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Home My WebLink AboutResolutions - 2019.07.18 - 32081REPORT (MISC. #192181 July 18, 2019 BY: Commissioner William Miller, Chairperson, Economic Growth and Infrastructure Committee IN RE: MR #19218 — BOARD OF COMMISSIONERS — TRI -PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2019 APPROPRIATION — CITY OF ROCHESTER HILLS — RECONSTRUCTION OF LIVERNOIS ROAD FROM AVON ROAD TO WALTON BOULEVARD — PROJECT NO. 54281 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, I move the acceptance of the foregoing report, Commissioner William Milier,Tfrict #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 #192'18 BY: Commissioner Adam Kochenderfer, District #15 IN RE: BOARD OF COMMISSIONERS — TRI -PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2019 APPROPRIATION — CITY OF ROCHESTER HILLS — RECONSTRUCTION OF LIVERNOIS ROAD FROM AVON ROAD TO WALTON BOULEVARD — PROJECT NO. 54281 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 City of Rochester 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 Rochester Hills and said appropriation has been transferred to a project account; and WHEREAS the City of Rochester 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 (113) share of the Fiscal Year 2019 authorized amount of Tri -Party Road Improvement funding for Project No. 54281 in the City of Rochester Hills is $157,269; and WHEREAS funding is available in the General Fund Assigned Fund Balance for Tri -Party 2019 and prior funding (account #383510) for Project No. 54281 in the amount of $157,269. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Rochester 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 Rochester Hills. BE IT FURTHER RESOLVED the FY 2019 budget will be amended as follows: GENERAL FUND (#10100) Revenue 9010101-196030-665882 Expenditures 9010101-153010-740135 Planned Use of Balance Total Revenue Road Commission Tri -Party Total Expenditures Chairperson, I move the adoption of the foregoing Resolution. FY 2019 $157,269 $157,269 $157,269 $157,269 Commissioner Adam District #15 chenderfer Quality Life through Good Roads "We Care" for OAKLAND COUNTY nter--Departmental Memorandum PROGRAMMING DIVISION To: Thomas G. Blust, RE., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor7Zil 06/06/19 DATE: May 28, 2019 SUBJECT: PROJECT NO. 54281, LIVERNOIS ROAD AVON ROAD TO WALTON BOULEVARD LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM CITY OF ROCHESTER HILLS Attached for your review and submission to the Board for their approval is the local cost participation agreement with the City of RochesterIls for the reconstruction of Livernois Road from Avon Road to Welton Boulevard. Construction on this project is expected to begin this summer. The estimated total cost is $5,611,896 and will be partially funded with Transportation Economic Development Fund — Category C program funds in the amount of $469,573. The remaining local share of $5,142,323 will be shared between the City of Rochester Hills, Oakland County, and the Board. Included in the contribution from the City of Rochester Hills is $3,600,000 of FY2020 and FY2021 Surface Transportation Program funds which will be awarded to the city when they become available. Our total estimated share is $817,630 and is in the FY19 budget. The project is in the district of County Commissioner Adam Kochenderfer. 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. Attachments Recommended for Board Approval Thomas G. Blast, P.E. Director of Engineering 16A =7IROAD COMM/SS/ON for OAKLAND COUNTY QUALITY LEFE THROUGH GOOD ROADS: ROAD COMMISSION 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 Gary Plotrowicz, P.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 June 6, 2019 Ms. Tina Barton, Clerk City of Rochester Hills 1000 Rochester Hills Drive Rochester Hills, MI 48309-3033 Re: Livernois Road; Project No. 54281 Local Cost Participation Agreement/Tri-Party Program Dear Ms. Barton: 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, June 6, 2019. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, Shannon J. Miller Deputy -Secretary /Clerk of the Board Ism Enclosure cc: Finance Department Engineering Department Programming Division Lynn Sonkiss, Oakland County COST PARTICIPATION AGREEMENT CONSTRUCTION Livernois Road Avon Road to Walton Boulevard City of Rochester Hills Board Project No. 54281 6th Jun , This Agreement, made and entered into this day of , 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 Rochester Hills, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD and the COMMUNITY, in cooperation with the Michigan Departrnent of Transportation, hereinafter referred to as MDOT, have programmed the reconstruction of Livernois Road from Avon Road to Walton Boulevard, 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 $5,611,896; and WHEREAS, the BOARD will enter into a contract with MDOT for partial funding of the PROJECT with Transportation Economic Development Fund — Category C program dollars in the amount of $469,573; 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 $471,808, 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 estimated total LOCAL SHARE is $5,142,323 and shall be funded and invoiced simultaneously