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HomeMy WebLinkAboutResolutions - 2019.05.23 - 31813MISCELLANEOUS RESOLUTION` #19189 BY: Commissioner Marcia Gershenson, District #13; Commissioner William Miller, District #14 IN RE: BOARD OF COMMISSIONERS—TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2019 APPROPRIATION -- CHARTER TOWNSHIP OF WEST BLOOMFIELD — RIGHT-OF-WAY ACQUISITION AT 14 MILE ROAD, NORTHWESTERN HIGHWAY, AND ORCHARD LAKE ROAD — PROJECT NO. 48201 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 (RCOC); 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 Charter Township of West Bloomfield, 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 Charter Township of West Bloomfield and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of West Bloomfield has demonstrated that it has authorized its one-third (11 /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 2019 authorized amount of Tri -Party Road Improvement funding for Project No. 48201 in the Charter Township of West Bloomfield is $122,168; and WHEREAS funding is available in the General Fund Assigned Fund Balance for Tri -Party 2019 and prior funding (account #383510) for Project No. 48201 in the amount of $122,168. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of West Bloomfield 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 Charter Township of West Bloomfield, 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 $122,168 Total Revenue 22 Expenditures 9010101-153010-740135 Road Commission Tri -Party $122,168 Total Expenditures $122.10 Chairperson, I move the adoption of the foregoing Resolution, Commissioner William Miller District #14 Quality Life through Good Roads "We Care" Inter -Departmental Memorandum PROGRAMMING DIVISION 14A DATE: April 29, 2019 To: Thomas G. Blust, P.E., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor 7',& n SUBJECT: PROJECT NO. 48201 ORCHARD LAKE ROAD, 14 MILE ROAD TO MAPLE ROAD AND 14 MILE ROADINORTHWESTERN HIGHWAYIORCHARD LAKE ROAD LOCAL COST PARTICIPATION AGREEMENTITRI-PARTY PROGRAM CHARTER TOWNSHIP OF WEST BLOOMFIELD Attached for your review and submission to the Board for their approval is the local cost participation agreement with the Charter Township of West Bloomfield for the right-of-way acquisition for the roundabout construction at 14 Mile Road/Northwestern Highway/Orchard Lake Road and the boulevard reconstruction of Orchard Lake Road from 14 Mile Road to Maple Road. Construction on these projects has been completed. The estimated total cost is $2,932,022 and will be partially funded with $2,199,016 from the Michigan Department of Transportation due to a lawsuit settlement. The remaining local match of $733,006 will be shared between the Charter Township of West Bloomfield and the Board. The Charter Township of West Bloomfield has elected to use the Tri - Party Program to fund their share of $366,503. Our total estimated share is $488,670 and is in the FY19 budget. The projects are 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. Ije Attachments Recommended for Board Approval v � hlk,4LlI-Ulll Thomas G. Blust, P.E. Director of Engineering r-, Lm&0r. COST PARTICIPATION AGREEMENT RIGHT OF WAY ACQUISITION Orchard Lake Road 14 Mile Road to Maple Road and 14 Mile Road/Northwestern Highway/Orchard Lake Road Roundabout Charter Township of West Bloomfield Board Project No. 48201 This Agreement, made and entered into this 15th day of April... , 2019, 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 West Bloomfield, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD and the COMMUNITY have programmed the right of way acquisition for the boulevard reconstruction of Orchard Lake Road from 14 Mile Road to Maple Road and the roundabout construction at 14 Mile Road/Northwestern Highway/Orchard Lake 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 RIGHT OF WAY; and WHEREAS, the final total cost of the RIGHT OF WAY is $2,932,022; and WHEREAS, the BOARD has received $2,199,096 from the Michigan Department of Transportation due to a lawsuit settlement; and WHEREAS, said RIGHT OF WAY involves certain designated and approved funding in accordance with the Tri -Party Program in the amount of $366,503, 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 for the LOCAL SHARE of the RIGHT OF WAY 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 RIGHT OF WAY, declares its public necessity, and authorizes the BOARD to perform or cause to be performed, and complete the RIGHT OF WAY along with all administration in reference thereto. 2. 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 as may be incurred by the BOARD as a result of this agreement. Any costs incurred by the BOARD prior to this agreement date shall be allowable. 3. The total RIGHT OF WAY LOCAL SHARE of $733,006 shall be funded and invoiced simultaneously as follows: a. The BOARD shall contribute $366,503 or one-half of the LOCAL SHARE. b. The COMMUNITY shall $366,503 or one half of the LOCAL SHARE and has elected to use the Tri -Party Program to fund this share. c. Any RIGHT OF WAY costs above the $733,006 LOCAL SHARE, shall be funded 100% by the BOARD. 4. Upon execution of this Agreement, the BOARD shall submit an invoice to the COMMUNITY for $122,168 (being 100% of the COMMUNITY'S Tri -Party contribution). Orchard Lake Road V4 Mile/NW Hwy/Orchard Lake 2 Charter Township of West Bloomfield Project No. 4111209 5. After execution of this agreement and approval by the COUNTY, the BOARD shall submit an invoice to the COUNTY in the amount of $122,168 (being 100% of the COUNTY'S Tri -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, Ml 48328 6. 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 814 WeM Hwy/Orchard Lake 3 Charter Township of West Bloomfield Project No. 4/1/2019 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 Steven Kaplan CHARTER TOWNSHIP OF WEST BLOOMFIELD By f:)Q- aen C�,Jv • De—orah Binder Its Clerk Orchard Lake Road W4 WelNW HwylOrchard Lake Charter Township of West Bloomfield Project No. 411!2013 EXHIBIT A TRI -PARTY PROGRAM Orchard Lake Road, 14 Mile Road to Maple Road and 14 Mile Road/Northwestern Highway/Orchard Lake Road Roundabout Charter Township of West Bloomfield Board Project No. 48201 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, ESTIMATED PROJECT COST Right of Way Acquisition (Final) $2,932,022 Less Lawsuit/MDOT ($2,199,016) TOTAL RIGHT OF WAY ACQUISITION $733,006 COST PARTICIPATION BREAKDOWN Orchard Lake Road &14 Mile/NW Hwy/Orchard Lake 5 Charter Township of West Bloomteld Project No, 411/2019 COMMUNITY COUNTY BOARD TOTAL FY2018 Tri -Party Program $101,088 $101,088 $101,087 $303,263 FY2019 Tri -Party Program $21,080 $21,080 $21,080 $63,240 Contribution $0 $0 $366,503 $3667503 TOTAL SHARES $122,168 $122,168 $488,670 $733,006 Orchard Lake Road &14 Mile/NW Hwy/Orchard Lake 5 Charter Township of West Bloomteld Project No, 411/2019 Resolution #19189 May 23, 2019 The Chairperson referred the resolution to the Economic Growth and Infrastructure Committee. There were no objections.