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Home My WebLink AboutResolutions - 2020.07.02 - 33383REPORT (MISC. #20214) July 2, 2020 BY: Commissioner Helaine Zack, Chairperson, Finance and Infrastructure Committee IN RE: MR #20214 — BOARD OF COMMISSIONERS — TRI -PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2020 APPROPRIATION — CITY OF ROCHESTER HILLS — RECONSTRUCTION OF DEQUINDRE ROAD FROM NORTH UTICA ROAD TO NORTH OF AUBURN ROAD — PROJECT NO. 53921 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance and Infrastructure Committee, having reviewed the above -referenced resolution on July 1, 2020, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Finance and Infrastructure Committee, I move the acceptance of the foregoing report. Commissioner HelaineM Wck, District #18 Chairperson, Finance Committee FINANCE AND INFRASTRUCTURE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Long absent. MISCELLANEOUS RESOLUTION #20214 BY: Commissioner Adam Kochenderfer, District #15 IN RE: BOARD OF COMMISSIONERS —TRI -PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2020 APPROPRIATION — CITY OF ROCHESTER HILLS — RECONSTRUCTION OF DEQUINDRE ROAD FROM NORTH UTICA ROAD TO NORTH OF AUBURN ROAD — PROJECT NO. 53921 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 12, 2019, the Board of Commissioners approved Miscellaneous Resolution #19411 which designated $4,602,324 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 (1/3) share of the Fiscal Year 2020 authorized amount of Tri -Party Road Improvement funding for Project No. 53921 in the City of Rochester Hills is $125,698, and WHEREAS funding is available in the General Fund Assigned Fund Balance for Tri -Party 2020 and prior funding (account #383510) for Project No. 53921 in the amount of $125,698. 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 2020 budget will be amended as follows: GENERAL FUND (#10100) FY 2020 Revenue 9010101-196030-665882 Planned Use of Balance $125,698 Total Revenue 12 Expenditures 9010101-153010-740135 Road Commission Tri -Party $125,698 Total Expenditures 12 Chairperson, I move the adoption of the foregoing Resolution. �� /,A� Commissioner Adam Koche5Krfer District #15 Quality Life through Good Roads "We Care" =ROA17 cv��isso� Inter -Departmental Memorandum PROGRAMMING DIVISION To: Thomas G. Blust, P.E., Director of Engineering FROM: Thomas G. Noechel, Programming SupervisofTbA 14 0/04 A Ro1�20Ayes L / L - none DATE: May 26, 2020 SUBJECT: PROJECT NO. 53921, DEQUINDRE ROAD NORTH OF UTICA ROAD TO NORTH OF AUBURN ROAD 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 Rochester Hills for the reconstruction of Dequindre Road from north of Utica Road to north of Auburn Road. Construction on this project will be completed this year. The estimated total cost is $9,306,818 and will be partially funded with Transportation Economic Development— Category C funds in the amount of $7,309,935. The remaining local match of $1,996,883 will be shared between the Macomb County Department of Roads, the City of Rochester Hills, the Charter Township of Shelby, and the Board. The City of Rochester Hills will contribute $377,093 in Tri -Party Program funds along with a contribution of $63,727 for non -participating costs. Our total estimated share is $574,260 and is in the FY20 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. /je Attachments Recommended for Board Approval Thomas G. Blust, P.E. Director of Engineering Concur for G.P. — 05/27/2020 ®ROAD COMAI/sWom GUNu LIFE THROUGH GOOD ROMS9 June 4, 2020 ROAD COMM ION FOR GNRLMID COUNTY "WE CARE." Board o/ Road Commissioners Ronald J. Fowkes Ms. Tina Barton, Clerk Commissioner City of Rochester Hills Gregory C. Jamian 1000 Rochester Hills Drive Commissioner Rochester Hills, MI 48309-3033 Andrea LaLonde Commissioner Re: Project No. 53921; Dequindre Road North of Utica Road to North of Auburn Road The agreement was approved and subsequently signed by Dennis G. Kolar, P.E., Managing Director at the regularly scheduled Board meeting of Thursday, June 4, 2020. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, 1nL1� Jn Clerk of the Board Shannon J. Mi r 31001 Lahser Road Deputy -Secretary /Clerk of the Board Beverly Hills, Ml 46025 /sm 248-645-2000 Enclosure FAX cc: Finance Department 248-645-1349 Engineering Department Programming Division Lynn Sonkiss, Oakland County www.rcocweb.org Dear Ms. Barton: Dennis G. Kolar, P.E. Managing Director A fully signed and executed agreement for the above-mentioned Gary Piotrowicz, P.E., P. T. O.E. Deputy Managing Director p ro ect is enclosed. County Highway Engineer The agreement was approved and subsequently signed by Dennis G. Kolar, P.E., Managing Director at the regularly scheduled Board meeting of Thursday, June 4, 2020. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, 1nL1� Jn Clerk of the Board Shannon J. Mi r 31001 Lahser Road Deputy -Secretary /Clerk of the Board Beverly Hills, Ml 46025 /sm 248-645-2000 Enclosure FAX cc: Finance Department 248-645-1349 Engineering Department Programming Division Lynn Sonkiss, Oakland County www.rcocweb.org COST PARTICIPATION AGREEMENT CONSTRUCTION Dequindre Road North of Utica Road to North of Auburn Road City of Rochester Hills Board Project No. 53921 Z This Agreement, made and entered into this t day of Ju 2020, by and between the Board of County Road Commissioners of the Cdi Ry of Oakland, Michigan, hereinafter referred to as the BOARD, and the City of Rochester Hills, hereinafter referred to as ROCHESTER HILLS, provides as follows: WHEREAS, the BOARD, ROCHESTER HILLS, the Charter Township of Shelby, hereinafter referred to as SHELBY, the Macomb County Department of Roads, hereinafter referred to as MCDR, in cooperation with the Michigan Department of Transportation, hereinafter referred to as MDOT, have programmed the reconstruction of Dequindre Road from north of Utica Road to north of Auburn Road, as described in Exhibit "A", attached hereto, and made a part hereof, which improvements involve roads under thejurisdiction of the BOARD and MCDR, within ROCHESTER HILLS and SHELBY, which improvements are hereinafter referred to as the PROJECT; and WHEREAS, the estimated total cost of the PROJECT is $9,306,818; and WHEREAS, the BOARD will enter into a contract with MDOT for partial funding of the PROJECT with federal program dollars under the Transportation Economic Development Fund — Category C funds in the amount of $7,309,935; 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, ROCHESTER HILLS' share of said LOCAL SHARE involves certain designated and approved Tri -Party Program funding in the amount of $377,093, which shall be paid through equal contributions by the BOARD, ROCHESTER HILLS, 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 ROCHESTER HILLS and the BOARD that: 1. ROCHESTER HILLS, SHELBY, and MCDR approve of the PROJECT, declare 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 for non -participating costs is $375,926 and shall be funded and invoiced proportionately and simultaneously as follows: a. The BOARD shall contribute $71,470 for our non -participating costs which include irrigation. Any BOARD non -participating overages shall be funded 100% by the b. ROCHESTER HILLS shall contribute $63,727 for their non -participating costs which include landscaping and sidewalk. Any ROCHESTER HILLS non -participating overages shall be funded 100% by ROCHESTER HILLS. C. SHELBY shall contribute $240,729 for their non -participating costs which include water main and sidewalk. Any SHELBY non -participating overages shall be funded 100% by SHELBY. 4. The remaining LOCAL SHARE for participating costs is $1,620,957 shall be funded and invoiced proportionately and simultaneously as follows: Dequindre Road -2- City 2 - City of Rochester Hills Project No. 53921 4/21/2020 a. SHELBY shall contribute $112,586 for their participating costs which include the 20% match for the water main. Any participating water main cost overages shall be funded 100% by SHELBY. b. MCDR shall contribute 50% of the participating construction costs, estimated in the amount of $754,185. G. The BOARD shall contribute 25% of the participating construction costs, estimated in the amount of $377,093. d. ROCHESTER HILLS shall contribute 25% of the participating construction costs, estimated in the amount of $377,093, and has elected to use the Tri -Party Program to fund this share. e. Any participating construction cost overages shall be funded 50% MCDR, 25% BOARD, 25% ROCHESTER HILLS (Tri -Party Program funds for ROCHESTER HILLS, if available, may be used for overages for this share). 