HomeMy WebLinkAboutResolutions - 2021.02.04 - 34127MISCELLANEOUS RESOLUTION #21026 February 4, 2021
BY: Commissioner Michael Spisz, District #3
IN RE:, BOARD OF COMMISSIONERS —TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR
2021 APPROPRIATION — CHARTER TOWNSHIP OF OXFORD — SPREADING OF GRAVEL ON
VARIOUS ROADS WITHIN THE TOWNSHIP — PROJECT NO. 56142
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 fund balance for the Tri-Party Road Improvement Program for
projects managed by the RCOC; and
WHEREAS the Charter Township of Oxford, 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 Charter
Township of Oxford and said appropriation has been transferred to a project account; and
WHEREAS the Charter Township of Oxford 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. 56142 in the Charter Township of Oxford is $27,062; and
WHEREAS funding is available in the General Fund Assigned Fund Balance for Tri-Party 2021 and prior
funding (account #383510) for Project No. 56142 in the amount of $27,062.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
the project submitted by the Charter Township of Oxford 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 Charter
Township of Oxford.
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 $27,062
Total Revenue 27 062
Expenditures
9010101-153010-740135 Road Commission Tri-Party $27,062
Total Expenditures 27 62
Chairperson, I move the adoption of the foregoing Resolution.
r
Commissi er Michael Spisz
District #3
ECONOMIC DEVELOPMENT AND INFRASTRUCTURE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Qualily Life through Good Roads "We Care" IF1 a
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Inter —Departmental Memorandum ayef - none
PROGRAMMING DIVISION
DATE: December 22, 2020
To: Samuel Fitzer, P.E., Director of Engineering
FROM: Thomas G. Noechel, Programming Supervisor-W)
SUBJECT: PROJECT NO. 56142, 2020 GRAVEL ROAD PROGRAM
VARIOUS ROADS
LOCAL, COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM
CHARTER TOWNSHIP OF OXFORD
Attached for your review and submission to the Board for their approval is the local cost
participation agreement with the Charter Township of Oxford for the spreading of gravel
on various roads within the township. The work was complete this fall,
The Charter Township of Oxford has elected to use the Tri-Party Program to fund the
estimated total project cost of $81,187. Our share is estimated to be $27,062 and is in
the FY15 budget.
The project is in the district of County Commissioner Michael Spisz.
our standard approved format, and I recommend Board approva
Managing Director to execute the agreement on behalf of the Board.
/je
Attachments
Recommended for Board Approval
e
Samuel f1her, RE,
Director of Engineering
The agreement is in
I and authorize the
COAMISSION
�In�1��r;beYLr rwhhrLfll/
QUALITY LIFE THROUGH GOOD ROADS: January 7, 2021
ROAD COMMISSION FOR OAKLAND COUNTY
"WE CARE."
Board of Road Commissioners
Ronald J. Fowkes
Mr. Curtis Wright, Clerk
Commissioner
Charter Township of Oxford
Andrea LaLonde
300 Dunlap Road
Commissioner
Oxford, M148371
Nancy Quarles
Commissioner
Re: 2020 Gravel Road Program, Various Roads
Project No. 56142
Dennis G. {<olar, P.F. Dear Mr. Wright:
Managing Director
Gary Pwtrowicz, RE., P,7.O.E. A fully signed and executed agreement for the above -mentioned
Deputy Managing Director project is enclosed.
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, January 7, 2021.
Please contact Thomas G. Noechel, Programming Supervisor at
(248) 645-2000 ext. 2266 to answer questions or for additional
information.
