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HomeMy WebLinkAboutResolutions - 2014.04.17 - 21287Miscellaneous Resolution #14089 BY: Commissioner Jeff Matis, District #15 and Robert Gosselin, District #11 RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2014 APPROPRIATION — CITY OF ROCHESTER HILLS — IMPROVEMENTS TO AVON ROAD - PROJECT NO. 51121 TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tr-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; 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 after completion of all of the following: 1. 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; and WHEREAS the City of Rochester Hills, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its 1/3 share of the funding for the project in the City of Rochester Hills and said appropriation has been transferred to a project account; and WHEREAS the City of Rochester Hills has demonstrated that it has authorized its 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 2014 authorized amount of Tr-Party Road Improvement funding for Project 51121 in the City of Rochester Hills is $89,835. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Rochester Hills and authorizes the release of Tr-Party Road Improvement Program funds from the Oakland County Designated Fund Balance. 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 Finance Committee 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 Rochester Hills. Chairperson, we move tbe adoption of the foregoing Resolution. IHRESZEIMOAD COAMIEVON or OAKLAND COUNTV Asa 100 YEARS OF TRANSPORTATION EXCELLENCE Eloarcl of Road Commissioners Ronald J. Fovvkes Commissioner Gregory C. Jamian Commissioner Eric S. Wilson Commissioner March 27, 2014 Ms. Tina Barton, Clerk City of Rochester Hills 1000 Rochester Hills Drive Rochester Hills, MI 48309-3033 Re: Project No. 51121, Avon Road, Adams Road to Livernois Road; Local Cost Participation Agreement/Tr-Party Program Dear Ms. Barton: A fully signed and executed agreement for the above-referenced project is enclosed. The agreement was approved at the regularly scheduled Board meeting of Thursday, March 27, 2014, and subsequently signed by Dennis G. Kolar, P.E., Managing Director. Please contact Tom Blust, Director of Engineering at (248) 645-2000 ext. 2265 to answer any questions or for additional information. Sincerely, Patricia Z. VVrerzbicki Deputy-Secretary/Clerk of the Board Enclosure cc: Dennis Lockhart Tom Blust Tom Noechel Tim toavb, Dennis G. Kolar, P.E. Managing Director Gary Plotrowicz, P.E., P. T.O.E Deputy Managing Director County Highway Engineer Clerk of the Board 31001 Lahser Road Beverly Hills, MI 48026 248-645-2000 FAX 248-645-1349 www.rcocweb.org ATRESSIROAD CORPRSAVNI 100 YEARS OF TRANSPORTATION EXCF1T ENCE Inter—Departmental Memorandum PROGRAMMING. DIVISION DATE: March 14, 2014 To: Thomas G. Blust, P.E., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor/-1,9 SUBJECT: PROJECT NO 51121, AVON ROAD ADAMS ROAD TO LIVERNOIS ROAD LOCAL COST PARTICIPATION AGREEMENT/MI-PARTY PROGRAM CITY OF ROCHESTER HILLS Attached for your review and submission to the Board for their approval is the local cost participation agreement with the City of Rochester Hills for the reconstruction and widening of Avon Road from Adams Road to Livernois Road. The estimated total cost of the project is $3,391,700 and will be partially funded with Federal Surface Transportation Program funds estimated in the amount of $2,410,900. The remaining local match of $980,800 will be funded with $269,506 in Tr-Party funds, a $446,200 contribution from the City of Rochester Hills, and a $265,094 contribution by the Board. Our estimated total share is $354,930 and is in the FY14 budget. The project is in the district of County Commissioners Robert Gosselin and Jeff Matis. 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. /je Attachments Recommended for Board Approval .34 Thomas G. Blust, P.E. Director of Engineering Giv\Gov- COST PARTICIPATION AGREEMENT CONSTRUCTION Avon Road Adams Road to Livernois Road City of Rochester Hills Board Project No. 51121 This Agreement, made and entered into this 7.34tk day of Ma41- , 2014, by and between the Board of Road Commissioners for the County of Oakland, Michigan, hereinafter referred to as the BOARD, and the City of Rochester Hills, 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 and widening of Avon Road from Adams Road to Livernois Road, as described in Exhibit "A", attached hereto, and made a part hereof, which improvements involve roads under the jurisdiction of the BOARD arid within the COMMUNITY, which improvements are hereinafter referred to as the PROJECT; and WHEREAS, the estimated total cost of the PROJECT is $3,391,700; and WHEREAS, the BOARD has entered into an agreement with MDOT in Contract No. 13-5524 for the reconstruction and widening work under the Surface Transportation - Program in the amount of $2,410,900; 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 Tr-Party Program funding in the amount of $269,506, 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 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 MOOT 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. 3. The estimated total LOCAL MATCH is $980,800 and shall be funded in the following order: a. Tr-Party program funding in the amount of $269,506. b. The COMMUNITY shall contribute $446,200 toward the LOCAL MATCH. c. The BOARD shall contribute $265,094 toward the LOCAL MATCH. d. Any PROJECT costs above the Tr-Party Program funding of $269,506, the COMMUNITY contribution of $446,200, and the BOARD contribution of $265,094 will be shared equally by the BOARD and the COMMUNITY. 4. Upon execution of this agreement, the BOARD shall submit an invoice to the COMMUNITY in the amount of $268,018 (being 50% of the COMMUNITY'S Tr-Party contribution and 50% of the COMMUNITY'S contribution). 5. After execution of this agreement and approval by the COUNTY, the BOARD shall submit an invoice to the COUNTY in the amount of $44,918 (being 50% of the COUNTY'S Tr-Party contribution). Avon Road -2- City of Rochester Hills Project Ho. 51121 2/4/2014 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 $268,017. 7. As costs of the PROJECT are incurred, the BOARD shall invoice the COUNTY for the remaining 50% of the COUNTY'S total contribution, not to exceed $44,917. 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. Avon Road -3- City of Rochester Hills Project No. 51121 214/2014 Its Managing Director CITY OF ROGHE4iR 'DILLS By Its 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 -4- Avon Road City of Rochester Hills Project No. 51121 2/4/2014 EXHIBIT A TR1-PARTY PROGRAM Avon Road Adams Road to Livernois Road City of Rochester Hills Board Project No. 51121 Reconstruction and widening work on Avon Road from Adams Road to Livernois Road. ESTIMATED PROJECT COST Contractor Payments $3,391,700 Less Federal Funds $2,410,900 Total Estimated Local Share $980,800 COST PARTICIPATION BREAKDOWN COMMUNITY COUNTY BOARD TOTAL FY11 Tri-Party Program $64 $64 $64 $192 FY12 Add'i Tr-Party Program $3,083 $3,083 $3,083 $9,249 FY13 Tr-Party Program $5,852 $5,852 $5,853 $17,557 FY14 Tr-Party Program $80,836 $80,836 $80,836 $242,508 Contribution $446,200 $0 $265,094 $711,294 TOTAL SHARES $536,035 $89,835 $354,930 $980,800 Avon Road - 5 - City of Rochester Hirls Project No. 61121 2/4/2014 Resolution #14089 April 17, 2014 The Chairperson referred the resolution to the Finance Committee. There were no objections.