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HomeMy WebLinkAboutResolutions - 2021.10.28 - 34953rOAKLANMF� COUNTY MICHIGAN BOARD OF COMMISSIONERS October 28, 2021 MISCELLANEOUS RESOLUTION #21-415 Sponsored By: Karen Joliat IN RE: Fiscal Year 2022 Appropriation with the Charter Township of Independence for the Tri-Party Road Improvement Program — Project No. 56051 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 September 29, 2021, the Oakland County Board of Commissioners approved Miscellaneous Resolution #21378 which appropriated S2.000.000 for the FY 2022 Tri-Party Road Improvement Program allocation for projects managed by the RCOC: and WHEREAS the Charter Township of Independence, along with the RCOC, has identified a project and said project is ready to be undertaken immediately; and WHEREAS the project meets the terms and conditions of Tri-Party Road Improvement Program and the local cost participation agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Independence and authorizes the transfer of Tri-Party Road Improvement Program funds in the amount of S16,667 from Von -Departmental Transfers appropriation (9090101). 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 151% 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 Independence. BE IT FURTHER RESOLVED the FY 2022 budget will be amended as follows: GENERAL FUND (410100) FY 2022 Expenditures 9010101-153010-740135 Road Cormnission Tri-Party $16.667 9090101-196030-740135 Road Commission Tri-Party $1( 067� Total Expenditures 0 Chairperson. the following Commissioners are sponsoring the foregoing Resolution: Karen Joliat. Date: October 29, 2021 David Woodward, Commissioner Date: November 02, 2021 Hilarie Chambers. Deputy County Executive II Date: November 02, 2021 Lisa Brown, County Clerk t Register of Deeds COMMITTEE TRACKING 2021-10-20 Economic Development & Infrastntcture - recommend to Board 2021-10-28 Full Board VOTE TRACKING Motioned by Conuuissioner Michael Gingell seconded by Commissioner Given Markham to adopt the attached Resolution: Fiscal Year 2022 Appropriation with the Charter Township of Independence for the Tri-Party Road Improvement Program — Project No. 56051. Yes: David Woodward, Michael Gingell. Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Philip Weipert. Gwen Marklnann, Angela Powell, Thomas Kuhn, Charles Moss. Marcia Gershenson, William Miller III, Charles Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Huffman, Adam Kochenderfer (19) No: None (0) Abstain: None (0) Absent: (0) The Motion Passed. ATTACHMENTS Tri-Party 56051_Independence 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 28.2021, 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, Micligan on Thursday. October 2S. 2021. Lisa Brown, Oakland ConntY Clerk / Register of Deeds Quality Life through Good Roads "We Care" l dA DATE To: FROM Inter —Departmental Memorandum Programming Division September 10, 2021 Samuel Fitzer, P.E., Director of Engineering Thomas G. Noechel, Programming SupervisorT7N R_oC Appro veil 09/23/2021 Quarles / Fowkes SUBJECT: PROJECT NO. 56051, MANN ROAD FLORETTA ROAD TO CLINTONVILLE ROAD LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM CHARTER TOWNSHIP OF INDEPENDENCE Attached for your review and submission to the Board for their approval is the local cost participation agreement with the Charter Township of Independence for the overlay work on Mann Road from Floretta Road to Clintonville Road. Mann Road is a border road between Waterford Twp. and Independence Twp. Construction on this project is expected to begin next summer. The estimated total cost is $200,000 and will be shared between the Charter Township of Independence, the Charter Township of Waterford, and the Board. The Charter Township of Independence has elected to use the Tri-Party Program along with a contribution from the township residents to fund their share of $100,000. Our total estimated share is $83,332 and is in the FY21 budget. The project is in the district of County Commissioner Karen Joliat. 