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Home My WebLink AboutResolutions - 2010.09.01 - 10309Miscellaneous Resolution #10201 BY: Commissioner Michael J. Gingoll, District 3 RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION - CITY OF WIXOM - PONTIAC TRAIL - PROJECT NO. 50511 TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County 2oard of Commissioners has aethori.7.o the discretionary :ri-Party Road :mprovement Program to assist Oakland Cry's villages and townships (CVTs) with the construction, maintenande and rePair of roads located within the boundaries of an Oakland County CV: and under the supervision, direction and control of the Road Commission f3r Oakland County; and WHEREAS Miscellaneous Resolution 409221 established the revised :ri-Party ci Imprevemeht Program - Funding and ProOect Approval Process; and WHEREAS Miscellaneous Resolution 409221, as amended by Miscellaneous P,Q2:Z%-i.j7-,on '410C45, provides that any discretionary Oakland County appropriator in stpport of the Tri-Party Road Improvement Program shall be distributed only from the designated Ebnoral Lund Tr-Party Program fund balance and may be made only after dompIetion of all of the following: :he Road Commission for Oakiand County ,IkCOC) and an ThdivfdciA ai village, or township (CVT) have identified a specific project ar..is procot is ready to be undertaken immediately; and 2. The ?CDC has appropriated its 1/3 share of the funding ins- Li1Q pro and transferred sae appropriation to a spet.:ific project accouht; 3. The CV: has authorized its 1/3 share of the funding for toe projec7 has executed a written contract for payment with the FIC0',:; and 4. The Commissioner(s) representing the CVT requesting the project sudrnoin to the Board of Commissioners Finance Committee a resolution authorizing the appropriation of the 1/3 share of the project from the General :Fund Designated Fund 3alande for 7ri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds may be released from Tri-Party Program designation account; and WHEREAS the City of Wixom, along with the Road Commissioner for Oakland Coanty has identified a specific project and said project is ready to be undertaKeh Lraiediately; and WHEREAS the Road Commission for Oakland County has appropriated its one-third ]._/3) share of the funding for the identified project in the City of Wixom. and said appropriation has been transferred to a specific project ac..ount; WHEREAS the City of Wixom has demonstrated that at has authorl::ed its coe-tird shore of the funding for the specified project ana has executed a writte:, for 1_,.Ayrt,ent with the Road Commission for Oakland County; and WHEREAS C.akland County's one-third (1/3) share of the 'iiscal Year 2)13 authorized amount or Tr-Party Road Improvement funding for the City of Wixom f.176,-132. NOW THEREFORE BE IT RESOLVED that the Oakland County board of Ommissorlers hcreby approves the project submitted by the City of Wixom as eligible f..;r aPpr3priation and authorizes the release of the specified Tr -Party Read DEprcvemen'_ ::rog,ram funds from the Oakland County General Fund Designated Y .un 2alance. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to torwaro. copies of 7.t..5 adopted resolution to the Road Commission for Gaklahd County, Oakland County Fiscal services and the City of Wixom. :.7hairporson, I move the adoption of the foregoing Resolution. Michael J. Gingell, District 2 3oard of Road Commissioners Gregory C. Jam/an Commissioner Richard G. Skarritt Commissioner Eric S. Wilson Commissioner Brent 0. Bair Managing Director Dennis G. Kolar, P.E. Deputy Managing DireGtor County Highway Engineer , 3 2 rrr - oj I iSM 31001 Lahser Road Beverly Mils, MI 48025 1 Enclosure =ROAD COMMISSION ft for OAKLAND COUNTY UHE TH9066H GOOD ROC :,ammnss.ON FOR GAy.,AND c(),,ry Ey WE CARE' August 12, 2010 Ms. Linda Kirby, Clerk City of Wixom 49045 Pontiac Trail Wixom, MI 48393-2567 Re: PONTIAC TRAIL; WEST OF CENTER BOULEVARD TO THE EAST art LIMITS; PROJECT NO. 50511 Dear Ms. Kirby: 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, August 12, 2010. Please contact Thomas G. Noechei, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, Patricia Z.LWierzbicki Deputy-Secretary /Clerk of the Board 0 CC: Dennis Lockhart 248-645-200 FAX Thomas G. Noechel 248-645-1349 TDD 248-645-9923 wwvv.rcovweb.org COST