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HomeMy WebLinkAboutResolutions - 2018.12.06 - 30893MISCELLANEOUS RESOLUTION #18399 BY: Commissioner Christine Long, District #7 IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2018 APPROPRIATION — CHARTER TOWNSHIP OF COMMERCE — INSTALLATION OF ADDITIONAL FABRIC FENCE COVER ON PONTIAC TRAIL AT M-5 — PROJECT NO. 54471 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 (CV -1s) 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 Commerce, 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 Commerce and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Commerce 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. 54471 in the Charter Township of Commerce is $560. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Commerce 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 Commerce. Chairperson, I move the adoption of the foregoing Resolution. 1 Commissioner Christine Long , District #7 Recommended for Board Approval 10(1014 Thomas G. Blust, P.E. Director of Engineering Quality Life through Good Roads "We Care" A===rir AO tralVi liAr—S r—SYCW 5-/W— 15A 11-08-18 for OAKLAND COUNTY Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: October 29, 2018 To: Thomas G. Blust, P.E., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor 1//) SUBJECT: PROJECT NO. 54471, PONTIAC TRAIL AT M-5 LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM CHARTER TOWNSHIP OF COMMERCE Attached for your review and submission to the Board for their approval is the local cost participation agreement with the Charter Township of Commerce for the installation of additional fabric fence cover on Pontiac Trail at M-5. This work is expected to be completed this fall. The estimated total cost is $3,360 and will be shared equally between the Board and the township. They have elected to use the Tr-Party Program to fund their $1,680 portion. Our total estimated share is $2,240 and is in the FY19 budget. The project is in the district of County Commissioner Christine Long. 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 Lu =ROAD CONN/5510N for OAKLAND COUNTY QUALITY LIFE THROUGH GOOD ROADS: :GAD COMMISSION FOR OAKLAND COUNTY WE CARE." November 8, 2018 Soard of Road Commissioners Ronald J. Fowkes Commissioner Gregory C. Jarnian Commissioner Eric S. Wilson Commissioner Dennis G. Kolar, P.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 248-645-2000 FAX 248-645-0452 TDD 248-645-9923 www.rcocweb.org Ms. Melissa Creech, Clerk Charter Township of Commerce 2009 Township Drive Commerce Township, Ml 48390 Re: Pontiac Trail at M-5; Project No. 54471 Local Cost Participation Agreement / Tr-Party Program Dear Ms. Creech: A fully signed and executed agreement for the above-mentioned project is enclosed. The agreement was approved and subsequently signed by Dennis G. Kolar, RE., Managing Director at the regularly scheduled Board meeting of Thursday, November 8, 2018. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, u>V1a4)n j Shannon J. Milfer Deputy-Secretary /Clerk of the Board /w Enclosure cc: Finance Department Engineering Department Programming Division Lynn Sonkiss, Oakland County COST PARTICIPATION AGREEMENT ADDITIONAL CONSTRUCTION Pontiac Trail at M-5 Charter Township of Commerce Board Project No. 54471 This Agreement, made and entered into this 8th day of November , 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 Commerce, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD has programmed the landscaping work on Pontiac Trail at M-5, which improvements involve roads under the jurisdiction of the BOARD and within the COMMUNITY, said improvements are hereinafter referred to as the PROJECT; and WHEREAS, the PROJECT shall also include the installation of additional fabric fence cover, all together with necessary work, located on Pontiac Trail at M-5, which improvements are beyond the PROJECT limits, and are hereafter referred to as ADDITIONAL CONSTRUCTION items; and WHEREAS, the estimated total cost associated with said ADDITIONAL CONSTRUCTION items is $3,360; and WHEREAS, said PROJECT involves certain designated and approved Tr-Party Program funding in the amount of $1,680, 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 funding of the ADDITIONAL CONSTRUCTION items and wish to commit that understanding to writing in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, it is hereby agreed between the COMMUNITY and the BOARD that: 1. The BOARD shall forthwith undertake and complete the PROJECT, including the ADDITIONAL CONSTRUCTION items, as above described, and shall perform the engineering, inspection, and the administration in reference thereto. 2. The actual total cost of the ADDITIONAL CONSTRUCTION items, as determined by the BOARD, 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 $3,360 shall be shared equally by the BOARD and the COMMUNITY. Each 50% share is estimated to be $1,680, respectively, and shall be invoiced and funded simultaneously as follows: a, The BOARD shall contribute $1,680 toward the cost of the PROJECT. b. Tri-Party Program funding in the amount of $1,680, as set forth in Exhibit A. c. Any ADDITIONAL CONSTRUCTION costs above $3,360 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 $560 (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 $560 (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 Pontiac Trail (additional construction) -2- Charter Township of Commerce Project No. 54471 10/17/2018 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. Pontiac Trail (additional construction) - 3 - Charter Township of Commerce Project No. 54471 10117/2018 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 _...€49-2 /1t- Its Managing Director CHARTERTOWNSHIP OF OMMERCE By I/ jr, Its 3AVID t. f60-77— Pontiac Trail (additional construction) - 4 - Charter Township of Commerce Project No. 54471 10/17/2018 EXHIBIT A TRI-PARTY PROGRAM Pontiac Trail At M-5 Charter Township of Commerce Board Project No, 54471 Installation of additional fabric fence cover on Pontiac Trail at M-5. ESTIMATED PROJECT COST Contractor Payments $3,360 COST PARTICIPATION BREAKDOWN , COMMUNITY COUNTY _ BOARD TOTAL FY2016 Tr-Party Program $560 $560 $560 $1,680 Contribution $0 $0 $1,680 $1,680 , TOTAL SHARES $560 $560 $2,240 $3,360 Pontiac Trail (additional construction) -5- Charter Township of Commerce Project No. 54471 10/1712018 Resolution #18399 November 14, 2018 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #18399) December 6, 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 COMMERCE — INSTALLATION OF ADDITIONAL FABRIC FENCE COVER ON PONTIAC TRAIL AT M-5 — PROJECT NO. 54471 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 $560 is available in the General Fund Assigned Fund Balance for Tr-Party 2019 and prior funding (account #383510) for project 54471. 3. This project is for installation of additional fabric fence cover on Pontiac Trail at M-5. 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 2019 budget will be amended as follows: GENERAL FUND #10100 Revenue 9010101-196030-665882 Expenditures 9010101-153010-740135 FY 2019 $ 560 $ 560 Planned Use of Balance Total Revenues Road Commission Tr-Party $ 560 Total Expenditures $ 560 Jommissioner Thomas Middleton, District #4 Chairperson, Finance Committee FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Kowall absent. Resolution #18399 December 6, 2018 Moved by Kochenderfer supported by Bowman the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Crawford, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman. (18) 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). HEMIVAPPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY F,XECUTIVE ACTING PURSUANT TO MCI 45,559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, 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 December 6, 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 6th day of December, 2018. — Lisa Brown, Oakland County