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HomeMy WebLinkAboutResolutions - 2017.02.15 - 22775Commissioner Philip Weipert District #8 MISCELLANEOUS RESOLUTION #17029 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 — CITY OF NOVI — 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 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 2017 authorized amount of Tr- Party Road Improvement funding for Project No. 52111 in the City of Novi is $83,333. 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 foregoing Resolution. I / COMMissioner Hugh CraWford District #9 22_ Quality Life through Good Roads "We Care" =AN:20W CCPINFAVLS:riChir for OAKLAND COUNTY Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: November 22, 2016 To: Thomas G. Blust, RE., Director of Engineering FROM: Thomas G. Noechel, Programming Supervisor -734 SUBJECT: PROJECT NO. 52111, NAPIER ROAD 9 MILE ROAD TO 10 MILE ROAD LOCAL COST PARTICIPATION AGREEMENT/TRI-PARTY PROGRAM CITY OF NO VI Attached for your review and submission to the Board for their approval is the local cost participation agreement with the City of Novi 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 expected to begin next year. The estimated total cost of $500,000 will be shared equally between the City of Novi and the Board. The city has elected to use the Tr-Party Program to fund their 50% share. Our total estimated share is $333,333 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. /je Attachments Recommended for Board Approval . . Thomas G. Blust, P.E. Director of Engineering =ROAD CONNISSiON for OAKLAND COUNTY QUALITY LIFE THROUGH GOOD ROADS: :OAD COMMISSION FOR OAKLAND COUNTY WE CARE." December 8, 2016 Ms. Maryanne Cornelius, Clerk City of Novi 45175 W. Ten Mile Road Novi, MI 48375-3024 Re: NAPIER ROAD, 9 MILE ROAD TO 10 MILE ROAD PROJECT NO. 52111 Dear Ms. Cornelius: 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, December 8, 2016. 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, FE. Managing Director Gary Piotrowicz, P.E., Deputy Managing Director County Highway Engineer Sincerely, vincur)nc. Shannon J. Niller Deputy-Secretary /Clerk of the Board Ism Enclosure cc: Finance Department Engineering Department Programming Division Lynn Sonkiss, Oakland County Clerk of The Board 31001 Lahser Road Beverly Hills, MI 48025 248-645-2000 FAX 248-645-0452 TDD 248-645-9923 wwwscocweb.org COST PARTICIPATION AGREEMENT RIGHT OF WAY ACQUISITION Napier Road 9 Mile Road to 10 Mile Road City of Novi Board Project No. 52111 This Agreement, made and entered into this 54a" day of 1>eceiriber , 2016, by and between the Board of County Road Commissioners of 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 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 $500.000; and WHEREAS, said RIGHT OF WAY involves certain designated and approved funding in accordance with the Tr-Party Program in the amount of $250,000, 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 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 $500,000 shall be funded in the following order: a. Tr-Party Program funding in the amount of $250,000. b. The BOARD shall contribute $250,000 toward the RIGHT OF WAY. c. Any RIGHT OF WAY costs above the Tr-Party Program funding of $250,000 and the BOARD contribution of $250,000 will be funded first with any available Tri-Party Program funds. If no Tri-Party Program funds are available, any RIGHT OF WAY costs above $500,000 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 for $83,334 (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 $83,333 (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 City of No)4 Project No. 52111 10/140018 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 -&)-vyl-tA0 By Its Managing °Irmo!. Napier Road 3 City of Novi Project No 52111 1011412016 EXHIBIT A TRI-PARTY PROGRAM Napier Road 9 Mile Road to 10 Mile Road City of Novi 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 $500,000 Total Estimated Right of Way Cost $500,000 COST PARTICIPATION BREAKDOWN COMMUNITY COUNTY BOARD TOTAL FY2016 Tri-Party Program $83,334 $83,333 $83,333 $250,000 Contribution $0 $0 $250,000 $250,000 TOTAL SHARES $83,334 $83,333 $333,333 $500,000 Napier