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Home My WebLink AboutResolutions - 2021.06.17 - 34606MISCELLANEOUS RESOLUTION #21217 June 17, 2021 BY: Commissioners Tom Kuhn, District #11; Penny Luebs, District #16; Gary McGillivray, District 20 IN RE: BOARD OF COMMISSIONERS —TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2021 APPROPRIATION — CITY OF TROY— CONCRETE SLAB REPLACEMENT — PROJECT NO. 66521 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 7, 2020, the Board of Commissioners approved Miscellaneous Resolution #20635 which designated $5,319,430 in fund balance for the Tri-Party Road Improvement Program for projects managed by the RCOC; and WHEREAS the City of Troy, 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 Troy and said appropriation has been transferred to a project account; and WHEREAS the City of Troy 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. 55521 in the City of Troy is $394,031; and WHEREAS funding is available in the General Fund Assigned Fund Balance for Tri-Party 2021 and prior funding (account #383510) for Project No. 55521 in the amount of $394,031. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Troy 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 Troy. BE IT FURTHER RESOLVED the FY 2021 budget will be amended as follows: GENERAL FUND 410100) FY 2021 Revenue 9010101-196030-665882 Planned Use of Balance $394,031 Total Revenue $24 31 Expenditures 9010101-153010-740135 Road Commission Tri-Party $394,031 Total Expenditures Chairperson, I move the adoption of the foregoing Resolution. Commissioner Tom Kuhn Commiss4r Penny Luebs Di trict #11 District #16 Commi sion Gary cGillivray District #20 ECONOMIC DEVELOPMENT AND INFRASTRUCTURE COMMITTEE VOTE: Motion carried on a roll call vote with Markham absent. Qrmllip Li/i through Good Roods "We Care" .ter:. •rrt..�.��l:�r�r Inter —Departmental Memorandum PROGRAMMING DIVISION To: Samuel Fitzer, P.E., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor Q/1� o5/2a/2r DATE: May'I'l, 2021 SUBJECT: PROJECT NO. 55521, 2021 CONCRETE REPLACEMENT PROGRAM VARIOUS COUNTY ROADS LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM CITY OF TROY Attached for your review and submission to the Board for their approval is the local cost participation agreement with the City of Troy for the concrete slab replacement work on various county roads in the city. Construction on this project is expected to begin this summer. The estimated total cost is $7,125,000 and will be partially funded with Surface Transportation Program Relief funds in the amount of $4,100,000, The remaining local match of $3,025,000 will be shared between the City of Troy, Oakland County, and the Board. Our total estimated share is $1,919,031 and is in the FY21 budget, The project is in the districts Of County Commissioners Tom Kuhn, Penny Luebs, and Gary McGillivray. 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 Snnnicl HINT ,"""• v„ a :,e � u n nni Samuel Fitzer, PE Director of Engineering Lov�(u\r 16C 500 W,;.A 16g Ocave, Tray, Nil 480H4 a: r trnymt9ov - -IA, 0111 c nN ---- CITY OF TROY OAKLAND COUNTY, MICHIGAN RESOLUTION At a Regular meeting of the Troy City Council held on Monday, April 26, 2021, the following Resolution was passed: J-10 Cost Participation Agreement for 2021 Concrete Replacement Program with RCOC Resolution #2021-04-060-J-10 Moved by Abrahim Seconded by I-lodorelc RESOLVED, That Troy City Council hereby APPROVES the Cost Participation Agreement between the City of Troy and the Board of County Road Commissioners for Oakland County for the removal and replacement of concrete pavement on various County roads at an estimated cost to the City of Troy of $711,938, and the Mayor and City Clerk are AUTHORIZED TO EXECUTE the agreement, a copy of which shall be ATTACHED to the original Minutes of this meeting, FUnds for Troy's share of the work are included in the 2021 Capital Projects Fund, Project # 2021 C0038 (Account It 401.447.479.7989.500) and Project # 2021 C0029 (Account # 2021 C0029), Yes: All-7 No: None MOTION CARRIED I, M, Aileen Dickson, duly appointed City Clerk of the City of Troy; do hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Troy City Council at a Regular Meeting duly called and held on Monday, the Twenty-sixth day of April, 2021, M. Aileen Dickson, MMC, MIPMC II City Clerk COST PARTICIPATION AGREEMENT CONSTRUCTION 2021.Concrete Replacement Program Various County Roads City of Troy Board