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HomeMy WebLinkAboutResolutions - 2012.05.17 - 20216Chairperson, I move the adoption of the foregoing Resolutioh- t 01(i CA Angela._ r River, District Miscellaneous Resolution #12123 BY: Commissioner Angela N. River, District 11 RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION - CITY OF AUBURN HILLS - OPDYKE ROAD - PROJECT NO. 51361 TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tr-Parry Road Improvement Program to assist Oakland County's cities, villages and townships (CVIs) 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-Panty Program fund balance after completion of all of the following: I. 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 OTT has authorized its 1/3 share of the funding for the project 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 Tr-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds are released from the Ill-Party Program designation account; and WHEREAS the City of Auburn Hills, 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 City of Auburn Hills and said appropriation has been transferred 70 a project account; and WHEREAS the City of Auburn Hills 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 PCOC; 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 City of Auburn Hills is $9,167. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Auburn Hills one authorizes the release of Tr-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 City of Auburn Hills. Board of Road Commissioners Ronald J. Fawkes Commissioner Gregory C. jamian Commissioner Eric S. Wilson Commissioner Dennis G. Kolar, Managing Director Gary Plotrowicz, P,E„ P„T.O.E, Deputy Managing Director County Highway Engineer 31001 Lahser Road Beverly Hills, MI 48025 248-645-2000 FAX 248-645-0452 TDD 248-645-9923 www.rcocweb.orq 1=1=ZIROAD COV1115510N for OAKLAND COUN QUALITY LIFE THROUGH GOOD ROADS: ROAD COMMISSION FOR OAKLAND COUNTY "WE CARE." April 12, 2012 Ms. Linda Shannon, Clerk City of Auburn Hills 1827 N. Squirrel Road Auburn Hills, MI 48326-2753 Re: PROJECT NO. 51361, OPDYKE ROAD Dear Ms. Shannon: A fully signed and executed agreement for the above mentioned project is enclosed. The agreement was approved and subsequently signed by Dennis G. Kolar, P.E., Managing Director at the regularly scheduled Board meeting of Thursday, April 12, 2012. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, LC) (41G6-1(i.AL Patricia Z. Wierzbicki Deputy-Secretary /Clerk of the Board ism , \ „ Enclosure cc: Dennis Lockhart Tom Blust Tom Noechel Tim Soave Thomas G. Blust, RE. Director of Erigineerin 1 \ A , . ' ' Quality Life through Good Roads "We Care" =1740•4140 C4CPAftritri3:57C7Af or OAKLAND COUNTY Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: March 29, 2012 To: Thomas G. Blust, RE. Director of Engineering FROM: Thomas G. Noechel 7:din Programming Supervisor SUBJECT: PROJECT NO 51361, OPDYKE ROAD CITY OF AUBURN HILLS LOCAL COST PARTICIPATION AGREEMENT Attached for your review and submission to the Board for their approval is the local cost participation agreement with the City of Auburn Hills for the modernization of the traffic signal on Opdyke Road at Auburn Road. The Board will contribute $55,000 toward the estimated total cost of $110,000. The balance of $55,000 will be split equally between the City of Auburn Hills and the City of Pontiac. Both cities have elected to use the Tr-Party Program to fund their $27,500 shares. Our total estimated share is $73,332 and is in the FY12 budget. The project is in the district of County Commissioner Angela River. 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. TGN/je Attachment (2) Recommended for rd Approval 1-7 COST PARTICIPATION AGREEMENT Opdyke Road At Auburn Road City of Auburn Hills Board Project No. 51361 This Agreement, made and entered into this day of , 2012, 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, AUBURN HILLS, and the City of Pontiac, hereinafter referred to as PONTIAC, have programmed the modernization of the traffic signal on Opdyke Road at Auburn Road, a border road along the Cities of Auburn Hills and Pontiac, as described in Exhibit "A", attached hereto, and made a part hereof, which improvements involve roads under the jurisdiction of the BOARD, which improvements are hereinafter referred to as the PROJECT; and WHEREAS, the estimated total cost of the PROJECT is $110,000; and WHEREAS, said PROJECT involves certain designated and approved Tr-Party Program funding in the amount of $27,500, which amount shall be paid through equal contributions by the BOARD, AUBURN HILLS and the Oakland County Board of Commissioners, hereinafter referred to as the COUNTY; and WHEREAS, the BOARD shall enter into a separate cost participation agreement with PONTIAC for funding of their share of the PROJECT cost; and WHEREAS, the BOARD and AUBURN HILLS 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 AUBURN HILLS and the BOARD that: 1. AUBURN HILLS and PONTIAC approve of the PROJECT, declare 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. 