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HomeMy WebLinkAboutResolutions - 2005.12.08 - 27824MISCELLANEOUS RESOLUTION 105305 December 8, 2005 BY: GENERAL GOVERNMENT COMMITTEE, WILLIAM PA1TERSON, CHAIRPERSON IN RE: ROAD COMMISSION FOR OAKLAND COUNTY/DEPARTMENT OF PUBLIC SERVICES - VETERAN'S SERVICES DIVISION — PAVING OF GREAT LAKES NATIONAL CEMETERY ROAD AND DONATION ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS the Federal Government is in the process of constructing a national veteran's cemetery in Holly Township, which will hold 127,000 graves when completed; and WHEREAS the road leading to the cemetery is currently gravel; and WHEREAS cost to pave the road between North Holly Road and the Great Lakes National Cemetery is approximately $1,155,310; and WHEREAS the Road Commission for Oakland County has agreed to make safety improvements on North Holly Road and include the above-mentioned road paving in one project; and WHEREAS the Road Commission for Oakland County has acquired federal funding of $884,990 (80% of the project) through the Michigan Department of Transportation (MDOT); and WHEREAS $110,320 of the 20% local match ($270,320) will be funded by the Road Commission for Oakland County; and WHEREAS the Department of Public Services has found a donor who agrees to donate the remaining portion of the local match of approximately $160,000 through payments to the Oakland County General Fund in five equal installments during the project and thereafter as specified in the attached letter of understanding; and WHEREAS the acceptance of the donation will not require any additional costs to the Oakland County General Fund; and WHEREAS the Road Commission for Oakland County agrees to manage the project and request one-third of the local County match funding for the road paving when the agreement is signed, one-third when the construction contract is awarded and the balance of funding when the project is completed, as specified in the attached agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Project in cooperation with the Michigan Department of Transportation and the Road Commission for Oakland County to pave the gravel road of Belford Road.from North Holly Road to the at- grade crossing of the CSX Railroad leading to the Great Lakes National Cemetery for United States Veterans, located in the Township of Holly. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Board Chairman to enter into the attached Cost Participation Agreement with the Road Commission for Oakland County to advance funds up to $160,000 of the local match from the General Fund. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners accepts the donation from Frank Torre for $160,000 to be used towards paving the road to the Great Lakes National Cemetery and agrees to the receipt of the donation in five installments. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Board Chairman to enter into the attached Great Lakes National Cemetery Road Paving Agreement between Frank Torre and Oakland County. BE IT FURTHER RESOLVED that in consideration of Mr. Torres generous contribution, as outlined in the attached Agreement, Oakland County agrees to install a marker or sign at or near the entrance of the Great Lakes National Cemetery acknowledging Mr. Torre's contribution to this most valuable and important project. Chairperson, on behalf of the General Government Committee, I move the adoption of the forgoing resolution. 1(3 GENERAL GOVERNMENT OMMITTEE General Government Committee Vote: Motion carried on a roll call vote with Hatchett and Melton absent. COST PARTICIPATION AGREEMENT Belford Road Paving N. Holly Road to E. of CSX Railroad Crossing Township of Holly BOARD Project No. 47661 This Agreement, made and entered into this day of , 2005, by and between the Board of Road Commissioners for the County of Oakland, a Michigan public body corporate with administrative offices at 31001 Lahser Road, Beverly Hills, Michigan 48025, hereinafter referred to as the BOARD, and the Oakland County Board of Commissioners, a county government with offices located at 1200 North Telegraph Road, Pontiac, Michigan 48341, hereinafter referred to as the COUNTY, provides as follows: WHEREAS, the BOARD, in cooperation with the Michigan Department of Transportation, hereinafter referred to as MDOT, have programmed the gravel road paving of Belford Road from North Holly Road to the at-grade crossing of the CSX Railroad, described in Exhibit "A", attached hereto and made a part hereof, which improvements