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Home My WebLink AboutResolutions - 2010.09.23 - 10326• Vlsoellaneous Resolution #10203 BY: Commissioner Michael J. Gingell, District 3 RE; BOARD OF COMMISSIONERS - TRI -PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION - CITY OF SOUTH LYON 8 MILE ROAD - PROJECT NO. 49781 TO: :)aklahd County Board of Commissioners Chairperson, ladies ano Gentlemen: WHEREAS since the 1;70s, the Oakland County Board of Cor=issioners has authorized tne discretionary Tri-Party Road Improvement Program to assist Oakland Cot,nty',J eities, villages and townships (CVs ) with the construction, mainLenance and repair of roads located within the boundaries of an Oakland County CVT under tne supervision, direction and control of the Road Commission for Oaklaht; County; a n WHEREAS Miscellaneous Resolution C39221 established the revised Tri-Farty Roai Improvement Program - Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Reso:ution C15, provides that any discretionary Oakland County appropriation in suppe.irt of the Cri-Party Road Improvement Program, shall to distributed only from the designated General Fund -rri-Party Program fund balance and may be made only utter t7cmpletion of all of the following: 1. Ihe Ruud Commission for Oakland County :R_CGC; and an ihd,!vidual or township (CUT) have identified a specific project and project is ready to he undertaken immediately; and 2. The RC07,: has appropriated its 1/3 share of the funding for the proje .:.-t and transferred said appropriation to a specific prole= arrcount; and The authorized its 1/3 share of the funding for the pro j ect and has executed a written contract for payment with the RCOC; and 4. The Commissioners; representing the CVT requesting the project submits to the -roard of Commissioners Finance Committee a resoltior, athorizing the appropriation of the 1/.3 share of the project from the Genera: Fund Designated Fund 12_alar.:e let Tsi-Farty Program. The resolution shall be approved op the Finah_:e Cemr-fittee and the full Board before any funds may be released from the Cri-Party Program, designation account; and WHEREAS the City of South Lyon, along with the Road Commissioner for 0akiand County has Identified a specific project and said protect is ready to be unt:ortaken immediately; and WHEREAS the Read Commission for Oakland County has appropriated its one-third r.-/3) -snare cf the funding for the identified project for the City of SoJth unc said appropriation has been transferred to a specific proicct ac,:ouht; end WHEREAS the City of South Lyon has demonstrated that it has authorized ts ohe- third 1_,/3; share of the funding for the specified project and has executd a writton contract for payment with the Road Commission for ',-.)aklana County; c;hd WHEREAS Oakland County's one-third (1/3; share of the Fiscal Year 211"..) authorised amount of Tr-Party Road Improvement funding for the City of South I,yer, is NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissincr:2 hereby approves the project submitted by the City of South Lyon as eligible to; appropriaLion and authorizes the release of the spe ,.'"ed :ri-Party Fdd Improvement Program funds from the Oakland County General Fund =esignatod und BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to for.,:ard copies of this adopl.ed resolution to the Road Commission for Oaklanti Caklahd County Fiscal Services and the City of South Lyon. Chirerson, I move the adoption of the foregoing Resolution. Xionael J. Gingell, District 3 Board of Road Commissioners Gregory C. Jamian Commissioner Richard G. Skarrott Commissioner Eric S. Wilson Commissioner Brent a Bak Managing Director Dennis G. Kolar, P.E. Deputy Managing Drecrer County Highway Engineer ‘...5 n or- 6 Ism 31001 Lahser Road Beverly Hills, MI 46025 Enclosure ft =ROAD COMMISSION CR4L!7!, ,NROL,GP1(..kkA, ROA:. COMPS:90N !-'0P 04,<•,2,4, WE CARE' August 12, 2010 Ms. Julie C. Zemke, Clerk City of South Lyon 335 South Warren South Lyon, MI 48178 Re: 8 MILE ROAD; DIXBORO ROAD TO PONTIAC TRAIL; PROJECT NO. 49781 Dear Ms. Zemke: A fully signed and executed agreement for the above mentioned project is enclosed. The agreement was approved and subsequently signed by Brent O. 