HomeMy WebLinkAboutResolutions - 2017.05.25 - 22965MISCELLANEOUS RESOLUTION :#17159 May 25, 2017
BY: Commissioner Phillip J. Welpert, Chairperson, Planning and Building Committee
IN RE: PARKS AND RECREATION COMMISSION — AMENDMENT #1, OAKLAND COUNTY 4-H FAIR
ASSOCIATION AGREEMENT SPRINGFIELD OAKS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners, via MR# 16177, approved an Agreement with
the Oakland County 4-H Fair Association (the "Association"), which provides for the following: (1) the
lease of the Springfield Oaks Administrative Building/Building E; (2) the Cooperative Oakland County 4-H
Fair Agreement; (3) the license for indoor vehicle/boat storage; and (4) the license of Springfield Oaks
Activity Center Kitchen ("Original Agreement"); and
WHEREAS the Oakland County Parks and Recreation Commission and the Association desire to amend
the Original Agreement to permit the Association to donate and perform certain paving work at Springfield
Oaks at no cost to Oakland County; and
WHEREAS the donation and description of paving work is codified and described in the attached
Amendment; and
WHEREAS the Department of Corporation Counsel has reviewed and/or prepared all necessary
documents related to the attached Amendment; and
WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission that the
Oakland County Board of Commissioners accept and approved the attached Amendment;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes and
approves the attached Amendment with the Association.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson
or designee to execute the attached Amendment.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
) 1
Commissioner Phillip Weipert, District #8
Chairperson, Planning and Building Committee
PLANNING AND BUILDING COMMITTEE
Motion carried unanimously on a roll call vote.
ADR REVIEW SIGN OFF — Parks and Recreation
RESOLUTION TITLE: Parks and Recreation Commission - Amendment #1, Oakland County 4-H Fair
Association Agreement Springfield Oaks
DEPARTMENT CONTACT PERSON: Daniel Stencil 248.858.4944; Mike Donnelion 248.343.6290
DATE: 05/02/2017
DEPARTMENT REVIEW
Corporation Counsel:
Approved —Jody Hall (5/3/2017)
Department of Human Resources:
Approved (No Committee) - Heather Mason (5/3/2107)
Department of Management and Budget:
Approved - Lynn Sonkiss (5/4/2017)
FIRST AMENDMENT TO THE AGREEMENT
BETWEEN
OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND
OAKLAND COUNTY 4-H FAIR ASSOCIATION
This First Amendment (1 st Amendment) is entered this day of
20 between the County of Oakland, by and through the Oakland County Parks and Recreation
Commission ("OCPRC"), located at 2800 Watkins Lake Road, Waterford, MI 48328 and the Oakland
County 4-H Fair Association ("Association"), located at 12451 Andersonville Road, Davisburg, MI
48350.
BACKGROUND
A. The Parties entered into an Agreement on January 1, 2017 that provided for the following: (1)
lease of the Springfield Oaks Administrative Building/Building E; (2) Cooperative Fair
Agreement; (3) license for indoor vehicle/boat storage; and (4) license for use of Springfield Oaks
Activity Center Kitchen (hereinafter "Agreement").
B. The Association has offered to pave or re-pave certain portions of the Springfield Oaks Activity
Center grounds.
C. In consideration of the mutual covenants contained herein, the Parties agree as follows:
1 st AMENDMENT
§1. Permission to Perform Work. OCPRC grants the Association permission to perfoim the
paving projects described and depicted in Exhibit A to be completed by the Association or a
contractor of the Association (hereinafter "Paving Project"). Exhibit A is incorporated into
this 1 st Amendment.
§2. Financial Responsibility.
2.1. The Association shall be responsible for all costs associated with the Paving Project.
2.2. The Association shall be responsible to obtain and pay for all permits or licenses
required to perform the Paving Project.
2.3. OCPRC shall not be responsible for any costs associated with the Paving Project and
is not required, in any way, to reimburse the Association for such costs. The Paving
Project is deemed a donation/gift to OCPRC by the Association.
2.4. Notwithstanding that liens cannot generally be placed on publicly owned property, if
any contractors or subcontractors of the Association place liens or attempt to place
liens on OCPRC property, the Association shall reimburse OCPRC all costs
associated with the removal of such liens.
§3. Specifications of Work.
3.1. OCPRC has reviewed the specifications of the Paving Project and finds them
acceptable.
