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HomeMy WebLinkAboutResolutions - 2025.03.06 - 41901 AGENDA ITEM: Access to Transit Award Recommendations DEPARTMENT: Economic Development - Oakland County Transit Division MEETING: Board of Commissioners DATE: Thursday, March 6, 2025 6:00 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2025-4899 Motion to approve the disbursement of Access to Transit Grant funds for the projects detailed in the attached Schedule B – Project Summaries and Grant Awards for an amount not to exceed $777,500; further, approve the template Interlocal Agreement, which was developed with Corporation Counsel; further, authorize the Chair of the Board of Commissioners to sign the agreements. ITEM CATEGORY SPONSORED BY Interlocal Agreement Brendan Johnson INTRODUCTION AND BACKGROUND On September 19, 2024, the Board of Commissioners adopted Resolution #2024-4427_24-69 to authorize a one-time appropriation of $2 million from the County’s Public Transportation Millage Fund Balance Account for the purpose of establishing the 2024 Access to Transit Program to support projects that improve access to transit services provided by SMART, NOTA, OPC, People’s Express, and WOTA. Program details can be found at the following link: https://www.oakgov.com/community/oakland-county-access-to-transit-program. Program announcements were sent via email to elected officials, community staff, transit supporters, transit providers, and walking/biking advocates. On September 30, a webinar was held to provide a program overview and answer any questions that prospective applicants may have. Applications were accepted between September 30 - November 8, 2024. A total of ten applications were received requesting $2,353,372 in grant funds. A selection committee comprised of Oakland County Transit Division, Oakland County Planning Division, NOTA (representing local transit providers), SMART, MDOT, and RCOC scored the applications according to the Project Selection Criteria as outlined in the Program Guide. The total possible score was 540. The scores of the ten applications ranged from 232 to 466. Using the scores and feedback provided by the selection committee, the following eight projects, which scored 300 or above, are being recommended to the Board of Commissioners for award: 1. City of Beverly Hills: $30,000 to conduct an engineering study to determine the appropriate intersection design including enhanced crosswalks, sidewalks, and transit stop location at the intersection of Southfield Road and Beverly Road. 2. City of Birmingham: $120,000 to install new ADA-compliant transit shelters, access paths, and related amenities at four locations throughout the city. 3. City of Clawson: $20,000 for conceptual design of a road diet on Main Street between 14 Mile Road and Phillips Avenue/Roth Boulevard. 4. City of Farmington: $80,000 to construct missing segments of sidewalk, ADA-compliant key walks, and waiting areas with benches at four bus stops throughout the city. 5. City of Oak Park: $148,800 for the implementation of citywide wayfinding signage to assist pedestrians with first-/last-mile navigation to key destinations in the city. (postponed) 6. City of Pontiac: $662,872 to construct missing segments of sidewalk along Giddings Road between Walton Boulevard and Perry Street to improve access to adjacent transit stops. (postponed) 7. City of Rochester Hills: $427,500 to construct missing segments of sidewalk along Adams Road between Leach Road and Auburn Road to improve access to adjacent transit stops and key destinations. 8. City of Southfield: $100,000 for preliminary engineering to design a pedestrian bridge and improve access to adjacent transit stops on 9 Mile Road at M-10/M-39. (This will also complete a segment of the Nine Mile Corridor Urban Trail.) The total budget for the eight projects is $1,820,747, with Oakland County providing $1,589,172 and the communities contributing $231,575. All the communities are required to provide a minimum 20 percent in local match funds unless a waiver was requested. The City of Pontiac requested a local match waiver. The Michigan State Housing Development Authority (MSHDA) developed a list of Eligible Distressed Areas based on population loss, property values, poverty rate, and unemployment rate. This was used determine which communities in Oakland County qualify for a local match waiver. The list and criteria are available at the following link: https://www.michigan.gov/mshda/- /media/Project/Websites/mshda/about/reports/Eligible-Distressed-Areas- List_2024.pdf?rev=dc5d08db0df7406abf4086ab49bac571&hash=5CE5FAC6207C4BC3FD1A8BC3 3AF54564. Grant funds were also requested for the following projects. However, based on the scores and proposed scope of work, the selection committee does not recommend the following projects to be awarded because they would make little to no improvement to transit access: • City of Bingham Farms: $388,000 for sharrows (shared lane markings) and signage on Bingham Road and the conversion of Timber Trail Road into a non-motorized pathway. • Independence Township: $225,000 for the demolition of a former barber shop to construct a mobility hub on Dixie Highway. • City of Southfield requested additional funding for construction engineering for the project on 9 Mile Road (project number 8 above), but the selection committee recommends only funding the preliminary engineering phase at this time. Upon approval by the Board of Commissioners, the Oakland County Transit Division will notify each community that applied of their award or non-award and provide instructions regarding executing an interlocal agreement, disbursement of funds, and reporting requirements. The Transit Division will provide the Board of Commissioners with regular updates on each of the awarded projects as they progress. POLICY ANALYSIS Access to Transit is a $2 million competitive program for cities, villages, and townships within Oakland County to fund capital improvement projects that will improve safe access to SMART, NOTA, WOTA, OPC, and PEX services for riders. It provides several benefits for local municipalities, transit riders, and the regional transit system, including improving a community’s economic vitality and attracting and/or retaining businesses. Funds are limited and a total of ten applications were