HomeMy WebLinkAboutResolutions - 1986.12.11 - 10951Miscellaneous Resolution 86337 December 11, 1986
BY: FINANCE COMMITTEE
IN RE: SEWER, WATER & SOLID WASTE DIVISION - SOLID WASTE MANAGEMENT ACT 641
GRANT FOR SOLID WASTE MANAGEMENT PLANNING - FISCAL YEAR 1986-87 &
CONSULTING ENGINEERING CONTRACT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Act 641 of Public Acts of 1978, Solid Waste Management Act,
offers for local units of government the opportunity to develop and implement
solid waste management plans; and
WHEREAS a plan was approved by the Oakland County Board of
Commissioners and by the requisite number of municipalities in the county; and
WHEREAS the Director of the Michigan Department of Natural Resources
approved the county plan on duly 28, 1983; and
WHEREAS Act 641 provides for 80% state matching payments for plan
preparation and implementation to the extent state funding is available; and
WHEREAS approximately $42,711 in state funds is available to Oakland
County for fiscal year 1986-87; and
WHEREAS the County of Oakland, in the process of implementing the plan,
needs certain consulting engineering services as outlined in the attached work
program; and
WHEREAS the County of Oakland will need to supplement the state grant
for activities described in the work procram with 2N (S1C,678) in local funds.
NOW THEREFORE BE IT - RESOLVED that the Oakland County Board of
Commissioners hereby authorizes_ the Chairperson of the Oakland County Board of
Commissioners and the County- Executive to execute the necessary contract between
the.Michigan Department of Natural Resources and the County of Oakland to receive
fiscal_ year 1986-87 grant funds as provided in the Solid Waste Management Act 641
of Public Acts of 1978.
BE IT FURTHER RESOLVED that the County Executive is further authorized
to make reasonable changes to the work progam during the course of the study or if
required for state approval.
:E. IT FUTHER RESOLVED that upon state approval of the contract between
the Michigan Department of Natural Resources and the County of Oakland and also
the work program, the Chairperson of the Oakland County Board of Commissioners and
the County Executive are hereby authorized and directed to execute the attached
Agreement for consulting engineering services by and between the County of Oakland
and Camp, Dresser and McKee, Inc.
BE IT FUTHER RESOLVED that the maximum fee for these consulting
engineering services shall not exceed $53,389.
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption
of the foregoing resolution.
this 11th day of ember, 1986
Ly6h771E. Allen, CoUT1
Reg i'ster of Deed
Resolution # 86337
December 11, 1986
Moved by Caddell supported by Susan Kuhn the resolution be adopted.
AYES: McConnell, McDonald, Moffitt, Nelson, Page, Perinoff, Pernick,
Rewold, Webb, Wilcox, Aaron, Caddell, Calandro, Doyon, Fortino, Gosling,
Hassberger, Hobart, Richard Kuhn, Susan Kuhn, Lanni. (21)
NAYS: Price, Rowland. (2)
A sufficient majority having voted therefor, the resolution was adopted.
STATE. OF MICHIGAN)_
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a
seal, do hereby certify that I have compared the annexed copy. of
Miscellaneous Resolution adopted by the Oakland County Board of Commissioners
at their meeting held on December 11, 1986
with the original record thereof now remaining in my office,
and that it is a true and correct transcript therefrom, and
of the whole thereof.
In Testimony Whereof, I have hereunto set My- hand and affixed
the seal of said County at Ponti'ac, Michigan
October 9, 1986
Report to the Chairperson
Oakland County Board of Commissioners
BY: Department of Management and Budget
IN RE: Public Works Department - Sewer, Water and Solid Waste Division-
Solid Waste Planning Grant Application-1986/87
The Department of Management and Budget has reviewed the Work Plan for the
1986/87 Solid Waste Planning Grant and finds:
1. This is the sixth (6th) year of the grant.
2. The 1985/86 grant revenues are located on page 1, Sewer, Water
and Solid Waste line item, of the 1986 Budget as adopted and
amended on December 12, 1985,
3. The fiscal year 1986/87 grant amount available from the Michigan
Department of Natural Resources for Solid Waste management
planning is $49,011 (807) and will require a $12,253 (20%) county
match to fund a $61,264 (100%) project,
4. The County match of $12,253 is provided in the 1986 Solid Waste
Unit budget - Professional Services line item, page 432 of the
1986 Budget as adopted and amended on December 12, 1985,
5. The work program was approved by the Municipal Solid Waste Board,
6. Application or acceptance of the grant does not obligate the ,
County to any future commitment.
