HomeMy WebLinkAboutResolutions - 2022.05.12 - 35518BOARD OF COMMISSIONERS
May 12, 2022
MISCELLANEOUS RESOLUTION #22-183
Sponsored By: William Miller III
Board of Commissioners - Road Improvement Fiscal Year 2022 Appropriation with the City of
Farmington for Tri-Party Road Improvement Program — Project No. 56691
Chairperson and Members of the Board:
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 September 29, 2021, the Oakland County Board of Commissioners approved Miscellaneous
Resolution #21378 which appropriated $2,000,000 for the FY 2022 Tri-Party Road Improvement Program
allocation for projects managed by the RCOC; and
WHEREAS the City of Farmington, along with the RCOC, has identified a project and said project is ready to
be undertaken immediately; and
WHEREAS the project meets the terms and conditions of the Tri-Party Road Improvement Program and the
local cost participation agreement; and
WHEREAS in the event the FY 2023 Tri-Party Program Funds are not available, the COMMUNITY shall be
responsible for their one-third (1/3) share as well as the COUNTY'S one-third (1/3) share.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
the project submitted by the City of Farmington and authorizes the transfer of Tri-Party Road Improvement
Program funds in the amount of $60,978 from Non -Departmental Transfers appropriation (9090101).
BE IT FURTHER RESOLVED additional project costs, not greater than 15% from the original agreement,
which are consistent with the project as originally approved, will be paid when invoiced and appropriated in the
quarterly forecast resolution.
BE IT FURTHER RESOLVED that additional project costs exceeding 15% of the original agreement will
require a separate resolution.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
resolution to the Road Commission for Oakland County, Oakland County Fiscal Services, and the City of
Farmington.
BE IT FURTHER RESOLVED that the FY 2022 budget shall be amended as described in the attached
Schedule A — Budget Amendment. '
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: William Miller I11.
Date: May 12, 2022
David Woodward, Commissioner
, aqu11l�dJir Date: May 18, 2022
Hilarie Chambers, Deputy County Executive II
&��
Date: May 18 2022
Lisa Brown, County Clerk I Register of Deeds
COMMITTEE TRACKING
2022-05-04 Economic Development & Infrastructure - recommend to Board
2022-05-12 Full Board
VOTE TRACKING
Motioned by Commissioner William Miller III seconded by Commissioner Philip Weipert to adopt the attached
Road Improvement: Fiscal Year 2022 Appropriation with the City of Farmington for Tri-Party Road
Improvement Program —Project No. 56691.
Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall,
Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles Moss, Marcia
Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Gary
McGillivray, Robert Hoffman, Adam Kochenderfer (21)
No: None (0)
Abstain: None (0)
Absent: (0)
Passed
ATTACHMENTS
1. Schedule A -Budget Amendment Project No. 56691
2, 56691 Tri-Party - Farmington Agreement
3. 56691 Tri-Party - Farmington —REVISED
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 12, 2022, 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 on Thursday, May 12, 2022.
Lisa Brown, Oakland Comity Clerk l Register of Deeds
ProSad No. 56�4
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Quality Life through Good Roads "We Care" R 0 c
04/07/2022
Quarles / Fowkes
Inter —Departmental Memorandum
Programming Division
DATE: March 23, 2022
To: Samuel Fitzer, PIE., Director of Engineering
FROM: Thomas G. Noechel, Programming Supervisor ION
SUBJECT: PROJECT NO. 56691, FARMINGTON ROAD
ALTA LOMA DRIVE TO GRAND RIVER AVENUE
LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM
CITY OF FARMINGTON
Attached for your review and submission to the Board for their approval is the local cost
participation agreement with the City of Farmington for the reconstruction of Farmington
Road from Alta Loma Drive to Grand River Avenue. Construction on this project is
expected to begin this summer.
The estimated total cost is $1,200,000. The City of Farmington has elected to use the Tri-
Party Program in the amount of $182,933 along with a contribution of $867,067. Our total
estimated share is $210,977 and is in the FY22 budget.
