HomeMy WebLinkAboutResolutions - 2010.09.23 - 10331REPORT "0221 September 23, 2010
BY: Finance Committee, Thomas Middleton, Chairperson
IN RE: MR #10221 - BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT
PROGRAM FISCAL YEAR 2010 APPROPRIATION —CHARTER TOWNSHIP OF COMMERCE —
PONTIAC TRAIL AT M-5 — PROJECT NO. 50471
To: The Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced resolution on September 16,
2010, reports with the recommendation that the resolution be amended to correct $59,964 to
$359,964 in the seventh and final WHEREAS.
Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing
report.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Coulter
absent.
Christine Long, District 7
Miscellaneous Resolution #10221
BY: Commissioner Christine Long, District
RE: BOARD OF COMMISSIONERS - TRI -PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR
2010 APPROPRIATION - CHARTER TOWNSHIP OF COMMERCE - PONTIAC TRAIL AT M-5 -
PROJECT N0.50471
TC: Oakland County Board of Commissioners
L:hairpersen, Ladies ahd Gentlemen:
WHEREAS since the 197Cs, the Oakland County Board of Commissioners has autno.rzed
tne discretionary Tr-Party Road Improvement Program tc assist :Dakiand County's
,::ties, villages and townships (CVT.s with the cohstruction, maintenance and
repair of rbods 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 :,:iscellaneous Resolution #C9221 established the revised Tri-Partv Rc ,id
:mprovemeht Program - Funding and :rolect. Approval Process; and
WHEREAS Miscellaneous Resolution !09221, as amended by Eiscellaneeus
410;2,45, provides that any discretionary 0a.kland County appropriation in supintrt
ef the Cri-Party Road Improvement Program shall be distributed only from the
Ucsigntod :Cchcral Fund Tr::-Party Program fund balance and may be made only after
e=pletion of all of the following:
The Road Commission for Oakland County (aco:; and an individual
village, or township (CVT) have identified a specific prect and saij
pro'..dst is ready to be undertaken immediately; and
2. Tne RCa'. nacs appropriated its ;i13 snare of :he fun:if:1g ter tne
and trah-'-rred said appropriation to a specific prceet account; ahd
Ihe CV: has authorized its 1/3 share of the funding for the pre;:t Jhd
nas executed a wri'iten contract for payment with the aCO,C; and
4. The Commissioners; representing the CV': requesting the project
tc 1:ne Dcaro of Commissioners Finance Committee a resolutIon
autnorizihc the appropriation of the Coun7y's
if3 share of the project from the General Fund Designated Fu:Jd B•lanct
for- Tri -Party Program- The resolution shall be approved by the Fritane
Co=ttee and the full Board before any funds may be released from tnc,
2rogram designation account; and
WHEREAS the Charter Township of Commerce, along with the Road Commissioner for
Cs=cland County Las identified a specific project and said project is ready to be
t.ndertaken immediately; and
WHEREAS the Road Commission for Oakland County has appropriated its ac-tisd
3; share of the funding for the identified project in the Charter Townshio of
Co=re and said appropriation has been transferred to a spr .,atic pro:e.Tt acceunt;
WHEREAS the Charter :cwnsnip of Commerce has demonstrated that it has i:atncrineo
its one -third :1/3 share of the funding for the specified preect and has
executed a written corc_ruct for payment with the Road Commission for („akland
aunty; and
WHEREAS Ca'kland County's one-third J./3) share of the Fiscal Year 2310 authorized
amiount of Tri-Party Read Improvement funding for the Charter :ownshtp of Cemxerce
is :9,964.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
hereby approves the project submitted by the Charter Township of
eigibie for appropriation and authorizes the release of the specified 7ri-Fait-y
Road =mprovement Program funds from the Oakland County General Fund Designated
Balance.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward
copies of this a ,uopted resolution to the Road Commission for Oaklantl
Oakland County 'Fiscal Services and the Charter Township of Camerf.:.e.
