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Home My WebLink AboutResolutions - 2013.07.17 - 20895Miscellaneous Resolution 4 13173 BY: Commissioner Kathy Crawford, District 9 RE: BOARD OF COMMISSIONERS - TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2013 APPROPRIATION - CITY OF NOVI - 8 MILE ROAD, NAPIER ROAD TO TAFT ROAD - PROJECT NO. 51711 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 #10043, 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 City of Novi, 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 City of Novi and said appropriation has been transferred to a project account; and WHEREAS the City of Novi 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 2013 authorized amount of Tri-Party Road Improvement funding for Project 51711 in the City of Novi is $174,476. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Novi 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 City of Novi. Chairperson, I move the adoption of the foregoiqg Resolution. for OAKLAND COUNTY CEN TEN N L Board of Road Commissioners Ronald J. Fowkes Commissioner Gregory C. Jamian Commissioner May 23, 2013 Eric S. Wilson Commissioner Ms. Maryanne Cornelius, Clerk City of Novi 45175 \N. Ten Mile Road Novi, MI 48375-3024 Re: Project No. 51711, 8 Mile Road Napier Road to Taft Road Dear Ms. Cornelius: Dennis G. Kolar, PE Managing Director Gary Plotrowicz, P.E., Pro.E. Deputy Managing Director County Highway Engineer A fully signed and executed contract for the above-referenced 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, May 23, 2013. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645- 2000 ext. 2266 to answer any questions or for additional information. Sincerely, wLigi.A.AAA) Patricia Z. INibrzbicki Deputy-Secretary /Clerk of the Board Clerk of the Board 31001 Lahser Road Beverly Hills, MI 48025 248-645-2000 FAX 248-645-1349 I ism I Enclosure cc: Dennis Lockhart Tom Blust Tom Noechel Tim Soave www.rcocweb.org .(„:„(•;• for OAKLAND COUNTY OF TRANSPORTATION EXCFuRCE Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: May 9, 2013 To: Thomas G. Blust, RE, Director of Engineering FROM: Thomas G, Noechel, Programming Supervisor 7:491 SUBJECT: PROJECT NO. 51711,8 MILE ROAD NAPIER ROAD TO TAFT ROAD LOCAL COST PARTICIPATION AGREEMENT CITY OF NOVI Attached for your review and su ission toTthe-Board_ for their approval is the local cost participation agreement with the City of Novi for the resurfacing of 8 Mile Road from Napier Road to Beck Road ; a portion of the project described above The estimated total cost of the project is $3,015,000 and will be partially funded with Federal Surface Transportation Program Funds estimated in the amdunt of $1,732,500. The Board will contribute $759,072 toward the local match of $1,282,500 and the City of Novi will contribute $523,428,.. They have elected to use the Tri-Party Program to fund their entire share. Our estimated total' share is $933:,548 and is in the FY-I3 budget_ The project IS in the district of County Commissioner Kathy' S. Crawford. The agreement is in our standard ,approved format, and I recommend Board approval and authorize the'.Managing Director to exedite-the agreement on behalf of thel3oard. w, fje Attach men COST PARTICIPATION AGREEMENT CONSTRUCTION 8 Mile Road Napier Road to Beck Road City of Novi Board Project No. 51711 This Agreement, made and entered into this 2_3 P.-lb day of jV , 2013, by and between the Board of Road Commissioners for the County of Oakland, Michigan, hereinafter referred to as the BOARD, and the City of Novi, 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 resurfacing of 8 Mile Road from Napier Road to Beck 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 $3,015,000; 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 $1,732,500; 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 $523,428, 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 total payments to the contractor. 3. The estimated total LOCAL MATCH is $1,282,500 and shall be funded in the following order: a. Tr-Party Program funding in the amount of $523,428. b. The BOARD shall contribute $759,072 toward the LOCAL MATCH. c. Any PROJECT costs above the Tr-Party Program funding of $523,428 and the BOARD contribution of $759,072 will be funded 100% by the BOARD. 4. Upon execution of this agreement, the BOARD shall submit an invoice to the COMMUNITY in the amount of $174,476 (being 100% of the COMMUNITY'S Tri-Party contribution). 5. Upon execution of this agreement and approval by the COUNTY, the BOARD shall submit an invoice to the COUNTY in the amount of $174,476 (being 100% of the COUNTY'S Tr-Party contribution). 8 Mile Road - 2 - City of Novi Project No. 51711 04/08/2013 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 7. 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. . 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, 8 Mile Road - 3 - City of Novi Project No. 51711 04/0812013 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 a )9 is_ Its Managing Director Its 8 Mile Road -4- City of Novi Project No. 51711 4/8/2013 EXHIBIT A TRI-PARTY PROGRAM 8 Mile Road Napier Road to Beck Road City of Novi Board Project No. 51711 Resurfacing of 8 Mile Road from Napier Road to Beck Road. ESTIMATED PROJECT COST Contractor Payments $3,015,000 Less Federal Funds $1,732,500 Total Estimated Local Share $1,282,500 COST PARTICIPATION BREAKDOWN COMMUNITY COUNTY I BOARD TOTAL FY12 Tr-Party Program $5209j $52,097 $156,293 FY12 Addl Tr-Party Program $68,479 $68,479 $68,480 $205,438 FY13 Tri-Party Program $53,899 $53,899 $53,899 $161,697 Contribution $j $759,072 $759,072 TOTAL SHARES $174,476 $174,476 [ $933,548 $1,282,500 8 Mile Road - 5 - City of Novi Project No. 51711 04/08/2013 Resolution #13173 June 13, 2013 The Vice-Chairperson referred the resolution to Finance Committee. There were no objections. FISCAL NOTE (MISC. #13173) July 17, 2013 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2013 APPROPRIATION — CITY OF NOVI —8 MILE ROAD, NAPIER ROAD TO TAFT ROAD - PROJECT NO. 51711 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 13, 2012, the Board of Commissioners approved Miscellaneous Resolution #12322 which assigned $3,000,000 in fund balance for the Tr-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $174,476 is available in the General Fund Assigned Fund Balance for Tr-Party 2013 and prior funding (account #383510) for project 51711. 3. This project is for the resurfacing of 8 Mile Road from Napier Road to Beck 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 2013 budget be amended as follows: General Fund #10100 Revenue 9010101-196030-665882 Planned Use of Fund Balance Total Revenues Expenditures 90101 01-1 53010-740135 Road Commission Tr-Party Total Expenditures FY 2013 $174,476 $174,476 $174,476 $174,476 FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. Resolution #13173 July 17, 2013 Moved by Dwyer supported by Quarles the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES. Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, 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) if".77,17 : HEARN RESOLUTION CHEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (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 July 17, 2013, 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 17th day of July, 2013. Lisa Brown, Oakland County