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Home My WebLink AboutResolutions - 2019.07.18 - 32079REPORT MISC. #192191_ July 18, 2019 BY: Commissioner William Miller, Chairperson, Economic Growth and Infrastructure Committee IN RE: MR #19219 — BOARD OF COMMISSIONERS — TRI -PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2019 APPROPRIATION — CHARTER TOWNSHIP OF BRANDON — GRAVEL ROAD PAVING OF SASHABAW ROAD FROM SHERWOOD ROAD TO GRANGER ROAD — PROJECT NO. 52741 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Economic Growth and Infrastructure Committee, having reviewed the above -referenced resolution on July 9, 2019, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Economic Growth and Infrastructure Committee, 1 move the acceptance of the foregoing report. Commissioner William Miller, District #14 Chairperson, Economic Growth and Infrastructure Committee ECONOMIC GROWTH AND INFRASTRUCTURE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Powell absent, MISCELLANEOUS RESOLUTION #19219 BY: Commissioner Michael Spisz, District 43 IN RE: BOARD OF COMMISSIONERS — TRI -PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2019 APPROPRIATION — CHARTER TOWNSHIP OF BRANDON — GRAVEL ROAD PAVING OF SASHABAW ROAD FROM SHERWOOD ROAD TO GRANGER ROAD — PROJECT NO, 52741 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 Brandon, 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 Charter Township of Brandon and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Brandon 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 Tri -Party Road Improvement funding for Project No. 52741 in the Charter Township of Brandon is $87,234; and WHEREAS funding is available in the General Fund Assigned Fund Balance for Tri -Party 2019 and prior funding (account #383510) for Project No. 52741 in the amount of $87,234. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Brandon 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 Brandon, BE IT FURTHER RESOLVED the FY 2019 budget will be amended as follows: GENERAL FUND (#10100). Revenue 9010101-196030-665882 Expenditures 9010101-153010-740135 FY 2019 Planned Use of Balance $87,234 Total Revenue $87,234 Road Commission Tri -Party $87,234 Total Expenditures $87,234 Chairperson, I move the adoption of the foregoing Resolution. rissioner Mich District #3 el S Quality Life through Good Roads "We Care" for OAKLAND COUNTY lnterDepartmenta Memorandum PROGRAMMING DniisioN To: Thomas G. Btust, P.E., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor 7740 DATE: May 9, 2019 SUBJECT: PROJECT NO. 52741, SASHABAW ROAD SHERWOOD ROAD TO GRANGER ROAD LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM CHARTER TOWNSHIP OF BRANDON 13A Attached for your review and submission to the Board for their approval is the local cost participation agreement with the Charter Township of Brandon for the gravel road paving of Sashabaw Road from Sherwood Road to Granger Road. Construction on this project is expected to begin this summer. The estimated total cost is $2,894,300 and will be partially funded with Surface Transportation Program funds in the amount of $2,360,600. The remaining local match of $533,700 will be shared between the Charter Township of Brandon and the Board. The Charter Township of Brandon has elected to use the Tri -Party Program to fund their share of $261,700. Our total estimated share is $359,232 and is in the FY19 budget. The project is in the district of County Commissioner Michael Spisz. 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 Thomas G. Blust, P.E. Director of Engineering eseete 014./2 9 =ROAD COMMISSION for OAKLAND COUNTY QUALITY LIF THROUGH 6000 ROADS: ROAD COMMISSEOH FOR OAKLAND COUNTY "WE CARE." Board of Road Commissioners Ronald J. Fowkes Commissioner Gregory C. Jamian Commissioner Andrea LaLonde Commissioner Dennis G. Kolar, P.E. Managing Director GaryPioirowicz, P.E., P.T.O.E. Deputy Managing Director County Highway Engineer Clerk of the Board 31001 Lahser Road Beverly Hills, MI 48025 248-645-2000 FAX 248-645-1349 www.rcocweb.org May 23, 2019 Ms. Candee Allen, Clerk Charter Township of Brandon P.O. Box 929 Ortonville, MI 48462 Re: Sashabaw Road, Sherwood Road to Granger Road Project No. 52741 Dear Ms. Allen: 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, May 23, 2019. