HomeMy WebLinkAboutResolutions - 2010.09.23 - 10310Xiscelianeous Resolution 410202
BY Commisioner Yichaei J. Gingell, District 3
RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR
2010 APPROPRIATION - CHARTER TOWNSHIP OF LYON; 8 MILE ROAD - PROJECT NO.
49761
TO Oakland County Board of Commissif,ners
Chairoersod, Ladies and Gentlemen:
WHEREAS since the 1'70s, the Oakland County Board of Commissioners has aetncri2eo
the discretionary Tr:..-Party Road Improvement Program to assist Oaklc.;hO
cItLes, villages and town5nips kTV.Ts) with the constrdction, maintehae
repair of cae. located within the botdidaries of an Oaxiane County CVr.: anci
t -!1Q supervision, oirection and control of the Road Commission fc2 -2 Oakland C.31-.Ty;
;1-1J
WHEREAS XisceHanecus Resolution 409221 estatIlisteu the revised Tri-Party Rdad
Improvement. Program - Funding and Protect Approval_ Process; and
WHEREAS Miscellaneous Resolution 409221, as amended by Kiscellaneoue Resoluton
1=1C45, provlaes tnat any oiscretionary Oakland County appreprlation in suppr:
of tne Tri-Varty Road Improvement Prograr shall be distributee ecy frot
do:, cc. C:eneral Fund Tri-Party Program fund balance and may he made co otter
completion o!' all of the following: • _ • The Road Comrdssion for Oakland County ri.TOC) and an individui
village, or township (CV7) have identified a specific project 6rld saO
pro:ect is ready to be undertaken imfaediLtely; ant
2. The iVI:X has appropriated its 1/3 share of the funding for the preie7
a:rd trnsforred said appropriation to a specific prolect accourt;
3. The CV.1 has authoried its 1/3 snare of the funding for the pro'ec
ties execated a written contract for payment with the RCOC; oci
4. The C=o -acsioncrs: representing the CVT requestir(,1 the prcect :.i:t tu
to the Board of Commissioners Finance Committee a resoluton
authorizing the appropriation of the
1/3 share of the project from the ,1-3cheral Fund Designated Fund Baanoe
for 7.7r-Party Program. The resolution shall be approved by the Finance
Committee and the full Board before any funds may be re:eased fron tn.e,
tr -Party Program designation account; and
WHEREAS tbe Charter Township of Lyon, along with the Read Commissioner for
Oakland County 1-1a identified a specific project and said projeQt L3 reudy to, be
undertaken imrcdiately; and
WHEREAS tne Poc. Commission for Oakland County has appropriated .._t ene -tnird
:I/.3) share of the funding tor the identified protect in the Cnarter Township of
Lyoh and said appropriation has been transferred to a specific project •ccodnt;
„And
WHEREAS the Charter township of Lyon has demonstrated that it has a .-tno:7ized its
one-third r1/2) share of the funding for the specied project and nos exect..e
wr].tfen contract for payment with the Road Commission for Oaklano County; and
WHEREAS Caklaiz,:, County' s one -third (1/3) share of the Fiscal Year 2010 auneti:eC
amount of tri-Forty Road Improvement funding for the Charter tewnsnip of Lyon is
$61,-Af.
NOW THEREFORE BE IT RESOLVED tnat the Oakland County Board of Commissioners
hereby approves tot., project submitted by the Charter Township of Lyon as elLible
for appropriation and authorizes the release of the specifieci Tri-Partv Rae
Impr::,vemen: Pro,gram fun:is from the Ca:Kland County General Fund '2(2s41.a*,.ed
ba:o.nce.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requesteo to forward
o.opies of this adopted resoluton to the Road Commission for CoKle,nd County,
Oakland County Fi s cal Services and the Charter Towns .lip of Lyon.
'-jhairoerooh r I move the adoption of the foregoing Resolution.
