
cc: Finance Department
Engineering Department
Programming Division
Lynn Sonkiss, Oakland County
COST PARTICIPATION AGREEMENT
CONSTRUCTION
Novi Township Resurfacing 2018
Various Local Roads
Township of Novi
Board Project No. 54432
This Agreement, made and entered into this 14th day of June , 2018,
by and between the Board of County Road Commissioners of the County of Oakland, Michigan,
hereinafter referred to as the BOARD, and the Township of Novi, hereinafter referred to as the
COMMUNITY, provides as follows:
WHEREAS, the BOARD and the COMMUNITY have programmed the resurfacing of
various local roads, 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 $913; and
WHEREAS, said PROJECT involves certain designated and approved Tr-Party Program
funding in the amount of $913, 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 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 $913 shall be funded and invoiced in the
following order:
a. Tr-Party Program in the amount of $913.
b. Any PROJECT costs above the Tr-Party Program funding of $913 will be
funded first with any available Tr-Party Program funds. If no Tr-Party Program
funds are available, any PROJECT costs above $913 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 $304 (being
100% of the BOARD's Tr-Party contribution).
b. The second invoice shall be payable by the COUNTY in the amount of $304
(being 100% of the COUNTY'S Tr-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
Novi Twp. Resurfacing 2018 - 2 -
Township of Novi
Project No. 54432
5/2212018
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
Its Managing Director
TOWNSHIP OF NOVI
Novi Twp. Resurfacing 2018 - 3 - Township of Novi
Project No, 54432
5/22/2018
EXHIBIT A
TRI-PARTY PROGRAM
Novi Twp. Resurfacing 2018
Various Local Roads
Township of Novi
Board Project No. 54432
Resurfacing of various local roads with the Township of Novi.
ESTIMATED PROJECT COST
Contractor Payments $913
Total Estimated Project Cost $913
COST PARTICIPATION BREAKDOWN
COMMUNITY COUNTY BOARD TOTAL
FY2018 Tr-Party Program $305 $304 $304 $913
TOTAL SHARES $305 $304 $304 $913
Novi Two. Resurfacing 2018 - 4 - Townshlp of Novi
Project No. 54432
5/22/2018
Exhibit B
PROVISIONS
Biddinci: 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,
excavation, tunneling, pile driving, cofferdam work, or building moving or demolition; (2) products and
completed operations; (3) contractual liability; and (4) independent contractors coverage.
Novi Two, Resurfacing 2018 - 6 -
Township of Novi
Project No. 54432
5122)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.
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
Novi Twp. Resurfacing 2018 - 7 -
Township of Novi
Project No, 54432
5122/2018
Resolution #18270 July 19, 2018
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #18270) August 9, 2018
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR
2018 APPROPRIATION — TOWNSHIP OF NOVI — RESURFACING VARIOUS LOCAL ROADS —
PROJECT NO. 54432
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 $304 is available in the General Fund Assigned Fund Balance for Tr-Party 2018 and
prior funding (account #383510) for project 54432.
3. This project is for the resurfacing of various local roads.
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:
Expenditures
9010101-153010-740135
FY 2018
Planned Use of Balance $304
Total Revenues $304
Road Commission Tr-Party $304
Total Expenditures s_aoA
GENERAL FUND #10100
Revenue
9010101-196030-665882
Commissioner Thomas Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #18270 August 9,2018
Moved by Long supported by McGillivray the resolutions (with fiscal notes attached) be adopted with
accompanying reports being accepted.
AYES: Fleming, Gershenson, Gingen, Hoffman, Jackson, Kochenderfer, KowaII, Long,
McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, 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).
I HERO:WM:MANE 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 August 9, 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 9th day of August, 2018,
Lisa Brown, Oakland County