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HomeMy WebLinkAboutResolutions - 2023.05.11 - 38190 AGENDA ITEM: Fiscal Year 2023 Appropriation with the Village of Beverly Hills for Tri-Party Road Improvement Program – Project No. 56031 DEPARTMENT: Board of Commissioners MEETING: Board of Commissioners DATE: Thursday, May 11, 2023 6:00 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2023-2854 _ 23-74 Motion to adopt the attached suggested resolution. ITEM CATEGORY SPONSORED BY Road Improvement Charles Cavell, Janet Jackson INTRODUCTION AND BACKGROUND BUDGET AMENDMENT REQUIRED: Yes Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional information. CONTACT ITEM REVIEW TRACKING Yolanda Smith Charles, Board of Commissioners Created/Initiated - 5/11/2023 David Woodward, Board of Commissioners Approved - 5/11/2023 Hilarie Chambers, Executive's Office Approved - 5/16/2023 Lisa Brown, Clerk/Register of Deeds Final Approval - 5/16/2023 AGENDA DEADLINE: 05/11/2023 6:00 PM ATTACHMENTS 1. 56031 Schedule A-Budget Amendment_Beverly Hills 2. 56031 Tri-Party_Beverly Hills COMMITTEE TRACKING 2023-05-03 Economic Development & Infrastructure - Recommend to Board 2023-05-11 Full Board - Adopted Motioned by: Commissioner Angela Powell Seconded by: Commissioner Robert Hoffman Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Janet Jackson, Gary McGillivray, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman (18) No: None (0) Abstain: None (0) Absent: Marcia Gershenson (1) Passed May 11, 2023 RESOLUTION #2023-2854 _ 23-74 Sponsored By: Charles Cavell, Janet Jackson Board of Commissioners - Fiscal Year 2023 Appropriation with the Village of Beverly Hills for Tri-Party Road Improvement Program – Project No. 56031 Chair 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, 2022, the Oakland County Board of Commissioners approved Miscellaneous Resolution #22332 which appropriated $2,000,000 for the FY 2023 Tri-Party Road Improvement Program allocation for projects managed by the RCOC; and WHEREAS the Village of Beverly Hills, 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 2024-2026 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 Village of Beverly Hills and authorizes the transfer of Tri-Party Road Improvement Program funds in the amount of $72,525 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 Village of Beverly Hills. BE IT FURTHER RESOLVED that the FY 2023 budget shall be amended as described in the attached Schedule A – Budget Amendment. Chair, the following Commissioners are sponsoring the foregoing Resolution: Charles Cavell, Janet Jackson. Date: May 11, 2023 David Woodward, Commissioner Date: May 16, 2023 Hilarie Chambers, Deputy County Executive II Date: May 16, 2023 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2023-05-03 Economic Development & Infrastructure - Recommend to Board 2023-05-11 Full Board - Adopted Motioned by Commissioner Angela Powell seconded by Commissioner Robert Hoffman to adopt the attached Road Improvement : Fiscal Year 2023 Appropriation with the Village of Beverly Hills for Tri- Party Road Improvement Program – Project No. 56031. Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Janet Jackson, Gary McGillivray, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman (18) No: None (0) Abstain: None (0) Absent: Marcia Gershenson (1) Passed ATTACHMENTS 1. 56031 Schedule A-Budget Amendment_Beverly Hills 2. 