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Home My WebLink AboutResolutions - 2022.05.12 - 35477BOARD OF COMMISSIONERS May 12, 2022 MISCELLANEOUS RESOLUTION #22-143 Sponsored By: Kristen Nelson, Charles Moss, Angela Powell Board of Commissioners - Road Improvement Fiscal Year 2022 Appropriation with the Charter Township of West 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 921378 which appropriated $2,000,060 for the FY 2022 Tri-Party Road Improvement Program allocation for projects managed by the RCOC; and WHEREAS the Charter Township of West 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. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of West Bloomfield and authorizes the transfer of Tri-Party Road Improvement Program funds in the amount of $17,460 from Non -Departmental Transfers appropriation (9090101). 1 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 West 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. du Date: May 12, 2022 David Woodward, Commissioner wRy Date: May 18, 2022 Hilarie Chambers, Deputy County Executive II 4)14� Date: May 18 2022 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 West Bloomfield for Tri- Party 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 I11, 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 2. Schedule A - Budget Amendment Project No, 55011 55011Tri-Party - West Bloomfield 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. i Lisa Brown, Oakland County Clerk/Register of Deeds y wE I Fund Name F G,, Fwd F Gane•ai Fund MiOhi9a^ rovementProgram-Pr°}o�No. 5501t Oaklantl GourM1Y. Road tmP n-PaM Township Or West BVOomfield wf _ � 20M riafion with the charter — FY 2P23 I Amelldmeot DETAIL r • Io 2o22 APMOP ule"A" Amendment Amendmerd Fiscal Year ached '(ide I Board of GOmmissioners pccourd yupget Prolac[ Pcdv Anahlss _ $ Opoa9n9 wn, Unit Pro'ecr# 5 ti?60 '' LLnit (OUl IAtfiiiate RemreKe (1T,gg01 �J _pl nvcouM# Road mmmiss�on Tri-PaM `I Parev _ `Fund#I Division# Pm Rozd Tom,E Pendnures ---- Division Namo 740135 9010101 153010 Non attment 100�� gpg0V01 +96030 'lA0535 ""P Non-DeDadmeM 17A Quality Life through Good Roads "We Care" Inter-Departmental Memorandum Programming Division DATE: March 23, 2022 To: Samuel Fitzer, P.E., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor76N Roc approved 04/O%/2022 Quarles / Fowkes SUBJECT: PROJECT NO. 55011, ORCHARD LAKE ROAD WEST OF MIDDLEBELT TO OLD TELEGRAPH ROAD LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM CHARTER TOWNSHIP OF WEST BLOOMFIELD Attached for your review and submission to the Board for their approval is the local cost participation agreement with the Charter Township of West Bloomfield for the resurfacing of Orchard Lake Road from West 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 Surface Transportation Program 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 West Bloomfield has elected to use the Tri-Party Program to fund their estimated project cost of $52,379 along with a contribution of $6,093. Our share is $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. TGN/11 Attachments Dlgltally elgned by Samuel Fln,u Dlh cn=Samuel Fhep o=CngIneedng Samuel Fitzer Dayanmen,na=D„e«n,, mall- Otn srcucm9.'US Dalc IZOS.1900:0406L400' Department Review / Approval DlglUll Gary ONcny Gsigned by Gary f'IOVowI¢ , =ery Plotmwla, o=RCOC. au eMDO, Plotrowicz em-enlmnn Icz@aaa o�, e=Us DaS,. 2022 D3 29 15 19 oa 04W MDO Review / Concur CONSTRUCTION Orchard Lake Road West of Middlebelt to Old Telegraph Road Charter Township of West Bloomfield Board Project No. 55011 This Agreement, made and entered into this 7th day of April 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 West Bloomfield, hereinafter referred to as WEST BLOOMFIELD, provides as follows: WHEREAS, the BOARD, WEST BLOOMFIELD, and the City of Sylvan Lake, hereinafter referred to as SYLVAN LAKE, and the Charter Township of Bloomfield, hereinafter referred to as 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 WEST BLOOMFIELD, SYLVAN LAKE, and 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 WEST BLOOMFIELD share of said LOCAL SHARE involves certain designated and approved Tri-Party Program funding in the amount of $52,379 which shall be paid through equal contributions by the BOARD, WEST 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 WEST BLOOMFIELD and the BOARD that: 1. WEST BLOOMFIELD, SYLVAN LAKE, and 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. WEST BLOOMFIELD has agreed to fund their share with $52,379 from the Tri-Party Program along with a contribution.of $6,093. 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 West Bloomfield Project No. 55011 3/8/2022 iii. BLOOMFIELD has agreed to contribute $77,963 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 WEST BLOOMFIELD Tri-Party Program funding of $52,379, SYLVAN LAKE Tri-Party Program funding of $58,472, and BLOOMFIELD Tri-Party Program funding of $77,963 will be funded 100% by the BOARD. 4. Upon execution of this agreement, the BOARD shall submit an invoice to WEST BLOOMFIELD in the amount of $17,460 (being 100% of BLOOMFIELD'S Tri-Party contribution). 5. Upon execution of this agreement and approval by the COUNTY, the BOARD shall submit an invoice to the COUNTY in the amount of $17,460 (being 100% of the COUNTY'S 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 1 6. 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. 7. Upon receipt of said invoice(s), WEST BLOOMFIELD and the COUNTY shall pay to the BOARD the full amount thereof, within thirty (30) days of such receipt. 8. The BOARD shall execute a separate Cost Participation Agreement with SYLVAN LAKE and BLOOMFIELD for their share of the estimated PROJECT cost. Orchard Lake Road - 3 - Charter Township of West Bloomfield Project No. 55011 3/8/2022 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 Digitally signed by Dennis Dennis Kolar"ela' Date: 2022.04.08 By 13 40 05-04'00' Its Managing Director CHARTER TOWNSHIP OF WEST BLOOMFIELD ��*f✓ By maptan Its '[awnsh+p Supe"LS(J( Orchard Lake Road -4- Charter Township of West Bloomfield Project No. 55011 3f812022 EXHIBIT A TRI-PARTY PROGRAM Orchard Lake Road West of Middlebelt Road to Old Telegraph Road Charter Township of West Bloomfield Board Project No. 55011 Resurface of Orchard Lake Road from West Middlebelt Road to Old Telegraph Road. ESTIMATED PROJECT COST Contractor Payments $2,147,754 Less Federal Funds ($1,757,937) Total Estimated Local Cost $389,817 COST PARTICIPATION BREAKDOWN BLOOMFIELD SYLVAN WEST COUNTY BOARD TOTAL LAKE BLOOMFIELD TRI - PARTY $25,988 $0 $0 $25,988 $25,987 $77,963 TRI - PARTY $0 $19,491 $0 $19,491 $19,490 $58,472 TRI - PARTY $0 $0 $17,460 $17,460 $17,459 $52,379 Contribution $0 $0 $6,093 $0 $194,910 $201,003 TOTAL $25,988 $19,491 $23,553 $62,939 $257,846 $389,817 Orchard Lake Road - 5 - Charter Township of West Bloomfield Project No, 55011 3/8/2022