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Home My WebLink AboutResolutions - 2018.05.17 - 23598MISCELLANEOUS RESOLUTION #18205 BY: Commissioner Gary McGillivray, District #20 r 734 4- 4 IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2018 APPROPRIATION — CITY OF TROY — RESURFACING OF LIVERNOIS ROAD FROM MAPLE ROAD TO BIG BEAVER ROAD — PROJECT Nil 54311 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 (CVIs) 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 City of Troy, 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 City of Troy and said appropriation has been transferred to a project account; and WHEREAS the City of Troy 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 2018 authorized amount of Tr- Party Road Improvement funding for Project No. 54311 in the City of Troy is $155,922. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Troy 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 City of Troy. Chairperson, I move the adoption of the foregoing Resolution. Thomas G. Blust, RE. Director of Engineering cor- Quality Life through Good Roads "We Care" =Mt:7A AO COPIWW,S,S,CPAr 17C f/gr 04-26-18 for OAKLAND COUNTY Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: April 16, 2018 To: Thomas G. Blust, RE., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor 7:611 SUBJECT: PROJECT NO. 54311, LIVERNOIS ROAD MAPLE ROAD TO BIG BEAVER ROAD LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM CITY OF TROY Attached for your review and submission to the Board for their approval is the local cost participation agreement with the City of Troy for the resurfacing of Livemois Road from Maple Road to Big Beaver Road. Construction on this project is expected to begin this summer. The Board will contribute the preliminary and construction engineering; the cost of construction will be shared equally between the city and the Board. The City of Troy has elected to use the Tr-Party Program along with a contribution to fund their share of the estimated total project cost of $555,000. Our total estimated share is $227,038.50 and is in the FY18 budget. The project is in the district of County Commissioner Gary R. McGillivray. 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 Sincerely, ' LAYLA r\c_ Clerk of the Board 31001 Lahser Road Beverly Hills, MI 48025 248445-2000 hannon J. Miller Deputy-Secretary /Clerk of the Board Ism Enclosure =ROAD COMMISSION for OAKLAND COUNTY QUALITY LIFE THROUGH GOOD ROADS: DAD COMMISSION FOR OAKLAND COUNTY 'NYE CARE." April 26, 2018 Ms. Aileen Dickinson, Clerk City of Troy 500 W. Big Beaver Road Troy, MI 48084-5285 Re: Livernois Road, Maple Road to Big Beaver Road Project No. 54311 Dear Ms. Dickinson: 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, April 26, 2018. 3oard of Road Commissioners Ronald J. Fowkes Commissioner Gregory C. Jamian Commissioner Eric S. Wilson Commissioner Dennis G. Kolar, Managing Director Gary Piotrowicz, P.E., P.T.O.E. Deputy Managing Director County Highway Engineer Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. FAX 248-645-0452 TDD 248446-9923 www.rcocweb.org cc: Finance Department Engineering Department Programming Division Lynn Sonkiss, Oakland County 500 West Big Beaver Troy, MI 48084 troymi.gov CITY OF TROY OAKLAND COUNTY, MICHIGAN RESOLUTION At a Regular meeting of the Troy City Council held on Monday, April 9, 2018, the following Resolution was passed: J-5 Cost Participation Agreement for Road Work on Livernois, Maple to Big Beaver — Project No 2018C0022 Resolution #2018-04-054-J-5 Moved by Henderson Seconded by Hodorek RESOLVED, That Troy City Council hereby APPROVES the Cost Participation Agreement between the City of Troy and the Road Commissioners for Oakland County (Board) for road work on Livernois, from Maple to Big Beaver at an estimated cost to the City of Troy of $172,039.50 and the Mayor and City Clerk are AUTHORIZED to execute the agreement, a copy of which shall be ATTACHED to the original Minutes of this meeting. Funding for this project will be available in the 2019 budget. Yes: All-7 No: None MOTION CARRIED I, M. Aileen Dickson, duly appointed City Clerk of the City of Troy; do hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Troy City Council at a Regular Meeting duly called and held on Monday, the Ninth day of April, 2018. M. Aileen Dickson, MMC, CMMC City Clerk COST PARTICIPATION AGREEMENT CONSTRUCTION Livernois Road Maple Road to Big Beaver Road City of Troy Board Project No. 54311 This Agreement, made and entered into this 26th day of April , 2018, 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 Troy, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD and the COMMUNITY have programmed the milling and resurfacing of Livernois Road from Maple Road to Big Beaver 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 $555,000; and WHEREAS, said PROJECT involves certain designated and approved Tr-Party Program funding in the amount of $467,765, 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 approves of the PROJECT, declares its public necessity, and authorizes the BOARD 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, construction engineering, and total payments to the contractor. Any costs incurred by RCOC prior to this agreement date shall be allowable. 