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HomeMy WebLinkAboutResolutions - 2019.03.14 - 31011tAik-41 Cbm-missioner Marcia ,Girshenson District #13 Commissioner William Miller District #14 MISCELLANEOUS RESOLUTION #19059 BY: Commissioner Marcia Gershenson, District #13 and Commissioner William Miller, District #14 IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2019 APPROPRIATION — CITY OF FARMINGTON HILLS — ROAD CONSTRUCTION ON ORCHARD LAKE ROAD FROM 13 MILE ROAD TO 14 MILE ROAD — PROJECT NO. 50641 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 on December 6, 2018, the Board of Commissioners approved Miscellaneous Resolution #18446 which designated $4,372,189 in fund balance for the Tr-Party Road Improvement Program for projects managed by the RCOC; and WHEREAS the City of Farmington 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 one-third (1/3) share of the funding for the project in the City of Farmington Hills and said appropriation has been transferred to a project account; and WHEREAS the City of Farmington Hills has demonstrated that it has authorized its one-third (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 2019 authorized amount of Tr-Party Road Improvement funding for Project No. 50641 in the City of Farmington Hills is $174,978; and WHEREAS funding is available in the General Fund Assigned Fund Balance for Tr-Party 2019 and prior funding (account #383510) for Project No. 50641 in the amount of $174,978. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Farmington 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 15% of the original agreement will require a separate 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 Farmington Hills. BE IT FURTHER RESOLVED the FY 2019 budget will be amended as follows: GENERAL FUND (#10100) Revenue 9010101-196030-665882 FY 2019 Planned Use of Balance Total Revenue $174,978 $174,978 Expenditures 9010101-153010-740135 Road Commission Tr-Party Total Expenditures $174,978 $174,978 Chairperson, I move the adoption of the foregoing Resolution. Quality Life through Good Roads "We Care" 4=1=1:=M0.04 AO 12A CCW1iff—C-5742A, 03/07/19 Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: February 21, 2019 To: Thomas G. Blust, RE, Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor 7-14+1 SUBJECT: PROJECT NO. 50641, ORCHARD LAKE ROAD 13 MILE ROAD TO 14 MILE ROAD LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM CITY OF FARM INGTON HILLS Attached for your review and submission to the Board for their approval is the local cost participation agreement with the City of Farmington Hills for the right-of-way acquisition/road construction on Orchard Lake Road from 13 Mile Road to 14 Mile Road. Right-of-way acquisition will begin in summer 2019. Construction on this project is expected to begin in 2020. The estimated total cost of the right-of-way acquisition is $3,825,000 and will be partially funded with Surface Transportation Program funds in the amount of $3,060,000. The remaining local share of $765,000 will be shared equally between the City of Farmington Hills and the Board. Our total estimated share for the right-of-way acquisition is $382,500 and is in the FY19 budget. The estimated total cost of the road construction is $9,400,000 and will be partially funded with Surface Transportation Program funds in the amount of $4,580,000. The remaining local share of $4,820,000 will be shared between the City of Farmington Hills, Oakland County, and the Board. Included in the contribution from the City of Farmington Hills is $2,035,235 of FY2022 funds which will be awarded to the city when they become available. Our total estimated share for the road construction is $2,180,404 and is in the FY2019 budget. The project is in the districts of County Commissioners Marcia Gershenson and William Miller. 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 1.14,„/.../ Air 41(' Thomas G. Blust, RE. Director of Engineering annon J. Mill Deputy-Secretary /Clerk of the Board =ROAD COMMISSION for OAKLAND COUNTY QUALITY LIFE THROUGH GOOD ROADS: :GAD COMMISSION FOR OAKLAND COUNTY "WE CARE." March 7, 2019 Ms. Pam Smith, Clerk City of Farmington Hills 31555 W. Eleven Mile Road Farmington Hills, MI 48336-1165 Re: Orchard Lake Road, 13 Mile Road to 14 Mile Road Project No. 50641 Dear Ms. Smith: 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, March 7, 2019. Board of Road Commissioners Ronald J. Fowkes Commissioner Gregory C. Jamian Commissioner Andrea LaLonde Commissioner Dennis G. Kolar, P.E. Managing Director Gary Plotrowicz, P. E, P.TO.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. Sincerely, 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 Ism Enclosure cc: Finance Department Engineering Department Programming Division Lynn Sonkiss, Oakland County COST PARTICIPATION AGREEMENT PART ONE: RIGHT OF WAY ACQUISITION PART TWO: CONSTRUCTION Orchard Lake Road 13 Mile Road to 14 Mile Road City of Farmington Hills Board Project No. 50641 This Agreement, made and entered into this 7th day of March , 2019, 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 Farmington Hills, 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 right-of- way acquisition/road construction for the reconstruction of Orchard Lake Road from 13 Mile Road to 14 Mile 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 right-of-way-acquisition is $3,825,000 and the estimated total cost of the road construction is $9,400,000; and WHEREAS, all the parties hereto have reached a mutual understanding regarding the cost sharing for 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: PART ONE — RIGHT-OF-WAY ACQUISITION The RIGHT-OF-WAY is hereby defined as all costs necessary for the right-of-way acquisition work including engineering, appraisals, acquisition, legal, financing, the costs of technical guidance, monitoring, training and any other costs necessary to complete the right of way acquisition. 