56031 Tri-Party_Beverly Hills 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 May 11, 2023, 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 Thursday, May 11, 2023. Lisa Brown, Oakland County Clerk / Register of Deeds Oakland County, Michigan Board of Commissioners - Fiscal Year 2023 Appropriation with the Village of Beverly Hills for Tri-Party Road Improvement Program – Project No. 56031 Schedule "A" DETAIL R/E Fund Name Division Name Fund # (FND) Cost Center (CCN) # Account # (RC/SC) Program # (PRG) Grant ID (GRN) # Project ID # (PROJ) Region (REG) Budget Fund Affiliate (BFA) Ledger Account Summary Account Title FY 2023 Amendment FY 2024 Amendment FY 2025 Amendment E General Fund Non-Department FND10100 CCN9010101 PRG153010 SC740135 740000 Road Commission Tri-Party $72,525.00 $-$- E General Fund Non-Department FND10100 CCN9090101 PRG196030 SC740135 740000 Road Commission Tri-Party (72,525.00)-- Total Expenditures $-$-$- Quality Life through Good Roads “We Care” Inter–Departmental Memorandum Programming Division DATE:March 22, 2023 TO:Samuel Fitzer, P.E., Director of Engineering FROM:Thomas G. Noechel, Programming Supervisor SUBJECT:PROJECT NO. 56031, GREENFIELD ROAD AT NORMANDY ROAD LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM VILLAGE OF BEVERLY HILLS Attached for your review and submission to the Board for their approval is the local cost participation agreement with the Village of Beverly Hills for the construction of a roundabout on Greenfield Road at Normandy Road. Construction on this project is expected to begin this summer. The estimated total cost is $1,647,786 and will be shared between the Board, the City of Royal Oak, and the Village of Beverly Hills under separate local agreements. The Village of Beverly Hills has elected to use the Tri-Party Program in the amount of $217,576 along with a contribution of $194,370 to fund their share. Our total estimated share is $1,033,736 and is in the FY23 budget. The project is in the districts of County Commissioners Charles Cavell 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. TGN/ll Attachments Department Review / Approval MDO Review / Concur % Gary Piotrowicz Digitally signed by Gary Piotrowicz Date: 2023.03.30 14:26:28 -04'00' COST PARTICIPATION AGREEMENT CONSTRUCTION Greenfield Road At Normandy Road Village of Beverly Hills Board Project No. 56031 This Agreement, made and entered into this _____ day of _________________, 2023, by and between the Board of County Road Commissioners of the County of Oakland, Michigan, hereinafter referred to as the BOARD, and the Village of Beverly Hills, hereinafter referred to as BEVERLY HILLS, provides as follows: WHEREAS, the BOARD, BEVERLY HILLS, and the City of Royal Oak, hereinafter referred to as ROYAL OAK, have programmed the construction of a roundabout on Greenfield Road at Normandy 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 BEVERLY HILLS and ROYAL OAK, which improvements are hereinafter referred to as the PROJECT; and WHEREAS, the estimated total cost of the PROJECT is $1,647,786; and WHEREAS, BEVERLY HILLS share of said LOCAL SHARE involves certain designated and approved Tri-Party Program funding in the amount of $217,576, which shall be paid through equal contributions by the BOARD, BEVERLY HILLS, 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 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 BEVERLY HILLS and the BOARD that: 6th April Greenfield Road - 2 - Village of Beverly Hills Project No. 56031 2/24/2023 1.BEVERLY HILLS and ROYAL OAK approve of the PROJECT, declare 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 is $1,647,786 and shall be allocated in the following order: a. ROYAL OAK Tri-Party Program of $411,946 and BEVERLY HILLS Tri- Party Program of $217,576. ROYAL OAK Tri-Party Program funds of $411,946 includes $203,119 through fiscal year 2023, $72,886 through fiscal years 2024 – 2025 and $63,055 from fiscal year 2026. If these funds are not available, ROYAL OAK will be responsible for the $208,827 share. BEVERLY HILLS Tri-Party Program funds of $217,576 includes $147,988 through fiscal year 2023 and $23,196 through fiscal years 2024 – 2026. If these funds are not available, BEVERLY HILLS will be responsible for the $69,588 share. b. BEVERLY HILLS will contribute $194,370 towards the PROJECT. c. The BOARD will contribute $823,894 towards the PROJECT. d. Any PROJECT costs above ROYAL OAK Tri-Party Program funding of $411,946 and BEVERLY HILLS Tri-Party Program funding and contribution of $411,946 will be funded 100% by the BOARD. 