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HomeMy WebLinkAboutResolutions - 2018.09.05 - 23775MISCELLANEOUS RESOLUTION #18.319 BY: Commissioner Thomas Middleton, District #4 IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2018 APPROPRIATION — CHARTER TOWNSHIP OF INDEPENDENCE — RECONSTRUCTION AND WIDENING OF SASHABAW ROAD FROM FLEMINGS LAKE ROAD TO SOUTH OF CLARKSTON ROAD — PROJECT NO. 53321 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 Independence, 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 Independence and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Independence 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. 53321 in the Charter Township of Independence is $326,807; and WHEREAS in the event the FY 2019, FY 2020, FY 2021 Tr-Party Program Funds are not available, the COMMUNITY shall be responsible for their one-third share as well as the COUNTY's one-third share. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby, approves the project submitted by the Charter Township of Independence 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 Independence. Chairperson, I move the adoption of the foregoing Resolution. Commissioner Thomas Middleton District #4 Quality Life through Good Roads "We Care" =7,1? 40.04 C10,1114175.54,0Ar 11A 08/23/18 Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: August 10, 2018 To: Thomas G. Blust, P.E., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor -TA SUBJECT: PROJECT NO. 53321, SASHABAW ROAD FLEMINGS LAKE ROAD TO SOUTH OF CLARKSTON ROAD LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM CHARTER TOWNSHIP OF INDEPENDENCE Attached for your review and submission to the Board for their approval is the local cost participation agreement with the Charter Township of Independence for the reconstruction and widening of Sashabaw Road from Flemings Lake Road to south of Sashabaw Road. Construction on the sanitary sewer and water main is expected to begin this fall. The road construction will begin next year. The estimated total cost is $5,429,874 and will be partially funded with $980,422 in Tr-Party Program funds. The Charter Township of Independence is contributing 100% of the cost for the sanitary sewer, water main, and safety path, along with an additional $2,735,955 toward the road construction. The Board shall contribute $450,000 toward the road construction and $550,000 for construction engineering. Our total estimated share is $1,326,808 and is in the FYI 8 budget. The project is in the district of County Commissioner Tom Middleton. 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 homas G. Blust, P.E. Director of Engineering Concur for G.P. 08/15/2018 q/0 =ROAD CONMSS/ON for OAKLAND COUNTY QUALITY LSE THROUGH GOOD ROADS: ROAD COMMISINON FOR GARLAND COUNTY WE CARE." August 23, 2018 Board of Road Commissioners Ronald.). Fawkes Commissioner Gregory C. Jamian Commissioner Eric S. Wilson Commissioner Dennis G. Kolar, P.E Managing Director Gary Plofrowlcz, P.E., P.T.O.E. Deputy Managing Director County Highway Engineer Clerk of the Board 31001 Lahser Road Beverly Hills, VII 48025 248-645-2000 FAX 248-645-0452 TLJD 248-645-9923 www.rcocweb.org Ms. Barbara Pallotta, Clerk Charter Township of Independence 6483 Walden Center Drive Clarkston, MI 48346 Re: Project No. 53321, Sashabaw Road Flemings Lake Rd to South of Clarkston Rd Dear Ms. Pallotta: 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, August 23, 2018. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, \ n 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 Sashabaw Road Flemings Lake Road to South of Clarkston Road Charter Township of Independence Board Project No. 53321 This Agreement, made and entered into this 23rd day of August , 2018, 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 Independence, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD and the COMMUNITY have programmed the reconstruction and widening of Sashabaw Road from Flemings Lake Road to south of Clarkston 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 $5,429,874; and WHEREAS, said PROJECT involves certain designated and approved Tr-Party Program funding in the amount of $980,422, 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 construction engineering, safety path, sanitary sewer, water main, and total payments to the contractor. Any costs incurred by RCOC prior to this agreement date shall be allowable. 3. The estimated total PROJECT cost of $5,429,874 shall be invoiced and funded in the following order: a. Tr-Party Program funding in the amount of $980,422 for road construction only. This $980.422 includes $652,242 from the FY2019, FY2020, and FY2021 Tr-Party Program. These are estimates of the COMMUNITY'S allocations. If these funds are not available, the COMMUNITY will be responsible for the $652,242 share. b. The BOARD shall contribute the construction engineering on road construction, estimated in the amount of $550,000. Any construction engineering overages on road construction shall be funded 100% by the BOARD. c. The COMMUNITY shall contribute the construction engineering on sanitary sewer, and water main, estimated in the amount of $100,000. Any construction overages on sanitary