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Home My WebLink AboutResolutions - 2015.10.07 - 22021MISCELLANEOUS RESOLUTION #15244 BY: Commissioners Robert Hoffman, District #2 IN RE: BOARD OF COMMISSIONERS TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2015 APPROPRIATION — CHARTER TOWNSHIP OF HIGHLAND — PAVING OF A PORTION OF CLYDE ROAD— PROJECT NO. 50751 To the 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 Highland, 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 Highland and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Highland 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. 50751 in the Charter Township of Highland is $39,860. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Highland 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 Highland. Chairperson, I move the adoption of the foregoing Resolution. ( Quality Life through Good Roads "We Care" .nr• • ••nn r Agi f o r OAKLAND COUNTY Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: August 25, 2015 To: Thomas G. Blust, P.E., Director of Engineering FROM: Thomas a Noechel, Programming SupervisorTO SUBJECT: PROJECT NO. 50751, CLYDE ROAD WEST OF TIPSICO LAKE ROAD TO EAST OF HICKORY RIDGE ROAD LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM CHARTER TOWNSHIP OF HIGHLAND Attached for your review and submission to the Board for their approval is the local cost participation agreement with the Charter Township of Highland for the gravel road paving of Clyde Road from west of Tipsico Lake Road to east of Hickory Ridge Road. Construction on this project is expected to begin fall 2015 with tree removal/drainage work and road construction following in 2016. The estimated total cost is $3,897,000 and will be partially funded with Surface Transportation Program funds in the amount of $3,182,300. The local share of $714,700 will be funded with $119,580 in Tr-Party funds, a $237,770 contribution from the Charter Township of Highland, and a $357,350 contribution from the Board. Our total estimated share Is $397,210 and is in the FY15 budget. The project is in the district of County Commissioner Robert Hoffman. 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. ije Attachments Recommended for Board Approval /144.,<1 Thomas G. Blust, RE. Director of Engineering ===7R COMM/SS I ON for OAKLAND COUNTY QUALITY LIFE THROUGH GOOD ROADS: .0AD COMMISSION FOR OAKLAND COUNTY WE CARE." September 3, 2015 Ms. Mary McDonell Township Clerk Charter Township of Highland 205 N. John Street Highland, Ml 48357 RE: Project No. 50751, Clyde Road, W of Tipsico Lake Road to E of Hickory Ridge Road; Local Cost Participation Agreement Dear Ms. McDonell: 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, September 3, 2015, and subsequently signed by Dennis G. Kolar, P.E., Managing Director. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645- 2000 ext. 2266 to answer any questions or for additional information. Sincerely, • Patricia Z. 'ikierzbicki Deputy Secretary-Clerk of the Board /sm Enclosure c: Finance Department Engineering Department Programming Division Lynn Sonkiss, Oakland County `oard of Road Commissioners Rorraki J. Fovv(ces Cernrni.ssieDr?er Gregory C. Jamiart G0(7717 S3kMor Cric S. Wilson Corrimrs,soner. Dennis G. Kolar, P.E. ManagOg 13trector Gary Piotrowicz, P,E„ Depot!! .il,itanaotho Director jounty Higi7way Engineer Cleric of the Board 31001 Lahser Road Beverly Hills, MI 48025 248-845-2000 FAX 248-646-1349 vvww.rcocweb.org COST PARTICIPATION AGREEMENT CONSTRUCTION Clyde Road West of Tipsico Lake Road to East of Hickory Ridge Road Charter Township of Highland Board Project No. 50751 This Agreement, made and entered into this 3/2:-13 day of , 2015, by and between the Board of County Road Commissioners of the County of Oakland, Michigan, hereinafter referred to as the BOARD, and the Charter Township of Highland, 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 MOOT, have programmed the gravel road paving of Clyde Road from west of Tipsico Lake Road to east of Hickory Ridge 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 $3,897,000; 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 $3,182,300; 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 SHARE; and WHEREAS, the COMMUNITY'S share of said LOCAL SHARE involves certain designated and approved Tr-Party Program funding in the amount