The project is in the district of County Commissioner William Miller. The agreement is in
our standard approved format, and I recommend Board approval and authorize the
Managing Director to execute the agreement on behalf of the Board.
TGN/II
Attachments Samuel o191e1pSpnetl bySBj10"""e`
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Depl =slrtie�o rt.......
Fitzer Dale 30]30)n1900101]-09'00'
Department Review / Approval
olghlly If..by cen ice PI
Gary DNI <I,�o,ry .d Pwo-owio:, nI,
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Piotrowicz Delo'2PI'Iro022 "9® or, =UUS
MDO Review I Concur
COST PARTICIPATION AGREEMENT
CONSTRUCTION
Farmington Road
Alta Loma Drive to Grand River Avenue
City of Farmington
Board Project No. 56691
This Agreement, made and entered into this 7th day of April 2022,
by and between the Board of County Road Commissioners of the County of Oakland, Michigan,
hereinafter referred to as the BOARD, and the City of Farmington, hereinafter referred to as the
COMMUNITY, provides as follows;
WHEREAS, the BOARD and the COMMUNITY have programmed the road reconstruction,
described in Exhibit "A", attached hereto and made a part hereof, which improvements involve
roads under the jurisdiction of the BOARD and within the COMMUNITY, which improvements are
hereinafter referred to as the PROJECT; and
WHEREAS, the estimated total cost of the PROJECT is $1,200,000; and
WHEREAS, said PROJECT Involves certain designated and approved Tri-Party Program
funding in the amount of $182,933, which amount shall be paid through equal contributions by the
BOARD, the COMMUNITY, and the Oakland County Board of Commissioners, hereinafter
referred to as the COUNTY; and
WHEREAS, the BOARD and the COMMUNITY have reached a mutual understanding
regarding the cost sharing of the PROJECT and wish to commit that understanding to writing in
this Agreement,
NOW, THEREFORE, in consideration of the mutual covenants set forth herein and in
conformity with applicable law, it is hereby agreed between the COMMUNITY and the BOARD
that;
1. The COMMUNITY shall forthwith undertake and complete the PROJECT, as above
described, under Road Commission for Oakland County permit; and shall perform
or cause to be performed all . CONSTRUCTION engineering services and
administration in reference thereto,
2, The actual total cost of the PROJECT shall include total payments to the contractor.
3. The COMMUNITY shall comply with the provisions as set forth 'in Exhibit "B"
attached hereto.
4. The COMMUNITY shall comply with the liability and insurance requirements as set
forth in Exhibit "C" attached hereto.
5. The estimated total PROJECT cost of $1,200,000 shall be invoiced simultaneously
and proportionately as follows:
a. Tri-Party Program in the amount of $182,933.
b. The BOARD shall contribute $150,000 toward the PROJECT.
c. The COMMUNITY shall contribute $867,067 towards the PROJECT. The
COMMUNITY shall use the Tri- Party Program for the remaining LOCAL
SHARE of $182,933 and will be shared equally between the COMMUNITY,
COUNTY, and BOARD. Each share is estimated to be $60,978, This $182,933
includes $11,084 from FY2014, $11,518 from FY2015, $808 from FY2017,
$23,456 from FY2018, $23,226 from FY2019, $23,342 from FY2020, $22,443
from FY2021, $22,336,from FY2022, $22,360 from FY2023, and $22,360 from
FY2024.
d, The COMMUNITY agrees that any PROJECT costs above $1,200,000 will be
funded 100% by the COMMUNITY.
e. The COMMUNITY agrees to advance the FY2023 and FY2024 Tri-Party
Program funds and will invoice the BOARD and the COUNTY in February of
each year to reimburse the COMMUNITY for those shares.