Cn6irprson,= 7:.:Ve the adoption of the foregoing Resolution,
Board of Road Commissioners
Gregory C. Jam/an
Commissioner
Richard G. Skarritt
Ccruni5sioner
Eric S. Wilson
COnitMSsioner
Brent 0. Bair
MorlOging Director
Dennis G. Kolar. P. E.
Deputy Managing Director
county Highway Encitow
31001 Lahser Road
Beverly Hills, Ml
48025
248-645-2000
FAX
248-645-1349
o
!;-' ‘-/ 0 qe-
1
=ROAD
CafflISSION
for OAKLAND COUNTY
GajAurf LIE ThFQtJG." G000 'CAD
ROA? COMMISSION FOR 04KL.ANL% COW,'
WE CARE"
August 26, 2010
Ms. Sandra S. Abrams, Clerk
Charter Township of Commerce
2009 Township Drive
Commerce Township, MI 48390
Re: PROJECT NO. 50471; PONTIAC TRAIL AT M-5
CONSTRUCTION OF A ROUNDABOUT
Dear Ms. Abrams:
A fully signed and executed agreement for the above mentioned
project is enclosed.
The agreement was approved at the regularly scheduled Board
meeting of Thursday, August 26, 2010 and subsequently signed
by Brent O. Bair, Managing Director.
Please contact Thomas G. Noechel, Programming Supervisor at
(248) 645-2000 ext. 2266 to answer questions or for additional
information.
Sincerely,
4-"T J442
Patricia Z. Wierzbicki
Deputy-Secretary /Clerk of the Board
Ism
Enclosure
cc: Dennis Lockhart
Thomas G. Blust
Thomas G. Noechel
Tim Soave
TDD
248-645-9923
www.rcoeweb.org
COST PARTICIPATION AGREEMENT
CONSTRUCTION
Pontiac Trail @ M-5
Charter Township of Commerce
BOARD Project No. 50471
This Agreement, made and entered into this Ziettt day of
2010, by by and between the Board of Road Commissioners for the County of Oakland, Michigan,
hereinafter referred to as the BOARD, the Charter Township of Commerce, hereinafter referred
to as the COMMUNITY, provides as follows:
WHEREAS, the BOARD and the COMMUNITY, in cooperation with the Michigan
Department of Transportation, hereinafter referred to as MDOT, have programmed the
construction of a modern roundabout at Pontiac Trail and M-5, described in Exhibit "A", attached
hereto and made a part hereof. The improvements involve roads under the jurisdiction of the
BOARD, and within the COMMUNITY, and are hereinafter referred to as the PROJECT; and
WHEREAS, the estimated total PROJECT cost is $5,091,000; and
WHEREAS, the BOARD shall enter into a contract with MOOT for partial funding of the
PROJECT with state program dollars under the Transportation Economic Development Fund,
Category A program; and
WHEREAS, the BOARD, as the requesting party therein, will be the party financially
responsible to MOOT to bear all costs of the PROJECT in excess of federal funds, hereinafter
referred to as the LOCAL MATCH; 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 parties hereto as follows:
1. The BOARD will forthwith undertake and complete the PROJECT, as above
described, and will perform all engineering, inspection and administration in
reference thereto.
2. The actual total cost of the PROJECT shall include total payments to the
contractor, construction engineering and inspection, force accounts, construction
and permanent traffic controls.
3. The PROJECT will be funded as follows:
a. The BOARD shall enter into a contact with MDOT for partial funding of the
PROJECT with State Transportation Economic Development Fund, Category A
Program funds, estimated in the amount of $1,500,000.
b. The BOARD shall contribute $645,000 ($595,000 in construction engineering
and $50,000 in force account) to the cost of the LOCAL MATCH,
c. The COMMUNITY shall contribute $1,866,109 to the cost of the LOCAL
MATCH.
d. All remaining costs of the LOCAL MATCH, estimated to be $1,079,891 shall be
funded with Tri-Party Program Funds.
e. All LOCAL MATCH costs above the Tr-Party Program amount of $1,079,891
will be the responsibility of the COMMUNITY.
f, The BOARD shall credit the COUNTY'S 2006-2009 Tri-Party contribution of
$300,000, together with the BOARD'S Tri-Party contribution in an amount
equal thereto.
g. After execution of this agreement, the BOARD shall submit an invoice to the
COMMUNITY on April 1, 2011 for $179,982 (being 50% of their Tri-Party
contribution) and $933,054.50 (being 50% of their non Tri-Party contribution).
h. After execution of this agreement, the BOARD shall submit an invoice to the
COUNTY on April 1, 2011 for $29,982 (being 50% of their 2010 Tri-Party
contribution).