3. The BOARD shall contribute all preliminary engineering and construction engineering costs, estimated in the amount of $55,000. 4. The BOARD and the COMMUNITY shall share all construction costs, estimated in the amount of $500,000. Each 50% share shall be invoiced and funded in the following order: a. Tr-Party Program funding in the amount of $467,765. b. The COMMUNITY shall contribute $16,117.50 toward the LOCAL SHARE and the BOARD shall contribute $16,117.50 toward the LOCAL SHARE, simultaneously. c. Any PROJECT costs above the Tr-Party Program funding of $467,765, the COMMUNITY contribution of $16,117.50, and the BOARD contribution of $16,117.50 will be funded first with any available Tr-Party Program Funds. If no Tr-Party Program Funds are available, any PROJECT costs above $500,000 will be shared equally between the BOARD and the COMMUNITY. 5. Upon execution of this agreement, the BOARD shall submit an invoice to the COMMUNITY in the amount of $172,039.50 (being 100% of the COMMUNITY'S Tr-Party contribution and additional contribution). 6. After execution of this agreement and approval by the COUNTY, the BOARD shall submit an invoice to the COUNTY in the amount of $155,922 (being 100% of the COUNTY'S Tr-Party contribution). Livernois Road - 2 - City of Troy Project No. 54311 3/23/2018 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. 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. Livernois Road City of Troy Project No. 54311 3/23120113 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 a 4/44 Its Managing Director CITY OF TROY By Its By rv itvbra6gestm Its Cfk Livemols Road City of Troy Project No, 54311 3/23/2018 EXHIBIT A TRI-PARTY PROGRAM Livernois Road Maple Road to Big Beaver Road City of Troy Board Project No. 54311 Milling and resurfacing of Livernois Road from Maple Road to Big Beaver Road ESTIMATED PROJECT COST Preliminary Engineering $20,000 Construction Engineering $35,000 Contractor Payments $500,000 Total Estimated Project Cost $555,000 COST PARTICIPATION BREAKDOWN COMMUNITY COUNTY BOARD TOTAL FY2018 Tr-Party Program $155,922.00 $155,922.00 $155,921.00 $467,765.00 Contribution - PE $0.00 $0.00 $20,000.00 $20,000.00 Contribution - CE $0.00 $0.00 $35,000.00 $35,000.00 Additional Contribution $16,117.50 $0.00 $16,117.50 $32,235.00 TOTAL SHARES $172,039.50 $155,922.00 , $227,038,50 $555,000.00 Liyernois Road - 5 - City of Troy Project No, 54311 3/23/2018 Resolution #18205 May 2, 2018 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #18205) May 17, 2018 BY: Commissioner Thomas Middleton, Chairperson, Finance Committee IN RE: BOARD OF COMMISSIONERS TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2018 APPROPRIATION — CITY OF TROY — RESURFACING OF LIVERNOIS ROAD FROM MAPLE ROAD TO BIG BEAVER ROAD — PROJECT NO. 54311 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 7, 2017, the Board of Commissioners approved Miscellaneous Resolution #17325 which designated $4,470,159 in fund balance for the Tr-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $155,922 is available in the General Fund Assigned Fund Balance for Tr-Party 2018 and prior funding (account #383510) for project 54311. 3. This project is for the milling and resurfacing of Livernois Road from Maple Road to Big Beaver Road. 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. 6. Additional project costs exceeding 16% 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 2018 budget be amended as follows: Expenditures 9010101-153010-740135 FY 2018 Planned Use of Balance $155,922 Total Revenues i15,5., 922 Road Commission Tr-Party $155,922 Total Expenditures $155,922 GENERAL FUND #10100 Revenue 9010101-196030-665882 I ommissioner Thomas Middleton, D(S-trict #4 Chairperson, Finance Committee FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Woodward and Quarles absent. J -771/(fr Resolution #18205 May 17, 2018 Moved by Fleming supported by Quarles the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Crawford, Fleming, Gershenson, Gingell, Kochenderfer, KowaII, Long, McGillivray, Middleton, Quarles, Taub, Weipert, Woodward, Zack, Berman, Bowman. (16) 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). I MAW APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO IVICL 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 17, 2018, 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 17th day of May 2018. "(21?-;cr77 1. Lisa Brown, Oakland County