6. Upon execution of this agreement, the COMMUNITY shall submit two invoices to
the BOARD:
a. The first invoice shall be payable by the BOARD in the amount of $196,070
(being 100% of the BOARD'S FY2014-FY2022 Tri-Party contribution of
$46,070 and 100% of the BOARD'S additional contribution of $150,000).
Farmington Road
City of Farmington
Project No. 56691
1/1112022
b. The second invoice shall be payable by the COUNTY in the amount of $46,071
(being 100% of the COUNTY'S FY2014-FY2022 Tri-Party contribution).
c. The invoices shall be sent to:
Laura Luebbert, Engineering Aide
Programming Division
Road Commission for Oakland County
31001 Lahser Road
Beverly Hills, MI 48025
7. After February 1, 2023, the COMMUNITY shall submit two invoices to the BOARD:
a. The first invoice shall be payable by the BOARD in the amount of $7,453 (being
100% of the BOARD'S FY2023 Tri-Party contribution).
b. The second invoice shall be payable by the COUNTY in the amount of $7,454
(being 100% of'the COUNTY'S FY2023 Tri-Party contribution).
c, The invoices shall be sent to:
Laura Luebbert, Engineering Aide
Programming Division
Road Commission for Oakland County
31001 Lahser Road
Beverly Hills, MI 48025
8, After February 1, 2024, the COMMUNITY shall submit two invoices to the BOARD:
a. The first invoice shall be payable by the BOARD in the amount of $7,454 (being
100% of the BOARD'S FY2024'Tri-Party contribution).
b. The second invoice shall be payable by the COUNTY in the amount of $7,453
(being 100% of the COUNTY'S FY2024 Tri-Party contribution).
c. The invoices shall be sent to:
Laura Luebbert, Engineering Aide
Programming Division
Road Commission for Oakland County
31001 Lahser Road
Beverly Hills, MI 48025
Farmington Road - 3 -
Cily of Farmington
Project No. 66W
1/11/2022
9. Within 90 days of completion of the PROJECT, the COMMUNITY shall submit to the
BOARD the following:
d. A cover letter originated by the COMMUNITY certifying that the PROJECT is
now complete.
e. A copy of the FINAL payment estimate paid to the contractor.
f. One copy of the complete set of the as -built construction plans containing the
adjusted quantities of the PROJECT.
Farmington Road
City of Farmington
Project No, 56691
1/11/2022
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
Digitally signed by Dennis
Dennis Kolar "°'ar
Date: 2022.04.08
By 134115.04'00'
Its Managing Director
CITY OF FARMINGTON
By QplprM—�i' l
Its lid d'yv--
Farmington Road
City of Farmington - 5
Project No, 56691
1/11/2022
Farmington Road
Alta Loma Drive to Grand River Avenue
City of Farmington
Board Project No. 56691
Road reconstruction on Farmington Road between Alta Loma Drive to Grand River Avenue.
ESTIMATED PROJECT COST
Contractor Payments: $1,200,000
Total Estimated Project Cost: $1,200,000
COST PARTICIPATION BREAKDOWN
FY14 Tri-Party Program
FYI Tri-Party Program
FYI Tri-Party Program
FYI Tri-Party Program
FYI Tri-Party Program
FY20 Tri-Party Program
FY21 Tri-Party Program
FY22 Tri-Party Program
FY23 Tri-Party Program*
FY24 Tri-Party Program"
Contribution
TOTAL SHARES
Farmington Road
City of Farmington
Project No, 56691
1/11/2022
COMMUNITY
$3,696
$3,83.9
$269
$7.819
_ $7.742
$7,781
$7.481
$7,445
_ $7,453__ I
$7,453
$867.067
$928,045 1
M.
