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HomeMy WebLinkAboutResolutions - 2011.01.20 - 103495L 11 ci. lotion #11007 BY: C .• Tim Creimel, District 11 RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2011 APPROPRIATION - CITY OF AUBURN HILLS - PROJECT NO. 49641 TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioner:• •as authorhzed tCc discretionary Tri-Party Road Improvement Program to assist •mmhd County's colt - fi11ages and townships (CVTs) with the construction, m intenance and rh o zir -f roads located within the boundaries of an Oakland Count, CV': and under the .•upervision, d'rection and control of che Road Coamtission for Oakland County; C nd WHEREAS Miscellaneous P-olution 409221 established the revised Tri-Party Road improvement Program - ' .J ill and Project Approval Process; and WHEREAS Miscellaneous Resolution 409221, as amended by Miscellaneous Resolution 410045, provides that any discretionary Oakland County appropriation in • ut . mt of the Tri-Party Road Improvement Program. shall be distributed only f:: . tha designated General Fund Tri-Party Program fund balance and may he made only after completion of all of the following: Thc Road Commission for Oakland County (RCOC) and an individual. city, village, or township (CVT) have identified a specific project and said project. js ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the furding for the project ano transferred said appropriation to a specific project account; and 3. The PITT has authorized its 1/2 share of the funding for tte project and. has executed a written contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits to the Board of Commissioners Finance Committed a resolution authorizing the , appropriation of the County's 1/3 snare of thE project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds may be released from the Tri-Party Program designation. account; and WHEREAS the City of Auburn Hills, along with the Read 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 appropriated its one-third (1/2) share of the funding for the identified project in the City of Auburn Hills and said appropriation has been transferred to a specific project account; and WHEREAS the City of Auburn Hills has demonstrated that it has authorized its one- tfOrd (1/3) share of the funding for the specified project and has executed a written contract for payment with the Road Commission for Oakland County; and WHEREAS Oakland County's one-third (1/3) share of the Fiscal Year 2011 authorized amount of Tr-Party Road improvement funding for the City of Auburn Hills is $85,167. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Auburn Hills as eligible for appropriation and authorizes the release of the specified In-Party Road Improvement Program funds from the Oakland County General Fund Designated Fund Balance. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Road Commission for Oakland Co -alley, Oakland County Fiscal Services and the City of Auburn Hills, Chairperson, I move the adoption of the foregoing Resolution. Tim Greimel, District 11 „. /sm Enclosure cc. Dennis Lockhart Tom Noechel Tom Blust Tim Soave F-: 24E4 ....4 !" 2.48-646-1349 TOO December 2, 2010 Ms. Linda Shannon, Clerk City of Auburn Hills 1827 North Squirrel Road :.uburn Hills, MI 48326-2753 Re: PROJECT NO. 49641 ADAMS ROAD SOUTH BOULEVARD TO AUBURN ROAD LOCAL COST PARTICIPATiON AGREEMENT Dear Ms. Shannon: 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, December 2, 2010. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. SAcerely, 1i> I , . . . F aincia Deputy-Secretary /Clerk of the Board COST PARTICIPATION AGREEiviiaNT CONSTRUCTION Adams Road South Boulevard to Auburn Road City of Auburn Hills BOARD Project Number 49641 This Agreement, made and entered into this 2.ic day of , 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 Auburn Hills, hereinafter referred to as AUBURN HILLS, provides as follows: WHEREAS, the BOARD in cooperation with the Michigan Department of Transportation, hereinafter referred to as MDOT, the City of Rochester Hills, hereinafter referred to as ROCHESTER HILLS and AUBURN HILLS have programmed the milling, asphalt resurfacing, installation of a center left turn lane and ADA upgrades on Adams Road from South Boulevard to Auburn Road, as described in Exhibit "A", attached hereto, and made a part hereof, which improvements involve roads under the jurisdiction of the BOARD and within AUBURN HILLS and ROCHESTER HILLS, which improvements are hereinafter referred to as the PROJECT; and WHEREAS, the estimated total cost of the PROJECT is $1,264,500; and WHEREAS, the BOARD shall enter into a contract with MOOT for partial funding of the PROJECT with federal program dollars under the Surface Transportation Program Fund in the amount of $539,000, and WHEREAS, the BOARD, as the requesting party therein, will 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, AUBURN HILLS' share of said LOCAL MATCH involves certain designated and approved Tr-Party Program Funds, in the amount of $255,500 which shall be comprised of equal contributions by the BOARD, AUBURN HILLS, and the Oakland County Board of Co i hereinafter referred to as the COUNTY, in accordance with the Tri-Party as detailed in Exhibit A; 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 AUBURN HILLS and the BOARD that: AUBURN HILLS approves of the PROJECT, declares its public necessity, and authorizes the BOARD and MDOT to perform or cause to be performed, and complete the PROJECT along with all administration in reference thereto. 