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HomeMy WebLinkAboutResolutions - 2012.06.21 - 20272Chairper move UD,e'madopten of the) foregoing Resolution. ; District 22 'OA/1'1N Nanty- L District 23 Helaine Zac Miscellaneous Resolution # 12169 BY: Commissioners Janet Jackson, District 21; Helaine Zack, District 22; Nancy I. Quarles, District 23 RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION - CITY OF SOUTHFIELD - LAHSER ROAD - PROJECT NO. 50161 TO: Oakland. County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Beard of Commissioners has authorized the Tr-Party Road Improvement Program to assist Oakland County's cities, villages and townships (CVIs) with the construction, maintenance and repair of roads under the supervision, direction and control of the Road Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement Program - Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any Oakland County appropriation in support of the Tr-Party Road Improvement Program shall be distributed only from the designated General Fund Tr-Party Program fund balance after completion of all of the following: I. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have identified a project and the project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a project account; and 3. The CVT has authorized. its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits a resolution authorizing the appropriation of the County's 1/3 share of the project from the General Fund Designated Fund Balance for Tr-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds are released from the Tr-Party Program designation account; and WHEREAS the City of Southfield, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the City of Southfield and said appropriation has been transferred to a project account; and WHEREAS the City of Southfield has demonstrated that it has authorized its one-third (1/3) share of the funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County's one-third (1/3) share of the Fiscal Year 2012 authorized amount of Tr-Party Road Improvement funding for the City of Southfield is $157,925. NOW THEREFORE BE IT RESOLVED that hereby approves the project submitted authorizes the release of Tr-Party Road Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED that the Oakland County the Oakland County Board of Commissioners by the City of Southfjeld Program funds from. Improvement and the Clerk is requested to forward copies of this resolution to the Road. Commission for County Fiscal Services and the City of Southfield. Oakland County, Oakland J, Fawkes :sioner -gory C. Jai-Wilk-1 :7 -.)7fn:;sintier WilS0f1 31001 Lahser Road Beverly Hills, MI 48025 248-645-2000 FAX 248-645-0452 TDD 248-645-9923 www.rcocweb.org A j ((2. cp QUALITY LIFE THROUGH GOOD ROADS: ROAD COMMISSION FOR OAKLAND COUNTY WE CARE," May 24, 2012 Road Commissioners Ms. Nancy Banks, Clerk City of Southfield 26000 Evergreen Road Southfield, MI 48037 Re: PROJECT NO. 50161, LAHSER ROAD 11 MILE ROAD 10 12 MILE ROAD Dear Ms. Banks: A fully signed and executed agreement for the above mentioned project is enclosed. The agreement was approved and subsequently signed by Dennis G. Kolar, P.E., Managing Director at the regularly scheduled Board meeting of Thursday, May 24, 2012. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2900 ext. 2266 to answer questions or for additional information. Sincerely, Patricia Z. Ofierzbicld Deputy-Secretary /Clerk of the Board /sm Enclosure cc: Dennis Lockhart Tom Blust Tom Noechel Tim Soave Quality Life through Good Roads "We Care" Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: May 11,2012 To: Thomas G. Blust, P.E. Director of Engineering FROM: Thomas G. Noechel Programming Supervisor SUBJECT: PROJECT NO. 50161, LAHSER ROAD 11 MILE ROAD TO 12 MILE ROAD LOCAL COST PARTICIPATION AGREEMENT Attached for your review and submission to the Board for their approval is the local cost participation agreement with the City of Southfield for the reconstruction of Lahser Road from 11 Mile Road to 12 Mile Road. The estimated total cost of the project is $5,700,000 and will be partially funded with Federal Surface Transportation Program Funds estimated in the amount of $4,250,000. The remaining local match of $1,450,000 will be funded with $473,774 in Tr-Party funds, a $26,226 contribution from the City of Southfield, and a $950,000 contribution by the Board. Our estimated total share is $1,107,924 and is in the FY12 budget. The project is in the districts of County Commissioner Janet Jackson. The agreement is in our standard approved format, and I recommend the Board approve the agreement and authorize the Managing Director to execute the agreement on behalf of the Board. /je Attachments COST PARTICIPATION AGREEMENT CONSTRUCTION Lahser Road 11 Mile Road to 12 Mile Road City of Southfield Board Project No. 50161 This Agreement, made and entered into this 2.Lf-Ot, day of , 2012, by and between the Board of Road Commissioners for the County of Oakland, Michigan, hereinafter referred to as the BOARD, and the City of Southfield, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD and the COMMUNITY, in cooperation with the Michigan Department of Transportation, hereinafter