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HomeMy WebLinkAboutResolutions - 2010.07.22 - 10126Resolution 410171 BY: Commissioners Janet Jackson, District 21; Helaine Zack, District 22; Eric Coleman, District 23 RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FTSCAI YEAR 2010 APPROPRIATION - CITY OF SOUTHFIELD PROJECT NO. 49801 TO: Oakland County Board ot Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Dcart of Commissionezs has authorited the discretionary Tri-?arty Road Improvement Program to assist Oakianc County's cities, viilages and townships (CVTs) with the construiction, 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 Reso:ution 409221 established the revtsed Tri -Party Road Fmprovement Program - Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution 409221, as amended by Miscellaneous RocolutIon 4110045, provides that any discretionary Oakland County appropriation in support of tne T:i-Yarty Road Improvement Program shall be distributed o:-.1y from thp designated General Fund Tr-Party Program fund balance and may be made only after completion of all cf 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 it's 1/3 share of the fundino for the broct and transferred said appropriation to a spe-"".- project acocunt; and 3. :he CVT has authorized its 1/3 share cf the funding for tte project and nue executed a written contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project s:_:.b.:11.its to the Board of ,Commissieners Finance Committee a resolution a=horizing the appropriation of the County's 1/3 share of the project from the General Funt DesignalLed Fund Balance for Tri-Party Program. The resolution she:: be approved by the Finance Committee and the full Board before any tunas may be released from_ the Tri-2arty Program designation account; and WHEREAS toe City of Southfield, 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 oar appropriated its one-third ri/3 share of the funding for the identified project in the City of Southfield and said appropriation has been transferred to a specific project account; and WHEREAS the City of Southfield has demonstrated that it has authorized its one- third :../3; share of the funding for the spe --,4 project and oar executed a written contract for payment with the Road !Co=issich for Oakland County; Lind WHEREAS Oakland County's one-third (1/3) share of the Fiscal Year 2010 authorized amount of Tri-Party Road Tmprovement funding for the City of Southfielo is :=,48,7tY7. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the :"Oity of Southfield is eligible for appropriation and authorizes the release of the specified Cal-Party Road improvement Program funds from the Oakland County General. Fund Desit -nated Fund Daiance, BE IT FURTHER RESOLVED that the Oakland County Clerk is reques:ed to forward copies of this adopted resolution to the Road CD1MiS5iCL Oakland Cohty, Caklaoc County Fiscal Services and the City of Southfield. f the foregoing Resolacion. ;) Helaine Zack---ti.strict 22 Eric Coicmah, DIstrict 23 Resolution #10171 The Chairperson referred the resolution to the Finance Committee. There were no objections. July 7, 2010 Re: 12 MILE ROAD EVERGREEN ROAD TO SOUTHFIELD ROAD PROJECT NO 49801 Dear Ms. Banks: A fully signed and executed agreement for the above mentioned project is enclosed. The agreement was approved and subsequently signed by Brent 0. Bair, Managing Director at the regularly scheduled Board meeting of Thursday, June 24, 2010. 2 c,/a/o4,07 Isg Enclosure a. June 24, 2010 =WAD COMMISSION for OAKLAND COUNTY GUALF`v L THFICAKIH &ZOE! RC ADS ROAR COMM155.014I GAKIAND :XXV WE CARE" Ms. Nancy L.M. Banks, Clerk City of Southfield P.O. Box 2055 Southfield, Michigan 48037 Board of Road Commissioners Gregory C. Jarnian Commissioner Richard G. Skarritt Commissioner Eric S. Wilson Commissioner Brent 0. Bair .Mariagng Director Dennis G. Kolar, RE. Deputy Managing Director County 1-lighway Engineer Please contact Thomas G. Noechel Programming Supervisor at (248) (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, Patricia Z.Wierzbicki Deputy-Secretary/Clerk of the Board so,)14, e let 31001 Lahser Road Beverly Hills, MI 48025 248-645-2000 FAX 248-645-1349 TDD 248-645-9923 www.reocweborg cc: Dennis Lockhart Thomas Noechel Tim Soave, Oakland County COST PARTICIPATION AGREEMENT CONSTRUCTION 12 Mile Road Evergreen Road to Southfield Road City of Southfield BOARD Project Number 49801 This Agreement, made and entered into this 244-k day of ,AVt4c.