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Home My WebLink AboutResolutions - 2010.09.23 - 10332Niseellaneous Resolution 410222 BY: Commissioner Christine Long, District 7 RE: BOARD OF COMMISSIONERS - TRI -PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION - CHARTER TOWNSHIP OF COMMERCE - COOLEY LANE ROAD - PROJECT NO.50171 -1Th Cakiand ..:70unty 3cart of Commissioners Chairperson, ladies and Gentlemen: WHEREAS since the :970s, the Oakland County Poard of Commissioners Las a -:thorid tne bar:: :v Tri-Party Road :mprove=t Program to assist Oakland Conity' cities, vil_ages and townships (CVTs) with the construction, maintenance and repair of roads located within the boundaries of ail Oak:and County CVT and ,:nder the supervision, direction and control of the Road Commission for Oakiaho WHEREAS Nis•elianeous Resolution 40922: estatiishrid the revised Tr:-Party Improvement Program - Funding and Proiect Approval Process; and WHEREAS Xiscellaheous Resolution 409221, as amended by Miseellaneou .s. Resoiuti..)n 410',.:',45, provides tnat any discretionary Oa'Kland County appropriation suplit of the Tri-Party Road Improvement Program shall be distributed or:y from t.n, :L_E:HiCDE.C=Cd Thneral Fund Tri-Party Program fund balance and may be made only aite completion of all of the following: 1. The Road Cemmission for Oaklana County ..R.C.00; and an individual cty, viliage, or township (CVT) have fden:ffied a specific profeet and said pro .jcot is ready to be undertaken immediately; and L.Thc RC:X.7 has appropriated its 1/3 share of the funding for the prejE-ot and transferred said appropriation to a specific project account: ano '.'ne CV: nas authorized its 1/3 share of the funding for the prdt and has executed a written contract for payment with :he RC:CC; and 4. The Cw.tmissiener(a) representing the CV: requesting the :react to the Board of Commissidners Finance Committee a resolution authorizing the appropriation of the 1/3 share of the project from the General 17:ind Jesignatett F...ind Polar:cc for 7r1-Party Program. The resolution shall be approved by the Fihar.;:e Committee and the full Board before any funds may .;.:O released from Ti-Party Program designation account; and WHEREAS the Cnarter Township of Commerce, one with the Road COnlITiSSiO:lef :::aland County has identified a specific project and said projett is ready r_D thdertaken immcdiately; and WHEREAS the Peed (.2.ommission for Oakland County has appropriated Its one-thirO 1/:) share of the funding for the Identified proect in the Charter TowhJnip ComdLede and said appropriation has been transferred to a specific p!-.)2.en_ a-ocount; are WHEREAS the Charter Township of Commerce has demonstrated that it has authorl.ced its one :t/-.7s share of the funding for the specified prolect ,and has exec:Ate(' a written contract for payment with the Road Commission for t:!aklanO :':ounty; and WHEREAS Dakland County's one-third (1/3) share of the Fiscal_ Year 2'.,:1C authosiz amount of Tr-Pasty Road Improvement funding for the Charter Tewhsh:p pt Ccco is $ 2,075. NOW THEREFORE BE IT RESOLVED that the Oakland County F.oar.....1 of cmn hereby approvos the project submitted by the Charter Township of Commerce :is for appropriation and authorizes the release of the specified Cri-Par!_y Road :mprovement Program funds from the Oakland County C,eneral Fund Desic;nated Dalance. BE IT FURTHER RESOLVED that the Oakland Co u nty Clerk is requested to forwara oopics of this adopted resolution to the Road Commission for Oakland. County, Oakland County Fiscal Services and the Charter Townsnip of Commerce. Chairperson, : move the adoption of the foregoing Resolution. Board of Road Commissioners Gregory C. Jamian Commissioner Richard G. Skarritt Corrin7issioper Eric S. Wilson Commissioner Brent 0. Bair Managing nyecror Dennis G. Kolar, P.E. Deputy Managim Director County Highway Engineoi 31001 Lahser Road Beverly Hills, MI 48025 248-645-2000 FAX 248-045-1349 =ROAD arIPASSWAI for OAKLAND COUNTY %ALIT, .IrE "1-.OD1GH GOOD ROADi ROAD COAWG.SiON FOR OAKLA RD OMNI V WE CARE' August 26, 2010 Ms. Sandra S. Abrams, Clerk Charter Township of Commerce 2009 Township Drive Commerce Township, MI 48390 Re: PROJECT NO. 50111, COOLEY LAKE ROAD RIPPLEWAY TO HAVENWOOD 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 a Bair, Managing Director. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, uictA,3thzt,z, Patricia Z. Wierzbicki Deputy-Secretary /Clerk of the Board Ism Enclosure cc: Dennis Lockhart Thomas G. Blust Thomas G. Noechel • • Tim Soave -7 t o'n5 62. 1.?orza..- ; 42,D-) TDD 248-645-9923 www.roocweb.org COST PARTICIPATION AGREEMENT PRELIMINARY ENGINEERING Cooley Lake Road Paving Rippleway to Havenwood Charter Township of Commerce BOARD Project Number 50171 This Agreement, made and entered into this 264-f& day of ilokUST , 2010, by and between the Board of Road Commissioners for the County of Oakland, Michigan, hereinafter referred to as the BOARD, and the Charter Township of Commerce, hereinafter referred to as COMMERCE, provides as follows: WHEREAS, the BOARD, COMMERCE, and in cooperation with the Charter Township of White Lake, hereinafter referred to as WHITE LAKE, have programmed the preliminary engineering for the gravel road paving of Cooley Lake Road from Rippleway to Havenwood Drive located along the border of COMMERCE and WHITE LAKE, as described in Exhibit "A", attached hereto, and made a part hereof, which improvements involve roads under the jurisdiction of the BOARD and within COMMERCE and WHITE LAKE, vvhich improvements are hereinafter referred to as the DESIGN; and WHEREAS, the estimated total cost of the DESIGN is $124,500 and WHEREAS, the BOARD shall enter into Contract Number 10-5474 with MDOT for partial funding of the DESIGN with Federal High Priority Project Funds, estimated to be $99,600, and WHEREAS, the BOARD, as the requesting party therein, will be the party financially responsible to MDOT to bear all costs of the DESIGN in excess of federal funds, hereinafter referred to as the LOCAL MATCH; and WHEREAS, said LOCAL MATCH involves certain designated and approved funding in accordance with the Tr-Party Program, in the amount of $6,225 for COMMERCE'S share of the DESIGN, and in the amount of $6,225 for WHITE LAKE'S share of the DESIGN, which amounts shall be paid through equal contributions by the BOARD, the Oakland County Board of Commissioners, hereinafter referred to a the COUNTY, COMMERCE and WHITE LAKE, respectively; in accordance with the Tri-Party Program as detailed in Exhibit A, and WHEREAS, the parties hereto have reached a mutual understanding regarding the cost sharing of the DESIGN 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 COMMERCE, WHITE LAKE, and the BOARD that 1. COMMERCE, WHITE LAKE, and the BOARD approve of the DESIGN, declare its public necessity, and authorize the BOARD to perform or cause to be performed, and complete the DESIGN along with all administration in reference thereto. 2. The BOARD shall enter into Contract 10-5474 with MDOT for partial funding of the DESIGN with federal funds, estimated in the amount of $99,600. 3. The BOARD shall contribute $12,450 to the total cost of the LOCAL MATCH. 4. COMMERCE'S share of the LOCAL MATCH shall be funded in accordance with the following: a. Tr-Party Program funding is not to exceed $6,225. b. Any LOCAL MATCH costs above the Tri-Party Program funding of $6,225 will be the responsibility of the BOARD. Upon execution of this Agreement, the BOARD shall submit an invoice to COMMERCE for $2,075 (being 100% of COMMERCE'S share of the estimated total DESIGN cost). 