In accordance with Miscellaneous Resolution #86186, Revised Federal and
State Grant Application and Reimbursement Contract Procedures, this report
is being submitted to the Chairperson of the Board of Commissioners.
Informational copies to:
Planning and Building Committee
Finance Committee (copy of application to Committee Reporter)
STATE OF MICHIGAN r2”'t J NATURAL RESOURCES COMMISSION
THOMAS J. ANDERSON
MARLENE J FLUHARTY
GORDON E GUYER
KEFIRY KAMMER
0, STEWART MYERS
DAVID D. OLSON
RAYMOND POUPORE
JAMESJ.BLANCHARD,Govemor
DEPARTMENT OF NATURAL RESOURCES
STEVENS T. MASON BUILDING
BOX mon
LANSING, MI 48909
titteddeftstatec
Gordon E. Guyer, Director
November 12, 1986
Mr. George Schutte
Oakland County Department of Public Works
One Public Works Drive
Pontiac, Michigan 48054
Dear Mr. Schutte:
We have reviewed your Fiscal Year 1986/87 Act 641 Work Program and
agreement with Camp, Dresser & McKee, Inc. and find everything to be in
order, therefore this letter constitutes approval of your program for
this year.
Sincerely,
-W
Robert A. LaMere
Resource Recovery Section
Community Assistance Division
517-373-0540
FI1026
1/86
ACT 641 SOLID WASTE MANAGEMENT PLANNING CONTRACT
BETWEEN
STATE OF MICHIGAN, DEPARTMENT OF NATURAL RESOURCES
AND
OAKLAND COUNTY DEPARTMENT OF PUBLIC WORKS
This Contract is entered into this day of , 198 ,
by and between the parties above. Hereafter, OAKLAND COUNTY DEPARTMENT
OF PUBLIC WORKS, the designated planning agency for OAKLAND COUNTY, shall
be known as the Grantee and the Michigan Department of Natural Resources
shall be known as the State.
The Grantee has been found by the State to be eligible to receive
funding for Solid Waste Management Planning for OAKLAND COUNTY pursuant
to the Solid Waste Management Act, Act 641, Public Acts of 1978, as
amended, and the rules promulgated thereunder. The Grantee, under the
terms of this Contract, Act 641, and the rules promulgated thereunder,
will cooperate and assist in the development and preparation of the Solid
Waste Management Plan, as described in the State-approved work program.
The Grantee and the State agree to the following conditions:
I. GENERAL CONDITIONS
(a) The Grantee shall perform the services required by Act 641
and the rules promulgated thereunder.
(b) The Grantee shall secure the necessary personnel to perform
the services required by Act 641 and the rules promulgated thereunder and
all personnel shall be employees or shall be under the direct supervision
of the Grantee. The Grantee shall accept responsibility for and
make payments as required by law for worker's compensation insurance,
social security, income tax deductions, unemployment compensation, and
any other taxes or payroll deductions as required by State/Federal law
for its employees. The above shall be the responsibility of any firm or
individual employed under a sub-contract. All personnel, employees, or
subcontractors working under this Contract shall be professionally
qualified to perform the duties required.
(c) This Contract is retroactive to October 1, 1986, upon signing
by both parties and shall remain in effect until September 30, 1987,
unless terminated under the provisions of Section III or extended by
mutual written agreement.
Page 1 of 7
(d) In accordance with Part 8 of the Act 641 promulgated rules,
the Grantee is eligible to receive $42,711.00 for Fiscal Year 1986-87
solid waste planning activities. This is a cost reimbursement Contract,
and payments shall be made by the State on a quarterly basis, upon
receipt and approval of the Grantee's quarterly request for payment and
quarterly progress report. Quarterly payments shall not exceed 802 of
the Grantee's actual costs for the quarter.