received requesting $2,353,372 in grant funds; not all applicants were funded. At the February 11, 2025 Transit Ad Hoc Committee meeting, the Committee voted unanimously to postpone the vote on two of the projects so further discussion may take place. These two projects were: • City of Oak Park: $148,800 for the implementation of citywide wayfinding signage to assist pedestrians with first-/last-mile navigation to key destinations in the city. • City of Pontiac: $662,872 to construct missing segments of sidewalk along Giddings Road between Walton Boulevard and Perry Street to improve access to adjacent transit stops. BUDGET AMENDMENT REQUIRED: No Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at 248.821.3065 or winterb@oakgov.com or the department contact persons listed for additional information. CONTACT Eli Cooper, Manager Transit ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 3/6/2025 AGENDA DEADLINE: 03/16/2025 6:00 PM ATTACHMENTS 1. 2025-02-12 Schedule B - Project Summaries and Grant Awards 2. 2025-02-11 Interlocal Agreement Template 3. 2025-02-12 Summary of Applications Received COMMITTEE TRACKING 2025-02-11 Oakland County Transit - Recommend to Economic Development & Infrastructure 2025-02-26 Economic Development & Infrastructure - Recommend to Board 2025-03-06 Full Board - Adopt Motioned by: Commissioner Robert Hoffman Seconded by: Commissioner Angela Powell Yes: David Woodward, Michael Spisz, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ann Erickson Gault, Robert Smiley (17) No: None (0) Abstain: None (0) Absent: Michael Gingell (1) Passed Oakland County, Michigan Economic Development Transit Division - 2024 Access to Transit Program Schedule B - Project Summaries and Grant Awards Project #Community AT2401 Beverly Hills AT2402 Birmingham AT2403 Clawson AT2404 Farmington AT2407 Rochester Hills AT2408 Southfield Project Description Total Project Cost Study to determine appropriate design for intersection of Southfield Rd & Beverly Rd $37,500.00 Shelters and other amenities at 4 bus stops throughout the city $150,000.00 Road diet design for Main St corridor between 14 Mile Rd and Phillips Ave/Roth Blvd $25,000.00 Sidewalk reconstruction, keywalk construction, and waiting areas with benches at 4 bus stops throughout the city $100,000.00 Non-motorized pathways along Adams Rd and Forester Blvd between Old Adams Rd and the Clinton River Trail $534,375.00 Non-motorized pathway bridge on 9 Mile Rd over M-10/M-39 (part of Nine Mile Corridor Urban Trail)$125,000.00 $971,875.00 Oakland County, Michigan Economic Development Transit Division - 2024 Access to Transit Program Schedule B - Project Summaries and Grant Awards Oakland County Grant Award Payments Local Match % Local Match Initial Grant Award Payment (50%) Final Grant Award Payment (50%) $7,500.00 20%$15,000.00 $15,000.00 $30,000.00 20%$60,000.00 $60,000.00 $5,000.00 20%$10,000.00 $10,000.00 $20,000.00 20%$40,000.00 $40,000.00 $106,875.00 20%$213,750.00 $213,750.00 $25,000.00 20%$50,000.00 $50,000.00 $194,375.00 TOTAL $777,500.00 Oakland County, Michigan Economic Development Transit Division - 2024 Access to Transit Program Schedule B - Project Summaries and Grant Awards Page 1 of 13 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT Access to Transit Program Interlocal Agreement Between Oakland County and [Public Body ] This Agreement (the “Agreement”) is made between Oakland County, a Municipal and Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 (“County”), and the Public Body indicated below (“Public Body”). County and Public Body may be referred to individually as a “Party” and jointly as “Parties”. Purpose of Agreement The purpose of this Agreement is to provide funding to Public Body in exchange for the work to be performed by Public Body for the below named project. The Parties agree to the terms and conditions set forth in this Agreement. Project Number: Public Body Name: Project Title (“Project”): Grant Award (“Grant Award”): Match Amount (“Match Amount”): Total Project Amount: First Grant Award Payment Amount: Final Grant Award Payment Amount: Effective Date: [the date the last Party to this Agreement signs the Agreement] End Date: [anticipated project end date included in application] By signing this Agreement, the below individuals certify they are authorized to sign this Agreement on behalf of their organization and the Parties will fulfill the terms of this Agreement, including any attached Exhibits. COUNTY OF OAKLAND: By:_________________________________________ David T. Woodward Chairperson, Board of Commissioners [Date] PUBLIC BODY: By:_______________________________________ [Name] [Title], [Organization] [Date] Page 2 of 13 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT 1. Agreement Execution: Public Body is required to sign the Agreement and return it to the County within sixty (60) calendar days of the date the Agreement is sent to Public Body. If not, the County may cancel this Agreement and the monies allocated under this Agreement may be issue d to another entity, in the County’s sole discretion. 2. Contact Information: This Agreement shall be administered on behalf of the County by the Department of Economic Development – Transit Division. All notices, reports, documents, requests, actions, or other communications required between the County and Public Body shall be submitted to the contacts identified below. By written notice, the Parties may designate a different contact with correlating information. 2.1 Public Body Contact: 2.1.1 Public Body: 2.1.2 Name and Title: 2.1.3 Address: 2.1.4 Telephone Number: 2.1.5 E-Mail Address: 2.2 County Contact: 2.2.1 Name and Title: Eli Cooper, Transit Manager 2.2.2 Address: 2100 Pontiac Lake Road, Bldg 41 West, Waterford, MI 48328 2.2.3 Telephone Number: 248-975-9876 2.2.4 E-Mail Address: cooperel@oakgov.com 3. Project Period: 3.1 Public Body shall complete the Project Scope of Work as set forth and described in Exhibit A within the Project Period. Exhibit A is incorporated as part of this Agreement. 3.2 As defined in this Agreement, “Project Period” means the period of time beginning on the Effective Date and ending on the End Date listed on page 1 of this Agreement. 4. Public Body ’s Responsibilities : 4.1 Public Body’s Match Amount requirements are detailed in the Project Budget Exhibit B, which is incorporated as part of this Agreement. 