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Home My WebLink AboutResolutions - 2014.09.04 - 21479Marcia Geifsjenson, District #13 Miscellaneous Resolution # 14203 BY: Commissioners Bill Dwyer, District #14; Commissioner Marcia Gershenson, District #13 RE: BOARD OF COMMISSIONERS TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2014 APPROPRIATION — CITY OF FARMINGTON HILLS — ORCHARD LAKE ROAD/14 MILE ROAD/NORTHWESTERN HIGHWAY CONNECTOR TRIANGLE - PROJECT NO. 50261 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 Tri-Party Road Improvement Program shall be distributed only after completion of at of the following: 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 113 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 Farmington 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 Farmington Hills and said appropriation has been transferred to a project account: and WHEREAS the City of Farmington Hills has demonstrated that it has authorized its 113 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 50261 in the City of Farmington Hills is 6259,983. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Farmington Hills and authorizes the release of Tri-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 Farmington Hills. Chairperson, wo mcSve, t4 adoption of the foregoing Resolution. ill Dwyer, Dist Resolution # 4203 August 20, 2014 The Vice-Chairperson referred the resolution to the Finance Committee. There were no objections. ROAD COMMISSION for OAKLAND COUNTY QUALITY LIFE THROUGH G000 ROADS: IAD COMMISSION FOR OAKLAND COUNTY "WE CARE" August 7, 2014 Ms. Pamela Smith, City Clerk City of Farmington Hills 31555 West 11 Mile Road Farmington Hills, MI 483364165 RE: Orchard Lake Road/14 Mile Road/Northwestern Highway Connector Triangle; Project No. 50261 Dear Ms. Smith: 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, August 7, 2014, and subsequently signed by Dennis G. Kolar, RE, Managing Director. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645- 2000 ext. 2266 to answer any questions or for additional Information. oard of Road Commissioners Ronald J. Fawkes Commissioner Gregory C. Jamian Commissioner Eric S. Wilson Commissioner Dennis G. Kolar, P.E. Managing Director Gary Piotrowicz, PE, P.T.O.E Deputy Managing Director County Highway Engineer Sincerely, Patricia Z. Wierzbicki Deputy-Secretary /Clerk of the Board Clerk of the Board 31001 Lahser Road Beverly Hills, MI 48025 248-645-2000 FAX 248-645-1349 Enclosure cc Dennis Lockhart Tom Blust Tom Noechel Lynn Sonkiss www,rcocweb.org Effliall21711-42010 COIMIEVON 100 YEARS OF TRANSPORTATION EXCELLENCE Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: July 28, 2014 To: Thomas G. Blust, P.E., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor72M SUBJECT: PROJECT NO. 50261, ORCHARD LAKE ROAD/14 MILE ROAD/ NORTHWESTERN HIGHWAY CONNECTOR TRIANGLE LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM CITY OF FARMINGTON HILLS Attached for your review and submission to the Board for their approval is the local cost participation agreement with the City of Farmington Hills for the reconstruction of the Orchard Lake Road/14 Mile Road/Northwestern Highway Connector Triangle. This project is in the Charter Township of West Bloomfield and the City of Farmington Hills. Construction on this project is expected to begin this summer. The estimated total cost is $13,582,700 and will be partially funded with $10,673,073 in various federal funds. The remaining local match of $2,909,627 will be shared between the Charter Township of West Bloomfield, the City of Farmington Hills, the RCOC, and Oakland County. This agreement is with the City of Farmington Hills for their estimated share of $796,856 toward the local match. Our total estimated share is $1,674,068 and is in the FY14 budget. The project is in the districts of County Commissioners Marcia Gershenson and William Dwyer. 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 4/1-1- a Thomas G. Blust, P.E. Director of Engineering COAai\r" COST PARTICIPATION AGREEMENT CONSTRUCTION Orchard Lake Road/14 Mile Road/Northwestern Highway Triangle Project City of Farmington Hills Board Project No, 50261 This Agreement, made and entered into this'/-t-k&. day of \-06,.(ic-T , 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 Farmington Hills, hereinafter referred to as FARMINGTON HILLS, provides as follows: WHEREAS, the BOARD, FARMINGTON HILLS, and the Charter Township of West Bloomfield, hereinafter referred to as WEST BLOOMFIELD, in cooperation with the Michigan Department of Transportation, hereinafter referred to as MDOT, have programmed the reconstruction of the Orchard Lake Road/14 Mile Road/Northwestern Highway Triangle Project, as described in Exhibit "A", attached hereto, and made a part hereof, which improvements involve roads under the jurisdiction of the BOARD and within WEST BLOOMFIELD and FARMINGTON HILLS, which improvements are hereinafter referred to as the PROJECT; and WHEREAS, the estimated total cost of the PROJECT is $13,582,700; and WHEREAS, the BOARD has entered into an agreement with MOOT in Contract No. 14-5205 for the reconstruction of the Orchard Lake Road/14 Mile Road/Northwestern Highway Triangle Project in the amount of $10,673,073 (High Priority Projects Program in the amount of $8,243,773, the Safety Program in the amount of $480,000, Congestion Mitigation and Air Quality Funds in the amount of $500,000, and Surface Transportation Funds in the amount of $1,449,300); 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, FARMINGTON HILLS' share of said LOCAL MATCH involves certain designated and approved Tr-Party Program funding in the amount of $779,949, which shall be paid through equal contributions by the BOARD, FARMINGTON HILLS, 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 FARMINGTON HILLS and the BOARD that: 1. WEST BLOOMFIELD and FARMINGTON HILLS 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 construction engineering and total payments to the contractor. 