(e) This Contract is subject to change or termination in the event
of legislative or executive action relating to the appropriation related
to this Contract.
(f) Payments made under this Contract constitute State categorical
aid under Section 3, (6)(b) and (d) of Act 101 of the Public Acts of 1979.
(g) The Grantee's representative for this contract is
. The Grantee's representative
may appoint other personnel to act in his/her behalf in the completion of
services to be performed under this Contract only with the approval of
the State. The State's representative for this contract is
TIMOTHY L. WRIGHT, Supervisor, Solid Waste Management Unit, Resource
Recovery Section, Community Assistance Division.
II. CHANGES
(a) The State may, at any time, by written order, make changes
within the general scope of this Contract in the services or work to be
performed. If such changes cause an increase or decrease in the
Grantee's cost or time required to perform any services under this
Contract, an equitable adjustment may be negotiated, and agreements shall
be put in writing. The Grantee must assert any claim for adjustment
under this clause in writing within 30 days from the date of receipt by
the Grantee of the notification of changes unless the state grants
additional time before the date of the final payment.
(b) No services for which an additional compensation will be
charged by the Grantee shall be furnished without the written
authorization of the state.
III. TERMINATION
(a) This Contract may be terminated in whole or in part in writing
by either party in the event of substantial failure by the other party to
fulfill its obligations under this Contract through no fault of the
terminating party: PROVIDED, That no such termination may be effected
unless the other party is given (1) not less than ten (10) calendar days
written notice (delivered by certified mail, return receipt requested) of
intent to terminate and (2) an opportunity for consultation with the
terminating party prior to termination.
Page 2 of 7
(b) This Contract may be terminated in whole or in part in writing
by the State for its convenience: PROVIDED, That the Grantee is given
(1) not less than ten (10) calendar days written notice (delivered by
certified mail, return receipt requested) of intent to terminate and (2)
an opportunity for consultation with the terminating party prior to
termination.
(c) If termination for default is effected by the State, an
equitable adjustment in the price- provided for in this Contract shall be
made, but (1) no amount shall be allowed for anticipated profit on
unperformed services or other work, and (2) any payment due to the
Grantee at the time of termination may be adjusted to the extent of
any additional costs occasioned to the State by reason of the
Grantee's default. If termination for default is effected by the
Grantee, or if termination for convenience is effected by the State,
the equitable adjustment for any termination shall provide for payment to
the Grantee for services rendered and expenses incurred prior to the
termination, in addition to termination settlement costs reasonably
incurred by the Grantee relating to commitments which had become firm
prior to the termination.
(d) Upon receipt of a termination action pursuant to paragraphs (a)
and (b) above, the Grantee shall (1) promptly discontinue all services
affected (unless the notice directs otherwise), and (2) deliver or
otherwise make available to the State all data, drawings, specifications,
reports, estimates, summaries, and such other information and materials
as may have been accumulated by the Grantee in performing this Contract,
whether completed or in process.
(e) Upon termination pursuant to paragraphs (a) and (b) above, the
State may take over the work and prosecute the same to completion by
agreement with another party.
(f) If, after termination for failure of the Grantee to fulfill
contractual obligations, it is determined that the Grantee has not
failed, the termination shall be deemed to have been effected for the
convenience of the State. In such event, adjustment of the price provided
for in this Contract shall be made as provided in paragraph (c) of this
clause.
IV. AUDIT; ACCESS TO RECORDS
The Grantee shall maintain books, records, computer records,
documents and other evidence directly pertinent to performance of work
under this Contract in accordance with generally accepted accounting
principles and practices. The Grantee shall also maintain the
financial information and data used by the Grantee in the preparation
or support of the cost submission. The State or any of their duly
authorized representatives shall have access to such books, records,
documents and other evidence for the purpose of inspection, audit and
copying. The Grantee will provide proper facilities for such access
and inspection. All records shall be maintained for a minimum of five
(5) years after Contract termination or completion.
This clause shall be included in all subcontracts.
