HomeMy WebLinkAboutResolutions - 2014.07.31 - 21428Miscellaneous 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 113 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 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 (113) 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.
WROAD CilWRIESJCW my for OAKLAND COUNTY=
100 YEARS OF TRANSPORTATION EXCELLENCE
Inter—Departmental Memorandum
PROGRAMMING DIVISION
DATE: June 13, 2014
To: Thomas G. Blust, RE., Director of Engineering
FROM: Thomas G. Noechel, Programming Supervisor -Eon
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.
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Attachments
Recommended for Board Approval
/--)J
Thomas G. Blust, RE.
Director of Engineering
C., r
COST PARTICIPATION AGREEMENT
CONSTRUCTION
Quarton Road
At Chesterfield Road
City of Bloomfield Hills
Board Project No, 52411
This Agreement, made and entered into this 21-4Ak day of ("Le-- , 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 wilting 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,
ii. 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
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.
Quarton Road
City of Bloomfield 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
Its City Manager
Quarton Road - 4 -
City of Bloornffeld HIIs
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
1
BIRMINGHAM I BLOOMFELD
HILLS COUNTY BOARD
,
TOTAL
FY06 Tr-Party Program $1,164 $0 $1,164 $1,165 $3,493
FY07 Tr-Party Program $4,288 $0 $4,287 $4,287 $12,862
FY08 Tr-Party Program $1,582 $0 $1,582 $1,581 $4,745
FY13 Tr-Party Program $0 $4,532 $4,532 $4,532 $13,596
FY14 Tri-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 "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.
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
Each Person:
Each Occurrence
Aggregate
or; Single Limit: Bodily Injury and Property Damage
Each Occurrence: $1,000,000
Aggregate: $2,000,000
$1,000,000
$1,000,000
$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. 62411
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.
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
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.
FY 2014
$14,066
$14,066
$14,066
$14,066
FISCAL NOTE (MISC. #14175) July 31, 2014
BY: Finance Committee, Tom Middleton, Chairperson
IN 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: 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 $14,066 is available in the General Fund Assigned Fund Balance for Tr-Party 2014
and prior funding (account #383510) for project 52411.
3. This project is for intersection improvements on Quarton Road at Chesterfield 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 Balance
Total Revenues
Expenditures
9010101-153010-740135 Road Commission Tr-Party
Total Expenditures
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Matis and Crawford absent.
Resolution #14175 July 31, 2014
Moved by Weipert supported by Quarles the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Long, Matis, McGillivray,
Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic,
Crawford. (20)
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).
cg/
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 July 31, 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 31 st day of July 2014.
Lisa Brown, Oakland County