The URL can be used to link to this page

Home My WebLink AboutResolutions - 2014.02.06 - 21176Miscellaneous Resolution #14014 BY: Commissioner Christine Long, District 7 RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2014 APPROPRIATION - CITY OF WALLED LAKE - IMPROVEMENT ON PONTIAC TRAIL AT DECKER ROAD - PROJECT NO. 52151 TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Beard 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 Tri-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 1 1 .111 1 1 cc:. 1 1111 1. the project and has executed a contract for payment with the RCOC; and 4. The 11111 Ap)--11..1 1 cc/1 1 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 City of Walled Lake, 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 City of Walled Lake and said appropriation has been transferred to a project account; and WHEREAS the City of Walled Lake 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 2014 authorized amount of Tr-Party Road Improvement funding for Project 52151 in the City of Walled Lake is $78,661. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Walled Lake and authorizes the release of Tr-Party Read 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 City of Walled Lake. Chairperson, I move the adoption of the foregoing Resolution. (11514:117S! Christine Long, District 7 Board of Road Commissioners December 12, 2013 Mr. L. Dennis Whitt, City Manager City of Walled Lake 1499 E. West Maple Road Walled Lake, MI 48390 Re: Project No. 52151; Pontiac Trail at Decker Road Local Cost Participation Agreement Dear Mr. Whitt: A fully signed and executed agreement for the above-referenced item is enclosed. The agreement was approved at the regularly scheduled Board meeting of Thursday, December 12, 2013, and subsequently signed by Dennis G. Kolar, P.E., Managing Director. Please contact Tom Noechel, Programming Supervisor at (248) 645-2000 ext. 2213 to answer any questions or for additional information. Sincerely, 1)0 Patricia Z. Wierzbicki Deputy-Secretary /Clerk of the Board /IN Enclosure cc: Dennis Lockhart Tom Blust Tom Noechel Tim Soave, Oakland County Management and Budget Ronald J. Fowkes Commissioner Gregory C. Jamian Commissioner Eric S. Wilson Commissioner Dennis G, Kolar, RE, Managing Director Gary Piotrowicz, RE., F.T.0,E, Deputy Managing Director County Highway Engineer Clerk of the Board 31001 Lahser Road Beverly Hills, MI 48025 248-645-2000 FAX 248-645-1349 www.rcocweb.org Thomas G. Biust, P.E. Director of Engineering ROAD COMMESION 100 YEARS OF TRANSPORTATION EXCELLENCE Inter-Departmental Memorandum PROGRAMMING DIVISION DATE: December 2, 2013 To: Thomas G. Blust, RE., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor -T.4M SUBJECT: PROJECT NO. 52151, PONTIAC TRAIL AT DECKER ROAD TRI-PARTY PROGRAM/LOCAL COST PARTICIPATION AGREEMENT CITY OF WALLED LAKE Attached for your review and submission to the Board for their approval is the local cost participation agreement with the City of Walled Lake for resurfacing, ADA improvements, and pedestrian signal upgrades on Pontiac Trail at Decker Road. The City of Walled Lake has elected to use $235,982 in Tr-Party Program Funds along with a contribution of $32,018 to fund the estimated total project cost of $268,000. Our share is estimated to be $78,661 and is in the FY14 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. fje Attachments COST PARTICIPATION AGREEMENT CONSTRUCTION Pontiac Trail at Decker Road City of Walled Lake Board Project No. 62151 This Agreement, made arid entered into this LL4 itk. day of 'bf.A11.4tAW. , 2013, by and between the Board of Road Commissioners for the County of Oakland, Michigan, hereinafter referred to as the BOARD, and the City of Walled Lake, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD and the COMMUNITY have programmed the resurfacing, ADA improvements, and pedestrian signal upgrades on Pontiac Trail at Decker 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 $268,000; and WHEREAS, said PROJECT involves certain designated and approved Tr-Party Program funding in the amount of $236,982, 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 $268,000 shall be funded in the following order: a. The Tr-Party Program funding is not to exceed $235,982. b. The COMMUNITY shall contribute $32,018 toward the LOCAL MATCH. c. Any