HomeMy WebLinkAboutResolutions - 2022.05.12 - 35475s.•
BOARD OF COMMISSIONERS
May 12, 2022
MISCELLANEOUS RESOLUTION #22-141
Sponsored By: Kristen Nelson, Charles Moss, Angela Powell
Board of Commissioners - Road Improvement Fiscal Year 2022 Appropriation with the Charter
Township of Bloomfield for Tri-Party Road Improvement Program — Project No. 55011
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 $2,000,000 for the FY 2022 Tri-Party Road Improvement Program
allocation 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 project meets the terms and conditions of the Tri-Party Road Improvement Program and the
local cost participation agreement; and
WHEREAS in the event the FY 2023 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 Bloomfield and authorizes the transfer of Tri-Party Road
Improvement Program funds in the amount of $25,988 from Non -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 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 that the FY 2022 budget shall be amended as described in the attached
Schedule A — Budget Amendment.
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Kristen Nelson, Charles
Moss, Angela Powell.
Qrd Date: May 12, 2022
David Woodward, Commissioner
Ati�
Date: May 18, 2022
Hilarie Chambers, Deputy County Executive II
X44�� Date: 1 May 8, 2022 0 2
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2022-05-04 Economic Development & Infrastructure - recommend to Board
2022-05-12 Full Board
VOTE TRACKING
Motioned by Commissioner Kristen Nelson seconded by Commissioner Michael Gingell to adopt the attached
Road Improvement: Fiscal Year 2022 Appropriation with the Charter Township of Bloomfield for Tri-Parry
Road Improvement Program — Project No. 55011 .
Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall,
Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles Moss, Marcia
Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Gary
McGillivray, Robert Hoffman, Adam Kochenderfer (21)
No: None (0)
Abstain: None (0)
Absent: (0)
Passed
ATTACHMENTS
1. Schedule A - Budget Amendment - Project No. 55011
2. 55011 Tri-Party—Bloomfield Twp Agreement
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 May 12, 2022, 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 Thursday, May 12, 2022.
Lisa Brown, Oakland Comity Clerk/Register of Deeds
Oaklamt County. Michigan
Road tmPr",,,ant Progm'n- Project No. 55091
To ymship N,,a l ¢lator Tri-Party
Fy 2023 FY 2024
Year 2022 ApPmP dadenwiM
the Charter
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DATE:
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SUBJECT:
Qualify Life through Good Roads "We Care"
■
Inter —Departmental Memorandum
Programming Division
March 3. 2022
Samuel Fitzer, P.E., Director of Engineering
Thomas G. Noechel, Programming Supervisor76N
Roc
�pprov
03/17/2022
Quarles / Fowkes
PROJECT NO. 55011, ORCHARD LAKE ROAD
WEST OF MIDDLEBELT ROAD TO OLD TELEGRAPH ROAD
LOCAL COST PARTICIPATION AGREEMENT/TRI-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
Orchard Lake Road from West of Middlebelt Road to Old Telegraph Road. Construction
on this project is expected to begin this summer.
The estimated total cost is $2,307,375 and'will be partially funded with Federal Surface
Transportation funds in the amount of $1,876,820. The remaining local match of
$430,555 will be shared between the Board and various local communities under
separate local agreements. The Charter Township of Bloomfield has elected to use the
Tri-Party Program to fund their estimated project cost of $77,963. Our share is estimated
to be $259,877 and is in the FY22 budget.
The project is in the districts of County Commissioners Kristen Nelson, Chuck Moss, and
Angela Powell. 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.
I11"k It
Attachments Samuel DILltally e'^^ed by Sane[""
DN I.-1 nvel NYe,, o=fng I,enmg
Den•mmem,o�=mreaor,
Fitzer )mI,:Ieoe.1,1,N,
Dme, zoznososossaasas'ory
Department Review / Approval
Dlgltally stoned by Gary
Gary Plntrewlcz
Plotrowicz Dada, 2022.03.0914,20A9
-05'o0'
MDO Review / Concur
COST PARTICIPATION AGREEMENT
CONSTRUCTION
Orchard Lake Road
West of Middlebelt to Old Telegraph Road
Charter Township of Bloomfield
Board, Project No. 55011
This Agreement, made and entered into this 17th day of March , 2022, 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 BLOOMFIELD, provides as follows:
WHEREAS, the BOARD, BLOOMFIELD, and the City of Sylvan Lake, hereinafter referred
to as SYLVAN LAKE, and the Charter Township of West Bloomfield, hereinafter referred to as
WEST BLOOMFIELD in cooperation with the Michigan Department of Transportation, hereinafter
referred to as MDOT, have programmed the resurface work on Orchard Lake Road from West of
Middlebelt Road to Old Telegraph 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
BLOOMFIELD, SYLVAN LAKE, and WEST BLOOMFIELD, which improvements are hereinafter
referred to as the PROJECT; and
WHEREAS the estimated total cost of the PROJECT is $2,147,754; and
WHEREAS, the BOARD has entered into an agreement with MDOT in Contract No. 21-
5524 for the resurface work on Orchard Lake Road from West of Middlebelt Road to Old
Telegraph Road under the Surface Transportation Program up to, and shall not exceed, the
amount of $1,757,937; 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, BLOOMFIELD share of said LOCAL SHARE involves certain designated and
approved Tri-Party Program funding in the amount of $77,963, which shall be paid through equal
contributions by the BOARD, BLOOMFIELD, 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 BLOOMFIELD and the BOARD that:
1. BLOOMFIELD, SYLVAN LAKE, and WEST BLOOMFIELD approve of the PROJECT,
declare 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 $389,817 and shall be allocated in the following
order:
a. Tri-Party Program funding shall be applied first at 100% towards the PROJECT and
will be allocated simultaneously and proportionately:
i. BLOOMFIELD has agreed to contribute $77,963 from the available Tri-Party
Program funds. The $77,963 includes $3,539 through fiscal year 2022 and $74,424
from available future Tri-Party Program funds.
