HomeMy WebLinkAboutResolutions - 2010.07.22 - 10128Chairperson, we move tte
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Re
Resolution #10173 July 7, 2010
District
Miscellaneous Resolution 1i3173
BY: Commissioners Tim Greimel, District 11; Sue Ann ;Douglas, District IL;
Robert Gosselin, District 13
RE: BOARD OF COMMISSIONERS — TRI -PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR
2010 APPROPp.IATION - CITY OF ROCHESTER HILLS PROJECT NO.49471
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS since the 1570s, the Oakland County '3oard of Commissioners has au:no:fret
the dissretionary Tri-Party Road Improvement Program to assist Caklano County's
cities, villages and townships (CVs ) with the construction, maintenance and
repair of roads located within the boundaries of an Oakland County CVT and =de:
the supervision, direction and control of the Road C=mission for Oakland County;
and
WHEREAS Miscellaneous Resolution #35221 established the revised Tr-Party RC..1
Improvemen: Prodram - Funding and Proloct Approval Process; and
WHEREAS Miscellaneous Resolution 009221, as amended by Misoellancous Resolution
010045, 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 Tri-Party Program fund balance and may be mate only after
completion of all of the following:
1. Toe Road Commission for Oakland County R.000) and an individual city,
village, or township (CVT) have identified a specific project and said
proffect is ready to be undertaken immediately; and
2. The RCOC has appropriated its 1/3 share of the funding for the ',:rclect
and transferred said appropriation to a specific project account; and
3. The CVT has authorized its 1/3 share of the funding for the proj:ect an
has executed a written contract for payment with tne RCOC; and
4. The Commissioner(s) representing the °VT recluesting the proest submits
to the 2card of Commissioners Finance Committee a reso.lut1en
authorizing the appropriation of :he County's
1/3 share of the prolect,from the General Fund Designaed Fund 'Balance
for :ri-Partv Program. The resolution shall be approved by the Finance
Committee and the full Board before any funds may be releases from the
Tri-7'arty Program designation account; and
WHEREAS the City of . Rochester Hills, along with the Road Commissioner for Oakland
County has identified a specific prc'.ect and said project is ready to 'Joe
undertaken immediately; and
WHEREAS the Road Commission for Oakland County has appropriated its one-third
share of the funding for the identified project in one City of Rochester
Hills ant said appre.oriation has been transferred to a specific project account;
and
WHEREAS the City of Rochester Hills has demonstrated that it has authorizea its
cne -third --/3; share of the funding for the specified project and has executes a
writ:eh contract for payment with the Read Commission for Oakland County; and
WHEREAS C:akland County's one-third (1/3: share of the Fiscal Year 2010 author-I:ea
amount of Tr-Percy Road Improvement funding for the City of Rochester hulls is
o 339,46.
NOW THEREFORE BE IT RESOLVED that the Oakland County Beard of Commissioners
hereby approves the project submitted by the City of Rochester Hills as eligible
for appropriation and authorizes the release of the specified Tr-Parry Road
Tmprovement Program funds from the Oakland County 3eneral Fund Designated Fund
Balance.
BE IT FURTHER RESOLVED that the Oakland County Clerk is reques:ed to forward
copies of this adopted resolution to the Road Commission for Oakland C ount'.
Oakland County Elscal Services and the City of Rochester hills.
The Chairperson referred the resolution to the Finance Committee- There were no objections.
Re: WALTON BOULEVARD, ADAMS ROAD TO EAST OF
LWERNOIS ROAD PROJECT NO. 49471
Dear Ms. Leslie:
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.
June 24, 2010
=ROAD
irOPPILISION
for OAKLAND COUNTY
QUALM+ LYE THROUG. GO% 140Q5 riOAD COVM168,,ON FUR QAKLA,11) CC.Mm
WE CARE"
Ms. Jane Leslie, Clerk
City of Rochester Hills
1000 Rochester Hills Drive
Rochester Hills, Michigan 48309-3033
Board or Road Commissioners
Gregory C. Jamian
Commissioner
Richard G. Skarritt
Commissioner
Erie S. Wilson
Commissioner
Brent 0, Bair
Managmg Drector
Dennis G. Kolar, P.E.