COUNTY
BOARD
TOTAL I
$3.694
$3.694
$11,084
$3,840
$3.839
$11,518
$269
$270
$808
+I+
$7.818 I
$7.819
$23.456
$7.742 I
$7.742
I $23,226
$7.781
$7,780
1 $23,342
$7.481
$7.481
$22,443
$7.446
$7,445
$22,336
$7.454
$7.453
$22,360
$7,453
$7,454
( $22,360
$150.000
( $1,017,067
$60,978 (
- $210,977
$1,200,000
Exhibit B
PROVISIONS
Bidding: The COMMUNITY shall select the contractor for its share of the work, on a competitive basis by advertising
for sealed bids in accordance with its established practices,
Bonds — Insurance: The COMMUNITY shall require the contractor provide payment and performance bonds for the
PROJECT; said bonds to be in compliance with the provisions of 1963 PA 213 as amended, compiled at MCL 129,201,
at seq.
Further, the COMMUNITY shall require the contractor to provide insurance naming the Road Commission for Oakland
County as additional named insureds. Coverages 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 all applicable State,
Federal, and Local statutes ordinances, and regulations, and with RCOC regulations during performance of the
SERVICES and will require compliance of all subcontractors and subconsultants.
In accordance with Michigan 1976 PA 453, the COMMUNITY hereto agrees not to discriminate against an employee
or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, because of
race, color, religion, national origin, age, sex, height, weight, or marital status. Further, in accordance with Michigan
1976 PA No, 220, as amended, the parties hereby agree not to discriminate against an employee or applicant for
employment with respect to hire, tenure, terms, conditions or privileges of employment, or a matter directly or indirectly
related to employment, because of a disability that is unrelated to the individual's ability to perform the duties of a
particular job or position,
The COMMUNITY further agrees that it will require all subconsultants and subcontractors for this PROJECT comply
with this provision.
Governmental Function, Scope: It is declared that the work performed under this AGREEMENT is a governmental
function. It is the intention of the parties hereto that this AGREEMENT shall not be construed to waive the defense of
governmental immunity held by the RCOC, and the COMMUNITY.
Third Parties: This AGREEMENT is not for the benefit of any third party.
Farmington Road - 7 .
City of Farmington
Proleot No. 56691
1111/2022
EXHIBIT C
LIABILITY AND INSURANCE REQUIREMENTS
Hold Harmless Aareement; The Contractor shall hold harmless, represent, defend and indemnify the Board of County
Road Commissioners of Oakland County, the Road Commission for Oakland County, its officers and employees; the
County of Oakland; the Water Resources Drain Commissioner and relevant drainage district(s), if applicable; the
Michigan State Transportation Commission; the, Michigan Department of Transportation; and the local unit(s) of
government, within which the Project is located against all claims for damages to public or private property, for injuries
to persons, or for other claims arising out of the performance or non-performance of the contracted work, whether
during the progress or after the completion thereof,
Insurance Coverage: The Contractor, prior to execution of the contract, shall file with the Road Commission for Oakland
County, copies of complete certificates of insurance as evidence that he carries adequate insurance satisfactory to the
Board, Insurance coverage shall be provided in accordance with the following:
a. Workmen's Compensation Insurance: To provide protection for the Contractor's employees, to the statutory
limits of the State of Michigan and $500,000 employer's liability. The indemnification obligation under this
section shall not be limited in any ways by any limitation on the amount or type of damages, compensation or
benefits payable by or for the Contractor under worker's disability compensation coverage established by law.
b. Bodily Injury and Property Damage Other than Automobile: To afford protection against all claims for damages
to public or private property, and injuries to,persons arising out of and during the progress and to the completion
of the work, and with respect to product and completed operations for one year after completion of the work.
1, Bodily Injury Liability or: Single Limit: Bodily Injury and Property Damage
Each Person: $1,000,000 Each Occurrence: $1,000,000
Each Occurrence $1,000,000 Aggregate: $2,000,000
Aggregate $2,000,000
Property Damage Liability:
Each Occurrence: $250,000
Aggregate; $250,000
Such insurance shall include: 1) explosion, collapse, and underground damage hazards (x,c,u), which shall
include, but not be limited to coverage for (a) underground damage to facilities due to drilling and excavating
with mechanical equipment; and (b) collapse or structural injury to structures due to blasting or explosion,
excavation, tunneling, pile driving, cofferdam work, or building moving or demolition; (2) products and
completed operations; (3) contractual liability; and (4) independent contractors coverage.
