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Home My WebLink AboutResolutions - 2013.05.22 - 20884Miscellaneous Resolution 4 13114 BY: Commissioner Michael Spisz, District 3 RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2013 APPROPRIATION - CHARTER TOWNSHIP OF OAKLAND - GRAVEL ROAD PROGRAM, VARIOUS ROADS - PROJECT NO. 51762 TO: Oakland County Board 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 (("VTs) 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, 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 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 pro j ect 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; and WHEREAS the Charter Township of Oakland, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its 1/3 share of the funding for the project in the Charter Township of Oakland and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Oakland has demonstrated that i has authorized its 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 2013 authorized amount of Tr-Party Road. Improvement funding for Project 51762 in the Charter Township of Oakland is $21,729. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Oakland and authorizes the release of Tr-Party Road. Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED additional project costs, not greater than 15% from the original agreement, which are consistent with the project as originally approved, will be paid when invoiced and appropriated in the quarterly forecast resolution. BE IT FURTHER RESOLVED that additional project costs exceeding 15% of the original agreement will require a separate Finance Committee resolution. 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 Oakland. Chairperson, I move the adoption of the foregoing Resolution. Sincerely, Patricia ZINierzbicki Deputy-Secretary /Clerk of the Board Clerk of the Board 31001 Lahser Road Beverly Hilts, Ml 48025 248-645-2000 FAX 248-645-1349 cc: Dennis Lockhart Tom Blust Tom Noechel Tim Soave• 100 YEARS OF TPANSPOECIATION EXCELLENCE Board of Road Commissioners Ronald J. Fawkes Commissioner Gregory C. jamian Commissioner April 11,2013 Eric S. Wilson Commissioner Dennis G. Kolar, P.E Managing Director Gary Piotrowicz, P.E., Deputy Managing Director County Highway Engineer Ms. Karen Reilly, Clerk Charter Township of Oakland 4393 Collins Road Rochester, MI 48306-1670 Re: Project No. 51762, 2013 Gravel Road Program Various Roads Local Cost Participation Dear Ms. Reilly: A fully signed and executed contract for the above-referenced project i enclosed. The agreement was approved and subsequently signed by Dennis C. - RE., Managing Director at the regularly scheduled Board meeting of Thursday, April 11,2013. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645- 2000 ext. 2266 to answer any questions or for additional information. CENTENNIAL. 16411WAIMI 1913 for OAKLAND COUNTY 2O 13 100 YEARS OF TRANSPOFCIATION EXCELLENCE Inter-Departmental Memorandum PROGRAMMING DIVISION DATE: April 3, 2013 Thomas G. Blust, P.E., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor SUBJECT: PROJECT NO. 51762,2013 GRAVEL ROAD PROGRAM VARIOUS ROADS LOCAL COST PARTICIPATION AGREEMENT CHARTER TOWNSHIP OF OAKLAND Attached for your review and submission to the Board for their approval is the local cost participation agreement with the Charter Township of Oakland for the spreading of gravel and chloride on various roads within the Township. The Charter Township of Oakland has elected to use the Tr-Party Program to fund the estimated total project cost of $65,186. Our share is estimated to be $21,728 and is in the FY13 budget. The project is in the district of County Commissioner Michael Spisz. 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. /je Attachments Recommended for Board Approval / Thomas G. Biust, P.E. Director of Engineering COST PARTICIPATION AGREEMENT 2013 GRAVEL ROAD PROGRAM Charter Township of Oakland Board Project No. 51762 This Agreement, made and entered into this day of \-)R , 2013, 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 Oakland, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD and the COMMUNITY have agreed to program the spreading o f gravel and chloride on various roads under the jurisdiction of the BOARD, as described in Exhibit "A", attached hereto, and made a part hereof, the roads selected will be mutually agreed upon by the BOARD and the COMMUNITY, which are hereinafter referred to as the PROJECT; and WHEREAS, the estimated total cost of the P'',2•:.:NalECT is $65,Th6; a WHEREAS, the PROJECT involves certain designated and approved Tri-Party Program funding in the amount of $65,186 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 COUI\l'IY; and WHEREAS, the COMMUNITY and the BOARD have reached a mutual understanding regarding the cost sharing of the PROJECT and wish to commit that understanding to writing in the Agreement. NOW, THEREFORE, in consideration of the mutual covenants .set forth herein, it is hereby agreed between the COMMUNITY and the BOARD that: The BOARD shall forthwith undertake and complete the PROJECT, as above described, and shall perform all engineering, inspection and administration in reference thereto. 2. The actual total cost of the PROJECT shall include total payments to the contractor, a The estimated total PRMFM- cost of $65,186 shall be funded in the following order: a Tr-Party Program funding in the amount of $65,186. b. Any PROJECT costs above the Tr-Party Program funding of $65,186- will be funded first with any available Tr-Party Program funds. ft no Tri-Party Program funds are available, any PROJECT costs above $65,186 will be funded 100% by the COMMUNITY. 4. Upon execution of this Agreement, the BOARD shall submit an invoice to the COMMUNITY in the amount of $21,729 (being 100% of the COMMUNITY'S Tr-Party contribution). 5. Upon execution of this agreement and approval by the COUNTY, the BOARD shall submit an invoice to the COUNTY in the amount of $21,729 (being 1-00% 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. 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. 2013 Gravel Road Program Charter Township of Oakland Project No. 51762 317/2013 -2- 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 11 2 Its Mana irActnr CHARTER TOWNSHIP OF OAKLAND BY Its 2013 Gravel Road Program Charter Township of Oakland Project No. 51762 3f7/2013 - 3 - ITOTAL SHARES EXHIBIT A TRI-PARTY PROGRAM 2013 'Gravel 'Road Program Charter Township of Oakland Board Project No. 51762 Spreading of gravel arid chloride on various roads within the township. ESTIMATED PROJECT COST Contractor Payments $65,186 COST PARTICIPATION BREAKDOWN COMMUNITY I COUNTY 1 BOARD TOTAL FY12 Add`l Tr-Party Program $1,177 $1,1 t178 IFY13 Tri-Party Program 20,552 $20,551 $20,550 $61,6.53 21,729 $21,729 $21,728 $65,186 2013 Gravei Road Program Charier Township of Oakland Project No. 51762 31712013 Resolution #13114 May 9, 2013 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #13114) May 22, 2013 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2013 APPROPRIATION — CHARTER TOWNSHIP OF OAKLAND — GRAVEL ROAD PROGRAM, VARIOUS ROADS - PROJECT NO. 51762 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 13, 2012, the Board of Commissioners approved Miscellaneous Resolution #12322 which assigned $3,000,000 in fund balance for the Tr-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $21,729 is available in the General Fund Assigned Fund Balance for Tr-Party 2013 and prior funding (account #383510) for project 51762. 3. This project is for the spreading of gravel and chloride on various roads. 4. The resolution allows for additional project costs not greater than 15% from the original agreement, which is consistent with the project as originally approved, to be paid when invoiced and appropriated in the quarterly forecast resolution. 5. Additional project costs exceeding 15% of the original agreement will require a separate Finance Committee resolution to appropriate the additional Oakland County share of the project costs prior to payment. 6. The FY 2013 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 2013 $21,729 $21,729 $21,729 $21,729 pNNCE CONLMITk_E I it.r:14xe- FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Woodward, Matis and Quarles absent. Resolution #13114 May 22, 2013 Moved by Spisz supported by Quarles the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPFlOVE -01-liS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, 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 22, 2013, 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 22nd day of May, 2013. Lisa Brown, Oakland County