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HomeMy WebLinkAboutResolutions - 2018.07.19 - 23677MISCELLANEOUS RESOLUTION #18276 BY: Commissioners Michael J. Gingell, District #1 and David Bowman, District #10 IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2018 APPROPRIATION — CITY OF AUBURN HILLS — RESURFACING OF OPDYKE ROAD FROM AUBURN ROAD TO PERRY ROAD — PROJECT NO. 51471 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 111-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 Auburn Hills, 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 Auburn Hills and said appropriation has been transferred to a project account; and WHEREAS the City of Auburn Hills 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. 51471 in the City of Auburn Hills is $38,667. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Auburn Hills and authorizes the release of In-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 Auburn Hills. Chairperson, we move the adoption of the foregoing Resolution. Recommended for Board Approval ( ,. (2itil A /3///g Thomas G. Blust, Director of Engineering Quality Life through Good Roads "We Care" R 42#4 ACIP CCP ,17W-- 22A 06/14/18 for OAKLAND COUNTY Inter—DepartmentaI Memorandum PROGRAMMING DIVISION DATE: May 29, 2018 To: Thomas G. Blust, P.E., Director of Engineering FROM: Thomas G. Noechel, Programming SupervisorT21 SUBJECT: PROJECT NO. 51471, OPDYKE ROAD AUBURN ROAD TO PERRY ROAD LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM CITY OF AUBURN HILLS Attached for your review and submission to the Board for their approval is the local cost participation agreement with the City of Auburn Hills for the resurfacing of Opdyke Road from Auburn Road to Perry Road. Construction on this project is expected to begin this summer. The estimated total cost is $7,399,200 and will be partially funded with Surface Transportation Program funds in the amount of $3,148,900. The City of Auburn Hills will fund 100% of the non-participating construction items, estimated in the amount of $3,552,000. The remaining local share of $698,300 will be shared between the City of Auburn Hills, the City of Pontiac, and the Board. Our total estimated share is $413,632 and is in the FY18 budget. The project is in the districts of County Commissioners David E. S. Bowman and Michael J. Gingell. 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 0Ylt. =ROAD COP17115370N for OAKLAND COUNTY QUALITY LIFE THROUGH GOOD ROADS: CAD COMMISSION FOR OAKLAND COUNTY 'WE CARE. June 14,2018 3oard of Road Commissioners Ronald J. Fowkes Commissioner Gregory C. Jamian Commissioner Eric S. Wilson Commissioner Dennis G. Kolar, P.E. Managing Director Gary Piotrowicz, P.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. Laura Pierce, Clerk City of Auurn Hills 1827 N. Squirrel Road Auburn Hills, MI 48326-2753 Re: Opdyke Road, Auburn Road to Perry Road Project No. 51471 Dear Ms. Pierce: 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, June 14, 2018. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, Shannon J. Miner Deputy-Secretary /Clerk of the Board Ism Enclosure cc: Finance Department Engineering Department Programming Division Lynn Sonkiss, Oakland County COST PARTICIPATION AGREEMENT CONSTRUCTION Opdyke Road Auburn Road to Perry Street City of Auburn Hills Board Project No. 51471 This Agreement, made and entered into this 14th day of June , 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 Pontiac, hereinafter referred to as AUBURN HILLS, provides as follows: WHEREAS, the BOARD, AUBURN HILLS, and the City of Pontiac, hereinafter referred to as AUBURN HILLS, in cooperation with the Michigan Department of Transportation, hereinafter referred to as MDOT, have programmed the resurfacing of Opdyke Road from Auburn Road to Perry Street, as described in Exhibit "A", attached hereto, and made a part hereof, which improvements involve a border road under the jurisdiction of the BOARD and within PONTIAC and AUBURN HILLS, which improvements are hereinafter referred to as the PROJECT; and WHEREAS, the estimated total cost of the PROJECT is $7,399,200; 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 in the amount of $3,148,900; 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, AUBURN HILLS' share of said LOCAL SHARE involves certain designated and approved Tr-Party Program funding in the amount of $290,000, which shall be paid through equal contributions by the BOARD, AUBURN HILLS, 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 AUBURN HILLS and the BOARD that: 1. PONTIAC and AUBURN HILLS approve of the PROJECT, declare 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 construction engineering and total payments to the contractor. Any costs incurred by RCOC prior to this agreement date shall be allowable. 