PROJECT costs above the Tr-Party Program funding of $235,982 and the $32,018 contribution by the COMMUNITY will be funded first with any available Tri-Party Program Funds. If no Tr-Party Program Funds are available, any PROJECT costs above $268,000 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 $78,661 (being 100% of the BOARD's Tr-Party contribution). b. The second invoice shall be payable by the COUNTY in the amount of $78,661 (being 100% of the COUNTY'S Tr-Party contribution). Pontiac Trail at Decker Road - 2 - City of Walled Lake Project No. 52151 100/2013 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. Pontiac Trail at Decker Road - 3 - City of Walled Lake Project No. 52151 10/7/2013 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 By Its Managing Director CITY OF WALLED LAKE By 2542-e40€61c/-' Its 74%-z-e-eirt Pontiac Trail at Decker Road Cfty of Waked Lake Project No. 52151 1D/712013 - 4 - TRi-PARTY PROGRAM Pontiac Trail at Decker Road City of Walled Lake Board Project No. 52151 Resurfacing, ADA improvements, and pedestrian signal upgrades on Pontiac Trail at Decker Road. ESTIMATED PROJECT COST Preliminary Engineering $15,000 Construction Engineering $33,000 Contractor Payments - Construction $220,000 Total Estimated Project Cost $268,000 . COST PARTICIPATION BREAKDOWN COMMUNITY COUNTY BOARD TOTAL FY2008 Tr-Party Program $18,577 $18,578 $18,578 $55,733 FY2009 Tr-Party Program $22,235 $22,234 $22,235 $66,704 FY2010 Tr-Party Program $9,645 $9,645 $9,644 $28,934 FY2011 Tr-Party Program $9,572 $9,573 $9,572 $28,717 FY2012 Tr-Party Program $9,298 $9,298 $9,298 $27,894 FY2013 Tr-Party Program $9,333 $9,333 $9,334 $28,000 Contribution $32,018 $0 $0 $32,018 TOTAL SHARES $110,678 $78,661 $78,661 $268,000 Pontiac Trail at Docker Road City of Walled Lake Project No. 52151 101712013 - 5 - 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 PA 213 as amended, compiled at MCL 129.201, at seq. Further, the COMMUNITY shall require the contractor to provide insurance naming the Road Commission for Oakland County as additional named insureds. 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 Aoreement: 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, Pontiac Trail at Decker Road - 7 - City of Walled Lake Project No, 52151 1017/2013 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, Owners Protective Public Liability Insurance. Such insurance shall provide coverage and liniits the same as the• Contractors 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 Ponliac Trail at Decker Road - 8 - City of Walled Lake Project No. 62151 1017/2013 Resolution #14014 January 22, 2014 The Vice-Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #14014) February 6, 2014 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2014 APPROPRIATION — CITY OF WALLED LAKE — IMPROVEMENT ON PONTIAC TRAIL AT DECKER ROAD- PROJECT NO. 52151 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 12, 2013, the Board of Commissioners approved Miscellaneous Resolution #13305 which designated $2,000,000 in fund balance for the Tr-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $78,661 is available in the General Fund Assigned Fund Balance for Tr-Party 2014 and prior funding (account #383510) for project 52151. 3. This project is for the resurfacing, ADA improvements and pedestrian signal upgrades on Pontiac Trail at Decker 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 2014 budget be amended as follows: General Fund #10100 Revenue 9010101-196030-665882 Planned Use of Fund Balance Total Revenues FY 2014 $78,661 $78,661 Expenditures 9010101-153010-740135 Road Commission Tr-Party Total Expenditures $78,661 $78,661 FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Quarles absent. Resolution #14014 February 6, 2014 Moved by Spisz supported by McGillivray the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted and appointments being confirmed). AYES: Dwyer, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (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 and appointments being confirmed). 3,-.---- t 0 a-7 _n(-- I HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO iVICL 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 February 6, 2014, 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 6th day of February 2014. #09Ye•ga Lisa Brown, Oakland County