Page 3 of 7
V. SUBCONTRACTS
Any subcontractors and outside associates or consultants required by
the Grantee in connection with services covered by this Contract will
be limited to such individuals or firms as were specifically identified
and agreed to during negotiations, or as are specifically authorized in
writing by the State during the performance of this Contract. All
subcontracts must receive written authorization by the State prior to
award. Any substitutions in or additions to such subcontractors, associates,
or consultants will be subject to the prior written approval of the
State. All subcontractors are subject to the provisions of this Contract
and are directly responsible to the Grantee.
VI. PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA
If the State determines that any price, including profit, negotiated
in connection with this Contract or any cost reimbursable under this
Contract was increased by any significant sums because the Grantee, or
any subcontractor furnished incomplete or inaccurate cost or pricing data
or data not current as certified in his/her certification of current cost
or pricing data, then such price or cost or profit shall be reduced
accordingly and the Contract shall be modified in writing to reflect such
reduction.
This clause shall be included in all subcontracts.
VII. NON-DISCRIKINITION
Grantee 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 race, color, religion, national origin, age, sex,
height, weight, marital status, or because of a handicap that is unrelated
to the person's ability to perform the duties of a particular job or
position. Grantee further agrees that any subcontract shall contain a
nondiscrimination provision identical to this provision and binding upon
any and all subcontractors. A breach of this covenant shall be regarded
as a material breach of this Contract.
VIII. UNFAIR LABOR PRACTICES
The State may void this Contract if the Grantee or any
subcontractor, manufacturer, or supplier of the Grantee appears in the
register compiled by the Michigan Department of Labor pursuant to Public
Act No. 278 of 19
This clause shall be included in all subcontracts.
IX. GRATUITIES
(a) If it is found, after notice and hearing, by the State that
gratuities (in the form of entertainment, gifts, or otherwise) were
offered or given by the Grantee, or any agent or representative of the
Grantee, to any official, employee or agent of the State with a view
toward securing a Contract or securing favorable treatment with respect
to the awarding or amending, or the making of any determinations with
respect to the performance of this_Contract, the State may, by written
notice to the Grantee, terminate the right of the Grantee to
proceed under this Contract and/or may pursue such other rights and
remedies provided by law or under this Contract.
(b) In the event this Contract is terminated as provided in
paragraph (a), the State shall be entitled (i) to pursue the same
remedies against the Grantee as it could pursue in the event of a
breach of the Contract by the Grantee, and (ii) as a penalty in
addition to any other damages to which it may be entitled by law, to
exemplary damages in an amount (as determined by the State) which shall
be not less than three nor more than ten times the costs incurred by the
Grantee in providing any such gratuities to any such officer or
employee.
X. PATENTS
If this Contract involves research, developmental, experimental, or
demonstration work and any discovery or invention arises or is developed
in the course of or under this Contract, the State shall retain sole
authority to patent or license.
This clause shall be included in all subcontracts.
XI. COPYRIGHTS AND RIGHTS IN DATA
The Grantee agrees that any plans, drawings, specifications,
computer programs, technical reports, operating manuals, and other work
submitted or which are specified to be delivered under this Contract or
which are developed or produced and paid for under this Contract are
subject to the rights of the State of Michigan and the State shall retain
an irrevocable license to reproduce, publish and use in whole or in part
and to authorize others to do so.
This clause shall be included in all subcontracts.
Page 5 of 7
XII. ASSIGNABILITY
The Grantee shall not assign any interest in this Contract and
shall not transfer any interest in the same (whether by assignment or
novation), without the prior written consent of the State; provided,
however, that claims for money due or to become due to the Grantee
from the State under this Contract may be assigned to a bank, trust
company, or other financial institution without such approval. Notice of
any such assignment or transfer shall be furnished promptly to the State.
XIII. OFFICIALS NOT TO BENEFIT
No member of or delegate to the State legislature, Congress,
resident county commissioner, or any other municipal official, except as
otherwise provided for under this Contract, shall be admitted to any
share or part of this Contract or to any benefit that may arise
therefrom; but this provision shall not be construed to extend to this
Contract, if made with a corporation for its general benefit.
