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Home My WebLink AboutResolutions - 2020.11.19 - 33837MISCELLANEOUS RESOLUTION #20518 November 19, 2020 Commissioner Philip Weipert, District #8 IN RE: BOARD OF COMMISSIONERS—TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2021 APPROPRIATION — CHARTER TOWNSHIP OF LYON — PAVING OF CURRIE ROAD FROM NORTH OF 9 MILE ROAD TO 10 MILE ROAD — PROJECT NO. 55481 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 Lyon, 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 Lyon and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Lyon 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 2021 authorized amount of Tri-Party Road Improvement funding for Project No. 55481 in the Charter Township of Lyon is $140,167; and WHEREAS funding is available in the General Fund Assigned Fund Balance for Tri-Party 2021 and prior funding (Account #383510) for Project No. 55481 in the amount of $140,167. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Lyon 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 Lyon. BE IT FURTHER RESOLVED the FY 2021 budget will be amended as follows: GENERAL FUND t#1010M FY 2021 Revenue 9010101-196030-665882 Planned Use of Balance $140,167 Total Revenue $14. 167 Expenditures 9010101-153010-740135 Road Commission Tri-Party $140,167 Total Expenditures $140,16Z Chairperson, on behalf of the Finance and Infrastructure Committee, I move the adoption of the foregoing Resolution. r r Philip Weipe ' trict#8 FINANCE AND INFRASTRUCTURE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. Qualify Life through Good Roads "We Care" `/i 1012212020 14D Inter -Departmental Memorandum Noes, - name PROGRAMMING DIVISION DATE: October 13, 2020 To: Sam Fitzer, P.E., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor-rdfl SUBJECT: PROJECT NO. 55481, CURRIE ROAD NORTH OF 9 MILE ROAD TO 10 MILE ROAD LOCAL COST PARTICIPATION AGREEMENTITRI-PARTY PROGRAM CHARTER TOWNSHIP OF LYON Attached for your review and submission to the Board for their approval is the local cost participation agreement with the Charter Township of Lyon for the gravel road paving of Currie Road from north of 9 Mile Road to 10 Mile Road. Construction is expected to begin with tree removals over the winter, with the majority of construction in 2021. The estimated total cost is $2,712,924 and will be partially funded with Highway Improvement Program funds and Surface Transportation Program funds totaling $1,871,924. The remaining local match of $841,000 will be shared equally between the Charter Township of Lyon and the Board. The township has elected to use the Tri-Party Program to fund their share of $420,500. Our total estimated share is $560,666 and is in the FY20 budget. The project is in the district of County Commissioner Phil Weipert. 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 Sam Fitzer, P.E. Director of Engineering �WOAD CONNISSION AtaAmtn&nl !AWJrW QUALITY LIFE TRR000R GOOD ROADS, October 22, 2020 ROAD COMMISSION FOR GARLAND COUNTY "WE CARE," Board of Road Commissioners Ronald J. Fawkes Ms. Michele Cash, Clerk Commissioner Charter Township of Lyon Gregory C. Jamlan 58000 Grand River Avenue Commissioner New Hudson, MI 48165 Andrea LaLonde Commissioner Re: Project No. 55481, Currie Road North of 9 Mile Road to 10 Mile Road Dear Ms. Cash: Dennis 0. Kolar, P.E. Managing Pireotor A fully signed and executed agreement for the above -mentioned Gary Picirowicz, P.E. P.r.O.E. project is enclosed. Deputy Managing Director Candy 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, October 22, 2020. Please contact Thomas G, Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, r1�=171�L��s- Clerk of the Board ` Shannon J. Mill r Deputy -Secretary /Clerk of the Board 31001 Lahser Road Beverly Hills, MI 48025 /sm 248-645-2000 Enclosure FAX cc: Finance Department 248.645-1349 Engineering Department Programming Division Lynn Sonkiss, Oakland County Www.rcomeh,org COST PARTICIPATION AGREEMENT CONSTRUCTION Currie Road North of 9 Mile Road to 10 Mile Road Charter Township of Lyon Board Project No. 55481 This Agreement, made and entered into this 22nd day of 0(,1(06er , 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 