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Home My WebLink AboutResolutions - 2021.10.13 - 34908BOARD OF COMMISSIONERS October 13, 2021 MISCELLANEOUS RESOLUTION #21-384 Sponsored By: Philip Weipert IN RE: Tri-Party Road Improvement Program FY 2021 Appropriation with the Charter Township of Lyon for the G ravel Road Paving of Currie Road — Project No. 55961 Chairperson and Members of the Board: 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 420635, which designated $5,319,430 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 (1 /3) share of the Fiscal Year 2021 authorized amount of Tri-Party Road Improvement funding for Project No, 55961 in the Charter Township of Lyon is $ l 10,881; and WHEREAS funding is available in the General Fund Assigned Fund Balance for Tri-Party 2021 and prior funding (Account #383510) for Project No. 55964 in the amount of $110,881, WHEREAS in the event the FY 2022, FY 2023, FY 2024, and/or FY 2025 Tri-Party Program Funds are not available, the COMMUNITY shall be responsible for their one-third (1/3) share as well as the COUNTY'S one- third (1/3) share. 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 fiords 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 1T FURTHER RESOLVED the FY 2021 budget will be amended as follows: GENERAL FUND (910100) Revenue 9010101-196030-665992 Expenditures 9010101-153010-740135 FY 2021 Planned Use of Balance $110,991 Total Revenue $110,881 Road Commission Tri-Party $110,881 Total Expenditures $110,881 Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Philip Weipert. "id Date' October 13, 2021 David Woodward, Commissioner AA W. , Date: October 14, 2021 Hilarie Chambers, Deputy County Executive II tf t Date: October 15, 2021 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2021-10-06 Economic Development R Infrastructure - recommend to Board 2021-10-13 Full Board VOTE TRACKING Motioned by Commissioner Gary McGillivray seconded by Commissioner Christine Long to adopt the attached Resolution: Tri-Party Road Improvement Program FY 2021 Appropriation with the Charter Township of Lyon for the Gravel Road Paving of Currie Road — Project No. 55961. Yes: David Woodward, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhm, Charles Moss, Marcia Gershenson, Adam L. Kochenderfer, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson. Gary McGillivray, Robert Hofthtan (19) No: None (0) Abstain: None (0) Absent: Commissioner Miller III, Commissioner Gingell (2) The Motion Passed. ATTACHMENTS 55961 Tri-Party_Lyon'I'wp 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 13, 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 on Friday, October 13, 2021. Lisa Brown, Oakland County Clerk / Register of Deeds To: 19 74711 Qua itp Life duough Good Roads " We Care" .r t:v•r,rm�t.r�e, , Inter -Departmental Memorandum August 30, 2021 Samuel Fitzer, P.E., Director of Engineering 17B Rco Approved veil 09/09/2021 Quarles / Fowkes Thomas G. Noechel, Programming Supervisor DTW for TGN SUBJECT: PROJECT NO. 55961, CURRIE ROAD NORTH OF 8 MILE ROAD TO 9 MILE ROAD LOCAL COST PARTICIPATION AGREEMENT/TRI-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 8 Mile Road to 9 Mile Road. Construction on this project is expected to begin next summer. The estimated total cost is $3,706,726 and will be partially funded with Surface Transportation Program funds in the amount of $3,000,192. The remaining local match of $706,534 will be shared between the Charter Township of Lyon and the Board. The township will use the Tri-Party Program to fund their share. Our total estimated share is $484,772 and is in the FY21 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 e. x M'1m 1w .. Samuel Fitzer5',Zj " Department Review I ApprovalL- maemir =ie^=e ry a=n-iaww�o� Gary au=MW enia9=5[.ia4nw�tEi�, n, a J.=US latrowicz MDO Review / concur COST PARTICIPATION AGREEMENT CONSTRUCTION Currie Road North of 8 Mile Road to 9 Mile Road Charter Township of Lyon Board Project No. 55961 This Agreement, made and entered into this 9th _ day of September , 2021, 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 8 Mile Road to 9 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 $3,706,726; and WHEREAS, the BOARD will enter into a contract with MDOT for partial funding of the PROJECT with federal program dollars under the Surface Transportation Program in the amount of $3,000,192; 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 $332,642, 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 $706,534 and shall be invoiced simultaneously and proportionately as follows: a. The BOARD shall contribute the cost of the sprinkler relocation, estimated in the amount of $41,250. Any sprinkler relocation costs above $41,250, will be funded 100% by the BOARD. b. The remaining LOCAL SHARE of $665,284 shall be shared equally between the COMMUNITY and the BOARD. Each share is estimated to be $332,642. The COMMUNITY shall