HomeMy WebLinkAboutResolutions - 1999.06.10 - 25770FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll dhll vote.
42074)16.v
MISCELLANEOUS RESOLUTION #99139 June 10, 1999
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: I-75/M-59 OAKLAND TECHNOLOGY PARK IMPROVEMENTS (CHRYSLER) INFRASTRUCTURE
IMPROVEMENT FUNDING
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous
Resolution #97229 in 1998 and approved the designation of $3 Million to the non-
departmental account entitled "Infrastructure Improvements" to be appropriated
exclusively towards a "one-time" expenditure for the project identified as the
"I-75/M-59 Oakland Technology Park Improvements (Chrysler)"; and
WHEREAS Miscellaneous Resolution #97229 required that this expenditure be
limited to a maximum amount of $3 million and that State and/or Federal matching
funds from non-Oakland County sources provide at least 75% of the total financing
of the project; and
WHEREAS Miscellaneous Resolution #97229 did not contemplate the length of
time necessary to negotiate the agreement with the Michigan Department of
Transportation, and covered only the 1997-1998 budget year; and
WHEREAS the requirement for State and/or Federal Matching financing has now
been met with the State contributing $9,130,000 and Daimler/Chrysler contributing
right-of-way valued at an estimated $3-$5 million, and the transfer and
appropriation of the County's match can now be authorized.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners does hereby
accept the negotiated agreement with the Michigan Department of Transportation,
and does hereby approve the transfer and appropriation of funds from the
Delinquent Tax Revoling fund to the "Infrastructure Improvements" Account (#3661
#2962), which shall be made in conformance with State law, of the I-75/M-59
Oakland Technology Park Improvement (Chrysler) Project.
BE IT FURTHER RESOLVED that the FY 1999 budget be amended as specified
below:
Revenue
90-360000-41000-1701 Trans. In - DTRF $3.000,000
Expenditure
90-290000-25000-2962 Infras. Improvements $3,000,000
0
Chairperson, on behalf of the Finance Committee, I move adoption of the
foregoing resolution.
FINANCE COMMITTEE
o '•
STATE OF MICHIGAN
TRANSPORTATION
COMMISSION
BARTON W. LaBELLE -Chairman '
JACK L. GINGRASS - Vice Chairman
BETTY JEAN AWREY
TED B. WAHBY
LOWELL 8. JACKSON
JOHN W. GARSIOE
LH 0-0(4/99) JOHN ENGLER, GOVERNOR
DEPARTMENT OF TRANSPORTATION
TRANSPORTATION BUILDING. 425 WEST OTTAWA POST OFFICE BOX 30050. LANSING, MICHIGAN 48909
PHONE: 517-373-2090 FAX: 517-373-0167 WEB SITE: http-J/www.mdot.state.mi.us
JAMES R. DeSANA, DIRECTOR
May 13, 1999
Mr. Jeff Kaczmarek, Director
Oakland County Community & Economic
Development Department
Executive Office Building
1200 N. Telegraph Road
Pontiac, Michigan 43341
Dear Jeff:
Attached for your review is the cost sharing agreement between the Michigan Department of Transportation
(MDOT) and Oakland County. The department really appreciates the county's support for this needed project.
We have attempted to develop this agreement to meet the requirements of your Board of Commissioner's
resolution #97-229 (attached) If after reviewing the document you determine changes are needed, we will
make them.
M DOT will spend approximately $12,130,000 for design, construction, construction engineerin3. and wetland
mitigation for the Chrysler Drive on-ramp to 1-75. It is anticipated that the Daimler/Chrysler Corporation will
provide the necessary right-of-way for this project. If purchased, the cost of thisproject would likely increase
between $15 million and $17 million. Therefore, the cost participation between all parties would be as
follows.
MDOT
Design, Construction,
Construction Engineering
and Wetland Mitigation:
S9,130,000
Oakland County
Construction: $3,000,000
Daimler/Chrysler
Right-of-Wa : (estimated
value $3-5 million)
As you are aware, the partnership that was forged between the department, the county and Daimler/Chrysler
enabled this project to take place. This project also represents a shining example of how quickly
transportation issues can be resolved through teamwork. Once again, we thank the county for your
participation in this project.