Page 1 of 3
1st Amendment
(04-11-17)
3.2. The Association shall complete the Paving Project according to the specifications
contained in Exhibit A. The Association is responsible to perform all tasks and work
to complete the Paving Project.
3.3. If the Paving Project, in the discretion of OCPRC, is not completed according to the
specifications contained in Exhibit A, then OCPRC, through its Executive Officer,
shall provide the Association with written notice of the defects or omissions in the
Paving Project. The Association shall have thirty (30) calendar days, from the receipt
of the written notice, to correct the defects or resolve the omissions. If the
Association fails to correct the defects or resolve the omissions within the thirty (30)
period, then OCPRC may perform such work and the Association shall reimburse
OCPRC for all such costs. OCPRC shall provide the Association with a detailed
invoice for all such costs.
§4. Completion of Work.
4.1. Upon completion of the Paving Project, it shall become the property of OCPRC.
4.2. Within thirty (30) calendar days of completion of the Paving Project, the Association
shall provide all close out documentation and final invoices for the Paving Project to
the OCPRC Executive Officer.
§5. All other terms and conditions of the Agreement shall continue with full force and effect,
except as modified herein.
§6. Entire Agreement. The agreement and the 1s t Amendment constitute the entire agreement
and understanding between OCPRC and Association and supersede all other prior oral or
written understandings, communications, or agreements between OCPRC and Association.
Page 2 of 3
1 st Amendment
(04-11-17)
THE COUNTY OF OAKLAND:
IN WITNESS WHEREOF, Michael J. Gingell acknowledges that he has been authorized by the
County to sign this Agreement.
Michael J. Gingell, Chairperson, Date
Oakland County Board of Commissioners
WITNESS:
By: Date
THE OAKLAND COUNTY 4-H FAIR ASSOCIATION:
IN WITNESS WHEREOF, acknowledges that she/he has been
authorized by the Association this Agreement.
By: Date
WITNESS:
By: Date
Page 3 of 3
1St Amendment
(04-11-17)
"EXHIBIT A" Froposal
Q.g11 INinrflansrpct
onarnon r noweu ' • P.0, Box 1290 (810)229-5511 4? AhliptoLt.
I 1 ClarkSton, NH 48347-1290 r ± I II4 lit I -R NI White Lake! Milford
...11 Iff
.CONSTRUCTION (248) 684-2343 I ta A i
(248) 625-9581
. .5
..; Lapeer $ s.:
" ,.,....t.....7='" Fax (248) 625-3360 The Allied Advantage (810)797-d080 04.4, tzetwo
M. D.O.T. PREQUALINED www.alliedasphalt.corri
Proposal Submitted To: 4H Fairgrounds - Oakland County Fair Dale: December 02, 2016 Estimate No.: 12258
Attn: LC Scramlin Email: info@oakfair.org
Property Name: 4H Fairgrounds - Oakland County Fair Job Name: 4H Fairgrounds - Shared Paving Areas
Address: 12451 Andersonville Rd Davisburg, Ml 48350 _Job Address: 12451 Andersonville Rd Davlsburg, MI 48350
..„,4ichitect: N/A Date Of Plans: N/A Phone: 248,894-65513(Ext: Mobile) ,
We Propose hereby to furnish material and labor - complete in accordance with specifications below. . , Ail agreements contingent upon strikes, accidents, weather or delays beyond our control. Workers compensation and A ability covemge prodded by Silted Construotion Any deviation from peal:rations by ovdner shalr become en extra cherge above and beyond the estirmale.Ati AUthorlzed
wod, shall be carded out in a workmanlike manner All material guaranteed to be as spectSed. Signature Andrew Foster (248-431-1418) Warranty does not cover gasoline arch spirt% kickstand or tire marks, cracks, tree mot cracks, nalleoliye cracks, small Water deo...Cons and settling. Asphalt guaranteed to be P17% water leer. Cmtornor agrees to pay Alla d Construotion a the price differential interest oll.5% par Note: This proposal may be month on any rand all unpaid balances. In the event Allied Canstructon pursues collection deny Withdrawn by us if not accepted within 15 days. balanoes due, by the the to legal
whether suit or othenvise, owner agrees pay toes, costs, fees end expenses incurred byAilled Construction,
We here by submit specifications and estimates for. SCOPE OF WORK
Office Drive (Blue Areal - 8.981 sf - Remove Existing Asphalt, Grade, and Place 3.0" Asphalt - $25 318.00
• Saw cut asphalt at project limits.
• Remove existing asphalt pavement.