Alohaol J. Glngell, C:rL'-'t 3
3oard of Road Commissioners
Gregory C. Jamien
Commissioner
Richard a Skarritt
Commissioner
Eric S. Wilson
Commissioner
Brent 0. Bair
Managing Director
Dennis G. Kolar, P.E.
Deputy Mark-vng DirOCtor
County Highway Engineer
31001 Lahser Road
Beverly Hills, MI
48025
248-645-2000
FAX
248-645-1349
R0449
COMMISSION
for OAKLAND COUNTY
OVAL IT ',FE if -IROUC:k M.K.2 PC'...
0.040 LOMMI5'51,71 F k LAND (NUN-
INE CARE
August 12, 2010
Ms. Michele Cash, Clerk
Charter Township of Lyon
58000 Grand River Avenue
New Hudson, MI 48165
Re: 3 MILE ROAD; DIXBORO ROAD TO PONTIAC TRAIL;
PROJECT NO. 49781
Dear Ms. Cash:
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. Noechel, Programming Supervisor at (248)
645-2000 ext. 2266 to answer questions or for additional information.
Sincerely,
—1 IOW-- Z-itt ,
Patricia ZAivierzbicki
Deputy-Secretary /Clerk of the Board
/sm
Enclosure
cc: Dennis Lockhart
Thomas G. Noechel
(7". r
(
TOO
248-645-9923
www, rcocweb.org
COST PARTICIPATION AGREEMENT
CONSTRUCTION
8 Mile Road
Dixboro Road to Pontiac Trail
Charter Township of Lyon and the City of South Lyon
BOARD Project No. 49781
This Agreement. made and entered into this 12--l-tk. day of t;uc.os-T , 2010, by
and between the Board of Road Commissioners for the County of Oakland, Michigan,
hereinafter referred to as the BOARD, the Charter Township of Lyon, hereinafter referred to as
LYON; and
WHEREAS, the BOARD, in cooperation with the Michigan Department of Transportation,
hereinafter referred to as MDOT, the City of South of Lyon, hereinafter referred to as SOUTH
LYON, and LYON have programmed the paving of 8 Mile Road, hereinafter referred to as the
PROJECT; and
WHEREAS, the estimated total PROJECT cost is $2,000,000; and
WHEREAS, the BOARD will enter into a contract with MDOT for partial funding of the
PROJECT cost with Surface Transportation Program funds; and
WHEREAS, the BOARD, as the requesting party therein, shall 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, LYON'S share of said LOCAL MATCH, involves certain designated funding
in accordance with the Tr-Party Program, in the amount of $184,035, which amount shall be
funded through equal contributions paid by the BOARD, LYON, and the Oakland County Board
of Commissioners, hereinafter referred to as the COUNTY: and
WHEREAS, the parties hereto have reached a mutual understanding regarding cost
sharing of 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 parties hereto as follows:
1, LYON and SOUTH LYON approve of the PROJECT, declare its public necessity,
and authorize the BOARD and MDOT to forthwith undertake and complete the
PROJECT, as above described, and to perform all engineering, inspection, and
administration in reference thereto.
2. The actual total cost of the PROJECT may include contractor payments,
construction engineering, right-of-way and force account costs.
3. The BOARD shall contribute $375,000 to the total PROJECT cost.
4. LYON'S share of the estimated LOCAL MATCH of the PROJECT cost is $225,000
and shall be funded in accordance with the following:
a. Tr-Party program funding is not to exceed $184,035.
b. Any PROJECT costs above the Tr-Party Program Funding of $184,035 will
be funded first with any available Tr-Party Program Funds. If no Tr-Party
Program Funds are available then any PROJECT costs above $184,035
will be funded 100% by LYON.
5. SOUTH LYON'S share of the LOCAL MATCH, estimated in the amount of
$150,000 shall be funded under a separate agreement with the BOARD.