3. The estimated LOCAL SHARE of the participating construction cost is $698,300 and shall be funded simultaneously: a. PONTIAC has agreed to contribute $50,000 toward their share of the estimated cost of the participating construction and will fund their share from the Tr-Party Program. Any participating construction PROJECT costs above PONTIAC'S Tr- Party Program funding of $50,000 will be funded first with any available Tr-Party Program funds. If no Tr-Party Program funds are available, PONTIAC'S share of any participating construction PROJECT costs above $50,000 will be shared equally by the BOARD and PONTIAC. b. AUBURN HILLS has agreed to contribute $290,000 toward their share of the estimated cost of the participating construction and will fund $116,000 from the Tr-Party Program along with a $174,000 contribution. Any participating construction PROJECT costs above AUBURN HILLS' funding of $290,000 will be shared equally by the BOARD and AUBURN HILLS. c. The BOARD has agreed to contribute $358,300 toward the estimated cost of the participating construction. Opdyke Road - 2 - City of Auburn Hills Project No. 51471 4/27/2018 4. AUBURN HILLS will contribute the cost of all Part B non-participating items which include waterline bursting construction, pedestrian pathway, culvert cleaning, and irrigation system work, estimated in the amount of $3,552,000. Any Part B non-participating item overages will be funded 100% by AUBURN HILLS. 5. Upon execution of this agreement, the BOARD shall submit an invoice to AUBURN HILLS in the amount of $3,764,667 (being 100% of AUBURN HILLS' Tr-Party contribution of $38,667, additional contribution of $174,000, and the non-participating contribution of $3,552,000). 6. Upon execution of this agreement and approval by the COUNTY, the BOARD shall submit an invoice to the COUNTY in the amount of $38,667 (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 7. 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. 8. Upon receipt of said invoice(s), AUBURN HILLS' and the COUNTY shall pay to the BOARD the full amount thereof, within thirty (30) days of such receipt. 9. The BOARD shall execute a separate Cost Participation Agreement with the City of Pontiac, for their share of the estimated PROJECT cost. Opdyke Road - 3 - City of Auburn Hills Project No, 51471 4/27/2018 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 CITY OF AUBURN HILLS By Its Opdyke Road 4- City of Auburn Hills Project No. 51471 4/27/2018 EXHIBIT A TRI-PARTY PROGRAM Opdyke Road Auburn Road to Perry Street City of Auburn Hills Board Project No. 51471 Resurfacing of Opdyke Road from Auburn Road to Perry Street. ESTIMATED PROJECT COST Contractor Payments - Participating Items Contractor Payments - Non-Participating Items Construction Engineering - Participating Items Less Federal Funds Total Estimated Local Share $3,345,400 $3,552,000 $501,800 ($3,148,900) $4,250,300 COST PARTICIPATION BREAKDOWN PONTIAC AUBURN HILLS COUNTY BOARD TOTAL FY2007 Tri-Party Program $13,570 $0 $13,670 $13,569 $40,709 FY2008 Tr-Party Program $3,097 $0 $3,097 $3,097 $9,291 FY2016 Tr-Party Program $0 $28,335 $28,335 $28,334 $85,004 FY2017 Tr-Party Program $0 $10,332 $10,332 $10,332 $30,996 Contribution - Participating $0 $174,000 $0 $358,300 $532,300 Contribution - Non-Participating $0 $3,552,000 $0 $0 $3,552,000 TOTAL SHARES $16,667 $3,764,667 $65,334 $413,632 $4,250,300 Opdyke Road -.5- City of Auburn Hills Project No. 51471 4127/2018 Resolution #18276 July 19, 2018 The Chairperson referred the resolution to the Finance Committee. There were no objections.