HomeMy WebLinkAboutResolutions - 2010.11.03 - 10257REPORT it10283 November 3. 2010
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: MR #10283 — BOARD OF COMMISSIONERS — Till-PARTY
IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION —10
MILE ROAD TO GRAND RIVER, CITY OF NOVI — PROJECT NO. 41531
TO THE. OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above-titled resolution on October
28. 2010, reports with a recommendation that the title of the resolution be amended as
follows:
BOARD OF COMMISSIONERS — TRI-PARTY IMPROVEMENT PROGRAM
FISCAL YEAR 2011 APPROPRIATION — 10 MILE ROAD TO GRAND RIVER,
CITY OF NOVI, - PROJECT NO. 41531
Chairperson. on behalf of the Finance Committee, I move acceptance of the
foregoing report.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
Miscellaneous Resolution #10283
BY: Commissioner Him T. Capella, District 9
RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR
2010 APPROPRIATION - 10 MILE ROAD TO GRAND RIVER, CITY OF NOVI - PROJECT
NO. 41531
TO Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen;
WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized
the discretionary Tri-Party Road Improvement Program to assist Oakland County's
cities, villages and townships (CVTs) with the construction, maintenance and
repair of roads located within the boundaries of an Oakland County CV:" and under
the supervision, direction and control of the Road Commission far Oakland County;
and
WHEREAS Miscellaneous Resolution #09221 establisned the revised Tr-Party Road
:mprovemeht Program - Funding and Protect Approval Process; and
WHEREAS Miscellaneous Resolution 409221, as amended by Miscellaneous Resolution
410345, provides that any discretionary Oakland County appropriation in support
of the Tri-Farty Road :mprovement Program shall be distributed only from the
designated General Fund. Tr-Party Program fund balance and may be made only after
completion of all of the following:
The Road Commission for Oakland County (RCOC) and an individual city,
villace, or township (CVT) have identified a specific project and said
project is ready to be undertaken immediately; and
2. The RCOC has appropriated its 1/3 share of the funding for cue proect
and transferred said appropriation to a specific project account; and
2 . The CT:: has authorized its 1/3 share of the funding for the protect and
has executed a written contract for payment with the ROC; and
4. The Commissioner(s) representing the CV': requesting the project submits
to the Board of Commissioners Finance Committee a resolution
authorizing the appropriation of the County's
1/3 share of the project from the General Fund Oesfgnateo Fund Balance
for Tri-Party Program. The resolution shall be approved by the Finance
Committee and the full Board before any funds may be released from the
Tri-Party Program designation account; and
WHEREAS the City of Novi, along with the Road Commissioner for Oakland County has
identified a specific project and said project is ready to be undertaken
immediately; and
WHEREAS the Road Commission for Oakland County has appropriated its one-thi.rd
(1/3) share of the funding fez- the identified project in the City of Novi and
said appropriation has been transferred to a specific protect account; and
WHEREAS the City of Novi has demonstrated that it has authorized its one-third
(1/3) snare of the funding for the specified project and has executed a written
contract for payment with the Road Commission far Oakland County; and
WHEREAS Oak:...ano County's one-third (1/3 share of the Fiscal Year 20:C authorized
amount of Tri-Party Road :mprovement funding for the City of Novi is $ 5C5,E51.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby approves the project submitted by the City of Novi as eligible for
appropriation and authorizes the release of the specified Tri-Party Road
Improvement Program funds from the Oakland County General Fund :=.:osignated und
Balance.
BE IT FURTHER RESOLVED tnat the Oakland County Clerk is requested to forward
copies of this adopted resolution to the Road Commission for Oakland Count:,..,
Oakland County Fiscal Services and the City of Novi.
Chairperson, I move the adoption of the foregoing Resoluztcr,,
Kim II. Capella, /District 9
COST PARTICIPATION AGREEMENT
CONSTRUCTION
NOVI ROAD
10 Mile Road to Grand River Avenue
In the
City of Novi
BOARD Project No. 41531
This Agreement, made and entered into this day of box013i , 2010, by
and between the Board of Road Commissioners for the County of Oakland. Michigan,
hereinafter referred to as the BOARD, the City of Novi, hereinafter referred to as NOVI; and
WHEREAS, the BOARD, in cooperation with the Michigan Department of Transportation,
hereinafter referred to as MDOT, and NOVI have programmed the reconstruction and widening
of Novi Road, hereinafter referred to as the PROJECT; and
WHEREAS, for purposes of identification and funding, the PROJECT has been divided
into the described limitations:
PART A - FEDERAL PARTICIPATION
Construction is described as 0.98 miles of road reconstruction including concrete
pavement, sidewalk, curb, and gutter, storm sewer, sanitary sewer, traffic signal
upgrades, and construction of a pre-stressed concrete I-beam bridge with mechanically
stabilized earth walls over the CSX railroad and Middle Rouge River and on Novi Road
from 10 Mile Road northerly to Grand River Avenue in the City of Novi, Oakland County.