• Excavate and stone (6") expansion area along drains - 130 tons.
• Grade and compact existing gravel.
• All excess grave) to be graded off onsite.
• Any undercuts due to soft/poor soils, add $45.00/ton (if required, not likely).
• Furnish and install 165 tons of MDOT 1100T-20AA hot mix asphalt.
• 3" final compacted thickness.
• Compact asphalt to 97% of the Marshall Density Standard.
• goat Barn Drive (Yellow Areal - 7,398 sf - Remove Existing Asphalt Grade. and Place 3.0" Asphalt - $18,123.00
• Saw out asphalt at project limits.
• Remove existing asphalt pavement
• Grade and compact existing gravel.
• All excess gravel to be graded off onsite.
• Any undercuts due to soft/poor soils, add $45.00/ton (if required, not likely).
• Furnish and Install 135 tons of MDOT 1100T-20AA hot mix asphalt.
• 3" final compacted thickness.
• Compact asphalt to 97% of the Marshall Density Standard.
Grand Total for the above is: $43,441.00
NOTES:
• Al) work to be completed per our general conditions page.
• This proposal contract must be referenced in any contract to Allied.
• Permits by others unless otherwise stated.
• Landscape restoration by others.
• Allied is not responsible for any damage to sprinklers, private utilities, landscaping, overhanging trees, invisible
fencing, etc.
Above prices do riot Include barricades, permit, layout, bonds, inspeciion fees, concrete network, landscaping, or signs. Alt restoration try Mete. Proposal Is based in working in one
phase, unless stated otherwise above, additional phasing at extra cost. The Work areas must be clear of all cars prior to our viva), A clash ingress and egress must be provided 51011
!Imes during construction. Prices above are based on work, being performed during normal weekday hours. Price reflects machine paving only, patching and handwork extra unless
specifically stated otherwise alooVe. Work Is bid for the summer of the proposal year only, please note Calms are expecting material cost fluctuations, Therefore, work completed after the normal pavIng season (until generally September 301h of the proposal year) is subject to a price increase.
Payment lobe made as follows; NET 30
Acceptance of Proposal-The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work
as specified. Payment will be made as outlined above.
Date of Acceptance: Signature:
4.. .
We Propose hereby to furnish material and labor - complete in accordance with specifications below.
Proposal Page Na 1 of 2 Pages
. 01° e
F-Ortnto Ara,reresi,...,, CV INC.-1.4.....eirn M.D.O.T. PREQUALINED
........_...........___........
Ra Box 1290 ..IED .01Lv11:071 I11.0Well
On) 229-55/1 e 40 Pit \ Clarkston, MS 4E047-1290 ' 0
' CONSTRUCTION (248)684-2343 i.1
While Lake / Milford S
CI (248) 625-9581 Lapeer .,b:i Fax (248) 625-3360 The Allied Advantage (S10) 797-6080 .'dii tiv0 lovw.alliedasphallcom
Proposal Submitted To: 414 Fairgrounds - Oaidand County Fair Dars:13ocotriber 02.2016 Estimate No.: 12257
AtM: LC Scramlln Email: infogloa1t531r.org
Property Name: 414 Fairgrounds ,Onkland county Fair Job Name: 414 Fairgrounds - Fair Paving Rev 2
Address: 12451 Andersonviile Rd Elayisburg, Ml 48350 Jab Address: 12451 Andereorrville Rd davlsburg, ME 48350 — Ary.11if.01-.1.• /..Stf. I _. _
.51tOolneals. writing eat Upon sakes. ecc!derrts, nouthoF or dorfays beyond our controL Worl,ore compensation old IMO*, covange provfeed byAlkal Construction, Any des4tor n kola pacirl cotIoosky owner sholl hoconlo. en extra charge above and trayoodthoestrande,,N1 work stag o card el out fa o worleoe aka manner, All material guaranteed to Oo as speolgod.
Womanly does rot cover gasepno or it spUs, kicksEand or tiro awl., crocks, tree mat amok., rellecOso cracks, small ralardejueseons and aottIng. Aaphaltederrealeed to beg716eader
(Too. C mom. wines to poyAllsciConsteuttloa e.erno pane dIffereatel Iniorestottfi%por maim ninny mid alithpaid boi,mioIn lilt. oWsPLAPI6d Cana-tructIon purs4CE cof/oction of coy bolan-cos duo, whether bruit or oltraretso, thelhocwaec agrees to pay lose foes, cosh, twos oae.xponses rneunod Alkd Construction.