2. The PROJECT shall include construction engineering, force account, right of way acquisition and total payments to the contractor. The BOARD shall enter into a contract with MDOT for partial funding of the PROJECT with federal funds, estimated in the amount of $539,000. 4. AUBURN HILLS' share of the estimated LOCAL MATCH of the PROJECT cost is $255,500 and shall be funded in accordance with the following: a. Tr-Party program funding is not to exceed $255,500. b. All costs of AUBURN HILLS' share of the LOCAL MATCH above the Tr- Party Program funding of $255,500 will be funded 100% by the BOARD. 5. ROCHESTER HILLS' share of the LOCAL MATCH, estimated in the amount of $255,500 shall be funded under a separate agreement with the BOARD. 6, After execution of this Agreement, the BOARD shall submit an invoice to AUBURN HILLS for $42,583.50 (being 50% of AUBURN HILLS' Tr-Party contribution) on April 1, 2011. U/28/2010 449641/CilyofAuburnHills/Adarns 7. After execution of this agreement the BOARD shall submit an invoice COUNTY on April 1, 2011 for $42 ;583,50 (being 50% of the COUNTY'S Tri-P contribution). a. The invoice shall be sent to: Mr. Tim Soave, Mcnager of Fiscal Services Executive Office Building 2100 Pontiac Lake Road, Building 41 West Waterford, MI 48328 As costs of the PROJECT are incurred, the BOARD shall invoice AUBURN HILLS for the remaining 50% of AUBURN HILLS' Tr-Party contribution, not to exceed $42 ;583.50. 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 $42,583,50. 10. Upon receipt of said invoices, AUBURN HILLS and the COUNTY shall pay to the BOARD the full amount thereof, within thirty (30) days of such receipt. 9128/2010 #49041/CityofAuburnHills/Adarns Managing Director By Its Its cc ei IN WiJr3 WHEREOF, the parties hereto have executed this Agreern:: and date 'first above. BOARD OF ROAD COMMISSIONERS FOR THE COUNTY OF OAKLAND A Public Body C.1.rporate City of Auburn Hills 9/28/20101149641/Cityo1AubumHills/Adarris 4 $1,264,500 .1530,0001 Contribution ibution 1.-Party Program F US n-Party Program TO SHARES COUNTY BOARD 0 $214,500 EXHIBIT A TRI-PARTYPRO GRAM 2010 County Supported Road Improvements Adams Road South Boulevard to Auburn Road City of Auburn Hills BOARD Project No. 49641 The milling, asphalt resurfacing, installation of a center turn lane and ADA upgrades on Adams Road from South Boulevard to Auburn Road. ESTIMATED PROJECT COST $1,050,000 157,500 7,000 Contractor Payments Construction Engineering Force Account Right of Way TOTAL Less Federal Funding LOCAL MATCH DISTRIBUTION OF LOCAL MATCH ROCHESTER AUBURN HILLS 1 HILLS 0 $ 0 I 255,500 0,751 1 30,751 54,4161 54,416 $ 255,500 I $ 85,167 $ 85,167 9,666 9128/2010 #40641/C2y0fAuburnl-lills/Adarris 5 Resolution #11007 January 5, 2011 The Chairperson referred the resolution to the Finance Committee. There were no objections. CE COMMITTEE FISCAL NOTE (MR #11007) January 20, 2011 BY; FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2011 APPROPRIATION —CITY OF AUBURN HILLS — PROJECT NO, 49641 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, 2010, the Board of Commissioners approved Miscellaneous Resolution #10312 which designated $3,764,945 in fund balance for the 2011 'Fri-Party program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $85,167 is available in the General Fund Designated Fund Balance for Tri Party 2011 and prior funding (account #371510) for project 49641; milling, asphalt resurfacing, installation of a center left turn lane and ADA upgrades on Adams Road from South Boulevard to Auburn Road. 3. The FY 2011 budget is amended as follows: General Fund # 10100 Revenue FY 2011 10100 9010101-196030-665882 Planned Use of Fund Balance $85,167 Total Revenues $85,167 Expenditures 10100-9010101-153010-740135 Tri Party $85,167 Total Expenditures $85,167 FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Woodward absent. Resolution #11007 January 20, 2011 Moved by Scott supported by Woodward the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). ACTING PURSUMT TO 1973 PA 139 STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Bill Bullard Jr., 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 January 20, 2011, 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 20th day of January, 2011. P.J2-0 ,94 Bill Bullard Jr., Oakland County