Sincerely,
Clerk of the Board Shannon J. Milb r
31001 Lahser Road Deputy -Secretary /Clerk of the Board
Beverly Hills, MI
48026 /sip
248-645-2000 Enclosure
FAX cc: Finance Department
248-645-1348 Engineering Department
Programming Division
Lynn Sonkiss, Oakland County
www.rcocweb.org
COST PARTICIPATION AGREEMENT
2020 GRAVEL ROAD PROGRAM
Charter Township of Oxford
Board Project No. 56142
This Agreement, made and entered into this ft?? day of gAnu i 3 , 2021, by
and between the Board of County Road Commissioners of the County of Oakland, Michigan,
hereinafter referred to as the BOARD, and the Charter Township of Oxford, hereinafter referred
to as the COMMUNITY, provides as follows:
WHEREAS, the BOARD and the COMMUNITY have agreed to program the spreading of
gravel on various roads under the jurisdiction of the BOARD, as described in Exhibit "A", attached
hereto, and made a part hereof, the roads selected will be mutually agreed upon by the BOARD
and the COMMUNITY, which are hereinafter referred to as the PROJECT; and
WHEREAS, the estimated total cost of the PROJECT is $81,187; and
WHEREAS, the PROJECT involves certain designated and approved Tri-Party Program
funding in the amount of $81,187 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 COMMUNITY and the BOARD 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, 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 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 $81,187 shall be funded and invoiced in the
following order:
a. Tri-Party Program funding in the amount of $81,187.
b. Any PROJECT costs above the Tri-Party Program funding of $81,187 will
be funded first with any available Tri-Party Program funds. If no Tri-Party
Program funds are available, any PROJECT costs above $81,187 will be
funded 100% by the COMMUNITY.
6. Upon execution of this agreement, the COMMUNITY shall submit two invoices to
IiiTa Zi7G1:771
a. The first invoice shall be payable by the BOARD in the amount of $27,062
(being 100% of the BOARD's Tri-Party contribution).
b. The second invoice shall be payable by the COUNTY in the amount of
$27,062 (being 100% of the COUNTY'S Tri-Party contribution).
C. The invoices shall be sent to:
Ms. Julie Enders, Engineering Aide
Road Commission for Oakland County
31001 Lahser Road
Beverly Hills, MI 48025
2020 Gravel Road Program . 2 -
Charter Township of Oxford
Project No. 66142
12114/2020
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
CHARTER TOWNSHIP OF OXFORD
By
its JP�2�l/ / r�()P----
2020 Gravel Road Program _ 3 .
Charter Township or Oxford
Project No. 56142
1211412020
EXHIBIT A
TRI-PARTY PROGRAM
2020 Gravel Road Program
Charter Township of Oxford
Board Project No, 56142
Spreading of gravel on various roads within the township.
ESTIMATED PROJECT COST
Contractor Payments
COST PARTICIPATION BREAKDOWN
$81,187
COMMUNITY
COUNTY
BOARD
TOTAL
IFY2020 Tri-Party Program
$23,065
$23,064
$23,065
$69,194
IFY2021 Tri-Party Program
$3,998
$3,998
$3,997
$11,993
TOTAL SHARES
$27,063
$27,062
$27,062
$81,187
2020 Gravel Road Program . 4 .
Charter Township of Oxford
Project No. 56142
12/1412020
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 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. Scooe: 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,
2020 Gravel Road Program . 5.
Chader Township of Oxford
Project No. 55142
1211412020
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.
Bodily Injury Liability or:
Each Person: $1,000,000
Each Occurrence $1,000,000
Aggregate $2,000,000
Single Limit: Bodily Injury and Property Damage
Each Occurrence: $1,000,000
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.
2020 Gravel Road Program
Charter Township of Oxford
Prolml No, 50142
12/1412020
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.
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.
2020 Gravel Road Program - 7 -
Charter Township of Wool
Project No. 56142
121142020
Resolution #21026
February 4, 2021
Moved by Gingell seconded by Nelson the resolutions on the amended Consent Agenda be adopted.
AYES: Cavell, Charles, Gershenson, Gingell, Hoffman, Jackson, Joliet, Kochenderfer, Kowall,
Kuhn, Long, Luebs, Markham, McGillivray, Miller, Moss, Nelson, Powell, Spisz, Weipert,
Woodward. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted.
1� � Ja.-
1
1 HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.B59A (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 February 4,
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 41h day of February 4, 2021.
Lisa Brown, Oakland County