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HomeMy WebLinkAboutResolutions - 2021.11.10 - 34992MOAKLANDF CO U N T Y M I CHI GAN BOARD OF COMMISSIONERS November 10, 2021 MISCELLANEOUS RESOLUTION #21-448 Sponsored By: Yolanda Smith Charles, Janet Jackson IN RE: FY 2022 Appropriation with the City of Southfield for the Tri-Party Road Improvement Program - Project No. 55251 Chairperson and Members of the Board: 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 September 29, 2021, the Oakland County Board of Commissioners approved Miscellaneous Resolution #21378 which appropriated $2,000,000 for the FY 2022 Tri-Party Road Improvement Program allocation 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 project meets the terms and conditions of the Tri-Party Road Improvement Program and the local cost participation agreement; and WHEREAS in the event the FY 2023 Tri-Party Program Funds are not available, the City of Southfield 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 transfer of Tri-Party Road Improvement Program funds in the amount of $184,831 from Non -Departmental Transfers appropriation (9090101). 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 2022 budget will be amended as follows: GENERAL FUND 0101001 Exnenditures 9010101-153010-740135 Road Commission Tri-Party FY 2022 184 831 9090101-196030-740135 Road Commission Tri-Party $184 831 Total Expenditures Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Yolanda Smith Charles, Janet Jackson. Date: November 16, 2021 David Woodward, Commissioner AW'�yt ^"� au Date: November 16 2021 Hilarie Chambers, Deputy County Executive II P&V�' Date: November 16, 2021 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2021-11-03 Economic Development & Infrastructure - recommend to Board 2021-11-10 Full Board VOTE TRACKING Motioned by Commissioner Christine Long seconded by Commissioner Kristen Nelson to adopt the attached Resolution: FY 2022 Appropriation with the City of Southfield for the Tri-Party Road Improvement Program - Project No. 55251. Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Chuck Moss, Marcia Gershenson, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Robert Hoffman, Adam Kochenderfer (18) No: None (0) Abstain: None (0) Absent: (0) The Motion Passed, ATTACHMENTS 55251 Tri-Party - Southfield 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 November 10, 2021, 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 on Wednesday, November 10, 2021. Lisa Broivn, Oakland County Clerk / Register of Deeds Quality Life through Good Roads "We Care" Q 12 o6/a3/zt Inter -Departmental Memorandum Programming Division DATE: May 19, 2021 To: Samuel Fitzer, P.E., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor 77N SUBJECT: PROJECT NO. 55251, 12 MILE ROAD LAHSER ROAD TO EVERGREEN 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 reconstruction of 12 Mile Road from Lahser Road to Evergreen Road. Construction on this project is expected to begin this summer. The estimated total cost is $5,689,987 and will be partially funded with Federal Surface Transportation Program funds in the amount of $4,048,586. The remaining local match of $1,641,401 will be shared between the Board, the City of Southfield, and Oakland County. Our total estimated share is $869,324 and is in the FY21 budget. The project is in the districts of County Commissioners Yolanda S. Charles and 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 L Samuet Fitzer M.,752'02 May 25 201 1103 AM —J Department Review / Approval G. Piotrowicz MDO Review / Concurs COST PARTICIPATION AGREEMENT CONSTRUCTION 12 Mile Road Lahser Road to Evergreen Road City of Southfield Board Project No. 55251 This Agreement, made and entered into this 3rd day of tune , 2021, 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, in cooperation with the Michigan Department of Transportation, hereinafter referred to as MDOT, have programmed the reconstruction of 12 Mile Road from Lahser Road to Evergreen 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 $5,689,987; and WHEREAS, the BOARD will enter into a contract with MDOT for partial funding of the PROJECTwith federal program dollars under the Surface Transportation Program in the amount of $4,048,586; 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 $554,492, 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 the BOARD prior to this agreement date shall be allowable. 3. The estimated total LOCAL SHARE is $1,641,401 and shall be invoiced simultaneously and proportionately as follows: a. The COMMUNITY shall contribute the cost of the watermain, estimated in the amount of $402,416, Any watermain costs above $402,416, will be funded 100% by the COMMUNITY. b. The BOARD shall contribute the cost of the sprinklers, estimated in the amount of $30,000. Any sprinkler costs above $30,000, will be funded 100% by the BOARD. C. The BOARD shall contribute the cost of additional pavement and signals, estimated in the amount of $100,000. Any pavement and signal costs above $100,000, will be funded 100% by the BOARD. d. The remaining LOCAL SHARE of $1,108,985 for the road construction shall be shared equally between the COMMUNITY and the BOARD. Each share is estimated to be $654,492, The COMMUNITY shall use the Tri-Party Program to fund their share. This $554,492 includes $298,448 from the FY2022 Tri-Party Program and $256,044 from the FY2023 Tri-Party Program. If these funds are not 12 Mile Road - 2 - Cily of Southfield Project No 55251 4/30/2021 available, the COMMUNITY will be responsible for the $554,492 share. Any road construction LOCAL SHARE costs above $1,108,985, shall be funded 100% by the e. The COMMUNITY agrees to advance the FY2022 and FY2023 Tri-Party Program funds and will invoice the BOARD and the COUNTY in February of each year to reimburse the COMMUNITY for those shares. 