4.2 Public Body shall invoice the County for the First Grant Award Payment Amount as listed on page 1 of this Agreement after this Agreement is executed. 4.3 Public Body shall submit to the County Status Reports as provided in Exhibit C, which is incorporated as part of this Agreement. 4.4 Prior to submitting an invoice to the County for payment of the Final Grant Award Amount as listed on page 1 , Public Body shall contribute the entire Match Amount listed on page 1 and shall submit to the County a Final Report as provided in Exhibit C, which is incorporated as part of this Agreement, by the Agreement End Date or within sixty (60) days of final project completion, whichever date is sooner. 4.5 Public Body shall respond to and be responsible for Freedom of Information Act requests relating to Public Body’s records, data, or other information. 4.6 Public Body must comply with any other reporting requirements regarding the Grant Award and/or this Agreement, as determined by the County. 4.7 Public Body may only use Grant Award for purposes consistent with those specified by the Public Body in its approved Project Scope of Work (Exhibit A) and Project Budget (Exhibit B). 4.8 Any cost overruns incurred to complete the Project shall be the sole responsibility of the Public Body. Page 3 of 13 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT 5. County’s Responibilities : 5.1 The County shall disburse the First Grant Award Payment Amount as listed on page 1 of this Agreement within thirty (30) calendar days of receiving the invoice from the Public Body. 5.2 Within thirty (30) calendar days of the County receiving the Final Report (Exhibit C) from the Public Body, the County will make a determination of Project completion, which may include an on-site inspection and an audit. If the County determines Public Body has satisfactorily completed the Project Scope of Work (Exhibit A), the County shall request an invoice from the Public Body for the Final Grant Award Amount as listed on page 1. 5.3 The County reserves the right to request additional information necessary to substantiate payments. 5.4 The County shall disburse the Final Grant Award Amount as listed on page 1 to the Public Body within thirty (30) calendar days of receiving the invoice from the Public Body. 5.5 The County shall not pay any portion of the Grant Award directly to a contractor or subcontractor. Grant Award shall only be paid to the Public Body. 5.6 Upon issuance of final payment from the County, Public Body releases the County of all Claims against the County arising under this Agreement. Unless otherwise provided in this Agreement or by State law, final payment under this Agreement shall not constitute a waiver of the County’s Claims against Public Body. 6. Public Body Assurances: 6.1 Public Body affirms that all representations made to the County in connection with its application and this grant were accurate, truthful, and complete and remain so. Public Body acknowledges that all representations and information provided have been relied on by the County to provide the Grant Award under this Agreement. Public Body shall promptly notify the County, in writing, of the occurrence of any event or any material change in circumstances which would make any Public Body representation or information untrue or incorrect or otherwise impair Public Body’s ability to fulfill its obligations under this Agreement. 6.2 Public Body shall comply with all applicable local, State, and Federal laws, rules, ordinances, and regulations in the performance of this Agreement, including but not limited to construction of the Project according to the Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990)R and any other barrier free regulations and rules. 6.3 Public Body shall obtain all necessary local, County, and/or State permits, licenses, inspections, and approvals for construction and maintenance of the Project. This Agreement shall not be construed to obligate the County or any other governmental entity to issue any permit or license required for the Project. Public Body shall solely determine what permits or licenses are required for the Project, secure the needed permits or licenses, and remain in compliance with such permits or licenses. Public Body sh all retain a copy of all permits and licenses and make them available to the County upon request. 6.4 Public Body shall either: 6.4.1 have control of the real property upon which the Project is located through fee simple title, lease, or other recorded interest; or Page 4 of 13 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT 6.4.2 have written documentation from the road agency confirming its willingness to allow Public Body to complete construct ion of the Project in its road right-of-way and maintain the Project. 6.5 Public Body shall abide by all State and Federal threatened and endangered species regulations when completing the Project Scope of Work (Exhibit A). 6.6 Public Body shall not discriminate against an employee or an applicant for employment in hiring, any terms and conditions of employment or matters related to employment regardless of race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, genetic information, height, weight, disability, veteran status, familial status, marital status or any other reason, that is unrelated to the person’s ability to perform the duties of a particular job or position, in accordance with applicable Federal and State laws. Public Body further agrees that any subcontract shall contain non-discrimination provisions, which are not less stringent than this provision and binding upon all subcontractors. A breach of this covenant shall be regarded as material breach of this Agreement. 6.7 Public Body shall ensure any contractor or sub-contractor performing work in the Project Scope of Work (Exhibit A) complies with the requirements of the Davis Bacon Act / Michigan Prevailing Wage Act. 6.8 Public Body shall require that no individual be denied access to the Project or Project activities on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, genetic information, height, weight, disability, veteran status, familial status, or marital status. 