Farmington Road - g -
City of Farmington
Project No. 56691
1/11/2022
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 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.
EXHIBIT C PAGE 2
Farmington Road
City of Farmington
Prolaat No. 56691
1/1112022
14C
Quality Life through Good Roads "We Care" D c o c
05/05/2022
Inter -Departmental Memorandum Quarles / Fowkes
Programming Division
DATE: April 13, 2022
To: Samuel Fitzer, P.E., Director of Engineering
FROM: Thomas G. Noechel, Programming Supervisor 7G/l/
SUBJECT: PROJECT NO. 56691, FARMINGTON ROAD
ALTA LOMA DRIVE TO GRAND RIVER AVENUE
LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM
CITY OF FARMINGTON
(AMENDMENT TO AGREEMENT DATED 0410712022)
Attached for your review and submission to the Board for their approval is the amended
local cost participation agreement with the City of Farmington for the reconstruction of
Farmington Road from Alta Loma Drive to Grand River Avenue. Construction on this
project is expected to begin this summer.
The estimated total cost is $1,200,000. The City of Farmington has elected to use the Tri-
Party Program in the amount of $182,033 along with a contribution of $842,067, Our total
estimated share is $221,070 and is in the FY22 budget.
The project is in the district of County Commissioner William Miller. The agreement is in
our standard approved format, and I recommend Board approval and authorize the
Managing Director to execute the agreement on behalf of the Board.
TGN/A
Attachments Samuel pig1ta1 p`r q! m=5amvd FRn,n=En..,r g
oepanm�m,o�=°vwoc
omail=mlurmrco� mq,=us
Itter
Department Review / Approval
Digitally signed by Gary
Gary F(Owcz
Piotrowicz Date: 2022.04.2714.43:44
04'00'
MDO Review / Concur
AMENDED COST PARTICIPATION AGREEMENT
CONSTRUCTION
Farmington Road
Alta Loma Drive to Grand River Avenue
City of Farmington
Board Project No, 56691
This Agreement, made and entered into this 5th day of May 2022,
by and between the Board of County Road Commissioners of the County of Oakland, Michigan,
hereinafter referred to as the BOARD, and the City of Farmington, hereinafter referred to as the
COMMUNITY, provides as follows:
WHEREAS, the BOARD and the COMMUNITY have programmed the road reconstruction,
described in Exhibit "A", attached hereto and made a part hereof, which improvements involve
roads under the jurisdiction of the BOARD and within the COMMUNITY, which improvements are
hereinafter referred to as the PROJECT; and
WHEREAS, the estimated total cost of the PROJECT is $1,200,000; and
WHEREAS, said PROJECT involves certain designated and approved Tri-Party Program
funding in the amount of $182,933, which amount shall be paid through equal contributions by the
BOARD, the COMMUNITY, and the Oakland County Board of Commissioners, hereinafter
referred to as the COUNTY; and
WHEREAS, the BOARD and the COMMUNITY have reached a mutual understanding
regarding the cost sharing of the PROJECT and wish to commit that understanding to writing in
this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein and in
conformity with applicable law, it is hereby agreed between the COMMUNITY and the BOARD
that: ,
1. The COMMUNITY shall forthwith undertake and complete the PROJECT, as above
described, under Road Commission for Oakland County permit; and shall perform
or cause to be performed all CONSTRUCTION engineering services and
administration in reference thereto.
2. The actual total cost of the PROJECT shall include total payments to the contractor.
3. The COMMUNITY shall comply with the provisions as set forth in Exhibit "B"
attached hereto.