If you have any questions or concerns regarding the attached agreement, please contact either me or Susan E.
Hohl. Administrator of the Project Planning Division at (517) 373-2316.
Sincerely,
feW Louis H. Lambert, Deputy Director
Bureau of Transportation Planning
Attachments
••• 2.
Northbound Chrysler Drive to University Ramp Project Update
This project, which will ultimately provide access to northbound 1-75
from Chrysler Drive, is currently under construction and on schedule.
The contractor is currently completing the earth work for the project,
with the asphalt and concrete work to begin shortly. This project is
scheduled to be completed on October 16, 1999. The landscaping work
will be completed next year.
COUNTY MICHIGAN
DEPARTMENT OF CORPORATION COUNSEL
RISK MANAGEMENT AND SAFETY
Gerald D. Poisson, Director 858-0553
Jody S. Schaffer, 858-0555
L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE
September 21, 1999
Board of Commissioners
1200 N. Telegraph Road
Pontiac, MI 48341
Re: Entrance Ramp to Highway 1-75 Contract
Enclosed please find a copy of the executed contract, which was approved by Miscellaneous
Resolution 99139.
Please contact me if you have any questions at 8-0555.
JSS/dg
Jody2199-0722/130C Letter.doc
Court Tower - West Wing • 1200 North Telegraph Road • Pontiac, Michigan 48341-0419 • (248) 858-0550 • Fax (248) 858-1003
DAB
FEDERAL AID PROGRESS PAYMENT Control Section IM 63172
Job Number 46359
Federal Item Ia. 0751
Federal Project IM 9863(047)
Contract 99-5051
THIS CONTRACT is made and entered into this date of $EP 1 3 1999 , by
and between the MICHIGAN DEPARTMENT OF TRANSPORTATION, hereinafter referred to as
the "DEPARTMENT"; and the COUNTY OF OAKLAND, hereinafter referred to as the
"COUNTY"; for the purpose of fixing the rights and obligations of the parties in agreeing to
construction improvements located within the limits of the COUNTY.
WITNESSETH:
WHEREAS, the parties hereto anticipate that payments by them and contributions by
agencies of the Federal Government or other sources will be sufficient to pay the cost of construction
or reconstruction of that which is hereinafter referred to as the "PROJECT" and which is located and
described as follows:
Construction of an entrance ramp to Highway 1-75 from the Chrysler Head Quarters
and construction of an exit ramp from Highway1-75 to University Drive; all together
with necessary related work; located within the limits of the COUNTY.
WHEREAS, the DEPARTMENT presently estimates the PROJECT COST as hereinafter
defined in Section 1 to be: $12,130,000
WHEREAS in consideration for the benefits to be derived by the COUNTY as a result of the
PROJECT, the COUNTY has agreed to reimburse the DEPARTMENT for 25 percent of the
PROJECT COST up to an amount not to exceed $3,000,000 for the costs incurred by the
DEPARTMENT in implementing the PROJECT; and
WHEREAS, the parties hereto have reached an understanding with each other regarding the
performance of the PROJECT work and desire to set forth this understanding in the form of a written
agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual undertakings ofthe
parties and in Conformity with applicable law, it is agreed:
1. The COUNTY hereby consents to the designation of the PROJECT as a state
trunkline highway. The parties shall undertake and complete the construction of the PROJECT as
05/29/87 AFA.FOR 08/02/99 1
a state trunldine highway in accordance with this contract. The term "PROJECT COST", as herein
used, is hereby defined as the cost of construction or reconstruction of the PROJECT including the
costs of preliminary engineering, plans and specifications; physical construction necessary for the
completion of the PROJECT as determined by the DEPARTMENT; and engineering, legal,
appraisal, financing, and any and all other expenses in connection with any of the above.
Acquisition costs of the property for rights of way, including interest on awards, attorney fees and
court costs are not included in the PROJECT COST. Rights of way costs are estimated between
$3,000,000 and $5,000,000.
