HomeMy WebLinkAboutResolutions - 2017.02.15 - 22774MISCELLANEOUS RESOLUTION # 17027
BY: Commissioner Philip J. Weipert, District *8
IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2017 APPROPRIATION — CITY OF SOUTH LYON — INSTALLATION OF A TRAFFIC SIGNAL
AT PONTIAC TRAIL AND MARJORIE ANN STREET — PROJECT NO. 53591
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
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 South Lyon, 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 South
Lyon and said appropriation has been transferred to a project account; and
WHEREAS the City of South Lyon 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 2017 authorized amount of Tr-
Party Road Improvement funding for Project No. 53591 in the City of South Lyon is $12,578.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the project submitted by the City of South Lyon 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
South Lyon.
Chairperson, I move the adoption of the foregoing Resolution.
V, -------
Commissioner Philip Weipert
\J District *8
Quality Life through Good Roads "We Care"
=Arempfitio Caliviwv_svictiv
Inter—Departmental Memorandum
PROGRAMMING DIVISION
DATE: November 1, 2016
To: Thomas G. Blust, RE., Director of Engineering
FROM: Thomas G. Noechel, Programming Supervisor -724i
SUBJECT: PROJECT NO. 53591, PONTIAC TRAIL
AT MARJORIE ANN STREET
LOCAL COST PARTICIPATION AGREEMENT/I -RI-PARTY PROGRAM
CITY OF SOUTH LYON
Attached for your review and submission to the Board for their approval is the local cost
participation agreement with the City of South Lyon for the installation of a traffic signal
at Pontiac Trail and Marjorie Ann Street. This project was completed this summer.
The City of South Lyon has elected to use the Tr-Party Program to fund the total project
cost of $37,733. Our total estimated share is $12,578 and is in the FY17 budget.
The project is in the district of County Commissioner Philip J. Weipert, 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
Thomas G. Blust,
Director of Engineering
C
=ROAD CONN/WON
QUALiTY LFE THROUGH GOOD ROADS:
DAD COMMISSION FOR OAKLAND COUNTY
WE CARE."
November 10, 2016
Ms. Lisa Deaton, Clerk/Treasurer
City of South Lyon
335 South Warren
South Lyon, MI 48178
Re: PONTIAC TRAIL AT MARJORIE ANN STREET
PROJECT NO. 53591
Dear Ms. Deaton:
A fully signed and executed agreement for the above mentioned project is
enclosed.
The agreement was approved and subsequently signed by Dennis G.
Kolar, P.E., Managing Director at the regularly scheduled Board meeting of
Thursday, November 10, 2016.
Board of Road Commissioners
Ronald J. Fowkes
Commissioner
Gregory C. Jarnian
Commissioner
Eric S. Wilson
Commissioner
Dennis G. Kolar, P.E.
Managing Director
Gary Piotrowicz, P.E, P. TOE
Deputy Managing Director
County Highway Engineer
Please contact Thomas G. Noechel, Programming Supervisor at (248)
645-2000 ext. 2266 to answer questions or for additional information.
Sincerely,
•
Shannon J. kller
Deputy-Secretary /Clerk of the Board
31001 Lahser Road
Beverly Hills, MI
48025
lsm
Enclosure
248-645-2000
FAX
248-645-0452
TOD
248-645-9923
www.rcocwab.org
cc: Dennis Lockhart
Engineering Department
Programming Division
Lynn Sonkiss, Oakland County
COST PARTICIPATION AGREEMENT
CONSTRUCTION
Pontiac Trail
At Marjorie Ann Street
City of South Lyon
Board Project No. 53591
This Agreement, made and entered into this U)441 day of Itali2Jrnb2y- , 2016,
by and between the Board of County Road Commissioners of the County of Oakland, Michigan,
hereinafter referred to as the BOARD, and the City of South Lyon, hereinafter referred to as the
COMMUNITY, provides as follows:
WHEREAS, the BOARD and the COMMUNITY have programmed the traffic signal
installation on Pontiac Trail at Marjorie Ann Street, 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 $37,733; and
WHEREAS, said PROJECT involves certain designated and approved Tr-Party Program
funding in the amount of $37,733, 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 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 $37,733 shall be funded in the following
order:
a. Tr-Party Program in the amount of $37,733.
b. The COMMUNITY agrees that any PROJECT costs above the Tr-Party
Program funding of $37,733 will be funded first with any available Tr-Party
Program funds. If no Tr-Party Program funds are available, any PROJECT
costs above $37,733 will be shared equally between the BOARD and 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 $12,578
(being 100% of the BOARD's Tr-Party contribution).
b. The second invoice shall be payable by the COUNTY in the amount of
$12,578 (being 100% of the COUNTY'S Tr-Party contribution).
Pontiac Trail - 2 -
City of South Lyon
Project No. 53591
10(14/2016
c. The invoices shall be sent to:
Ms. Julie Enders, Engineering Aide
Road Commission for Oakland County
31001 Lahser Road
Beverly Hills, Ml 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 - 3 -
City of Sot ) Lyon
Project No. 53591
19/14/2016
By
fr tt Lve_ Its
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
CITY OF SOUTH LYON
Pontiac Trail - 4 -
City of South Lyon
Project No. 53591
10/14/2016
EXHIBIT A
TRI-PARTY PROGRAM
Pontiac Trail
At Marjorie Ann Street
City of South Lyon
Board Project No. 53591
Installation of traffic signal at Pontiac Trail and Marjorie Ann Street.
ESTIMATED PROJECT COST
Preliminary Engineering $4,400
Construction $33,333
Total Estimated Project Cost $37,733
COST PARTICIPATION BREAKDOWN
COMMUNITY COUNTY BOARD TOTAL
FY2014 Tr-Party Program $7,502 $7,502 $7,502 $22,506
FY2015 Tr-Party Program $5,075 $5,076 $5,076 $15,227
TOTAL SHARES $12,577 $12,578 $12,578 $37,733
Pontiac TraH
City of South Lyon
Project No. 53591
10114/2016
-
-5- 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 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 Coveraoe: 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 $t000,000 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 - 7 - City of South Lyon
Project No. 53591
10/14/2016
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
Pontiac TraFf - 8 - City of South Lyon
Project No. 53591
1011412016
Resolution #17027 January 26, 2017
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #17027) February 15, 2017
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR
2017 APPROPRIATION — CITY OF SOUTH LYON — INSTALLATION OF A TRAFFIC SIGNAL AT PONTIAC
TRAIL AND MARJORIE ANN STREET — PROJECT NO. 53591
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 8, 2016, the Board of Commissioners approved Miscellaneous Resolution #16324
which assigned $4,086,500 in fund balance for the Tr-Party Road Improvement Program for projects
managed by the Road Commission for Oakland County (RCOC).
2. Funding of $12,578 is available in the General Fund Assigned Fund Balance for Tr-Party 2017 and
prior funding (account #383510) for project 53591.
3. This project is for the installation of traffic signal at Pontiac Trail and Marjorie Ann Street.
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 2017 budget be amended as follows:
GENERAL FUND #10100
FY 2017
Revenue
9010101-196030-665882
Planned Use of Balance
Total Revenues
$12,578
$12,578
Expenditures
90101 01-1 53010-740135 Road Commission Tr-Party $12,578
Total Expenditures $1
Commissioner Thomas Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Bowman absent.
Resolution #17027 February 15, 2017
Moved by Fleming supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer,
KowaII, Long, McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack,
Berman, Bowman. (21)
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).
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY XECUT•V•
ACTING PURSUANT TO NICL
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 15,
2017, 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 l5 of February, 2017.
Lisa Brown, Oakland County