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HomeMy WebLinkAboutResolutions - 2017.05.25 - 22939MISCELLANEOUS RESOLUTION #17135 BY: Commissioner Marcia Gershenson, District #13 IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2017 APPROPRIATION — CHARTER TOWNSHIP OF WEST BLOOMFIELD — RECONSTRUCTION OF ORCHARD LAKE ROAD — PROJECT NO. 52011 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 Assigned 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 2017 authorized amount of In- Party Road Road Improvement funding for Project No. 52011 in the Charter Township of West Bloomfield is $278,780. 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 Assigned 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 Marcia Gershenson District #13 Quality Life through Good Roads "We Care" .4=11=17? CPA 147 CiOilifilf.157.574:7Apf it-fR _ 5--L1-(1 for OAKLAND COUNTY Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: April 20, 2017 To: Thomas G. Blust, P.E., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor -VP? SUBJECT: PROJECT NO. 52011, ORCHARD LAKE ROAD NORTH OF 14 MILE ROAD TO SOUTH OF MAPLE 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 reconstruction of Orchard Lake Road from north of 14 Mile Road to south of Maple Road. Construction on this project is expected to begin this summer. The estimated total cost is $7,231,328 and will be partially funded with Surface Transportation Program funds in the amount of $5,032,609. The local match of $2,198,719 will be funded with $836,339 in Tr-Party funds, a $299,469 contribution from the Charter Township of West Bloomfield, and a $1,062,911 contribution from the Board. Our total estimated share is $1,341,690 and is in the FY17 budget. The project is in the district of County Commissioner 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. /je Attachments Recommended for Board Approval 4/77'; 47 Thomas G. Blust, P.E. Director of Engineering =ROAD COMNISSION for OAKLAND COUNTY QUALITY LIFE THROUGH GOOD ROADS: DAD COMMISSION FOR OAKLAND COUNTY 'WE CARE," May 4, 2017 9oard of Road Commissioners Ronald J. Fawkes Commissioner Gregory C. Jamian Commissioner Eric S. Wilson Commissioner Dennis G. Kolar, P.E. Managing Director Gary Piotrowicz, P.E., P,T.O.E. Deputy Managing Director County Highway Engineer Clerk of the Board 31001 Lahser Road Beverly Hills, MI 48025 248-645-2000 FAX 248-645-0452 TDD 248-645-9923 www.rcocweb.org Ms. Debbie Binder, Clerk Charter Township of West Bloomfield P.O. Box 250130 West Bloomfield, MI 48325-0130 Re: Orchard Lake Road; Project No. 52011 Dear Ms. Binder: A fully signed and executed agreement for the above mentioned project is enclosed. The agreement was approved and subsequently signed by Dennis G. Kolar, P.E,, Managing Director at the regularly scheduled Board meeting of Thursday, May 4, 2017. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, Shannon J. Miller Deputy-Secretary /Clerk of the Board lsm Enclosure cc: Finance Department Engineering Department Programming Division Lynn Sonkiss, Oakland County COST PARTICIPATION AGREEMENT CONSTRUCTION Orchard Lake Road North of 14 Mile Road to south of Maple Road Charter Township of West Bloomfield Board Project No. 52011 4411 This Agreement, made and entered into this - 1 7th day of , 2017, by and between the Board of County Road Commissioners of 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 reconstruction of Orchard Lake Road from north of 14 Mile Road to south of Maple 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, for the purposes of identification and funding, the PROJECT has been divided into two segments, described as follows: Part A — Federal Participation Concrete roadway reconstruction work along Orchard Lake Road from approximately 930 feet north of Northwestern Highway northerly to approximately 327 feet south of Maple Road; including concrete sidewalk, concrete curb and gutter, storm sewer, traffic signal, and pavement marking work; and all together with necessary related work. Part B — No Federal Participation Sprinkler, street lighting, and conduit work within the limits as described in Part A; and all together with necessary related work. WHEREAS, the estimated total cost of the PROJECT is $7,231,328; and WHEREAS, the BOARD will enter into a contract with MDOT for partial funding of the PROJECT with Federal Surface Transportation Program funds in the amount of $5,032,609; 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 $836,339, 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 MDOT to perform or cause to be performed, and complete the PROJECT along with all administration in reference thereto. 2. The PROJECT shall include total payments to the contractor. Any costs incurred by RCOC prior to this agreement date shall be allowable. 