4. Upon execution of this agreement, the BOARD shall submit an invoice to BEVERLY HILLS in the amount of $243,699 (being 100% of BEVERLY HILLS Tri-Party Program contribution of $49,329 through fiscal year 2023 and 100% contribution of $194,370). Greenfield Road - 3 - Village of Beverly Hills Project No. 56031 2/24/2023 5.Upon execution of this agreement and approval by the COUNTY, the BOARD shall submit an invoice to the COUNTY in the amount of $49,329 (being 100% of the COUNTY’S Tri-Party contribution through fiscal year 2023). a. The invoice shall be sent to: Sheryl Johnson, Manager of Fiscal Services Executive Office Building 2100 Pontiac Lake Road, Building 41 West Waterford, MI 48328 6. After February 1, 2024, the BOARD shall submit two invoices to the following: a. The first invoice shall be payable by BEVERLY HILLS in the amount of $7,732 (being 100% of BEVERLY HILLS Tri-Party Program contribution through fiscal year 2024). b. The second invoice shall be payable by the COUNTY in the amount of $7,732 (being 100% of BEVERLY HILLS Tri-Party Program contribution through fiscal year 2024). i. The invoice shall be sent to: Sheryl Johnson, Manager of Fiscal Services Executive Office Building 2100 Pontiac Lake Road, Building 41 West Waterford, MI 48328 7. After February 1, 2025, the BOARD shall submit two invoices to the following: a. The first invoice shall be payable by BEVERLY HILLS in the amount of $7,732 (being 100% of BEVERLY HILLS Tri-Party Program contribution through fiscal year 2025). Greenfield Road - 4 - Village of Beverly Hills Project No. 56031 2/24/2023 b.The second invoice shall be payable by the COUNTY in the amount of $7,732 (being 100% of the COUNTY’S Tri-Party Program contribution through fiscal year 2025). i. The invoice shall be sent to: Sheryl Johnson, Manager of Fiscal Services Executive Office Building 2100 Pontiac Lake Road, Building 41 West Waterford, MI 48328 8. After February 1, 2026, the BOARD shall submit two invoices to the following: a. The first invoice shall be payable by BEVERLY HILLS in the amount of $7,732(being 100% of BEVERLY HILLS Tri-Party Program contribution through fiscal year 2026). b. The second invoice shall be payable by the COUNTY in the amount of $7,732 (being 100% of the COUNTY’S Tri-Party Program contribution through fiscal year 2026). i. The invoice shall be sent to: Sheryl Johnson, Manager of Fiscal Services Executive Office Building 2100 Pontiac Lake Road, Building 41 West Waterford, MI 48328 9. Upon receipt of said invoice(s), BEVERLY HILLS and the COUNTY shall pay to the BOARD the full amount thereof, within thirty (30) days of such receipt. 10. The BOARD shall execute a separate Cost Participation Agreement with ROYAL OAK, for their share of the estimated PROJECT cost. Managing Director Greenfield Road - 6 - Village of Beverly Hills Project No. 56031 2/24/2023 Contractor Payments:1,647,786$ ROYAL OAK BEVERLY HILLS COUNTY BOARD TOTAL $137,315 $0 $137,315 $137,316 $411,946 TRI-PARTY PROGRAM $0 $72,525 $72,525 $72,526 $217,576 $0 $194,370 $0 $823,894 $1,018,264 $137,315 $266,895 $209,840 $1,033,736 $1,647,786 At Normandy Road Village of Beverly Hills Board Project No. 56031 Construction of a roundabout on Greenfield Road at Normandy Road. TOTAL SHARES Contribution EXHIBIT A COST PARTICIPATION BREAKDOWN ESTIMATED PROJECT COST TRI-PARTY PROGRAM T R I - P A R T Y P R O G R A M Greenfield Road