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Home My WebLink AboutResolutions - 2020.07.02 - 33382REPORT (MISC. #20213) July 2, 2020 BY: Commissioner Helaine Zack, Chairperson, Finance and Infrastructure Committee IN RE: MR #20213 — BOARD OF COMMISSIONERS — TRI -PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2020 APPROPRIATION — CITY OF BERKLEY — FOR THE RESURFACING OF 12 MILE ROAD FROM 500 FEET WEST OF GREENFIELD ROAD TO COOLIDGE HIGHWAY — PROJECT NO. 54601 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance and Infrastructure Committee, having reviewed the above -referenced resolution on July 1, 2020, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Finance and Infrastructure Committee, I move the acceptance of the foregoing report. "O;a 9i Commissioner Helaine Zackistrict #18 Chairperson, Finance Committee FINANCE AND INFRASTRUCTURE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Long absent. MISCELLANEOUS RESOLUTION #20213 BY: Commissioner David T. Woodward, District #19; Nancy Quarles, District #17 IN RE: BOARD OF COMMISSIONERS —TRI -PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2020 APPROPRIATION — CITY OF BERKLEY — FOR THE RESURFACING OF 12 MILE ROAD FROM 500 FEET WEST OF GREENFIELD ROAD TO COOLIDGE HIGHWAY— PROJECT NO. 54601 To the Oakland County Board of Commissioners: Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri -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 (RCOC); and WHEREAS on December 12, 2019, the Board of Commissioners approved Miscellaneous Resolution #19411 which designated $4,602,324 in fund balance for the Tri -Party Road Improvement Program for projects managed by the RCOC, and WHEREAS the City of Berkley, 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 Berkley and said appropriation has been transferred to a project account; and WHEREAS the City of Berkley 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 2020 authorized amount of Tri -Party Road Improvement funding for Project No. 54601 in the City of Berkley is $56,391, and WHEREAS funding is available in the General Fund Assigned Fund Balance for Tri -Party 2020 and prior funding (account #383510) for Project No. 54601 in the amount of $56,391. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Berkley and authorizes the release of Tri -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 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 Berkley. BE IT FURTHER RESOLVED the FY 2020 budget will be amended as follows: GENERAL FUND 410100) Revenue 9010101-196030-665882 Expenditures 9010101-153010-740135 Planned Use of Balance Total Revenue Road Commission Tri -Party Total Expenditures Chairperson, we move the adoption of the foregoing Resolution. ( YJ U Commissioner David T. Woodward District #19 FY 2020 56.391 s56 391 $56,391 $56.391 I-Q� Co miss 4c er Nancy Quarles District #17" Quality Life through .Good Roads "We Care" Avr1-+�1/'V Ate_ � s Y Is1u11Y1 a Ir/' Inter -Departmental Memorandum PROGRAMMING DIVISION 0�/2 20 A Roili�2 ayes JN Yyqs / L - none DATE: May 11, 2020 To: Thomas G. Blust, P.E., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor ---M 4�� SUBJECT: PROJECT NO. 54601, 12 MILE ROAD �f 500 FEET WEST OF GREENFIELD ROAD TO COOLIDGE HIGHWAY LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM CITY OF BERKLEY Attached for your review and submission to the Board for their approval is the local cost participation agreement with the City of Berkley for the resurfacing of 12 Mile Road from 500 feet west of Greenfield Road to Coolidge Highway. Construction on this project is expected to begin this summer. The estimated total cost is $2,792,894 and will be partially funded with National Highway Performance Program funds in the amount of $2,097,131. The remaining local match of $695,763 will be shared between the City of Berkley and the Board. The City of Berkley will contribute $169,174 in Tri -Party Program funds along with a contribution of $123,821. Our total estimated share is $459,160 and is in the FY20 budget. The project is in the districts of County Commissioners Nancy L. Quarles and Dave Woodward. 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, P.E. Director of Engineering ®ROAAO cOMMS5io)r QUALITY LIFE THROUGH GOOD ROADS: May 21, 2020 ROAD COMMISSION FOR OAK"ND COUNTY "WE CARE." Board of Road Commissioners Ronald J. Fowkes Ms. Victoria Mitchell, Clerk Commissioner City of Berkley Gregory C. Jamian 3338 Coolidge Highway Commissioner Berkley, MI 48072-1690 Andrea LaLonde Commissioner Re: 12 Mile Road; Project No. 54601 Local Cost Participation Agreement / Tri -Party Program Dear Ms. Mitchell: Dennis G. Kolar, P.E. Managing Director A fully signed and executed agreement for the above-mentioned Gary Pictrowicz, P.E., P. T.O.E. r0 ect IS enclosed. Deputy Managing Director p County Highway Engineer The agreement was approved and subsequently signed by Dennis G. Kolar, P.E., Managing Director at the regularly scheduled Board meeting of Thursday, May 21, 2020. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, I Clerk of the Board n` Shannon J. M, Mi r 31001 Lahser Road Deputy -Secretary /Clerk of the Board Beverly Hills, MI 48025 /Srn 248.645.2000 Enclosure FAX cc: Finance Department 248.645-1349 Engineering Department Programming Division Lynn Sonkiss, Oakland County www.rcocweb.org COST PARTICIPATION AGREEMENT CONSTRUCTION 12 Mile Road 500 Feet West of Greenfield Road to Coolidge Highway City of Berkley Board Project No. 54601 1 Ma This Agreement, made and entered into this day of 2020, by and between the Board of County Road Commissioners of the County of Oakland, Michigan, hereinafter referred to as the BOARD, and the City of Berkley, 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 resurfacing of 12 Mile Road from 500 feet west of Greenfield Road to Coolidge 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 $2,792,894; and WHEREAS, the BOARD will enter into a contract with MDOT for partial funding of the PROJECT with federal program dollars under the National Highway Performance Program in the amount of $2,097,131; 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 SHARE; and WHEREAS, the COMMUNITY'S share of said LOCAL SHARE involves certain designated and approved Tri -Party Program funding in the amount of $169,174, 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 SHARE 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 total payments to the contractor. Any costs incurred by RCOC prior to this agreement date shall be allowable. 3. The estimated total LOCAL SHARE is $695,763 and shall be funded and invoiced simultaneously and proportionately as follows: a. The COMMUNITY shall contribute all non -participating decorative stamped concrete costs, estimated in the amount of $42,995. Any COMMUNITY non- participating decorative stamped concrete costs above $42,995 shall be funded 100% by the COMMUNITY. b. The BOARD shall contribute all non -participating irrigation costs, estimated in the amount of $34,105. Any BOARD non -participating irrigation costs above $34,105 shall be funded 100% by the BOARD. c. The COMMUNITY shall contribute $250,000 toward the participating LOCAL SHARE PROJECT costs and has elected to use $169,174 in Tri -Party Program funds along with a contribution of $80,826 to fund this share. d. The BOARD shall contribute $368,663 toward the participating LOCAL SHARE PROJECT costs. 12 Mile Road -2- City 2 - City of Berkley Project No. 54601 4/8/2020 e. Any participating LOCAL SHARE PROJECT cost above $618,663 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 $180,212 (being 100% of the COMMUNITY'S Tri -Party contribution and their additional 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 $56,391 (being 100% of the COUNTY'S Tri - 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 7. The total actual LOCAL SHARE 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), the COMMUNITY and the COUNTY shall pay to the BOARD the full amount thereof, within thirty (30) days of such receipt. 12 Mile Road -3- City 3 - City of Berkley Project No. 54601 4/8/2020 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 BY Its Managing Director CITY OF BERKLEY Its �/ 1 �� P\6kV\0,J Q/ 12 Mile Road -4- City 4 - City of Berkley Project No. 54601 4/8/2020 EXHIBIT A TRI -PARTY PROGRAM 12 Mile Road 500 Feet West of Greenfield Road to Coolidge Highway City of Berkley Board Project No. 54601 Resurfacing of 12 Mile Road from 500 feet west of Greenfield Road to Coolidge Highway. ESTIMATED PROJECT COST Contractor Payments - Participating $2,715,794 Contractor Payments - Board/Non-Participating $34,105 Contractor Payments - Community/Non-Participating $42,995 Less Federal Funds $2,097,131 Total Estimated Local Share $695,763 COST PARTICIPATION BREAKDOWN 12 Mile Road .5. City of Berkley Project No. 54601 4/8/2020 COMMUNITY COUNTY BOARD TOTAL IFY2012 Tri -Party Program $4,733 $4,733 $4,734 $14,200 IFY2013 Tri -Party Program $4,587 $4,588 $4,587 $13,762 �FY2014Tri-Party Program $4,112 $4,112 $4,111 $12,335 IFY2015 Tri -Party Program $4,107 $4,107 $4,108 $12,322 IFY2016 Tri -Party Program $7,972 $7,972 I $7,972 $23,916 IFY2017 Tri -Party Program $7,980 $7,980 I $7,981 $23,941 IFY2018 Tri -Party Program $7,729 $7,729 $7,729 $23,187 �FY2019 Tri -Parry Program $7,595 $7,595 $7,594 $22,784 FY2020 Tri -Party Program $7,576 $7,575 $7,576 $22,727 Contribution - Participating $80,826 $0 $368,663 $449,489 Contribution - Non -Participating $42,995 $0 $34,105 $77,100 (TOTAL SHARES $180,212 $56,391 $459,160 $695,763 12 Mile Road .5. City of Berkley Project No. 54601 4/8/2020 Resolution #20213 June 25, 2020 The Chairperson referred the resolution to the Finance and Infrastructure Committee. There were no objections. Resolution #20213 July 2, 2020 Moved by Jackson seconded by Weipert the resolutions on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Hoffman, Jackson, Kochenderfer, Kowa[], Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted (with accompanying reports being accepted). a.,-, aL 1 HEREBYAPPROVE 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 July 2, 2020, 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 Circuit Court at Pontiac, Michigan this 2nd day of July, 2020. Lisa Brown, Oakland County