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Home My WebLink AboutResolutions - 2012.06.07 - 20256roerson, we move the adoption ofthe fo4ning Reso;fution. Cha Bob Hoffftran,/Otrict 2 Christie Long, Jrr;-<;nestad, District 6 Miscellaneous Resolution #12147 BY: Commissioners Christine Long, District 7; Bob Hoffman, District 2; Jim Ranestad, District 6 RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION - CHARTER TOWNSHIP OF COMMERCE - COOLEY LAKE ROAD - PROJECT NO, 51142 TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Fri-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 Tri-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 4. The Commissioner(s) represen t ing 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 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 $42,861. 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 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 Charter Township of Commerce. ,r) Ism r 4 .;211N1.5510Af or OA LAND COU QUALITY LIFE THROUGH GOOD ROADS: ROAD COMMISSION FOR OAKLAND COUNTY "WE CARE." April 26, 2012 En.qtri of Road Commissioners Mr. Dan Munro, Clerk Charter Township of Commerce 2009 Township Drive Commerce Township, MI 48390 Re: PROJECT NO. 51142, COOLEY LAKE ROAD EAST OF DUCK LAKE ROAD TO MYSTIC VALLEY Dear Mr. Munro: 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 26, 2012. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, LOL'uu Patricia Z.Viefibicki 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.org Enclosure cc: Dennis Lockhart Tom Blust Tom Noechel Tim Soave Attachment (2) 'ill elf 12- CA(' br / Quality Life through Good Roads "We Care" Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: April 18, 2012 To: Thomas G. Blust, P.E. Director of Engineering FROM: Thomas G. Noechel Programming Supervisor SUBJECT: PROJECT NO. 51142, COOLEY LAKE ROAD EAST OF DUCK LAKE ROAD TO MYSTIC VALLEY 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 the gravel road paving of Cooley Lake Road from east of Duck Lake Road to Mystic Valley. The estimated total cost of the project is $3,760,000 and will be partially funded with Federal Surface Transportation Program Funds estimated in the amount of $2,700,000. The Board will contribute $700,000 toward the local match of $1,060,000 and the remainder will be shared between the Charter Townships of Commerce, Highland, Milford, and White Lake. This agreement is with the Charter Township of Commerce and they have elected to partially fund their $160,000 share with $128,582 from the Tri-Party Program along with a contribution of $31,418. Our total estimated share is $807,882 and is in the FY12 budget. The project is in the districts of County Commissioners Bob Hoffman, Jim Runestad, and 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. TGN/je 494,440 41fJJa C COST PARTICIPATION AGREEMENT CONSTRUCTION Cooley Lake Road East of Duck Lake Road to Mystic Valley Charter Township of Commerce Board Project No. 51142 This Agreement, made and entered into this 1(i2---1/4k day of \.r-Q. , 2012, 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 COMMERCE, provides as follows: WHEREAS, the BOARD, COMMERCE, the Charter Township of White Lake, hereinafter referred to as WHITE LAKE, the Charter Township of Milford, hereinafter referred to as MILFORD, and the Charter Township of Highland, hereinafter referred to as HIGHLAND, in cooperation with the Michigan Department of Transportation, hereinafter referred to as MDOT, have programmed the gravel road paving of Cooley Lake Road from east of Duck Lake Road to Mystic Valley, 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 $3,760,000; and WHEREAS, the BOARD will enter into a contract with MDOT for partial funding of the PROJECT with federal program dollars under the Federal Surface Transportation Program fund in the amount of $2,700,000; 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, COMMERCE'S share of said LOCAL MATCH involves certain designated and approved funding rn accordance with the Tr-Party Program, in the amount of $128,582 which amount shall be paid through equal contributions by the BOARD, COMMERCE, and the Oakland County Board of Commissioners, hereinafter referred to as the COUNTY; and WHEREAS, all of 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 COMMERCE and the BOARD that: COMMERCE, WHITE LAKE, MILFORD, AND HIGHLAND approve of the PROJECT, declare its public necessity, and authorizes the BOARD and MDOT to perform or cause to be performed, and complete the PROJECT along with all administration in reference thereto. 