HomeMy WebLinkAboutResolutions - 2021.04.29 - 34346MISCELLANEOUS RESOLUTION 4211138 April 29, 2021
BY: Commissioner William Miller, Chairperson, Economic Development and Infrastructure Committee
IN RE: CENTRAL SERVICES — OAKLAND/SOUTHWEST AIRPORT — SERVICES AGREEMENT WITH
ROAD COMMISSION FOR OAKLAND COUNTY (RCOC)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland/Southwest Airport requires repaving of its Runway 8/26, including a two (2)-inch
asphalt cap for the safe use of the runway; and
WHEREAS the County of Oakland desires to engage the Road Commission for Oakland County (RCOC) and
RCOC desires to perform certain services for the planning, oversight and inspection of the project; and
WHEREAS the County of Oakland is in receipt of a Services Agreement between the County and the RCOC
to perform the agreed upon services; and
WHEREAS the County and RCOC will act as separate governmental entities under this agreement; and
WHEREAS the RCOC will be reimbursed $1.00 for their services; and
WHEREAS the effective date of this agreement will only follow approving resolutions by both parties; and
WHEREAS no application was requested from Oakland County; therefore, the application provisions of M.R.
#19006 do not apply.
NOW THEREFORE BE IT RESOLVED that the Chairperson of the Oakland County Board of Commissioners
is authorized to execute the service agreement.
Chairperson, on behalf of the Economic Growth and Infrastructure Committee, I move adoption of the
foregoing resolution.
Commissioner William Miller, District #14
Chairperson, Economic Development
and Infrastructure Committee
ECONOMIC DEVELOPMENT AND INFRASTRUCTURE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
SERVICES AGREEMENT
between
COUNTY OF OAKLAND
and
ROAD COMMISSION FOR OAKLAND COUNTY FOR THE
OAKLAND/SOUTHWEST AIRPORT RUNWAY
PROJECT NO.
This Services Agreement ("Agreement"), is entered into this day of
, 2021, between the Road Commission for Oakland County, a Michigan statutory
public body corporate, with administrative offices at 31001 Lahser Road, Beverly Hills, MI 48025
("RCOC"), and the County of Oakland, a Municipal and Constitutional Corporation, with offices at
1200 N. Telegraph Road, Pontiac, MI 48341 ("County"). RCOC and County are sometimes referred to
in this Agreement, individually, as a "Party" and, collectively, as "Parties."
RECITALS
A. Runway 8/26 at the Oakland/Southwest Airport (the "Airport") in Lyon Township,
Michigan requires repaving, including, but not limited to, installing a two (2)-inch asphalt cap, and other
related improvements, for the safe use of the runway which County desires to engage a contractor and
other professional advisors to complete (the "Project").
B. County desires to engage RCOC to perform, and RCOC desires to provide to County
through County's Aviation Department ("Airport Personnel"), certain services related to the Project as
set forth in this Agreement.
Now, therefore, in consideration of the mutual benefits set forth in this Agreement, which the
Parties acknowledge and agree is sufficient, the Parties agree as follows:
1. RCOC RESPONSIBILITIES
a. RCOC shall assist County and Airport Personnel in its preparation of the Runway 8/26 PM
Rehabilitation bid plans ("Bid Plans") for the construction of the Project, RCOC shall provide
the County and Airport Personnel construction inspection and materials testing services
during site construction activities identified in the Bid Plans, RCOC will prepare daily
inspection reports for all construction activities, RCOC shall provide the daily inspection
reports and materials testing results to the County and Airport Personnel so that County and
Airport Personnel can process contractor payments, RCOC construction staff will attend the
pre -construction meeting (the "RCOC Services").
b. Except for County's payment obligation described in this Agreement, RCOC shall be solely
responsible for providing any materials, equipment, and labor necessary to complete the
RCOC Services for the Project and shall be responsible for overseeing any person(s)
providing any material, labor, or services related to, or in connection with, the Bid Plans.
Page 1 of 4
RCOC will not provide inspection of testing services related to the pavement markings or
striping.
c. In connection with Project, RCOC shall comply with all applicable laws, regulations codes
and ordinances.
