HomeMy WebLinkAboutResolutions - 2022.05.12 - 35480BOARD OF COMMISSIONERS
May 12, 2022
MISCELLANEOUS RESOLUTION #22-146
Sponsored By: Kristen Nelson
Board of Commissioners - Road Improvement Fiscal Year 2022 Appropriation with the City of Orchard
Lake Village for Tri-Party Road Improvement Program — Project No. 56751
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 City of Orchard Lake Village, 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 City of Orchard Lake Village and authorizes the transfer of Tri-Party Road
Improvement Program funds in the amount of $50,000 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 City of
Orchard Lake Village.
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.
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Date: May 12, 2022
David Woodward, Commissioner
A�i�y a Date: May 18, 2022
Hilarie Chambers, Deputy County Executive II
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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 City of Orchard Lake Village for Tri-Party Road
Improvement Program — Project No. 56751 .
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
Schedule A - Budget Amendment Project No. 56751
56751 Tri-Party - City of Orchard Lake Village 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 County Clerk/Register of Deeds
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DATE:
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SUBJECT:
Quality Life through Good Roads "We Care"
Inter —Departmental Memorandum
Programming Division
February 23, 2022
Samuel Fitzer, P.E., Director of Engineering
Thomas G. Noechel, Programming Supervisor-76N
PROJECT NO. 56751, ORCHARD LAKE ROAD
AT WEST BLOOMFIELD TRAIL
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04/07/2022
Quarles / Fowkes
LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM
CITY OF ORCHARD LAKE VILLAGE
(AMENDMENT TO AGREEMENT DATED MARCH 3, 2022)
Attached for your review and submission to the Board for their approval is the amended
local cost participation agreement with the City of Orchard Lake Village for the installation
of a HAWK signal at West Bloomfield Trail. The amendment further details the process
for invoicing future Tri-Party Program funds.
The City of Orchard Lake Village has elected to use the Tri-Party Program to fund the
estimated total project cost of $150,000. Our share is estimated to be $50,000 and is in
the FY22 budget.
The project is in the district of County, Commissioner Kristen Nelson. 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.
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TO COST PARTICIPATION AGREEMENT
CONSTRUCTION
Orchard Lake Road
At West Bloomfield Trail
City of Orchard Lake Village
Board Project No. 56751
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 City of Orchard Lake
Village, hereinafter referred to as the COMMUNITY, provides as follows:
WHEREAS, the BOARD and the COMMUNITY have programmed the installation
of a HAWK signal at West Bloomfield Trail, 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 $150,000; and
WHEREAS, said PROJECT involves certain designated and approved Tri-Party
Program funding in the amount of $150,000, which amount 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, the BOARD and the COMMUNITY have reached a mutual
understanding regarding the cost sharing of the PROJECT and wish to commit that
understanding to writing in this Agreement.
Orchard Lake Road - -
City of Orchard Lake Village
Project No. 56751
3/11/2022
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 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 PROJECT cost of $150,000 shall be invoiced simultaneously
and proportionately as follows:
a. Tri-Party Program funding in .the amount of $150,000, The $150,000
includes $97,510 through fiscal year 2022 and $52,490 from available future
Tri-Party Program funds. If these funds are not available, the COMMUNITY
shall be responsible for the $52,490 share.
b. Any PROJECT costs above the'Tri-Party Program funding of $150,000 will
be funded 100% by the BOARD.
4. Upon execution of this agreement, the BOARD shall submit an invoice to the
COMMUNITY in the amount of $32,503 (being 100% of the COMMUNITY'S
Tri-Party Program funds through fiscal year 2022).
5. After execution of this agreement and approval by the COUNTY, the BOARD
shall submit an invoice to the COUNTY in the amount of $32,503 (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 1
Orchard Lake Road - 2 -
Cily of Orchard Lake Village
Project No. 56751
3/24/2022
6. After February 1, 2023, the BOARD shall submit two invoices:
a. The first invoice shall be payable by the COMMUNITY for their one third
share of their available Tri-Party Program funds not to exceed $16,406.
b. The second invoice shall be payable by the COUNTY for their one third
share of their available Tri-Party Program funds not to exceed $16,406,
7. After February 1, 2024, the BOARD shall submit two invoices:
a. The first invoice shall be payable by the COMMUNITY for their one third
share of their available Tri-Party Program funds not to exceed the
remaining balance of $1,091.
b. The first invoice shall be payable by the COUNTY for their one third share
of their available Tri-Party Program funds not to exceed the remaining
balance of $1,091.
8. 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.
Orchard Lake Road - 3 -
My of Orchard Lake Vlilage
Project No, 56751
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
Digitally signed by Dennis
'Dennis KolarDs'.:
Dare: 2022.04.00
By 13.42151-04'00'
its Managing Director
CITY OF ORCHARD LAKE VILLAGE
By
Its M'PN 0 2
Orchard Lake Road - 4
Olty of Orchard Lake Village
Project No, 56751
3/11/2022
TRI-PARTY PROGRAM
Orchard Lake Road
At West Bloomfield Trail
City of Orchard Lake Village
Board Project No. 56751
Installation of a HAWK signal on Orchard Lake Road at West Bloomfield Trail.
ESTIMATED PROJECT COST
Contractor Payments
Total Estimated Project Cost
$150,000
$150,000
COST PARTICIPATION BREAKDOWN
COMMUNITY COUNTY BOARD
ITRI - PARTY $50,000 $50,000 $50,000
1 TOTAL $50,000 $50,000 $50,000
Orchard Lake Road - 5 -
City of Orchard Lake Village
Project No. 56751
3/11/2022
TOTAL 1
$150,000 1
$150,000 1