2. The PROJECT COST shall be met in part by contributions from the COUNTY at a
participation ratio equal to 25 percent up to an amount not to exceed $3,000,000. The PROJECT
COST shall be met in part by contributions from agencies of the Federal Government. The balance
of the PROJECT COST shall be charged to and paid by the DEPARTMENT in the manner and at
the times hereinafter set forth:
BALANCE
TOTAL AFTER BALANCE
ESTIMATED COUNTY'S COUNTY'S FED AFTER DEPT'S
COST SHARE SHARE AID FEDERAL AID SHARE
$12,130,000 .$3,000,000 $9,130,000 $8,217,000 $913,000 $913,000
3. The DEPARTMENT shall maintain and keep accurate records and accounts relative
to the cost of the PROJECT., The DEPARTMENT will submit la billing to;the COUNTY on a basis
for the COUNTY'S established participation rate, an amount -currently estimated to be $3,000,000. _
4. Iworderto fulfill the onligations'assumed brthe COUNFY underthe provisions of
this contract, the COUNTY shall make prompt payment of its share of the PROJECT COST upon
receipt of the billing from the DEPARTMENT as herein provided. The payment will be made
within 30 days of receipt of billing from the DEPARTMENT. The billing to the COUNTY will be
based upon the COUNTY'S established participation rate, an amount currently estimated to be
$3,000,000.
5. The DEPARTMENT shall secure from the Federal Government approval of plans,
specifications, and such cost estimates as may be required for the completion of the PROJECT; and
shall take all necessary steps to qualify for Federal Aid such costs of acquisition of rights of way,
construction, and reconstruction, including cost of surveys, design, construction engineering, and
inspection' for the PROJECT as deemed appropriate. The DEPARTMENT may elect not to apply
for Federal Aid for portions of the PROJECT COST.
6. This contract is not intended to increase or decrease either party's liability, or
immunity from, tort claims.
7. All of the PROJECT work shall be done by the DEPARTMENT.
05/29/87 AFA.FOR 08/04/99 2
AN DEPARTMENT
SPOLIATION
MI
OF
By
irector MDOT
FORM A?FROVED ri I 41 A
dtSISTANT
ATTOkNef
, KTIPAL
t••n••t I :
APPAL))
State Admative Board
/0 IsCig
8. In connection with the performance of the PROJECT work under this contract the
parties hereto (hereinafter in Appendix "A" referred to as the "contractor") agree to comply with the
State of Michigan provisions for "Prohibition of Discrimination in State Contracts", as set forth in
Appendix A, attached hereto and made a part hereof. The parties further covenant that they will
comply with the Civil Rights Acts of 1964, being P.L. 88-352,78 Stat. 241, as amended, being Title
42 U.S.C. Sections 1971, 1975a-1975d, and 2000a-2000h-6 and the Regulations of the United States
Department of Transportation (49 C.F.R. Part 21) issued pursuant to said Act, including Appendix
"B", attached hereto and made a part hereof, and will require similar covenants on the part of any
contractor or subcontractor employed in the performance of this contract.
9. This contract shall become binding on the parties hereto and of full force and effect
upon the signing thereof by the duly authorized officials for the COUNTY and for the
DEPARTMENT; upon the adoption of a resolution approving said contract and authorizing the
signatures thereto of the respective officials of the COUNTY, a certified copy of which resolution
shall be attached to this contract; and with approval by the State Administrative Board.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
day and year first above written.
OAKLAND COUNTY
By
Title: U Lawrence A. utl-e)-cflie'
Vice-Chairperson, Oakland County Board
of Commissioners
By
Title:
tct
05/29/87 AFA.FOR 08/02199 3
APPENDIX A .
PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS
In connection with the performance of work under this contract the contractor agrees as follows:
1. In accordance with Act. No. 453, Public Acts of 1976, the contractor hereby agrees not to discriminate against an employee
or applicant for employment with respect to him tenure, terms, conditions, or privileges of employment, or as a matter
directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, or
marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No. 478, Public Acts of
1980 the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect to
hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment,
because of a disability that is unrelated to the individual's ability to perform the duties of a particular job or position.
A breach of the above covenants shall be regarded as a material breach of this contract
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in
this contract is to be performed, shall contain a covenant the same as hereinabove set forth in Section 1 of this Appendix.