use the Tri-Party Program to fund their share. This $332,642 includes $755 from the FY2021 Tri-Party Program, $29,437 from the FY2022 Tri- Party Program, $121,598 from the FY2023 Tri-Party Program, $121,593 from the FY2024 Tri-Party Program, and $59,254 from the FY2025 Tri-Party Program. If these funds are not available, the COMMUNITY will be responsible for those shares. Any road construction LOCAL SHARE costs above $665,284, shall be funded 100% by the BOARD. Currie Road - 2 - Charter Township of Lyon Project No. 55961 8/26/2021 C. The COMMUNITY agrees to advance the FY2022, FY2023, FY2024, and FY2025 Tri-Party Program funds and will invoice the BOARD and the COUNTY in February of each year to reimburse the COMMUNITY for those shares. 4. Upon execution of this agreement, the BOARD shall submit an invoice to the COMMUNITY in the amount of $332,139 (being 100% of the COMMUNITY'S FY2021 Tri-Party contribution and 100% of the COMMUNITY'S total contribution for the road construction). 5. After execution of this agreement and approval by the COUNTY, the BOARD shall submit an invoice to the COUNTY in the amount of $252 (being 100% of the COUNTY'S FY2022 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, Ml 48328 6 After February 1, 2022, the COMMUNITY shall submit two invoices to the BOARD: a. The first invoice shall be payable by the BOARD in the amount of $9,812 (being 100% of the BOARD'S FY2022 Tri-Party contribution). b. The second invoice shall be payable by the COUNTY in the amount of $9,812 (being 100% of the COUNTY'S FY2022 Tri-Party contribution). C. The invoices shall be sent to: Road Commission for Oakland County Programming Division 31001 Lahser Road Beverly Hills, MI 48025 7. After February 1, 2023, the COMMUNITY shall submit two invoices to the BOARD: a. The first invoice shall be payable by the BOARD in the amount of $40,533 (being 100% of the BOARD'S FY2023 Tri-Party contribution). Currie Road - 3 - Chatter Township of Lyon Project No. 55981 ar2sr2o21 b. The second 'invoice shall be payable by the COUNTY in the amount of $40,533 (being 100% of the COUNTY'S FY2023 Tri-Party contribution). c. The invoices shall be sent to: Road Commission for Oakland County Programming Division 31001 Lahser Road Beverly Hills, MI 48025 8. After February 1, 2024, the COMMUNITY shall submit two invoices to the BOARD: a. the first invoice shall be payable by the BOARD in the amount of $40,533 (being 100% of the BOARD'S FY2024 Tri-Party contribution). b. The second invoice shall be payable by the COUNTY in the amount of $40,533 (being 100% of the COUNTY'S FY2024 Tri-Party contribution). c. The invoices shall be sent to: Road Commission for Oakland County Programming Division 31001 Lahser Road Beverly Hills, MI 48025 9 After February 1, 2025, the COMMUNITY shall submit two invoices to the BOARD: a. The first invoice shall be payable by the BOARD in the amount of $19,751 (being 100% of the BOARD'S FY2025 Tri-Party contribution). b. The second invoice shall be payable by the COUNTY in the amount of $19,751 (being 100% of the COUNTY'S FY2025 Tri-Party contribution), c. The invoices shall be sent to: Road Commission for Oakland County Programming Division 31001 Lahser Road Beverly Hills, MI 48025 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 Currie Road _ q . Charier Township of Lyon Project No. 55961 812612021 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. Curve Road - 5 - Charter Township of Lyon Project No. 66961 812612021 iN 1,NITNESS WHEREOF, the parties hereto have executed this Agreement the day and date firs' written above. BOARD OF ROAD COMMISSIONERS OF THE COUNTY OF OAKLAND A Public Body Corporate �/ Dennis G. Kolar By �Ik) z,hl�-4i,� Cep 9 2021 12:04 PM Its Managing Director CHARTER TOWNSHIP OF LYON Its "bo��lxS0-.s- Currie Road - 6 - Charter Township of Lyon Project No. 55961 812612021 EXHIBIT A TRI-PARTY PROGRAM Currie Road North of 8 Mile Road to 9 Mile Road Charter Township of Lyon Board Project No. 55961 Gravel road paving of Currie Road from north of 8 Mile Road to 9 Mile Road. ESTIMATED PROJECT COST Contractor Payments $3,665,476 Sprinkler Relocation $41:250 Less Federal Funds $3,000,192 Total Estimated Local Share $706,534 I COST PARTICIPATION BREAKDOWN COMMUNITY COUNTY BOARD FY2021 Tri-Party Program $252 FY2022 Tri-Party Program* $9,813 FY2023 Tri-Party Program* $40,532 FY2024 Tri-Party Program` $40,532 FY2025 Tri-Party Program* $19,752 Contribution - sprinkler $0 relocation $252 $9,812 $40,533 $40,533 $19,751 $0 $251 $9,812 $40,533 $40,533 $19,751 $41,250 Contribution - 1/2 local share $0 $0 $332,642 TOTAL SHARES $110,881 $110,881 $484,772 The GY2022, FY2023, FY202A, and FY2025 Tri-Party Programs wit be announced early in each respective year. These are estimates of those amounts. Currie Road - 7 - Charter Township of Lyon Project No. 55961 8/26/2021 i I TOTAL $755 $29,437 $121,598 I $121,598 $59,254 $41,250 $332,642 $706,534