Lyon, 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 Currie Road from north of 9 Mile Road to 10 Mile 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 $2,712,924; and WHEREAS, the BOARD has entered into a contract with MDOT in Contract No. 20-5299 under the Highway Improvement Program and the Surface Transportation Program totaling $1,871,924; 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 $420,500, 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 construction engineering and 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 $841,000 and shall be funded and invoiced proportionately and simultaneously as follows: a. The BOARD shall contribute $420,500 or one-half of the LOCAL SHARE. b. The COMMUNITY shall contribute $420,500 or one-half of the LOCAL SHARE, and has elected to use $420,500 in Tri-Party Program funds to fund this share. This $420,500 includes $121,598 from the FY2021 Tri-Party Program and $92,161 from the FY2022 Tri-Parry Program. If these funds are not available, the COMMUNITY will be responsible for the $213,759 share. c. Any LOCAL SHARE costs above $841,000 will be funded first with any available Tri-Party Program funds. If no Tri-Party Program funds are available, any LOCAL SHARE costs above $841,000 will be shared equally between the BOARD and the COMMUNITY. Currie Road - Z' Charter ToWnShip of Lyon Project No. 55481 512OW= 4. Upon execution of this agreement, the BOARD shall submit an invoice to the COMMUNITY in the amount of $68,914 (being 100% of the COMMUNITY'S Tri-Party contribution for FY2019 and FY2020). 5. After execution of this agreement and approval by the COUNTY, the BOARD shall submit an invoice to the COUNTY in the amount of $68,914 (being 100% of the COUNTY'S Tri- Party contribution for FY2019 and FY2020). 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. After February 1, 2021, the BOARD shall submit an invoice to the COMMUNITY in the amount of $40,533 (being 100% of the COMMUNITY'S FY2021 Tri-Parry contribution). 7. After February 1, 2021, the BOARD shall submit an invoice to the COUNTY in the amount of $40,533 (being 100% of the COUNTY'S FY2021 Tri-Party contribution). 8. After February 1, 2022, the BOARD shall submit an invoice to the COMMUNITY in the amount of $30,720 (being 100% of the COMMUNITY'S FY2022 Tri-Party contribution). 9. After February 1, 2022, the BOARD shall submit an invoice to the COUNTY in the amount of $30,720 (being 100% of the COUNTY'S FY2022 Tri-Party contribution). 10. 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. 11. 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. Curne Road - 3 - Charter Township of Lyon Project No. 55451 $12012020 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 Its Managing director CHARTER TOWNSHIP OF LYON By��._--- Its Currie Road Charter Township of Lyon Project No. 55481 812012020 EXHIBIT A TRI-PARTY PROGRAM Currie Road North of 9 Mile Road to 10 Mile Road Charter Township of Lyon Board Project No. 55481 Gravel road paving of Currie Road from north of 9 Mile Road to 10 Mile Road. ESTIMATED PROJECT COST Contractor Payments $2,712,924 Less Federal Funds $1,871,924 Total Estimated Local Share $841,000 COST PARTICIPATION BREAKDOWN COMMUNITY COUNTY BOARD TOTAL IFY2019 Tri-Party Program $28,381 $28,381 $28,381 $85,143 IFY2020 Tri-Party Program $40,533 $40,533 $40,532 $121,598 IFY2021 Tri-Party Program* $40,533 $40,533 $40,532 $121,598 IFY2022 Tri-Party Program* $30,720 $30,720 $30,721 I $92,161 (Contribution $0 $0 $420,500 $420,500 (TOTAL SHARES $140,167 $140,167 $560,666 $841,000 " The FY2021 and FY2022 Tri-Party Program allocations will be announced early in 2021 and 2022. These are estimates of those amounts. Currie Road Charter Township of Lyon Project No. 55481 812012020 Resolution #20518 November 19, 2020 Moved by Long seconded by Luebs the resolutions on the Consent Agend be adopted. 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. I HEREBYAPPROVE THIS RIF SOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PUHSUANI 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 November 19, 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 191' day of November, 2020. Lisa Brown, Oakland County