This work is eligible to receive federal funding.
PART B - NO FEDERAL PARTICIPATION
The installation of watermain together with associated engineering and inspection
services within the City of Novi, defined as the area approximately 350 feet south of
Flint/Main Street. This work is ineligible to receive federal funding.
PART C NO FEDERAL PARTICIPATION
The replacement of irrigation systems in various areas on Novi Road from 10 Mile Road
to Grand River Avenue. This work is ineligible to receive federal funding.
WHEREAS, the estimated total PROJECT cost is $13,851,559, and
WHEREAS, the BOARD has executed MDOT Contract 10-5566 for partial funding of the
PROJECT cost with Federal Equity Bonus Funds being used as Transportation Economic
Development Funds, Category C Program; and
C el/0
S-; C o ,
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WHEREAS, the BOARD, as the requesting party therein, shall be the party financially
responsible to MOOT to bear all costs of the PROJECT in excess of federal funds, hereinafter
referred to as the LOCAL MATCH; and
WHEREAS, the total PROJECT cost shall also include items that are ineligible to receive
federal funding as detailed in MDOT Contract 10-5566, hereinafter referred to as NON-
PARTICIPATING items; and
WHEREAS, NOVI'S share of said LOCAL MATCH, involves certain designated funding in
accordance with the Tr-Party Program, in the amount of $1,517,556, which amount shall be
funded through equal contributions paid by the BOARD, NOVI, and the Oakland County Board
of Commissioners, hereinafter referred to as the COUNTY; and
WHEREAS, the parties hereto have reached a mutual understanding regarding cost
sharing of 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 parties hereto as follows:
1. NOVI approves of the PROJECT, declares its public necessity, and authorizes the
BOARD and MDOT to forthwith undertake and complete the PROJECT, as above
described, and to perform all engineering, inspection, and administration in
reference thereto.
2. The actual total cost of the PROJECT may include total payments to the
contractor, construction engineering, material testing and inspection, construction
and permanent traffic controls, traffic signals, and railroad force account.
3. Ail cost of the LOCAL MATCH for Part A of the PROJECT shall be shared by the
BOARD, and NOVI, as indicated in Exhibit A.
4. All contractor payments along with 15% associated engineering cost for Part B of
the PROJECT, estimated in the amount of $153,932, shall be funded entirely by
NOVI.
5. All contractor payments for Part C of the PROJECT, estimated in the amount of
$5,000, shall be funded entirely by the BOARD.
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e /25/1 0 #41 a1IConstlNovi
6. NOVI'S share of the estimated LOCAL MATCH for Part A of the PROJECT cost is
$1 ;517,556 and shall be funded in accordance with the following:
a. Tr-Party Program funding is not to exceed $1,517.556.
b Any PROJECT costs for Part A above the Tri-Party Program funding of
$1,517,556 will be funded first with any available Tr-Party Program Funds.
If no Tri-Party Program Funds are available, any PROJECT costs for Part A
above $1,517,556 will be funded 100% by NOVI.
7. Upon execution of this Agreement, the BOARD shall submit an invoice to NOVI for
$329.891.50 (being 50% of NOVI'S total contribution).
S. After execution of this Agreement ; the BOARD shall submit an invoice to the
COUNTY for $252,925.50 (being 50% of the COUNTY'S Tr-Party Contribution) on
October 6, 2010.
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 48328
9. As costs of the PROJECT are incurred, the BOARD shall invoice NOVl for the
remaining 50% of NOVI'S total contribution, not to exceed $329,891.50,
10. 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
$252,925.50.
11. Upon receipt of said invoices, NOVI and the COUNTY shall pay to the BOARD the
full amount thereof within thirty (30) days of such receipt
12. NOVI shall be responsible for the maintenance of the following:
a. The fence on the bridge over the CSX railroad.
b. The paint on the retaining wails and on the bridge over the CSX railroad.
c. The paint on the traffic signals located on Novi Road at Flint/Main Street
and on Novi Road at the U.S. Post Office (north of 10 Mile Road).