involve roads under the jurisdiction of the BOARD, hereinafter referred to as the PROJECT; and WHEREAS, the estimated total PROJECT cost is $1,155,310; and WHEREAS, the BOARD has entered into Contract Number 05-5414 with MDOT for partial funding of the construction cost for the PROJECT with federal funds under the combined Federal Surface Transportation Program-Rural and Federal Demonstration Funds; and WHEREAS, the BOARD, as requesting party therein, shall be the party financially responsible to MDOT to bear all costs of the PROJECT in excess of the federal funds, hereinafter referred to as the LOCAL MATCH; and WHEREAS, the COUNTY is desirous of making a contribution in the form of three installment payments to be applied towards said LOCAL MATCH costs; and WHEREAS, the BOARD has agreed to contribute the construction engineering services to the PROJECT; and WHEREAS, the BOARD and the COUNTY have reached a mutual understanding regarding the cost sharing of the LOCAL MATCH 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 COUNTY and the BOARD that: 1. The COUNTY approves of the PROJECT, declares its public necessity, and authorizes the BOARD and MDOT to undertake and complete the PROJECT, as above described, and shall perform all engineering, inspection and administration in reference thereto. 2. The actual total cost of the PROJECT shall include total payments to the contractor, preliminary engineering, construction engineering and inspection services, permanent and construction traffic controls, and CSX Railroad signal relocation costs. 3. The combined total federal funds applicable to eligible items of the PROJECT costs shall not exceed $884,990 and the estimated total LOCAL MATCH cost is $270,320. 4. Of the total LOCAL MATCH cost, estimated in the amount of $270,320, the COUNTY shall contribute $160,000 towards the construction cost, and the BOARD shall fund $110,320 towards the engineering cost, as detailed in Exhibit A. 5. Upon execution of this Agreement, the BOARD shall submit an invoice to the COUNTY for $53,333.34 (being the first of three installments of the COUNTY'S contribution), as initial payment. 6. Upon the start of the PROJECT construction, the BOARD shall submit an invoice to the COUNTY for $53,333.33 (being the second of three installments of the COUNTY'S contribution), after the initial payment has been expended. 7. Upon completion of the PROJECT construction, the BOARD shall submit an invoice to the COUNTY for the remainder of the total final installment of the COUNTY'S contribution, estimated in the amount of $53,333.33. 11/18/05 #47661 Belford Rd Paving 2 8. Upon receipt of said invoice(s), the COUNTY shall pay to the BOARD the full amount thereof, within thirty (30) days of such receipt. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and date first written above. BOARD OF ROAD COMMISSIONERS FOR THE COUNTY OF OAKLAND A Public Body Corporate By Its COUNTY OF OAKLAND By Its By Its 11/18/05 #47661 Belford Rd Paving 3 BOARD COUNTY TOTAL LOCAL MATCH $110,320 $160,000 $270,320 EXHIBIT A Belford Road Paving North Holly Road to east of the CSX Railroad Crossing Township of Holly BOARD Project No. 47661 Project Description: 0.51 miles of road construction including hot mix asphalt paving with curb and gutter, storm sewer, drainage work, earthwork, tree removal for site distance improvements, slope restoration, pavement markings, and new traffic signal on Belford Road, and all together with necessary related work. ESTIMATED PROJECT COST Project Cost Federal Funds Local Match Preliminary Engineering Force Account Work for RR Signal Work by CSX Force Account Work for Traffic Signals/Signs Contractor Payments (Based on rounded Lowest Bid) Construction Engineering (15% of Contractor Payments) TOTAL $ 74,000 45,310 16,000 800,000 120,000 $1,155,310 $ (84,990) (45,310) 0 (640,000) (114,690) $(884,990) $ 89,010 0 16,000 160,000 5,310 $270,320 DISTRIBUTION OF LOCAL MATCH 11/18/05 #47661 Belford Rd Paving 4 THE GREAT LAKES NATIONAL CEMETERY ROAD PAVING AGREEMENT BETWEEN FRANK TORRE AND OAKLAND COUNTY This Agreement is made and entered into this day of 2005, by and between Oakland County, a Michigan Constitutional and Municipal Corporation, whose address is 1200 N. Telegraph Road, Pontiac, Michigan 48341 (hereinafter the "COUNTY") and Frank Torre, an individual, whose address is for the purpose of facilitating the improvement of Great Lakes National Cemetery in Holly Township. INTRODUCTORY STATEMENTS A. The United States Government has purchased