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HomeMy WebLinkAboutResolutions - 2010.09.23 - 10334Chairperson, I move the adoption of the foregoing Resolution. fE Runestad,-Gistiict Miscellaneous Resolution #10224 BY commissioner irn Runestad, District 6 RE: BOARD OF COMMISSIONERS - TRI -PARTY ROAD EMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION - CHARTER TOWNSHIP OF WHITE LAKE COOLEY LAKE ROAD - PROJECT NO. 50171 TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1972s, the Oakland County Board of Commissioners has .authrized the discretionary Tr-Party Road :mprovement Program to assist Oakland Couny'::4 cities, villages and townships YCNTs) with the construction, maintenane and repair of roads located wit.hin the boundaries of an Oakland County CV': and -,:nder the supervision, direction and control of the Road Commission for OkianO Coun•i • and WHEREAS Miscellaneous Resolution 409221 established the revised Tri-Part.y Road Improvement Program - Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution 1'09221, as amended by M1scel2anecas Resolution 410015, provides that any discretionary Oakland County appropriation in supper: of the Tri-Party Road :mprovement Program shall be distributed only from 7:le Jgnated 'General Fund Tr-Party Program fund balance and may be made only afer eemption 3r all of the following: lne Rc.s.d Commission for Oakland County (RCOC; anc an individual city, village, or township ),CVT) have identified a specific project and said project is ready to be cnaerzaken immediately; and 2. The RCOC has appropriated its 1/7i share of the funding for the protect and transferred said appropriation to a specific prc:',e7,-:= 3- The CV: has authorized its 1/2 share of the funding fer the pro2,et art has executed a written contract for payment with the RCCO; and 4. The Commissioner(s) representing the CVT reqpesting the prooc'.. stmit to tne Board of Commissioners Finance Committee a resolution autnorizing the appropriation of the 1/3 mare of the project from the General 'iunt Des.ignated Fono Ba:an•e for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds may be released from Tr:-Party Program designation account; and WHEREAS the Charter Township of White Lake, along with the Road Commissiohr for Cakland County nas identified a specific project and sait project is ready to Pe undertaken immediately; and WHEREAS the Road Commission for Oakland County has appropriated its one-tnird (i.rj.) share of the funding for the identified project the Charter Tewnship ci White Lake a.hd aici appropriation has been transferred to a specifi:i scceuxt; and WHEREAS the Charter Township of White Lake has demonstratod that it ha.:f authorized its one-third (1/3) share of the funding f3r the specified poject an6 has executed a wrAten contract for payment with the Road Commission for Oakland :,:ocnLy; and WHEREAS Oakland Conty's one•third (1/3) share of the Fiscal Year 21C authorized amount of Tr-Party Road Improvement funding for the Charter Township of Whit Lake is $ NOW THEREFORE BE IT RESOLVED that the Oakland County P,oard cf Cormissionei hereby approves the protect submitted by the Charter Township of White Lu:‹c- St eligible for appropriation and authorizes the release of the specified Tr-Ea':,y Roan Improvement Program_ funds from the Oakland County :neneral Fund Designated Fund Balance. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forwar copies of this adopted resolution to the Road Commission for Oakland County. Oakland County Fiscal Services and the Charter Township of White Lake. Mr. Tony Lilley, Clerk Charter Township of White Lake 7525 Highland Road White Lake, Ml 48383-2900 Re: PROJECT NO, 50171, COOLEY LAKE ROAD RIPPLEWAY TO HAVEN WOOD Dear Mr. Lilley: 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. Noechei, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, Board of Road Commissioners Gregory C. Jarnian Commissioner Richard G. Skarritt Commssonor Eric S. Wilson ComeriisnEv Brent 0. Bair Managing Director Dennis G. Kolar, P.E. Deputy Managing DirectEir County Highway Engineer 27..S Cie 31001 Lahser Road Beverly Hills. Ml 48025 248-645-2000 FAX 248-645-1349 TOD 248-645-9923 =ROAD rOMMISSION for OAKLAND COUNTY LAFE THRUI.G. C/000 ROAOS. "CAD COMMIESON FOP OhtS.AND WE CARE" August 26, 2010 7 . 