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HomeMy WebLinkAboutResolutions - 2010.08.19 - 10019Chairperson, we move the adoption of Thomas F. Middleton, District 4 Miscellaneous Resolution #10193 BY: Commissioners Thomas F. Middleton, District 4; John A. Scott, District 5; Jim Runestad, District 6 RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION - CHARTER TOWNSHIP OF WATERFORD OVERLAY PROGRAM PROJECT NO. 50521 TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the discretionary Tr-Party Road Improvement Program to assist Oakland County's cities, villages and townships (CVTs) with the construction, maintenance and repair of roads located within the boundaries of an Oakland County CVT and under the supervision, direction and control of the Road Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221 established the revised Tr-Party Road Improvement Program - Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #I0045, provides that any discretionary Oakland County appropriation in support of the Tr-Party Road Improvement Program shall be distributed only from the designated General Fund Tr-Party Program fund balance and may be made only after completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and an individual city, village, or township (CVT) have identified a specific project and said project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a specific project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a written contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits to the Board of Commissioners Finance Committee a resolution authorizing the appropriation of the County's 1/3 share of the project from the General Fund Designated Fund Balance for Tr-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds may be released from the Tr-Party Program designation account; and WHEREAS the Charter Township of Waterford, along with the Road Commissioner for Oakland County has identified a specific project and said project is ready to be undertaken immediately; and WHEREAS the Road Commission for Oakland County has appropriated its one-third (1/3) share of the funding for the identified project in the Charter Township of Waterford and said appropriation has been transferred to a specific project account; and WHEREAS the Charter Township of Waterford has demonstrated that it has authorized its one-third (1/3) share of the funding for the specified project and nas executed a written contract for payment with the Road Commission for Oakland County; and WHEREAS Oakland County's one-third (1/5) share of the Fiscal Year 2010 authorized amount of Tr-Party Road Improvement funding for the Charter Township of Waterford is $ 131,448. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Waterford as eligible for appropriation and authorizes the release of the specified Tr-Party Road Improvement Program funds from the Oakland County General Fund Designated Fund Balance. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the Charter Township of Waterford. Board of Road Commissioners Gregory C. Jamian Commissioner Richard G. Skarritt Commissioner Eric S. Wilson Commissioner Brent 0. Bair Managing Director Dennis G. Kolar, RE. Deputy Managing Director County Highway Engineer 31 /sm Enclosure 31001 Lahser Road Beverly Hills, MI 48025 /Co 70 4 =ROAD COMMISSION for OAKLAND COUNTY QUALITY UFE WROUGH GOOD ROADS ROAD COMMISSION FOR OAKLAND COUNTY WE CARE" July 29, 2010 Ms. Betty Fortino, Clerk Charter Township of Waterford 5200 Civic Center Drive Waterford, MI 48329-3773 Re: PROJECT NO. 50521 WATERFORD TOWNSHIP 2010 OVERLAY PROGRAM LOCAL COST PARTICIPATION Dear Ms. Fortino: A fully signed and executed agreement for the above mentioned project is enclosed. The agreement was approved at the regularly scheduled Board meeting of Thursday, July 29, 2010 and subsequently executed by Brent 0. Bair, Managing Director. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, on SColT R ecrCed ai Lk-o/tzeiixi, Patricia ZANierzbicki Deputy-Secretary /Clerk of the Board 248-645-2000 FAX 248-645-1349 TDD 248-645-9923 www.rcocweb.org cc: Dennis Lockhart Thomas G. Noechel Tim Soave COST PARTICIPATION AGREEMENT CONSTRUCTION 2010 Waterford Township Overlay Program Charter Township of Waterford BOARD Project Number 50521 This Agreement, made and entered into this zct-A day of -.10 _ , 2010, by and between the Board of Road Commissioners for the County of' Oakland, Michigan, hereinafter referred to as the BOARD, and the Charter Township of Waterford, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD and the COMMUNITY have programmed the milling and asphalt overlay on Hatchery Road from Crescent Lake to Frembes Road, Airport Road from M-59 to Hatchery Road and Pontiac Lake Road from Hospital Road to Airway 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 $394,343; and WHEREAS, the said PROJECT involves designated and approved funding in accordance with the 1,1-Party Program in the amount of $394,343 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. 3. The COMMUNITY'S share of the PROJECT cost is $131,448 and shall be funded in accordance with the following: a. Tri-Party Program funding is not to exceed $394,343. b. All PROJECT costs above the Tri-Party Program funding of $394.343 will be the responsibility of the COMMUNITY. 4. Upon execution of this Agreement, the BOARD shall submit an invoice to the COMMUNITY for $65,724 (being 50% of the COMMUNITY'S Tr-Party contribution). 5. After execution of this agreement the BOARD shall submit an invoice to the COUNTY for $65,724 (being 50% of the COUNTY'S Tr-Party contribution) on August 12, 2010. 31 1 L1 41 - ' a. The invoice shall be sent to: Mr. Tim Soave, Manager of Fiscal Services Executive Office Building 2100 Pontiac Lake Road, Building 41 West Waterford, MI 48328 6. As costs of the PROJECT are incurred, the BOARD shall invoice the COMMUNITY for the remaining 50% of the COMMUNITY'S Tr-Party contribution, not to exceed $65,724. 7. As costs of the PROJECT are incurred, the BOARD shall invoice the COUNTY for the remaining 50% of the COUNTY'S Tri-Party contribution not to exceed $65,724. 8. Upon receipt of said invoice, the COMMUNITY and the COUNTY shall pay to the BOARD the full amount thereof, within thirty (30) days of such receipt. 6/17/10 #50521.VVtfciTwp Overlay 2 2. The PROJECT shall include total payments to the contractor. 3. The COMMUNITY'S share of the PROJECT cost is $131,448 and shall be funded in accordance with the following: a. Tri-Party Program funding is not to exceed $394,343. b. All PROJECT costs above the Tri-Party Program funding of $394.343 will be the responsibility of the COMMUNITY. 4. Upon execution of this Agreement, the BOARD shall submit an invoice to the COMMUNITY for $65,724 (being 50% of the COMMUNITY'S Tr-Party contribution). 5. After execution of this agreement the BOARD shall submit an invoice to the COUNTY for $65,724 (being 50% of the COUNTY'S Tri-Party contribution) on August 121 2010. 131 , (-11-1 - t 0- 1ft. a. The invoice shall be sent to: Mr. Tim Soave, Manager of Fiscal Services Executive Office Building 2100 Pontiac Lake Road, Building 41 West Waterford, MI 48328 6. As costs of the PROJECT are incurred, the BOARD shall invoice the COMMUNITY for the remaining 50% of the COMMUNITY'S Tr-Party contribution, not to exceed $65,724. 7. As costs of the PROJECT are incurred, the BOARD shall invoice the COUNTY for the remaining 50% of the COUNTY'S Tri-Party contribution not to exceed $65,724. 8. Upon receipt of said invoice, the COMMUNITY and the COUNTY shall pay to the BOARD the full amount thereof, within thirty (30) days of such receipt. 