5. Upon execution of this agreement, the BOARD shall submit an invoice to ROCHESTER HILLS in the amount of $189,425 (being 100% of their Tri -Party contribution and 100% of their non -participating costs). 6. Upon execution of this agreement and approval by the COUNTY, the BOARD shall submit an invoice to the COUNTY in the amount of $125,698 (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 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 Dequindre Road -3- City 3 - City of Rochester Hills Project No. 53921 4/21/2020 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 ROCHESTER HILLS and the COUNTY shall pay to the BOARD the full amount thereof, within thirty (30) days of such receipt. 9. The BOARD shall execute a separate Cost Participation Agreement with SHELBY and MCDR, for their shares of the estimated PROJECT cost. Dequindre Road - 4 City of Rochester Hills Project No. 53921 412112020 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 (Boody Corporate By C/vn v>vt 0 J Its Managing Director CITY OF ROCHEST HIL S I By P�r6ax, Its �A k\j t \ Dapindre Road - 5 - City of Rochester Hills Project No. 53921 4/2-1/2020 EXHIBIT A TRI -PARTY PROGRAM Dequindre Road North of Utica Road to North of Auburn Road City of Rochester Hills Board Project No. 53921 Reconstruction of Dequindre Road from north of Utica Road to north of Auburn Road. ESTIMATED PROJECT COST Contractor Payments Less Federal Funds Total Estimated Local Share FY19 Tri -Party Program IFY20 Tri -Party Program INon-Participating Costs Participating Costs - Construction Prticipating Costs - ater Main ITOTAL SHARES COST PARTICIPATION BREAKDOWN ROCH SHELBY HILLS TWP $16,648 $0 $109,050 $0 $63,727 $240,729 $0 $0 $0 $112,586 $189,425 $353,315 Dequindre Road - 6 - City of Rochester Hills Project No. 53921 4/21/2020 $9,306,818 $7,309,935 $1,996,883 MCDR COUNTY BOARD TOTAL $0 $16,648 $16,648 $49,9441 $0 $109,050 $109,049 $327,1491 $0 $0 $71,470 $375,9261 $754,185 $0 $377,093 $1,131,2781 $0 $0 $0 $112,586 $754,185 $125,698 $574,260 $1,996,883 File Number: 2020-0155 Rochester Hills Certified Copy Purchase: RES0109-2020 1000 Rochester Hills Dr Rochester Hills, MI 48309 (248)656-4600 Home Page: www.rochesterhills.org Enactment Number: RES0109-2020 Request for Purchase Authorization - DPS/ENG: Cost Participation Agreement approval between the Board of County Road Commissioners (BOARD) for the County of Oakland and the City of Rochester Hills for the widening and reconstruction of Dequindre Road from north of Utica Road to north of Auburn Road in the amount of $189,425.00; Road Commission for Oakland County, Beverly Hills, MI Resolved, that the Rochester Hills City Council hereby approves the Cost Participation Agreement between the Board of County Road Commissioners (BOARD) for the County of Oakland and the City of Rochester Hills for the widening and reconstruction of Dequindre Road from north of Utica Road to north of Auburn Road in the amount of $189,425.00 and further authorizes the Mayor to execute the agreement on behalf of the City. I, Tina Barton, City Clerk, certify that this is a true copy of RES0109-2020 passed at the Rochester Hills City Council Regular Meeting held on 5/4/2020 by the following vote: Moved by David Walker, Seconded by Dale A. Hetrick Aye: Blair, Bowyer, Deel, Hetrick, Morita, Mungioli and Walker i a Ba n MMC, City Clerk Mav 7, 2020 Date Certified Rochester Hills Page 1 Printed on 5/5/2020 Resolution #20214 June 25, 2020 The Chairperson referred the resolution to the Finance and Infrastructure Committee. There were no objections. Resolution #20214 July 2, 2020 Moved by Jackson seconded by Weipert the resolutions on the amended 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. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted (with accompanying reports being accepted). {kms GL, I HERE13YAPPROVETHIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANTTO 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 2, 2020, 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 2^d day of July, 2020. Lisa Brown, Oakland County