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 ,u, Samuel Fitzer�r,nmetlo�b,,ao. m,or Department Review/Approimm.'awval a oim,auv �ie�aa er eary worcoa ory L�Piaortyrowicz oa,' oza ssss`a1'oa 6s MDO Review / Concur COST PARTICIPATION AGREEMENT CONSTRUCTION Mann Road Floretta Road to Clintonville Road Charter Township of Independence Board Project No. 56051 This Agreement, made and entered into this 23rd 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 Independence, hereinafter referred to as INDEPENDENCE, provides as follows: WHEREAS, the BOARD, INDEPENDENCE, and the Charter Township of Waterford, hereinafter referred to as WATERFORD, have programmed the crush and shape with 4" overlay on Mann Road from Floretta Road to Clintonville 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 INDEPENDENCE and WATERFORD, which improvements are hereinafter referred to as the PROJECT; and WHEREAS, the estimated total cost of the PROJECT is $200,000; and WHEREAS, INDEPENDENCE'S share of said LOCAL SHARE involves certain designated and approved Tri-Party Program funding in the amount of $50,000, which shall be paid through equal contributions by the BOARD, INDEPENDENCE, 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 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 INDEPENDENCE and the BOARD that: 1. INDEPENDENCE and WATERFORD approve of the PROJECT, declare its public necessity, and authorizes the BOARD to perform or cause to be performed, and complete the PROJECT along with all administration in reference thereto. 2. The PROJECT shall include preliminary engineering, 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 PROJECT cost is $200,000 and shall be invoiced simultaneously and proportionately as follows: a. The BOARD shall contribute the preliminary engineering, estimated in the amount of $2,500, and the construction engineering, estimated in the amount of $7,500. The BOARD shall also contribute an additional $50,000 toward the PROJECT. b. INDEPENDENCE shall contribute $50,000 toward the PROJECT and will fund this share from the Tri-Party Program. This $50,000 is from the FY2022 Tri-Party Program which has not yet been announced. If these funds are not available, INDEPENDENCE will be responsible for the $50,000 share. The local Mann Road residents shall voluntarily contribute a matching $50,000 toward the PROJECT. INDEPENDENCE will collect and disburse funds to the BOARD upon receipt. Failure of the local Mann Road residents to generate $50,000 in matching funds will VOID this agreement. (Local Match defined as Mann Road residents.) C. WATERFORD shall contribute $50,000 toward the PROJECT and will fund their share from the Tri-Party Program, d. Any PROJECT costs above $200,000 will be funded 100% by the BOARD. Mann Road - 2 - Charter Township of Independence Pioiecl No. 56051 8/27/2021 4. After February 1, 2022, the BOARD shall submit an invoice to INDEPENDENCE in the amount of $66,667. Township contribution broken down as follows: • Tri-Party: Township - $16,667, County - $16,667 and Board - $16,666 • Local resident match - $50,000 5. After February 1, 2022, the BOARD shall submit an invoice to the COUNTY in the amount of $16,667 (being 100% of the COUNTY'S FY2020 and 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, MI 48328 6. Upon receipt of said invoice(s), INDEPENDENCE shall pay to the BOARD their Tri-Party Party contribution of $16,667 within thirty (30) days of such receipt. The Local Match of $50,000 from the Mann Road residents shall be payable to the BOARD no later than September 30, 2022. The COUNTY shall pay to the BOARD the full amount thereof, within thirty (30) days of such receipt. 7. The BOARD shall execute a separate Cost Participation Agreement with WATERFORD, for their share of the estimated PROJECT cost. Mann Road Charter Township of Independence 3 Project No. 56051 8/27/2021 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 Dennis G. Kolar BV Sep 23 2021 12:28 PM Its Managing Director CHAP,TER'IOWN�HIP OF INDEPENDENCE WWI o, Its Supervisor Mann Road - 4 - Charter Township of Independence Project No. 56051 8/27/2021 TRI-PARTY PROGRAM Mann Road Floretta Road to Clintonville Road Charter Township of Independence Board Project No. 56051 Crush and shape with 4" overlay on Mann Road from Floretta Road to Clintonville Road. ESTIMATED PROJECT COST Preliminary Engineering $2,500 Construction Engineering $7,500 Contractor Payments $190,000 Total Estimated Local Share $200,000 COST PARTICIPATION BREAKDOWN LOCAL MATCH INDEPENDENCE WATERFORD Independence COUNTY BOARD TOTAL Twp Residents FY16 Tri-Party Program $0 $300 $0 $301 $300 $901 IFY17 Tri-Party Program $0 $16,367 $0 $16,366 $16,366 $49,099, IFY20 Tri-Party Program $203 $0 $0 $203 $202 $608 IFY22 Tri-Party Program* $16,464 $0 $0 $16,464 $16,464 $49,392 (Contribution $0 $0 $50,000 $0 $50,000 $100,000 (TOTAL SHARES $16,667 $16,667 $50,000 $33,334 $83,332 $200,000 " The FY2022 Tri-Pany allocations will be announced early in 2022. This is an estimate of those amounts. Mann Road - 5 - Charter Township of Independence Project No, 56051 8/27/2021