HomeMy WebLinkAboutResolutions - 2017.08.10 - 23043ommissioner Philip Weipert
District #8
MISCELLANEOUS RESOLUTION #17221
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 — 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 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 (1/3) share of the — Fiscal Year 2017 authorized amount of In-
Party Road Improvement funding for Project No. 52111 in the Charter Township of Lyon is $38,705.
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 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 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.
Comnlisioner Hugh Cravebrd
Distri&t #9
l‘/TKomas G. Blust, P.E.
L74— Director of Engineering
Quality Life through Good Roads "We Care"
=111? 1214 At2
Cir,A#4911§975.ffifiCPW
for OAKLAND COUNTY
Inter—Departmental Memorandum
PROGRAMMING DIVISION
DATE: June 9, 2017
To: Thomas G. Blust, RE., Director of Engineering
FROM: Thomas G. Noechel, Programming Supervisor -704
SUBJECT: PROJECT NO. 52111, NAPIER ROAD
9 MILE ROAD 10 10 MILE ROAD
LOCAL COST PARTICIPATION AGREEMENT/MI-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 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 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
=ROAD COMMISSION
for OAKLAND COUNTY
QUALITY LIFE THROUGO GOOD ROADS:
:OAD COMMISSION FOR OAKLAND COUNTY
"WE CARE,"
June 22,2017
3oarcl of Road Commissioners
Ronald J. Fowkes
Commissioner
Gregory C, Jamian
Commissioner
Eric S. Wilson
Commissioner
Dennis G. Kolar, P.E.
Managing Director
Gary Piotrowicz, PE., P. TOE.
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. Michele Cash, Clerk
Charter Township of Lyon
58000 Grand River Avenue
New Hudson, MI 48165
Re: Project No. 52111, Napier Road
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, June 22, 2017.
Please contact Thomas G. Noechel, Programming Supervisor at (248)
645-2000 ext. 2266 to answer questions or for additional information.
Sincerely,
..4)cuArl 1 .
Shannon J. M ler
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
Charter Township of Lyon
Board Project No, 52111
This Agreement, made and entered into this 2)1-14' day of , 2017,
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 LYON, provides as follows:
WHEREAS, the BOARD, LYON, and the City of Novi, hereinafter referred to as NOVI, 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 MDOT 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 MDOT to bear all costs of the PROJECT in excess of federal funds, hereinafter
referred to as the LOCAL SHARE; and
WHEREAS, LYON'S share of said LOCAL SHARE involves certain designated and
approved Tr-Party Program funding in the amount of $116,116, which shall be paid through
equal contributions by the BOARD, LYON, 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 LYON and the BOARD that:
1. LYON and NOVI approve of the PROJECT, declare 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 SHARE of $1,464,452 shall be shared 50% by the BOARD,
25% by LYON, and 25% by NOW 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 LYON in the
amount of $144,351 (being 50% of LYON'S Tr-Party contribution of $38,705 and 50%
of LYON'S additional contribution of $249,997).
Napier Road
Charter Township of Lyon
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 $38,705 (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 LYON 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 LYON 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 NOVI, for their
share of the estimated PROJECT cost.
Napier Road - 3 -
Charter Township of Lyon
Project No. 52111
5/25/2017
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 5L, recnjtelon
Napier Road
Charter Township of Lyon
Project No. 52111
5125/2017
EXHIBIT A
TRI-PARTY PROGRAM
Napier Road
9 Mile Road to 10 Mile Road
Charter Township of Lyon
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 $6,261,300
Less Federal Funds $4,796,848
Total Estimated Local Share $1,464,452
COST PARTICIPATION BREAKDOWN
_
LYON NOVI COUNTY BOARD TOTAL
FY16 Tri-Party Program $0 $471 $471 $471 $1,413
FY17 Tri-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
Charter Township of Lyon
Project No. 52111
5/25/2017
Resolution #17221 July 19, 2017
The Chairperson referred the resolution to the Finance Committee, There were no objections.
FISCAL NOTE (MISC. #17221) August 3, 2017
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: BOARD OF COMMISSIONERS — TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR
2017 APPROPRIATION — CHARTER TOWNSHIP OF LYON — 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:
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 designated $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 $38,705 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 reconstruction of Napier Road including a roundabout at Napier Road and 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 will be amended as follows:
GENERAL FUND #10100
FY 2017
Revenue
9010101-196030-665882 Planned Use of Balance $38,705
Total Revenues $38,705
Expenditures
9010101-153010-740135 Road Commission Tr-Party $38,705
Total Expenditures $38,705
Commissioner Thomas Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Kowall, Fleming and Woodward absent.
Resolution #17221 August 10, 2017
Moved by Crawford supported by Quarles 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,
KowaII, Long, McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Zack, Berman,
Bowman. (20)
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).
I HEREBY APPriOVE THIS 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 August 10,
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 10th day of August, 2017.
Lisa Brown, Oakland County