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HomeMy WebLinkAboutResolutions - 2012.06.21 - 20269Miscellaneous Resolution #12165 BY: Commissioner Bob Hoffman, District 2 RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION - CHARTER TOWNSHIP OF HIGHLAND - 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 Fri-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 support of the Tri-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 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 Tr-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds are released from the Fri-Party Program designation account; and WHEREAS the Charter Township of Highland, -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 Highland and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Highland 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 Tr-Party Road. Improvement funding for the Charter Township of Highland is $5,020. NOW THEREFORE BE IT RESOLVED that the Oakland County Board. of Commissioners hereby approves the project submitted by the Charter Township of Highland 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 Highland, Chairperson, T move the adoption of the foregoing Resolution. Bob Hoffman, District 2 .Soard cef itryrnissioners Dert:i . , Gary 31001 Lahser Road Beverly Hills, MI 48025 248-645-2000 FAX 248-645-0452 TDD 248-645-9923 www.rcocweb.org 0 '2_ 004 l'41;AfISS/0, for ()MLA • cooly QUALITY LIFE THROUGH GOOD ROADS: ROAD COMMISSION FOR OAKLAND COUNTY "WE CARE." May 24, 2012 Mrs. Mary McDonell, Clerk Charter Township of Highland 205 N. John Street Highland, MI 48357 Re: PROJECT NO. 51142, COOLEY LAKE ROAD EAST OF DUCK LAKE ROAD TO MYSTIC VALLEY Dear Mrs. McDonell: 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, May 24, 2012. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, Patricia Z. VVierzbicki Deputy-Secretary /Clerk of the Board /sm Enclosure cc: Dennis Lockhart Tom Blust Tom Noechel Tim Soave Quality Life through Good Roads "We Care" A=TRadliAC °A/1'1W S 574:›Ar for OAKLAND COUNTY /je Attachments Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: May 15, 2012 To: Thomas G. Blust, P.E. Director of Engineering FROM: Thomas G. Noecher72)/4 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 Highland 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 Highland and they have elected to use $15,060 in Tr-Party Program funds along with a contribution of $4,940 to fund their $20,000 share. 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 the Board approve the agreement and authorize the Managing Director to execute the agreement on behalf of the Board. COST PARTICIPATION AGREEMENT CONSTRUCTION Cooley Lake Road East of Duck Lake Road to Mystic Valley Charter Township of Highland Board Project No. 51142 This Agreement, made and entered into this l'OrAik, day of )\.Ael , 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 Highland, hereinafter referred to as HIGHLAND, provides as follows: WHEREAS, the BOARD, HIGHLAND, 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 Commerce, hereinafter referred to as COMMERCE, 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, HIGHLAND'S share of said LOCAL MATCH involves certain designated and approved funding in accordance with the Tr-Party Program, in the amount of $15,060 which 2 amount shall be paid through equal contributions by the BOARD, HIGHLAND, 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 HIGHLAND and the BOARD that: 1. HIGHLAND, WHITE LAKE, MILFORD, AND COMMERCE 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. HIGHLAND has agreed to partially fund their $20,000 share of the LOCAL MATCH using Tr-Party Program funds in the amount of $15,060 along with a contribution of $4,940. 4. Upon execution of this agreement, the BOARD shall submit an invoice to HIGHLAND in the amount of $4,980 (being 50% of HIGHLAND'S Tr-Party contribution and 50% of HIGHLAND'S contribution). Cooley Lake Road Charter Township of Highland Project No. 51142 4/12/2012 5. After execution of this agreement and after May 17, 2012, the BOARD shall submit an invoice to the COUNTY in the amount of $2,510 (being 50% of the COUNTY'S Tr-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 6. As costs of the PROJECT are incurred, the BOARD shall invoice HIGHLAND for the remaining 50% of HIGHLAND'S total contribution, not to exceed $4,980. 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 $2,510. 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), HIGHLAND and the COUNTY shall pay to the BOARD the full amount thereof, within thirty (30) days of such receipt. 3 Cooley Lake Road Charter Township of Highland Project No. 51142 4/12/2012 4 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 CHARTER TOWNSHIP OF HIGHLAND f By Its Its A r/ Its Cooley Lake Road Charter Township of Highland Project No. 51142 4/12/2012 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 -5 EXHIBIT A TRI-PARTY PROGRAM Cooley Lake Road East of Duck Lake Road to Mystic Valley Charter Township of Highland 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 I 1 I MILFORD WHITE LAKE COMMERCE HIGHLAND COUNTY BOARD TOTAL FY10 Tr-Party $ 0 $ 0 $ 0 $5,020 $ 5,020 $ 5,020 $ 15,060 FY11 Tr-Party $ 0 $27,570 $ 0 $ 0 $ 27,571 $ 27,571 $ 82,712 FY12 Tr-Party $6,666 $25,763 $42,860 $ 0 $ 75,290 $ 75,291 $ 225,870 Local Match $ 0 $ 0 $31,418 $4,940 $ 0 $ 0 $ 36,358 Contribution $ 0 $ 0 $ 0 $ 0 $ 0 $700,000 $ 700,000 TOTAL SHARES $6,666 $53,333 $74,278 $9,960 $107,881 $807,882 $1,060,000 Cooley Lake Road Charter Township of Highland Project No. 51142 4/12/2012 Resolution #12165 June 7, 2012 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #12165) June 21, 2012 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION — CHARTER TOWNSHIP OF HIGHLAND — COOLEY LAKE ROAD — 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 $5,020 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 gravel road 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 $5,020 $5,020 $5,020 $5,020 FINANCE C9MMITTEE Ii i"),; FINANCE COMMITTEE Motion carried unanimously on a roll call vote. Resolution #12165 June 21, 2012 Moved by Crawford supported by Gershenson 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, Zack, Bosnic. (23) 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). ) J HEREBY APPROVE THE FOREGOING RESOLLTION ACTING PURL:.:„ 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 21, 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 21 st day of June, 2012. LO-1L1 1. Bill Bullard Jr., Oakland County