Road City of Novi Project No. 52111 10/1412016 4 CITY OF NOVI COUNTY OF OAKLAND, MICHIGAN RESOLUTION OF PARTICIPATION AOI 6 TRI-PARTY PROGRAM Minutes of a Meeting of the City Council of the City of Novi. County of Oakland. Michigan, held in the City Hall of said City on February 29, at 7:00 o'clock P.M. Prevailing Eastern Time. PRESENT: Councilmembers Gott, Staudt, Casey, Markham, Mutch, Wrobel ABSENT: Councilmember Burke The following preamble and Resolution were offered by Councilmember Casey and supported by Councilmember Wrobel. WHEREAS; the Road Commission for Oakland County has invited the City of Novi to participate in the Fiscal Year 2016 Tri-Party Program for road improvements; and WHEREAS ; the Tri-Party Program is a means to provide for improvements to County roads with funding derived from the local units of government, the County Board of Commissioners, and the Road Commission for Oakland County; and WHEREAS ; the City of Novi supports and strongly encourages the continuation of an annual Tn-Party Program with participation by the local unit of government, the Road Commission for Oakland County and the County Board of Commissioners; and WHEREAS; $326,413 has been allocated for Novi with the total 2016 contnbution from the City of Novi totaling $108,804; and, WHEREAS; the Napier Road (Nine Mile to Ten Mile) Paving and Napier/Ten Mile Intersection Improvement project is scheduled for construction in 2017. NOW THEREFORE, IT IS THEREFORE RESOLVED that that the Mayor and Council of the City of Novi authorize participation in the Road Commission for Oakland County's 2016 Tr-Party Program for Road Improvements and designate $326,413 in 2016 Tri-Party funds to the Napier Road (Nine Mile to Ten Mile) Paving and Napier/Ten Mile Intersection Improvement project. AYES: Gaff, Staudt, Casey, Markham, Mulch, Wrabel (6) NAYS: None (0) RESOLUTION DECLARED ADOPTED. CERTIFICATION I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City Council of the City of Novi, County of Oakland, and State of Michigan, at a regular meeting held this 29th day of February, 2016, and that public notice of said meeting was giiren pursuant to and in full compliance with Act No. 267, Public Acts of Michigan, 1976, and that the minutes of said meeting have been kept ars1„mp,de available to the public as required by said Act. ' •0""T." " • . r: "•'+' Cornelius, CrtYpdr..k, ovi Nkirr;;:. 2 Resolution #17029 January 26, 2017 The Chairperson referred the resolution to the Finance Committee. There were no objections. missioner Thomas Middleton, District #4 Chairperson, Finance Committee FISCAL NOTE (MISC. #17029) February 15, 2017 BY: Commissioner Thomas Middleton, Chairperson, Finance Committee IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2017 APPROPRIATION — CITY OF NOVI — 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. On December 8, 2016, the Board of Commissioners approved Miscellaneous Resolution #16324 which assigned $4,086,500 in fund balance for the Tr-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $83,333 is available in the General Fund Assigned Fund Balance for Tr-Party 2017 and prior funding (account #383510) for project 52111. 3. This project is for the right of way acquisition for the future paving of Napier Road from 9 Mile Road to 10 Mile 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 2017 budget be amended as follows: GENERAL FUND #10100 FY 2017 Revenue 9010101-196030-665882 Planned Use of Balance Total Revenues $83,333 $83,333 Expenditures 9010101-1 5301 0-740135 Road Commission Tr-Party $83,333 Total Expenditures $83,333 FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Bowman absent. Resolution #16029 February 15, 2017 Moved by Fleming supported by McGillivray the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Crawford, Dwyer, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, Kowa11, Long, McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman. (21) 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). - HEREBYAPPROVErTHIS RESOLUTION CHIEF 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 February 15, 2017, 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 15th day of February, 2017. Lisa Brown, Oakland County