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Home My WebLink AboutResolutions - 2015.05.21 - 21844REPORT (MISC. #15130) May 21, 2015 BY: Finance Committee, Thomas Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2015 APPROPRIATION — VILLAGE OF BEVERLY HILLS — RESURFACING OF LAHSER ROAD — PROJECT NO. 52861 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution and cost participation agreement, recommends that the resolution be amended. The changes are in bold and/or strikethrough. Change within the fifth WHEREAS paragraph, the County's one third (1/3) share of funding. WHEREAS Oakland County's one third (1/3) share of the — Fiscal Year 2015 authorized amount of Tr-Party Road Improvement funding for Project No. 52861 in the Village of Beverly Hills is $82,773 $37,655. FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Matis absent. MISCELLANEOUS RESOLUTION # 15130 BY: Commissioner Bill Dwyer, District #14 IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2015 APPROPRIATION — VILLAGE OF BEVERLY HILLS — RESURFACING OF LAHSER ROAD - PROJECT NO. 52861 To the 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 Village of Beverly 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 Village of Beverly Hills and said appropriation has been transferred to a project account; and WHEREAS the Village of Beverly 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 2015 authorized amount of Tr- Party Road Improvement funding for Project No. 52861 in the Village of Beverly Hills is $82,773. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Village of Beverly 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 Village of Beverly Hills. Chairperson, I move the adoption of the foregoing Resolution. 11/61t:ii\) r("e4\tY\ Commissioner Bill Dwyer District #14 Quality Life through Good Roads "We Care" ( L4- =fita CCP a411;a5MOA, for OAKLAND COUNTY Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: April April 13, 2015 To: Thomas G. Blust, RE., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor -7700 SUBJECT: PROJECT NO. 52861, LAHSER ROAD 13 MILE ROAD TO MAPLE ROAD LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM VILLAGE OF BEVERLY HILLS Attached for your review and submission to the Board for their approval is the local cost participation agreement with the Village of Beverly Hills for the resurfacing of Lahser Road from 13 Mile Road to Maple Road. Construction on this project is expected to begin this spring. The estimated total cost is $4,136,500 and will be partially funded with Federal Surface Transportation Program funds in the amount of $2,571,250. The remaining local match of $1,565,250 will be shared between the RCOC, the County of Oakland, the Village of Beverly Hills, and the Charter Township of Bloomfield. This agreement is with the Village of Beverly Hills and they have elected to use $112,964 in Tr-Party Program funds along with a contribution of $157,036 to fund their $270,000 share. Our total estimated share is $1,204,022 and is in the FY15 budget. The project is in the district of County Commissioners Shelly Goodman Taub 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 Thomas G. Blust, Director of Engineering COST PARTICIPATION AGREEMENT CONSTRUCTION Lahser Road 13 Mile Road to Maple Road Village of Beverly Hills Board Project No, 52861 This Agreement, made and entered into this 2.-11Lt, day of rVW:.--1 1--- , 2015, by and between the Board of Road Commissioners for the County of Oakland, Michigan, hereinafter referred to as the BOARD, and the VILLAGE OF BEVERLY HILLS, hereinafter referred to as BEVERLY HILLS, provides as follows; WHEREAS, the BOARD, BEVERLY HILLS, and the Charter Township of Bloomfield, hereinafter referred to as BLOOMFIELD TOWNSHIP, in cooperation with the Michigan Department of Transportation, hereinafter referred to as MOOT, have programmed the resurfacing of Lahser Road from 13 Mile Road to Maple 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 BEVERLY HILLS and BLOOMFIELD TOWNSHIP, which improvements are hereinafter referred to as the PROJECT; arid WHEREAS, the estimated total cost of the PROJECT is $4,136,500; and WHEREAS, the BOARD has entered into an agreement with IVIDOT in Contract No, 15-5094 for partial funding of the PROJECT with federal program dollars under the Surface Transportation Program in the amount of $2,571,250; 