6.9 Public Body is solely responsible for all activities performed under this Agreement and for the construction and maintenance of the Project. Public Body shall be the sole point of contact regarding contractual matters for the Project, including payment of all charges resulting from the Project. 6.10 Public Body shall require all contractors and subcontractors constructing or performing the Project to comply with this Agreement. 6.11 Public Body shall ensure all contractors and subcontractors constructing and performing the Project are qualified to perform such work. 6.12 Public Body shall be solely responsible for the operation, maintenance, and repair of the Project subject to this Agreement. 6.13 All records related to the Project must be maintained for a minimum of five (5) years after the final payment has been issued to Public Body by the County. 6.14 Public Body shall install an Oakland Transit recognition plaque at the Project site stating that the Project or a portion of the Project was paid for with monies provided by the Oakland County Public Transportation millage. The County, at its sole cost, shall provide the recognition plaque to Public Body. The recognition plaque shall remain at the Project site for a minimum of five (5) years. 7. Setoff or Retention of Funds: 7.1 Public Body shall expend the entire Grant Award under this Agreement by the End Date. Any portion of the Grant Award not used by that date shall be returned to the County. 7.2 In any case where Public Body is required to return an amount of money to the County under this Agreement, Public Body agrees that unless expressly prohibited by law, the County or the Oakland County Treasurer, at their sole option, shall be entitled to set Page 5 of 13 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT off from any other Public Body funds that are in the County's possession for any reason, including but not limited to, the Oakland County Delinquent Tax Revolving Fund ("DTRF"), if applicable. Any setoff or retention of funds by the County shall be deemed a voluntary assignment of the amount by Public Body to the County. Public Body waives any Claims against the County or its officials for any acts related specifically to the County's offsetting or retaining of such amounts. This paragraph shall not limit Public Body's legal right to dispute whether the underlying amount retained by the County was actually due and owing under this Agreement. 7.3 Nothing in this Section shall operate to limit the County’s right to pursue or exercise any other legal rights or remedies under this Agreement or at law against Public Body to secure payment of amounts due to the County should the Grant Award not be used by the End Date. The remedies in this Section shall be available to the County on an ongoing and successive basis if Public Body becomes delinquent in its repayment of unused Grant Award. Notwithstanding any other term and condition in this Agreement, if the County pursues any legal action in any court to secure its repayment of unused Grant Award under this Agreement, Public Body agrees to pay all costs and expenses, including attorney fees and court costs, incurred by the County in the collection of any amount owed by Public Body. 8. Liability: 8.1 The County is not liable or required to operate, maintain, or contribute to the operation or maintenance of the Project or any associated Project activities. 8.2 As used in this Agreement, “Claims” mean any alleged losses, claims, complaints, demands for relief or damages, lawsuits, causes of action, proceedings, judgments, deficiencies, liabilities, penalties, litigation, costs, or expenses including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or other amounts or liabilities of any kind which are incurred by or asserted against a Party, or for which a Party may become legally and/or contractually obligated to pay or defend against, whether direct, indirect, or consequential, whether based upon any alleged violation of the Federal or the State constitution, any Federal or State statute, rule, regulation, or any alleged violation of Federal or State common law, whether commenced or threatened. 8.3 Public Body shall defend any Claim brought against either Party that involves the Project, involves associated Project activities, or that involves title, ownership, or other rights to the real property upon which the Project is located. 8.4 Public Body is responsible for all Claims arising under or in any manner related to the Agreement, the activities authorized by Agreement, or the use and occupancy of the Project. 8.5 Performance of this Agreement is a governmental service and function. This Agreement does not, and is not intended to, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of governmental immunity of either Party. 9. Insurance: 9.1 Public Body shall acquire and maintain insurance or a program of self-insurance, which Public Body deems necessary, to protect it from liability related to construction and/or Page 6 of 13 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT operation of the Project. The County shall not obtain any insurance or provide any self- insurance for construction and/or operation of the Project. 9.2 Prior to the Public Body entering into a contract to complete the Project Scope of Work (Exhibit A), any contractor for the Project shall produce evidence satisfactory to the County that it maintains insurance coverage in types and amounts defined in Exhibit D and naming the County as an additional insured thereon. 10. Audit and Access to Records: The County reserves the right to conduct programmatic and financial audits of the Project and may withhold payment until the audit is satisfactorily completed. Public Body shall maintain all pertinent records and evidence pertaining to this Agreement, including Grant Award and Match Amount, in accordance with generally accepted accounting principles and other procedures specified by the County. The County or any of its duly authorized representatives must have access, upon reasonable notice, to such books, records, documents, and other evidence for the purpose of inspection, audit, and copying. Public Body shall provide proper facilities for such access and inspection. All records must be maintained for a minimum of five (5) years after the final payment has been issued to Public Body by the County. 