property in the Township of Holly and dedicated the same as The Great Lakes National Cemetery for United States Veterans. This Cemetery will hold 127,000 graves when completed. B. The entrance to this Cemetery is on Belford Road. This road is currently gravel. C. In order to improve the entrance of this Cemetery, the Road Commission of Oakland County (hereinafter "Road Commission") intends to pave the gravel portion of Belford Road from North Holly Road to the at-grade crossing of the CSX Railroad using grant dollars from the Michigan Department of Transportation. D. Said improvements to Belford Road will cost an estimated total of $1,155,310.00. Approximately 80% of this project will be funded by a grant in the amount of $884,990.00. The local match cost is estimated to be $270.320.00. E. Mr. Torre, recognizing the benefit and importance of this Veteran's Cemetery, has most generously agreed to donate $160,000.00 to defray the local match cost of this project. F. The Road Commission, under separate agreement, has agreed to fund the remaining $110,320.00 of local match costs. G. The County of Oaldand is under no legal obligation to contribute to the cost of paving Belford Road. The County does wish, however, to facilitate Mr. Tone's generous donation as outlined in the payment terms of this Agreement. The Great Lakes National Cemetery Road Paving Agreement Between Frank Torre and Oakland County Page 1 of 3 NOW THEREFORE, in consideration of the mutual covenants set forth herein and in conformity with applicable law, it is hereby agreed between the County and Mr. Tone that: 1. Oakland County, in direct reliance upon Mr. Tone's stated intention to contribute $160,000.00 to defray the costs of paving Belford Road, has entered into an agreement with the Road Commission. Within this Agreement, the County has agreed to remit to the Road Commission three installment payments of $53,333.34, $53,333.33 and $53,333.34 throughout the span of this project for a total payment of $160,000.00 on Mr. Tone's behalf. 2. Mr. Torre agrees to reimburse the County for all funds advanced to the Road Commission on his behalf in five (5) equal installments of $32,000.00. The first of these installment payments shall be made at the time this Agreement is executed and the remaining four installments shall be due on October 1 of the years 2006, 2007, 2008, and 2009 until the County is fully reimbursed in the amount of $160,000.00. 3. No interest shall accrue on Mr. Tone's payments. 4. The parties agree and acknowledge that but for Mr. Tone's generous offer to contribute the sum of $160,000.00 towards the cost of paving Belford Road that the County would not enter into the above-mentioned cost-sharing agreement with the Road Commission. Oakland County has entered into this agreement in complete reliance upon Mr. Tone's stated intention and desire to contribute to this most important project. 5. In consideration of Mr. Tone's generous contribution as outlined in this agreement, the County agrees to install a marker or sign at or near the entrance of the Great Lakes National Cemetery acknowledging Mr. Torre's contribution to this most valuable and important project. 6. This Agreement shall not become effective prior TO approval by the Oakland County Board of Commissioners. 7. This Agreement contains all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement or any part thereof, shall have any validity or bind either of the parties hereto. 8. In consideration of the mutual promises, acknowledgements and representations set forth in this Agreement, and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the Parties hereby agree to be bound by the above terms and conditions. The Great Lakes National Cemetery Road Paving Agreement Between Frank Torre and Oakland County Page 2 of 3 IN WITNESS WHEREOF, Bill Bullard Jr., Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the County of Oakland and hereby accepts and binds Oakland to the terms and conditions of this Agreement. WITNESSED BY: COUNTY OF OAKLAND By: Bill Bullard, Jr. Chairperson Oakland County Board of Commissioners Dated: IN WITNESS WHEREOF, Frank Torre, hereby accepts and agrees to be bound by the terms and conditions of this Agreement. WITNESSED BY: By: Frank Torre Dated: The Great Lakes National Cemetery Road Paving Agreement Between Frank Torre and Oakland County Page 3 of 3 Resolution #05305 December 8, 2005 The Chairperson referred the resolution to the Public Services Committee and the Finance Committee. There were no objections.