7/15110 #30471.PcatTr1.Canst 2
01,
1. 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
4. As costs of the PROJECT are incurred, the BOARD shall invoice the
COMMUNITY for the remaining 50% of the COMMUNITYS Tr-Party contribution
not to exceed $179,982 and for the remaining 50% of their non Tri-Party
Contribution of $933,054.50.
6. As costs of the PROJECT are incurred, the BOARD shall invoice the COUNTY for
the remaining 60% of the COUNTY'S Tri-Party contribution not to exceed $29,982.
6. 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.
7. The PROJECT shall include restoration and vegetative stabilization of the
roundabout. After growth is established, the COMMUNITY shall be responsible for
the maintenance of the roundabout. Additional landscape work shall be subject to
applicable Road Commission for Oakland County Permits.
8, The COMMUNITY shall enter into a separate contract with DTE for the cost of
lighting the roundabout.
7/15/10 ti5.0471.PositTrteinast 3
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
Managing Director
Charter Township of Commerce
By
Its "I,Puht-A-50-1 /e
7/15/10 #50471.Panarl.Cunat 4
Contractor Payments
Construction Engineering (performed by RCOC)
Force Account Work (performed by RCOC)
Utility Relocation
DTE Lighting
Total Project Cost
Less State Funds
LOCAL MATCH
$ 31971,000
595,000
50,000
100,000
375,000
$5,091,000
(1,500,000)
$3,591,000
EXHIBIT A
2010
County Supported Road Improvements
Pontiac Trail at M-5
In The
Charter Township of Commerce
BOARD Project No. 50471
ESTIMATED PROJECT COST
BREAKDOWN OF LOCAL MATCH
COMMUNITY COUNTY BOARD TOTAL
Iwo:am:Mr= 49 129 $ 49 129 49 130 $ 147 388
Y07 Tr-Pa 89 593 89,593 89 592 $ 268,778
1 Wiiiill n- a I= 89 584 89,585 89 585 $ 268,754
la ilia rawrg= 89 582 89,582 89 581 $ 268,745
IlWalalualnErif= 42 076 42,075 42 075 $ 126 226
•
_
ntribution 1 866 109 645 000 $2,511,109
TOTAL SHARES $ i,g •:i $1 004 963 $3,591 000 I I
7/15/10 #50471.Puta1rLConst 5
Resolution #10221 September 1, 20/0
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MR #10221) September 23, 2010
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM
FISCAL YEAR 2010 APPROPRIATION — CHARTER TOWNSHIP OF COMMERCE —
PONTIAC TRAIL AT M-5 — PROJECT NO. 50471
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 and prior was returned from RCOC and is
designated in the County General Fund (account #371509)
3. Funding of $317,889 is available in the General Fund Designated Fund Balance
for Tri Party 2009 and prior funding (account #371509) for project 50471
construction of a modern roundabout at Pontiac Trail and M-5.
4. Funding of $42,075 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 9010101-196030-665882 Planned Use of Fund Balance $359,964
Total Revenues $359,964
Expenditures
10100-9010101-153010-740135 Tri Party $359,964
Total Expenditures $359,964
FINANCE COMMITTEE
FINANCE COMM=TEE
Motion carried unanimoualy on a roll call vote with Coulter absent.
•
Resolution #10221 September 23, 2010
Moved by Middleton supported by Hatchett the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel,
Hatchett. Jackson. Jacobsen. Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott,
Taub, Woodward. Zack, Bullard. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal note attached) on the amended Consent
Agenda were adopted (with accompanying reports being accepted).
Foes.
I 110 /Wei THE FOR7 MOTION
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 23" day of September, 2010.
eat
Ruth Johnson, County Clerk