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
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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_
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Managing Director
Jun 3 2021 1:04 PM
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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