4. The COMMUNITY shall comply with the liability and insurance requirements as set
forth in Exhibit "C" attached hereto,
5. The estimated total PROJECT cost of $1,200,000 shall be invoiced simultaneously
and proportionately as follows:
a. Tri-Party Program in the amount of $182,933.
b. The BOARD shall contribute $175,000 toward the PROJECT.
c. The COMMUNITY shall contribute $842,067 towards the PROJECT. The
COMMUNITY shall use the Tri-Party Program for the remaining LOCAL
SHARE of $182,933 and will be shared equally between the COMMUNITY,
COUNTY, and BOARD. Each share is estimated to be $60,978.,This $182,933
includes $11,084 from FY2014, $11,518 from FY2015, $808 from FY2017,
$23,456 from FY2018, $23,226 from FY2019, $23,342 from FY2020, $22,443
from FY2021, $22,336 from FY2022, $22,360 from FY2023, and $22,360 from
FY2024.
d. The COMMUNITY agrees that any PROJECT costs above $1,200,000 will be
funded 100% by the COMMUNITY.
e. The COMMUNITY agrees to advance the FY2023 and FY2024 Tri-Party
Program funds and will invoice the BOARD and the COUNTY in February of
each year to reimburse the COMMUNITY for those shares.
6. Upon execution of this agreement, the COMMUNITY shall submit two invoices to
the BOARD:
a. The first invoice shall be payable by the BOARD in the amount of $221,070
(being 100% of the BOARD'S FY2014-FY2022 Tri-Party contribution of
$46,070 and 100% of the BOARD'S additional contribution of $175,000).
Farmington Road _ 2
City of Farmington
Project No. 56691
4112/2022
b. The second invoice shall be payable by the COUNTY in the amount of $46,071
(being 100% of the COUNTY'S FY2014-FY2022 Tri-Party contribution).
c. The invoices shall be sent to:
Laura Luebbert, Engineering Aide
Programming Division
Road Commission for Oakland County
31001 Lahser Road
Beverly Hills, MI 48025
7. After February 1, 2023, the COMMUNITY shall submit two invoices to the BOARD:
a. The first invoice shall be payable by the BOARD in the amount of $7,453 (being
100% of the BOARD'S F,Y2023 Tri-Party contribution).
b. The second invoice shall be payable by the COUNTY in the amount of $7,454
(being 100% of the COUNTY'S FY2023 Tri-Party contribution).
c. The invoices shall be sent to:
Laura Luebbert, Engineering Aide
Programming Division
Road Commission for Oakland County
31001 Lahser Road
Beverly Hills, MI 48025
8. After February 1, 2024, the COMMUNITY shall submit two invoices to the BOARD:
a. The first invoice shall be payable by the BOARD in the amount of $7,454 (being
100% of the BOARD'S FY2024 Tri-Party contribution).
b. The second invoice shall be payable by the COUNTY in the amount of $7,453
(being 100% of the COUNTY'S FY2024 Tri-Party contribution).
c. The invoices shall be sent to:
Laura Luebbert, Engineering Aide
Programming Division
Road Commission for Oakland County
31001 Lahser Road
Beverly Hills, MI 48025
Farmington Road _ 3
Clty of Farmington
Project No, 56691
4/12/2022
9. Within 90 days of completion of the PROJECT, the COMMUNITY shall submit to the
BOARD the following:
d. A cover letter originated by the COMMUNITY certifying that the PROJECT is
now complete.
e. A copy of the FINAL payment estimate paid to the contractor.
f. One copy of the complete set of the as -built construction plans containing the
adjusted quantities of the PROJECT.
