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HomeMy WebLinkAboutResolutions - 2014.03.19 - 21250Miscellaneous Resolution # 14070 BY: Commissioner Tom Middleton, District #4 RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2014 APPROPRIATION — CHARTER TOWNSHIP OF WATERFORD — IMPROVEMENTS TO PONTIAC LAKE ROAD - PROJECT NO. 51131 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 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 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 Charter Township of Waterford, 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 Waterford and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Waterford 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 2014 authorized amount of Tr-Party Road Improvement funding for Project No. 51131 in the Charter Township of Waterford is $104,299. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Waterford 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 Waterford. Chairperson, I move the adoption of the foregoing Resolution. Tom Middleton, District #4 IMMEMETROAD COMESSION 774 for OAKLAND COUNTY CBE 0 YEARS IDE TRANSPORTATION EXCELUNCE Jard of Road Commissioners Ronald J. Fowkes Commissioner March 13, 2014 Gregory C. Jarnian Commissioner Ms. Sue Camilleri, Clerk Charter Township of Waterford 5200 Civic Center Drive Waterford, MI 48329-3773 Re: Project No. 51131, Pontiac Lake Road, Highland Road to Cass Lake Road; Local Cost Participation Agreement/Tr-Party Program Dear Ms. Cam uteri: A fully signed and executed agreement for the above-referenced project is enclosed. The agreement was approved at the regularly scheduled Board meeting of Thursday, March 13, 2014, and subsequently signed by Dennis G. Kolar, P.E., Managing Director. Please contact Tom Blust, Director of Engineering at (248) 645-2000 ext. 2265 to answer any questions or for additional information. Sincerely, LID rt,A.,3466,g(A: Patricia Z. Widzbicki Deputy-Secretary/Clerk of the Board 11A1 Enclosure cc: Dennis Lockhart Torn Blust Torn Noechel it An oi2iti Eric S. Wilson Commissioner mmosimaiwwww... Dennis a Kolar, F.E. Managing Director Gary Piotrowicz, P.E., P.T.O.E. Deputy Managing Director County Highway Engineer Clerk of the Board 31001 Lahser Road Beverly Hills, MI 48025 248-646-2000 FAX 248-645-1349 vvww:rcocweb.org 44( allEINEMOAD 411NWEVIZW 100 YEARS OF TRANSPORTATION EXCELLENCE Inter-Departmental Memorandum PROGRAMMING DIVISION DATE: February 28,2014 To: Thomas G. Blust, P.E., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor14ft SUBJECT: PROJECT NO 51131, PONTIAC LAKE ROAD HIGHLAND ROAD (M-59) TO CASS LAKE ROAD CHARTER TOWNSHIP OF WATERFORD LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM Attached for your review and submission to the Board for their approval is the local cost participation agreement with the Charter Town§hip of Waterford for the reconstruction and widening of Pontiac Lake Road from Highland Road (V1 759) to Cass Lake Road. The estimated total cost is $1,588,400 and will be partially funded with Surface Transportation Program funds in the amount of $877,5005 The remaining local match of $710,900 will be shared between RCOC and the Charter Township of Waterford. The township has elected to fund their $312,897 share using the Tr-Party Program. Our total estimated share is $502,302 and is in the FY14 bUdget. The project is in the district of Comfy Commissioner Thomas Middleton. Our Legal Department has reviewed the contract, and I recommend the Board approve the . H agreement and authorize the Managing :DireCtOrlo execute the agreement on behalf of the Board. /je Attachments Recommended for Board Approval A4-44 Thorris G. Blust, RE. Director of Engineering COST PARTICIPATION AGREEMENT CONSTRUCTION Pontiac Lake Road M-59 to Cass Lake Road Charter Township of Waterford Board Project No. 51131 This Agreement, made and entered into this \V& day of U-WUJc , 2014, 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 Waterford, 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 reconstruction and widening of Pontiac Lake Road from M-59 to Cass Lake 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 the COMMUNITY, which improvements are hereinafter referred to as the PROJECT; and WHEREAS, the estimated total cost of the PROJECT is $1,588,400; and WHEREAS, the BOARD has entered into an agreement with MOOT in Contract No. 13-5600 for the reconstruction and widening work under the Surface Transportation Program in the amount of $877,500; and WHEREAS, the BOARD, as the requesting party therein, will be the party financially responsible to MOOT 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 $312,897, 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, THEREFORE, 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: 1. 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 total payments to the contractor. 3. The estimated total LOCAL MATCH is $710,900 and shall be funded in the following order: a. Tri Party Program funding in the amount of $312,897. b. The BOARD shall contribute $398,003 toward the LOCAL MATCH. c. Any PROJECT costs above the Tr-Party Program funding of $312,897 and the BOARD contribution of $398,003 will be funded first with any available Tr-Party Program funds. If no Tr-Party Program funds are available, any additional PROJECT costs 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 $52,150 (being 50% of the COMMUNITY'S Tr-Party contribution). 5. After execution of this agreement and approval by the COUNTY, the BOARD shall submit an invoice to the COUNTY in the amount of $52,150 (being 50% of the COUNTY'S Tr-Party contribution), Pontiac Lake Road - 2 - Charter Township of Waterford Project No. 5111 2/5/2014 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 the COMMUNITY for the remaining 50% of the COMMUNITY'S Tr-Party contribution, not to exceed $52,149. 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 $52,149. 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), the COMMUNITY and the COUNTY shall pay to the BOARD the full amount thereof, within thirty (30) days of such receipt. Pontiac Lake Road - 3 - Charter Township of Waterford Project No. 51131 215/2014 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 1346.4 Corporate By its By Its CHARTER TOWNSHIP OF WATERFORD 70 1->-t_co Managing Director Pontiac Lake Road Charter Township of Waterford Project No. 51131 2/5/2014 EXHIBIT A TRI-PARTY PROGRAM Pontiac Lake Road M-59 to Cass Lake Road Charter Township of Waterford Board Project No. 51131 Reconstruction and widening of Pontiac Lake Road from M-59 to Cass Lake Road. ESTIMATED PROJECT COST Contractor Payments $1,588,400 Less Federal Funds $877,500 Total Estimated Local Share $710,900 COST PARTICIPATION BREAKDOWN COMMUNITY COUNTY BOARD TOTAL FY12 Tr-Party Program $33,333 $33,333 $33,334 $100,000 FY13 Tr-Party Program $70,966 $70,966 $70,965 $212,897 Contribution $0 $0 $398,003 $398,003 TOTAL SHARES $104,299 $104,299 , $502,302 $710,900 Pontiac Lake Road - 5 - Charter Township of Waterford Project No. 51131 2/5/2014 Resolution #14070 March 19, 2014 The Chairperson referred the resolution to the Finance Committee. There were no objections.