XIV. LIABILITY
(a) All liability, loss, or damage as a result of claims, demands,
costs, or judgments arising out of activities to be carried out pursuant
to the obligations of the Grantee under this contract shall be the
responsibility of the Grantee, and not the responsibility of the
State, if the liability, loss, or damage is caused by, or arises out of,
the actions or failure to act on the part of the Grantee, any
subcontractor, anyone directly or indirectly employed by the Grantee,
provided that nothing herein shall be construed as a waiver of any
governmental immunity the Grantee has as provided by statute or
modified by court decisions.
(b) All liability, loss, or damage as a result of claims, demands,
costs, or judgments arising out of activities to be carried out pursuant
to the obligations of the State under this contract shall be the
responsibility of the State and not the responsibility of the Grantee
if the liability, loss, or damage is caused by, or arises out of, the
action or failure to act on the part of any State employee or agent,
provided that nothing herein shall be construed as a waiver of any
governmental immunity the State, its agencies or employees has as
provided by statute or modified by court decisions.
XV. LIABILITY INSURANCE
(a) The Grantee shall provide such insurance as will protect
them from claims which may arise out of or result from the Grantee's
operations under this Contract, whether such operations be by themselves
or by any Subcontractor or by anyone directly or indirectly employed by
any of them, or anyone for whose acts any of them may be liable.
(b) Grantee agrees to comply with the insurance and worker's
compensation laws of the State of Michigan while engaging in all
activities authorized under this Contract.
Page 6 of 7
Signature Signature
Telephone Number Telephone Number
Date Date
OAKLAND COUNTY DEPARTMENT OF PUBLIC WORKS
GRANTEE
STATE OF MICHIGAN
James Henderson, PhD
Typed
Chief, Community Assistance Division
Title
517/373-0540
Typed
Title
Grantee's Federal Identification #
Grantee's Remittance Address
Approved As To Form c217,1,- (? .
AGREEMENT BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
FOR THE ANALYSIS OF
SOLID WASTE DISPOSAL FEE STRUCTURES
IN CONJUNCTION WITH T'n
IMPLEMENTATION OF T:n
OAKLAND COUNTY SOLID WASTE
MANAGEMENT PLAN
THIS IS AN AGREEMENT made as of the first day of October in the year
Nineteen Hundred and Eighty-Six by and between the County of Oakland,
Michigan (hereinafter called OWNER) and Camp Dresser & McKee, Detroit,
Michigan, a Michigan Partnership (hereinafter called ENGINEER).
OWNER wishes ENGINEER to perform professional engineering services, to
serve as OWNER's professional engineering representative, and to provide
professional engineering consultation and advice for a professional fee
(as set forth below) in connection with analysis of fee structures for
refuse disposal in Oakland County (the "Assignment").
SECTION 1. BASIC SERVICES OF ENGINEER
1.1 ENGINEER shall perform the following professional services:
1.1.1 Consult with OWNER to clarify and define OWNER's require-
ments relative to the Assignment and review available data.
41029A/OAK4 Page 1 of 5
1.1.2 Advise OWNER as to the necessity of OWNER's providing or
obtaining from others special services and data required in
connection with the Assignment (which services and data
ENGINEER is not to provide hereunder but on which ENGINEER
may rely in performing services hereunder), and act as
OWNER's representative in connection with any such services
of others.
1.1.3 Prepare a letter report of ENGINEER's findings and recom-
mendations, furnish 100 copies to OWNER and present it in
person and review it with OWNER.
1.2 The duties and responsibilities of ENGINEER described above are
supplemented and amended as indicated in Paragraph 1 of Exhibit A
"Further Description of Basic Services, Duties of Owner, Method of
Payment and Related Services," which is attached to and made a part
of this Agreement.
1.3 Additional professional services (Special Services) related to the
Assignment will be performed by ENGINEER on request of OWNER for an
additional professional fee as the parties may subsequently agree.
1.4 The ENGINEER shall maintain books, records, computer records, docu-
ments and other evidence directly pertinent to performance of work
under this contract in accordance with generally accepted account-
ing principles and practices. The ENGINEER shall also maintain the
financial information and data used by the ENGINEER in the prepara-
tion or support of the cost submission. The State or any of their
duly authorized representatives shall have access to such books,
records, documents and other evidence for the purpose of inspec-
tion, audit and copying. The ENGINEER will provide proper facil-
ities for such access and inspection.
