HomeMy WebLinkAboutResolutions - 2023.07.20 - 40334
AGENDA ITEM: Fiscal Year 2023 Appropriation with the Charter Township of Orion for Tri-Party
Road Improvement Program – Project No. 55241
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 #2023-3063 _ 23-112
Motion to adopt the attached suggested resolution.
ITEM CATEGORY SPONSORED BY
Road Improvement Karen Joliat, Michael Gingell
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. 55241 Schedule A-Budget Amendment_Orion Twp
2. 55241 Tri-Party_Orion Twp
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 #2023-3063 _ 23-112
Sponsored By: Karen Joliat, Michael Gingell
Board of Commissioners - Fiscal Year 2023 Appropriation with the Charter Township of
Orion for Tri-Party Road Improvement Program – Project No. 55241
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 Charter Township of Orion, 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 2024/2025 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 Orion and authorizes the transfer of Tri-
Party Road Improvement Program funds in the amount of $250,088 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 Orion.
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: Karen Joliat, Michael
Gingell.
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 Charter Township of
Orion for Tri-Party Road Improvement Program – Project No. 55241 .
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. 55241 Schedule A-Budget Amendment_Orion Twp
2. 55241 Tri-Party_Orion Twp
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 Charter Township of Orion for Tri-Party Road Improvement Program – Project No. 55241
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 $250,088.00 $-$-
E General Fund Non-Department FND10100 CCN9090101 PRG196030 SC740135 740000 Road Commission Tri-Party (250,088.00)--
Total Expenditures $-$-$-
Quality Life through Good Roads “We Care”
Inter–Departmental Memorandum
Programming Division
DATE:May 12, 2023
TO:Samuel Fitzer, P.E., Director of Engineering
FROM:Thomas G. Noechel, Manager, Project Development
SUBJECT:PROJECT NO. 55241, WALDON ROAD
CLINTONVILLE ROAD TO BALDWIN ROAD
LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM
CHARTER TOWNSHIP OF ORION
Attached for your review and submission to the Board for their approval is the local cost
participation agreement with the Charter Township of Orion for the road reconstruction,
gravel road paving, roundabout construction, drainage improvements, culvert
replacement, water main, and non-motorized pathway along Waldon Road from
Clintonville Road to Baldwin Road. Construction on this project is expected to begin this
summer.
The estimated total cost is $16,949,944 and will be partially funded with Federal
Surface Transportation Program funds in the amount of $12,711,048. The remaining
local match of $4,238,896 will be shared between the Board, the Charter Township of
Independence, and the Charter Township of Orion under separate local
agreements. The Charter Township of Orion has elected to use 7ri-Party
Program funds in the amount of $750,265 along with a contribution of $359,791
to fund their share. Our estimated share is $2,640,281 and is in the FY23 budget.
The project is in the districts of County Commissioners Karen Joliat and Michael J.
Gingell. 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 13:08:29-04'00'
%
Gary
Piotrowicz
Digitally signed by Gary
Piotrowicz
Date: 2023.05.25
10:55:05 -04'00'
Waldon Road - 1 -
Charter Township of Orion
Project No. 55241
5/12/2023
COST PARTICIPATION AGREEMENT
CONSTRUCTION
Waldon Road
Clintonville Road to Baldwin Road
Charter Township of Orion
Board Project No. 55241
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 Charter Township of Orion, hereinafter referred
to as ORION, provides as follows:
WHEREAS, the BOARD, ORION, and the Charter Township of Independence,
hereinafter referred to as INDEPENDENCE, in cooperation with the Michigan Department of
Transportation, hereinafter referred to as MDOT, have programmed the road reconstruction,
gravel road paving, roundabout construction, drainage improvements, culvert replacement,
water main, and non-motorized pathway along Waldon Road from Clintonville Road to Baldwin
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 ORION and INDEPENDENCE,
which improvements are hereinafter referred to as the PROJECT; and
WHEREAS, the estimated total cost of the PROJECT is $16,949,944; and
WHEREAS, the BOARD has entered into an agreement with MDOT in Contract No. 23-
5067 for road reconstruction, gravel road paving, roundabout construction, drainage
improvements, and culvert replacement under the Surface Transportation Program funds in the
estimated amount of $12,711,048; 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, ORION share of said LOCAL SHARE involves certain designated and
approved Tri-Party Program funding in the amount of $750,265, which shall be paid through
1st June
Waldon Road - 2 -
Charter Township of Orion
Project No. 55241
5/12/2023
equal contributions by the BOARD, ORION, 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 ORION and the BOARD that:
1. ORION and INDEPENDENCE 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 total payments to the contractor, right-of-way, construction
engineering, and force utility, lighting, and wetland mitigation costs. Any costs incurred
by the BOARD prior to this agreement date shall be allowable.
3. The estimated total LOCAL SHARE is $4,238,896 and shall be allocated simultaneously
and proportionately as follows:
a. ORION Tri-Party Program funding in the amount of $750,265. The $750,265 Tri-
Party Program funds consists of $120,229 towards the right-of-way costs and
$630,036 towards the road construction costs.
