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HomeMy WebLinkAboutResolutions - 2020.08.06 - 33473REPORT (MISC. #20266) August 6, 2020 BY, Commissioner Helaine Zack, Chairperson, Finance and Infrastructure Committee IN RE: MR #20266 — BOARD OF COMMISSIONERS — TRI -PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2020 APPROPRIATION — CITY OF SOUTHFIELD — RESURFACING OF 12 MILE ROAD FROM TELEGRAPH ROAD TO LAHSER ROAD — PROJET NO. 55121 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance and Infrastructure Committee, having reviewed the above -referenced resolution on July 29, 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. Commissioner Helaine Zack, District #18 Chairperson, Finance Committee FINANCE AND INFRASTRUCTURE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. MISCELLANEOUS RESOLUTION #20266 BY: Commissioner Janet Jackson, District #21 IN RE: BOARD OF COMMISSIONERS —TRI -PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2020 APPROPRIATION — CITY OF SOUTHFIELD — RESURFACING OF 12 MILE ROAD FROM TELEGRAPH ROAD TO LAHSER ROAD — PROJECT NO. 55121 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 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 one-third (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 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. 55121 in the City of Southfield is $201,844; and WHEREAS funding is available in the General Fund Assigned Fund Balance for Tri -Party 2020 and prior funding (account #383510) for Project No. 55121 in the amount of $201,844; and WHEREAS in the event the FY 2021 Tri -Party Program Funds are not available, the COMMUNITY shall be responsible for their one-third (1/3) share as well as the COUNTY'S one-third (1/3) share. 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 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 Southfield. BE IT FURTHER RESOLVED the FY 2020 budget will be amended as follows: GENERAL FUND (#10100) FY 2020 Revenue 9010101-196030-665882 Planned Use of Balance $201,844 Total Revenue 1 44 Expenditures 9010101-153010-740135 Road Commission Tri -Party $201,844 Total Expenditures 1 44 Chairperson, I move the adoption of the foregoing Resolution. Co missioner Janet Jack District #21 Quality Lffe through Good Roads "We Care" O/�lSS N Inter -Departmental Memorandum PROGRAMMING DIVISION To: Gary Piotrowicz, Deputy Managing Director FROM: Thomas G. Noechel, Programming Supervisor' -/-9U1 '77/r 16A 07/0g/20 Napes - none DATE: June 29, 2020 SUBJECT: PROJECT NO. 55121, 12 MILE ROAD TELEGRAPH ROAD TO LAHSER ROAD 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 resurfacing of 12 Mile Road from Telegraph Road to Lahser Road. Construction on this project is expected to begin this summer. The estimated total cost of $1,634,486 will be shared equally between the City of Southfield and the Board. The city has elected to use $605,530 in Tri -Party Program funds along with a contribution of $211,713 to fund their share. Our share is $1,019,085 and is in the FY20 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 Recommended for Board Approval r iotrowicz, P.E., P.T.O.E. eputy Managing Director County Highway Engineer ®ROA® COMM/SS/Oh, mFruVin6+m I Sl0l1UILIA) OHALRV LIFE ROUGH GOOD ROADS: July 9, 2020 ROAD COMMISSION FOR OAKLAND COUNTY "WE CARE." Board of Road Commissioners Ronald J. Fawkes Ms. Sherikia Hawkins, Clerk Commissioner City of Southfield Gregory C. Jamian 26000 Evergreen Road Commissioner Southfield, MI 48037 Andrea LaLonde Commissioner Re: Project No. 55121; 12 Mile Road Telegraph Road to Lahser Road The agreement was approved and subsequently signed by Dennis G. Kolar, P.E., Managing Director at the regularly scheduled Board meeting of Thursday, July 9, 2020. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, Clerk of the Board Shannon J. Mil r 31001 Lahsar Road Deputy -Secretary /Clerk of the Board Beverly Hills, MI 48025 Ism 248-646-2000 Enclosure FAX cc: Finance Department 248-646-1349 Engineering Department Programming Division Lynn Sonkiss, Oakland County www.rcoeweb.org Dear Ms. Hawkins: Dennis G. Kolar, P.E. Managing Director A fully signed and executed agreement for the above-mentioned Gary Piotrowicz, P.E., P.r.o.E. project is enclosed. Deputy Managing Director 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, July 9, 2020. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, Clerk of the Board Shannon J. Mil r 31001 Lahsar Road Deputy -Secretary /Clerk of the Board Beverly Hills, MI 48025 Ism 248-646-2000 Enclosure FAX cc: Finance Department 248-646-1349 Engineering Department Programming Division Lynn Sonkiss, Oakland County www.rcoeweb.org COST PARTICIPATION AGREEMENT CONSTRUCTION 12 Mile Road Telegraph Road to Lahser Road City of Southfield Board Project No. 55121 This Agreement, made and entered into this 0 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 Southfield, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD and the COMMUNITY have programmed the resurfacing of 12 Mile Road from Telegraph Road to Lahser 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 $1,634,486; and WHEREAS, said PROJECT involves certain designated and approved Tri -Party Program funding in the amount of $605,530, 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: 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 total payments to the contractor. Any costs incurred by the BOARD prior to this agreement date shall be allowable. 