4LAAL Patricia Z. Widrzbicki Deputy-Secretary /Clerk of the Board Ism Enclosure cc: Dennis Lockhart Thomas G. Blust Thomas G. Noechel ii $oirat www.rcodweb.org COST PARTICIPATION AGREEMENT PRELIMINARY ENGINEERING Cooley Lake Road Paving Rippleway to Havenwood Charter Township of White Lake BOARD Project Number 50171 This Agreement, made and entered into this ?At day of ilkiCrus-r 1 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 White Lake, hereinafter referred to as WHITE LAKE, provides as follows: WHEREAS, the BOARD, WHITE LAKE, and in cooperation with the Charter Township of Commerce, hereinafter referred to as COMMERCE, 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 "K, attached hereto, and made a part hereof, which improvements involve roads under the jurisdiction of the BOARD and within COMMERCE AND WHITE LAKE, which 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 Tri-Party Program, in the amount of $6,225 for WHITE LAKE'S share of the DESIGN, and in the amount of $6,225 for COMMERCE'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. WHITE LAKE'S share of the LOCAL MATCH shall be funded in accordance with the following: a. Tri-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. 5. Upon execution of this Agreement, the BOARD shall submit an invoice to WHITE LAKE for $2,075 (being 100% of WHITE LAKE'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 COUNTY'S 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 6128/1 0.#50171NetULC coley Lls/P E 2 7. Upon receipt of said invoice, WHITE LAKE 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 COMMERCE 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 ivia.n •41,0 ult ucior CHARTER TOWNS IP OF WHITE KE By .41 .- f 0 Its k11761rr'' do/f" 12N 6-, Its 6/28/10.#50171/WhtLicCooleyLlaPE 3 Preliminary Engineering Less Federal Funding LOCAL MATCH ; 24,900 $124,500 199_600) EXHIBIT A TRI-PARTY PROGRAM 2010 County Supported Road Improvements Cooley Lake Road Paving Rippleway to Havenwood Drive Charter Township of White Lake 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 on 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 -Tri-Party Program $ 2,075 . 0 $ 2,075 $ 2,075 $ 6,225 Tr-Party Program 2,075 2,075 2,075 $ 6,225 ' Contribution 0 ' 0 0 12,450 $ 12,450 TOTAL SHARES i-2,075 $ 2,075 $ 4,150 $ 16,600 $ 24,900 6/28/10.#50171MhtUcCooleylk/PE 4 Resolution #10224 September 1, 2010 The Chairperson referred the resolution to the Finance Committee, There were no objections. : •. : Ii? .• aktandr-Gu-Rty n-ed-fr-on,GC-and-is 509 designated H; th Expenditures 10100-9010101-153010-740135 Tri Party Total Expenditures $1,150 $2,075 $4-,449-$2,075 FISCAL NOTE (MR #10224) BY: FtNANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION - CHARTER TOWNSHIP OF WHITE LAKE COOLEY LAKE ROAD - PROJECT NO. 50111 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). 3, Tri Party 200: •e.'• e • • ' 71509) for project 50171 preliminary engineering for the gravel road paving of Cooley Lake Road from Rippieway to Havenwood Drive. 4. Funding of $2,075 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 $4450-$2,075 Total Revenues $4,150 $2,075 FINANCE COMMITTEE Cloionato41-Funci Balance tC D431 I HEREBY APPROV RESORITION September 23, 2010 Resolution #10224 Moved by Middleton supported by Runestad the resolution (with fiscal note attached) be adopted. Moved by Middleton supported by Runestad the fiscal note be amended to coincide with the recommendation by the Finance Committee as follows: 2--Unosed Tri Party tding ef $3,928,942-aeeumuleted-fFern COG-aFtd-i-s-Elesigneted in the County-Genera-I Fund (account #571509). 3—Funding of-$2,075 is dvailable-in-th-e-General-Fend 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: aeer-ear-eueri-s4FOFF [444(4-41.04.13 50-8-14G General Fund #10100 Revenue 10100-90'. 0101-196030-665882 Planned Use of Fund Balance Total Revenues Expenditures 10100-9(Y:0101-153010-740135 Tr-Party Total Expenditures A sufficient majority having voted in favor, the amendment carried. FY 2010 $4-,150 $2,075 $1,150 $2,075 $4T1-50—$2,075 $44•50—$2,075 Vote on resolution: AYES: Coulter, Douglas, Gershenson, Ginger!, Gosselin, Greimel, Hatehett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts. Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was 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 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'd day of September, 2010. Gat Ruth Johnson, County Clerk