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HomeMy WebLinkAboutResolutions - 2015.04.02 - 21759Miscellaneous Resolution #15076 BY: Commissioner Philip Weipert, District #8 RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2016 APPROPRIATION — CHARTER TOWNSHIP OF LYON — GRAVEL ROAD PAViNG OF GRISWOLD ROAD - PROJECT NO. 61682 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 Lyon, 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 Lyon and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Lyon 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 2015 authorized amount of Tr-Party Road Improvement funding for Project No. 51682 in the Charter Township of Lyon is $35,675. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Lyon 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 Lyon. Chairperson, we move the adoption of the foregoing Resolution. Quality Life through Good Roads "We Care" IL ==7,701,4.12 CCP .115:51C4V Inter-Departmental Memorandum PROGRAMMING DIVISION DATE: February 13, 2015 To: Thomas G. Blust, P.E., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor TA 11/i SUBJECT: PROJECT NO. 51682, GRISWOLD ROAD 8 MILE ROAD TO 9 MILE ROAD LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM CHARTER TOWNSHIP OF LYON Attached for your review and submission to the Board for their approval is the local cost participation agreement with the Charter Township of Lyon for the gravel road paving of Griswold Road from 8 Mile Road to 9 Mile Road. Construction on this project is expected to begin this spring. The estimated total cost is $3,234,000 and will be partially funded with Surface Transportation Program funds in the amount of $2,126,800. The local match of $1,107,200 will be funded with $107,026 in Tr-Party funds, a $450,174 contribution from the Charter Township of Lyon, and a $550,000 contribution from the Board. Our total estimated share is $585,676 and is in the FY15 budget. The project is in the district of County Commissioner Philip J. Weipert. 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 Ent, P.E. 'rector of Engineering tri=rffr,R for OAKLAND COUNTY QUALITY LIFE THROUGH GOOD ROAos: OAD COMMISSION FOR OAKLANO COUNTY WE CARE." February 26, 2015 Ms. Michele Ortiz-Cash, Township Clerk Charter Township of Lyon 58000 Grand River Avenue New Hudson, MI 48165 Re: Project No. 51682; Griswold Road, 8 Mile Road to 9 Mile Road Dear Ms. Cash: A fully signed and executed agreement for the above-referenced project is enclosed, The amended agreement was approved at the regularly scheduled Board meeting of Thursday, February 26, 2015, and subsequently signed by Dennis G. Kolar, P,F., Managing Director. Please contact Tom Blust, PE., Director of Engineering at 248-645-2000 ext. 2265 to answer any questions or for additional information, Sincerely, 1), Patricia Z. lerzbicki Deputy-Secretary /Clerk of the Board /sm Enclosure c: Finance Department Engineering Department Programming Department Lynn Sonkiss, Oakland County 3oard of Road Commissioners Ronald J. Fowkes Commissioner Gregory C. Jamian Commissioner Eric S. Wilson Commissioner Dennis 0. Kolar, RE, Managing Director Gary Piotrowicz, P.E., Deputy Managing Director County i-lighway Engineer Clerk of the Board 31001 Lahsor Road Beverly Hills, MI 48025 248-645-2000 FAX 248-645-134 www.rcocweb.org COST PARTICIPATION AGREEMENT CONSTRUCTION Griswold Road 8 Mile Road to 9 Mile Road Charter Township of Lyon Board Project No, 51682 This Agreement, made and entered into this 2.-LA day of ei...,RuAk.