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, BEVERLY HILLS' share of said LOCAL MATCH involves certain designated and approved Tr-Party Program funding in the amount of $112,964, which shall be paid through equal contributions by the BOARD, BEVERLY 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 BEVERLY HILLS and the BOARD that: 1. BEVERLY HILLS and BLOOMFIELD TOWNSHIP 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, 3. The estimated total LOCAL MATCH is $1,565,250 and shall be funded in the following order: a. Tr-Party Program funding shall be invoiced simultaneously as follows: b. BEVERLY HILLS snail contribute $270,000 toward the LOCAL MATCH for the Village of Beverly Hills' participating and non-participating portions of the PROJECT ($112,964 in Tr-Party Program funds and a $167,036 contribution). Any PROJECT costs in the Village of Beverly Hills above the estimated amount of $270,000 shall be funded first with any available Tr-Party Program funds and any difference shall be funded entirely by BEVERLY HILLS. c, BLOOMFIELD TOWNSHIP shall contribute $174,000 toward the LOCAL MATCH for the Charter Township of Bloomfield's participating and non-participating portions of the PROJECT ($135,354 in Tr-Party Program funds and a $38,646 contribution). Any PROJECT costs in the Charter Township of Bloomfield above the estimated amount of $174,000 shall be funded first with any available Tri-Party Program funds and any difference shall be funded entirely by BLOOMFIELD TOWNSHIP. Lahser Road Village of Beverly Hilis Project No, 52861 3/10/2015 d. The BOARD shall contribute $1,121,250 toward the LOCAL MATCH on the Federal participating portion of the project. 4. Upon execution of this agreement, the BOARD shall submit an invoice to BEVERLY HILLS in the amount of $194,691 (being 100% of BEVERLY HILLS Tr-Party contribution of $37,655 and 100% of BEVERLY HILLS' non-Tri-Party contribution of $157,036), 5. Upon execution of this agreement and approval by the COUNTY, the BOARD shall submit an invoice to the COUNTY in the amount of $37,655 (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. 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. 7. Upon receipt of said invoice(s), the BEVERLY HILLS 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 BLOOMFIELD TOWNSHIP. for their share of the estimated total PROJECT cost. Lah.s.er Road -3- Vidage of Beverly HiNs Project No. 52661 3/16/2015 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 Its Managing Director VILLAGE OF BEVERLY HILLS / (? // Its \drLL1 14k 6 l'-'A_ • Leiser Road - 4 - Village of Beverly Hills Project No. 52861 3/16/2015 EXHIBIT A TRI-PARTY PROGRAM Lahser Road 13 Mile Road to Maple Road Village of Beverly Hills Board Project No, 52861 Resurfacing on Lahser Road from 13 Mile Road to Maple Road, ESTIMATED PROJECT COST Contractor Payments $4,136,500 Less Federal Funds $2,571,250 Total Estimated Local Share $1,565,250 COST PARTICIPATION BREAKDOWN BEVERLY HILLS BLoOMFIELD TWP COUNTY BOARD TOTAL FY07 Tri-Party Program $6,143 $0 $6,143 $6,144 $18,430 FY08 Tr-Party Program $4,547 $0 $4,547 $4,546 $13,640 FY11 Tri-Party Program $4,563 $0 $4,563 $4,562 $13,688 FY12 Tr-Party Program $5,841 $0 $5,841 $5,842 $17,524 FY13 Tr-Party Program $5,817 $0 $5,817 $5,817 $17,451 FY14 Tri-Party Program $5,346 $0 $5,346 $5,345 $16,037 FY15 Tr-Party Program $5,398 $45,118 $50,516 $50,516 $151,548 Contribution $157,036 $38,646 $0 $1,121,250 $1,316,932 TOTAL SHARES $194,691 $83,764 $82,773 $1,204,022 $1,565,260 Lahser Road -5 - Village of Beverly NUts Project No. 52561 3/16/2015 Resolution #16130 May 6, 2015 The Chairperson referred the resolution to the Finance Committee. There were no objections, COST PARTICIPATION AGREEMENT CONSTRUCTION Lahser Road 13 Mile Road to Maple Road Village of Beverly Hills Board Project No. 52861 This Agreement, made and entered into this 2,-.01) day of kV--) L— , 2015, by and between the Board of Road Commissioners for the County of Oakland, Michigan, hereinafter referred to as the BOARD, and the VILLAGE OF BEVERLY HILLS, hereinafter referred to as BEVERLY HILLS, provides as follows: WHEREAS, the BOARD, BEVERLY HILLS, and the Charter Township of Bloomfield, hereinafter referred to as BLOOMFIELD TOWNSHIP, in cooperation with the Michigan Department of Transportation, hereinafter referred to as MDOT, have programmed the resurfacing of Lahser Road from 