HomeMy WebLinkAboutResolutions - 2023.04.20 - 38122
AGENDA ITEM: Fiscal Year 2023 Appropriation with the Charter Township of Groveland for Tri-Party
Road Improvement Program – Project No. 57152
DEPARTMENT: Board of Commissioners
MEETING: Board of Commissioners
DATE: Thursday, April 20, 2023 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-2714 _ 23-61
Motion to adopt the attached suggested resolution.
ITEM CATEGORY SPONSORED BY
Road Improvement Robert Hoffman
INTRODUCTION AND BACKGROUND
BUDGET AMENDMENT REQUIRED: Yes
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional
information.
CONTACT
ITEM REVIEW TRACKING
Yolanda Smith Charles, Board of Commissioners Created/Initiated - 4/20/2023
David Woodward, Board of Commissioners Approved - 4/20/2023
Hilarie Chambers, Executive's Office Approved - 4/24/2023
Lisa Brown, Clerk/Register of Deeds Final Approval - 4/24/2023
AGENDA DEADLINE: 04/20/2023 6:00 PM
ATTACHMENTS
1. 57152 Schedule A-Budget Amendment
2. 57152 Tri-Party_Groveland Twp
COMMITTEE TRACKING
2023-04-12 Economic Development & Infrastructure - Recommend to Board
2023-04-20 Full Board - Adopt
Motioned by: Commissioner Robert Hoffman
Seconded by: Commissioner Michael Gingell
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen
Nelson, Christine Long, Robert Hoffman, Philip Weipert, Marcia Gershenson, Janet Jackson,
William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman (16)
No: None (0)
Abstain: None (0)
Absent: Gary McGillivray, Gwen Markham, Angela Powell (3)
Passed
April 20, 2023
RESOLUTION #2023-2714 _ 23-61
Sponsored By: Robert Hoffman
Board of Commissioners - Fiscal Year 2023 Appropriation with the Charter Township of
Groveland for Tri-Party Road Improvement Program – Project No. 57152
Chair 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, 2022, the Oakland County Board of Commissioners approved
Miscellaneous Resolution #22332 which appropriated $2,000,000 for the FY 2023 Tri-Party Road
Improvement Program allocation for projects managed by the RCOC; and
WHEREAS the Charter Township of Groveland, 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.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the project submitted by the Charter Township of Groveland and authorizes the transfer of
Tri-Party Road Improvement Program funds in the amount of $20,931 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
Charter Township of Groveland.
BE IT FURTHER RESOLVED that the FY 2023 budget shall be amended as described in the
attached Schedule A – Budget Amendment.
Chair, the following Commissioners are sponsoring the foregoing Resolution: Robert Hoffman.
Date: April 20, 2023
David Woodward, Commissioner
Date: April 24, 2023
Hilarie Chambers, Deputy County Executive II
Date: April 24, 2023
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2023-04-12 Economic Development & Infrastructure - Recommend to Board
2023-04-20 Full Board - Adopt
Motioned by Commissioner Robert Hoffman seconded by Commissioner Michael Gingell to adopt the
attached Road Improvement : Fiscal Year 2023 Appropriation with the Charter Township of
Groveland for Tri-Party Road Improvement Program – Project No. 57152 .
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson,
Christine Long, Robert Hoffman, Philip Weipert, Marcia Gershenson, Janet Jackson, William Miller
III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman (16)
No: None (0)
Abstain: None (0)
Absent: Gary McGillivray, Gwen Markham, Angela Powell (3)
Passed
ATTACHMENTS
1. 57152 Schedule A-Budget Amendment
2. 57152 Tri-Party_Groveland Twp
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 April
20, 2023, 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, April 20, 2023.
Lisa Brown, Oakland County Clerk / Register of Deeds
Oakland County, Michigan
Board of Commissioners - Fiscal Year 2023 Appropriation with the Charter Township of Groveland for Tri-Party Road Improvement Program – Project No. 57152
Schedule "A" DETAIL
R/E Fund Name Division Name
Fund #
(FND)
Cost Center
(CCN) #
Account #
(RC/SC)
Program #
(PRG)
Grant ID
(GRN) #
Project ID #
(PROJ)
Region
(REG)
Budget
Fund
Affiliate
(BFA)
Ledger
Account
Summary Account Title
FY 2023
Amendment
FY 2024
Amendment
FY 2025
Amendment
E General Fund Non-Department FND10100 CCN9010101 PRG153010 SC740135 740000 Road Commission Tri-Party $20,931.00 $-$-
E General Fund Non-Department FND10100 CCN9090101 PRG196030 SC740135 740000 Road Commission Tri-Party (20,931.00)--
Total Expenditures $-$-$-
Quality Life through Good Roads “We Care”
Inter–Departmental Memorandum
Programming Division
DATE:February 15, 2023
TO:Samuel Fitzer, P.E., Director of Engineering
FROM:Thomas G. Noechel, Programming Supervisor
SUBJECT:PROJECT NO. 57172, 2023 GRAVEL ROAD PROGRAM
VARIOUS COUNTY ROADS
LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM
CHARTER TOWNSHIP OF GROVELAND
Attached for your review and submission to the Board for their approval is the local cost
participation agreement with the Charter Township of Groveland for the spreading of
gravel and chloride on various county roads within the township. This work is expected to
be completed this summer.
