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HomeMy WebLinkAboutResolutions - 2011.10.20 - 18755Christine tong, District 7 Miscellaneous Resolution #11245 BY: Commissioner Christine Long, District 7 RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION - CHARTER TOWNSHIP OF COMMERCE - COMMERCE ROAD - PROJECT NO. 50131 TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tr-Party Road Improvement Program to assist Oakland County's cities, villages and townships (CVTs) with the construction, maintenance and repair of roads 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 #10045, provides that any Oakland County appropriation in support of the Tr-Party Road Improvement Program shall be distributed only from the designated General Fund Tr-Party Program fund balance after completion of all of the following: 1] The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have identified a project and the 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 project account; and 3. The CV-T has authorized its 1/3 share of-the funding for-the Troject and has executed a contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits a resolution authorizing the appropriation of the County's 1/3 share 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 are released from the Tr-Party Program designation account; and WHEREAS the Charter Township of Commerce, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the Charter Township of Commerce and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Commerce has demonstrated that it has authorized its one-third (1/3) share of the funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County's one-third (1/3) share of the Fiscal Year 2012 authorized amount of Tri-Party Road Improvement funding for the Charter Township of Commerce is $42,816. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Commerce and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the Charter Township of Commerce. Chairperson, I move the adoption of the foregoing Resolution. Mr. Dan Munro, Clerk Charter Township of Commerce -Tc 2009 Township Drive Commerce Township, Ml 48390 Re: PROJECT NO. 60131, COMMERCE ROAD S COMMERCE ROAD TO UNION LAKE ROAD Dear Mr. Munro: 0 A fully signed and executed agreement for the above mentioned project i; is enclosed. The agreement was approved and subsequently signed by Brent 0. Bair, Managing Director at the regularly scheduled Board meeting of Thursday, September 1, 2011. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000, ext. 2266 to answer questions or for additional information. Dennis G. Kolar, P.E Deputy Managing Director County Highway Engineer Board of Road Commissioners Ronald J. Fowkes Commissioner Gregory C. Jarnian Commissioner Eric S. Wilson Commissioner Brent O. Bak Managing Director 31001 Lahser Road Beverly Hills, MI 48026 248-645-2000 FAX 248-645-0452 TDD 248-645-9923 www,svcrcvieb..nim QUALITY LIFE THROLGI-I GOOD ROADS: ROAD COMMISSION FOR OAKLAND COUNTY WE CARE' September 1, 2011 Sincerely, bitu,_ALZAL Patricia Z. Wierzbicki Deputy-Secretary /Clerk of the Board is m Enclosure cc: Dennis Lockhart Tom Blust Tom Noechel Tim Soave Quality Life through Good Roads "; 7e Care" inter—Departmental Memorandum PROGRAMMING DIVISION DATE: August 17,2011 To: Thomas G. Blust, RE. Director of Engineering FROM: Thomas G. Noeche[ Programming Supervisor SUBJECT: PROJECT NO. 50131, COMMERCE ROAD S. COMMERCE ROAD TO UNION LAKE ROAD LOCAL COST PARTICIPATION AGREEMENT Attached for your review and submission to the Board for their approval is the local cost participation agreement with the Charter Township of Commerce for milling and asphalt resurfacing with a center turn lane and a signal upgrade on Commerce Road from S. Commerce Road to Union Lake Road. The estimated total project cost is $1,882,000 and will be partially funded with Surface Transportation Program funds in the amount of $1,370,000. The remaining local match of $512,000 will be funded with $128,448 in Tri-Party funds, a $42,552 contribution from Commerce Township and a $341,000 contribution by the Board. Our total share is $383,816 and is in the FYI 1 budget. The project is in the district of County Commissioner Christine Long. The agreement is in our standard approved format, and I recommend Board approval and authorize the Managing Director to execute the agreement on behalf of the Board. t t-r TGN/je Attachment (2) COST PARTICIPATION AGREEMENT CONSTRUCTION Commerce Road S. Commerce Road to Union Lake Road Charter Township of Commerce BOARD Project Number 50131 This Agreement, made and entered into this \.A-k" day of Si-TifEAVv9sU__ , 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 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 milling and asphalt resurfacing with a center turn lane and a signal upgrade on Commerce Road from