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Home My WebLink AboutResolutions - 2018.08.09 - 23713MISCELLANEOUS RESOLUTION #18271 BY: Commissioner Eileen KowaII, District #6 IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2018 APPROPRIATION — CHARTER TOWNSHIP OF WATERFORD — RESURFACING OF FREMBES ROAD FROM DIXIE HIGHWAY TO WALTON BOULEVARD — PROJECT NO. 54442 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 Assigned 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 2018 authorized amount of Tr- Party Road Improvement funding for Project No. 54442 in the Charter Township of Waterford is $30,000. 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 Assigned 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. ttAnt—it. (Co issioner Eileen wall District #6 Quality Life through Good Roads "We Care" adif ACP CadifIVISSYCPAI 07/12/18 1 3B for OAKLAND COUNTY Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: June 29, 2018 To: Thomas G. Blust, P.E., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor -MO SUBJECT: PROJECT NO. 54442, FREMBES ROAD DIXIE HIGHWAY TO WALTON BOULEVARD LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM CHARTER TOWNSHIP OF WATERFORD Attached for your review and submission to the Board for their approval is the local cost participation agreement with the Charter Township of Waterford for the resurfacing of Frembes Road from Dixie Highway to Walton Boulevard. Construction on this project is expected to begin this summer. The Charter Township of Waterford has elected to use the Tr-Party Program to fund the estimated total project cost of $90,000. Our total estimated share is $30,000 and is in the FY18 budget. The project is in the district of County Commissioner Eileen KowaII. 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 / 4 '14/1'af /? 1/X/".--IFF 7/3/13 Thomas G. Blust, P.E. Director of Engineering C (NI uur C=ROAD COMMISSION for OAKLAND COUNTY QUALITY LIFE THROUGH GOOD ROADS: CAD COMMISSION FOR OAKLAND COUNTY "WE CARE.' July 12, 2018 Ms. Sue Camilleri, Clerk Charter Township of Waterford 5200 Civic Center Drive Waterford, Nil 48329-3773 Re: Frembes Road, Dixie Highway to Walton Boulevard Project No. 54442 Dear Ms. Camilleri: A fully signed and executed agreement for the above-mentioned 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, July 12, 2018. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. goard of Road Commissioners Ronald J. Fowkes Commissioner Gregory C. JamIan Commissioner Eric S. Wilson Commissioner Dennis G. Kolar, P.E. Managing Director Gary Flotrowicz, P.T.O.E Deputy Managing Dire otor County Highway Engineer Sincerely, ' LAccuAnkra„QQ„_ Shannon J. Miiier Deputy-Secretary /Clerk of the Board Clerk of the Board 31001 Lahser Road Beverly Hills, Ml 48025 248-645-2000 FAX 248-645-0452 TDD 248-645-9923 www.rcacweb.org Ism Enclosure cc: Finance Department Engineering Department Programming Division Lynn Sonkiss, Oakland County COST PARTICIPATION AGREEMENT CONSTRUCTION Frembes Road Dixie Highway to Walton Boulevard Charter Township of Waterford Board Project No. 54442 This Agreement, made and entered into this 12th day of July , 2018, 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 Waterford, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD and the COMMUNITY have programmed the resurfacing of Frembes Road from Dixie Highway to Walton Boulevard, 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 $90,000; and WHEREAS, said PROJECT involves certain designated and approved Tr-Party Program funding in the amount of $90,000, which amount 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, the BOARD and the COMMUNITY have reached a mutual understanding regarding the cost sharing of the PROJECT 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 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. Any costs incurred by RCOC prior to this agreement date shall be allowable. 3. The estimated total PROJECT cost of $90,000 shall be invoiced and funded in the following order: a. Tr-Party Program funding in the amount of $90,000. b. Any PROJECT costs above the Tr-Party Program funding of $90,000 will be funded first with any available Tr-Party Program Funds. If no Tr-Party Program Funds are available, any PROJECT costs above $90,000 will be funded 100% by the COMMUNITY. 4. Upon execution of this agreement, the BOARD shall submit an invoice to the COMMUNITY in the amount of $30,000 (being 100% 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 $30,000 (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, MI 48328 6. 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. Frembes Road - 2 - Charter Township of Waterford Project No. 54442 5/31/2018 By IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and date first written above. BOARD OF ROAD COMMISSIONERS OF THE COUNTY OF OAKLAND A Public Body Corporate By anin t3 Its Managing Director CHARTER TOWNSHIP OF WATERFORD Its 5UFfe, Vi 596 Frernbes Road - 3 - Charter Township of Waterford Project No. 54442 5/31/2018 EXHIBIT A TRI-PARTY PROGRAM Frembes Road Dixie Highway to Walton Boulevard Charter Township of Waterford Board Project No. 54442 Resurfacing of Frembes Road from Dixie Highway to Walton Boulevard. ESTIMATED PROJECT COST Contractor Payments $90,000 COST PARTICIPATION BREAKDOWN COMMUNITY COUNTY BOARD TOTAL FY2014 Tr-Party Program $30,000 $30,000 $30,000 $90,000 TOTAL SHARES $30,000 $30,000 $30,000 $90,000 Frembes Road Charter Township of Waterford Project No. 54442 5/31/2018 Resolution #18271 July 19, 2018 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #18271) August 9, 2018 BY: Commissioner Thomas Middleton, Chairperson, Finance Committee IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2018 APPROPRIATION — CHARTER TOWNSHIP OF WATERFORD — RESURFACING OF FREMBES ROAD FROM DIXIE HIGHWAY TO WALTON BOULEVARD — PROJECT NO. 54442 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 7, 2017, the Board of Commissioners approved Miscellaneous Resolution #17325 which designated $4,470,159 in fund balance for the Tr-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $30,000 is available in the General Fund Assigned Fund Balance for Tr-Party 2018 and prior funding (account #383510) for project 54442. 3. This project is for the resurfacing of Frembes Road from Dixie Highway to Walton Boulevard. 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 2018 budget be amended as follows: GENERAL FUND *10100 FY 2018 Revenue 9010101-196030-665882 Planned Use of Balance Total Revenues $30,000 $30,000 Expenditures 9010101-1 5301 0-7401 35 Road Commission Tr-Party Total Expenditures $30,000 $30,000 ommissioner Thomas Middleton, District #4 Chairperson, Finance Committee FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. Resolution #18271 August 9, 2018 Moved by Long supported by McGillivray the resolutions (with fiscal notes attached) be adopted with accompanying reports being accepted. AYES: Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, Long, McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman, Crawford. (20) 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). I HEREI3Y --OVE 'THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.5591k (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 9, 2018, 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 9th day of August, 2018. Lisa Brown, Oakland County