13 Mile Road to Maple 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 BEVERLY HILLS and BLOOMFIELD TOWNSHIP, which improvements are hereinafter referred to as the PROJECT; and WHEREAS, the estimated total cost of the PROJECT is $4,136,500; and WHEREAS, the BOARD has entered into an agreement with MDOT in Contract No. 15-5094 for partial funding of the PROJECT with federal program dollars under the Surface Transportation Program in the amount of $2,571,250; 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, BEVERLY HILLS' share of said LOCAL MATCH involves certain designated and approved Tr -Party Program funding in the amount of $112,964, which shall be paid through equal contributions by the BOARD, BEVERLY HILLS, and the Oakland County Board of Commissioners, hereinafter referred to as the COUNTY; and d. The BOARD shall contribute $1,121,250 toward the LOCAL MATCH on the Federal participating portion of the project. 4. Upon execution of this agreement, the BOARD shall submit an invoice to BEVERLY HILLS in the amount of $194,691 (being 100% of BEVERLY HILLS' Tr-Party contribution of $37,655 and 100% of BEVERLY HILLS' non-Tr-Party contribution of $157,036). 5. Upon execution of this agreement and approval by the COUNTY, the BOARD shall submit an invoice to the COUNTY in the amount of $37,655 (being 100% of the COUNTY'S Tr-Party contribution). a. The invoice shall be sent to: Lynn Sonkiss, Manager of Fiscal Services Executive Office Building 2100 Pontiac Lake Road, Building 41 West Waterford, MI 48328 6. 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. 7. Upon receipt of said invoice(s), the BEVERLY HILLS 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 BLOOMFIELD TOWNSHIP. for their share of the estimated total PROJECT cost. Lahser Road - 3 - Village of Beverly Hills Project No. 52861 3/16/2015 EXHIBIT A TRI-PARTY PROGRAM Lahser Road 13 Mile Road to Maple Road Village of Beverly Hills Board Project No. 52861 Resurfacing on Lahser Road from 13 Mile Road to Maple Road. ESTIMATED PROJECT COST Contractor Payments Less Federal Funds Total Estimated Local Share $4,136,500 $2,571,250 $1,565,250 COST PARTICIPATION BREAKDOWN BEVERLY HILLS BLOOMFIELD TWP COUNTY BOARD TOTAL FY07 Tr-Party Program $6,143 $0 $6,143 $6,144 $18,430 FY08 Tr-Party Program $4,547 $0 $4,547 $4,546 $13,640 FY11 Tr-Party Program $4,563 $0 $4,563 $4,562 $13,688 FY12 Tr-Party Program $5,841 $0 $5,841 $5,842 $17,524 FY13 Tr-Party Program $5,817 $0 $5,817 $5,817 $17,451 FY14 Tr-Party Program $5,346 $0 $5,346 $5,345 $16,037 FY15 Tri-Party Program $5,398 $45,118 $50,516 $50,516 $151,548 Contribution $157,036 $38,646 $0 $1,121,250 $1,316,932 TOTAL SHARES $194,691 $83,764 $82,773 $1,204,022 $1,565,250 Lahser Road -5- Village of Beverly Hills Project No. 52861 3116/2015 Resolution #15130 May 6, 2015 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #15130) May 21, 2015 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2015 APPROPRIATION — VILLAGE OF BEVERLY HILLS — RESURFACING OF LAHSER ROAD - PROJECT NO. 52861 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 resolution and finds: 1. On December 11,2014, the Board of Commissioners approved Miscellaneous Resolution #14295 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 $37,655 is available in the General Fund Assigned Fund Balance for Tr-Party 2015 and prior funding (account #383510) for project 52861. 3. This project is for the resurfacing of Lahser Road from 13 Mile Road to Maple Road. 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 2015 budget be amended as follows: GENERAL FUND #10100 FY 2015 Revenue 9010101-196030-665882 Planned Use of Balance $37,655 Total Revenues $37,655 Expenditures 9010101-153010-740135 Road Cornmission Tr-Party $37,655 Total Expenditures $37,655 FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Matis absent. Resolution #15130 May 21, 2015 Moved by Spisz supported by Jackson the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Fleming, Gingell, Gosselin, Hoffman, Jackson, KowaII, Long, Matis, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Crawford. (19) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). 6 HEREBY APPFIOVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE 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 May 21, 2015, 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 May 2015. Lisa Brown, Oakland County