Project No. 55521 This Agreement, made and entered into this 20th day of May , 2021, 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 Troy, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD and the COMMUNITY have programmed the concrete replacement work on various county roads, 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 $7,125,000 (PART 1 = $2,000,000 Maintenance Department Concrete Program & PART 2 = $5,125,000 Engineering Department Project); and WHEREAS, said PROJECT (Part 1 and 2) involves certain designated and approved Tri-Party Program funding in the amount of$1,182,093, which amount 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, the BOARD will enter into a contract with MDOT for partial funding of the PROJECT (Part 2) with federal program dollars under the Surface Transportation Program Emergency Relief funds in the amount of $4,100,000; and WHEREAS, the BOARD, as the requesting party therein, will be the party financially responsible to MDOT to bear all costs of the PROJECT (Part 2) in excess of federal funds, hereinafter referred to as the LOCAL SHARE; and WHEREAS, the BOARD and the COMMUNITY have reached a mutual understanding regarding the cost sharing of the PROJECT 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 to perform orcause 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 PROJECT cost for PART 1 is $2,000,000 and shall be invoiced and funded proportionately and simultaneously as follows: a. Tri-Party Program funding in the amount of $1,000,000. b. The BOARD shall contribute the construction engineering. c. The BOARD shall also contribute $1,000,000 toward the PROJECT. d. Any PART 1 PROJECT costs above the $2,000,000 will be funded 100% by the BOARD. 4. The estimated LOCAL SHARE for PART 2 is $1,025,000 and shall be invoiced and funded proportionately and simultaneously as follows: a. Tri-Party Program funding in the amount of $182,093. b. The COMMUNITY shall contribute $317,907 toward the LOCAL SHARE. c. The BOARD shall contribute the construction engineering. 2021 Concrole Replacement Program -2- City of Troy Project No. 55521 41012021 d. The BOARD shall contribute $525,000 toward the LOCAL SHARE. e. Any PART 2 costs above $1,025,000 will be funded 100% by the BOARD. 5. Upon execution of this agreement, the BOARD shall submit an invoice to the COMMUNITY in the amount of $711,938 (being 100% of the COMMUNITY'S Tri-Party contribution for Part 1 & 2 and 100% of the COMMUNITY'S contribution for Part 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 $394,031 (being 100% of the COUNTY'S Tri-Party contribution for Part 1 & 2). 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. 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. 2021 Concrete Replacement Program - 3 - City of Troy Project No. 55521 4/9/2021 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 LAP Its Managing Director CITY OF TROY By Its Mayor Its City Clerk 2021 Concrete Replacement Program - 4 - City o1 Troy Pralm:t No. 55521 4/f112021 EXHIBIT A TRI-PARTY PROGRAM 2021 Concrete Replacement Program Various County Roads City of Troy Board Project No. 55521 Concrete slab replacement on various county roads in the City of Troy. ESTIMATED PROJECT COST Part 1 - Maintenance Department $2,000,000 Part 2 - Engineering Department $5,125,000 TOTAL FOR PART 1 & 2 $7,125,000 Less Federal Funds for Part 2 $4,100,000 Total Estimated Project Cost $3,025,000 COST PARTICIPATION BREAKDOWN COMMUNITY COUNTY BOARD TOTAL (PART 1: $p IFY2020 Tri-Party Program $195,213 $195,213 $195,214 $585,640 IFY2021 Tri-Party Program $138,120 $138,120 $138,120 $414,360 (Contribution $01 $0 $1,000,000 $1,000,000 IPART 2: I IFY2021 Tri-Party Program $60,698 I $60,698 $60,697 $182,093 (Contribution $317,907 $0 $525,000 $842,907 ITOTAL SHARES $711,938 $394,031 $1,919,031 $3,025,000 2021 Concrete Replacement Program - 5 - City of Troy Project No. 55521 4r012021 Resolution #21217 June 17, 2021 Moved by Gingell seconded by Hoffman the resolutions on the amended Consent Agenda be adopted. AYES: Charles, Gershenson, Gingell, Hoffman, Jackson, Joliet, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Miller, Moss, Nelson, Spisz, Weipert, Woodward, Cavell. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted. a I HEREBY APPROVE THIS RESOLUTION 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 June 17, 2021, 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 171h day of June, 2021. Lisa Brown, Oakland County