HomeMy WebLinkAboutResolutions - 2012.05.17 - 20221Chairsoz7 ,y moveXe adoatI.en of the forging Respluti,gn.
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Miscellaneous Resolution #12129
BY: Commissioners Jeff Matis, District 12; Angela N. River, District 11;
Robert Gosselin, District 13
RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR
2012 APPROPRIATION - CITY OF ROCHESTER HILLS - TIENKEN ROAD - PROJECT
NO. 48661
TO: Oakland County Hoard. 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 409221, 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 In-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 CVT has authorized its 1/3 share of the funding for the project
and has executed a. contract for payment with the RCOC; and
1. The Commissioner(s) representing the CV7 requesting the project
submits a resolution authorizing the appropriation of the County's
1/3 share of the project from the General Fund Designated Fond
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 Tr-Party Program designation account; and
WHEREAS the City of Rochester 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 Rochester Hills and said appropriation has
been transferred to a project account; and
WHEREAS the City of Rochester 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 RCOC; and
WHEREAS Oakland County's one-third (1/3) share of the Fiscal Year 2012
authorized amount of Tri-Rarty Road Improvement funding for the City . or
Rochester Hills is $116,667.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby approves the Project submitted by the City of Rochester Hills 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 reouested to forward
copies of this resolution to the Road Commission for Oakland County, Oakland
County Fiscal Services and the City of Rochester Hills.
Board of •Road Commissioners
J. 'Towkes
Corn/:oner
Gregory C. Jamien
Commissioner
Eric S. Wilson
Commissioner
Dennis G. Kolar, RE.
Managing Director
Gary Piotrowicz, P,E„, P.TO,E.
Deputy Managing Director
County Highway Engineer
=ROA
CONMS5101
for OAKLAND COUNTY
QUALITY LIFE THROUGH GOOD ROADS:
ROAD COMMISSION FOR OAKLAND COUNTY
"WE CARE." April 12, 2012
Ms. Jane Leslie, Clerk
City of Rochester Hills
1000 Rochester Hills Drive
Rochester Hills, MI 48309-3033
Re: PROJECT NO. 48661, TIENKEN ROAD
LIVERNOIS ROAD TO SHELDON ROAD
Dear Ms. Leslie:
A fully signed and executed agreement for the above mentioned project
is enclosed.
The agreement was approved and subsequently signed by Dennis G.
Kolar, FE., 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
31001 Lahser Road
Beverly Hills, MI
48025
248-645-2000
FAX
248-645-0452
TDD
248-645-9923
www.rcocweb.orq
Ism
Enclosure
cc: Dennis Lockhart
Tom Blust
Tom Noechel
Tim Soave
To: Thomas G. Blust, P.E.
Director of Engineering
FROM: Thomas G. Noechel
Programming Supervisor
ID ....A,
4=7,
Quality Life through Good Roads "We Care"
4=1==r,Ar Ct4
CCAIVA975:57t3"1
far OAK go COUNTY
Inter—Departmental Memorandum
PROGRAMMING DIVISION
SUBJECT: PROJECT NO 48661, TIENKEN ROAD
LIVERNOIS ROAD TO SHELDON ROAD
LOCAL COST PARTICIPATION AGREEMENT
DATE: April 3, 2012
Attached for your review and submission to the Board for their approval is the local cost
participation agreement with the City of Rochester Hills for the right-of-way acquisition
work along Tienken Road from Livernois Road to Sheldon Road. This section of
Tienken Road is currently scheduled for reconstruction and widening to three lanes in
2013.
The estimated total cost of $3,500,000 will be 80 percent funded from the Federal High
Priority Project Program. The remaining local share of $700,000 will be split equally
between the City of Rochester Hills and the Board. The City of Rochester Hills has
elected to use the Tr-Party to fund their $350,000 share. Our total estimated share is
$466,666 and is in the FY12 budget.
The project is in the district of County Commissioner Jeff Matis. 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 - Recommended for
Attachment (2)
Thornas G. Dust, RE.
Director of Engine3ri
COST PARTICIPATION AGREEMENT
RIGHT OF WAY ACQUISITION
Tienken Road
Livernois Road to Sheldon Road
City of Rochester Hills
Board Project No. 48661
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 Rochester Hills, hereinafter referred to as
the COMMUNITY, provides as follows:
WHEREAS, the BOARD, in cooperation with the Michigan Department of Transportation,
hereinafter referred to as MDOT, and the COMMUNITY have programmed the reconstruction
and widening of Tienken Road from Livernois Road to Sheldon 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 the COMMUNITY, which improvements are hereinafter
referred to as the RIGHT OF WAY; and
WHEREAS, right of way acquisition shall be necessary for the PROJECT; and
WHEREAS, the estimated total cost for right of way acquisition is $3,500,000; and
WHEREAS, the BOARD has entered into an agreement with MDOT in Contract No.