„1 , 2015, 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 Lyon, 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 gravel road paving of Griswold Road from 8 Mile Road to 9 Mile 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 $3,234,000; and WHEREAS, the BOARD will enter into a contract with MDOT for partial funding of the PROJECT with federal program dollars under the Surface Transportation Program in the amount of $2,126,800; 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 $107,026, 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 construction engineering, force account, and total payments to the contractor, 3. The estimated total LOCAL MATCH is $1,107,200 and shall be funded in the following order: a. Tri Party Program funding in the amount of $107,026. b. The COMMUNITY shail contribute $450,174 toward the LOCAL MATCH (100% of local share of Part B and Part C - $34,400 and $415,774 toward the remaining local share). c, The BOARD shall contribute and perform the construction engineering, estimated in the amount of $300,000. d. The BOARD shall contribute $250,000 toward the LOCAL MATCH. e. Any PROJECT costs above the Tr-Party Program funding of $107,026, the BOARD contribution of $250,000, the BOARD contribution for construction engineering (RCOC labor), and COMMUNITY contribution of $450,174 will be funded 100% by the COMMUNITY. Griswold Road - 2 - Charter Township of Lyon Project No. 51682 1/23/2015 4. Upon execution of this agreement, the BOARD shall submit an invoice to the COMMUNITY in the amount of $485,849 (being 100% of the COMMUNITY'S total share). 5. After execution of this agreement and approval by the COUNTY, the BOARD shall submit an invoice to the COUNTY in the amount of $35,675 (being 100% of the COUNTY'S Tr-Party contribution). a. The invoice shall be sent to: Lynn Sonkiss, Manager of Fiscal Services Executive Office Building 2100 Pontiac Lake Road, Building 41 West Waterford, Ml 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 COMMUNITY and the COUNTY shall pay to the BOARD the full amount thereof, within thirty (30) days of such receipt. Griswotd Road - 3 - Charter Township of Lyon Project No. 51682 1/23/2015 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 cp_491.,),-t, 0 Its Managing Director CHARTER TOWNSHIP OF LYON — Its Griswold Griswold Road - 4 - Charter Township of Lyon Project No. 51682 1/23/2015 EXHIBIT A TRI-PARTY PROGRAM Griswold Road 8 Mile Road to 9 Mile Road Charter Township of Lyon Board Project No. 51682 Gravel road paving of Griswold Road from 8 Mile Road to 9 Mile Road, ESTIMATED PROJECT COST Contractor Payments Force Account Construction Engineering (RCOC Labor) Subtotal Less Federal Funds Total Estimated Local Share $2,819,000 $115,000 $300,000 $3,234,000 $2,126,800 $1,107,200 COST PARTICIPATION BREAKDOWN COMMUNITY COUNTY BOARD TOTAL FY2014 Tri-Party Program $16,361 $16,361 $16,362 $49,084 FY2015 Tr-Party Program $19,314 $19,314 $19,314 $57,942 Contribution $450,174 $0 $550,000 $1,000,174 TOTAL SHARES $485,849 $35,675 $585,676 $1,107,200 Griswold Road Charter Township of Lyon Project No 51682 1/23/2015 Resolution #15076 March 18, 2015 The Chairperson referred the resolution to the General Government Committee. There were no objections. FISCAL NOTE (MR. #15076) April 2, 2015 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2015 APPROPRIATION — CHARTER TOWNSHIP OF LYON — GRAVEL ROAD PAVING OF GRISWOLD ROAD - PROJECT NO. 51682 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 11,2014, the Board of Commissioners approved Miscellaneous Resolution #14295 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 (RCOC). 2. Funding of $35,675 is available in the General Fund Assigned Fund Balance for Tr-Party 2015 and prior funding (account #383510) for project 51682. 3. This project is for the gravel road paving of Griswold Road from 8 Mile Road to 9 Mile 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 2015 budget be amended as follows: General Fund #10100 Revenue 90101 01-1 96030-665882 Planned Use of Balance Total Revenues Expenditures 9010101-153010-740135 Road Commission Tr-Party Total Expenditures FY 2015 $35,675 $35,675 $35,675 $35,675 ?PdiMIREE tL24,..0/> /77441W1 FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Matis absent. Resolution #15076 April 2, 2015 Moved by Spisz supported by Gershenson the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford. (19) NAYES: 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 COLii ,rf i.'4R_;kynkrE ACTING PURSUANT TO MC.. r?, 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 2, 2015, 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 2nd day of April 2015.