HomeMy WebLinkAboutResolutions - 2010.10.21 - 10279Miscellaneous Resolution #10267
BY: Commissioner Janet Jackson, District 21
RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR
2010 APPROPRIATION - 12 MILE ROAD COOLIDGE HIGHWAY TO WOODWARD AVENUE -
CITY OF BERKLEY - PROJECT NO. 50021
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
#10045, 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 City of Berkley, 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 Berkley and
said appropriation has been transferred to a specific project account; and
WHEREAS the City of Berkley has demonstrated that it has authorized its one-third
(1/3) 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 Berkley is $4,792.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby approves the project submitted by the City of Berkley as eligible for
appropriation and authorizes the release of the specified Tri-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 City of Berkley.
Chairperson, I move the adoption of the foregoing Resolution.
'VET.
51007 Lai-1 ,_!;- Road
Boverly
.7 .A
September 30, 2010
Ms. Mary Hughes, Clerk
City of Berkley
3338 Coolidge Highway
Berkley, MI 48072-1690
Re: PROJECT NO 50021, 12 MILE ROAD
COOLIDGE HIGHWAY TO WOODWARD AVENUE
Dear Ms. Hughes:
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, September 30, 2010.
Please contact Thomas G. Noechel, Programming Supervisor at
(248) 645-2000 ext. 2266 to answer questions or for additional
information.
Sincerely,
Patricia ZJWierzbicki
Deputy-Secretary /Clerk of the Board
ism
Enclosure
cc: Dennis Lockhart
Tom Blust
Tom Noechel
Tim Soave
Cop c r‘) 1) is) 2
eD . S yo-
.T DO
243-645-92.1::
*vv.rcciceb.m
COST PARTICIPATION AGREEMENT
CONSTRUCTION
12 Mile Road
Coolidge Highway to Woodward Avenue
City of Berkley
BOARD Project Number 50021
This Agreement, made and entered into this .3 -)4-k day of S'e-t)-1E414(3k.•L 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 Berkley, hereinafter referred to as the
COMMUNITY, provides as follows:
WHEREAS, the BOARD and the COMMUNITY have programmed the milling, asphalt
resurfacing and ADA upgrades on 12 Mile Road from Coolidge Highway to Woodward Avenue,
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 $575,000, and
WHEREAS, the BOARD shall enter into a contract with MDOT for partial funding of the
PROJECT with federal program dollars under the Surface Transportation Program Fund in the
amount of $425,000, 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 $150,000 involves certain designated and approved
Tr-Party Program Funds, in the amount of $14,377 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 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 $425,000.
4. The BOARD shall contribute $75,000 to the cost of the LOCAL MATCH.
5. The COMMUNITY shall contribute $60,623 to the cost of the LOCAL MATCH.
6. All remaining costs of the LOCAL MATCH, estimated to be $14,377, shall be
funded with Tr-Party Program Funds.
7. Any LOCAL MATCH costs above the COMMUNITY'S share of $65,415 will be the
responsibility of the BOARD.
8. Upon execution of this Agreement, the BOARD shall submit an invoice to the
COMMUNITY on April 1, 2011 for $32,707.50 (being 50% of the COMMUNITY'S
total contribution).
9. Upon execution of this agreement the BOARD shall submit an invoice to the
COUNTY on April 1, 2011 for $2,396 (being 50% of the COUNTY'S Tri-Party
contribution).
612212010 #50021 /CityofBerkley1Const 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
10. As costs of the PROJECT are incurred, the BOARD shall invoice the
COMMUNITY for the remaining 50% of the COMMUNITY'S total contribution, not
to exceed $32,707.50.
11. 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 $2,396.
12. 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.
6122/2010 #50021/C ityofB e ricley/Const 3
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
By
Its
City of Berkley
By
Jfine Bais-DiSessa
Its City Manager
6/2212010 /CityofBerkley/Const 4
Contractor Payments
Construction Engineering
Less Federal Funding
LOCAL MATCH
$500,000
75,000
( 425,000)
$150.000
EXHIBIT A
TRI-PARTYPROGRAM
2010
County Supported Road Improvements
12 Mile Road
Coolidge Highway to Woodward Avenue
City of Berkley
BOARD Project No. 50021
The milling, asphalt resurfacing and ADA upgrades of 12 Mile Road from Coolidge Highway to
Woodward Avenue.
ESTIMATED PROJECT COST
DISTRIBUTION OF LOCAL MATCH
1,-, COMMUNITY COUNTY BOARD TOTAL
1___FY10 Tri-Party Program $ 4,792 $ 4,792 $ 4,793 $ 14,377
j Contributions 60,623 75,000 $135,623
TOTAL SHARES $ 65,415 $ 4,792 $ 79,793 $150,000
6/22/2010 #50021/CityofBerkley/Const 5
Ilk 44
Resolution #10267 October 6, 2010
The Chairperson referred the resolution to the Finance Committee. There were no objections.
4,792
4,792
FISCAL NOTE (MR #10267) October 21, 2010
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM
FISCAL YEAR 2010 APPROPRIATION —12 MILE ROAD COOLIDGE HIGHWAY TO
WOODWARD AVENUE — CITY OF BERKLEY— PROJECT 50021
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 $4,792 is available in the General Fund Designated Fund Balance for
Tri Party 2010 and prior funding (account #371510) for project 50021, milling,
asphalt resurfacing and ADA upgrades on 12 Mile Road from Coolidge Highway
to Woodward Avenue.
3, The FY 2010 budget be amended as follows:
General Fund # 10100
Revenue FY 2010
10100 9010101-196030-665882 Planned Use of Fund Balance $4,792
Total Revenues $4,792
Expenditures
10100-9010101-153010-740135 Tri Party
Total Expenditures
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Greimel and
Woodward absent.
0
Resolution #10267 October 21, 2010
Moved by Runestad supported by Coleman the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Bullard, Burns, Capello, Coleman, Douglas, Gershenson, Gosselin, Greimel, Hatchett,
Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Scott, Taub, Woodward,
Zack. (21)
NAYS: None. (0)
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).
OM.
I HERB3Y APPNVE THE FOREGONG RESOLUIION
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 October 21,2010,
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 21 st day of October, 2010.
Gat
Ruth Jahr
11111=11111.MMIEMMIMMIIIMMEMEnnn••