The Charter Township of Groveland has elected to use the Tri-Party Program to fund the
estimated total project cost of $62,793. Our share is estimated to be $20,931 and is in
the FY23 budget.
The project is in the district of County Commissioner Robert Hoffman. 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/ll
Attachments
Department Review / Approval
MDO Review / Concur
Samuel
Fitzer
Digitally signed by Samuel Fitzer
DN: cn=Samuel Fitzer,
o=Engineering Department,
ou=Director,
email=sfitzer@rcoc.org, c=US
Date: 2023.02.22 08:53:34 -05'00'
Gary
Piotrowicz
Digitally signed by
Gary Piotrowicz
Date: 2023.02.22
14:04:52 -05'00'
15D
COST PARTICIPATION AGREEMENT
2023 GRAVEL ROAD PROGRAM
Charter Township of Groveland
Board Project No. 57152
This Agreement, made and entered into this day of _______________, 2023,
by and between the Board of County Road Commissioners of the County of Oakland, Michigan,
hereinafter referred to as the BOARD, and Charter Township of Groveland, hereinafter referred
to as GROVELAND, provides as follows:
WHEREAS, the BOARD and GROVELAND have agreed to program the spreading of
gravel and chloride 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 GROVELAND, which are hereinafter referred to as the PROJECT; and
WHEREAS, the estimated total cost of the PROJECT is $62,793; and
WHEREAS, the PROJECT involves certain designated and approved Tri-Party Program
funding in the amount of $62,793 which amount shall be paid through equal contributions by the
BOARD, GROVELAND, and the Oakland County Board of Commissioners, hereinafter referred
to as the COUNTY; and
WHEREAS, the BOARD and GROVELAND 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 GROVELAND and the BOARD that:
1. GROVELAND shall forthwith undertake and complete the PROJECT, as above
described, and shall perform all engineering, inspection, and administration in
reference thereto.
2nd March
2023 Gravel Road Program
Charter Township of Groveland
Project No. 57152
2/13/2023
- 2 -
2. The actual total cost of the PROJECT shall include total payments to the contractor.
3. GROVELAND shall comply with the provisions set forth in Exhibit “B” attached hereto.
4. GROVELAND shall comply with the liability and insurance requirements as set forth
in Exhibit “C” attached hereto.
5. The estimated total PROJECT cost of $62,793 shall be allocated as follows:
a. Tri-Party Program funding in the amount of $62,793.
b. Any PROJECT costs above the Tri-Party Program funding of $62,793 will be
funded first with any available Tri-Party Program funds. If no Tri-Party Program
funds are available, any PROJECT costs above $62,793 will be funded 100%
by GROVELAND.
6. Upon execution of this Agreement, GROVELAND shall submit two invoices to the
BOARD:
a. The first invoice shall be payable by the BOARD in the amount of $20,931
(being 100% of the BOARD’S Tri-Party Program contribution).
b. The second invoice shall be payable by the COUNTY in the amount of $20,931
(being 100% of the COUNTY’S Tri-Party Program contribution).
c. The invoices shall be sent to:
Laura Luebbert, Engineering Aide
Road Commission for Oakland County
31001 Lahser Road
Beverly Hills, MI 48025
Managing Director
2023 Gravel Road Program
Charter Township of Groveland
Project No. 57152
2/13/2023
- 4 -
Contractor Payments:$62,793
GROVELAND COUNTY BOARD TOTAL
$20,931 $20,931 $20,931 $62,793
$20,931 $20,931 $20,931 $62,793TOTAL SHARES
COST PARTICIPATION BREAKDOWN
ESTIMATED PROJECT COST
TRI-PARTY PROGRAM
EXHIBIT A
T R I - P A R T Y P R O G R A M
2023 Gravel Road Program
Charter Township of Groveland
Board Project No. 57152
Spreading of gravel and chloride on various roads within the township.
Exhibit B
PROVISIONS
Bidding: GROVELAND 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: GROVELAND 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, et seq.
Further, GROVELAND 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: GROVELAND 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, GROVELAND 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.
GROVELAND 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 GROVELAND.
Third Parties: This AGREEMENT is not for the benefit of any third party.
2023 Gravel Road Program
Charter Township of Groveland
Project No. 57152
2/13/2023
- 6 -
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 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,
2023 Gravel Road Program
Charter Township of Groveland
Project No. 57152
2/13/2023
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excavation, tunneling, pile driving, cofferdam work, or building moving or demolition; (2) products and
completed operations; (3) contractual liability; and (4) independent contractors coverage.
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.
f. 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