sewer, and water main shall be funded 100% by the COMMUNITY. d. The COMMUNITY shall contribute the cost of the sanitary sewer and water main, estimated in the amount of $431,778. Any sanitary sewer and water main overages shall be funded 100% by the COMMUNITY. e. The COMMUNITY shall contribute the cost of the safety path, estimated in the amount of $181,719. Any safety path overages shall be funded 100% by the COMMUNITY. f. The BOARD shall contribute $450,000 toward road construction and the COMMUNITY shall contribute $2,735,955 toward road construction. Any road Sashabaw Road - 2 - Charter Township of Independence Project No, 53321 819/2018 construction overages shall be shared equally between the BOARD and the COMMUNITY. Any changes to the PROJECT and cost overruns shall be subject to approval by the COMMUNITY. 4. Upon execution of this agreement, the BOARD shall submit an invoice to the COMMUNITY in the amount of $431,778 (being 100% of the COMMUNITY'S estimated contribution toward the sanitary sewer and water main). 5. After March 1, 2019, the BOARD shall submit an invoice to the COMMUNITY in the amount of $1,731,561 (being 100% of the COMMUNITY'S FY2016-FY2019 Tr-Party contributions, 100% of the COMMUNITY'S estimated safety path contribution, and 50% of the COMMUNITY'S estimated road construction contribution). 6. After March 1, 2019, the BOARD shall submit an invoice to the COUNTY in the amount of $181,865 (being 100% of the COUNTY'S FY2016-2019 Tr-Party contributions). 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. After January 1, 2020, the BOARD shall submit an invoice to the COUNTY in the amount of $72,471 (being 100% of the COUNTY'S FY2020 Tr-Party contribution). 8. After January 1, 2020, the BOARD shall submit an invoice to the COMMUNITY in the amount of $72,471 (being 100% of the COMMUNITY'S FY2020 Tr-Party contribution). 9. After January 1, 2021, the BOARD shall submit an invoice to the COUNTY in the amount of $72,471 (being 100% of the COUNTY'S FY2021 Tr-Party contribution). 10. After January 1, 2021, the BOARD shall submit an invoice to the COMMUNITY in the amount of $72,471 (being 100% of the COMMUNITY'S FY2021 Tr-Party contribution). Sashabaw Road - 3 - Charter Towns hp of Independence Project No. 53321 8/912018 11. As costs of the PROJECT are incurred, the BOARD shall invoice the COMMUNITY for the remaining 50% of the COMMUNITY'S road construction contribution. 12. 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, 13, The Board shall cause the COMMUNITY to be a named insured on the owners and contractors protective liability policy of insurance pursuant to Michigan Department of Transportation ("MDOT") Standard Specifications for Construction, 107.10, which governs Indemnification, Damage, Liability and Insurance. Sashabaw Road -4- Charter Township of Independence Project No. 53321 8/n/2018 By: 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: -0.ev04.2.0 Dennis G. Kolar Its: Managing Director Patrick J. Kittle Its: Supervisor Sashahaw Road -5- Charter Township of Independence Project No. 53321 8/9/2018 EXHIBIT A TRI-PARTY PROGRAM Sashabaw Road Flemings Lake Road to south of Clarkston Road Charter Township of Independence Board Project No, 53321 The PROJECT shall include development, construction and completion of all of the improvements described and specified in the construction and engineering plans for Sashabaw Road, Flemings Lake Road to south of Clarkston Road, submitted to the Road Commission for Oakland County for bidding with a Final Date of July 19, 2018. Said construction and engineering plans are incorporated into this Exhibit by this reference, and the PROJECT shall be completed according to said plans, ESTIMATED PROJECT COST Contractor Payments - Road Construction Contractor Payments - Safety Path Contractor Payments - Sanitary Sewer & Water Main CE - Sanitary Sewer, Water Main (township) CE - Road Construction, Safety Path (RCOC) Total Estimated Project Cost $4,166,377 $181,719 $431,778 $100,000 $550,000 $5,429,874 COST PARTICIPATION BREAKDOWN COMMUNITY COUNTY BOARD TOTAL FY2016 Tr-Party Program $36,576 $36,576 $36,575 $109,727 FY2017 Tr-Party Program $36,680 $36,680 $36,679 $110,039 FY2018 Tr-Party Program $36,138 $36,138 $36,138 $108,414 FY2019 Tr-Party Program* $72,471 $72,471 $72,472 $217,414 FY2020 Tr-Party Program* $72,471 $72,471 $72,472 $217,414 FY2021 Tr-Party Program* $72,471 $72,471 $72,472 $217,414 Contractor Payments - Road Construction $2,735,955 $0 $450,000 $3,185,955 Subtotal - Road Construction $3,062,762 $326.807 $776,808 $4,166,377 Contractor Payments - Safety Path $181,719 $0 $0 $181,719 Contractor Payments - Sanitary Sewer and Water Main $431,778 $0 $0 $431,778 CE - Road Construction $0 $0 $550,000 $550,000 CE - Sanitary Sewer, Watermain $100,000 $0 $0 $100,000 TOTAL SHARES $3,776,259 $326,807 $1,326,808 $5,429,874 * The FY2019, FY2020, and FY2021 Tr-Party Program allocations will be announced early in 2019, 2020, and 2021. These are estimates of those amounts. Sashabaw Road - 6 - Charter Township of Independence Project No. 53321 8/9/2018 Resolution #18319 September 5, 2018 The Chairperson referred the resolution to the Finance Committee. There were no objections.