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HomeMy WebLinkAboutResolutions - 2017.08.23 - 23070MISCELLANEOUS RESOLUTION # 17232 BY: Commissioner Janet Jackson, District #21 IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2017 APPROPRIATION — CITY OF SOUTHFIELD — RECONSTRUCTION OF LAHSER ROAD FROM CIVIC CENTER DRIVE TO NORTHWESTERN HIGHWAY — PROJECT NO. 53371 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 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 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 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 2017 authorized amount of Tr- Party Road Improvement funding for Project No. 53371 in the City of Southfield is $265,337. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Southfield and authorizes the release of Tr-Party Road Improvement Program funds from the Oakland County Assigned 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 Southfield. Chairperson, I move the adoption of the foregoing Resolution. ;15MmissionecJafiet Jacksoff District #21 /LW Quality Life through Good Roads "We Care" ==r. CAA 1 Ag C412,0711045:5:f4SW for OAKLAND COUNTY Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: June 22, 2017 To: Thomas G. Blust, RE., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor SUBJECT: PROJECT NO, 53371, LAHSER ROAD CIVIC CENTER DRIVE TO NORTHWESTERN HIGHWAY LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM CITY OF SOUTHFIELD 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 Civic Center Drive to Northwestern Highway. Construction on this project is expected to begin this summer. The estimated total cost is $1,930,000, The Board will contribute and perform all preliminary and construction engineering, estimated in the amount of $275,000. All construction costs will be shared equally between the City of Southfield and the Board. The City of Southfield's share of $827,500 will be funded with $796,011 in Tr-Party Program funds and a contribution of $31,489. Our total estimated share is $1,367,837 and is in the FY17 budget. The project is in the district of County Commissioner Janet Jackson. 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 Clerk of the Board July 20, 2017 Ms, Nancy Banks, Clerk City of Southfield 26000 Evergreen Road Southfield, MI 48037 Re: Project No. 53371, Lahser 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, July 20, 2017. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, Shannon J. Killer Deputy-Secretary /Clerk of the Board Ism =ROAD COMMISSION for OAKLAND COUNTY QUALITY LIM rilmoucm GOOD ROADS: OAK COMMISSION YON OAKLAND COUNTY WE CARE." 3oard of Road Commissioners Ronald J, Fowkes Commissioner Gregory C. Jam ian Commissioner Eric S. Wilson Commissioner Dennis G. Kolar, P,E. Managing Director Gary Piotrowicz, P.T.O.E. Deputy Managing Director County Highway Engineer 31001 Lahser Road Beverly Hills, MI 48025 248-645-2000 FAX 248-645-0452 TIDO 248-645-0923 www.rcocweb.org Enclosure cc: Finance Department Engineering Department Programming Division Lynn Sonkiss, Oakland County COST PARTICIPATION AGREEMENT CONSTRUCTION Lahser Road Civic Center Drive to Northwestern Highway City of Southfield Board Project No. 53371 This Agreement, made and entered into this Ofilt day of - L1tL , 2017, by and between the Board of County Road Commissioners of the County Of akland, 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 have programmed the reconstruction of Lahser Road from Civic Center Drive to Northwestern Highway, 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 $1,930,000; and WHEREAS, said PROJECT involves certain designated and approved Tr-Party Program funding in the amount of $796,011, which amount 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, the BOARD and the COMMUNITY have reached a mutual understanding regarding the cost sharing of the PROJECT 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: i 1. The COMMUNITY approves of the PROJECT, declares its public necessity, and authorizes the BOARD to perform or cause to be performed, and complete the PROJECT along with all administration in reference thereto. 2. The PROJECT shall include preliminary engineering, construction engineering, and total payments to the contractor. Any costs incurred by RCOC prior to this agreement date shall be allowable. 3. The BOARD shall contribute all preliminary engineering and construction engineering costs, estimated in the amount of $275,000. 4. The BOARD and the COMMUNITY shall share all construction costs, estimated in the amount of $1,655,000. Each 50% share shall be invoiced and funded in the following order: a. Tri-Party Program funding in the amount of $796,011. b. The COMMUNITY shall contribute $31,489 and the BOARD shall contribute $827,500, simultaneously. c. Any construction costs above the Tr-Party Program funding of $796,011, the BOARD contribution of $827,500, and the COMMUNITY contribution of $31,489 will be funded first with any available Tr-Party Program Funds. If no Tr-Party Program Funds are available, any additional construction costs will be shared equally between the BOARD and the COMMUNITY. 5. Upon execution of this agreement, the BOARD shall submit an invoice to the COMMUNITY in the amount of $148,413 (being 50% of the COMMUNITY'S Tr-Party contribution of $265,337 and 50% of the COMMUNITY'S contribution of $31,489). 