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Home My WebLink AboutResolutions - 2011.03.24 - 16678Miscellaneous Resolution #11055 BY: Commissioners Thomas F. Middleton, District 4; John A. Scott, District 5; Jim Runestad, District 6 RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2011 APPROPRIATION - CHARTER TOWNSHIP OF WATERFORD - PROJECT NO. 50771 TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the discretionary Tr-Party Road Improvement Program to assist Oakland County's cities, villages and townships (CVTs) with the construction, maintenance and repair of roads 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 Miscellaneous Resolution #09221 established the revised Tr-Party Road Improvement Program - Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution 910045, provides that any discretionary Oakland County appropriation in support of the Tr-Party Road Improvement Program shall be distributed only from thc designated General Fund Tr-Party Program fund balance and may be made only after completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and an individual city, village, or township (CVT) have identified a specific project and said project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a specific project account; and 3. The CVT has authorized its 1/3 share of the funding for the 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 Committee a resolution authorizing the appropriation of the County's 1/3 share of the project from the General Fund Designated Fund Balance for Tr-Party Program. The resolution shall be approved by the Fjnance Committee and the full Board before any funds may be released from the Tr-Party Program designation account; and WHEREAS the Charter Township of Waterford, along with the Road 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 (1/3) share of the funding for the identified project in the Charter Township of Waterford and said appropriation has been transferred to a specific project account; and WHEREAS the Charter Township of Waterford has demonstrated that it has authorized iLs one-third (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 Charter Township of Waterford is $ 84,500. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of,Waterfofd as eligible for appropriation and authorizes the release of the specified Tr-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 County, Oakland County Fiscal Services and the Charter Township o;I Waterford. 4persowe m f ,ove theAdoption of the fore-d#,,i-nd go -Re , 1 L4,1,1,', i i - -..-- 40, v.-..-- — .- admas F. Middleton, District 4 /John AZ Scot)..., DistrIct 5 . ( ,.... . . ,e- im Runesta , District COST PARTICIPATION AGREEMENT CONSTRUCTION Crescent Lake Road At M-59 Charter Township of Waterford BOARD Project Number 50771 This Agreement, made and entered into this 2,)_„11)... day of , 2011, 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 Waterford, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD and the COMMUNITY have programmed the construction of a right-turn lane on Crescent Lake Road at M-59 in the Charter Township of Waterford, as described in Exhibit "A", attached hereto, and made a part hereof, which improvements involve roads under the jurisdiction of the BOARD and within the COMMUNITY, which improvements are hereinafter referred to as the PROJECT; and WHEREAS, the estimated total cost of the PROJECT is $253,500; and WHEREAS, the said PROJECT involves designated and approved funding in accordance with the Tr-Party Program in the amount of $253,500 which amount shall be paid through equal contributions by the BOARD, the COMMUNITY and the Oakland County Board of Commissioners, hereinafter referred to as the COUNTY; and WHEREAS, the BOARD and the COMMUNITY have reached a mutual understanding regarding the cost sharing of the PROJECT 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 COMMUNITY and the BOARD that: The COMMUNITY approves of the PROJECT, declares its public necessity, and authorizes the BOARD to perform or cause to be performed, and complete the PROJECT along with all administration in reference thereto. I 2. The PROJECT shall include preliminary engineering, construction engineering, force account and total payments to the contractor. 3. The estimated total PROJECT cost of $253,500 shall be funded as follows: a. The Tri-Party Program funding is not to exceed $253,500. b. Any PROJECT costs above the Tr-Party Program funding of $253,500 will be funded first with any available Tr-Party Program Funds. If no Tri-Party Program Funds are available, any PROJECT cost above $253,500 will be funded 100% by the COMMUNITY. 4. Upon execution of this Agreement, the BOARD shall submit an invoice to the COMMUNITY for $42,250 (being 50% of the COMMUNITY'S total contribution). 5. After execution of this agreement the BOARD shall submit an invoice to the COUNTY for $42,250 (being 50% of the COUNTY'S Tr-Party contribution) on March 24, 2011. 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. As costs of the PROJECT are incurred, the BOARD shall invoice the COMMUNITY for the remaining 50% of the COMMUNITY'S total contribution, not to exceed $42,250. 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 $42,250. 8. 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. 1120111.#50771CrescentLK. WitrdTwp 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 Managing Director Charter Township of Waterford By Its e4-ez Its Tda,L1.5.72/ 1/20/11.#50771Crescent LK. WtfrdTwp $ 20,500 30,750 1,750 200,500 $253,500 EXHIBIT A TRI-PARTYPROGRAM 2011 County Supported Road Improvements Crescent Lake Road At M-59 Charter Township of Waterford BOARD Project No. 50771 The construction of a right-turn lane on Crescent Lake Road at M-59. ESTIMATED PROJECT COST Preliminary Engineering Construction Engineering Force Account Contractor Payments Total Estimated Project Cost COST PARTICIPATION BREAKDOWN Pr COMMUNITY COUNTY h BOARD TOTAL FY09 Tr-Party ogram i $ 84,500 $ 84,500 $ 84 TOTAL SHARES ,500 $253,500 $ 84,5001 84,500 $ 84,500 $253,500 1/20/11.#50771CrescentLK WtfrdTwp 4 Resolution #11055 March 9, 2011 The Chairperson referred the resolution to the Finance Committee. There were no objections. ',IINI4NCE COMMITTEE Tri Party U4,500 $84,500 FISCAL NOTE (MISC. #11055) March 24, 2011 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2011 APPROPRIATION —CHARTER TOWNSHIP OF WATERFORD — PROJECT NO. 50771 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 Tr-Party program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $84,500 is available in the General Fund Designated Fund Balance for Tri Party 2011 and prior funding (account #371510) for project 50771 3. This project is for the construction of a right-turn lane on Crescent Lake Road at M-59. 4. The FY 2011 budget is amended as follows: General Fund # 10100 Revenue FY 2011 9010101-196030-665882 Planned Use of Fund Balance $84,500 Total Revenues $84,500 Expenditures 9010101-153010-740135 Total Expenditures FINANCE COMMITTEE Motion carried unanimously on a roll call vote. Resolution #11055 March 24, 2011 Moved by Quarles supported by McGillivray the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Bosnic, Covey, Crawford. (23) 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). I HEREBY A'i);fiOVE THE FOREGOING R7OWTION ACTING PURSUANT TO 1973 PA 129 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 March 24, 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 24th day of March, 2011. LQ1uI 4,94 Bill Bullard Jr., Oakland County