of $119,580, 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 SHARE 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 SHARE is $714,700 and shall be funded in the following order: a. Tri Party Program funding in the amount of $119,580. This $119,580 includes $69,790 from the 2016 Tr-Party Program which is an estimate of their allocation. If these funds are not available, the COMMUNITY will be responsible for the $59,790 share. b. The COMMUNITY shall contribute $237,770 toward the LOCAL SHARE and the BOARD shall contribute $357,350 toward the LOCAL SHARE, simultaneously. c. Any PROJECT costs above the Tr-Party Program funding of $119,580, the COMMUNITY contribution of $237,770, and the BOARD contribution of $357,350 will be shared equally between the BOARD and the COMMUNITY. 4. Upon execution of this agreement, the BOARD shall submit an invoice to the COMMUNITY in the amount of $138,815 (being 50% of the COMMUNITY'S Tr-Party contribution and 50% of the COMMUNITY'S additional contribution). Clyde Road - 2 - Charter Township of Highland Project No. 50751 07/28/2015 5. After execution of this agreement and approval by the COUNTY, the BOARD shall submit an invoice to the COUNTY in the amount of $19,930 (being 50% 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, MI 48328 6. As costs of the PROJECT are incurred, the BOARD shall invoice the COMMUNITY for the remaining 50% of the COMMUNITY'S total contribution, not to exceed $138,815. 7. After January 1, 2016, the BOARD shall invoice the COUNTY for the remaining 50% of the COUNTY'S total contribution, not to exceed $19,930. 8. The total actual LOCAL SHARE 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 fi nancial 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. Clyde Road - 3 - Charter Township of Highland Project No. 50751 07/28/2015 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 Its Managing Director Its Clyde Road - 4 - Charter Township of Highland Project No. 50751 7/28/2015 EXHIBIT A TRI-PARTY PROGRAM Clyde Road West of Tipsico Lake Road to East of Hickory Ridge Road Charter Township of Highland Board Project No. 50751 Gravel road paving of Clyde Road from west of Tipsico Lake Road to east of Hickory Ridge Road. ESTIMATED PROJECT COST Contractor Payments $3,897,000 Less Federal Funds $3,182,300 Total Estimated Local Share $714,700 COST PARTICIPATION BREAKDOWN COMMUNITY COUNTY BOARD TOTAL FY2015 Tr-Party Program $19,930 $19,930 $19,930 $59,790 FY2016 Tr-Panty Program* $19,930 $19,930 $19,930 $59,790 Contribution $237,770 $0 $357,350 $595,120 TOTAL SHARES $277,630 $39,860 $397,210 $714,700 *The FY2016 Tr-Party Program allocation will be announced early in 2016. This is an estimate of that amount. Clyde Road -5- Charter Township of Highland Project No, 50751 07/28/2015 Resolution #15244 September 17, 2015 The Chairperson referred the resolution to the Finance Committee There were no objections. FISCAL NOTE (MISC. #15244) October 7, 2015 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2015 APPROPRIATION — CHARTER TOWNSHIP OF HIGHLAND — PAVING OF A PORTION OF CLYDE ROAD - PROJECT NO. 50751 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 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 Tri-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $39,860 is available in the General Fund Assigned Fund Balance for Tr-Party 2015 and prior funding (account #383510) for project 50751. 3. This project is for the gravel road paving of Clyde Road from west of Tipsico Lake Road to east of Hickory Ridge 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 FY 2015 Revenue 9010101-196030-665882 Planned Use of Balance $39,860 Total Revenues $39,860 Expenditures 9010101-1 53010-7401 35 Road Commission Tr-Party $39,860 Total Expenditures $39,860 NCEp2L.1 .AMITTE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. Resolution #15244 October 7, 2015 Moved by Kowall supported by Bowman the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kowa11, Long, Malls, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, 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). GERALD D POISSON CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO PICI6 4LS59A(7) STATE OF 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 October 7, 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 7' day of October 2015. Lisa Brown, Oakland County