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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 DE-jAtL 022 erR Amanamerd mandm goaN of Commissioners - Fis�"^t Schedule"A" Account Tide �pCtiri _ $ IProRcf� rF„ I Bud90t Pm)ect# ot Ref r000% Unn Analysis RnadTn-Partym#I LZ Account# ntfi1 1 Fund# Dmsr# Pre RoadTri-Party Totat ExPentliNres Fund Name ` DiNsion Name 153010 7-0M35 fUE Non-0ePam00rc }p}00 9010101 ,40135 1D1DD 9090t0t 195030 F �aneml Fund Nou-Uepartmer` E General Fund M DATE: To: FROM: 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