HomeMy WebLinkAboutResolutions - 2021.02.18 - 34158MISCELLANEOUS RESOLUTION #21040 , February 18, 2021
BY: Commissioner Michael Gingell, District #1
IN RE: BOARD OF COMMISSIONERS —TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR
2021 APPROPRIATION — CITY OF AUBURN HILLS — TRAFFIC SIGNAL UPGRADE WORK AND
INSTALLATION OF A PEDISTRIAN CROSSING ON BALDWIN ROAD ADJACENT TO GREAT LAKES
CROSSING — PROJECT NO. 55911
To the Oakland County Board of Commissioners:
Chairperson, Ladies and Gentlemen:
WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-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 (RCOC); and
WHEREAS on December 7, 2020, the Board of Commissioners approved Miscellaneous Resolution
#20635 which designated $5,319,430 in fuiiu balance for the Tri-Party Road Improvement Program for
projects managed by the RCOC; and
WHEREAS the City of Auburn 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 one-third (1/3) share of the funding for the project in the City of
Auburn Hills and said appropriation has been transferred to a project account; and
WHEREAS the City of Auburn Hills has demonstrated that it has authorized its one-third (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 2021 authorized amount of Tri-Party
Road Improvement funding for Project No. 55911 in the City of Auburn Hills is $31,161; and
WHEREAS funding is available in the General Fund Assigned Fund Balance for Tri-Party 2021 and prior
funding (account #383510) for Project No. 55911 in the amount of $31,161.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
the project submitted by the City of Auburn Hills and authorizes the release of Tri-Party Road Improvement
Program funds from the Oakland County Assigned 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 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
Auburn Hills.
BE IT FURTHER RESOLVED the FY 2021 budget will be amended as follows:
GENERAL FUND (#10100)
FY 2021
Revenue
9010101-196030-665882
Planned Use of Balance
$31,161
Total Revenue
1 1 1
Expenditures
9010101-153010-740135
Road Commission Tri-Party
$31,161
Total Expenditures
31 161
Chairperson, I move the adoption of the foregoing Resolution.
Commissioner chael Ginger
District 91
ECONOMIC DEVELOPMENT AND INFRASTRUCTURE COMMITTEE VOTE:
Motion carried unanimously on a voice vote.
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Inter —Departmental Memorandum Naves -• none
PROGRAMMING DIVISION
DATE: November 24, 2020
To: Sam Fitzer, P.E., Director of Engineering
FROM: Thomas G. Noechel, Programming Supervisor`?—/-� Vj
SUBJECT: PROJECT NO. 55911, BALDWIN ROAD
ADJACENT TO GREAT LAKES CROSSING OUTLETS
LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM
CITY OF AUBURN HILLS
Attached for your review and submission to the Board for their approval is the local cost
participation agreement with the City of Auburn Hills for the traffic signal upgrade work
and installation of a pedestrian crossing on Baldwin Road adjacent to Great Lakes
Crossing Outlets. Construction on this project is expected to be completed this year.
The City of Auburn Hills has elected to use the Tri-Party Program to fund the estimated
total project cost of $93,483. Our share is estimated to be $31,161 and is in the FY21
budget.
The project is in the district of County Commissioner Michael J. Gingell. 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
SaroAzer, P.E.
Director of Engineering
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QUALM LIFE THROUGH GOOD ROADS: December 10, 2020
Rom COMMISSION FOR OARIAND COUNW
"we CARE."
Board of Road Commissioners
Ronald J. Fawkes Ms. Laura Pierce, Clerk
Commissioner City of Auburn Hills
Gregory C. Jamian 1827 N. Squirrel Road
Commissioner Auburn Hills, MI 48326-2753
Andrea LaLonde
Commissioner Re: Project No. 55911, Baldwin Road
Adjacent to Great Lakes Crossing Outlets
Dear Ms. Pierce:
Dennis G. Kolar, P.E.
Managing Director
A fully signed and executed agreement for the above -mentioned
Gary Piotrowicz, P.E., P.T..0.E.
is enclosed.
Deputy Managing Director
project
County Highway Engineer
The agreement was approved and subsequently signed by Dennis
G. Kolar, P.E., Managing Director at the regularly scheduled Board
meeting of Thursday, December 10, 2020.
Please contact Thomas G. Noechel, Programming Supervisor at
(248) 645-2000 ext. 2266 to answer questions or for additional
information.