-- 2010, by and between the Board of Road Commissioners for 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 concrete resurfacing of 12 Mile Road from Evergreen Road to Southfield 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 $1,461,311; and WHEREAS, the BOARD has entered into Contract Number 09-5801 with MDOT for partial funding of the PROJECT with federal program dollars under the Federal American Recovery and Reinvestment Act of 2009 in the amount of $1,031,000, 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 MATCH; and WHEREAS, said LOCAL MATCH involves certain designated and approved Tri-Party Program Funds, in the amount of $146,121 which shall be comprised of equal contributions by the BOARD, the COMMUNITY, and the Oakland County Board of Commissioners, hereinafter referred to as the COUNTY, in accordance with the Tr-Party Program as detailed in Exhibit A; and WHEREAS, the parties hereto have reached a mutual understanding regarding the cost sharing for the LOCAL MATCH 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 BOARD has entered into Contract 09-5801 with MDOT for partial funding of the PROJECT with federal funds, estimated in the amount of $1,031,000. 4. The BOARD shall contribute $284,190 to the cost of the LOCAL MATCH. 5. The COMMUNITY'S share of the LOCAL MATCH shall be funded in accordance with the following: a. Tri-Party Program funding is not to exceed $146,121. b. Any LOCAL MATCH costs above the Tri-Party Program funding of $146,121 will be the responsibility of the BOARD. 6. Upon execution of this Agreement, the BOARD shall submit an invoice to the COMMUNITY for $24,353.50 (being 50% of the COMMUNITY'S Tr-Party contribution). Upon execution of this agreement the BOARD shall submit an invoice to the COUNTY for $24,353.50 (being 50% of the COUNTY'S Tr-Party contribution). (/E/ 'c>'7)-i 0 , .>6, 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 5.14.10 #49801.12MVCitySouthfieicVConst 8. 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 $24,353.50. 9. 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 $24,353.50. 10_ 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. 5.14.10 ii49001.12MVCItySo1hfie4'Const By Its 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 City of Southfield 5.14.10 #49501.12MLICitySouthfield(Const Contractor Payments Less Federal Funding (capped) LOCAL MATCH $1,461,311 (1,031.000) $ 43Q,411 EXHIBIT A TRI-PARTYPROGRAM 2010 County Supported Road Improvements 12 Mile Road Evergreen Road to Southfield Road City of Southfield BOARD Project No. 49801 The concrete resurfacing of 12 Mile Road from Evergreen Road to Southfield Road. ESTIMATED PROJECT COST COST PARTICIPATION BREAKDOWN _ COMMUNITY , COUNTY BOARD TOTAL FY 2010 Tri-Party Proaram $ 48,707, $ 48,707 $ 48,707 $146,121 RCOC Contribution 0 0 284,190 $284,190 TOTAL SHARES $ 48,707 $ 48,707 $332,897 $430,311 5.14.10 #49501.1 AlliCkySouthnekliConst , Resolution #10171 July 7, 2010 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MR #10171) July 22, 2010 BY . FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION — CITY OF SOUTHFIELD PROJECT NO. 49801 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. On December 9, 2009, the Board of Commissioners approved Miscellaneous Resolution #09290 which designated $1,000,000 in fund balance for the 2010 Tr-Party program for projects managed by the Road Commission for Oakland County (RCOC). 2 Funding of $48,707 is available in the General Fund Designated Fund Balance for Tri Party 2010 and prior funding (account #371510) for project 49801, concrete resurfacing of 12 Mile Road from Evergreen Road to Southfield Road. 3. The FY 2010 budget be amended as follows: General Fund # 10100 Revenue FY 2010 10100 9010101-196030-665882 Planned Use of Fund Balance $48,707 Total Revenues $48,707 Expenditures 10100-9010101-153010-740135 Tri Party Total Expenditures $48,707 $48,707 FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Greimel and Long absent. RESOLUTION Pu• I IRBY WO Resolution #10171 July 221 2010 Moved by Gosselin supported by Nash the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). Discussion followed. AYES: Burns, Coulter, Douglas, Gershenson, Gingelf, Gosselin, Greimel, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Scott, Taub, Zack. Bullard. (19) NAYS: None. (0) ABSTAIN: Schwartz. (1) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). STATE OF MICHIGAN) COUNTY OF OAKLAND) I. 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 July 22. 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 22nd day of July. 2010. eat Ruth Johnson. County Clerk