11. Termination: 11.1 Failure by Public Body to comply with any provision of this Agreement shall be a material breach of this Agreement. Upon breach of the Agreement by Public Body, the County may, in addition to any other remedy provided by law: 11.1.1 Terminate this Agreement; 11.1.2 Withhold and/or cancel future payments to Public Body on any or all current grant projects with the County until the violation is resolved to the satisfaction of the County; 11.1.3 Withhold action on all pending and future grant applications submitted by Public Body to the County; 11.1.4 Require repayment of funds already paid to Public Body under this Agreement; and/or 11.1.5 Require specific performance of the Agreement. 11.2 Upon the date of termination, all outstanding reports and documents are due to the County and after the termination date the County will no longer be liable to pay or reimburse Public Body any outstanding Grant A ward. 12. Assignability: Public Body shall not assign or transfer any interest in this Agreement without prior written authorization of the Transit Manager. 13. Successors and Assigns: This Agreement shall be binding upon and benefit the successors and assigns of the Parties. 14. Waiver: Waiver of any term or condition under this Agreement must be in writing. No written waiver, in one or more instances, shall be deemed or construed as a continuing waiver of any term or condition of this Agreement. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 15. Cumulative Remedies: A Party’s exercise of any remedy shall not preclude the exercise of any other remedies, all of which shall be cumulative. A Party shall have the right, in its sole discretion, to determine which remedies are to be exercised and in which order. 16. Changes/Amendments: Any changes to this Agreement requested by Public Body shall be made in writing and sent to the County contact listed in Section 2 of this Agreement. The County may approve or deny such change, in its sole discretion. Except for being granted an administrative no -cost time extension by the Transit Manager, changes requiring an amendment to this Page 7 of 13 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT Agreement will be executed by the County and Public Body in the same manner as this Agreement. This Agreement cannot be modified unless reduced to writing and signed by both Parties. 17. Severability: If a court of competent jurisdiction finds a term or condition of this Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All other terms or conditions shall remain in full force and effect. 18. Governing Law: This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. 19. Counterparts: This Agreement may be executed in one or more counterparts, including facsimile or electronic copies, each of which shall be deemed an original, but all of which shall together constitute one instrument. 20. Third Party Beneficiaries: This Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation and/or any other right in favor of any other person or entity other than the Parties herein. 21. Entire Agreement: This Agreement sets forth all covenants, promises, agreements, conditions, and understandings between the Parties concerning the Project. There are no covenants, promises, agreements, conditions, or understandings, either oral or written, between the Parties other than are herein set forth. 22. Survival of Terms: The Parties understand and agree that all terms and conditions of this Agreement that require continued performance, compliance, or effect beyond the End Date of this Agreement shall survive the End Date and shall be enforceable in the event of a failure to conform or comply. 23. Duration of Interlocal Agreement: This Agreement and any amendments shall be effective when executed by both Parties with resolutions passed by the governing bodies of each Party except as provided in Section s 23.1 and 23.2 below. The approval and terms of this Agreement and any amendments, except as specified below, shall be entered in the official minutes of the governing bodies of each Party. An executed copy of this Agreement and any amendments shall be filed by the County Clerk with the Secretary of State. 23.1 The Transit Manager may grant an administrative no -cost time extension if changes do not result in an increased G rant Award. Changes which result in an increased G rant Award shall require an amendment following the procedure explained in Sections 16 and 23. 23.2 The Chairperson of the Oakland County Board of Commissioners is authorized to sign amendments to the Agreement to add Exhibits that were previously approved by the Board of Commissioners. An amendment signed by the Board Chairperson under this Section must be sent to the Election Division in the County Clerk's Office to be filed with the Agreement once it is signed by both Parties. 23.3 Unless extended by an Amendment, this Agreement shall remain in effect until the End Date or until cancelled, granted an administrative no -cost time extension by the Transit Manager, or terminated by any of the Parties pursuant to the terms of the Agreement. Page 8 of 13 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT Exhibit A Project Scope of Work 2024 Oakland County Access to Transit Program Application . To further the enhancement and expansion of public transit services and in keeping with its goal to make transit stops easier and safer to get to and more comfortable to wait at, the Oakland County Transit Division is offering a $2 million competitive program for cities, villages, and townships within Oakland County to fund capital improvement projects that will improve safe access to SMART, NOTA, WOTA, OPC, and PEX services for riders. Types of projects to be funded by the program include: Universal Accessibility Improvements On-Road and Off-Road Bicycle Facilities and Amenities Bus Stop Enhancements and Amenities Intersection Improvements Mobility Hub Elements Filling Gaps in Pedestrian Networks Street Lighting, Street Trees, and Streetscape Wayfinding Signage Park-and-Ride Enhancements Other Innovative Projects For additional guidance, see the Program Guide provided by the Oakland County Transit Division at https://www.oakgov.com/community/oakland-transit. Applications must be submitted on or before November 8, 2024 at 4:00 p.m. You are strongly encouraged to contact the Transit Manager if you have any questions prior to submitting an application. If you encounter problems with the online application or are unable to submit an application online, please contact the Transit Manager. Eli Cooper, Transit Manager Oakland County Transit Division 248-975-9876 cooperel@oakgov.com Q1. Municipality Name Q3. Point of Contact: Individual that will be responsible for managing this grant if awarded. Q4. Person Applying: Individual submitting this application (only complete this section if different than above). Q35. Are you applying to the Oakland County Access to Transit Program for more than one project?   