HomeMy WebLinkAboutResolutions - 2014.04.17 - 21257Miscellaneous 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
AIMIZEIMM410 COAPATEMAI
for OAKLAND COUNTY
()YEARS OF TRANSPORTATION EXCELLENCE
ord of Road Commissioners
Ronald J. Fowkes
ComMissioner
March 13, 2014
Gregory C. Jamian
Commissioner
Eric S. Wilson
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. Camilleri:
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,
Patricia Z. Wi zbicki
Deputy-Secretary/Clerk of the Board
Enclosure
cc: Dennis Lockhart
Tom Blust
Tom Noechel
ttitA
Dennis G. Kolar, P.E.
Managing Director
Gary Piotrowicz P.E, PT.-0E.
Deputy Managing Director
County Highway Engineer
Clerk of the Board
31001 Lahser Road
Beverly Hills, MI 48025
248-645-2000
FAX
248-645-1349
www.reocareb.org
4
Thorns G. Blust, P.E.
Director of Engineering
ASIMENROAD
COMWSPEW
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 Supervisor -MO
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 TovvrishiP of Waterford for the reconstruction
and widening of Pontiac Lake Road from Highland Road-(M-59) 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 $877,500. 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 County Commissioner Thomas Middleton. Our Legal
Department has reviewed the contract, and I recommend the Board approve the
agreement and authorize the Mana -ging..:DireCtor to execute the ;agreement on behalf of _ .
the Board.
/je
Attachments
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 1-S`l& day of `',).*4•.Y-N.--.1/43c , 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 MDOT 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 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 $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 Tri-Party contribution).
Pontiac Lake Road
2-
Charter Township of Waterford
Project No 51131
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 46328
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
2/5/2014
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 Bat Corporate
By
Its t,fig,i1,05014,,
CHARTER TOWNSHIP OF WATERFORD
Managing Director
Pontiac Lake Road - 4 -
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 Tri-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
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.
FISCAL NOTE (MISC. #14070) April 17, 2014
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2014 APPROPRIATION — TOWNSHIP OF WATERFORD — IMPROVEMENTS TO PONTIAC
LAKE ROAD - PROJECT NO. 51131
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 12, 2013, the Board of Commissioners approved Miscellaneous Resolution #13305
which designated $2,000,000 in fund balance for the Tr-Party Road Improvement Program for
projects managed by the Road Commission for Oakland County (RCOO).
2. Funding of $104,299 is available in the General Fund Assigned Fund Balance for Tr-Party 2014
and prior funding (account #383510) for project 51131.
3. This project is for the reconstruction and widening of Pontiac Lake Road from Highland Road
(M-59) to Cass Lake 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 2014 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 2014
$104,299
$104,299
$104,299
$104,299
FINANCE COMNI /ITT.EE
I
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #14070 April 17, 2014
Moved by Crawford supported by Zack the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
Discussion followed.
Vote on amended Consent Agenda:
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis,
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).
ctis L-(
I HEREBY APPROVE THIS 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 April 17, 2014,
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 April 2014.
Lisa Brown, Oakland County