HomeMy WebLinkAboutResolutions - 2026.06.11 - 42980
AGENDA ITEM: Fiscal Year 2026 Appropriation with the City of Rochester for Tri-Party Road
Improvement Program – Project No. 58601
DEPARTMENT: Board of Commissioners
MEETING: Board of Commissioners
DATE: Thursday, June 11, 2026 6:30 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2026-6580
Motion to approve Project No. 58601 submitted by the City of Rochester and authorize the transfer
of Tri-Party Road Improvement Program funds in the amount of $90,932 from Non-Departmental
Transfers appropriation (9090101); further, amend the FY 2026 budget as detailed in the attached
Schedule A – Budget Amendment; further, request that the Oakland County Clerk forward copies of
this resolution to the Road Commission for Oakland County, Oakland County Fiscal Services, and
the Community.
ITEM CATEGORY SPONSORED BY
Budget Amendment Michael Spisz
INTRODUCTION AND BACKGROUND
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). On September 18, 2025, the Oakland County
Board of Commissioners approved Resolution #2025-5690 _ 25-33 which appropriated $2,000,000
for the FY 2026 Tri-Party Road Improvement Program allocation for projects managed by the
RCOC. The community, along with the RCOC, has identified a project and said project is ready to
be undertaken immediately. The project meets the terms and conditions of the Tri-Party Road
Improvement Program and the local cost participation agreement.
Project Description: For the construction of the right turn lane on Dequindre Road at Runyon Road.
Construction on this project is expected to begin in 2026.
FISCAL IMPACT: Budget Amendment Attached
Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at
248.821.3065 or winterb@oakgov.com or the department contact persons listed for additional
information.
CONTACT
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 6/11/2026
AGENDA DEADLINE: 05/28/2026 4:30 PM
ATTACHMENTS
1. 58601_Tri-Party_Schedule A-Budget Amendment
2. 58601_Tri-Party_Rochester
COMMITTEE TRACKING
2026-06-03 Economic Development & Infrastructure - Recommend to Board
2026-06-11 Full Board - Adopt
Motioned by: Commissioner Michael Gingell
Seconded by: Commissioner Robert Hoffman
Yes: Charles Cavell, Ann Erickson Gault, Michael Gingell, Marcia Gershenson, Robert Hoffman,
Brendan Johnson, Karen Joliat, Christine Long, Penny Luebs, Gwen Markham, William Miller III,
Kristen Nelson, Angela Powell, Robert Smiley, Yolanda Smith Charles, Michael Spisz, Linnie
Taylor, Philip Weipert, David Woodward (19)
No: None (0)
Abstain: None (0)
Absent: (0)
Passed
Oakland County, Michigan
Board of Commissioners - Fiscal Year 2026 Appropriation with the City of Rochester for Tri-Party Road Improvement Program - Project No. 58601
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 2026
Amendment
FY 2027
Amendment
FY 2028
Amendment
E General Fund Non-Department FND10100 CCN9010101 SC740135 PRG153010 740000 Road Commission Tri-Party $90,932.00 $- $-
E General Fund Non-Department FND10100 CCN9090101 SC740135 PRG196030 740000 Road Commission Tri-Party $(90,932.00)$- $-
Total Expenditures $- $- $-
Quality Life through Good Roads “We Care”
Inter–Departmental Memorandum
Programming Division
DATE: April 30, 2026
TO: Samuel Fitzer, P.E., Director of Engineering
FROM: Michael Smith, Manager, Project Development
SUBJECT: PROJECT NO. 58601, DEQUINDRE ROAD
AT RUNYON ROAD
LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM
CITY OF ROCHESTER
Attached for your review and submission to the Board for their approval is the local cost
participation agreement with the City of Rochester for the construction of the right turn
lane at Runyon Road. Construction on this project is expected to begin in 2026.
The City of Rochester has elected to use the Tri-Party Program to fund the estimated total
project cost of $272,795. Our share is estimated to be $90,931 and is in the FY26 budget.
The project is in the district of County Commissioner Michael Spisz. 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.