Name Title/Position Organization Phone Email Address Mailing Address Name Title/Position Organization Phone Email Address Mailing Address Q36. Is this project your top priority? (please explain) Q5. Project Title Q6. Project Partners: List any other communities, agencies, or organizations that are partners on this project, if applicable. Q7. Project Location: Use the applicable fields below. You must enter data in at least ONE of the three fields. Q8. Site Ownership: Does the applicant city/village/township own the entire project site(s)?  Yes No Yes No Site Address(s): Parcel Identification Number(s) Written Description (e.g. “northbound bus stop on Perry Street @ Pike St” or “John R Road between 9 Mile Road and 10 Mile Road” or “near Milford Senior Center, 1050 Atlantic St, Milford, MI 48381”) Q9. Project Elements (select all that apply): Q10. What Project Phase are you applying for? (select all that apply) Q11. What is the Anticipated Project Start Date? Q12. What is the Anticipated Project End Date? Yes No (please describe the ownership of the project site(s)). Universal Accessibility Improvements On-Road and Off-Road Bicycle Facilities and Amenities Bus Stop Enhancements and Amenities Intersection Improvements Mobility Hub Elements Filling Gaps in Pedestrian Networks Street Lighting, Street Trees, and Streetscape Wayfinding Signage Park-and-Ride Enhancements Other Conceptual Design Preliminary Engineering Bidding and Construction Construction Engineering Q13. How much funding are you requesting from the Access to Transit Program (grant award request must be at least $15,000)? Q14. Certain communities may be eligible to have the match requirement waived – if your community is having difficulty providing matching funds, please contact the Transit Manager. Match Amount: How much in matching funds are you committing to? (select all that apply and provide a dollar amount for each category selected) Q15. List all of the agencies/entities/grants that are the sources of matching funds.  Conceptual Design: Request must be between $15,000 and $50,000. Preliminary Engineering: Request must be between $25,000 and $100,000. Bidding and Construction: Request must be between $150,000 and $1 million. Construction Engineering: Request must be up to 15 percent of construction costs with a maximum request of $150,000. General Funds or Local Restricted Funds Force Account Labor Federal or State Funds Private or Philanthropy Cash Donations Donated Labor/Materials Other Q16. Provide any relevant history/background information about the project (including any environmental concerns). (max 2,000 characters) Q17. Explain how the project will improve access to public transit services. (max 2,000 characters) Q18. Explain how the project will improve safety for people accessing public transit services. (max 2,000 characters)       Q19. Explain the public engagement conducted for this project to-date (including any engagement with the disability community). If there is opposition to the project, explain what is being done to address concerns. (max 2,000 characters) Q20. Describe the project design and why it was chosen. (max 2,000 characters) Q21. Explain how the project will impact transit ridership. (max 2,000 characters) Q22. Describe how the project will be managed and maintained long-term, including any equipment or staffing needs and how they will be addressed. (max 2,000 characters)       Q23. Explain if and how the project meets or exceeds Public Right-of-Way Accessibility Guidelines (PROWAG) as well as if and how Universal Design Principals are incorporated into the project. Refer to the US Access Board for PROWAG: https://www.access- board.gov/prowag/ Refer to the Centre for Excellence in Universal Design for Universal Design Principles: https://universaldesign.ie/about-universal- design/the-7-principles Upload #1. Upload a copy of the Project Site Plan or Project Location Map. Upload #2. Upload a copy of the Project Budget.  A sample Project Budget document is provided here: https://oakgov.co1.qualtrics.com/CP/File.php? F=F_06ZRj6WmnBQvcMK      Upload #3. Upload any Public Engagement Documentation (e.g. letters of support, public meeting minutes, survey results - must be combined into a single document). Upload #4. If applicable, upload any other materials that will help us understand your project (e.g. construction drawings, engineering documents, specifications, renderings, and/or site photographs with captions - must be combined into a single document). Acknowledgements Acknowledgement #1. If awarded funding, the city/village/township will be required to enter into an Interlocal Agreement with Oakland County. Acknowledgement #2. The Access to Transit Program provides up to a 50 percent initial grant award with semi-annual status reports and a final report with expense documentation required to release the remaining grant award at the end of the project. Acknowledgement #3. Concept design or preliminary engineering projects will subsequently move forward with implementation and construction within a reasonable time frame. I acknowledge this statement I acknowledge this statement I acknowledge this statement Acknowledgement #4. The project must comply with all federal and state requirements regarding accessibility for people with disabilities. Acknowledgement #5. The awardee will coordinate with local transit providers, road agencies, and property owners to obtain all necessary approvals, easements, rights-of-way (ROW), and permits within the proposed project timeline. Acknowledgement #6. The awardee will maintain the project site and any approved project scope items installed for the intended design life. This includes ensuring access that complies with the Americans with Disabilities Act (ADA). Acknowledgement #7. Any contractor or sub-contractor performing work on the project shall comply with the requirements of the Davis Bacon Act / Michigan Prevailing Wage Act. Acknowledgement #8. The design professional for the project will be required to certify that all design and/or construction was completed according to industry standards and that all necessary permits were obtained from and approved by the relevant agencies. Acknowledgement #9. Construction projects must install an Oakland Transit recognition plaque (provided by Oakland County) at the project location and maintain it at that site for a minimum of five (5) years from the date of project completion. I acknowledge this statement I acknowledge this statement I acknowledge this statement I acknowledge this statement I acknowledge this statement Powered by Qualtrics Acknowledgement #10. All of the information submitted is accurate and that I have the approval to submit this application on behalf of city/village/township identified above. I acknowledge this statement I acknowledge this statement Page 9 of 13 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT Exhibit B Project Budget Project Scope Item Unit Cost Quantity Total Cost Total Project Budget Funding Source % of Total Project Budget Amount Access to Transit Program Grant Award Match Amount* General Funds or Local Restricted Funds Force Account Labor Federal or State Funds Private or Philanthropy Cash Donations Donated Labor/Materials Total Funding Amount *Refer to the Access to Transit Program Guide for acceptable match sources. Page 10 of 13 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT Exhibit C Status Report/Final Report Access to Transit Program Status Report As required in the Interlocal Agreement, this report will be used to inform the Oakland County Board of Commissioners and staff of the progress made on your project and to justify any remaining grant fund disbursements. If you encounter problems with the online form or are unable to submit, please contact the Transit Manager: Eli Cooper, Transit Manager Oakland County Transit Division 248-975-9876 cooperel@oakgov.com Point of Contact: Please enter the contact information for the person filling out this report in case we need to follow up with questions. * Is this the Final Report for your project? Is your project complete? * Name Title/Position Public Body Name Email Address Phone Number Yes No INTERIM REPORT Please provide a few key bullet points about the status of your project. * Please provide a brief summary of the portions of your project that have been completed. * Please list any remaining work to be done. * What is your anticipated completion date? * What is the estimated amount you have spent to date? Check all that apply. * General Funds or Local Restricted Funds Force Account Labor Federal or State Funds Private or Philanthropy Cash Donations Please upload photos demonstrating progress on the project. Please provide any additional information, if needed. FINAL REPORT Date of Project Completion: * Amount Requested for Final Reimbursement: * Please upload a certification memo from the Design Professional for your project with the following: * Company letterhead Statement certifying that all design and/or construction was completed according to industry standards applicable at the time Statement certifying that all necessary permits were obtained from and approved by the relevant agencies Signature of Design Professional Donated Labor/Materials Other (please specify) Powered by Qualtrics Please upload proof of payment for your project. Examples include: * Invoices (not purchase orders or statements) Contractor releases Copies of canceled checks Screenshots of ACH payments Credit card receipts Documentation of force account labor Documentation of donated labor and/or materials (Donated labor should be valued at minimum wage unless the person is professionally skilled in the work being performed on the project. When a professional is volunteering professional services, the wage rate this individual is normally paid for performing this service may be charged to the project. Value of donated materials must be documented. Value of donated land does not count as match.) Please upload photos of your completed project, including photo(s) of the installed Oakland Transit recognition sign(s). * Please provide any additional information about the project, if needed. Page 11 of 13 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT Exhibit D Contractor Insurance Requirements During this Contract, the Contractor shall provide and maintain, at their own expense, all insurance as set forth and marked below, protecting the County against any Claims, as defined in this Contract. The insurance shall be written for not less than any minimum coverage herein specified. Limits of insurance required in no way limit the liability of the Contractor. Primary Coverages Commercial General Liability Occurrence Form including: (a) Premises and Operations; (b) Products and Completed Operations (including On and Off Premises Coverage); (c) Personal and Advertising Injury; (d) Broad Form Property Damage; (e) Broad Form Contractual including coverage for obligations assumed in this Contract; $1,000,000 – Each Occurrence Limit $1,000,000 – Personal & Advertising Injury $2,000,000 – Products & Completed Operations Aggregate Limit $2,000,000 – General Aggregate Limit $ 100,000 – Damage to Premises Rented to You (formally known as Fire Legal Liability) Workers’ Compensation Insurance with limits statutorily required by any applicable Federal or State Law and Employers Liability insurance with limits of no less than $500,000 each accident, $500,000 disease each employee, and $500,000 disease policy limit. 1. ☐ Fully Insured or State approved self-insurer. 