ii. SYLVAN LAKE has agreed to contribute $58,472 and will fund their share from the
Tri-Party Program.
Orchard Lake Road - 2 -
Charter Township of Bloomfield
Project No. 55011
3/11/2022
iii. WEST BLOOMFIELD has agreed to contribute $58,472 and will fund their share
from the Tri-Party Program
b. The BOARD shall contribute $194,910 towards the project.
c. Any LOCAL SHARE above BLOOMFIELD Tri-Party Program funding of $77,963,
SYLVAN LAKE Tri-Party Program funding of $58,472, and WEST BLOOMFIELD
Tri-Party Program funding of $58,472 will be funded 100% by the BOARD.
4. Upon execution of this agreement, the BOARD shall submit an invoice to BLOOMFIELD
in the amount of $1,180 (being 100%e of BLOOMFIELD'S Tri-Party Program funds
through fiscal year 2022),
5. Upon execution of this agreement and approval by the COUNTY, the BOARD shall
submit an invoice to the COUNTY in the amount of $1,180 (being 100%of the COUNTY'S
Tri-Party Program funds through fiscal year 2022).
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, 2023, the BOARD shall submit an invoice to the COMMUNITY for their
one third share of their available Tri-Party Program funds not to exceed the remaining
balance of $24,808.
7. After February 1, 2023, the BOARD shall submit an invoice to the COUNTY for their one
third share of the available Tri-Party Program funds not to exceed the remaining balance
of $24,808.
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.
Orchard Lake Road - 3 -
Charter Township of Bloomfield
Project No. 55011
3/11/2022
9. Upon receipt of said invoice(s), BLOOMFIELD and the COUNTY shall pay to the
BOARD the full amount thereof, within thirty (30) days of such receipt.
10. The BOARD shall execute a separate Cost Participation Agreement with SYLVAN
LAKE and WEST BLOOMFIELD for their share of the estimated PROJECT cost.
Orchard Lake Road - 4 -
Charter Township of Bloomfield
Project No. 55011
3/11/2022
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
''1 p, , Dennis G, Kolar
By [ G�ti= ,U/S Mar 17 2022 2:18 PM
Its Managing Director
CHARTER TOWNSHIP OF BLOOMFIELD
By-�ILiLLV�L/t�C,1er�"I
Its rGv✓rS�ti�/ ✓�^der
Orchard Lake Road - 4 -
Charter Township of Bloomfield
Project No. 55011
2/16/2022
EXHIBIT A
TRI-PARTY PROGRAM
Orchard Lake Road
West of Middlebelt Road to Old Telegraph Road
Charter Township of Bloomfield
Board Project No. 55011
Resurface of Orchard Lake Road from West Middlebelt Road to Old Telegraph Road.
ESTIMATED PROJECT COST
Contractor Payments
Less Federal Funds
Total Estimated Local Cost
COST PARTICIPATION BREAKDOWN
BLOOMFIELD
SYLVAN
WEST
COUNTY
LAKE
BLOOMFIELD
TRI - PARTY
$25,988
$0
$0
$25,988
TRI - PARTY
$0
$19,491
$0
$19,491
TRI - PARTY
$0
$0
$19,491
$19,491
Contribution
$0
$0
$0
$0
TOTAL
$25,988
$19,491
$19,491
$64,970
Orchard Lake Road - 6 -
Charter Township of Bloomfield
Project No. 55011
3/11/2022
$2,147,754
($1,757,937)
$389,817
$25,987 $77,963
$19,490 $58,472
$19,490 $58,472
$194,910 $194,910
$259,877 $389,817