Sincerely,
n
Clerk of the Board
Shannon J. Mi r
31001 Lahser Road Deputy -Secretary /Clerk of the Board
Beverly Hills, MI
48025 ism
248.645.2000 Enclosure
FAX cc: Finance Department
248.645.1349 Engineering Department
Programming Division
Lynn Sonkiss, Oakland County
www.rcocweb.org
COST PARTICIPATION AGREEMENT
CONSTRUCTION
Baldwin Road
Adjacent to Great Lakes Crossing Outlets
City of Auburn Hills
Board Project No. 55911
This Agreement, made and entered into this 10ty1 day of VeCeYV &P 2020,
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 Auburn Hills, hereinafter referred to as the
COMMUNITY, provides as follows:
WHEREAS, the BOARD and the COMMUNITY have programmed the traffic signal
upgrade work and installation of a pedestrian crossing on Baldwin Road adjacent to Great Lakes
Crossing Outlets, 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 $93,483; and
WHEREAS, said PROJECT involves certain designated and approved Tri-Party Program
funding in the amount of $93,483, 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 $93,483 shall be funded and invoiced in the
following order:
a. Tri-Party Program funding in the amount of $93,483.
b. Any PROJECT costs above the Tri-Party Program funding of $93,483 will be
funded first with any available Tri-Party Program funds. If no Tri-Party Program
funds are available, any PROJECT costs above $93,483 will be funded 100%
by the COMMUNITY.
6. Upon execution of this agreement, the COMMUNITY shall submit two invoices to
AiT-1 67,3 7�i
a. The first invoice shall be payable by the BOARD in the amount of $31,161
(being 100% of the BOARD's Tri-Party contribution).
b. The second invoice shall be payable by the COUNTY in the amount of $31,161
(being 100% of the COUNTY'S Tri-Party contribution).
Baldwin Road
City of Auburn Hills
Project No. 55911
9/29/2020
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.
Baldwin Road - 3 -
City of Auburn Hills
Project No. 55911
9/2912020
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 AUBURN HILLS
By
Its /"
Baldwin Road _ q _
City of Auburn Itills
Project No 55911
9/2912020
EXHIBIT A
TRI-PARTY PROGRAM
Baldwin Road
Adjacent to Great Lakes Crossing Outlets
City of Auburn Hills
Board Project No. 55911
Traffic signal upgrades and the installation of a pedestrian crossing on Baldwin Road
adjacent to Great Lakes Crossing Outlets.
ESTIMATED PROJECT COST
Contractor Payments
$93,483
COST PARTICIPATION BREAKDOWN
COMMUNITY COUNTY BOARD TOTAL
IFY2017 Tri-Party Program $31,161 $31,161 $31,161 $93,483
ITOTAL SHARES $31,161 $31,161 $31,161 $93,483
Baldwin Road _ $
City of Auburn Hills
Project No, 55911
9/29/2020
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,
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 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,
excavation, tunneling, pile driving, cofferdam work, or building moving or demolition; (2) products and
completed operations; (3) contractual liability; and (4) independent contractors coverage.
Baldwin Road - 7 -
city of Auburn Hills
Project No. 50911
9/29/2020
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
Each Person $500,000
Each Occurrence $1,000,000
Property Damage Liability:
Each Occurrence: $1,000,000
Single Limit: Bodily Injury and Property Damage Liability
Each Occurrence: $2,000,000
Such insurance shall include coverage for all owned, hired, and non -owned vehicles.
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.
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.
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
Baldwin Road - B -
City of Auburn Hills
Project No. 55911
912912020
Resolution #21040 February 18, 2021
Moved by Nelson seconded by Weipert the resolutions on the Consent Agenda be
adopted.
AYES: Charles, Gershenson, Hoffman, Jackson, Joliat, Kochenderfer, Kowall,
Kuhn, Long, Luebs, Markham, McGillivray, Miller, Moss, Nelson, Powell, Spisz,
Weipert, Woodward, Cavell. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda were
adopted.
Moved by Nelson seconded by Weipert MR #21047 be amended as follows:
Add all Commissioners as co-sponsors of the resoli,rtion.
A sufficient majority having voted in favor the amendment can i 3d.
" G LL.,-.
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 ,ertify that the foregoing
resolution is a true and accurate copy of a resolution adopted by the Oakland County
Board of Commissioners on February 18, 2021, 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 Circuit
Court at Pontiac, Michigan this 18th day of February 2021.
Lisa Brown, Oakland County