Deputy Managing Director
County Highway 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.Lierzbicki
Deputy-Secretary /Clerk of the Board
•k c Li e Sy-Q-C W///s
Isj bo
6,,,ss el.
31001 Lahser Road
Beverly Hills, MI
48025
248-645-2000
FAX
248-645-1349
TDD
248-645-9923
www.rcocweb.org
Enclosure
cc: Dennis Lockhart
Thomas Noechel
Tim Soave, Oakland County
COST PARTICIPATION AGREEMENT
CONSTRUCTION
Walton Boulevard
Adams Road to East of Livemois Road
City of Rochester Hills
BOARD Project Number 49471
This Agreement, made and entered into this/40k day of V- , 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 Rochester Hills, hereinafter referred to as
the COMMUNITY, provides as follows:
WHEREAS, the BOARD and the COMMUNITY have programmed the milling and HMA
resurfacing of Walton Boulevard from Adams Road to east of Livemois 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 $3,065,000: and
WHEREAS, the BOARD shall enter into a contract with MDOT for partial funding of the
PROJECT with federal program dollars under the High Priority Project Fund in the amount of
$650,000 and the Surface Transportation Program Fund in the amount of $1,130,000, 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 of $1,285,000 involves certain designated and
approved Tri-Party Program Funds, in the amount of $1,018,638 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 force account, construction engineering and total
payments to the contractor.
3. The BOARD shall enter into a contract with MDOT for partial funding of the
PROJECT with federal funds, estimated in the amount of $1,780,000.
4. The BOARD shall contribute $266,362 to the cost of the LOCAL MATCH.
5. All remaining costs of the LOCAL MATCH, estimated to be $1,018,638, shall be
funded with Tri-Party Program Funds.
6. 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 $1,018,638.
b. Any LOCAL MATCH costs above the Tr-Party Program funding of
$1,018,638 will be the responsibility of the BOARD.
7. Upon execution of this Agreement, the BOARD shall submit an invoice to the
COMMUNITY on April 1, 2011 for $169,773 (being 50% of the COMMUNITY'S
Tri-Party contribution).
8. Upon execution of this agreement the BOARD shall submit an invoice to the
COUNTY on April 1, 2011 for $169,773 (being 50% of the COUNTY'S Tr-Party
contribution). 33 9 5-'1(2 17 lot' • 12
42211010 #48471/C4RochesterHflis/Const 2
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
9. 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 $169,773.
10. As costs of the PROJECT are incurred, the BOARD shall invoice the COUNTY for
the remaining 50% of the COUNTY'S Tr-Party contribution not to exceed
$169,773.
11. 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.
412211010 #49471/CityRochesteril Its/Cons' 3
Arifr
Managing Director
City of Rochest
By
Bryan K. Barnett
By
Its
Its Mayor
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
42211010 149471/CityRochasterHill51Co9et 4
COST PARTICIPATION AGREEMENT
CONSTRUCTION
MiddlebeIt Road
11 Mile Road to north of 1-696
City of Farmington Hills
BOARD Project Number 50371
This Agreement, made and entered into this 24 day of ,-L4) , 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 Farmington Hills, hereinafter referred to as
the COMMUNITY, provides as follows:
WHEREAS, the BOARD and the COMMUNITY have programmed the milling and asphalt
resurfacing of Middlebelt Road from 11 Mile Road to north of 1-696, 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 $697,500; and
WHEREAS, the said PROJECT involves designated and approved funding in accordance
with the Tr-Party Program in the amount of $697,500 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 preliminary engineering, construction engineering,
force account and total payments to the contractor.
3. The estimated total PROJECT cost of $697,500 shall be funded as follows:
a. The Tri-Party Program funding is not to exceed $697,500.
b. Any PROJECT costs above the Tr-Party Program funding of $697,500 will
be funded first with any available Tri-Party Program Funds. If no Tri-Party
Program Funds are available, any PROJECT cost above $697,500 will be
funded 100% by the COMMUNITY.
