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HomeMy WebLinkAboutResolutions - 2010.06.09 - 10148Chairperson, we move the adoption of the foregoing Resolution, Steven H. Sch District 14 J1E Nash, District 15 Resolution #10122 May 20, 2010 Miscellaneous Resolution #10122 BY: Commissioner Steven H. Schwartz, District 14; Jim Nash, District 15 RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION - CITY OF FARMINGTON HILLS PROJECT NO. 50141 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, maintenanoe 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 Tri-Party Road Improvement Program - Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution 41045, provides that any discretionary Oakland County appropriation in support of the Tr-Party Road 7mprovement Program shall be distributed only from the designated General Fund Tri-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 113 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(s1 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 City of Farmington Hills, 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 City of Farmington Hills and said appropriation has been transferred-to a specific project account; and WHEREAS the City of Farmington Hills ha a demonstrated that it has authorized its one-third (1/2) share of the funding for the specified project and has executed a written contract for payment with the Road Commission for Oakland County; and WHEREAS Oakland County's one-third (1/3) share of the Fiscal Year 2010 authorized amount of Tr-Party Road Improvement funding for the City of Farmington Hills is $ 96,100. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Farmington Hills as eligible for appropriation and authorizes the release of the specified Tr1- Party Road Improvement Program funds from the Oakland County General Fond 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 City of Farmington Bills. The Chairperson referred the resoiution to the Finance Committee. There were no objections, oard of Road Commissioners Gregory C. Jarniars Cominzsioner Richard G. Skarritt COMMISSIOROF Eric S. Wilson Commissioner Brent 0 Bair Managing Ditector Dennis G. Kolar. RE. Deputy Managing Dorectoe County Highway Engineer 31001 Lase s Road Beverly Hills. Ml 48025 Patricia Z. Witrzbick Deputy-Secretary /Clerk of the Board isjg Enclosure -) C /VS FAX 248-645-1349 248 645-2000 cc: Dennis Lockhart Thomas Noechel Tim Soave TDD 248-645-9923 www.rL'oc.vveb org =ROAD COMMISSION for OAKLAND COUNTY OtIALIFr LIFE. THROLI.4^.. .504.17 ROADS' RAO CeAliFISSIQN FOII Qn44-PhIL) cOUNI, °wF cAnr." May 13, 2010 Ms. Kathryn A. Doman, Clerk City of Farmington Hills 31555 W. Eleven Mile Road Farmington Hills, MI 48336-1166 Re: ORCHARD LAKE ROAD, 12 MILE ROAD TO 13 MILE ROAD; PROJECT NO. 50141 Dear Ms. Dornan: 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, May 13, 2010. Please contact Thomas Noechel, Programming Supervisor at (248) 645- 2000 ext. 2266 to answer questions or for additional information. Sincerely, s o \ t Thomas G. Must, P.E. Director of En9ineerin9 Qualify Life through Good Roads "We Care" =11=7A17.417 Ca, VI 6125:57€7Ar for OAKLAND COUNTY Inter-Departmental Memorandum PROGRAMMING DIVISION DATE: April 29, 2010 To: Thomas G. Blust, P.E. Director of Engineering FROM: Thomas G. Noechel -7:401 Programming Supervisor SUBJECT: PROJECT NO. 50141, ORCHARD LAKE ROAD 12 MILE ROAD TO 13 MILE ROAD LOCAL COST PARTICIPATION AGREEMENT Attached for your review and submission to the Board for their approval is the local cost participation agreement with the City of Farmington Hills for the resurfacing of Orchard Lake Road from 12 Mile Road to 13 Mile Road. The estimated total cost is $1,152,300 and will be funded by American Recovery and Reinvestment Act Funds (ARRA) in the amount of $864,000. The City of Farmington Hills has elected to use Tr-Party Funds to fund the remaining local match amount of $288,300. Our 113 share is estimated to be $96,100 and is in the FYI 0 budget. The project is in the district of County Commissioner Jim Nash. The agreement is in our standard approved format, and I recommend Board approval. TGN/sk Attachment (2) Recommended for Board Approval frrorvt'° 5//a /1O COST PARTICIPATION AGREEMENT CONSTRUCTION Orchard Lake Road 12 Mile Road to 13 Mile