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, • Patricia Z. Wierzbicki Deputy-Secretary /Clerk of the Board 248-645-2000 FAX 248-645-1349 TOO 248-645-9923 www.rcoeweb.org cc: Dennis Lockhart Thomas G. Noechel COST PARTICIPATION AGREEMENT CONSTRUCTION 8 Mile Road Dixboro Road to Pontiac Trail City of South Lyon and the Township of Lyon BOARD Project No, 49781 This Agreement, made and entered into this t2-4( tk day of R-uus-T , 2010, by and between the Board of Road Commissioners for the County of Oakland, Michigan, hereinafter referred to as the BOARD, the City of South Lyon, hereinafter referred to as SOUTH LYON; and WHEREAS, the BOARD, in cooperation with the Michigan Department of Transportation, hereinafter referred to as MDOT, the Township of Lyon, hereinafter referred to as LYON, and SOUTH 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, SOUTH LYON'S share of said LOCAL MATCH, involves certain designated funding in accordance with the Tri-Party Program, in the amount of $122,864, which amount shall be funded through equal contributions paid by the BOARD, SOUTH 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. SOUTH LYON and 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. SOUTH LYON'S share of the estimated LOCAL MATCH of the PROJECT cost is $150,000 and shall be funded in accordance with the following: a. Tr-Party program funding is not to exceed $122,864. b. All costs of SOUTH LYON'S share of the LOCAL MATCH above the Tri- Party Program funding of $122,864 will be funded 100% by SOUTH LYON. 4. LYON'S share of the LOCAL MATCH, estimated in the amount of $225,000 shall be funded under a separate agreement with the BOARD. 5. After execution of this agreement, the BOARD shall submit an invoice to SOUTH LYON on April 1, 2011 for $20,477.50 (being 50% of SOUTH LYON'S Tr-Party contribution and $13,568 being 50% of SOUTH LYON'S non Tr-Party contribution). 6. After execution of this agreement, the BOARD shall submit an invoice to the COUNTY on April 1, 2011 for $20,477.50 (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 7. As costs of the PROJECT are incurred, the BOARD shall invoice SOUTH LYON for $20,477.50 (being the remaining 50% of SOUTH LYON'S Tr-Party contribution) and $13,568 (being the remaining 50% of SOUTH LYON'S non Tr- Party contribution. 2 5118/10.#49781/8MILE.CSOUTHLYON 8. 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 $20,477,50. Upon receipt of said invoices, SOUTH LYON and the COUNTY shall pay to the BOARD the full amount thereof, within thirty (30) days of such receipt. 3 5/18/10.#49781/0MILECSOUTHLYON Managing Director CITY OF SOUTH LYON i/L t Its Its By 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 5118/10.#4978I/8MILE.CSOUTHLYON EXHIBIT A TRI-F'ARTYPROGRAM 2010 County Supported Road Improvements 8 Mile Road Dixboro Road to Pontiac Trail City of South Lyon and the Township of 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 .,750,0QQ COST PARTICIPATION BREAKDOWN SOUTH LYON LYON BOARD COUNTY TOTAL Tr-Party i $ 40,955 $ 61,345 $102,299 $102,300 $306,899 Non Tri-Party 27,136 40,965 0 0 $ 68,101 Board Contribution 375,000 $375,000 TOTAL SHAREq $ 68,091 $102,310 $477,299 $102,300 $750,000 , , 5 5/18/10.#49781/8MILE.CSOUTHLYON , Or • Resolution #10203 August 19. 2010 The Chairperson referred the resolution to the Finance Cornmittee. There were no objections. FISCAL NOTE (MISC. #10203) BY: Finance Committee, Tom Middleton. Chairperson IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION — CITY SOUTH LYON — 8 MILE ROAD - PROJECT NO. 49781 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 $1-027300 $40,955 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 Dixboro Road to Pontiac Trail. 3. The FY 2070 budget be amended as follows: General Fund #10100 Revenue FY 2010 10100-9010101-196030-665882 Planned Use of Fund Balance $102,300 $40,955 Total Revenues $402400 $40,955 Expenditures 10100-9010101-153010-740135 Tr-Party $4-027300 $40,955 Total Expenditures $102,300 $40,955 FINANCE COMMITTEE I 'IRBY AITROVE THE FOREGOING RESOLUTION 76i1,e// Resolution #10203 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 rny hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 1st day of September, 2010. Gat Ruth Johnson, County Clerk B NG RESOLJ :13'V VziW/0 APPRNE Resolution #10203 September 23, 2010 Moved by Middieton supported by Gosselin to amend the previously adopted Miscellaneous Resolution #10203 to correct the fiscal note to reflect the correct funding appropriation of $40,955. AYES- Gosselin, Greimel, Hatchet, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott. Taub, Woodward, Zack, Bullard, Burns, Capella, Coleman, Coulter. Douglas, Gershenson, Gingell, (24) NAYS: None. (0) A sufficient majority having voted in favor, the motion to amend the previously adopted Miscellaneous Resolution #10203 to correct the fiscal note to reflect the correct funding appropriation of $40,955 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. Gat Ruth Johnson, County Clerk