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HomeMy WebLinkAboutResolutions - 2013.07.17 - 20889Chairperson, I move the adoption of the foregoing Resolution. Miscellaneous Resolution 413168 BY: Commissioner Michael J. Gingeli, District 1 RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2013 APPROPRIATION - CITY OF AUBURN HILLS - JOSLYN ROAD, COLLIER ROAD TO NORTH OF PACIFIC DRIVE - PROJECT NO. 50971 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 (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, as amended by Miscellaneous Resolution #10045, provides that any Oakland County appropitiation in support of the Tr-Party Road Imorovement 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 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.; and WHEREAS the City of Auburn 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 1/3 share of the funding for the project in the City of Auburn Hills and said appropriation has been transferred to a project account; and WHEREAS the City of Auburn Hills has demonstrated that it 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 50971 in the City of Auburn Hills is $100,000. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Auburn Hills and authorizes the release of Fri-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 City of Auburn Hills. or OAKLAND COUNTY Board of Road Commissioners Ronald J. Fowkes Commissioner Gregory C. Jamian Commissioner June 6,2013 Ms. Tern Kowa!, Clerk City of Auburn Hills 1827 N. Squirrel Road Auburn Hills, Ml 48326-2753 Re: Project No. 50971, Joslyn Road Collier Road -to North of Pacific Drive Dear Ms. Kowal: Eric S. Wilson Commissioner 1 Dennis G. Kolar, P. E.. Managing Director Gary Piofrowicz, P.E., P.T.O.E. Deputy Managing Director County Highway Engineer A fully signed and executed contract for the above-referenced project is enclosed. The agreement was approved and subsequently signed by Dennis G. Kolar, RE., Managing Director at the regularly scheduled Board meeting of Thursday, June 6, 2013, Please contact Thomas G. Noechel, Programming Supervisor at (248) 645- 2000 ext. 2266 to answer any questions or for additional information. Sincerely, 0 Patricia Z. Wierzbicki Deputy-Secretary /Clerk of the Board Clerk of the Board 31001 Lahser Road Beverly Hills, MI 48025 248-645-2000 FAX 248-645-1349 Enclosure cc: Dennis Lockhart Tom Blust Torn Noechel , 117 Soave www.reocweb.org fje Attachments Recommended for Board Approval /73 Thomas G. Blust, P.E. Director of Engineering 0' -for OAKLAN-B-C CEN TENN iAL 100 YEARS OF TRANSPORTATION EXCELLENCE Inter-Departmental Memorandum PROGRAMMING DIVISION DATE: May 24, 2013 To: Thomas G. Blust, P.E., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor SUBJECT: PROJECT NO. 50971, JOSLYN ROAD COLLIER ROAD TO NORTH OF PACIFIC DRIVE LOCAL COST PARTICIPATION AGREEMENT CITY OF AUBURN HILLS Attached for your review and submi,ssion tivthelagard for their approval is the local cost participation agreement with the City of Auburn Hills for the resurfacing of Joslyn Road from Collier Road to north:of Pacific Drive. Construction on this project is expected to begin in spring 2014. The estimated total cost of the project is $1,800,000 and will be partially funded with National Highway'Performance Program Funds estimated in the amount of $1,050,000. The Board will contribute $45g000 towaedltle local iatdb of $750,000 and the City of Auburn Hills will contribute $300,000,1 -Theyiave elected tO use the Tr-Party Program to fund their entire share. Our estiphated total share is $55Q000 and Is in the FY13 budget. i • • , The project is in the district ofriCioci- _,on-lrilisibiler4 is in our standard approved forrnaf,‘.apd f rrecorPrirr ro,e7'n1 Managing Director to executp the agremet,401e dial-4 J. -Gingen. The agreement trd approval and authorize the 4 COST PARTICIPATION AGREEMENT CONSTRUCTION Joslyn Road Collier to North of Pacific Drive City of Auburn Hills Board Project No. 50971 This Agreement, made and entered into this 6th day of 2013, by and between the Board of Road Commissioners for the County of Oakland, Michigan, hereinafter referred to as the BOARD, and the City of Auburn Hills, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD and the COMMUNITY, in cooperation with the Michigan Department of Transportation, hereinafter referred to as MDOT, have programmed the resurfacing of Joslyn Road from Collier Road to north of Pacific Drive, 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 PROJECT; and WHEREAS, he estimated total cost of the PROJECT is $1,800,000; and WHEREAS, the BOARD will enter into a contract with MDOT for partial funding of the PROJECT with federal program dollars under the National Highway Performance Program in the amount of $1,050,000; 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, the COMMUNITY'S share of said LOCAL MATCH involves certain designated and approved Tr-Party Program funding in the amount of $300,000, which 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, all 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, THER E FORE, 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: The COMMUNITY approves of the PROJECT, declares 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 and total payments to the contractor. 3. The estimated total LOCAL MATCH is $750,000 and shall be shared in the following Order: a. -Fri-Party Program funding in the amount of $300,000. b. The BOARD will contribute $450,000 toward the LOCAL MATCH. c. Any PROJECT costs above the Tr-Party Program funding of $300,000 and the BOARD contribution of $450,000 will be funded 100% by the BOARD. 4. Upon execution of this agreement, the BOARD shall submit an invoice to the COMMUNITY in the amount of $100,000 (being 100% of the COMMUNITY'S Tr-Party contribution), After execution of this agreement and approval by the COUNTY, the BOARD shall submit an invoice to the COUNTY in the amount of $100,000 (being 100% of the COUNTY'S Tr-Party contribution). Joslyn Road - 2 - City of Auburn Hills Project No. 50971 419/2013 6 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. 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. 7. Upon receipt of said invoice(s), the COMMUNI -IY and the COUNTY shall pay to the BOARD the full amount thereof, within thirty (30) days of such receipt. Joslyn Road - 3 - City of Auburn Hills Project No, 50971 4/9/2013 7 By By 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 Its Managing Director CITY OF AUBURN HILLS Its Assistant City Manager Its tr Seqr VI Joslyn Road - 4 - City'of Auburn Hills Project No. 50971 4/9/2013 8 $1,650,000 $150,000 ,050,000 750.000 EXHIBIT A TRI-PARTY PROGRAM Joslyn Road Collier Road to north of Pacific Drive City of Auburn Hills Board Project No. 50971 Resurfacing of Joslyn Road from Collier Road to north of Pacific Drive. Contractor Payments Construction Engineering Less Federal Funds Total Estimated Local Share ST PARTICIPATION BREAKDOWN FY2011 Tr-Party Program $22,573 $23,764 FY2012 Tr-Party Program ;18,178 $0 Joslyn Road City of Auburn Hills Project No. 50971 4/9/2013 9 Resolution #13168 June 13, 2013 The Vice-Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #13168) July 17, 2013 BY: Finance Committee, Tom Middleton. Chairperson IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2013 APPROPRIATION — CITY OF AUBURN HILLS — JOSLYN ROAD, COLLIER ROAD TO NORTH OF PACIFIC DRIVE - PROJECT NO. 50971 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). L. Funding of $100,000 is available in the General Fund Assigned Fund Balance for Tr-Party 2013 and prior funding (account #383510) for project 50971. 3. This project is for the resurfacing of Joslyn Road from Collier Road to north of Pacific Drive. 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 $100,000 $100,000 $100,000 $100,000 FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. Resolution #13168 July 17, 2013 Moved by Dwyer supported by Quarles the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (21) 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). FI EBY AP PRA,TEILSAE'SOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL. 40,55RA (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 July 17, 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 17th day of July, 2013. Lisa Brown, Oakland County