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HomeMy WebLinkAboutResolutions - 2017.01.26 - 22766MISCELLANEOUS RESOLUTION #17028 BY: Commissioner Philip J. Weipert, District #8; Commissioner Hugh D. Crawford, District #9 IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2017 APPROPRIATION — CHARTER TOWNSHIP OF LYON — RIGHT OF WAY ACQUISITION FOR THE FUTURE PAVING OF NAPIER ROAD — PROJECT NO. 52111 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 Lyon, 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 Lyon and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Lyon 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 (113) share of the — Fiscal Year 2017 authorized amount of Tr- Party Road Improvement funding for Project No. 52111 in the Charter Township of Lyon is $13,923. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Lyon 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 Lyon. Chairperson, I move the adoption of the foregoing Resolution. 0) :ommissioner Philip Weipert District #8 — Commissioner Hugh CrawfdVd District #9 Quality Life through Good Roads "We Care" A=C:=1=7/1742,0440P ifiaolfdeirAfSSfit7W for OAKLAND COUNTY Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: October 27, 2016 To: Thomas G. Blust, RE., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor SUBJECT: PROJECT NO. 52111, NAPIER ROAD 9 MILE ROAD 10 10 MILE ROAD LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM CHARTER TOWNSHIP OF LYON Attached for your review and submission to the Board for their approval is the local cost participation agreement with the Charter Township of Lyon for the right of way acquisition for the future paving of Napier Road from 9 Mile Road to 10 Mile Road. Construction on this project is scheduled to begin next year. The estimated total cost is $100,000 will be shared equally between the township and the Board. The township has elected to use the Tr-Party Program to fund their 50% share. Our total estimated share is $63,923 and is in the FY17 budget. The project is in the district of County Commissioners Philip J. Weipert and Hugh D. Crawford. 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 oqcur =ROAD CONN/SS/ON for OAKLAND COUNTY QUALITY LIFE THROUGH GOOD ROADS: OAD COMSKSSION FOR OAKLAND COUNTY "WE CARE." November 10, 2016 Ms. Michele Cash, Clerk Charter Township of Lyon 58000 Grand River Avenue New Hudson, MI 48165 Re: NAPIER ROAD, 9 MILE ROAD TO 10 MILE ROAD PROJECT NO. 52111 Dear Ms. Cash: 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, November 10, 2016. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. 3oard of Road Commissioners Ronald J. Fowkes Commissioner Gregory C. Jamian Commissioner Eric S. Wilson Commissioner Dennis G. Kolar, Managing Director Gary Piotrowicz, PE., P.T.O.E. Deputy Managing Director County Highway Engineer Sincerely, /- Shannon J. Miller Deputy-Secretary /Clerk of the Board 31001 Lahser Road Beverly Hills, MI 48025 Ism Enclosure 248-645-2000 FAX 248-645-0452 TDD 248-645-9923 www.rcocweb.org cc: Dennis Lockhart Engineering Department Programming Division Lynn Sonkiss, Oakland County COST PARTICIPATION AGREEMENT RIGHT OF WAY ACQUISITION Napier Road 9 Mile Road to 10 Mile Road Charter Township of Lyon Board Project No. 52111 This Agreement, made and entered into this day of 1n10,1Q.mbor , 2016, 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 Lyon, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD and the COMMUNITY have programmed the right of way acquisition for the future paving of Napier Road from 9 Mile Road to 10 Mile 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 RIGHT OF WAY; and WHEREAS, the estimated total cost of the RIGHT OF WAY is $100,000; and WHEREAS, said RIGHT OF WAY involves certain designated and approved funding in accordance with the Tr-Party Program in the amount of $41,769, 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 RIGHT OF WAY 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 RIGHT OF WAY, declares its public necessity, and authorizes the BOARD to perform or cause to be performed, and complete the RIGHT OF WAY along with all administration in reference thereto. 2. The RIGHT OF WAY is hereby defined as all costs necessary for the right-of-way acquisition work including engineering, appraisals, acquisition, legal, financing, the costs of technical guidance, monitoring, training and any other costs as may be incurred by the BOARD as a result of this agreement. 3. The estimated total RIGHT OF WAY cost of $100,000 shall be funded in the following order: a. Tr-Party Program funding in the amount of $41,769. b. The BOARD shall contribute $50,000 toward the RIGHT OF WAY. c. The COMMUNITY shall contribute $8,231 toward the RIGHT OF WAY. b. Any RIGHT OF WAY costs above the Tr-Party Program funding of $41,769, the BOARD contribution of $50,000, and the COMMUNITY contribution of $8,231 will be funded first with any available Tr-Party Program funds. If no Tr-Party Program funds are available, any RIGHT OF WAY costs above $100,000 will be shared equally by the BOARD and the COMMUNITY. 4. Upon execution of this Agreement, the BOARD shall submit an invoice to the COMMUNITY for $22,154 (being 100% of the COMMUNITY'S Tr-Party contribution of $13,923 and 100% of the COMMUNITY'S additional contribution of $8,231). 5. After execution of this agreement and approval by the COUNTY, the BOARD shall submit an invoice to the COUNTY in the amount of $13,923 (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. Napier Road 2 Charter Township of Lyon Project No. 52111 10/1W20-16 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 Its Managing Director CHARTER TOWNSHIP OF LYON By Its Napier Road 3 Charter Township of Lyon Project No, 52111 10/18/2016 EXHIBIT A TR1-PARTY PROGRAM Napier Road 9 Mile Road to 10 Mile Road Charter Township of Lyon Board Project No. 52111 The RIGHT OF WAY is hereby defined as all costs necessary for the right of way acquisition work including engineering, appraisals, acquisition, legal, financing, the costs of technical guidance, monitoring, training and any other costs necessary to complete the right of way acquisition ESTIMATED PROJECT COST Right of Way Acquisition $100,000 Total Estimated Right of Way Cost $100,000 COST PARTICIPATION BREAKDOWN COMMUNITY COUNTY BOARD TOTAL FY2016 Tri-Party Program $13,923 $13,923 $13,923 $41,769 Contribution $8,231 $0 $50,000 $58,231 TOTAL SHARES $22,154 $13,923 $63,923 $100,000 Napier Road 4 Charter Township of Lyon Project No 52111 10/1812015 Resolution #17028 January 26, 2017 The Chairperson referred the resolution to the Finance Committee. There were no objections.