2. The BOARD shall forthwith undertake and complete the PROJECT, as above described, and shall perform all engineering, inspection, and administration in reference thereto. 3. The PROJECT shall include total payments to the contractor. 4. The estimated total PROJECT cost of $110,000 shall be funded as follows: a. The BOARD will contribute $55,000 to the LOCAL MATCH. b. AUBURN HILLS has agreed to fund their portion of the LOCAL MATCH using Tr-Party Program funds in the amount of $27,500. c. Any PROJECT costs above the Tr-Party Program funding of $27,500 will be funded first with any available Tr-Party Program Funds. If no Tr-Party Program Funds are available, any PROJECT costs above $27,500 will be shared equally between AUBURN HILLS and PONTIAC. 5. Upon execution of this agreement, the BOARD shall submit an invoice to AUBURN HILLS in the amount of $4,584 (being 50% of AUBURN HILL'S Tr-Party contribution). 6. Upon execution of this agreement and after May 17,2012, the BOARD shall submit an invoice to the COUNTY in the amount of $4,584 (being 50% of the COUNTY'S Tr-Party contribution). Opdyke Road City of Auburn Hills Project No. 51361 3/22/2012 2- 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 7. As costs of the PROJECT are incurred, the BOARD shall invoice AUBURN HILLS for the remaining 50% of the COMMUNITY'S total contribution, not to exceed $4,583. 8. 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 $4,583. 9. Upon receipt of said invoice(s), AUBURN HILLS and the COUNTY shall pay to the BOARD the full amount thereof, within thirty (30) days of such receipt. 3 Opdyke Road City of Auburn Hills Project No. 51361 3/22/2012 Its (r-f 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 BY Z.Z31/22.-u0 qing Its CITY Y OF AUBURN HILLS By Its 4 Opdyke Road City of Auburn Hills Project No. 51361 3/22/2012 COUNTY PONTIAC $4,981 $ 4,981 $4,186 $ 4,186 TOTAL BOARD $ 4,981 $ 14,943 $ 4,185 $ 12,557 FY09 Tr-Party Program I $9,167 $ 9,167 $ 9,166 $ 27,500 $ Contribution I $ 0 $ 0 $55,000 $ 55,000 EXHIBIT A TRI-PARTY PROGRAM Opdyke Road At Auburn Road City of Auburn Hills Board Project No. 51361 Modernization of the traffic signal on Opdyke Road at Auburn Road. ESTIMATED PROJECT COST Contractor Payments $110,000 COST PARTICIPATION BREAKDOWN AUBURN HILLS FY06 Tri-Party Program I $ 0 , FY07 Tr-Party Program I $ 0 TOTAL SHARES $9,167 $9,167 $18,334 $73,332 $110,000 - 5 - Opdyke Road City of Auburn Hills Project No. 51361 3/22/2012 Resolution #12123 May 2, 2012 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #12123) May 17, 2012 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION — CITY OF AUBURN HILLS — OPDYKE ROAD — PROJECT NO. 51361 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 15, 2011, the Board of Commissioners approved Miscellaneous Resolution #11305 which designated $2,876,802 in fund balance for the Tr-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $9,167 is available in the General Fund Designated Fund Balance for Tr-Party 2012 and prior funding (account #383510) for project 51361. 3. This is a joint project with the City of Pontiac for the modernization of the Opdyke Road traffic signal at Auburn 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 9010101-153010-740135 Road Commission Tr-Party Total Expenditures FY 2012 $9,167 $9,167 $9,167 $9,167 FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Woodward and Quarles absent. Resolution #12123 May 17, 2012 Moved by Taub supported by Zack the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, 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). HEREBY APE° ACTING THE FOREGOING RESOLUTIO T 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 May 17, 2012, 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 17th day of May, 2012. pr_)2f2_ e Bill Bullard Jr., Oakland County