HomeMy WebLinkAboutResolutions - 2023.07.20 - 40333
AGENDA ITEM: Fiscal Year 2023 Appropriation with the City of Keego Harbor for Tri-Party Road
Improvement Program – Project No. 56021
DEPARTMENT: Board of Commissioners
MEETING: Board of Commissioners
DATE: Thursday, July 20, 2023 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-3061 _ 23-111
Motion to adopt the attached suggested resolution.
ITEM CATEGORY SPONSORED BY
Road Improvement Kristen Nelson, Marcia Gershenson
INTRODUCTION AND BACKGROUND
BUDGET AMENDMENT REQUIRED: Yes
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional
information.
CONTACT
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 7/20/2023
David Woodward, Board of Commissioners Approved - 7/20/2023
Hilarie Chambers, Executive's Office Approved - 7/28/2023
Lisa Brown, Clerk/Register of Deeds Final Approval - 7/31/2023
AGENDA DEADLINE: 08/02/2023 8:35 PM
ATTACHMENTS
1. 56021 Schedule A-Budget Amendment_Keego Harbor
2. 56021 Tri-Party_Keego Harbor
COMMITTEE TRACKING
2023-07-12 Economic Development & Infrastructure - Recommend to Board
2023-07-20 Full Board - Adopt
Motioned by: Commissioner Robert Hoffman
Seconded by: Commissioner Angela Powell
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen
Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia
Gershenson, Janet Jackson, Charles Cavell, Brendan Johnson, Ajay Raman (16)
No: None (0)
Abstain: None (0)
Absent: Gary McGillivray, William Miller III, Yolanda Smith Charles (3)
Passed
July 20, 2023
RESOLUTION #2023-3061 _ 23-111
Sponsored By: Kristen Nelson, Marcia Gershenson
Board of Commissioners - Fiscal Year 2023 Appropriation with the City of Keego
Harbor for Tri-Party Road Improvement Program – Project No. 56021
Chair 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, 2022, the Oakland County Board of Commissioners approved
Miscellaneous Resolution #22332 which appropriated $2,000,000 for the FY 2023 Tri-Party Road
Improvement Program allocation for projects managed by the RCOC; and
WHEREAS the City of Keego Harbor, 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 2024 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 Keego Harbor and authorizes the transfer of Tri-Party
Road Improvement Program funds in the amount of $36,080 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 Keego Harbor.
BE IT FURTHER RESOLVED that the FY 2023 budget shall be amended as described in the
attached Schedule A – Budget Amendment.
Chair, the following Commissioners are sponsoring the foregoing Resolution: Kristen Nelson,
Marcia Gershenson.
Date: July 20, 2023
David Woodward, Commissioner
Date: July 28, 2023
Hilarie Chambers, Deputy County Executive II
Date: July 31, 2023
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2023-07-12 Economic Development & Infrastructure - Recommend to Board
2023-07-20 Full Board - Adopt
Motioned by Commissioner Robert Hoffman seconded by Commissioner Angela Powell to adopt the
attached Road Improvement : Fiscal Year 2023 Appropriation with the City of Keego Harbor for Tri-
Party Road Improvement Program – Project No. 56021 .
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson,
Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia
Gershenson, Janet Jackson, Charles Cavell, Brendan Johnson, Ajay Raman (16)
No: None (0)
Abstain: None (0)
Absent: Gary McGillivray, William Miller III, Yolanda Smith Charles (3)
Passed
ATTACHMENTS
1. 56021 Schedule A-Budget Amendment_Keego Harbor
2. 56021 Tri-Party_Keego Harbor
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 July
20, 2023, 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, July 20, 2023.
