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HomeMy WebLinkAboutResolutions - 2012.05.17 - 20217Chairperson, I move the adoption of fjele fo egoingfResolu 7o McKinxey ikutche sgrlct 10 Miscellaneous Resolution #12121 BY: Commissioner Mattie McKinney Hatchett, District 10 RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION - CITY OF PONTIAC - 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 Tri-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 409221 established the revised Tri-Party Road Improvement Program. - Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution 409221, as amended by Miscellaneous Resolution 410045, provides that any Oakland County appropriation in suppert of the Tri-Party Road Improvement Program shall be distributed only from the designated General Fund Tri-Party Program fund balance after completion of all of the following: 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 CVT 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 Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds are released from the Tri-Party Program designation account; and WHEREAS the City of Pontiac, 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 Pontiac and said appropriation has been transferred to a project account; and WHEREAS the City of Pontiac 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 City of Pontiac is $9,167. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Pontiac and 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 Pontiac. Board of Road Commissioners Ronald J. Fawkes Commissioner Gregory C. Jamian Commissioner Eric S. Wilson Commissioner Dennis G. Kolar, PE. 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.org for OAKLAND COUNTY QUALITY LIFE THROUGH GOOD ROADS: ROAD COMMISSION FOR OAKLAND COUNTY WE CARE." April 12, 2012 Ms, Yvette Talley, Clerk City of Pontiac 47450 Woodward Avenue Pontiac, MI 48342-2271 Re: PROJECT NO. 51361, OPDYKE ROAD Dear Ms. Talley: 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, Patricia Z. Wierzbicki Deputy-Secretary /Clerk of the Board /sm Enclosure cc: Dennis Lockhart Tom Blust Tom Noechel Tim Soave Quality Life through Good Roads "We Care" 51742041.7 WIrdr5rSif420V for OAKLAND COUNTY Inter•Departmental Memorandum PROGRAMMING DIVISION DATE: March 29, 2012 To: Thomas G. Blust, P.E. Director of Engineering FROM: Thomas G. Noechel T-4 14 Programming Supervisor SUBJECT: PROJECT NO 51361, OPDYKE ROAD CITY OF PONTIAC 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 Pontiac 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 Matte McKinney_ltatchett. 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) , t A COST PARTICIPATION AGREEMENT Opdyke Road At Auburn Road City of Pontiac Board Project No. 51361 This Agreement, made and entered into this 12.-+k _ day of ik--PEit— , 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 Pontiac, hereinafter referred to as PONTIAC, provides as follows: WHEREAS, the BOARD, PONTIAC, and the City of Auburn Hills, hereinafter referred to as AUBURN HILLS, 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, PONTIAC 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 AUBURN HILLS for funding of their share of the PROJECT cost; and WHEREAS, the BOARD and PONTIAC 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 PONTIAC 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. PONTIAC 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 PONTIAC in the amount of $4,584 (being 50% of PONTIAC'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 Pontiac 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 PONTIAC for the remaining 50% of PONTIAC'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 Tri-Party contribution not to exceed $4,583. 9. Upon receipt of said invoice(s), PONTIAC and the COUNTY shall pay to the BOARD the full amount thereof, within thirty (30) days of such receipt. 3 Opdyke Road City of Pontiac Project No. 51361 3/22/2012 By S N 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 Kianac,ii--iG Director Its CITY OF PONTIAC Its tANN By Its 4 Opdyke Road City of Pontiac Project No. 51 361 3/22/2012 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 PONTIAC COUNTY BOARD TOTAL HILLS FY06 Tr-Party Program $ 0 $4,981 $ 4,981 $ 4,981 $ 14,943 FY07 Tr-Party Program $ 0 $4,186 $ 4,186 $ 4,185 $ 12,557 FY09 Tr-Party Program $9,167 $ 0 $ 9,167 $ 9,166 $ 27,500 Contribution $ 0 $ 0 $ 0 $551000 $ 55,000 TOTAL SHARES $9,167 $9,167 $18,334 $73,332 $110,000 Opdyke Road City of Pontiac Project No, 51361 3/22/2012 .nnn - 5 - Resolution #12121 May 2, 2012 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #12121) 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 PONTIAC — 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 Auburn Hills 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 E1N4NCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Woodward and Quarles absent. Resolution #12121 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). BY APPROVE NE PORF.60IkG\ RESOLUTION ACTING PURSUANT 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 17 th day of May, 2012. P,u212_ , (p4 Bill Bullard Jr., Oakland County