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HomeMy WebLinkAboutResolutions - 2014.07.16 - 21419Miscellaneous Resolution # 14175 BY: Commissioner Shelley Goodman Taub, District #12 RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2014 APPROPRIATION — CITY OF BLOOMFIELD HILLS — INTERSECTION IMPROVEMENTS ON QUARTON ROAD AT CHESTERFIELD ROAD - PROJECT NO. 52411 TO: 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 113 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 Bloomfield Hills, 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 Bloomfield Hills and said appropriation has been transferred to a project account; and WHEREAS the City of Bloomfield Hills 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 52411 in the City of Bloomfield Hills is $14,066. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Bloomfield Hills 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 City of Bloomfield Hills. Chairperson, we move the adoption of the foregoing Resolution. Shelley Goodm b, District #12 MIEMILIWROAD COMIXIMW 100 YEARS OF TRANSPORTATION EXCELLENCE Inter-Departmental Memorandum PROGRAMMING DIVISION DATE: June 13,2014 To: Thomas G. Blust, P.E., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor -TEM SUBJECT: PROJECT NO. 52411, QUARTON ROAD AT CHESTERFIELD ROAD LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM CITY OF BLOOMFIELD HILLS Attached for your review and submission to the Board for their approval is the local cost participation agreement with the City of Bloomfield Hills for the intersection improvements on Quarton Road at Chesterfield Road. This project is located on the border of the City of Bloomfield Hills and the City of Birmingham. Construction on this project is expected to begin this summer. The estimated total cost is $475,000 and will be partially funded with Roads and Risks Reserve Funds in the amount of $432,800. The remaining local match of $42,200 will be shared equally between the two communities. The City of Bloomfield Hills has elected to use the Tr-Party Program to fund their $21,100 share. Our total share is estimated to be $14,066 and is in the FY14 budget. The project is in the district of County Commissioner Shelly Goodman Taub. 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 C Oh LOC COST PARTICIPATION AGREEMENT CONSTRUCTION Quarton Road At Chesterfield Road City of Bloomfield Hills Board Project No. 52411 This Agreement, made and entered into this 1-64Ak day of 3 , 2014, by and between the Board of Road Commissioners for the County of Oakland, Michigan, hereinafter referred to as the BOARD, and the City of Bloomfield Hills, hereinafter referred to as BLOOMFIELD HILLS, provides as follows: WHEREAS, the BOARD, BLOOMFIELD HILLS, and the City of Birmingham, hereinafter referred to as BIRMINGHAM, in cooperation with the Michigan Department of Transportation, hereinafter referred to as MDOT, have programmed the intersection improvements on Quarton Road at Chesterfield Road, as described in Exhibit "A", attached hereto, and made a part hereof, which improvements involve roads under the jurisdiction of the BOARD and within BIRMINGHAM and BLOOMFIELD HILLS, which improvements are hereinafter referred to as the PROJECT; and WHEREAS, the estimated total cost of the PROJECT is $475,000; and WHEREAS, BIRMINGHAM will enter into a contract with MDOT for partial funding of the PROJECT with federal program dollars under the Roads and Risks Reserve Fund in the amount of $432,800; and WHEREAS, BIRMINGHAM, as the requesting party therein, will be the party financially responsible to MDOT to bear all costs of the PROJECT in excess of federal funds, hereinafter referred to as the LOCAL MATCH; and WHEREAS, BLOOMFIELD HILLS' share of said LOCAL MATCH involves certain designated and approved Tr-Party Program funding in the amount of $21,100, which shall be paid through equal contributions by the BOARD, BLOOMFIELD HILLS, and the Oakland County Board of Commissioners, hereinafter referred to as the COUNTY; and WHEREAS, all the parties hereto have reached a mutual understanding regarding the cost sharing for the LOCAL MATCH 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 BIRMINGHAM, BLOOMFIELD HILLS, and the BOARD that: 1. BIRMINGHAM 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 PROJECT shall include preliminary engineering, construction engineering, and total payments to the contractor. 3. BIRMINGHAM shall comply with the provisions as set forth in Exhibit "B" and Exhibit "C" attached hereto. 4. The estimated total LOCAL MATCH is $42,200 and shall be funded in the following order: a. Tr-Party Program funding as follows: i. BIRMINGHAM has agreed to contribute $21,100 and will fund their share from the Tr-Party Program. BLOOMFIELD HILLS has agreed to contribute $21,100 and will fund their share from the Tr-Party Program. b. Any LOCAL MATCH above BIRMINGHAM'S Tr-Party Program funding of $21,100 and BLOOMFIELD HILLS' Tr-Party Program funding of $21,100 will be funded first with any available Tr-Party Program funds. If no Tri-Party Program funds are available, any LOCAL MATCH costs above $42,200 will be shared by BIRMINGHAM and BLOOMFIELD HILLS. Quarton Road - 2 - City of Bloomfield Hills Project No. 52411 6/13/2014 5. Upon execution of this agreement, BLOOMFIELD HILLS shall submit two invoices to the BOARD: a. The first invoice shall be payable by the BOARD in the amount of $7,033 (being 100% of the BOARD'S Tr-Party contribution). b. The second invoice shall be payable by the COUNTY in the amount of $7,033 (being 100% of the COUNTY'S Tr-Party contribution). c. The invoices shall be sent to: Julie Enders, Engineering Aide Road Commission for Oakland County 31001 Lahser Road Beverly Hills, MI 48025 6. Within 90 days of completion of the PROJECT, BIRMINGHAM shall submit to the BOARD the following: a. A cover letter originated by BIRMINGHAM 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. 7. The BOARD shall execute a separate Cost Participation Agreement with BIRMINGHAM for their share of the estimated total PROJECT cost. Quarter) Road - 3 - City of Bloornfield Hills Project No. 52411 6/13/2014 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 BLOOMFIELD HILLS By Its City Manager Quatton Road - 4 - City of Bloomfield Hills Project No. 52411 4/3/2014 EXHIBIT A TRI-PARTY PROGRAM Quarton Road At Chesterfield Road City of Birmingham/City of Bloomfield Hills Board Project No. 52411 Intersection improvements on Quarton Road at Chesterfield Road. ESTIMATED PROJECT COST Preliminary Engineering Construction Engineering Contractor Payments Less State Funds Total Estimated Local Share $38,000 $57,000 $380,000 $432,800 $42,200 COST PARTICIPATION BREAKDOWN BIRMINGHAM BLOOMFIELD HILLS COUNTY BOARD TOTAL FY06 Tr-Party Program $1,164 $0 $1,164 $1,165 $3,493 FY07 Tr-Party Program $4,288 $4,287 $4,287 $12,862 FY08 Tr -Party Program $1,582 $0 $1,582 $1,581 $4,745 FY13 Tr-Party Program $4,532 $4,532 $4,532 $13,596 FY14 Tr-Party Program $0 $2,502 $2,501 $2,501 $7,504 TOTAL SHARES $7,034 $7,034 _ $14,066 $14,066 $42,200 Quarton Road - 5 - City of Bloomfield Hills Project No. 52411 6/13/2014 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 '`CP, 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. Quarton Road - 6 - City of Bloomfield Hills Project No. 52411 6/13/2014 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, Quarton Road - 7 - City of Bloomfield Hills Project No. 52411 6/13/2014 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. 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 Quarton Road - 8 - City of Bloomfield Hills Project No, 52411 6/13/2014 Resolution #14175 July 16, 2014 The Chairperson referred the resolution to the Finance Committee. There were no objections.