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HomeMy WebLinkAboutResolutions - 2015.07.29 - 21924MISCELLANEOUS RESOLUTION #15188 BY: Commissioners Marcia Gershenson, District #13; Chris Long, District #7 IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2015 APPROPRIATION — CHARTER TOWNSHIP OF WEST BLOOMFIELD — WIDENING AND RECONSTUCTION OF MAPLE ROAD - PROJECT NO. 52661 AND PROJECT NO. 52041 To the Oakland County Board of Commissioners: Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tr-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; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any Oakland County appropriation in support of the Tr-Party Road Improvement Program shall be distributed only after completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have identified a project and the project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits a resolution authorizing the appropriation of the County's 1/3 share of the project from the General Fund Designated Fund Balance for Tr-Party Program. The resolution shall be approved by the Finance Committee and the full Board; and WHEREAS the Charter Township of West Bloomfield, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its 1/3 share of the funding for the project in the Charter Township of West Bloomfield and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of West Bloomfield has demonstrated that it has authorized its 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 2015 authorized amount of Tr- Party Road Improvement funding for Project No. 52661 and Project No. 52041 in the Charter Township of West Bloomfield is $313,389. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of West Bloomfield and authorizes the release of Tr-Party Road Improvement Program funds from the Oakland County Designated 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 Finance Committee 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 West Bloomfield. Chairperson, I move the adoption of the foregoing Resolution. Commissioner Marti& Gershenson District #13 6/30/i s Thomas G. Blust, RE. Director of Engineering Quail?), 14fe through Good Roads "We Care" 7C--).191;;S Ar-75:SVO: Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: June 23, 2015 To: Thomas G. Blust, P.E., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor SUBJECT: PROJECT NO. 52661, MAPLE ROAD HAGGERTY ROAD TO DRAKE ROAD PROJECT NO. 52041, MAPLE ROAD DRAKE ROAD TO ORCHARD LAKE ROAD LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM CHARTER TOWNSHIP OF WEST BLOOMFIELD Attached for your review and submission to the Board for their approval is the local cost participation agreement with the Charter Township of West Bloomfield for the widening and reconstruction of Maple Road from Haggerty Road to Orchard Lake Road. Construction on this project is expected to begin in 2016. The estimated total cost is $12,250,000 and will be partially funded with Surface Transportation Program funds in the amount of $7,350,000. The local match of $4,900,000 will be funded with $940,168 in Tr-Party funds, a $1,509,832 contribution from the Charter Township of West Bloomfield, and a $2,450,000 contribution from the Board. Our total estimated share is $2,763,390 and is in the FY15 budget. The project is in the district of County Commissioners Christine Long and Marcia Gershenson. 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. ije Attachments Recommended for Board Approval to\-\ I=T:Z=71? OA D COMMISSION for OAKLAND COUNTY QUALITY LIFE /]-FRoilGo GoDO ROADS: .04.0 COMMISSION FOR OAKLANO COUNTY 'WE CARE." July 9, 2015 Ms. Catherine Shaughnessy Township Clerk Charter Township of West Bloomfield P.O. Box 250130 West Bloomfield, Ml 48325-0130 RE: Project No. 52661, Maple Road, Haggerty Road to Drake Road Project No, 52041, Maple Road, Drake Road to Orchard Lake Road Dear Ms. Shaughnessy: A fully signed and executed agreement for the above-referenced projects is enclosed. The agreement was approved at the regularly scheduled Board meeting of Thursday, July 9, 2015, and subsequently signed by Dennis G. Kolar, RE., Managing Director. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645- 2000 ext. 2266 to answer any questions or for additional information. Sincerely, 3oard of Road Commissioners Runaid J, Fowkes C2ammissioner Gregory C. JaMiall Commissioner Eric S. Wilson Commissioner Dennis G. Kolar, P.E. Manacfing Director Gary Piotrowicz, P.E„ P. T.O.E. Deputy Menaging Director County Highway Engineer Patricia Z.'Wierzbicki Deputy-Secretary /Clerk of the Board Clerk of the Board /sm 31001 Lahser Road Beverly Hills, MI 48025 248-645-2000 FAX 248-645-1349 Enclosure cc Finance Department Engineering Department Programming Division Lynn Sonkiss www.rcocweb.org COST PARTICIPATION AGREEMENT CONSTRUCTION Maple Road Project No. 52661 — Haggerty Road to Drake Road Project No. 52041 — Drake Road to Orchard Lake Road Charter Township of West Bloomfield This Agreement, made and entered into this TIAN... day of ---\V , 2015, by and between the Board of Road Commissioners for the County of Oakland, Michigan, hereinafter referred to as the BOARD, and the Charter Township of West Bloomfield, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD and the COMMUNITY, in cooperation with the Michigan Department of Transportation, hereinafter referred to as MDOT, have programmed the widening and reconstruction on Maple Road from Haggerty Road to Orchard Lake Road, as 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 $12,250,000; and WHEREAS, the BOARD will enter into a contract with MDOT for partial funding of the PROJECT with federal program dollars under the Surface Transportation Program estimated in the amount of $7,350,000; and WHEREAS, the BOARD, as the requesting party therein, will be the party financially responsible to MDOT to bear all costs of the PROJECT in excess of federal funds, hereinafter referred to as the LOCAL SHARE; and WHEREAS, the COMMUNITY'S share of said LOCAL SHARE involves certain designated and approved Tr-Party Program funding in the amount of $940,168, which 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, all the parties hereto have reached a mutual understanding regarding the cost sharing for the LOCAL SHARE 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 approves of the PROJECT, declares its public necessity, and authorizes the BOARD and MOOT to perform or cause to be performed, and complete the PROJECT along with all administration in reference thereto, 2. The PROJECT shall include preliminary engineering, right of way, and total payments to the contractor. 1 The estimated total LOCAL SHARE is $4,900,000 and shall be funded in the following order: a. In Party Program funding in the amount of $940,168. b. The BOARD shall contribute $2,450,000 toward the LOCAL SHARE. c. The COMMUNITY shall contribute $1,509,832 toward the LOCAL SHARE. d. Any LOCAL SHARE costs above the Tri-Party Program funding of $940,168, the BOARD contribution of $2,450,000, and the COMMUNITY contribution of $1,509,832, will be shared equally by the BOARD and the COMMUNITY. 4. Upon execution of this agreement, the BOARD shall submit an invoice to the COMMUNITY in the amount of $911,610.50 (being 50% of the COMMUNITY'S In- Party contribution of $313,389 and 50% of the COMMUNITY'S $1,509,832 additional contribution). 5. Upon execution of this agreement, the BOARD shall submit an invoice to the COUNTY in the amount of $313,389 (being 100% of the COUNTY'S Tr-Party contribution). Maple Road Charter Township of West Bloomfield Project No. 52041 and 52661 6/21/2016 6. a, The invoice shall be sent to: Lynn Sonkiss, Manager of Fiscal Services Executive Office Building 2100 Pontiac Lake Road, Building 41 West Waterford, MI 48328 7. As costs of the LOCAL SHARE are incurred, the BOARD shall invoice the COMMUNITY for the remaining 50% of the COMMUNITY'S Tr-Party contribution and additional contribution. 8, The total actual LOCAL SHARE will be determined from the records of the BOARD upon completion of State financial audits of the PROJECT and a final determination of the total federal funds used on the PROJECT. Final adjustments in the financial obligations of the parties hereto will be made upon completion of the required audits. 9. Upon receipt of said invoice(s), the COMMUNITY and the COUNTY shall pay to the BOARD the full amount thereof, within thirty (30) days of such receipt. 