S. Commerce Road to Union Lake Road, 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 cost of the PROJECT is $1,882,000; and WHEREAS, the BOARD shall enter into a contract with IVIDOT for partial funding of the PROJECT with federal program dollars under the Federal Surface Transportation Program Fund; 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, said LOCAL MATCH involves certain designated and approved Tri-Party Program Funds, in the amount of $128,448 which shall be comprised of equal contributions by the BOARD, the COMMUNITY, and the Oakland County Board of Commissioners, hereinafter referred to as the COUNTY, in accordance with the Tr-Party Program 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 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 contract with MOOT for partial funding of the PROJECT with Federal Surface Transportation Program funds, estimated in the amount of $1,370,000. b. The BOARD shall contribute $341,000 ($170,000 in construction engineering and $171,000 for contractor payments) to the cost of the LOCAL MATCH. c. The COMMUNITY shall contribute $42,552 and use $128,448 in Tr-Party Program funds to fund their share of the cost of the LOCAL MATCH. d. All LOCAL MATCH costs above the COMMUNITY contribution of $42,552 and the $128,448 in Tri-Party Program Funds will be the responsibility of the BOARD. e. After execution of this agreement, the BOARD shall submit an invoice to the COMMUNITY for $21,408 (being 50% of their Tr-Party contribution) and $21,276 (being 50% of their non Tr-Party contribution). 8/3111#50131/Commerce Rd./Cons After execution of this agreement, the BOARD shall submit an invoice to the COUNTY on September 30, 2011 for $21,408 (being 50% of their Tri-Party contribution). 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 4. As costs of the PROJECT are incurred, the BOARD shall invoice the COMMUNITY for the remaining 50% of the COMMUNITY'S Tr-Party contribution, not to exceed $21,408 and for the remaining 50% of the COMMUNITY'S non Tr- Party contribution, not to exceed $21,276. 5. 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 $21,408. 6. The total actual LOCAL MATCH will be determined from the records of the BOARD upon completion of State financial audits of the PROJECT and a final determination of the total federal funds used on the PROJECT. Final adjustments in the financial obligations of the parties hereto will be made upon completion of the required audits 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. 8/3111#501311Commerce Rd./Const 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 Charter Township of Commerce By Its r r..,.4.3‹ 14 i‘e cetv Is le- 8/3/1 1#50131/Commerce Rd./Const Construction Engineering Contractor Payments TOTAL Less Federal Funding LOCAL MATCH $ 170,000 $1,712,000 $1,882,000 (1,370,000) $ 512R00 EXHIBIT A TRI-PARTYPROGRAM 2011 County Supported Road Improvements Commerce Road S. Commerce Road to Union Lake Road Charter Township of Commerce BOARD Project No. 50131 The resurfacing of Commerce Road from S. Commerce Road to Union Lake Road. ESTIMATED PROJECT COST COST PARTICIPATION BREAKDOWN COMMUNITY BOARD COUNTY TOTAL FY 2010 Tri-Party Program $ 1,081 $ 1,081 ,082 $ 3,244 FY 2011 Tr-Party Program 41,735 41,735 41,734 $ 125,204 Contribution 42,552 341,000 0 $ 383,552 TOTAL SHARES 85,368 $383,816 $42,816 $ 512,000_ 8/3/11#50131/Commerce Rd./Const Resolution #11245 October 5, 2011 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #11245) October 20, 2011 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION — CHARTER TOWNSHIP OF COMMERCE — COMMERCE ROAD — PROJECT NO. 50131 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 Miscellaneous 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 Tr-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $42,816 is available in the General Fund Designated Fund Balance for Tr-Party 2012 and prior funding (account #371510) for project 50131. 3. This project is for the milling and asphalt resurfacing with a center turn lane and signal upgrade on Commerce Road from South Commerce to Union Lake Road. 4. The FY 2012 budget be amended as follows: General Fund #10100 Revenue 9010101-196030-665882 Planned Use of Fund Balance Total Revenues Expenditures 90101 01-1 53010-740135 Road Commission Tr-Party Total Expenditures FY 2012 $42,816 $42,816 $42,816 $42,816 FINANCE CO4n A ITTEE I,..-----, , - FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Long, Greimel and Quarles absent. Resolution #11245 October 20, 2011 Moved by Taub supported by McGillivray the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). I rREBY APPROVE THEJOREGOINPESOLUTI 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 October 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 20 th day of October, 2011. ELa Bill Bullard Jr., Oakland County