Farmington Road
City of Farmington
Project No. 56691
4/1212022
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
Digitally skgned by Dennis
Dennis KolarK°'a`
Date: 202205.05
By 1210kI3-04'00'
Its Managing Director
CITY OF FARMINGTON
nn �/ L
Its l� I `� Arc 1-7
J ✓
Farmington Road - 5 -
City of Farmington
Project No, 66691
4112/2022
TRI-PARTY PROGRAM
Farmington Road
Alta Loma Drive to Grand River Avenue
City of Farmington
Board Project No. 56691
Road reconstruction on Farmington Road between Alta Loma Drive to Grand River Avenue
ESTIMATED PROJECT COST
Contractor Payments:
$1,200,000
Total Estimated
Project Cost:
$1,200,000
COST PARTICIPATION
BREAKDOWN
FY14 Tri-Party Program
FYI Tri-Party Program
FYI Tri-Party Program
COMMUNITY
$3,696
$3,839
$269
COUNTY
$3,694
$3,840
$269
BOARD
$3,694
$3,839
$270
TOTAL
$11,084
$11,518
$808
FYI Tri-Party Program
$7,819
$7,818
$7,819
$23,456
FYI Tri-Party Program
FY20 Tri-Party Program
FY21 Tri-Party Program
FY22 Tri-Parry Program
FY23 Tri-Party Program*
FY24 Tri-Party Program*
(Contribution
$7,742
$7,781
$7,481
$7,445
$7,453
$7,453
$842,067
$7,742
$7,781
$7,481
$7,446
$7,454
$7,453
$7,742
$7,780
$7,481
$7,445
$7,453
$7,454
$175,000
$23,226
$23,342
$22,443
$22,336
$22,360
$22,360
$1,017,067
TOTAL SHARESI
$90$,045
$60,978
$235,977
$1,200,000
Farmington Road _ 6
City of Farmington
Project No. 56691
4/12/2022
;
Bidding: The COMMUNITY shall select the contractor for its share of the work, on a competitive basis by advertising
for sealed bids In accordance with its established practices,
Bonds — Insurance: The COMMUNITY shall require the contractor provide payment and performance bonds for the
PROJECT; said bonds to be in compliance with the provisions of 1963 PA 213 as amended, compiled at MCL 129.201,
at seq.
Further, the COMMUNITY shall require the contractor to provide insurance naming the Road Commission for Oakland
County as additional named Insureds. Coverages 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 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,
Farmington Road
City of Farmington
Project No. 66691
4112I2022
EXHIBIT C
LIABILITY AND INSURANCE REQUIREMENTS
Hold Harmless Aareement; 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 distrlct(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 Coveraae: The Contractor, prior to execution of the contract, shall file with the Road Commission for Oakland
County, copies of complete certificates of insurance as evidence that he carries adequate insurance satisfactory to the
Board. Insurance coverage shall be provided in accordance with the following:
a. Workmen's Compensation Insurance: To provide protection for the Contractor's employees, to the statutory
limits of the State of Michigan and $500,000 employer's liability, The indemnification obligation under this
section shall not be limited in any ways by any limitation on the amount or type of damages, compensation or
benefits payable by or for the Contractor under worker's disability compensation coverage established by law,
b. Bodily Injury and Property Damage Other than Automobile; To afford protection against all claims for damages
to public or private property, and injuries to persons arising out of and during the progress and to the completion
of the work, and with respect to product and completed operations for one year after completion of the work.
1. Bodily Injury Liability or: Single Limit: Bodily Injury and Property Damage
Each Person: $1,000,000 Each Occurrence: $1,000,000
Each Occurrence $1,000,000 Aggregate: $2,000,000
Aggregate $2,000,000
Property Damage Liability:
Each Occurrence: $250,000
Aggregate: $250,000
Such Insurance shall Include: 1) explosion, collapse, and underground damage hazards (x,c,u), which shall
include, but not be limited to coverage for (a) underground damage to facilities due to drilling and excavating
with mechanical equipment; and (b) collapse or'structural injury to structures due to blasting or explosion,
excavation, tunneling, pile driving, cofferdam work, or building moving or demolition; (2) products and
completed operations; (3) contractual liability; and (4) Independent contractors coverage,
Farmington Road
City of Farmington
Project No. 56691
4/12/2022
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 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.
EXHIBIT C PAGE 2
Farmington Road
City of Farmington
Project No, 56691
4/12/2022