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8/25/10 #41531/Consnovl
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 ----
Managing Director
CITY OF NOVI
Its
By
Its
4
8/25/10 *41531/Coast/Novi
EXHIBIT A
TRI-PARTYPROGRAM
County Supported Improvements
Novi Road
10 Mile Road to Grand River Avenue
In the
City of Novi
BOARD Project No. 41531
ESTIMATED PROJECT COST
Federally Items Ineligible for
Funded Items Federal Funds i TOTAL
; A. Contractor Payments (based on low bid) $11 ,565,415 $ 0 , $11,565 415 1
B. City of Novi Waterrnain 0 133,202 133,202 '
C Sprinkler Replacement 0 5,000 5.000
Construction Engineering (15% of contractors 1,734,812 20,730 1,755,542
payments)
Traffic Signal and Railroad Force Account Work 392 400 0 392 400 I ,
Total Project Cost $13,692,627 $ 158,932 $13851559
Less Federal TEDF-C Funds (10L5102) (10,954,102)
LOCAL MATCH $ 2.738.525 $ 158.932 S 2.897 457
DISTRIBUTION OF LOCAL MATCH
BOARD
NOVI
Total Local Match
Part A
$1,220,969
1,517,556
$2,738,525
Parts B, C
(Part C) 5,000
Part B) 153,932
$158.932
Total Share(s)
$1,225.969
1,671,488
$7*D97 45•
BREAKDOWN OF SHARES
NOVI BOARD COUNTY TOTAL
Part A (Board) $ 0 $1,220,969 $ 0 $1,220,969
Part A-FY05 Tri-Party Program 7.091 7,091 7,091 $ 21.273
Part A-FY06 Tr-Party Program 114,035 114,036 114,035 $ 342,106-
Part A-FY07 Tr-Party Program 115,458 115,457 115,458 $ 346,373
Part A-FY08 Tri-Party Program 115,137 115,138 , 115,137 $ 345,412
Part A-FY09 Tri-Party Program 115,137 115,138 115,137 $ 345 412-1
Part A-FY10 Tri-Party Program I 38,993 38,994 38,993 $ 116.980
Part B + 15% Force 153,932 0' 0 $ 153,932 _ Part C (Board) 0 5,000 0 $ 5,000
TOTAL SHARES $ 659,783 , $1,731,823 , $ 505,851 $2,897,45-7-1
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13.25/10 #41531/CorlsUNovi
Resolution #10283 October 21, 2010
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Expenditures
10100-9010101-153010-740135 Tri Party
Total Expenditures
$505,851
$505,851
FISCAL NOTE (MR #10283) November 3, 2010
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: BOARD OF COMMISSIONERS TRI-PARTY ROAD IMPROVEMENT PROGRAM
FISCAL YEAR 2011 APPROPRIATION —10 MILE ROAD TO GRAND RIVER, CITY OF NOVI —
PROJECT NO. 41631
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 9, 2009, the Board of Commissioners approved Miscellaneous
Resolution #09290 which designated $1,000,000 in fund balance for the 2010
Tr-Party program for projects managed by the Road Commission for Oakland
County (RCOC).
2. Unused Tr-Party funding of $3,928,942 accumulated from Oakland County
appropriations from FY 2009 and prior was returned from RCOC and is
designated in the County General fund (account #371510, previously maintained
in account #371509).
3. Funding of $505,851 is available in the General Fund Designated Fund Balance
for Tri Party 2011 and prior funding (account #371510) for project 41531, road
reconstruction including concrete pavement, sidewalk, curb, and utter, storm
sewer and additional construction over the CSX railroad, and Middle Rouge River
and on Novi Road from 10 Mile Road northerly to Grand River Avenue in the City
of Novi.
4. The FY 2011 budget is amended as follows:
General Fund # 10100
Revenue FY 2011
10100 9010101-196030-665882 Planned Use of Fund Balance $505,851
Total Revenues $505,851
FiNi2C:CC)Wita-TEE
k
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
I IEREBY AMOVE THE FUMING RESOLUTION
Resolution #10283 November 3, 2010
Moved by Long supported by Coleman the resolutions (with fiscal notes attached) on the Consent Agenda be
adopted (with accompanying reports being accepted).
AYES: Bullard. Burns, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin. Greimel, Hatchett,
Jackson. Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Scott, Taub, Woodward,
Zack. (22)
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).
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, Ruth Johnson, 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 November 3, 2010,
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 r day of November, 2010.
Gat
Ruth Johnson, County Clerk