1.5 In accordance with State policy, the ENGINEER agrees that qualified
small and/or minority business enterprises shall have the maximum
practicable opportunity to participate in the performance of this
contract.
1.6 If this contract involves research, developmental, experimental, or
demonstration work and any discovery or invention arises or is
developed in the course of or under this contract, the State shall
retain sole authority to patent or license.
1.7 The ENGINEER agrees that any plans, drawings, specifications,
computer programs, technical reports, operating manuals, and other
work submitted or which are specified to be delivered under this
contract or which are developed or produced and paid for under this
contract are subject to the rights of the State of Michigan and the
State shall retain an irrevocable license to reproduce, publish and
use in whole or in part and to authorize others to do so.
41029A/OAK4 Page 2 of 5
2. OWNER'S RESPONSIBILITIES
OWNER shall:
2.1 Provide all criteria and full information as to OWNER's require-
ments and designate a person with authority to act on OWNER's
behalf on all matters concerning the Assignment.
2.2 Furnish to ENGINEER all existing studies, reports and other avail-
able data and services of others pertinent to the Assignment, and
obtain additional reports and data as required; and ENGINEER shall
be entitled to rely upon all such information and services in
performing services hereunder.
2.3 Arrange for access to and make all provisions for ENGINEER to enter
upon public and private property as required for ENGINEER to per-
form services hereunder.
2.4 Perform such other functions as are indicated in Paragraph 2 of
Exhibit A "Further Description of Basic Services, Duties of Owner,
Method of Payment and Related Services."
SECTION 3. PERIOD OF SERVICE
ENGINEER shall start performing services hereunder upon execution
of this Agreement and will complete such services and submit a
report three (3) months after written Notice to Proceed. Addi-
tional requirements as to the timing of ENGINEER's services in
relation to the services of others or the happening of events
beyond ENGINEER's control are set forth in Paragraph 3 of Exhibit A
"Further Description of Basic Services, Duties of Owner, Method of
Payment and Related Services."
SECTION 4. PAYMENT
4.1 OWNER shall pay ENGINEER for services rendered hereunder as indi-
cated in Paragraph 4 of Exhibit A "Further Description of Basic
Services, Duties of Owner, Method of Payment and Related Services."
4.2 ENGINEER shall submit monthly statements. The OWNER shall make
monthly payments in response to ENGINEER's monthly statement within
thirty (30) days of receipt of invoice.
4.3 ENGINEER's above charges are on the basis of prompt payment of
bills rendered and continuous progress of the work on the Assign-
ment until submission of the letter report.
41029A/OAK4 Page 3 of 5
SECTION 5. COST CONTROL
5.1 OWNER's budgetary requirements and considerations in respect of the
Assignment are set forth in Paragraph 5 of Exhibit A "Further
Description of Basic Services, Duties of Owner, Method of Payment
and Related Services."
5.2 Opinions of probable construction cost, financial evaluations,
feasibility studies, economic analyses of alternate solutions and
utilitarian considerations of operations and maintenance cost
prepared by ENGINEER hereunder will be made on the basis of
ENGINEER's experience and qualifications and represent ENGINEER's
best judgment as an experienced and qualified design professional.
It is recognized, however, that ENGINEER does not have control over
the cost of labor, material, equipment or services furnished by
others or over market conditions or contractors' methods of deter-
mining their prices, and that any utilitarian evaluation of any
facility to be constructed or work to be performed on the basis of
the letter report must of necessity be speculative until completion
of its detailed design. Accordingly, ENGINEER does not guarantee
that proposals, bids or actual costs will not vary from opinions,
evaluations or studies submitted by ENGINEER to OWNER hereunder.
SECTION 6. MISCELLANEOUS
6.1 All documents prepared by ENGINEER pursuant to this Agreement are
instruments of service in respect of the facility that is to be
constructed. They are not intended or represented to be suitable
for reuse by OWNER or others in extensions of the facility beyond
that now contemplated or on any other facility. Any reuse by OWNER
without written verification or adaption by ENGINEER for the speci-
fic purpose intended will be at OWNER's sole risk and without
liability or legal exposure to ENGINEER.
