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HomeMy WebLinkAboutResolutions - 2015.01.29 - 21656Miscellaneous Resolution #15000 BY: Commissioner Bob Hoffman , District #2 RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2015 APPROPRIATION — VILLAGE OF HOLLY — CONSTRUCTION OF A NON-MOTORIZED PATHWAY ON GRANGE HALL ROAD - PROJECT NO. 52811 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 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 Village of Holly, 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 Village of Holly and said appropriation has been transferred to a project account; and WHEREAS the Village of Holly 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 2015 authorized amount of Tr-Party Road Improvement funding for Project 52811 in the Village of Holly is $14,000. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Village of Holly 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 Village of Holly. Chairperiscin, we moye tl,le adoption of the foregoing Resolution. ACE:=7R OA D COMMISSION for OAKLAND COUNTY QUALiTY LIPt THROUGH Goo° ROADS: !OAP COMM/5510N FOR OAKLAND COUNTY "WE CARE," December 11, 2014 Clerk of the Board Ms. Catherine Behrens Village Clerk Village of Holly 202 South Saginaw Street Holly, MI 48442-4211 Re: Grange Hall Road; Project No. 52811 Local Cost Participation Agreement Dear Ms. Behrens: A fully signed and executed agreement for the above-referenced project is enclosed. The agreement was approved at the regularly scheduled Board meeting of Thursday, December 11, 2014, and subsequently signed by Dennis G. Kolar, P.E., Managing Director. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645- 2000 ext. 2266 to answer any questions or for additional information. Sincerely, b)(4L Patricia Z. Wierzbicki Deputy Secretary-Clerk of the Board 9<aard of Road Commissioners Ronald J. Fowkes Commissioner Gregory C. Jamian Commissioner Eric S. Wilson Commissioner Dennis G. Kolar, P.E. Managing Director Gary Plotrowicr, 0.E. Deputy Managing Director County Highway Engineer 31001 Lahser Road Beverly Hills, MI 43025 248-645-2000 FAX 248-645-1349 /sm Enclosure CC Finance Department Engineering Department Programming Lynn Sankiss wwwroocweb.org 4Themas G. Blot, F.E. 76A--- Director of Engineering 100 YEARS OF TRANSPORTATION EXCELLENCE Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: November 21, 2014 To: Thomas G. Blust, P.E., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor —OM/1 SUBJECT: PROJECT NO, 52811, GRANGE HALL ROAD PATTERSON ELEMENTARY SCHOOL TO EAST OF NORTH HOLLY ROAD LOCAL COST PARTICIPATION AGREEMENT VILLAGE OF HOLLY Attached for your review and submission to the Board for their approval is the local cost participation agreement with the Village of Holly for the construction of a non-motorized pathway on Grange Hall Road from Patterson Elementary School to east of North Holly Road. This is a safety improvement to move the high number of pedestrians from the roadway. Construction on this project is expected to begin spring 2015. The Village of Holly has elected to use the Tr-Party Program to fund the estimated total project cost of $42,000. Our share is estimated to be $14,000 and is in the FY15 budget. The project is in the district of County Commissioner Robert Hoffman. 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 Recommendedjor Board Approval COST PARTICIPATION AGREEMENT CONSTRUCTION Grange Hall Road Patterson Elementary School to east of North Holly Road Village of Holly Board Project No, 52811 This Agreement, made and entered into this .Ait day of -b V4,4.4A Cat— , 2014, by and between the Board of Road Commissioners for the County of Oakland, Michigan, hereinafter referred to as the BOARD, and the Village of Holly, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD and the COMMUNITY have programmed the construction of a non-motorized pathway on Grange Hall Road from Patterson Elementary School to east of North Holly 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 $42,000; and WHEREAS, said PROJECT involves certain designated and approved Tr-Party Program funding in the amount of $42,000, 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 engineering, inspection, 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 $42,000 shall be funded in the following order: a. Tr-Party Program in the amount of $42,000. b. The COMMUNITY agrees that any PROJECT costs above the Tr-Party Program funding of $42,000 will be funded first with any available Tr-Party Program funds. If no Tr-Party Program funds are available, any PROJECT •costs above $42,000 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 $14,000 (being 100% of the BOARD's Tr-Party contribution). b. The second invoice shall be payable by the COUNTY in the amount of $14,000 (being 100% of the COUNTY'S Tr-Party contribution). Grange Hall Road - 2 - Village of I-foliy Project No. 52811 11/03/2014 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. Grange Hall Road -3-. Village ot Holly ProNot No. 52811 11/03/2014 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 VILLAGE OF HOLLY ref By Its Village President Grange Hall Road - 4 - Village of Holly Prolect No. 52811 1110312014 EXHIBIT A TR1-PARTY PROGRAM Grange Hall Road Patterson Elementary School to east of North Holly Road Village of Holly Board Project No. 52811 Construction of a non-motorized pathway on Grange Hall Road from Patterson Elementary School to east of North Holly Road. ESTIMATED PROJECT COST Contractor Payments $42,000 Total Estimated Project Cost $42,000 COST PARTICIPATION BREAKDOWN COMMUNITY COUNTY BOARD TOTAL FY2009 Tri-Party Program $8,455 $8,465 $8,454 $25,364 FY2010 Tr-Party Program $3,738 $3,738 . $3,739 $11,215 FY2011 Tr-Party Program $1,807 $1,807 $1,807 $5,421 TOTAL SHARES $14,000 $14,000 $14,000 $42,000 Grange Hall Road -5-, Village of Holly Project No. 62811 11/03/2014 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 pdyi 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, Grange Hall Road - 7 - Village of Holly Project No, 52811 1110312014 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 $5001000 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 Grange Hall Road - 8 - Village of Holly Project No, 52811 11/03/2014 Resolution #15000 January 14, 2015 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (M.R. #15000) January 29, 2015 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2015 APPROPRIATION — VILLAGE OF HOLLY — CONSTRUCTION OF A NON-MOTORIZED PATHWAY ON GRANGE HALL ROAD - PROJECT NO. 52811 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 11, 2014, the Board of Commissioners approved Miscellaneous Resolution #14295 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 $14,000 is available in the General Fund Assigned Fund Balance for Tr-Party 2015 and prior funding (account #383510) for project 52811. 3. This project is for the construction of a non-motorized pathway on Grange Hall Road from Patterson Elementary School to east of North Holly 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 2015 budget be amended as follows: General Fund #10100 FY 2015 Revenue 9010101-196030-665882 Planned Use of Balance $14,000 Total Revenues $14,000 Expenditures 9010101-153010-740135 Road Commission Tr-Party Total Expenditures $14,000 $14,000 FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Woodward and Quarles absent. Resolution #15000 January 29, 2015 Moved by Fleming supported by Quarles the resolutions (with fiscal notes attached) on the Consent Agenda be adopted. AYES: Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, KowaII, Long, Matis, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, 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. IMAM APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO NICL 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 January 29, 2015, 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 29 th day of January, 2015.