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HomeMy WebLinkAboutResolutions - 2020.10.21 - 33756MISCELLANEOUS RESOLUTION #20447 October 21, 2020 BY: Commissioner Helaine Zack, Chairperson, Finance and Infrastructure Committee IN RE: BOARD OF COMMISSIONERS —TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2021 APPROPRIATION — CHARTER TOWNSHIP OF BLOOMFIELD — RESURFACING OF MAPLE ROAD FROM INKSTER ROAD TO FRANKLIN ROAD — PROJECT NO. 55341 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 Charter Township of 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 (1/3) share of the funding for the project in the Charter Township of Bloomfield and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Bloomfield 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 2021 authorized amount of Tri-Party Road Improvement funding for Project No. 55341 in the Charter Township of Bloomfield is $91,818; and WHEREAS funding is available in the General Fund Assigned Fund Balance for Tri-Party 2021 and prior funding (account #383510) for Project No. 55341 in the amount of $91,818. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of 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 Bloomfield. BE IT FURTHER RESOLVED the FY 2021 budget will be amended as follows: GENERAL FUND (#10100) FY 2021 Revenue 9010101-196030-665882 Planned Use of Balance $91,818 Total Revenue 91 818 Expenditures 9010101-153010-740135 Road Commission Tri-Party $91,818 Total Expenditures 91 8 Chairperson, on behalf of the Finance and Infrastructure Committee, I move the adoption of the foregoing Resolution. �t�« 4Ar Commissioner Helaine Zack istrict 418 Chairperson, Finance & Infrastructure Committee d Road.+• "11'e Care" r./� Quality Lrfe through o� 13 /j f018/2a C%�' eJ"t1:1�1'_I� eJ�.e�+JY1'rYY Zoll; Ajes' 9/ 'T'/ .L Inter —Departmental Memorandum Nay es - none PROGRAMMING DIVISION DATE: September 22, 2020 To: Samuel Fitzer, P.E., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor-7/9 r) SUBJECT: PROJECT NO. 55341, MAPLE ROAD INKSTER ROAD TO FRANKLIN ROAD LOCAL COST PARTICIPATION AGREEMENTITRI-PARTY PROGRAM CHARTER TOWNSHIP OF BLOOMFIELD Attached for your review and submission to the Board for their approval is the local cost participation agreement with the Charter Township of Bloomfield for the resurfacing of Maple Road from Inkster Road to Franklin Road. Construction is expected to begin with tree removals over the winter, with the majority of construction in 2021. The estimated total cost is $4,294,112 and will be partially funded with Highway Improvement Program and Surface Transportation Program funds in the amount of $2,950,055. The township will contribute $111,630 for the non -motorized pathway work. The Board will contribute $365,757 for the culvert replacement work. The remaining local match of $866,670 will be shared equally between the Charter Township of Bloomfield and the Board. The township has elected to use the Tri-Party Program to fund their share. Our total estimated share is $943,537 and is in the FY20 budget. The project is in the district of County Commissioner Marcia Gershenson. 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 Samuel Fitzer, P.E. Director of Engineering ®ROAD coA/m/55/0i/ AflnafitIsrefib 4hhkiIIs) QUALM LIFE THROUGH GOOD ROADS: October 8, 2020 ROAD COMMISSION FOR OAHLAND COUNTY "WE CARE" Board of Road Commissioners Ronald J. Fowkes Mrs. Janet Roncelli, Clerk Commissioner Charter Township of Bloomfield Gregory C. Jamian P.O. Box 489 Commissioner Bloomfield Hills, MI 48303-0489 Andrea LaLonde Commissioner Re: Project No. 55341, Maple Road Inkster Road to Franklin Road Local Cost Participation Agreement / Tri-Party Program Dennis G. Kolar, P.E. Dear Mrs. Roncelli: Managing Director cz, P.E., T.O.E Gary A full signed and executed agreement for the above -mentioned Y 9 9 o Deputy Managing Director y Managing County Highway Engineer 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, October 8, 2020. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, `Lr4�CUlrlcx� Shannon Jtiller 31001 Lahser Road Deputy -Secretary /Clerk of the Board Beverly Hills, MI 48025 /sm 248-645-2000 Enclosure FAX 248.646-1349 cc: Finance Department Engineering Department Programming Division www.rcocweb.org COST PARTICIPATION AGREEMENT CONSTRUCTION Maple Road Inkster Road to Franklin Road Charter Township of Bloomfield Board Project No. 55341 This Agreement, made and entered into this 816 day of Orfo&r 2020, 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 Bloomfield, 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 resurfacing of Maple Road from Inkster Road to Franklin Road, as described in Exhibit "A", attached hereto, and made a part hereof, which improvements involve roads under thejurisdiction 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 $4,294,112; and WHEREAS, the BOARD has entered into a contract with MDOT in Contract No. 20-5301 under the Highway Improvement Program and the Surface Transportation Program totaling $2,950,055: 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 $433,335, 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 $1,344,057 and shall be funded and invoiced proportionately and simultaneously as follows: a. The COMMUNITY shall contribute the cost for all non -participating sidewalk work, estimated in the amount of $111,630. Any non -participating sidewalk costs above $111,630 shall be funded 100% by the COMMUNITY. b. The BOARD shall contribute the cost for the culvert replacement work, estimated in the amount of $365,757. Any culvert replacement costs above $365,757 shall be funded 100% by the BOARD. c. The COMMUNITY shall contribute one-half of the remaining project costs, estimated in the amount of $433,335 and has elected to use the Tri-Party Program to fund this share. This $433,335 includes $275,455 from the FY2021 Tri-Party Program and $157,880 from the FY2022 Tri-Party Program. If these funds are not available, the COMMUNITY will be responsible for the $433,335 share. d. The BOARD shall contribute one-half of the remaining project costs, estimated in the amount of $433,335. Maple Road - 2 - Charter Township of Bloomfield Project No. 55341 8/2512020 e. Any participating LOCAL SHARE cost overages will be funded first with any available Tri-Party Program funds. If no Tri-Party Program funds are available, any LOCAL SHARE costs above $866,670 will 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 $128,037 (being 50% of the COMMUNITY'S total contribution). 5. As costs are incurred, the BOARD shall invoice the COMMUNITY for the remaining 50% of the COMMUNITY'S total contribution 6. After February 1, 2021, the BOARD shall submit an invoice to the COUNTY in the amount of $91,818 (being 100% of the COUNTY'S Tri-Party contribution for FY2021). 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. After February 1, 2022, the BOARD shall submit an invoice to the COUNTY in the amount of $52,627 (being 100% of the COUNTY'S FY2022 Tri-Party contribution). 8. 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. 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. Maple Road - 3 - Charter Township of Bloomfield PrDJed No 55341 8I25f2D20 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 Its Managing Directov CHARTER TOWNSHIP OF BLOOMFIELD By Its �vc,v�},.r�`1 �'� >>��Jv 5 - Maple Road - 4 - Charter Township of Bloomfield Project No. 55341 812512020 EXHIBIT A TRI-PARTY PROGRAM Maple Road Inkster Road to Franklin Road Charter Township of Bloomfield Board Project No. 55341 Resurfacing of Maple Road from Inkster Road to Franklin Road. ESTIMATED PROJECT COST Contractor Payments $4,294,112 Less Federal Funds $2,950,055 Total Estimated Local Share $1,344,057 I COST PARTICIPATION BREAKDOWN I COMMUNITY COUNTY BOARD TOTAL IFY2021 Tri-Party Program" $91,818 $91,818 $91,819 $275,455 IFY2022 Tri-Party Program" $52,627 $52,627 $52,626 $157,880 (Contribution $111,630 $0 $799,092 $910,722 ITOTAL SHARES $256,075 $144,445 $943,537 $1,344,057 ' The FY2021 and FY2022 TO -Party Program allocations vnll be announced early In 2021 and 2022. These are estimates of those amounts. Maple Road - 5 - Charier Township of Bloomfield Project No. 55041 812512020 Resolution #20447 October21, 2020 Moved by Long seconded by Quarles the resolutions on the amended Consent Agenda be adopted. AYES; Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, 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. I HEREBY APPROVE THIS RESOLUI ION CHIEF DEPUTY COUNTY EXECUTIVIM ACTING PURBUAN`I TO MGL 46.559A (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 October 21, 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 218' day of October, 2020. Lisa Brown, Oakland County