HomeMy WebLinkAboutResolutions - 2018.08.09 - 23715a-mmissioner DavidBSwman
District #10
MISCELLANEOUS 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 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 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 (113) share of the - Fiscal Year 2018 authorized amount of Tr-
Party Road Improvement funding for Project No. 61471 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 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 16% 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.
Quality Life through Good Roads "We Care"
==r, r 412.A i ACP 22A
06/14/18
for OAKLAND COUNTY
Inter—Departmental Memorandum
PROGRAMMING DIVISION
DATE: May 29, 2018
To: Thomas G. Blust, P.E., Director of Engineering
FROM: Thomas G. Noechel, Programming SupervisorT/M
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
Recommended for Board Approval
A 4/...t-1-, /18
Thomas G. Blust, P.E.
Director of Engineering
ROAD
COMMISSION
for OAKLAND COUNTY
Clux.rry Las THROUGH GOOD ROADS:
MAD CONIMISSION FOR °pact Awn 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 Plotrowicz, P.E., P. TOE
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,
nAlcuAncliCAD Q
6hannon J. Miter
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 ant-ymo .,rglek_
Its Managing Director
CITY OF AUBURN HILLS
By
Its TY\ ct no'
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 Tr-Party Program $13,670 $0 $13,570 $13,569 $40,709
FY2008 Tr-Party Program $3,097 $0 $3,097 $3,097 $9,291
FY2016 Id-Party Program $0 $28,335 $28,335_ _. $28,334 $86,004
FY2017 Tri-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 $55,334 $413,632 $4,250,300
Opdyke Road - 5 -
City of Auburn Hills
Project No. 51471
4/27/2018
Resolution #18276 July 19, 2018
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #18276) August 9, 2018
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
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:
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 $38,667 is available in the General Fund Assigned Fund Balance for Tr-Party 2018 and
prior funding (account #383510) for project 51471.
3. This project is for the resurfacing of Opdyke Road from Auburn Road to Perry Street.
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 2018 budget be amended as follows:
GENERAL FUND #10100 FY 2018
Revenue
9010101-196030-665882 Planned Use of Balance
Total Revenues
$38,667
$38,667
Expenditures
9010101-153010-740135 Road Commission Tr-Party $38,667
Total Expenditures $38,667
ornmissioner Thomas Middleton, Mtrict #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #18276 August 9, 2018
Moved by Long supported by McGillivray the resolutions (with fiscal notes attached) be adopted with
accompanying reports being accepted.
AYES: Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, Long,
McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman,
Crawford. (20)
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 HEREPAPPPICIVE 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 August 9, 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 91h day of August, 2018.
Lisa Brown, Oakland County