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Home My WebLink AboutResolutions - 2019.04.18 - 31243REPORT (MISC. #19056) April 18, 2019 BY: Commissioner William Miller, Chairperson, Economic Growth and Infrastructure Committee IN RE: MR #19056 — BOARD OF COMMISSIONERS — TRI -PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2019 APPROPRIATION — CITY OF NOVI — RECONSTRUCTION OF 12 MILE ROAD AT NOVI ROAD — PROJECT NO. 54551 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Economic Growth and Infrastructure Committee, having reviewed the above -referenced resolution on April 9, 2019, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Economic Growth and infrastructure Committee, I move the acceptance of the foregoing report. Commissioner William Miller, District #14 Chairperson, Economic Growth and Infrastructure Committee ECONOMIC GROWTH AND INFRASTRUCTURE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. MISCELLANEOUS RESOLUTION #19056 BY: Commissioner Gwen Markham, District #9 IN RE: BOARD OF COMMISSIONERS—TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2019 APPROPRIATION — CITY OF NOVI — RECONSTRUCTION OF 12 MILE ROAD AT NOVI ROAD — PROSECT NO, 54551 To the Oakland County Board of Commissioners: Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri -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 on December 6, 2018, the Board of Commissioners approved Miscellaneous Resolution #18446 which designated $4,372,189 in fund balance for the Tri -Party Road Improvement Program for projects managed by the RCOC; 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 one-third (113) 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 one-third (113) 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 2019 authorized amount of Tri -Party Road Improvement funding for Project No. 54551 in the City of Novi is $209,370; and WHEREAS funding is available in the General Fund Assigned Fund Balance for Tri -Party 2019 and prior funding (account #383510) for Project No. 54551 in the amount of $209,370. 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 Tri -Party Road Improvement Program funds from the Oakland County Assigned Fund Balance. BE 1T 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 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, BE IT FURTHER RESOLVED the FY 2019 budget will be amended as follows: GENERAL FUND (#10100) FY 2019 Revenue 9010101-196030-665882 Planned Use of Balance $209,370 Total Revenue $gyp Expenditures 9010101-153010-740135 Road Commission Tri -Party $209,370 Total Expenditures 209 370 Chairperson, I move the adoption of the foregoing Resolution. Commissioner Gwen Markham District #9 Qua* Life through 00od Roads "K CWre 12B 03/07/IR AQ Inter�Departrnental Memorandum PROGRAMMING DIVISION DATE: February 21, 2019 To- Thomas G. Blust, P.E., Uirector of Engineering FROM: Thomas G. Noer-hel, Programming Supervisor -Tb 0 SuBjEcT: PROJECT NO. 54551,12 MILE ROAD AT NOVI ROAD LOCAL COST PARTICIPATION AGREEMENT/TRI.PARTY PROGRAM CITY OF NOVI Recommended for Board Approval Thomas G. Blust, P.E, Diro*r of Engineern, V Lr �� .1� iQ BROAD CONAWSWON QUALITY LIFETHROUGH GOOD ROADS: :OAD COMMISSION FOR OAKLAND COUNTY "WE CARE." 3oard of Road Commissioners Ronald J, Powkes Commissioner Gregory C. Jamian Commissioner Andrea LaLonde Commissioner Dennis G. Kolar, P.E. Managing Director Gary Piotrowicz, P.E., P. T. 0. E. Deputy Managing Director County Highway Engineer March 7, 2019 Ms. Cortney Hanson, Clerk City of Novi 45175 W. Ten Mile Road Novi, MI 48375-3024 Re: 12 Mile Road at Novi Road Project No. 54551 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, March 7, 2019. Please contact Thomas G. Noechel, Programming Supervisor at (248) 645-2000 ext. 2266 to answer questions or for additional information. Sincerely, n annon J. Mill ?� Deputy -Secretary /Clerk of the Board Clerk of the Hoard 1 Ism 31001 Lahser Road Beverly Hills, Mi 48025 248-645-2000 FAX 249.645-0452 TDD 248-645-9923 www.rcocweb.org Enclosure cc: Finance Department Engineering Department Programming Division Lynn Sonkiss, Oakland County COST PARTICIPATION AGREEMENT CONSTRUCTION 12 Mile Road At Novi Road City of Novi Board Project No. 54551 This Agreement, made and entered into this 7th day of March 20191 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 thS COMMUNITY, prNides as follows: WHEREAS, the BOARD and the COMMUNITY have programmed the concrete reconstruction of 12 Mile Road at Novi Road, as described in Exhibit "Aattached 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 PROJIECT; and WHEREAS, said PROJECT involves certain designated and approved Tri -Party Program funding in the amount of$628,1 11, which amoUntshall be paid through equal contributions bythe !J, AC�W;JAV( thtJ*&*6 to asthe COUNTY, and WHEREAS, the BOARD and the COMMUNITY have reached a mutual understandin regarding the cost sharing of the PROJECT and wish to commit that understanding to writing il MUSS= 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 to perform or cause to be performed, and complete the PROJECT along with all administration in reference thereto. 