6. After execution of this agreement, the BOARD shall submit an invoice to LYON on
April 1, 2011 for $30,672.50 (being 50% of LYON'S Tr-Party contribution) and
$20,482.50 (being 50% of LYON'S non Tr-Party contribution).
7. After execution of this agreement, the BOARD shall submit an invoice to the
COUNTY on April 1, 2011 for $30,672.50 (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
8. As costs of the PROJECT are incurred, the BOARD shall invoice LYON for the
remaining 50% of LYON'S Tr-Party contribution not to exceed $30,672.50 and
$20,482.50 (being the remaining 50% of LYON'S non Tr-Party contribution).
2
6130/10.#49781 /WILE .LYON
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
$30,672_50_
10. Upon receipt of said invoices, LYON and the COUNTY shall pay to the BOARD
the full amount thereof, within thirty (30) days of such receipt.
3
6/30/10.#49781/8MILE.LYON
Managing Director
CHARTER TOWNSHIP OF LYON
By
Its
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
4
6/30/10.#49781/BMILE.LYON
EXHIBIT A
TRI-PARTYPROGRAM
2010
County Supported Road Improvements
8 Mile Road
Dixboro Road to Pontiac Trail
Charter Township of Lyon and the City of South Lyon
BOARD Project No. 49781
The gravel road paving of 8 Mile Road between Dixboro Road and Pontiac Trail.
ESTIMATED PROJECT COST
Contractor Payments
Right of Way
Construction Engineering
Force Account
ESTIMATED TOTAL COST
LESS FEDERAL FUNDS
ESTIMATED LOCAL MATCH
$1,500,000
250,000
225,000
25,000
$2,000,000
- 1,250,000
$ 750,000
COST PARTICIPATION BREAKDOWN
SOUTH LYON LYON BOARD COUNTY TOTAL
Tr-Party $ 40,955 $ 61,345 $102,299 $102,300 $306,899
Non Tri-Party 27,136 40,965 0 0 $ 68,101 IN Board Contribution 375,000 $375,000
TOTAL SHARES $ 68,091 $102,310 $477,299 $102,300 $750,000
5
6/30/10.#49781 A3MILE.LYON
Resolution #10202 August 19, 2010
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #10202)
BY: FINANCE COMMITTEE. TOM MIDDLETON, CHAIRPERSON
IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM
FISCAL YEAR 2010 APPROPRIATION — CHARTER TOWNSHIP OF LYON; 8 MILE ROAD -
PROJECT NO. 49781
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XU-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 $4.02,-260 661,345 is available in the General Fund Designated Fund Balance for
Tr-Party 2010 and prior funding (account #371510) for project #49781 paving of 8 Mile Road
from Oixboro Road to Pontiac Trail.
3. The FY 2010 budget be amended as follows:
General Fund # 10100
Revenue FY 2010
10100-9010101-196030-665882 Planned Use of Fund Balance S402-400 61,345
Total Revenues $4-0273.00 61,345
Expenditures
10100-9010101-153010-740135 Tri-Party $402400 61,345
Total Expenditures $1-027300 61,345
FINANCE COMMITTEE
I HEREBY APPROVE THE fai(EGOING RESOLUTION
gleh
Resolution #10202 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.
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 seat of the County of Oakland at Pontiac.
Michigan this 1st day of September, 2010,
eat
Ruth Johnson, County Clerk
Yronfaa 11710A .
Ae/
VP*
Resolution #10202 September 23, 2010
Moved by Middleton supported by Gosselin to amend the previously adopted Miscellaneous Resolution
#10202 to correct the fiscal note to reflect the correct funding appropriation of $61,346.
AYES. Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash,
Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capella, Coleman. Couiter,
Douglas. Gershenson. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the motion to amend the previously adopted Miscellaneous
Resolution #10202 to correct the fiscal note to reflect the correct funding appropriation of $61,345 carried.
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 23,
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 23rd day of September, 2010.
eat
Ruth Johnson, County Clerk