referred to as MDOT, have programmed the reconstruction of Lahser Road from 11 Mile Road to 12 Mile 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 the COMMUNITY, which improvements are hereinafter referred to as the PROJECT; and WHEREAS, the estimated total cost of the PROJECT is $5,700,000; and WHEREAS, the BOARD will enter into a contract with MDOT for partial funding of the PROJECT with federal program dollars under the Federal Surface Transportation Program Fund in the amount of $4,250,000; 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 MATCH; and WHEREAS, the COMMUNITY'S share of said LOCAL MATCH involves certain designated and approved Tri-Party Program funding in the amount of $473,774, which 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 2 WHEREAS, all the parties hereto have reached a mutual understanding regarding the cost sharing for the LOCAL MATCH 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 the COMMUNITY and the BOARD that: 1. The COMMUNITY approves of the PROJECT, declares 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, force account, and total payments to the contractor. 3. The estimated total LOCAL MATCH is $1,450,000 and shall be shared as follows: a. The BOARD shall contribute $950,000 toward the LOCAL MATCH. b. The COMMUNITY shall contribute $26,226 toward the LOCAL MATCH. c. Tr-Party Program funding in the amount of $473,774. d. Any PROJECT costs above the Tr-Party Program funding of $473,774 and the COMMUNITY contribution of $26,226 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 $92,076 (being 50% of the COMMUNITY'S Tr-Party contribution as well as 50% of the COMMUNITY'S contribution). 5. After execution of this agreement, the BOARD shall submit an invoice to the COUNTY in the amount of $78,963 (being 50% of the COUNTY'S Tr-Party contribution) on May 17, 2012. Lahser Road City of Southfield Project No. 50161 2/27/2012 a. The invoice shall be sent to: Mr. Tim Soave, Manager of Fiscal Services Executive Office Building 2100 Pontiac Lake Road, Building 41 West Waterford, MI 48328 6. As costs of the PROJECT are incurred, the BOARD shall invoice the COMMUNITY for the remaining 50% of the COMMUNITY'S total contribution, not to exceed $92,075. 7. As costs of the PROJECT are incurred, the BOARD shall invoice the COUNTY for the remaining 50% of the COUNTY'S Tr-Party contribution not to exceed $78,962. 8. The total actual LOCAL MATCH 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. 9. 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. 3 Lahser Road City of Southfield Project No. 50161 2/27/2012 — By c- çJ '1 •.; Nancy L.M:\Banks By = IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and date first written above. BOARD OF ROAD COMMISSIONERS FOR THE COUNTY OF OAKLAND A Public Body Corporate Managing Director CITY ORSOUTHFIELD By Brenda L. Lawrence Its Its Mayor Its City Clerk 4 Lahser Road City of Southfield Project No. 50161 2/27/2012 EXHIBIT A TRI-PARTY PROGRAM Lahser Road 11 Mile Road to 12 Mile R^nri City of Southfield Board Project No. 50161 Reconstruction of Lahser Road from 11 Mile Road to 12 Mile Road. ESTIMATED PROJECT COST Contractor Payments Construction Engineering Force Account Less Federal Funds Total Estimated Project Cost $5,000,000 $ 600,000 $ 100,000 ($4,250,000) $1,450,000 COST PARTICIPATION BREAKDOWN COMMUNITY COUNTY BOARD TOTAL FY09 Tr-Party Program $ 60,000 . $ 60,000 $ 60,000 $ 180,000 FY11 Tr-Party Program $ 47,974 $ 47,974 $ 47,973 $ 143,921 FY12 Tr-Party Program $ 49,951 $ 49,951 $ 49,951 $ 149,853 Contribution $ 26,226 $ 0 $ 950,000 $ 976,226 TOTAL SHARES $184,151 $157,925 $1,107,924 $1,450,000 5 Lahser Road City of Southfield Project No. 50161 2/27/2012 Resolution #12169 June 7, 2012 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #12169) June 21, 2012 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION — CITY OF SOUTHFIELD LAHSER ROAD — PROJECT NO. 50161 TO: The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds: 1. On December 15, 2011, the Board of Commissioners approved Miscellaneous Resolution #11305 which designated $2,876,802 in fund balance for the Tr-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $157,925 is available in the General Fund Designated Fund Balance for Tr-Party 2012 and prior funding (account #383510) for project 50161. 3. This project is for the reconstruction of Lahser Road from 11 Mile Road to 12 Mile Road, 4. The FY 2012 budget be amended as follows: General Fund #10100 Revenue 9010101-196030-665882 Planned Use of Fund Balance Total Revenues Expenditures 9010101-153010-740135 Road Commission Tr-Party Total Expenditures FY 2012 $157,925 $157,925 $157,925 $157,925 FJPIAFE COy1.1111ITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote. Resolution #12169 June 21, 2012 Moved by Crawford supported by Gershenson the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Zack, Bosnic. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Bill Bullard Jr., 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 June 21, 2012, 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 County of Oakland at Pontiac, Michigan this 21 st day of June, 2012. FIL.12iL ei).1z4_,,1 094, Bill Bullard Jr., Oakland County