3. The estimated total PROJECT cost of $1,634,486 shall be funded and invoiced simultaneously and proportionately as follows: a. The BOARD shall contribute $817,243 or one-half of the estimated PROJECT cost. b. The COMMUNITY shall contribute $817,243 or one half of the estimated PROJECT cost and has elected to use $605,530 in Tri -Party Program funds along with an additional contribution of $211,713 to fund their share. The $605,530 in Tri -Party Program funds includes $302,765 from the FY2021 Tri -Party Program which is an estimate of the COMMUNITY'S allocation. If these funds are not available, the COMMUNITY will be responsible for the $302,765 share. c. Any PROJECT overages shall be shared equally between the BOARD and the COMMUNITY. 4. Upon execution of this agreement, the BOARD shall submit an invoice to the COMMUNITY in the amount of $312,635 (being 100% of the COMMUNITY'S FY2020 Tri -Party contribution and 100% of the COMMUNITY'S 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 $100,922 (being 100% of the COUNTY'S FY2020 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 12 Mile Road -2- City 2- Cily of Southfield Project No. 55121 5/7/2020 6. After February 1, 2021, the BOARD shall submit an invoice to the COMMUNITY in the amount of $100,922 (being 100% of the COMMUNITY'S FY2021 Tri -Party contribution). 7. After February 1, 2021, the BOARD shall submit an invoice to the COUNTY in the amount of $100,922 (being 100% of the COUNTY'S FY2021 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 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 - Cdy of Southfield Protect No 55121 5/7/2020 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 Corporates [� By !/!/�/n-CA .rCJ Its Managing Director CITY OF SOUTHFIELD B Y Its rno`L-i a r 12 Mile Road -4- City 4- Cily of SOUlhfielcl Project No. 55121 5/712020 EXHIBIT A TRI -PARTY PROGRAM 12 Mile Road Telegraph Road to Lahser Road City of Southfield Board Project No. 55121 Resurfacing of 12 Mile Road from Telegraph Road to Lahser Road. ESTIMATED PROJECT COST Contractor Payments $1,634,486 COST PARTICIPATION BREAKDOWN 12 Mile Road - 5 - City of Southfield Project No. 55121 5/7/2020 COMMUNITY COUNTY BOARD TOTAL IFY2020 Tri -Party Program $100,922 $100,922 $100,921 $302,765 IFY2021 Tri -Party Program* $100,922 $100,922 $100,921 $302,765 (Contribution $211,713 $0 $817,243 $1,028,956 ITOTAL SHARES $413,557 $201,844 $1,019,085 $1,634,486 The FY2021 Tri -Party Program allocation will be announce( early in 2021. This is an estimate of that amount. 12 Mile Road - 5 - City of Southfield Project No. 55121 5/7/2020 CITY OF SOUTHFIELD RESOLUTION OF SUPPORT WHEREAS, the Road Commission for Oakland County (RCOC) has presented contract documents for the resurfacing of 12 Mile Road from Telegraph Road to Lahser Road (Board Project No. 55121); and WHEREAS, the estimated total project cost is $1,634,486, with the Board of Road Commissioners for the County of Oakland estimated cost share being $1,019,085, the Oakland County Board of Commissioners estimated cost share being $201,844 and the City of Southfield's estimated cost share being $413,557, which amount is available in the Road Bond Construction Fund (Account No. 402-454-4541-49740); and 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 FY 2020 Tri -Party contribution and 100% of the City's additional contribution, or $312,635; and WHEREAS, after February 1, 2021, upon receipt of invoice by the RCOC, payment shall be made to the RCOC for 100% of the City's FY 2021 Tri -Party contribution in an approximate amount of $100,922. NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Southfield does hereby approve of the project and 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, Sherikia L. Hawkins, 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, June 8, 2020, via teleconference. Dated: June 9. 2020 S°iiertkia L. Hawkins, City Clerk Resolution #20266 July 23, 2020 The Chairperson referred the resolution to the Finance and Infrastructure Committee. There were no objections. Resolution #20266 August 6, 2020 Moved by Luebs seconded by Long the resolutions on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPROVE 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 August 6, 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 6th day of August, 2020. Lisa Brown, Oakland count