Lisa Brown, Oakland County Clerk / Register of Deeds
Oakland County, Michigan
Board of Commissioners - Fiscal Year 2023 Appropriation with the City of Keego Harbor for Tri-Party Road Improvement Program – Project No. 56021
Schedule "A" DETAIL
R/E Fund Name Division Name
Fund #
(FND)
Cost Center
(CCN) #
Account #
(RC/SC)
Program #
(PRG)
Grant ID
(GRN) #
Project ID #
(PROJ)
Region
(REG)
Budget
Fund
Affiliate
(BFA)
Ledger
Account
Summary Account Title
FY 2023
Amendment
FY 2024
Amendment
FY 2025
Amendment
E General Fund Non-Department FND10100 CCN9010101 PRG153010 SC740135 740000 Road Commission Tri-Party $36,080.00 $-$-
E General Fund Non-Department FND10100 CCN9090101 PRG196030 SC740135 740000 Road Commission Tri-Party (36,080.00)--
Total Expenditures $-$-$-
Quality Life through Good Roads “We Care”
Inter–Departmental Memorandum
Programming Division
DATE:May 22, 2023
TO:Samuel Fitzer, P.E., Director of Engineering
FROM:Thomas G. Noechel, Manager, Project Development
SUBJECT:PROJECT NO. 56021, ORCHARD LAKE ROAD
900 FEET WEST OF MIDDLEBELT ROAD TO COMMERCE ROAD
LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM
CITY OF KEEGO HARBOR
Attached for your review and submission to the Board for their approval is the local cost
participation agreement with the City of Keego Harbor for the resurfacing of Orchard Lake
Road from 900 feet west of Middlebelt Road to Commerce Road. Construction on this
project is expected to begin this summer.
The estimated total cost is $3,100,000 and will be partially funded with State Aid – Federal
Buyout in the amount of $1,556,978. The remaining local match of $1,543,022 will be
shared between the Board, the Charter Township of West Bloomfield, the City of Keego
Harbor, the City of Orchard Lake Village, and the City of Sylvan Lake under separate local
agreements. The City of Keego Harbor has elected to use the Tri-Party Program funds in
the amount of $108,241 to fund their share. Our total estimated share is $1,371,736 and
is in the FY23 budget.
The project is in the districts of County Commissioners Marcia Gershenson and Kirsten
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.
TGN/ll
Attachments
Department Review / Approval
MDO Review / Concur
Samuel Fitzer
Digitally signed by Samuel Fitzer
DN: CN=Samuel Fitzer,
E=sfitzer@rcoc.org, O=State of
Michigan, C=US
Date: 2023.05.23
13:06:42-04'00'
&
Gary
Piotrowicz
Digitally signed by
Gary Piotrowicz
Date: 2023.05.25
10:57:44 -04'00'
COST PARTICIPATION AGREEMENT
CONSTRUCTION
Orchard Lake Road
900 Feet West of Middlebelt Road to Commerce Road
City of Keego Harbor
Board Project No. 56021
This Agreement, made and entered into this _____ day of _________________, 2023,
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 Keego Harbor, hereinafter referred to as
KEEGO HARBOR, provides as follows:
WHEREAS, the BOARD, KEEGO HARBOR, and the City of Orchard Lake Village,
hereinafter referred to as ORCHARD LAKE, the City of Sylvan Lake, hereinafter referred to as
SYLVAN LAKE, and the Charter Township of West Bloomfield, hereinafter referred to as WEST
BLOOMFIELD, have programmed the resurfacing of Orchard Lake Road from 900 feet west of
Middlebelt Road to Commerce 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,
KEEGO HARBOR, ORCHARD LAKE, SYLVAN LAKE and WEST BLOOMFIELD, which
improvements are hereinafter referred to as the PROJECT; and
WHEREAS, the estimated total cost of the PROJECT is $3,100,000; and
WHEREAS, KEEGO HARBOR’S share of said LOCAL SHARE involves certain
designated and approved Tri-Party Program funding in the amount of $108,241, which shall be
paid through equal contributions by the BOARD, KEEGO HARBOR, 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 KEEGO HARBOR and the BOARD
that:
1st June
Orchard Lake Road -2 -
City of Keego Harbor
Project No. 56021
3/2/2023
1. KEEGO HARBOR, ORCHARD LAKE, SYLVAN LAKE, and WEST BLOOMFIELD
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 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 $3,100,000 and shall be allocated in the following
order:
a. State Aid – Federal Aid Buyout of $1,556,978 towards the PROJECT.
b. Tri-Party Program funding and WEST BLOOMFIELD contribution shall be
allocated simultaneously and proportionately as follows:
1. ORCHARD LAKE has agreed to contribute $48,190 and will fund their share
from the Tri-Party Program.
ORCHARD LAKE’S Tri-Party Program funds of $48,190 are from fiscal year
2024 which has not yet been announced. If these funds are not available,
ORCHARD LAKE will be responsible for the $48,190 share.
2. KEEGO HARBOR has agreed to contribute $108,241 and will fund their share
from the Tri-Party Program.