6. After execution of this Agreement the BOARD shall submit an invoice to the COUNTY for $2,075 (being 100% of the co(JNrrs share of the total estimated DESIGN cost) on August 4, 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 6/28/10.050171/COMMERCE/PE 2 By Its /0 7. Upon receipt of said invoice, COMMERCE and the COUNTY shall pay to the BOARD the full amount thereof, within thirty (30) days of such receipt. 8. The BOARD shall execute a separate Cost Participation Agreement with WHITE LAKE for their share of the estimated total DESIGN cost, 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 CHARTE . TOWNSHIP OF COMMERCE By Its 6/28110.#501711COMMERCE,PE 3 Preliminary Engineering -------- —Less Federal Funding LOCAL MATCH $124,500 (99.6001 L24.,A9s2Q EXHIBIT A TRI-PARTY PROGRAM 2010 County Supported Road Improvements Cooley Lake Road Paving Rippleway to Havenwood Drive Charter Township of Commerce BOARD PROJECT NO. 50171 The performance of preliminary engineering which may include, but is not limited to a field survey of the project, the development of a preliminary plan showing the proposed roadway design and pavement cross section, the identity of potential issues affecting the proposed paving, the preparation of a set of plans showing the existing conditions including property lines and rights of way, obtaining utility information and mapping it an the plans, the preparation of final plans and opinions of probable cost, obtaining soil borings in the project area, the preparation of specifications and bid documents and other related work necessary to develop the complete design. ESTIMATED DESIGN COST COST PARTICIPATION BREAKDOWN COMMERCE WHITE LAKE COUNTY ' BOARD TOTAL Tr-Party Program $ 2,076 0 $ 2075, $ 2,075 $ 6,225 Tr-Party Program 0 2,075 2,075 2,075 ' $ 6,225 Contribution 12,450 $ 12,450 -TOTAL SHARES ' $ 2,075 $ 2,075 $ 4,150 $ 16,600 $ 24,900 . . 2&1.#5O1711OMMERCUPE 4 Resolution #10222 September 1, 2010 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MR #10222) BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION — CHARTER TOWNSHIP OF COMMERCE — COOLEY LAKE ROAD— PROJECT NO. 50171 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 Tri elasignatedin-tha 3. _ • • • •—e o ' •: • •11 - signated-Fo-nd Balanoe-for Tri Party I 41' - • -•!••= " • -1 project 50171 preliminary engineering for the gravel road paving of Cooley Lake Road from Rippleway to Havenwood Drive. 4. Funding of $2,075 is available n 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 10100 9010101-196030-665882 Planned Use of Fund Balance Total Revenues Expenditures 10100-9010101-153010-740135 Tri Party Total Expenditures FY 2010 $4450 $2,075 $4-7-1-50 $2,075 $4450 $2,075 $4,16G $2,075 FINANCE COMMITTEE 4R43 erORE 9-6143-4a18414F - s • e . 11' . • • Dasie-Rated-F-u-n4-14a-la-Ree-te Re4v-200.8 jn September 23. 2010 Resolution #10222 Moved by Middieton supported by Long the resolution (with fiscal note attached) be adopted. Moved by Middleton supported by Long the fiscal note be amended to coincide with the recommendation by the Finance Committee as follows: 2. Unused--T-Fi-Pa-Wu-ndie-g-ef-$3 ;9267942-aeeuffitilated-fronci-Oak-iand--GeuRty-a-p-propfiations ham Y2009 and prier waa-retu-Fhed-ffern-RGOG-and-ie-d kaoseunt-#47-4-6004, project 50171 preliminary engineering for the gravel road paving of Cooley Lake Road from Rippleway to Havenwood Drive, 5. The FY 2010 budget be amended as follows: [19-140 General Fund #10100 Revenue 10100-9010101-196030-665882 Planned Use of Fund Balance Total Revenues Expenditures 10100-9010101-153010-740135 Tr-Party Total Expenditures A sufficient majority having voted in favor, the amendment carried. FY 2010 $47-1-60 $2,075 $4460 $2,075 $47460 $2,075 $471-60- $2,075 Vote on resolution: AYES: Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott. Taub, Woodward, Zack, Bullard, Burns, Capello. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was adopted. n•• I HEREBY / F IOR 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 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