2. The PROJECT shall include construction engineering and total payments to the contractor. Any costs incurred by RCOC prior to this agreement date shall be allowable. 3. The estimated total PROJECT cost of $1,100,000 shall be invoiced and funded in the following order: a. The BOARD shall contribute and perform all construction engineering, estimated in the amount of $100,000. b. The COMMUNITY shall advance $800,000 toward the PROJECT. The COMMUNITY will use $828,111 in Tri -Party Program funds along with an additional contribution of $171,889 for this advance. c. The advance construct local share, estimated in the amount of $200,000, shall be shared equally between the BOARD and the COMMUNITY. Each share is estimated to be $100,000, respectively. d. The COMMUNITY agrees that if the federal funds conversion does not occur, this amount will be shared equally by the BOARD and the COMMUNITY. e. The COMMUNITY agrees that any PROJECT overages (excluding construction engineering), shall be shared equally between the BOARD and the COMMUNITY. 4. Upon execution of this agreement, the BOARD shall submit an invoice to the COMMUNITY in the amount of $481,259 (being 100% of the COMMUNITY'S Tri -Party contribution, 100% of the COMMUNITY'S additional contribution of $171,889, and 100% of the COMMUNITY'S NHPP FY2021 Advance Construct Match). 5. After execution of this agreement and approval by the COUNTY, the BOARD shall submit an invoice to the COUNTY in the amount of $209,370 (being 100% of the COUNTY'S Tri -Party contribution). 12 Mile Road -2- City 2City of Novi Project No. 54551 1/3012019 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. 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. 7. The BOARD shall reimburse the COMMUNITY and the COUNTY: 1) the amount of $381,259 paid to date by the COMMUNITY and $209,370 paid to date by the COUNTY, or 2) the refunded advance conversion dollars received from MDOT (whichever is the lesser) for advance constructing $800,000 in FY2021 NHPP funds after the conversion of the federal funds in FY2021 is received by the BOARD and after final adjustment notices are received upon completion of State financial audits. 8. After the advance construct reimbursement to the COMMUNITY and the COUNTY, the BOARD shall credit the COMMUNITY'S Tri -Party Program balance for the $800,000 advance. 9. 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. 12 Mile Road -3- City 3 - City of Novi Project No. 54551 1/30/2019 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 Its Managing Director CITY O m Its 12 Mile Road -4- City 4 - City of Novi ProJect No. 54551 1/30/2019 EXHIBIT A TRI -PARTY PROGRAM 12 Mile Road At Novi Road City of Novi Board Project No. 54551 Concrete reconstruction of the 12 Mlle Road at Novi Road intersection. ESTIMATED PROJECT COST Construction Engineering $100,000 Contractor Payments $1,000,000 Total Estimated Project Cost $1,100,000 COST PARTICIPATION BREAKDOWN 12 Mile Road - 5 - City of Novi Project No. 54551 1/30/2019 COMMUNITY COUNTY BOARD TOTAL FY2018 Tri -Party Program $108,865 $108,865 $108,866 $326,596 FY2019 Tri -Party Program $100,505 $100,505 $100,505 $301,515 Construction Engineering 0 $0 $100,000 $100,000 NHPP Advance Construct F72021 (amount not covered by Tri -Party Pro ram funds $171,889 $0 $0 $171,889 NHPP Advance Construct Match $100,000 $0 $100,000 $200,000 TOTAL SHARES $481,259 $209,370 $409,371 $1,100,000 12 Mile Road - 5 - City of Novi Project No. 54551 1/30/2019 Resolution #19056 March 14, 2019 The Chairperson referred the resolution to the Economic Growth and Infrastructure Committee. There were no objections. Resolution #19056 April 18, 2019 Moved by Gingell seconded by Markham the resolutions on the Consent Agenda be adopted with accompanying reports being accepted. AYES: Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson, Gingell. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted with accompanying reports being accepted. GERALD D. POISSON 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 April 18, 2019, 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 Circuit Court at Pontiac, Michigan this 18th day of April, 2019. Lisa Brown, Oakland County