and proportionately: a. Tri Party Program funding in the amount of $471,808. b. The COMMUNITY shall advance $3,600,000 toward the PROJECT. c. The advance construct local match, estimated in the amount of $900,000, shall be shared equally and simultaneously between the BOARD and the COMMUNITY. Each share is estimated to be $450,000, respectively. The COMMUNITY will use $450,000 in Tri -Party Program funds for this advance construct Iocal match. d. The COMMUNITY agrees that if the federal funds conversion of $3,600,000 does not occur, this amount will be shared equally by the BOARD and the COMMUNITY. e. The TEDF-C Iocal match, estimated in the amount of $117,392, shall be shared equally and simultaneously between the BOARD and the COMMUNITY. Each share is estimated to be $58,696, respectively. Livernois Road City of Rochester Hills Project No. 54281 4/16/2019 -2- f. The BOARD shall be responsible for their portion of the non -participating items, estimated in the amount of $40,000, which includes irrigation system work, Any BOARD non -participating cost overages shall be funded 100% by the BOARD. g. The COMMUNITY shall be responsible for their portion of the non -participating items, estimated in the amount of $261,603, which includes storm sewer installation. Any COMMUNITY non -participating cost overages shall be funded 100% by the COMMUNITY, h. The COMMUNITY shall contribute $111,664 ($21,808 in Tri -Party Program funds plus a contribution of $89,856) toward the LOCAL SHARE and the BOARD shall contribute $111,664 toward the LOCAL SHARE, simultaneously. Any PROJECT cost overages, with the exception of the non -participating items, shall be shared equally between the BOARD and the COMMUNITY. 4. Upon execution of this agreement, the BOARD shall submit an invoice to the COMMUNITY in the amount of $4,167,424 (being 100% of the COMMUNITY'S Tri -Party contribution, 100% of the COMMUNITY'S STP Advance Construct, 100% of the COMMUNITY'S TEDF-C Local Match, 100% of the COMMUNITY'S non -participating costs, and 100% of the COMMUNITY'S additional contribution). 5. After execution of this agreement and approval by the COUNTY, the BOARD shall submit an invoice to the COUNTY in the amount of $157,269 (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, MI 48328 6. 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 Llvernols Road City of Rochester Hills Project No. 54281 4/16/2019 -3- 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. 7. The BOARD shall reimburse the COMMUNITY: 1) the amount of the $3,400,000 paid to date by the COMMUNITY, or 2) the refunded advance conversion dollars received from MDOT (whichever is the lesser) for advance constructing $3,400,000 in FY2020 STP funds after the conversion of the federal funds in FY2020 is received by the BOARD and after final adjustment notices are received upon completion of State financial audits. 8. The BOARD shall reimburse the COMMUNITY: 1) the amount of the $200,000 paid to date by the COMMUNITY, or 2) the refunded advance conversion dollars received from MDOT (whichever is the lesser) for advance constructing $200,000 in FY2021 STP funds after the conversion of the federal funds in FY2021 is received by the BOARD and after final adjustment notices are received upon completion of State financial audits. 9. 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. Livemais Road City of Rochester Hills Project No. 54281 4/16/2019 .4_ IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and date first written above. Livernols Road City of Rochester Hills Project No. 54281 4/16/2019 BOARD OF ROAD COMMISSIONERS OF THE COUNTY OF OAKLAND A Public Body Corporate ByA a �n�-Uo Its Managing Director CITY OF ROCH -5- EXHIBIT A TRI -PARTY PROGRAM Livernois Road Avon Road to Walton Boulevard City of Rochester Hills Board Project No. 54281 Reconstruction of Livernois Road from Avon Road to Walton Boulevard. ESTIMATED PROJECT COST Contractor Payments Less Federal Funds (TEDF-C) Total Estimated Local Share $5,611,896 $469, 573 $5,142,323 COST PARTICIPATION BREAKDOWN Livernois Road City of Rochester Hills Project No. 54281 4/16/2019 -6- COMMUNITY COUNTY BOARD TOTAL FY2017 Tri -Party Program $16,648 $16,648 $16,648 $49,944 FY2019 Tri -Party Program $140,621 $140,621 $140,622 $421,864 STP Advance Construct FY2020 $3,400,000 $0 $0 $3,400,000 STP Advance Construct FY2021 $200,000 $0 $0 $200,000 STP Advance Construct Local Match (Community portion covered by Tri- Party Program funds) $0 $0 $450,000 $450,000 TEDF-C Local Match $58,696 $0 $58,696 $117,392 Non -Participating Costs $261,603 $0 $40,000 $301,603 Contribution (amount not covered by Tri -Party Program funds) $89,856 $0 $111,664 $201,520 TOTAL SHARES $4,167,424 $157,269 $817,630 $5,142,323 Livernois Road City of Rochester Hills Project No. 54281 4/16/2019 -6- Resolution #19218 June 12, 2019 The Chairperson referred the resolution to the Economic Growth and Infrastructure committee. There were no objections. Resolution *19218 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 PVRSUANT TO MCI. 45.559k7 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, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac, Michigan this 18H1 day of July, 2019. Lisa Brown, Oakland County