The Tri-Party Program funds of $750,265 include $480,318 through fiscal year
2023. An estimated amount of $213,241 in fiscal year 2024 and an estimated
amount of $56,706 in fiscal year 2025 which have not yet been announced. If these
funds are not available, ORION shall be responsible for the $269,947 share.
b. ORION shall contribute $359,791 towards the non-motorized pathway construction
costs. Any non-motorized pathway construction costs above $359,791 shall be
funded 100% by ORION.
c. INDEPENDENCE Tri-Party Program funding in the amount of $935,078.
Waldon Road - 3 -
Charter Township of Orion
Project No. 55241
5/12/2023
d. INDEPENDENCE shall contribute $115,262 towards the PROJECT.
e. The BOARD shall contribute $2,078,500 towards the PROJECT. This amount
includes $6,251 towards the sprinkler construction costs, $347,546 towards the
right-of-way costs, and $1,724,703 towards the road construction costs,
construction engineering costs and force utility, lighting, and wetland mitigation
costs.
f. Any project costs above the LOCAL SHARE will be funded 100% by the BOARD
except for above overages for non-motorized pathway construction costs.
4. Upon execution of this agreement, the BOARD shall submit an invoice to ORION in the
amount of $160,106 (being 100% of ORION’S Tri-Party contribution through fiscal year
2023).
5. Upon execution of this agreement and approval by the COUNTY, the BOARD shall
submit an invoice to the COUNTY in the amount of $160,106 (being 100% of the
COUNTY’S Tri-Party contribution through fiscal year 2023). The invoice shall be sent to
Oakland County, Manager of Fiscal Services.
6. After February 1, 2024, the BOARD shall submit an invoice to ORION in the amount of
$430,871 (being 100% ($71,080) of ORION’S Tri-Party contribution through fiscal year
2024 and 100% ($359,791) contribution for non-motorized pathway construction costs).
7. After February 1, 2024, the BOARD shall submit an invoice to the COUNTY in the
amount of $71,080 (being 100% of the COUNTY’S Tri-Party contribution through fiscal
year 2024). The invoice shall be sent to Oakland County, Manager of Fiscal Services.
8. After February 1, 2025, the BOARD shall submit an invoice to ORION in the amount of
$18,902 (being 100% of ORION’S Tri-Party contribution through fiscal year 2025).
9. After February 1, 2025, the BOARD shall submit an invoice to the COUNTY in the
amount of $18,902 (being 100% of the COUNTY’S Tri-Party contribution through fiscal
year 2025). The invoice shall be sent to Oakland County, Manager of Fiscal Services.
Waldon Road - 4 -
Charter Township of Orion
Project No. 55241
5/12/2023
10. The total actual LOCAL SHARE will be determined from the records of the BOARD
upon completion of State financial audits of the PROJECT and a final determination of
the total federal funds used on the PROJECT. Final adjustments in the financial
obligations of the parties hereto will be made upon completion of the required audits.
11. Upon receipt of said invoice(s), ORION and the COUNTY shall pay to the BOARD the
full amount thereof, within thirty (30) days of such receipt.
12. The BOARD shall execute a separate Cost Participation Agreement with
INDEPENDENCE, for their share of the estimated PROJECT cost.
Managing Director
Waldon Road - 6 -
Charter Township of Orion
Project No. 55241
5/12/2023
Participating Contractor Payments: 14,318,812$
Participating Water Main 106,698$
Participating Construction Engineering: 1,000,000$
Participating Utility Relocation, Streetlights, and Wetland Mitigation: 463,300$
Less Participating Federal Funds: (12,711,048)$
Total Participating Local Share: 3,177,762$
Non-Participating Right-of-Way: 695,092$
Non-Participating Sprinklers: 6,251$
Non-Participating Non-Motorized Pathway 359,791$
Total Non-Participating Local Share: 1,061,134$
Total Estimated Local Share 4,238,896$
INDEPENDENCE ORION COUNTY BOARD TOTAL
$311,693 $0 $311,693 $311,692 $935,078
$0 $250,088 $250,088 $250,089 $750,265
$115,262 $359,791 $0 $2,078,500 $2,553,553
$426,955 $609,879 $561,781 $2,640,281 $4,238,896
TRI-PARTY PROGRAM
TRI-PARTY PROGRAM
CONTRIBUTION
TOTAL LOCAL SHARES
EXHIBIT A
COST PARTICIPATION BREAKDOWN
ESTIMATED PROJECT COST
T R I - P A R T Y P R O G R A M
Waldon Road
Clintonville Road to Baldwin Road
Charter Township of Orion
Board Project No. 55241
Road reconstruction, gravel road paving, roundabout construction, drainage improvements,
culvert replacement, water main, and non-motorized pathway along Waldon Road from
Clintonville Road to Baldwin Road.