Andrew Faster (248-4314418)
Nate: This proposal may he
withdrawn by us if not accepted within
Authorized
Signature
15 days.
We here by SUbMit spec:Mations and estimates ten SCOPE OF WORK
20' PathWay tiled Area) -9 762 at - Grade and Place 30" Asohaltz112 546.00
• Grade and compact existing gravel.
• All excess gravel to be graded off onsite.
• Grade and compact gravel base.
• Any Undercuts due to soft/peer soils, add $115.00/ton (if required, not likely).
• Famish and install In tons of MDOT1100T-20AA hot mix asphalt.
• 3" final compacted thickness.
• Compact asphalt to gm of the Marshall Density Standard.
15' Pathway (Pink A real - 4.531 sf Grade ae.dylace 3X Asphalt -69,179.00
• Grade and compact existing gravel.
• All excess gravel to be graded off onsite.
• Grade and compact gravel base,
• Any undercuts due to soft/poor soils, add $45.00/ton (if required., not likely).
• Furnish and install 89 tons of MOOT 1100T-20AA hot mix asphalt.
• 3" final compacted thickness.
•
Compact asphalt to 97% of the Marshal Density Standard.
'28 Pathway (Green Areal - $ 525 at - Grade and Place 3.0' Asphalt - S10.694.00
• Grade and compact existing gravel
- All excess gravel to be graded off onsfte.
• Grade and compact gravel base_
• Any undercuts due to Colt/poor soils, add $45.00/ton (if requirerl, not likely).
• Furnish and install 103 tons of MOOT 1100T-20AA hot mix asphalt.
• 3" final compacted thickness.
• Compact asphalt to 97% of the Marshall Density Standard.
Grand Total for the above is: $33,021.00
NOTES:
• Option: Place 6 PVC crossings -Add $950,00
• All work to be completed per our general conditions page_
• This proposal contract must be referenced in any contract to Allied.
- Permits by others unless otherwise stated,
- Landscape restoration by others.
• Allied Is not responsible for any damage to sprinklers, private utilities, landscaping, overhanging trees, invisible
fencing, etc.
Payment to be made as follows: NET 30 -
Acceptance of Proposat-The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authodzed TO to the work as specified. Payment will be made es outlined above.
Date of Accootance: Signature:
Estimate No.: 12299 Date: Jemmy n, 2017 iagram For 4H Fairgrounds = Oakiand County Fah' MEI=
Estimate No.: 12257 Date: December 02, 2016 ALLIED Diagram For 4FLI Fahagrounds - Oakland County Fah' CONSTRU CTI ON
FISCAL NOTE (MISC. 17159) May 25, 2017
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: PARKS AND RECREATION COMMISSION — AMENDMENT #1, OAKLAND COUNTY 4-H FAIR
ASSOCIATION AGREEMENT SPRINGFIELD OAKS
To The Oakland and 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. The Oakland County Board of Commissioners, per MR# 16177, approved an Agreement with the
Oakland County 4-H Fair Association (the "Association") which provides for the lease of the
Springfield Oaks Administrative Building/Building E, the Cooperative Oakland County 4-H Fair
Agreement, the license for indoor vehicle/boat storage, and the license of Springfield Oaks
Activity Center Kitchen ("Original Agreement").
2. The Oakland County Parks and Recreation Commission and the Association desire to amend the
Original Agreement to permit the Association to donate and perform certain paving work at
Springfield Oaks at no cost to the County and the donation and description of paving work is
codified and described in the attached Amendment.
3. The Department of Corporation Counsel has prepared and reviewed all necessary documents
related to the attached Amendment.
4. Project costs in the amount of $76,462 plus a contingency of $7,538 for a project budget total of
$84,000 are being donated by the Oakland County Fair Board.
5. Parks and Recreation has created a Capital Improvement Project #1261 SAC Fair Paving
Improvements capital project and the anticipated completion date of the capital project is
November 2017.
6. The FY2018 capital contribution of $84,000 will be included in the current County Executive
budget process and a budget amendment is not recommended at this time.
r vv „—
Commissioner Thomas Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Woodward and Crawford absent.
Resolution #17159 May 25, 2017
Moved by Dwyer supported by Bowman the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwy ar, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer,
Kowall, 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).
J73 VI
1 WNW "IMPROVE THIS AESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on May 25, 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 25th day of May, 2017.
Lisa Brown, Oakland County