2. The PROJECT shall include construction engineering, force account, and total payments to the contractor. 3. The estimated total LOCAL MATCH is $1,060,000 and shall be shared as follows: a. The BOARD shall contribute $700,000 toward the LOCAL MATCH. b. The remaining LOCAL MATCH amount of $360,000 shall be shared between the BOARD and the aforementioned communities, as detailed in Exhibit A. c. COMMERCE has agreed to partially fund their $160,000 share of the LOCAL MATCH using Tri-Party Program funds in the amount of $128,582 along with a / 4. Upon execution of this agreement, the BOARD shall submit an invoice to COMMERCE in the amount of $37,139 (being 50% of COMMERCE'S Tr-Party contribution and 50% of COMMERCE'S contribution). orc Ft"' 1-11‘' Cooley Lake Road Charter Township of Commerce Project No. 51142 3/19/2012 contribution of $31,418. 2- After execution of this agreement and after May 17, 2012, the BOARD shall submit an invoice to the COUNTY in the amount of $21,431 (being 50% of the COUNTY'S Tr-Party contribution). a. The invoice shall be sent to: tig i f6/ 6. As costs of the PROJECT are incurred, the BOARD shall invoice C6MMERCE for the remaining 50% of COMMERCE'S total contribution, not to exceed $37139. 7. 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 $21,430. 8. 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. 9. Upon receipt of said invoice(s), MILFORD and the COUNTY shall pay to the BOARD the full amount thereof, within thirty (30) days of such receipt. Mr. Tim Soave, Manager of Fiscal Services Executive Office Building 2100 Pontiac Lake Road, Building 41 West Waterford, MI 48328 3 Cooley Lake Road Charter Township of Commerce Project No. 51142 3/19/2012 By Its 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 e 41, Managing Director CHARTER TOWNSHIP OF COMMERCE By. Its s 40 el L 4 Cooley Lake Road Charter Township of Commerce Project No. 51142 3/19/2012 Contractor Payments Construction Engineering Force Account Less Federal Funds Total Estimated Project Cost $3,350,000 $ 375,000 $ 35,000 ($2,700,000) $1,060.000 MILFORD I WHITE LAKE COMMERCE HIGHLAND COUNTY I BOARD TOTAL FY10 Tr-Party FY11 Tr-Party $ 0 $ 0 $ 0 $27,570 $ 0 $ 0 $5,020 $ 0 $ 5,020 $ 5,020 $ 15,060 $ 82,712 $ 27,571 I $ 27,571 FY12 Tr-Party Local Match Contribution TOTAL SHARES $6,666 $ 0 $ 0 $6,666 $25,763 $ 0 $ 0 $53,333 $42,860 $31,418 $74,278 $ 0 $4,940 $9,960 $ 225,870 $ 36,358 $ 700,000 $1,060,000 $107,881 I $807,882 EXHIBIT A TRI-PARTY PROGRAM Cooley Lake Road East of Duck Lake Road to Mystic Valley Charter Township of Commerce Board Project No. 51142 Gravel road paving of Cooley Lake Road from east of Duck Lake Road to Mystic Valley. ESTIMATED PROJECT COST COST PARTICIPATION BREAKDOWN Cooley Lake Road Charter Township of Commerce Prlect No. 51142 3/19/2012 -5 Resolution #12147 May 17, 2012 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #12147) June 7, 2012 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION — CHARTER TOWNSHIP OF COMMERCE — COOLEY LAKE ROAD PROGRAM — PROJECT NO. 51142 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 $42,861 is available in the General Fund Designated Fund Balance for Tr-Party 2012 and prior funding (account #383510) for project 51142. 3. This project is for the paving of Cooley Lake road from east of Duck Lake Road to Mystic Valley. 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 $42,861 $42,861 $42,861 $42,861 1,111110E CgMMITTEE < FINANCE `.1,'OMMITTEE Motion carried unanimously on a roll call vote with Woodward, Long, Potts and Crawford absent. Resolution #12147 June 7, 2012 Moved by Nuccio supported by Zack the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). Discussion followed. AYES: Covey, Crawford, Dwyer, Gershenson, Gingen, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, 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 Consent Agenda be adopted (with accompanying reports being accepted.) I HEREBY APPROVE THE FOREGOING RESOLUTIO 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 June 7, 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 7 th day of June, 2012. FLU, g 094. Bill Bullard Jr., Oakland County