3. The estimated total LOCAL MATCH is $2,909,627 and shall be funded in the following order: a. WEST BLOOMFIELD has agreed to contribute $698,686 toward the LOCAL MATCH. b. FARMINGTON HILLS has agreed to contribute $796,856 and will fund $779,949 from the Tr-Party Program and a $16,907 contribution toward the LOCAL MATCH. c. The BOARD will contribute $1,414,085 toward the LOCAL MATCH. d. Any PROJECT overages will be funded first with any available Tr-Party Program Funds. If no Tri-Party Program Funds are available, any PROJECT overages will Orchard Lake Road/14 Mile Road/Northwestern Highway - 2 - City of Farmington Hills Project No. 50261 05/09/2014 be shared equally between the BOARD, WEST BLOOMFIELD, AND FARMINGTON HILLS. 4. Upon execution of this agreement, the BOARD shall submit an invoice to FARMINGTON HILLS in the amount of $146,899 (being 50% of FARMINGTON HILLS' Tr-Party contribution and 100% of FARMINGTON HILLS contribution for non- participating costs). 5. Upon execution of this agreement and approval by the COUNTY, the BOARD shall submit an invoice to the COUNTY in the amount of $259,983 (being 100% of the COUNTY'S Tr-Party contribution). a. The invoice shall be sent to: Lynn Son kiss, 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 FARMINGTON HILLS for the remaining 50% of FARMINGTON HILLS' Tr-Party contribution, not to exceed $129,991. 7. 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_ 8. Upon receipt of said invoice(s), FARMINGTON HILLS and the COUNTY shall pay to the BOARD the full amount thereof, within thirty (30) days of such receipt. 9. The BOARD shall execute a separate Cost Participation Agreement with WEST BLOOMFIELD for their share of the estimated total PROJECT cost. Orchard Lake Road/14 Mile Road/Northwestern Highway - 3 - City of Farmington Hilts Project No. 50261 05/09/2014 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 By _A51 Its Managing Director CITY OF FARM INGTON HILLS f" rt. 6-ec Its By Its Ok2A/, Orchard Lake Road/14 Mile Road/Northwestern Highway City of Farmington Hills Project No 50261 5/9/2014 EXHIBIT A TRI-PARTY PROGRAM Orchard Lake Road/14 Mile Road/Northwestern Highway Triangle Project Charter Township of West Bloomfield/City of Farmington Hills Board Project No. 50261 Reconstruction of the Orchard Lake Road/14 Mile Road/Northwestern Highway Triangle project_ ESTIMATED PROJECT COST Contractor Payments $12,602,700 Construction Engineering $980,000 Less Federal Funds $10,673,073 Total Estimated Local Share $2,909,627 COST PARTICIPATION BREAKDOWN WEST BLOOMFIELD FARM HILLS COUNTY BOARD TOTAL FY11 Tr-Party Program $0 $17,051 $17,050 $17,051 $51,152 FY12 Tr-Party Program $0 $56,952 $56,951 $56,951 $170,854 FY12 Add! Tr-Party Program $0 $74,902 $74,902 $74,901 $224,705 FY13 Tri-Party Program $0 $61,105 $61,106 $61,106 $183,317 FY14 Tr-Party Program $0 $49,973 $49,974 $49,974 $149,921 Contribution-Non Participating $0 $16,907 $0 $84,073 $100,980 Contribution-Participating $698,686 $0 $0 $1,330,012 $2,028,698 TOTAL SHARES $698,686 $276,890 $259,983 $1,674,068 $2,909,627 Orchard Lake Road/14 Mile Road/Northwestern Highway - 5 - City of Farmington Hills Pro'act No. 50261 05/09/2014 Resolution #14203 August 20, 2014 The Vice-Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #14203) September 4, 2014 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2014 APPROPRIATION — CITY OF FARMINGTON HILLS — ORCHARD LAKE/14 MILE ROAD/ NORTHWESTERN HIGHWAY CONNECTOR TRIANGLE - PROJECT NO. 50261 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 12, 2013, the Board of Commissioners approved Miscellaneous Resolution #13305 which designated $2,000,000 in fund balance for the Tr-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $259,983 is available in the General Fund Assigned Fund Balance for Tr-Party 2014 and prior funding (account #383510) for project 50261. 3. This project is for reconstruction of the Orchard Lake Road/14 Mile Road/Northwestern Highway Connector Triangle. 4. The resolution allows for additional project costs not greater than 15% from the original agreement, which is consistent with the project as originally approved, to be paid when invoiced and appropriated in the quarterly forecast resolution. 5. Additional project costs exceeding 15% of the original agreement will require a separate Finance Committee resolution to appropriate the additional Oakland County share of the project costs prior to payment. 6. The FY 2014 budget be amended as follows: General Fund #10100 Revenue 9010101-196030-665882 Planned Use of Balance Total Revenues FY 2014 $259,983 $259,983 Expenditures 9010101-153010-740135 Road Commission Tr-Party Total Expenditures $259,983 $259,983 FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Quarles absent. Resolution #14203 September 4, 2014 Moved by Spisz supported by McGillivray the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long. Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (21) 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). I HEREBY APPROVE THIS RESOLUTIro' CHIEF DEPUTY COUNT'f"EXECtiII v ACTING PURSUANT TO MCL 45.559A (7) 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 September 4, 2014, 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 4 th day of September 2014. Lisa Brown, Oakland County