2. COUNTY RESPONSIBILITIES.
a. County shall pay to RCOC $1.00 for the RCOC Services.
b. County shall be responsible for advertising and obtaining bids for the Project work.
c. County and Airport Personnel shall arrange a pre -construction meeting.
d. County shall be responsible for contractor selection, preparing and negotiating an
agreement with the selected contractor and making payments to the contractor. Any
agreement that County enters into with a contractor for the Project shall require
contractor to indemnify and hold RCOC and its officers, employees, and agents
harmless from all suits, claims, complaints, charges, judgments, causes of action, and
expenses, including attorney's fees, on the same terms such contractor is obligated to
indemnify and hold County and its officers, employees, and agents, harmless under such
agreement as required by County, but nothing herein shall require a contractor to provide
such indemnity to RCOC for any amount greater than contractor's degree of fault.
e. County and Airport Personnel shall be solely responsible for, or cause to be performed,
any additional site work required, as determined in County's discretion, to complete the
Project not otherwise included in the Bid Plans. This work may, as determined in
County's discretion, include, but is not limited to, implementing necessary runway
closure(s), completing required runway closure notifications, providing full time onsite
personnel to monitor air traffic/runway operations and security during construction
activities, installing runway pavement markings upon paving completion and re -opening
of runway.
3. GENERAL TERMS
a. This Agreement, and any subsequent amendments to this Agreement, shall not become
effective prior to approving resolutions by the respective governing Boards of both Parties
and as reflected and entered in each Board's official minutes and filed with the Michigan
Secretary of State and the Clerk of Oakland County as required by MCL §124.510.
b. Any amendment to this Agreement shall be in writing and approved by the respective
governing Board of each Party.
c. Each Party shall be responsible for any claims, damages, losses or liabilities made against
that Party by any third party or person. In this regard, if necessary, each Party shall seek its
Page 2 of 4
own legal representation and bear the costs associated with such representation, including
any attorney fees. Neither Party shall have any right under any legal principle to be
indemnified by the other Party or by any of its employees or agents in connection with any
such claims, damages, losses or liabilities.
d. The County agrees that it will not commence, maintain, initiate, or prosecute any action,
lawsuit, proceeding, charge, petition, complaint or claim before any court, agency or tribunal
against the RCOC or any of its officers, predecessors, successors, directors, employees,
attorneys and insurers, arising from or related to this Agreement.
e. 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.
f. The Parties intend and agree that for all purposes under this Agreement, RCOC and County
are separate governmental entities and neither Party has the authority to enter into any
agreement on behalf of, or otherwise bind, the other Party to any obligations except as
authorized in writing by such Party.
g. This Agreement is not made for the benefit of any third party or person.
h. This Agreement shall be construed, interpreted and governed in accordance with the laws
of the State of Michigan.
i. Except as otherwise expressly stated in this Agreement, this Agreement represents the
entire agreement and understanding between the Parties. This Agreement supersedes all
other oral or written understandings between the Parties in any way related to Project.
The Parties to this Agreement have caused this Agreement to be signed by their duly authorized
representatives as of the date above. Each signatory to this Agreement warrants that he or she is
authorized to execute this Agreement on behalf of his or her respective entity.
Signatures appear on the following page.
Page 3 of 4
Signature Page to Services Agreement between County of Oakland and
Road Commission for Oakland County for the OaklandlSouthwest Airport Runway
ROAD COMMISSION FOR OAKLAND COUNTY, a Public Body
Corporate
0
Its:
COUNTY OF OAKLAND, a Municipal and Constitutional
Corporation
an
David T. Woodward
Its: Chairman of the Oakland County Board of
Commissioners
Page 4 of 4
Resolution #21138 April 29, 2021
Moved by Long seconded by Luebs the resolutions on the amended Consent Agenda be adopted.
AYES: Charles, Gershenson, Hoffman, Jackson, Joliat, Kowall, Kuhn, Long, Luebs, Markham,
McGillivray, Miller, Moss, Nelson, Powell, Spisz, Weipert, Woodward, Cavell. (19)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted.
I HEREBY APPROVE THE FOREGOING RESOLUTION
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 April29, 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 29th day of April, 2021. _
Lisa Brown, Oakland County