4. Upon execution of this Agreement, the BOARD shall submit an invoice to the
COMMUNITY for $116,250 (being 50% of the COMMUNITY'S Tri-Party
contribution). ro loot 2-20
5. After execution of this agreement the BOARD shall submit an invoice to the
COUNTY for $116,250 (being 50% of the COUNTY'S Tr-Party contribution) on
July 22, 2010.
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 $116,250.
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
$116,250.
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
4/1/10 #50371/CityFerrnHill&Middlebeft 2
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
By
Managing Director
City of Farmington Hills
Its
4/1t10 #503711C4Farml-kills/Middlebett 3
EXHIBIT A
TRI-PARTYPROGRAM
2010
County Supported Road Improvements
Walton Boulevard
Adams Road to East of Livemois Road
City of Rochester Hills
BOARD Project No. 49471
The milling and HMA resurfacing of Walton Boulevard from Adams Road to east of Livernois
Road.
ESTIMATED PROJECT COST
Contractor Payments
Construction Engineering
Force Account
Less Federal Funding
LOCAL MATCH
$2,600,000
390,000
75,000
(1,780,000)
0.20.=
DISTRIBUTION OF LOCAL MATCH
•
COMMUNITY COUNTY BOARD TOTAL
FY08 Tr-Party Program $ 100,210 $ 100,210 $ 100,209 $ 300,629
FY09 Tr-Party Program 163,467 163,467 163,468 $ 490,402—
FY10 Tr-Party Prwram 75,869 75,869 75,869 $ 227,607
Non Tri-Party Funds 0 0 266362 $ 266,362
TOTAL SHARES $ 339,546 $ 339,546 $ 605,908 $1,285,000
4122/1010 /49471 /CityRochesterH1118/Conek 5
Preliminary Engineering
Construction Engineering
Force Account
Contractor Payments
$ 55,000
82,500
10,000
550.000
Total Estimated Project Cost $697,500
EXHIBIT A
TRI-PARTY PROGRAM
2010
County Supported Road Improvements
Middlebelt Road
11 Mile Road to north of 1-696
City of Farmington Hills
BOARD Project No. 50371
The milling and asphalt resurfacing of Middlebelt Road from 11 Mile Road to north of 1-696.
ESTIMATED PROJECT COST
COST PARTICIPATION BREAKDOWN
COMMUNITY COUNTY BOARD TOTAL
FY07 Tri-Party Program $106,270 $106,271 $106,270 $318,811
FY08 Tr-Party Program 126,230 126,229_ 126,230 L $378,689
TOTAL SHARES $232,500 $232,500 $232,500 $697,500
4/1/10 #50371/CityFarmHills/NIddlebett 4
*
Resolution #10173 July 7, 2010
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MR #10173) 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 ROCHESTER HILLS PROJECT NO. 49471
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. 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)
3. Funding of $263,677 is availab e in the General Fund Designated Fund Balance
for In Party 2009 and prior funding (account #371509) for project 49471 milling
and HMA resurfacing of Walton Boulevard from Adams Road to east of Livernois
Road.
4. Funding of $75,869 is available in the General Fund Designated Fund Balance
for Tri Party 2010 funding (account #371510) for the balance of the above
mentioned project.
5. The FY 2010 budget be amended as follows:
General Fund # 10100
Revenue FY 2010
10100 9010101-196030-665882 Planned Use of Fund Balance $339,546
Total Revenues $339,546
Expenditures
10100-9010101-153010-740135 Tri Party $339,546
Total Expenditures $339,546
J4NA CE COMMLTTIEE
jurh " *6166
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote vath Greimel and Long
absent
APPROVEilf FOREGO IN RESOLUTION
.11•••,
lo ll' .1.
Resolution #10173 July 22, 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, Gingell, 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.
Ruth Johnson, County Clerk