11-5687 for 80% funding of the right of way acquisition costs under the High Priority Project
Program up to, and shall not exceed, the amount of $2,800,000; and
WHEREAS, in said MDOT Contract the BOARD, as requesting party therein, is the party
financially responsible to MDOT to bear all of the right of way acquisition cost in excess of the
federal funds, hereinafter referred to as the LOCAL MATCH; and
WHEREAS, the COMMUNITY'S share of said LOCAL MATCH involves certain
designated and approved Tr-Party Program funding in the amount of $350,000, 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 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 COMMUNITY and the BOARD
that:
1. The COMMUNITY approves of the PROJECT, declares its public necessity, and
authorizes the BOARD and MDOT to forthwith undertake or cause to perform and
complete the acquisition of right of way.
2. The total actual acquisition is hereby defined as all costs necessary for the right of
way acquisition work including engineering, appraisals, acquisition, legal,
financing, the costs of technical guidance, monitoring, training and any other costs
as may be incurred by the BOARD and/or MDOT as a result of this Agreement.
3. The estimated total LOCAL MATCH is $700,000 and shall be shared equally by
the BOARD and the COMMUNITY as follows:
a. BOARD contribution of $350,000.
b. Tr-Party Program funds in the amount of $350,000.
c. Any RIGHT OF WAY costs above the Tr-Party Program funding of
$350,000 and the BOARD contribution of $350,000 will be funded equally
by the BOARD and the COMMUNITY.
4. Upon execution of this Agreement, the BOARD shall submit an invoice to the
COMMUNITY for $58,333 (being 50% of the COMMUNITY'S Tr-Party Program
contribution).
Tienken Road
City of Rochester Hills
Project No. 48661
2/16/2012
2
5. After execution of this Agreement, the BOARD shall submit an invoice to the
COUNTY for $58,333 (being 50% of the COUNTY'S Tr-Party Program
contribution) on May 2, 2012.
a. The invoice should 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 RIGHT OF WAY are incurred, the BOARD shall invoice the
COMMUNITY for the remaining 50% of the COMMUNITY'S Tr-Party contribution,
not to exceed $58,334.
7. As costs of the RIGHT OF WAY are incurred, the BOARD shall invoice the
COUNTY for the remaining 50% of the COUNTY'S Tr-Party contribution, not to
exceed $58,334.
8. The total actual amount of the LOCAL MATCH shall be determined from records
of the BOARD upon completion of state financial audits of the PROJECT, and a
final determination of the federal funds toward the PROJECT costs. Final
adjustments in the financial obligations of the parties hereto shall be made upon
completion of the required audits.
9. Upon receipt of said invoice(s), the COMMUNITY and the COUNTY shall pay to
the BOARD the full amount thereof, within thirty (30) days of such receipt.
Tienken Road
City of Rochester Hills
Project No. 48661
2/16/2012
3
By
Bryan K. Barn
RS Mayor
ne Leslie
RS Clerk
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
Its
Tienken Road
City of Rochester Hills
Project No. 48661
2/16/2012
4
Estimated Right of Way Acquisition Cost
Less High Priority Project Program
Estimated Total Local Match
$3,500,000
(2,800,000)
$ 700,000
EXHIBIT A
TRI—PARTY PROGRAM
RIGHT OF WAY ACQUISITION
Tienken Road
Livernois Road to Sheldon Road
City of Rochester Hills
Board Project No. 48661
The RIGHT OF WAY is hereby defined as all costs rieeussary for the right of way acquisition
work including engineering, appraisals, acquisition, legal, financing, the costs of technical
guidance, monitoring, training and any other costs necessary to complete the right of way
acquisition.
ESTIMATED RIGHT OF WAY COST
COST PARTICIPATION BREAKDOWN
COMMUNITY BOARD COUNTY TOTAL
FY11 Tr-Party Program $116,667 $116,666 $116,667 $350,000
Contribution $ 0 $350,000 0 $350,000 ,
TOTAL SHARES $116,667 $466,666 $116,667 $700,000
Tienken Road
City of Rochester Hills
Project No. 48661
2/16/2012
5
Resolution #12129 May 2, 2012
The Chairperson referred the resolution to the Finance Committee. There were no objections,
FISCAL NOTE (MISC. #12129) 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 THE ROCHESTER HILLS — TIENKEN ROAD — PROJECT
NO. 48661
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 $116,667 is available in the General Fund Designated Fund Balance for Tr-Party 2012
and prior funding (account #383510) for project 48661.
3. This project is for the reconstruction and widening of Tienken Road from Livernois to Sheldon.
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
$116,667
$116,667
$116,667
$116,667
(„F-ttiAt)IFE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Woodward and Quarles absent.
EBY efifiVE THE FOREGOING RESOLUTION
Resolution #12129 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).
TING PUR 7
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.
Ea„u,r) 094.
Bill Bullard Jr., Oakland County