2. ☐ Sole Proprietors must submit a signed Sole Proprietor form. 3. ☐ Exempt entities, Partnerships, LLC, etc., must submit a State of Michigan form WC -337 Certificate of Exemption. Commercial Automobile Liability Insurance covering bodily injury or property damage arising out of the use of any owned, hired, or non-owned automobile with a combined single limit of $1,000,000 each accident. This requirement is waived if there are no company owned, hired or non-owned automobiles utilized in the performance of this Contract. Commercial Umbrella/Excess Liability Insurance with minimum limits of $2,000,000 each occurrence. Umbrella or Excess Liability coverage shall be no less than following form of primary coverages or broader. This Umbrella/Excess requirement may be met by increasing the primary Commercial General Liabil ity limits to meet the combined limit requirement. Third-Party Employee Theft Insurance Coverage will be required in the minimum amount of the grant with the County of Oakland named as an additional insured. Page 12 of 13 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT Supplemental Coverages – As Needed 1. Professional Liability/Errors & Omissions Insurance (i.e., Consultants, Technology Vendors, Architects, Engineers, Real Estate Agents, Insurance Agents, Attorneys, etc.) with minimum limits of $1,000,000 per claim and $1,000,000 aggregate shall be required when the Contractor provides professional services that the County relies upon. 2. Cyber Liability Insurance with minimum limits of $1,000,000 per claim and $1,000,000 aggregate shall be required when the Subrecipient has access to County IT systems and/or stores County data electronically. 3. Other Insurance Coverages as may be dictated by the provided product/service and deemed appropriate by the County Risk Management Department. General Insurance Conditions The aforementioned insurance shall be endorsed, as applicable, and shall contain the following terms, conditions, and/or endorsements. All certificates of insurance shall provide evidence of compliance with all required terms, conditions and/or endorsements. 1. All policies of insurance shall be on a primary, non-contributory basis with any other insurance or self-insurance carried by the County; 2. The insurance company(s) issuing the policy(s) shall have no recourse against the County for subrogation (policy endorsed written waiver), premiums, deductibles, or assessments under any form. All policies shall be endorsed to provide a written waiver of subrogation in favor of the County; 3. Any and all deductibles or self-insured retentions shall be assumed by and be at the sole risk of the Contractor; 4. Contractors shall be responsible for their own property insurance for all equipment and personal property used and/or stored on County property; 5. The Commercial General Liability and Commercial Automobile Liability policies along with any required supplemental coverages shall be endorsed to name the County of Oakland and it officers, directors, employees, appointees and commissioners as additional insured where permitted by law and policy form; 6. If the Contractor’s insurance policies have higher limits than the minimum coverage requirements stated in this document the higher limits shall apply and in no way shall limit the overall liability assumed by the Contractor under contract. 7. The Contractor shall require its contractors or sub-contractors, not protected under the Contractor’s insurance policies, to procure and maintain insurance with coverages, limits, provisions, and/or clauses equal to those required in this Contract; 8. Certificates of insurance must be provided no less than ten (10) Business Days prior to the County’s execution of the Contract and must bear evidence of all required terms, conditions and endorsements; and provide 30 days’ notice of cancellation/material change endorsement. Page 13 of 13 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT 9. All insurance carriers must be licensed and approved to do business in the State of Michigan along with the Contractor’s state of domicile and shall have and maintain a minimum A.M. Best’s rating of A- unless otherwise approved by the County Risk Management Department. Applications Received 2024 Access to Transit Program Recommended for Award •$30,000 Access to Transit Grant ($37,500 Total Project Cost) •Conceptual design to determine safer configuration (including a potential roundabout) of intersection with existing bus shelter and bus stop 3 Beverly Hills Southfield Rd & Beverly Rd Intersection Study •$120,000 Access to Transit Grant ($150,000 Total Project Cost) •Bidding and construction of: •Bus shelters •Trash receptacles •Bike racks •Bike repair stations at existing bus stops 4 Birmingham Woodward Ave and Maple Rd Bus Stop Enhancements •$20,000 Access to Transit Grant ($25,000 Total Project Cost) •Conceptual design for a 4-lane to 2-lane road diet on an existing transit corridor that will add: •On-street parking •Greenspace •Traffic calming •Bus shelters •Bike racks •Pedestrian signals 5 Clawson Main St Road Diet Design •$80,000 Access to Transit Grant ($100,000 Total Project Cost) •Conceptual design, preliminary engineering, and bidding and construction for: •Sidewalks, key walks, and ADA upgrades •Benches at existing bus stops 6 Farmington Grand River Ave Bus Stop Enhancements •$427,500 Access to Transit Grant ($534,375 Total Project Cost) •Pathways to fill in gaps •Will connect to existing bus stops 7 Rochester Hills Adams Rd Pathway Connections •$100,000 Access to Transit Grant ($125,000 Total Project Cost) •Preliminary engineering for a connection across the freeway as part of the Nine Mile Urban Trail •On an existing top- ridership transit corridor 8 Southfield Nine Mile Rd Non-Motorized Bridge Over M-10/M-39 Postponed for Further Discussion •$148,800 Access to Transit Grant ($186,000 Total Project Cost) •Bidding and construction of signage at existing bus stops 10 Oak Park Citywide Wayfinding Signage •$662,872 Access to Transit Grant (covers Total Project Cost) •Bidding and construction of sidewalks connecting to existing bus stop 11 Pontiac Giddings Rd Sidewalks Not Recommended for Award •$388,000 Requested Funding ($582,000 Total Project Cost) •Preliminary engineering, bidding and construction, and construction engineering of: •Shared lane markings and roadside signage on neighborhood street •Conversion of a neighborhood street into a non-motorized trail •Does not connect to existing transit service 13 Bingham Farms Non-Motorized Accommodations on Bingham Rd and Timber Trail Rd •$225,000 Requested Funding ($450,000 Total Project Cost) •Conceptual design, preliminary engineering, bidding and construction for the redevelopment of an old barber shop into a pocket park and mobility hub •Does not connect to existing transit service 14 Independence Township Mobility Hub