MS/ac
Attachments
Department Review / Approval
MDO Review / Concur
Mike Smith
Digitally signed by
Mike Smith
Date: 2026.04.30
10:06:05 -04'00'
Samuel Fitzer
Digitally signed by Samuel Fitzer
DN: C=US, E=sfitzer@rcoc.org,
O=Road Commission for
Oakland County,
OU=Engineering, CN=Samuel
Fitzer
Date: 2026.04.30 10:51:02-04'00'
11
COST PARTICIPATION AGREEMENT
CONSTRUCTION
Dequindre Road
At Runyon Road
City of Rochester
Board Project No. 58601
This Agreement, made and entered into this day of 2026,
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 Rochester, hereinafter referred to as the
COMMUNITY, provides as follows:
WHEREAS, the BOARD and the COMMUNITY have programmed the construction of a
right turn lane, 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 $272,795; and
WHEREAS, said PROJECT Involves certaln designated and approved Tri-Party Program
funding in the amount of $272,795, 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:
46
7th May
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 $272,795 shall be invoiced simultaneously
and proportionately as follows:
a.Tri-Party Program in the amount of $272,795.
6.
Dequindre Road
City of RochesterProlect No 58601Project No. 586013/27/2026
b.The COMMUNITY agrees that any PROJECT costs above the Trl-Party
Program funding of $272,795 will be funded 100% by the COMMUNITY.
Upon execution of this agreement, the COMMUNITY shall submit two invoices to
the BOARD:
a.
b.
The first invoice shall be payable by the BOARD in the amount of $90,931
(being 100% of the BOARD's Tri-Party contribution).
The second invoice shall be payable by the COUNTY in the amount of $90,932
(being 100% of the COUNTY'S Tri-Party contribution).
c. The invoices shall be sent to:
Engineering Aide
Programming Department
Road Commission for Oakland County
31001 Lahser Road
Beverly Hills, MI 48025
-2-
47
7.Within 90 days of completion of the PROJECT, the COMMUNITY shall submit to
the BOARD the following:
a.
b.
C.
A cover letter originated by the COMMUNITY certifying that the PROJECT is
now complete.
A copy of the FINAL payment estimate paid to the contractor.
One copy of the complete set of the as-built construction plans containing the
adjusted quantities of the PROJECT.
Dequ'ndre Road
City of RochasierCily of Rochester
Projecl No. 58601
327/2026
-3-
48
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
date first written above.
BOARD OF ROAD COMMISSIONERS OF THЕ
COUNTY OF OAKLAND
A Public Body Corporate
By
Its
City of Rochester
Drdoroy JoruaMayor
Dequindre RoadCitydRotaclerCity of Rochester
Project No. 58601
3/27/2026
-4-
Executive Managing Director
EXHIBITТ А
TRI-PARTY PROGRAM
Dequindre Road
At Runyon Road
City of Rochester
Board Project No. 58601
Construction of right turn lane.
ESTIMATED PROJECT COST
Contractor Payments $272,795
Total Estimated Project Cost $272,795
COST PARTICIPATION BREAKDOWN
COMMUNITY COUNTY BOARD TOTAL
Tri-Party Program $90,932 $90,932 $90,931 $272,795
TOTAL SHARES $90,932 $90,932 $90,931 $272,795
Dequindre Road
City of RochesterProlocd No 680Proect No, 58601
3/27/2026
-5-
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,
et 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
Slate, 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
parlicular 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 partles hereto that this AGREEMENT shall not be construed to waive the defense of
governmental immunity held by the RCOC, and the COMMUNITY.
Third Partles: This AGREEMENT is not for the benefit of any third party.
51
EXHIBIT С
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.
b.
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 lype of damages, compensation or
benefits payable by or for the Contractor under worker's disability compensation coverage established by law.
Bodily Injury and Property Damage Other than Automobile: To afford protection against all claims for damages
to public or private property, and injurles 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
Each Person:
Each Occurrence
Aggregale
or:
$1,000,000 Each Occurrence: $1,000,000
$1,000,000
Single Limit: Bodily Injury and Property Damage
Aggregate: $2,000,000
$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.
Dequindre RoadCityof RoctheelorCity of RochesterProlect No. 58601
3/27/2026
-7-
52
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
Each Person $500,000
Single Limit: Bodily Injury and Property Damage Liability
Each Occurrence: $2,000,000
Each Occurrence $1,000,000
f.
C.
d.
e.
Property Damage Liability:
Each Occurrence: $1,000,000
Such insurance shall include coverage for all owned, hired, and non-owned vehicles.
Excess and Umbrellas Insurance - The Contractor may substitute corresponding excess and/or umbrella
liabililty insurance for a portion of the above listed requirements in order to meet the specified minimum limits
of liability.
The Contractor shall provide for and on behalf of the Road Commisslon for Oakland County and all agencies
specified by the Road Commission, as their interest may appear, Owner's Protective Public Llability Insurance.
Such insurance shall provide coverage and limits the same as the Contractor's Public Liability Insurance.
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 Counly. 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 Contraclor 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.
Dequindre Road
City of Rochester
Project No. 58601
3/27/2026
-8-
53
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