PARTICIPATION AGREEMENT CONSTRUCTION Pontiac Trail West of Center Boulevard to the East City Limits City of Wixom BOARD Project Number 50511 This Agreement, made and entered into this 9-1-*k. day of T.0(•_Ii , 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 Wixom, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD and the COMMUNITY have programmed the milling and HMA overlay on Pontiac Trail from west of Center Boulevard to the east city limits, 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 $530,196; and WHEREAS, the said PROJECT involves designated and approved funding in accordance with the Tri-Party Program in the amount of $530,196 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. If The PROJECT shall include total payments to the contractor. 3. The COMMUNITY'S share of the PROJECT cost is $176,732 and shall be funded in accordance with the following: a. Tr-Party Program funding is not to exceed $530,196. b. All PROJECT costs above the Tr-Party Program funding of $530,196 will be the responsibility of the COMMUNITY. 4. Upon execution of this Agreement, the BOARD shall submit an invoice to the COMMUNITY for $88,366 (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 $88,366 (being 50% of the COUNTY'S Tr-Party contribution) on August 12, 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 Tri-Party contribution, not to exceed $88,366. 7. 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 $88,366. 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. 6/147/10 #50511/PontiaarliCityotWixoin 2 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 Its City of VVixom By 1& MAW Its LI Sel 4711 0 150511/PagliacTrICItyoritmarn 3 Contractor Payments $530,196 Emmen' A TRI-PARTY PROGRAM 2010 County Supported Road Improvements Pontiac Trail West of Center Boulevard to the East City Limits City of Wixom BOARD Project No. 50511 The milling and I-1MA overlay on Pontiac Trail from west of Center Boulevard to the east city omits. ESTIMATED PROJECT COST COST PARTICIPATION BREAKDOWN COMMUNITY COUNTY BOARD TOTAL - FY05 Tri-Party Program $ 6,195 $ 6,198 $ 6,198 $ 15,594 . FY06 Tri-Party Program 37,563 37,563 37,564 $112,890 FY07 Tri-Party Program „._ 39,527 39,526 39,526 $118,579 ' FY08 Tri-Party Program 39,427 39,421 ' 39,427 _ $115,281 r, FY09 Tri-Party Program 39,427 39,427 39,427 , _ , FY10 Tri-Party Program 14,590 14,591 7- 14,590 $ 43,771 TOTAL SHARES $176,732 $176,732 , $175,732 $530,1967 6147/10 1150511/PontlacTrlayaiWbcom 4 Resolution #10201 August 19, 2010 The Chairperson referred the resolution to the Finance Committee. There were no objections. $176 732 5176,732 September 1. 2010 FISCAL NOTE (MR #10201) BY. FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION — CITY OF WIXOM — PONTIAC TRAIL - PROJECT NO. 50511 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson. Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee nas 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 Tri-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 ard prior was returned from RCOC and is designated in tne County General Fund (account #371509). 3. Funding of $162,141 is available in the General Fund Designated Fund Balance for Tri Party 2009 and prior funding (account #371509) for project 50551 milling and asphalt resurfacing of Orchard Lake Road north and south of 1-696. 4: Funding of S14,591 is available in the General Fund Designated Fund Balance for Tri Party 2010 funding (account #371510) for the Dalance of the above mentioned project. 5. The FY 2010 budget be amended as follows: General Fund # 10100 Revenue FY 201C 10100 9013101-196030-665882 Planned Use of Fund Balance $176,732 Total Revenues $176,732 Expenditures 10100-9010131-153010-740135 Tri Party Total Expenditures Finance Committee Vote: Motj= carried unanimously on a roll call vote APPROVE THE FOREGOING RESOLUTION (175/n3 Resolution #10201 September 1, 2010 Moved by Nash supported by Gosselin the resolutions (with fiscal notes attached) on the Consent Agenda be adopted. AYES: Burns, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad. Schwartz, Scott, Taub, Woodward, Zack, Bullard. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted. p••• 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 September 1, 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 1st day of September, 2010. Gat Ruth Johnson, County Clerk