HomeMy WebLinkAboutResolutions - 2019.04.18 - 31247REPORT (MISC. #19059) April 18, 2019
BY: Commissioner William Miller, Chairperson, Economic Growth and Infrastructure Committee
IN RE: MR #19059 — 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.
The Economic Growth and Infrastructure Committee, having reviewed the above -referenced resolution on
April 9, 2019, reports with the recommendation that the resolution be adopted.
Chairperson, on behalf of the Economic Growth and Infrastructure Committee, I move the acceptance of
the foregoing report.
Commissioner William Miller, District
Chairperson, Economic Growth and
Infrastructure Committee
ECONOMIC GROWTH AND INFRASTRUCTURE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
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 Tri -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 Tri -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 (113) 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 (113) 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 2019 authorized amount of Tri -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 Tri -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 Tri -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) FY 2019
Revenue
9010101-196030-665882 Planned Use of Balance $174,978
Total Revenue $174,978
Expenditures
9010101-153010-740135 Road Commission Tri -Party $174,978
Total Expenditures 74 78
Chairperson, I move the adoption of the foregoing Resolution.
C mmissioner Marciarshenson Commissioner William Miller
District #13 Y District #14
tua!4 L#� thtwqgh 600d Roads '10� G4re I'
p
0101M
Inter—bepartmentall Memorandum
To: Thomas 0. Blust, P.E., Director of Engineering
FRow Thomas G. Noedhel, Programming Supervisor-14PI
SUBJECT: PROJECT NO. 50641, ORCHARD LAKE ROAD
13 MILE ROAD TO 14 MILE ROAD
LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGFRZA
CITY OF FARMINGTON HILLS I
Attached for your review and submission to the Board for their approval is the local cost
partj1dipation agreement With the City of Farmington Hills for the right-of-way
aCqWMibn/M8d construction on Orchard Lake Road from 13 Mile Road to 14 Uile Road.
Right-of-way acquisition will begin in summer 2019. tortstruction an this project is
expected to begin in 2020.
M1
1je
Attachments
Recommended for Board Approval
'f6rrias' G. Blust, P.E.
Director bf Engineeding
COWWNS.3/O V
0.13 .
QUALITY LIFE THROUGH GOOD ROADS:
:oAD COMMISSION FOR OAKLAND COUNTY
"WE CARE."
4oard of Road Commissioners
Ronald J. Fowkes
Commissioner
Gregory C. Jamian
Commissioner
Andrea LaLonde
Commissioner
Dennis C. Kolar, P.E.
Managing Director
Gary Pictrowics, P.E., P. T.O.E.
Deputy Managing Director
County Highway Engineer
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.
Please contact Thomas G. Noechel, Programming Supervisor at (248)
645-2000 ext. 2266 to answer questions or for add itionai information.
Sincerely,
�n
annon J Mill
Deputy -Secretary /Clerk of the Board
Clerk of the Board I /sm
31001 Lahser Road
Beverly Hills, MI
48025
248-645.2000
FAX
248-645-0452
TDD
248-645-9923
www.rcocweb.org
Enclosure
cc: Finance Department
Engineering Department
Programming Division
Lynn Sonkiss, Oakland County
city of Farmington Hills
-oard P '60 No50641
.w r0i
This Agreement made and entered into this 7th day of Monob -, 2019, bm
and between the Board of C)o4rity Road Commissioners of the County of Oakland, Michiga
hereinafter referred to as the BOARD, and the City of Farmington Hills, hereinafter referred to I
WHEREAS, the estimated total cost of the right7of-way-acquisition is $3,825,000 and the
.--stimated Ual cost of the road tonstruction is $9,400,000; and
WHEREAS, all the parties hereto have reached a mutual understanding regarding the cost
sharing for the PROJECT and wish tor commit that understanding to writing in this Agreement.
NOM THEREFORE, in consideration of the mutual covena�nts soet forth herein and in
conformity with applicable law, it is hereby agreed between the COMMUNITY and the BOARD
The
RIGHT-OF-WAY is hereby
defined as
all costs necessary for the
rig I
acquisition
Work including engineering,
appraisals,
acquisition, legal, finanding,
the C
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
ight-
ofway 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, MI 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 focal share of $765,000, will be
shared equally between the BOARD and the COMMUNITY.
Orchard Lake Road 2
City of Farmington Hills
Project No, 50849
1125/2049
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 ranington Hills
Project No. 50641
1125]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 Tri -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 Tri -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 Tri -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 Tri -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 Fake Road 4
Clty of 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
City of Farmington Hills
Project No, 50641
1/2512019
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
Its Managing Director
CITY OF FARMINGTON HILLS
By
Its
Orchard Lake Road t7
City of Farmington Hills
Project No. 50641
112512019
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
TOTAL SHARES 1 $2,847,118 1 $174,978 1 $2,562,904 1 $5,585,000
Orchard Lake Road 7
City of Farmington Hills
Project No, 50641
1/2512019
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 Tri -Party Program
$118,778
$118,778
$118,778
$356,334
FY2019 Tri -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 M atch
$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 1 $2,847,118 1 $174,978 1 $2,562,904 1 $5,585,000
Orchard Lake Road 7
City of Farmington Hills
Project No, 50641
1/2512019
Resolution #19059
February 7, 2019
The Chairperson referred the resolution to the Economic Growth and Infrastructure Committee. There were
no objections,
Resolution #19059
April 18, 2019
Moved by Gingell seconded by Markham the resolutions on the Consent Agenda be adopted with
accompanying reports being accepted.
AYES: Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray,
Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson,
Gingell. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted with
accompanying reports being accepted.
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 April 18, 2019,
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 Circuit Court at Pontiac,
Michigan this 18th day of April, 2019. C
Lisa Brown, Oakland County