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, Deputy -Secretary /Clerk of the Board /sm Enclosure cc: Finance Department Engineering Department Programming Division Lynn Sonkiss, Oakland County COST PARTICIPATION AGREEMENT CONSTRUCTION Sashabaw Road Sherwood Road to Granger Road Charter Township of Brandon Board Project No. 52741 This Agreement, made and entered into this 23rd day of May , 2019, by arid between the Board of County Road Commissioners of the County of Oakland, Michigan, hereinafter referred to as the BOARD, and the Charier Township of Brandon, 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 gravel road paving of Sashabaw Road from Sherwood Road to Granger 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 $2,894,300; arid VVHEREAS, the BOARD will enter into a contract with MDOT for partial funding of the PROJECT with Surface Transportation Program funds in the amount of $2,360,600; 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, the COMMUNITY'S share of said LOCAL SHARE involves certain designated and approved Tri -Party Program funding in the amount of $261,700, which 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, 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 the COMMUNITY and the BOARD that: 1. The COMMUNITY approves of the PROJECT, declares 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 total payments to the contractor. Any costs incurred by the BOARD prior to this agreement date shall be allowable. 3. The BOARD shall contribute the cost for all non -participating work, estimated in the amount of $10,300. 4. The remaining estimated total LOCAL SHARE of $523,400 shall be funded and invoiced simultaneously as follows: a. The BOARD shall contribute $261,700 or one-half of the LOCAL SHARE. b. The COMMUNITY shall contribute $261,700, or one half of the LOCAL SHARE, and has elected to use the Tri -Party Program to fund this share. c. Any LOCAL SHARE PROJECT costs above the $523,400 shall be shared equally between the BOARD and the COMMUNITY. 5. Upon execution of this agreement, the BOARD shall submit an invoice to the COMMUNITY in the amount of $87,234 (being 100% of the COMMUNITY'S Tri -Party contribution). Sashabaw Road Charter Township of Brandon Project No, 52741 4!23/2019 -2- 6. After execution of this agreement and approval by the COUNTY, the BOARD shall submit an invoice to the COUNTY in the amount of $87,234 (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 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), the COMMUNITY and the COUNTY shall pay to the BOARD the full amount thereof, within thirty (30) days of such receipt. Sashabaw Road Charter Township of Brandon Project No. 52741 4!23/2019 -3- IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and date first written above. Sashabaw Road Charter Township of Brandon Project No. 52741 4/23/2019 BOARD OF ROAD COMMISSIONERS OF THE COUNTY OF OAKLAND A Public Body Corporate BY avvvv0 d/(4_ Managing Director Its CHARTER TOWNSHIP OF BRANDON By Its V 4 ca r -4- EXHIBIT A TRI -PARTY PROGRAM Sashabaw Road Sherwood Road to Granger Road Charter Township of Brandon Board Project No. 52741 Gravel road paving of Sashabaw Road from Sherwood Road to Granger Road. ESTIMATED PROJECT COST Contractor Payments Less Federal Funds Total Estimated Local Share $2,894,300 $2,360,600 $533,700 COST PARTICIPATION BREAKDOWN Sashabaw Road Charter Township of Brandon Project No. 52741 4/23/2019 -5- COMMUNITY COUNTY BOARD TOTAL FY2012 Tri -Party Program $441 $440 $440 $1,321 FY2016 Tri -Party Program $27,911 $27,912 $27,911 $83,734 FY2017 Tri -Party Program $27,914 $27,914 $27,915 $83,743 FY2018 Tri -Party Program $27,547 $27,547 $27,546 $82,640 FY2019 Tri -Party Program $3,421 $3,421 $3,420 $10,262 Non -Participating Work $0 $0 $10,300 $10,300 Contribution $0 $0 $261,700 $261,700 TOTAL SHARES $87,234 $87,234 $359,232 $533,700 Sashabaw Road Charter Township of Brandon Project No. 52741 4/23/2019 -5- Resolution #19219 June 12, 2019 The Chairperson referred the resolution to the Economic Growth and Infrastructure committee. There were no objections. Resolution #19219 July 18, 2019 Moved by Luebs seconded by Hoffman the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). GERALD D. POISSON 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 July 18, 2019, with the original record thereof now remaining in my office. In Testimony Whereof, 1 have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac, Michigan this 18th day of July, 2019. Lisa Brown, Oakland County