4. Upon execution of this agreement, the BOARD shall submit an invoice to the COMMUNITY in the amount of $679,662 (being 100% of the COMMUNITY'S watermain contribution in the amount of $402,416 and 50% of the COMMUNITY'S total contribution for the road construction). 5. As costs of the PROJECT are incurred, the BOARD shall invoice the COMMUNITY for the remaining 50% of the COMMUNITY'S total contribution. 6. After February 1, 2022, the COMMUNITY shall submit two invoices to the BOARD: a. The first invoice shall be payable by the BOARD in the amount of $99,483 (being 100% of the BOARD's FY2022 Tri-Party contribution). b. The second invoice shall be payable by the COUNTY in the amount of $99,483 (being 100% of the COUNTY'S FY2022 Tri-Party contribution). c. The invoices shall be sent to: Road Commission for Oakland County Programming Division 31001 Lahser Road Beverly Hills, MI 48025 7. After February 1, 2023 the COMMUNITY shall submit two invoices to the BOARD: a. The first invoice shall be payable by the BOARD in the amount of $85,348 (being 100% of the BOARD's FY2023 Tri-Party contribution). b. The second invoice shall be payable by the COUNTY in the amount of $85,348 (being 100% of the COUNTY'S FY2023 Tri-Party contribution), 12 Mile Road - 3 - City of Southfield Project No. 55251 4/30/2021 The invoices shall be sent to: Road Commission for Oakland County Programming Division 31001 Lahser Road Beverly Hills, MI 48025 8. 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. 9. Upon receipt of said invoice(s), the COMMUNITY shall pay to the BOARD the full amount thereof, within thirty (30) days of such receipt. 12 Mile Road City of Southfield Project No, 55251 4/30/2021 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 Dennis G. Kolar By_ , /o Managing Director Jun 3 2021 1:04 PM Its COSI8n CITY OF SOUTHFIELD B„�� K-�d15or� S .S�v�r Its (no -kip° Aal �a y� W 5'tTz. 4a-L, 4awkhs 12 Mile Road ' S' City of Southfield Project No. 55251 4/30/2021 EXHIBIT A TRI-PARTY PROGRAM 12 Mile Road Lahser Road to Evergreen Road City of Southfield Board Project No. 55251 Reconstruction of 12 Mile Road from Lahser Road to Evergreen Road. ESTIMATED PROJECT COST Contractor Payments $5,689,987 Less Federal Funds $4,048,586 Total Estimated Local Share $1,641,401 COST PARTICIPATION BREAKDOWN COMMUNITY COUNTY BOARD TOTAL FY2022 Tri-Party Program* $99,482 $99,483 $99,483 $298,448 FY2023 Tri-Party Program* $85,348 $85,348 $85,348 $256,044 Contribution - Watermain $402,416 $0 $0 $402,416 Contribution - 112 local share $0 $0 $554,493 $554,493 Contribution - sprinklers, signals & additional pavement $0 $0 $130,000 $130,000 (TOTAL SHARES $587,246 $184,831 $869,324 $1,641,401 The FY2022 and FY2023 Tri-Party Programs will be announced early in each respective year, These are estimated of those amounts. 12 Mile Road - 6 - City of Southfield Protect No. 55251 4/30/2021 CITY OF SOUTHFIELD RESOLUTION OF SUPPORT Council Members Present: Banks, Brightwell, Crews, Hoskins, Mandelbaum and Taylor Motion by Brightwell; seconded by Crews AYES: Banks, Brightwell, Crews, Hoskins, Mandelbaum and Taylor NAYS: None ABSENT: Frasier Motion passed. WHEREAS, the Road Commission for Oakland County (RCOC) has presented contract documents for the reconstruction of 12 Mile Road from Lahser Road to Evergreen Road (RCOC Board Project No. 55251) including construction of 12" City water main from Ranchwood to Evergreen Road; and WHEREAS, the estimated cost of construction is $5,689,987, with $4,048,586 in federal program dollars from the Surface Transportation Program. The balance of $1,641,401 is comprised of the water main cost of $402,416 and the local share of the road construction of $1,238,985. The City is responsible for 100% of the water main cost. Funds are provided by the Road Bond Construction Fund Account No. 402-454-4541-49740; 52.4% - $554,492 and the Water & Sewer Bond Fund Account No. 592-750-7512-49740; 47.6% - $503,020, which includes 25% for inspection and contingency. This project utilizes Tri-Party Program funding from two fiscal years (FY22 & FY23) which will reimburse the City $369,662 over the two years. After all reimbursements, the Board of Road Commissioners for the County of Oakland cost share is estimated at $869,324, the Oakland County Board of Commissioners cost share will be $184,831, and the City's cost share is estimated at $687,850 ($184,830 for the road construction and $503,020 for the water main); and WHEREAS, upon execution of the Cost Participation Agreement and receipt of invoice from the RCOC, the City shall submit payment for 100% of the City's water main contribution, or $402,416 and 50% of the City's total road contribution, or $277,246. The remaining 50% of the road contribution will be invoiced by RCOC as project costs are incurred; and WHEREAS, after February 1, 2022, the City will invoice the RCOC and the Oakland County Board of Commissioners for their FY 2022 Tri-Party contribution, in the anticipated amount of $99,483 each. After February 1, 2023, the City will invoice the RCOC and the Oakland County Board of Commissioners for their FY 2023 Tri-Party contribution, in the anticipated amount of $85,348 each. 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 Cleric to sign the appropriate Cost Participation Agreement documents on behalf of the City after review and approval as to fornr 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, May 10, 2021, via Webex. Dated: Mav 13.2021 herlkia L. Hawkuis,`'City Clerk