KEEGO HARBOR’S Tri-Party Program funds of $108,241 includes $81,781
from fiscal year 2023. Tri-Party Program funds of $26,460 through fiscal year
2024 which has not yet been announced. If these funds are not available,
KEEGO HARBOR will be responsible for the $108,241 share.
3. SYLVAN LAKE has agreed to contribute $90,000 and will fund their share from
the Tri-Party Program through fiscal year 2023. If these funds are not
available, SYLVAN LAKE will be responsible for the $90,000 share.
4. WEST BLOOMFIELD shall contribute $7,000 towards the PROJECT.
Orchard Lake Road -3 -
City of Keego Harbor
Project No. 56021
3/2/2023
c. The BOARD shall contribute $1,289,591 towards the PROJECT.
d. Any PROJECT costs above $3,100,000 will be funded 100% by the BOARD.
4. Upon execution of this agreement, the BOARD shall submit an invoice to the following:
a. The first invoice shall be payable by KEEGO HARBOR in the amount of $27,260
(being 100% of KEEGO HARBOR’S 2023 Tri-Party Program contribution).
b. The second invoice shall be payable by the COUNTY in the amount of $27,260
(being 100% of the COUNTY’S 2023 Tri-Party Program contribution).
5. After February 1, 2024, the BOARD shall submit an invoice to the following:
a. The first invoice shall be payable by KEEGO HARBOR in the amount of $8,820
(being 100% of KEEGO HARBOR’S 2024 Tri-Party Program contribution).
b. The second invoice shall be payable by the COUNTY in the amount of $8,820
(being 100% of the COUNTY’S 2024 Tri-Party Program contribution).
1. The invoice shall be sent to:
Sheryl Johnson, Manager of Fiscal Services
Executive Office Building
2100 Pontiac Lake Road, Building 41 West
Waterford, MI 48328
6. The total actual LOCAL SHARE will be determined from the records of the BOARD
upon completion of State financial audits of the PROJECT and a final determination of
the total federal funds used on the PROJECT. Final adjustments in the financial
obligations of the parties hereto will be made upon completion of the required audits.
7. Upon receipt of said invoice(s), KEEGO HARBOR and the COUNTY shall pay to the
BOARD the full amount thereof, within thirty (30) days of such receipt.
8. The BOARD shall execute a separate Cost Participation Agreement with ORCHARD
LAKE, SYLVAN LAKE, and WEST BLOOMFIELD for their share of the estimated
PROJECT cost.
b($ ##b) ! bTB?bN6OYE?RbB?O?TMb C6]?b?`?:[U?<bVDFRbAP??K?LYbWD?b=6ab6L<b
>6T?b @GOSXb_QHTZ?Lb68M^?b
)!).$ .% .
"+-.% . &.)'*.
)(# ,.(. .
.
"b b! b ## !#b
b% b
' &*b b b
b \9JI;b M<abMONMO7Y?b
ab,---./01233433333b5b
%+b b
b! !b
TRb
Managing Director
Orchard Lake Road - 5 -
City of Keego Harbor
Project No. 56021
3/2/2023
Contractor Payments: 3,100,000$
State Aid - Federal Aid Buyout: (1,556,978)$
Total Local Share:1,543,022$
TRI-PARTY
PROGRAM CONTRIBUTIONS TOTAL
$0 $7,000 $7,000
$16,063 $0 $16,063
$16,063 $0 $16,063
$16,064 $0 $16,064
$36,080 $0 $36,080
$36,080 $0 $36,080
$36,081 $0 $36,081
$30,000 $0 $30,000
$30,000 $0 $30,000
$30,000 $0 $30,000
$0 $1,289,591 $1,289,591
$246,431 $1,296,591 $1,543,022
Orchard Lake Road
900 Feet West of Middlebelt Road to Commerce Road
City of Keego Harbor
Board Project No. 56021
Resurfacing of Orchard Lake Road from 900 feet west of Middlebelt Road to Commerce Road.
COUNTY
BOARD
COUNTY
BOARD
BOARD
ORCHARD LAKE
SYLVAN LAKE
COUNTY
EXHIBIT A
COST PARTICIPATION BREAKDOWN
ESTIMATED PROJECT COST
KEEGO HARBOR
T R I - P A R T Y P R O G R A M
TOTAL
BOARD
WEST BLOOMFIELD