1. The COMMUNITY shall perform PART ONE of the PROJECT which shall include all right- of-way acquisition, estimated in the amount of $3,825,000. 2. The BOARD will enter into a contract with MDOT for partial funding of the right-of-way acquisition with federal dollars under the Surface Transportation Program, estimated in the amount of $3,060,000. 3. The PART ONE local share, estimated in the amount of $765,000, shall be shared equally by the BOARD and the COMMUNITY. Each share is estimated to be $382,500; respectively. 4. Upon execution of this agreement, the COMMUNITY shall submit an invoice to the BOARD as follows: a. The first invoice shall be payable by the BOARD in the amount of $191,250 (being 50% of the BOARD'S estimated PART ONE share for the right-of-way acquisition). The invoice shall be sent to: Julie Enders, Engineering Aide Road Commission for Oakland County 31001 Lahser Road Beverly Hills, Ml 48025 b. As costs of the right-of-way acquisition are incurred, the COMMUNITY shall invoice the BOARD for the remaining 50% of the BOARD'S total PART ONE share. 5. Any PART ONE PROJECT costs above the estimated local share of $765,000, will be shared equally between the BOARD and the COMMUNITY. Orchard Lake Road 2 City of Farmington Hills Project No. 50641 1/2512019 PART TWO — ROAD CONSTRUCTION 1. The BOARD shall forthwith undertake and complete PART TWO of the project, as above described, and shall perform or cause to be performed all administration in reference thereto. 2. The actual total cost of PART TWO 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 BOARD will enter into a contract with MDOT for partial funding of the PART TWO PROJECT costs with federal dollars under the Surface Transportation Program, estimated in the amount of $4,580,000. 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. 4. The PROJECT involves certain designated and approved funding in accordance with the Tri-Party Program in the amount of $524,934, 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. 5. The BOARD shall contribute and perform all construction engineering, estimated in the amount of $1,226,087. 6. The BOARD shall contribute $524,934 toward the LOCAL SHARE. 7. The COMMUNITY shall advance $2,035,235 toward the LOCAL SHARE. 8. The advance construct local share, estimated in the amount of $508,810, shall be shared equally between the BOARD and the COMMUNITY after Tri-Party is applied. Each share is estimated to be $254,405; respectively. 9. The COMMUNITY agrees that if the federal funds conversion does not occur, this amount will be shared equally by the BOARD and the COMMUNITY. Orchard Lake Road 3 City of Farmington Hills Project No. 50641 1/25/2019 10. The COMMUNITY agrees that any PART TWO overages (excluding construction engineering), shall be shared equally between the BOARD and the COMMUNITY. 11. After October 1, 2019, the BOARD shall submit an invoice to the COMMUNITY in the amount of $87,489 (being 50% of the COMMUNITY'S FY2018 and FY2019 Tr-Party contributions). 12. After October 1, 2019, the BOARD shall submit an invoice to the COUNTY in the amount of $87,489 (being 50% of the COUNTY'S FY2018 and FY2019 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 13. As costs of PART TWO of the PROJECT are incurred, the BOARD shall invoice the COMMUNITY for the remaining 50% of the COMMUNITY'S Tr-Party contribution. 14. As costs of PART TWO of the PROJECT are incurred, the BOARD shall invoice the COUNTY for the remaining 50% of the COUNTY'S Tr-Party contribution. 15. After February 1, 2020, the BOARD shall submit an invoice to the COMMUNITY in the amount of $2,289,640 (being 100% of the COMMUNITY'S NHPP Advance Construct Match, and 100% of the COMMUNITY'S FY2022 NHPP advance). 16. The BOARD shall reimburse the COMMUNITY: 1) the amount of the $2,035,235 paid to date by the COMMUNITY, or 2) the refunded advance conversion dollars received from MDOT (whichever is the lesser) for advance constructing $2,035,235 in FY2022 NHPP funds after the conversion of the federal funds in FY2022 is received by the BOARD and after final adjustment notices are received upon completion of State financial audits. Orchard Lake Road 4 City oi Farmington Hills Project No. 50641 1125/2019 17. 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. 18. 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 5 City of Fatinington Hills Project No. 50641 1/25/2019 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 'Vinyl-1.LO hi5/41_, Its Managing Director CITY OF FARMINGTON HILLS By 54\v-e Its C Orchard Lake Road 6 City of Farmkigton Project No. 50641 1/25/2019 EXHIBIT A TRI-PARTY PROGRAM Orchard Lake Road 13 Mile Road to 14 Mile Road City of Farmington Hills Board Project No. 50641 ESTIMATED PROJECT COST PART ONE: Right of Way Acquisition $3,825,000 Less FY2019 Federal Funds ($3,060,000) ESTIMATED TOTAL $765,000 PART TWO: Construction Engineering $1,226,087 Construction $8,173,913 TOTAL $9,400,000 Less FY2020 Federal Funds ($4,580,000) ESTIMATED TOTAL $4,820,000 TOTAL ESTIMATED PROJECT COST $5,585,000 COST PARTICIPATION BREAKDOWN COMMUNITY COUNTY BOARD TOTAL PART ONE: Contribution $382,500 $0 $382,500 $765,000 TOTAL PART ONE $382,500 $0 $382,500 $765,000 PART TWO: FY2018 Tr-Party Program $118,778 $118,778 $118,778 $356,334 FY2019 Tr-Party Program $56,200 $56,200 $56,200 $168,600 NHPP Advance Construct FY2022" $2,035,235 $0 $0 $2,035,235 NHPP Advance Construct Match $254,405 $0 $254,405 $508,810 Construction Engineering $0 $0 $1,226,087 $1,226,087 Contribution $0 $0 $524,934 $524,934 TOTAL PART TWO $2,464,618 $174,978 $2,180,404 $4,820,000 'TOTAL SHARES $2,847,118 $174,978 $2,562,904 I $5,585,000 Orchard Lake Road 7 City of Farmington Hills Project No. 50641 112512019 Resolution #19059 February 7, 2019 The Chairperson referred the resolution to the Economic Growth and Infrastructure Committee. There were no objections.