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Home My WebLink AboutResolutions - 2013.08.01 - 20926Miscellaneous Resolution #13196 BY: Commissioner Jeff Mattis, District 15 RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 9013 APPROPRIATION - CITY OF ROCHESTER HILLS - TIENKEN ROAD, ROCHESTER ROAD TO SHELDON ROAD - PROJECT NO. 51731 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 appropriation in support of the Tri-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 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 11.. eeeee 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 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 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County's 1/3 share of the l 2013 Tr-Party Road Improvement funding for Project 51731 in the City of Rochester Hills is $76,015. 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 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 orioinal 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 Rochester Hills. Chairperson, I move the adoption of the foregoing Board of Road Commissioners Ronald J. Fawkes Commissioner Gregory C. Jamian Commissioner June 20, 2013 Eric S. Wilson Commissioner Ms. Jane Leslie, Clerk City of Rochester Hills 1000 Rochester Hills Drive Rochester Hills, Ml 48309-3033 Re: Project No. 51731, Tienken Road Rochester Road to Sheldon Road Dear Ms. Leslie: A fully signed and executed contract for the above-referenced 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, June 20, 2013. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645- 2000 ext. 2266 to answer any questions or for additional information. Sincerely, Dennis G. Kolar, P.E. Managing Director Gary Piotrawicz P.E., P.T.O.E. Deputy Managing Director County Highway Engineer Clerk of the Board 31001 Lahser Road Beverly Hills, MI 48025 248-645-2000 FAX 248-645-1349 WIZ(' Patricia Z. '/Vierzbicki Deputy-Secretary /Clerk of the Board Ism Enclosure cc: Dennis Lockhart Tom Blust Torn Noechel Tim Soave www.rcocweb.org 3 Recommended for Board Approval (Tries G. Blust, P.E. -C-0 1/2--Director of Engineering tie Attachments CTwT T?\'iv1A GSM111E) WINN for OAKLAND COUNTY 10 100 YEARS OF TRANSPORTATION EXCELLENCE Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: June 11,2013 To: Thomas G Blust, RE., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor7:6M SUBJECT: PROJECT NO. 51731, TIENKEN ROAD ROCHESTER ROAD TO SHELDON ROAD TRI-PARTY PROGRAM/LOCAL COST PARTICIPATION AGREEMENT CITY OF ROCHESTER HILLS 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 reconstruction of Tienken Road from Rochester Road to Sheldon Road. Construction on this project is expected to begin this summer. The estimated total cost of the project is $2,022,800 and will be partially funded with Federal High Priority Project Funds estimated in the amount of $1,582,100. The City of Rochester Hills has agreed to contribute-$228,045 and have elected to use the Tri-Party Program to fund their entire share. The remaining lbcal match will be shared between the Board and the City of Rochester under a 'Separate local agreement. Our estimated total share is $272,620 and is in the FY13 budget. The project is in the district of County-COmmiStioner Jeff 'Mat's. The agreement is in our standard approved format, and I recommend Board apOroval and authorize the Managing Director to execute the agreement on behalf of the Board. 4 COST PARTICIPATION AGREEMENT CONSTRUCTION Tienken Road Rochester Road to Sheldon Road City of Rochester Hills Board Project No. 51731 This Agreement, made and entered into this LD-IAA- 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 Rochester Hills, hereinafter referred to as ROCHESTER HILLS, provides as follows: WHEREAS, the BOARD, ROCHESTER HILLS, and the City of Rochester, hereinafter referred to as ROCHESTER, in cooperation with the Michigan Department of Transportation, hereinafter referred to as MDOT, have programmed the reconstruction of Tienken Road from Rochester 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 ROCHESTER HILLS and ROCHESTER, which improvements are hereinafter referred to as the PROJECT; and WHEREAS, the estimated total cost of the PROJECT is $2,022,800; and WHEREAS, the BOARD has entered into Contract No. 13-5139 with MDOT for partial funding of the PROJECT with Federal High Priority Project Funds up to, and shall not exceed, the amount of $1,582,100; 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, ROCHESTER HILLS' share of said LOCAL MATCH involves certain designated and approved Tr-Party Program funding in the amount of $228,045, which shall be paid through equal contributions by the BOARD, ROCHESTER HILLS, and the Oakland County Board of Commissioners, hereinafter referred to as the COUNTY; and 5 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, THEREFORE, in consideration of the mutual covenants set forth herein and in conformity with applicable law, it is hereby agreed between ROCHESTER FILLS, ROCHESTER, and the BOARD that: ROCHESTER HILLS and ROCHESTER 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 total payments to the contractor. 3. The estimated total LOCAL MATCH is $440,700 and shall be funded in the following order: a. ROCHESTER HILLS has agreed to contribute $228,045 toward the LOCAL MATCH and will fund their share from the Tr-Party Program. b. The BOARD shall contribute $196,605 toward the LOCAL MATCH. c. ROCHESTER will contribute $16,050 which represents 100% of their water main cost. d. Any LOCAL MATCH costs above the ROCHESTER HILLS Tr-Party Program funding of $228,045, the BOARD contribution of $196,605, and ROCHESTER'S contribution of $16,050 for the water main, will be funded 100% by the BOARD. 4. Upon execution of this agreement, the BOARD shall submit an invoice to ROCHESTER HILLS in the amount of $76,015 (being 100% of ROCHESTER HILLS' Tri-Party contribution). Tienken Road City of Rochester Buis Project No. 51731 5/7/2013 6 5. After execution of this agreement and approval by the COUNTY, the BOARD shall submit an invoice to the COUNTY in the amount of $76,015 (being 100% of the COUNTY'S Tr-Party contribution). a. The invoice shall be sent to: Mr. Tim Soave, Manager of Fiscal Services Executive Office Building 9100 Pontiac Lake Road, Building 41 West Waterford, MI 48328 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 ROCHESTER HILLS 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. 51731 5/7/2013 7 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 Its Managing Director By Its 7441 k. 62-r kle71-/ ier Its Tienken Road - 4 - City of Rochester Hills Project No. 51731 5/7/2013 8 EXHIBIT A TRI-PARTY PROGRAM Tienken Road Rochester Road to Sheldon Road City of Rochester Hills Board Project No. 51731 Reconstruction of Tienken Road from Rochester Road to Sheldon Road. ESTIMATED PROJECT COST Contractor Payments $2,022,800 Less Federal Funds $1,582,100 Total Estimated Local Share $440,700 COST PARTICIPATION BREAKDOWN ROCHESTER HILLS FY13 Tr-Party Program $76,015 ROCHESTER BOARD COUNTY TOTAL $76,015 $76,015 $228,045 Contribution $16,050 $196,605 $0 $212,655 TOTAL SHARES $76,015 I $16,050 $272,620 $76,015 $440,700 Tienken Road -5- City of Rochester Hills Project No. 51731 5/7/2013 9 Resolution #13196 July 17, 2013 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #13196) August 1,2013 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2013 APPROPRIATION — CITY OF ROCHESTER HILLS — TIENKEN ROAD, ROCHESTER ROAD TO SHELDON ROAD - PROJECT NO. 51731 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 $76,015 is available in the General Fund Assigned Fund Balance for Tr-Party 2013 and prior funding (account #383510) for project 51731. 3. This project is for the reconstruction of Tien ken Road from Rochester Road to Sheldon Road. 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 $76,015 $76,015 $76,015 $76,015 EINANCE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. Resolution #13196 August 1,2013 Moved by Dwyer Supported by McGillivray 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 APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCI 45,589A (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 August 1, 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 1 st day of August, 2013. Lisa Brown, Oakland County