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HomeMy WebLinkAboutResolutions - 2017.07.19 - 23040MISCELLANEOUS RESOLUTION #17223 BY: Commissioner Hugh D. Crawford, District #9; Commissioner Philip J. Weipert, District #8 IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2017 APPROPRIATION — CITY OF NOVI — RECONSTRUCTION OF NAPIER ROAD INCLUDING A ROUNDABOUT AT NAPIER ROAD AND 10 MILE 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 $108,938. 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 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 copes—ortftis resolution to the Road Commission for Oakland County, Oakland County Fiscal Services apd the City of Novi. .-• Chairperson, I move the adoptiop of the foregoing Resolution. I / Connmissioi er Hugh Crawford ( l 4V I ommissioner Philip Weipert "-/District #8 Quality Life through Good Roads "We Care" =A° CPA 1.17 CC 0111111VSS A ft, (BE for OAKLAND COUNTY Inter—Departmental Memorandum PROGRAMMING DIVISION DATE: June 13, 2017 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 CITY OF NOVI 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 reconstruction of Napier Road from 9 Mile Road to 10 Mile Road including the construction of a roundabout at Napier Road and 10 Mile Road. Construction on this project is expected to begin this summer. The estimated total cost is $6,261,300 and will be partially funded with Surface Transportation Program funds in the amount of $4,796,848. The local match of $1,464,452 will be shared between RCOC, the Charter Township of Lyon, and the City of Novi. Our total estimated share is $879,869 and is in the FYI 7 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 omas G. Blust, P.E. ;LI Director of Engineering At=2=FROA D COMMISSION for OAKLAND COUNTY QUALITY LIFE THRollaN °coo ROADS: DAD COMMISsioN VDR OAKLAND COUNTY WE CARE" June 22, 2017 9oard of Road Commissioners Ronald J. Fowkes Commissioner Gregory C. Jamian Commissioner Eric S. Wilson Commissioner Dennis G. Kolar, RE. Managing Director Gary Pioirowicz, PE, 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. Cortney Hanson, Clerk City of Novi 45175W. Ten Mile Road Novi, MI 48375-3024 Re: Project No. 52111, Napier Road Dear Ms. Hanson: 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, June 22, 2017. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, Shannon J. Wier Deputy-Secretary /Clerk of the Board Ism Enclosure cc: Finance Department Engineering Department Programming Division Lynn Sonkiss, Oakland County COST PARTICIPATION AGREEMENT CONSTRUCTION Napier Road 9 Mile Road to 10 Mile Road City of Novi Board Project No, 52111 Qtri This Agreement, made and entered into this ;4-- day of d.4_1(z. , 2017, 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 NOVI, provides as follows: WHEREAS, the BOARD, NOVI, and the Charter Township of Lyon, hereinafter referred to as LYON, in cooperation with the Michigan Department of Transportation, hereinafter referred to as MDOT, have programmed the reconstruction of Napier Road from 9 Mile Road to 10 Mile Road including the construction of a roundabout at Napier and 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 LYON and NOVI, which improvements are hereinafter referred to as the PROJECT; and WHEREAS, the estimated total cost of the PROJECT is $6,261,300; and WHEREAS, the BOARD will enter into a contract with MOOT for partial funding of the PROJECT with federal program dollars under the Federal Surface Transportation Program in the amount of $4,796,848; and WHEREAS, the BOARD, as the requesting party therein, will 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 SHARE; and WHEREAS, NOVI'S share of said LOCAL SHARE involves certain designated and approved Tr-Party Program funding in the amount of $326,813, which shall be paid through equal contributions by the BOARD, NOVI, 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 SHARE 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 NOVI and the BOARD that: 1. LYON and NOVI approve of the PROJECT, declare its public necessity, and authorizes the BOARD and MOOT 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 SHARE of $1,464,452 shall be shared 50% by the BOARD, 25% by LYON, and 25% by NOVI. Any costs incurred by RCOC prior to this agreement date shall be allowable. 4. The LOCAL SHARE shall be funded and invoiced simultaneously as follows: a. The Board shall contribute 50% of the LOCAL SHARE, estimated in the amount of $732,226. b. LYON shall contribute 25% of the LOCAL SHARE, estimated in the amount of $366,113 ($116,116 in Tr-Party Program funds and a $249,997 contribution). c. NOVI shall contribute 25% of the LOCAL SHARE, estimated in the amount of $366,113 ($326,813 in Tr-Party Program funds and a $39,300 contribution). d. Any LOCAL SHARE overages shall be shared 50% by the BOARD, 25% by LYON, and 25% by NOVI. 5. Upon execution of this agreement, the BOARD shall submit an invoice to NOVI in the amount of $74,119 (being 50% of NOVI'S Tr-Party contribution of $108,938 and 50% of NOVI'S additional contribution of $39,300). Napier Road - 2 - City of Novi Project No. 52111 5/25/2017 6. Upon execution of this agreement and approval by the COUNTY, the BOARD shall submit an invoice to the COUNTY in the amount of $108,938 (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 7. As costs of the PROJECT are incurred, the BOARD shall invoice NOVI for the remaining 50%. 8. The total actual LOCAL SHARE 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. 9. Upon receipt of said invoice(s), the NOVI and the COUNTY shall pay to the BOARD the full amount thereof, within thirty (30) days of such receipt. 10. The BOARD shall execute a separate Cost Participation Agreement with LYON, for their share of the estimated PROJECT cost. Napier Road - 3 - City of Novi Project No. 52111 5/25/2017 By 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 D.,Orn-u6 A<IZZA Its .vianaging Director Its tVI • 1440 II ktA :.a.10alaiRar Robert J. Gatt Mayor Napier Road -4- City of Novi Project No, 52111 5/25/2017 EXHIBIT A TRI-PARTY PROGRAM Napier Road 9 Mile Road to 10 Mile Road City of Novi Board Project No. 52111 Reconstruction of Napier Road from 9 Mile Road to 10 Mile Road including a roundabout at Napier Road and 10 Mile Road, ESTIMATED PROJECT COST Contractor Payments Less Federal Funds Total Estimated Local Share $6,261,300 $4,796,848 $1,464,452 COST PARTICIPATION BREAKDOWN LYON NOVI COUNTY BOARD TOTAL FY16 Tri-Party Program $0 $471 $471 $471 $1,413 FY17 Tr-Party Program $38,705 $108,467 $147,172 $147,172 $441,516 Contribution $249,997 $39,300 $0 $732,226 $1,021,523 TOTAL SHARES $288,702 $148,238 $147,643 $879,869 $1,464,452 Napier Road -5- City of Novi Project No. 52111 5/25/2017 Resolution #17223 July 19, 2017 The Chairperson referred the resolution to the Finance Committee. There were no objections.