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HomeMy WebLinkAboutResolutions - 2010.09.01 - 10312m Nash, '2istrict 13 4 Xiscellanedus Resolution # 10205 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 - ORCHARD LAKE ROAD - PROJECT NO, 50551 TO: Oakland County Board of Commissioners Chairperson, ---,adios and Gentlemen: WHEREAS since the 1973s, the Oakland County Board of Commissioners nas authorized tne discretionary Tr-Party Road Improvement Program to assist Oakland County's cities, ves and townships FOWIs) with the construction, maintenance and repair of roads iocated within the boundaries of an Oakiand County CVT annur.:2ier the supervision, direction and control of the Road Commission for Oakland 7ounty; and WHEREAS :'',lscellandcas Resolution #C9221 established the revised Tri-Party F:ad Tmprovement Program - Funding and Pro:est Approval Process; and WHEREAS Xisoellanecus Resolution 409221, as amended by Xiscellaneous Resolution #1i)345. provides that any discretionary Oakland County appropriation in sup-bort of the Cri -Partv Road Improvement Program shall be distributed only trom the designated General Fund Tri-Party Program fund balance and may be Ittade on4 after completion at all of the following: The Road Commission for Oakland County (RCOC and an lhc,ivid,laL city, viliage, or township (CVT) have identified a specific pro:eet ano proOeet is ready to be undertaken immediately; and 2. The RCOC has appropriated ft s 1/3 share of tno fuheing for the prbect and transferred said appropriation to a specitic. project account; and 2. The ITT has authorized its 1/3 share of the funding for the project and has executed a written contract for payment with the RCOC; and. 1. The Commissioner(s) representing toe CVT requesting the project submits to the Ecard of Commissioners Finance Comrittee a resolull::n authorizing the appropriation of the ;:n :,; 7.; y 1/2 share of the project from the General Fund Designated Fund for 'fro-Farty Program, The resolution shall be approved by the FinaLe Committee and the full. Board before any funds may be released from, tre Tri-.Party Program designation account and WHEREAS the City bf 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 appropriate'd its one -third r1/3; share or tne funcing for the identified project in the City of Farmington and said apprebriation has been transferred to a specific projet ac.ioant, and WHEREAS the City of Farmington Hills has demonstrated that has authoriza its one-third (1/3) share of the funding for the specified project and has executed a written bontract for payment with the Road Commission for Oakland County; and. WHEREAS Oakland County's one -third (1/3 share of the Fiscal Year 2C10 aothsU nn amount ot Tri-Party Rood :mprovement funding for the City of Farmington NOW THEREFORE BE IT RESOLVED that the Oakland County Dcard of Cemm:ssi ..zner hcreoy approves the project submitted by the City of Farmington ThUs as eiigible for appropriation and authorizes the release of the specified Ti-Barty Rid Improvement Program funds from the Oakland County General Fund Designated Fund Balance. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to fofward of this adepted resolution to the Road COITS:LOE for Oakland County, Gakland County Fisdal Services and the City of Farmington Hills. Chairperson, we move the adoption of the foregoing Resolution. .1: 111V /V -'' 4,446AL_ ..difillitiliwift' - 7 Board of Road Commissioners Gregory C. Annan Commissioner Richard G. Skarritf Commissioner Eric S. Wilson Comemssioner Brent D. Bair Managing Director Dennis G. Kolar. RE. Deputy Managing Director County Highway Engineer =ROAD COPIMISSION for OAKLAND COUNTY CAW, L.VE IHROUtik OW: 1,10,4.ISSIO47 0+,..0.40 WE CARE - August 12, 2010 Ms. Kathryn A. Dornan, Clerk City of Farmington Hills 31555 W. Eleven Mile Road Farmington Hills, MI 48336-1165 Re: ORCHARD LAKE ROAD; NORTH AND SOUTH OF 1-696; PROJECT NO. 50551 Dear Ms. Doman: 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 at (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, 31001 Lahser Road Beverly Hills, MI 48025 Patricia Z.Wierzbicki Deputy-Secretary /Clerk of the Board Ism Enclosure (-1 C., S- ?", r13, Clo 0,, ( 248-645-2000 FAX 248-645-1349 TOO 248-645-9923 www.rcocweb.org cc: Dennis Lockhart Thomas G. Noechel COST PARTICIPATION AGREEMENT CONSTRUCTION Orchard Lake Road North and South of 1-696 City of Farmington Hills BOARD Project Number 50551 This Agreement, made and entered into this V2.-Mk day of Q,oct,u&--r , 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 Orchard Lake Road north and south 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 $475,307; and WHEREAS, the said PROJECT involves designated and approved funding in accordance with the Tr-Party Program in the amount of $475,307 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 $475,307 shall be funded as follows: a. The Tri-Parly Program funding is not to exceed $475,307. b. Any PROJECT costs above the Tr-Party Program funding of $475,307 will be funded first with any available Tr-Party Program Funds. If no Tr-Party Program Funds are available, any PROJECT cost above $475,307 will be funded 100% by the COMMUNITY. 4. Upon execution of this Agreement, the BOARD shall submit an invoice to the COMMUNITY for $79,218 (being 50% of the COMMUNITY'S total contribution). 5. After execution of this agreement the BOARD shall submit an invoice to the COUNTY for $79,218 (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 total contribution, not to exceed $79,218. 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 $79,218. 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. 6121110 #50551/CityFarmHi1ls/OrthardLk. 2 (&za__ eAL 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 By '—EL Its -32 T (r efk Its 4 it 0 tc. 20L-1‹. 6121/10 #50551/CityFarmHills/Orchardlk. 3 Preliminary Engineering Construction Engineering Force Account Contractor Payments $ 5,000 15,000 5,000 4503Q7 Total Estimated Project Cost $475,307 EXHIBIT A TRi-PARTY PROGRAM 2010 County Supported Road Improvements Orchard Lake Road North and South of 1-696 City of Farmington Hills BOARD Project No. 50551 The milling and 3" asphalt resurfacing of Orchard Lake Road north and south of 1-696. ESTIMATED PROJECT COST COST PARTICIPATION BREAKDOWN COMMUNITY COUNTY BOARD TOTAL FY08 Tr-Party Program $ 1,173 $ 1,173 $ 1 1 172 ' $ 3,518 i FY09 Tr-Party Program 102,402 102,402 102,403 $307,207 FY10 Tr-Party Program 54,861 54,861 54,860 $164,582 TOTAL SHARES $168,436 $158,436 $158,435 - $475,307 6/21/10 #50551/CityFarm H ills/Oraha rd Lk. 4 Resolution #10205 August 19, 2010 The Chairperson referred the resolution to the Finance Committee. There were no objections. September 1,2010 FISCAL NOTE (MR #10205) BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION — CITY OF FARMINGTON HILLS — ORCHARD LAKE ROAD - PROJECT NO. 50551 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 ard prior was returned from RCOC and is designated in the County General Fund (account #371509). 3. Funding of $103,575 is avaiiable 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 off-696. 4. Funding of $54,861 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 9013101-196030-665882 Planned Use of Fund Balance $158,436 Total Revenues $158,436 Expenditures 10100-9010101-15301C-740135 Tri Party $158,436 Total Expenditures $158436 Finance Committee Vote: Motion care .:1 unanimously on a roll call vote A E COMM)--TTEE f/71 Resolution #10205 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. I HEREBY. APPROVE)1EIREGOING RESOLUTION 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. eat Ruth Johnson, County Clerk