3. The LOCAL SHARE for Part A of the PROJECT, estimated in the amount of $2,055,572, shall be shared equally between the COMMUNITY and the BOARD. Each 50% share is estimated to be $1,027,786, respectively, and shall be invoiced and funded simultaneously as follows: Orchard Lake Road - 2 - Charter Township of West Bloomfield Project No. 52011 4111/2017 . Tr-Party Program funding in the amount of $836,339. b. The COMMUNITY shall contribute $191,447 toward the LOCAL SHARE and the BOARD shall contribute $1,027,786 toward the LOCAL SHARE. c. Any Part A PROJECT costs above the Tr-Party Program funding of $836,339, the BOARD contribution of $1,027,786, and the COMMUNITY contribution of $191,447 will be shared equally between the BOARD and the COMMUNITY. 4. The LOCAL SHARE for Part B of the PROJECT, estimated in the amount of $143,147, shall be shared as follows: b. The COMMUNITY shall fund 100% of the costs for the sidewalk, street lighting, and conduit work, estimated in the amount of $72,897. c. The BOARD and the COMMUNITY shall share equally the costs for the sprinkler, estimated in the amount of $35,125 each. 5. Upon execution of this agreement, the BOARD shall submit an invoice to the COMMUNITY in the amount of $343,136 (being 50% of the COMMUNITY'S Tr-Party contribution and 50% of the COMMUNITY'S additional contribution for PART A as well as 100% of the COMMUNITY'S contribution for PART B). 6. After execution of this agreement and approval by the COUNTY, the BOARD shall submit an invoice to the COUNTY in the amount of $278,780 (being 100% of the COUNTY'S Tr-Party contribution). 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 Orchard Lake Road - 3 - Charter Township of West Bloomfield Project No. 52011 4/11/2017 7. As costs of the PROJECT are incurred, the BOARD shall invoice the COMMUNITY for the remaining 50% of the COMMUNITY'S share of the PROJECT. 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. Orchard Lake Road - 4 - Charter Township of West Bloomfield Project No. 52011 4/11/2017 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 By Its Managing Director CHARTER TOWNSHIP OF WEST BLOOMFIELD By 1(6t1L. SteveY1 ,V-41 laY1 Its Township 50parvtsor- 1+5 T6wnsllAp Clerk Orchard Lake Road - 5 - Charter Township of West Bloomfield Project No. 52011 4/11/2017 EXHIBIT A TRI-PARTY PROGRAM Orchard Lake Road North of 14 Mile Road to south of Maple Road Charter Township of West Bloomfield Board Project No. 52011 Reconstruction work on Orchard Lake Road from north of 14 Mile Road to south of Maple Road. ESTIMATED PROJECT COST Contractor Payments $7,231,328 Less Federal Funds $5,032,609 Total Estimated Local Share $2,198,719 COST PARTICIPATION BREAKDOWN COMMUNITY COUNTY BOARD TOTAL FY2016 Tr-Party Program $128,296 $128,296 $128,296 $384,888 FY2017 Tri-Party Program , $150,484 $150,484 $150,483 $451,461 Contribution - Part A $191,447 $1,027,786 $1,219,233 Contribution - Part B: sidewalk, street lighting, conduit $72,897 $0 $0 $72,897 Contribution - Part B: sprinkler $35,125 $0 $36,126 $70,250 TOTAL SHARES $578,249 $278,780 $1,341,690 $2,198,719 Orchard Lake Road - 6 - Charter Township of West Bloomfield Project No. 52011 4/11/2017 Resolution #17135 May 10, 2017 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #17135) May 25, 2017 BY: Commissioner Thomas Middleton, Chairperson, Finance Committee IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2017 APPROPRIATION — CHARTER TOWNSHIP OF WEST BLOOMFIELD — RECONSTRUCTION OF ORCHARD LAKE ROAD — PROJECT NO. 52011 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 8, 2016, the Board of Commissioners approved Miscellaneous Resolution #16324 which designated $4,086,500 in fund balance for the Tr-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $278,780 is available in the General Fund Assigned Fund Balance for Tr-Party 2017 and prior funding (account #383510) for project 52011. 3. This project is for reconstruction of Orchard Lake Road from north of 14 Mile Road to south of Maple Rd. 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 2017 budget be amended as follows: Expenditures 9010101-153010-740135 FY 2017 Planned Use of Balance $278,780 Total Revenues $278,780 Road Commission Tr-Party $278,780 Total Expenditures $278,780 GENERAL FUND #10100 Revenue 9010101-196030-665882 ommissioner Thomas Middleton, District #4 Chairperson, Finance Committee FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Woodward absent. Resolution #17135 May 25, 2017 Moved by Dwyer supported by Bowman the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Crawford, Dwyer, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, Long, McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). ii HEREBY APPROVE THIS RESOLUTION CHIEF 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 May 25, 2017, 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 25th day of May, 2017. Lisa Brown, Oakland County