6117/10 #50521.1Ntfcriwp Overlay 2 COST PARTICIPATION AGREEMENT CONSTRUCTION 2010 Waterford Township Overlay Program Charter Township of Waterford BOARD Project Number 50521 This Agreement, made and entered into this 2444. day of ..1() , 2010, by and between the Board of Road Commissioners for the County of' Oakland, Michigan, hereinafter referred to as the BOARD, and the Charter Township of Waterford, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD and the COMMUNITY have programmed the milling and asphalt overlay on Hatchery Road from Crescent Lake to Frembes Road, Airport Road from M-59 to Hatchery Road and Pontiac Lake Road from Hospital Road to Airway 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 $394,343; and WHEREAS, the said PROJECT involves designated and approved funding in accordance with the Tri-Party Program in the amount of $394,343 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and date first written above. BOARD OF ROAD COMMISSIONERS FOR THE COUNTY OF OAKLAND A Public Body Corporate Charter Township of Waterford By W e A w Li/. Sat Its reatA) .5 h‘/P 5c/~i/4/ Off 6117/10 #50521.Wtkirwp Overlay 3 Contractor Payments $394,343 EXHIBIT A TRI-PARTY PROGRAM 2010 County Supported Road Improvements Waterford Township Overlay Program Hatchery Road, Airport Road and Pontiac Lake Road Charter Township of Waterford BOARD Project No. 50521 The milling and asphalt overlay on Hatchery Road from Crescent Lake Road to Frembes Road, Airport Road from M-59 to Hatchery Road and Pontiac Lake Road from Hospital Road to Airway Road. ESTIMATED PROJECT COST COST PARTICIPATION BREAKDOWN COMMUNITY -- COUNTY ' BOARD ' TOTAL FY08 Tri-Party Program $ 83,808 $ 83,808 $ 83,807 $ 251,423 _ FY09 Tri-Party Program _ 47,640 47,640 47,640 $ 142,920 TOTAL SHARES $131,448 $131,448 $131,447 $ 394,343 6/17/10 #50521 .Wtfdrwp Overlay 4 Contractor Payments $394,343 EXHIBIT A TRI-PARTY PROGRAM 2010 County Supported Road Improvements Waterford Township Overlay Program Hatchery Road, Airport Road and Pontiac Lake Road Charter Township of Waterford BOARD Project No. 50521 The milling and asphalt overlay on Hatchery Road from Crescent Lake Road to Frembes Road, Airport Road from M-59 to Hatchery Road and Pontiac Lake Road from Hospital Road to Airway Road. ESTIMATED PROJECT COST COST PARTICIPATION BREAKDOWN COMMUNITY COUNTY BOARD TOTAL FY08 Tri-Party Program $ 83,808 $ 83,808 $ 83,807 $ 251,423 FY09 Tr-Party Program 47,640 47,640 47,640 $ 142,920 TOTAL SHARES $131,448 $131,448 $131,447 $ 394,343 , 6/17/10 #50521.WtfcMvp Overlay 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and date first written above. BOARD OF ROAD COMMISSIONERS FOR THE COUNTY OF OAKLAND A Public Body Corporate Managing Director Charter Township of Waterford By a/RI cfr4-6 ,4 eAwi. tv• isa1,9E-,v Its ilaterv,Shi/P 5 tifie:eer,r 0)e 6/17/10 050521 .WtfdTwp Overlay 3 Resolution #10193 August 4, 2010 The Chairperson referred the resolution to the Finance Committee. There were no objections. i FISCAL NOTE (MR #10193) August 19, 2010 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: BOARD OF COMMISSIONERS — TM-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION — CHARTER TOWNSHIP OF WATERFORD OVERLAY PROGRAM PROJECT NO. 50521 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule Xll-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Unused Tr-Party funding of $3,928,942 accumulated from Oakland County appropriations from FY 2009 and prior was returned from RCOC and is designated in the County General Fund (account #371509). 2. Funding of $131,448 is available in the General Fund Designated Fund Balance for Tri Party 2009 and prior funding (account #371509) for project 50521 milling and asphalt overlay for various roads. 3. The FY 2010 budget be amended as follows: General Fund # 10100 Revenue FY 2010 10100 9010101-196030-665882 Planned Use of Fund Balance $131,448 Total Revenues $131,448 Expenditures 10100-9010101-153010-740135 Tri Party $131,448 Total Expenditures $131,448 FINANCE COMMITTEE 424- FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Long and Greimel absent. Resolution #10193 August 19, 2010 Moved by Gosselin supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Bullard, Burns, Capella. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). ,I1=•• I HEREBY APPROVE, THE FORMING RESOLUTION 2-11/ STATE OF MICHIGAN) COUNTY OF OAKLAND) Ruth Johnson, 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 19, 2010, 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 County of Oakland at Pontiac, Michigan this 19th day of August, 2010. eat Ruth Johnson, County Clerk