6. As costs of the PROJECT are incurred, the BOARD shall invoice the COMMUNITY for the remaining 50% of the COMMUNITY'S total contribution. Lahser Road - 2 - City of Southfield Project No. 63371 5/16/2017 7. After execution of this agreement and approval by the COUNTY, the BOARD shall submit an invoice to the COUNTY in the amount of $265,337 (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 8. 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. Lahser Road City of Southfield Project No. 53371 5/16/2017 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and date first written above. BOARD OF ROAD COMMISSIONERS OF THE COUNTY OF OAKLAND A Public Body Corporate Its Managing Director CITY OF SOUTHFIELD Kenson J. Slyer Its May or Its City Clerk Lahser Road - 4 - City of Southfield Project No. 53371 5/16/2017 EXHIBIT A TRI-PARTY PROGRAM Lahser Road Civic Center Drive to Northwestern Highway City of Southfield Board Project No, 53371 Reconstruction of Lahser Road from Civic Center Drive to Northwestern Highway, ESTIMATED PROJECT COST Preliminary Engineering $125,000 Construction Engineering $150,000 Contractor Payments $1,655,000 Total Estimated Project Cost $1,930,000 COST PARTICIPATION BREAKDOWN COMMUNITY COUNTY BOARD TOTAL FY2014 Tr-Party Program $8,756 $8,756 $8,756 $26,268 FY2015 Tr-Party Program $50,871 $50,871 $50,870 $152,612 FY2016 Tr-Party Program $103,482 $103,482 $103,483 $310,447 FY2017 Tr-Party Program $102,228 $102,228 $102,228 $306,684 Contribution - PE/CE $0 $0 $275,000 $275,000 Contribution - Construction $31,489 $0 $827,500 $858,989 TOTAL SHARES $296,826 $265,337 $1,367,837 $1,930,000 Lahser Road - 5 - City of Southfieid Project No 53371 5/16/2017 \\:\ Nancy L. M. Bags, City Clerk CITY OF SOUTHFIELD RESOLUTION OF SUPPORT WHEREAS, the Road Commission for Oakland County (RCOC) has presented contract documents for the reconstruction of Lahser Road from Civic Center Drive to south of 11 Mile Road; and WHEREAS, the estimated total project cost is $1,930,000, with the Board of Road Commissioners for the County of Oakland estimated cost share being $1,367,837, the Oakland County Board of Commissioners estimated cost share being $265,337 and the City of Southfield's estimated cost share being $296,826, which amount is available in the 2017-18 Major Street budget (Account No. 202-451-4515-49740) as Council may approve. WHEREAS, upon execution of the Cost Participation Agreement and receipt of invoice, payment shall be made to the RCOC for 100% of the City's estimated cost share, or $296,826. In order to facilitate this project a transfer from General Fund Undesignated Fund Balance will be requested as part of the resolution for the City's estimated cost share. This advance will be repaid from the 2017-18 Major Street budget upon adoption its adoption. NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Southfield does hereby approve of the project, authorizes the contractor to work 24/7 for the duration of the project and also authorizes the Mayor and City Clerk to sign the appropriate Cost Participation Agreement documents on behalf of the City after review and approval as to form by the City Attorney's Office. I, Nancy L. M. Banks, the duly elected and qualified City Clerk of the City of Southfield, County of Oakland, State of Michigan, do hereby certify that the foregoing resolution was adopted by the Southfield City Council at their Regular Council Meeting held on Monday, May 15, 2017, in the Council Chambers of the Municipal Building, 26000 Evergreen Road, Southfield, Michigan. „ Dated: Resolution #17232 August 10, 2017 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #17232) August 23, 2017 BY: Commissioner Thomas Middleton, Chairperson, Finance Committee IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2017 APPROPRIATION — CITY OF SOUTHFIELD— RECONSTRUCTION OF LAHSER ROAD FROM CIVIC CENTER DRIVE TO NORTHWESTERN HIGHWAY — PROJECT NO. 53371 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 8, 2016, the Board of Commissioners approved Miscellaneous Resolution #16324 which designated $4,086,500 in fund balance for the Tr-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $265,337 is available in the General Fund Assigned Fund Balance for Tri-Party 2017 and prior funding (account #383510) for project 53371. 3. This project is for reconstruction of Lahser Road from Civic Center Drive to Northwestern Highway. 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 2017 budget will be amended as follows: Expenditures 9010101-153010-740135 FY 2017 Planned Use of Balance $265,337 Total Revenues $265,337 Road Commission Tr-Party $265,337 Total Expenditures $265,337 GENERAL FUND #10100 Revenue 9010101-196030-665882 Commissioner Thomas Middleton, District #4 Chairperson, Finance Committee FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. Resolution #17232 August 23, 2017 Moved by Tietz supported by Zack the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Crawford, Dwyer, Fleming, Gershenson, Hoffman, Jackson, Kochenderfer, KowaII, Long, McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman. (20) 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). HEREBY APPROVE T IS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 46.659A (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 August 23, 2017, 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 23 rd day of August, 2017. Lisa Brown, Oakland County