3. The contractor will take affirmative action to insure that applicants for employment and employees are treated without
regard to their race, color, religion, national origin, age, sex, height, weight, marital status or a disability that is unrelated
to the individual's ability to perform the d uties of a particular job or position. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including apprenticeship.
4. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that
all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin,
age, sex, height, weight, marital status or disability that is unrelated to the individual's ability to perform the duties of
a particular job or position.
5. The contractor or his collective bargaining representative will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union
or workers' representative of the contractor's commitments under this appendix.
6. The contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil
Rights Commission which may be In effect prior to the biting of bids for any individual state project.
7. The contractor will furnish and file compliance reports within such time and upon such (onus as provided by the Michigan
Civil Rights Commission, said forms may also elicit information as to the practices, policies, program, and employment
statistics of each subcontractor as well as the contractor himself, and said contractor will permit access to his books,
records, and accounts bythe Michigan Civil Rights Commission and/or Its agent, for purposes of investigation to ascertain
compliance with this contract and relevant with rules, regulations, and orders of the Michigan Civil Rights Commission.
8. In the event that the Civil Rights Commission Bads, after a hearing held pursuant to its rules, that a contractor has not
complied with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its order
based upon such findings, certify said findings to the Administrative Board of the State of Michigan, which Administrative
Board may order the cancellation of the contract found to have been violated and/or declare the contractor ineligible for
future contracts with the state and its political and civil subdivisions, departments, and officers, and including the
governing boards of institutions of higher education, until the contractor complies with said order of the Civil Rights
Commission. Notice of said declaration of future ineligibility may be given to any or 2U of the persons with whom the
contractor is declared ineligible to contract as a contracting party in future contracts. In any case before the Civil Rights
Commission in which cancellation of an existing contract is a possibility, the contracting agency shall be notified of such
possible remedy and shall be given the option by the Civil Rights Commission to participate in such proceedings.
9. The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (1) through (8) in
every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights
Commission, and will provide In every subcontract or purchase order that said provisions will be binding upon each
subcontractor or seller. Karska221
(Rev. 03/92)
APPENDIX B
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to 23 the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor shall comply with the Regulations relative to
nondiscrimination in Federally assisted programs of the Department of Transportation, Title 49, Code
of Federal Regulations, Part 27, as they may be amended from tune to time (hereinafter referred to as
the Regulations), which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall
not discriminate on the grounds of race, color, or natural origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a program set forth in Appendix
B of the Regulations.
3. Solicitations for Subcontractsancluding Procurements ofMateriab and Equipment: In all solicitations
either by competitive bidding or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or leases of equipment, each potential subcontractor
or supplier shall be notified by the contractor of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race, color, or national origin. -
4. Information and Reports: The contractor shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the Michigan Department of
Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with
such Regulations or directives. Where any information required of a contractor Is in the exclusive
possession of another who fails or refuses to furnish this information, the contractor shall so certify to
the Michigan Department of Transportation, or the Federal Highway Administration as appropriate,
and shall set forth what efforts it has made to obtain the information.
5. Sanctions _for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Michigan Department of Transportation shall impose
such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,
including, but not limited to:
Withholding of payments to the contractor under the contract until the contractor complies,
and/or
(b) Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs 1 through 6 of
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect
to any subcontract or procurement as the Michigan Department of Transportation or the Federal
Highway Administration may direct as a means of enforcing such provisions including sanctions for non-
compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may request the
Michigan Department ofTransportation to enter into such litigation to protect the interests of the State,
and, In addition, the contractor may request the United States to enter into such litigation to protect the
Interests of the United States.
(a)
Resolution #99139 June 10, 1999
Moved by Jensen supported by Moffitt the resolution be adopted.
Discussion followed.
AYES: Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory,
Jensen, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez,
Taub, Amos, Appel, Causey-Mitchell, Colasanti. (21)
NAYS: McPherson, Melton. (2)
A sufficient majority having voted therefor, the resolution was adopted.
HEREBY
L. Brooks Patter .n. County Executive
ORE (OING
Date I
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, 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 June 10, 1999 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 ;#th d4ef of June, 1999.
G. William Caddell, County Clerk