Road City of Farmington Hills BOARD Project Number 50141 This Agreement, made and entered into this 1l4kk day of 4,1V‘f , 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 resurfacing of Orchard Lake Road from 12 Mile Road to 13 Mile 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 $1,152,300; and WHEREAS, the BOARD shall enter into Contract Number 10-5196 with MOOT for partial funding of the PROJECT with federal program dollars under the Federal American Recovery and Reinvestment Act of 2009, and WHEREAS, the BOARD, as the requesting party therein, will be the party financially responsible to MOOT 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 Tr-Party Program Funds, in the amount of $288,300 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. a The BOARD shall enter into Contract 10-5196 with MOOT for partial funding of the PROJECT with federal funds, estimated in the amount of $864,000. 4. All costs of the LOCAL MATCH, estimated to be $288,300, shalt be funded with Tr-Party Program Funds. 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 $288,300. b. Any LOCAL MATCH costs above the Tr-Party Program funding of $288,00 will be the responsibility of the BOARD. 6. Upon execution of this Agreement, the BOARD shall submit an invoice to the COMMUNITY for $48,050 (being 50% of the COMMUNITY'S Tr--Party contribution). 7. Upon execution of this agreement the BOARD shall submit an invoice to the COUNTY for $48,050 (being 50% of the COUNTY'S Tr-Party contribution). 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 3124/10 #50141 /CityFanninglonHills/Const ' 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 $48,050. 9. 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 $48,050. 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. 3124/10 #50141/CityFarmingtonHills/Const By B y _ Its ( 1c-47w /1/i,; . I AI * 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 Its Managing Director City of Farmington Hills By (-----*"` act( its 3f24/10 450141/CityFarrningtool1ills1Const EXHIBIT A TRI-PARTYPROGRAM 2010 County Supported Road Improvements Orchard Lake Road 12 Mile Road to 13 Mile Road City of Farmington Hills BOARD Project No, 50141 The resurfacing of Orchard Lake Road from 12 Mile Road to 13 Mile Road ESTIMATED PROJECT COST Contractor Payments Total Cost Eligible for Federal Funds Less Federal Funding (capped) LOCAL MATCH $1,152,300 1,152,300 (864,000) $ 288,300 COST PARTICIPATION BREAKDOWN COMMUNITY COUNTY BOARD TOTAL FY 2006 Tr-Part Program 74,640 74640 ' 74 640 223 920 FY 2007 Tri-Party Program 21,460 21,460 21,460 64 380 TOTAL SHARES $96,100 $96 $96 100L 88 30 3/24/10 N50141rCityFarmingtonHills/Const jp,.. . * Resolution #10122 May 20, 2010 The Chairperson referred the resolution to the Finance Committee, There were no objections. June 9. 2010 FISCAL NOTE (MR #10122) BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION —CITY OF FARMINGTON HILLS PROJECT NO. 50141 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson. Ladies and Gentiemen: Pursuant to Rule XII-C of this Board. the Finance Committee has reviewed the above referenced resolution and finds: 1. Unused Th-Party funding of $3.928,942 accumulated from Oakland County appropriettns from FY 2009 and prior was returned from RCOC and is designated i.i the County General Fund (account #371509). 2. Funding of $96100 is available in the General Fund Designated Fund Balance for Tri Party 2009 and prior funding (account #371509) for project 50141 resurfacing Orchard Lake Road between 12 Mile and 13 Mlle. 3. The FY 2010 budget be amended as foilows: General Fund # 10100 Revenue FY 2010 10100 9010101-196030-665882 Planned Use of Fund Balance $96.100 Tota Revenues $96,100 Expenditures 10100-90101(Y-153010-740135 Tri Party $96,100 Total Expenditures $96.100 FINANCE COMMITTEE FINANCE COXII=TTEE VOTE: Motion carred unanimously on a roll call vote Resolution #10122 June 9, 2010 Moved by Gosselln supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda be adopted. AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted. ! HEREBY APPROVE THE FOREGOING RESOLUTION ACTING PURSUANT TO 1973 PA 139 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 June 9, 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 9th day of June, 2010. Ruth Johnson, County Clerk