10, The BOARD will provide the COMMUNITY with periodic progress reports relating to the PROJECT. In particular, the BOARD will provide the COMMUNITY (a) preliminary engineering and estimated costs based thereon, (b) any updated cost estimates when prepared, including without limitation revised cost spreadsheets for each segment of the PROJECT, (c) right of way acquisition costs, (d) construction engineering and estimated costs based thereon, (e) costs based on accepted bids, (f) state financial audits, and (g) final determination of total federal funds used on the PROJECT, Maple Road -3- Charter Township of West Moor/field Project No. 52041 and 52651 5/21/2015 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and date first written above, BOARD OF ROAD COMMISSIONERS FOR THE COUNTY OF OAKLAND A Public Body Corporate D By j, ,):/ / w-- --. ,,,:w._2L4 1.______e,___._,.._.__f er __C.::'-' Its Managing Director CHARTER TOWNSHIP OF WEST BLOOMFIELD By Its Township Clerk - Maple Road 4.. Charter Township of West Bloomfield Project No. 52041 and 52001 5/21/2015 EXHIBIT A TRI-PARTY PROGRAM Maple Road Haggerty Road to Orchard Lake Road Charter Township of West Bloomfield Board Project No, 52661 and 52041 Widening and reconstruction of Maple Road from Haggerty Road to Drake Road (Project No. 52661) and from Drake Road to Orchard Lake Road (Project No, 52041). ESTIMATED PROJECT COST Preliminary Engineering Right of Way Contractor Payments Total Estimated Project Cost Less Federal Funds Total Estimated Local Share $200,000 $250,000 $11,800,000 $12,250,000 ($7,350,000) $4,900,000 COST PARTICIPATION BREAKDOWN COMMUNITY COUNTY BOARD TOTAL FY12 Fri-Party Program $48,276 $48,276 $48,275 $144,827 Addif FY12 Fri-Party Program $112,392 $112,392 $112,392 $337,176 FY13 Tr-Party Program $76,250 $76,250 $76,251 $228,751 FY14 Fri-Party Program $76,471 $76,471 $76,472 $229,414 Contribution $1,509,832 $0 $2,450,000 $3,959,832 TOTAL SHARES $1,823,221 $313,389 $2,763,390 $4,900,000 Maple Road - 5 - Charter Township of West Bloomfield Project No. 52041 and 52661 5/21/2015 Resolution #15188 July 16, 2015 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #15188) July 29, 2015 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2015 APPROPRIATION — CHARTER TOWNSHIP OF WEST BLOOMFIELD — WIDENING AND RECONSTRUCTION OF MAPLE ROAD - PROJECT NO. 52661 AND PROJECT NO. 52041 TO: The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. On December 11,2014, the Board of Commissioners approved Miscellaneous Resolution #14295 which designated $2,000,000 in fund balance for the Tr-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $313,389 is available in the General Fund Assigned Fund Balance for Tr-Party 2015 and prior funding (account #383510) for project 52661 and 52041. 3. This project is for the widening and reconstruction of Maple Road from Haggerty Road to Drake Road (Project No. 52661) and from Drake Road to Orchard Lake Road (Project No. 52041). 4. The resolution allows for additional project costs not greater than 15% from the original agreement, which is consistent with the project as originally approved, to be paid when invoiced and appropriated in the quarterly forecast resolution. 5. Additional project costs exceeding 15% of the original agreement will require a separate Finance Committee resolution to appropriate the additional Oakland County share of the project costs prior to payment. 6. The FY 2015 budget be amended as follows: GENERAL FUND #10100 FY 2015 Revenue 9010101-196030-665882 Planned Use of Balance $313,389 Total Revenues 13.13_,189 Expenditures 9010101-153010-740135 Road Commission Tr-Party $313,389 Total Expenditures $313,389 rrE C E mow,* FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Long, Crawford and Zack absent. Resolution #15188 July 29, 2015 Moved by Spisz supported by Jackson the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Fleming, Gingell, Gosselin, Hoffman, Jackson, KowaII, Long, Matis, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Zack, Bowman, Crawford. (18) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPROVE TI415 RESOLUTION CHEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45,559A (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 July 29, 2015, 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 County of Oakland at Pontiac, Michigan this 29th day of July 2015. Lisa Brown, Oakland County