6.2 The obligation to provide further services under this Agreement may
be terminated (a) by OWNER with or without cause upon ten (10)
days' written notice to ENGINEER and (b) by ENGINEER for cause upon
ten (10) days' written notice to OWNER. In the event of any
termination, ENGINEER will be paid for all services rendered to the
date of termination, all reimbursable expenses and termination
expenses.
6.3 OWNER and ENGINEER and the respective partners, successors, execu-
tors, administrators, assigns and legal representatives of each are
bound by this Agreement to the other party to this Agreement and to
the partners, successors, administrators, assigns and legal repre-
sentatives of such other party in respect of all covenants, agree-
ments and obligations of this Agreement.
6.4 The OWNER reserves the right of final approval over the selection
of the ENGINEER's subconsultant(s).
41029A/OAK4 Page 4 of 5
OWNER
Richard R. Mccx
Chairperson, Board of
Commissioners
Date:
-?"174-1PC A. Barry ymou‘Xr
Associate
6.5 Nothing herein shall be construed to give any right or benefita
hereunder to anyone other than OWNER and ENGINEER.
6.6 This Agreement is to be governed by the law of the State of
Michigan.
6.7 This Agreement (consisting of 5 pages) and Exhibits A, B, and C
(consisting of 14 pages), constitute the entire Agreement between
OWNER and ENGINEER and supersede all prior written or oral under-
standings between them in respect of the subject matter covered
hereby. This Agreement and said Exhibits A, B, and C may only be
amended, supplemented, modified or cancelled by a duly executed,
vritten instrument.
IN WITNESS .:1 A.AF, the parties hereto have made and executed this
Agreement as of the day and year first above vritten.
Daniel T.Vizphy
County Executive
Date:
APPROVED AS TO FORM:
Gordon R. Wyllie
Assistant Corporate Counsel
Date: CS2c56cle-__ Ig/6
Page 5 of 5 41029A/OAK4
EcIBIT A TO AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
FOR T:1 ANALYSIS OF
SOLID WASTE DISPOSAL FEE STRUCTURES
IN CONJUNCTION WITH THE
IMPLEMENTATION OF THE
OAKLAND COUNTY SOLID WASTE
MANAGEMENT PLAN
FURTHER DESCRIPTION OF BASIC SERVICES, DUTIES OF OWNER,
METHOD OF PAYMENT AND RELATED S'vVICES
This is an exhibit attached to and made a part of the Agreement dated
October 1, 1986 between the County of Oakland, Michigan (OWNER) and Camp
Dresser & McKee, Detroit, Michigan, a Michigan Partnership (ENGINEER)
for study and report professional services.
1. The Basic Services of ENGINEER as described in Section 1 of said
Agreement are amended and supplemented as follows:
The detailed scope of basic and special services is indicated in
Exhibit B.
2. The responsibility of OWNER as described in Section 2 of said
Agreement is amended and supplemented as follows:
a. Examine all studies, reports, sketches, drawings, specifica-
tions, proposals and other documents presented by ENGINEER.
b. Furnish approvals and permits from all governmental authorities
having jurisdiction over the Project and such approvals and
consents from others as may be necessary for completion of the
Project.
41029A/OAK4
Page 1 of 2
3. The time periods for the performance of ENGINEERS's services as set
forth in Section 4 of said Agreement are amended and supplemented as
follows:
The OWNER may extend the ENGINEER's time of service provided that
the cost upper limit is not exceeded. The ENGINEER shall not be
required to perform services beyond the cost upper limit.
4. The method of payment for services rendered by ENGINEER shall be as
set forth below:
For the Services performed under Section 1, the OWNER agrees to pay
the ENGINEER as follows:
a. For work done by the ENGINEER, at the direct labor cost plus 159
percent of the direct salary cost for indirect labor costs and
overhead. Additionally, a fee will be paid based on 14 percent
of the direct labor, indirect labor, and overhead cost.
Direct expenses are defined as those expense costs other than
salary costs that are incurred during the progress of the work.
The actual out-of-pocket expense costs include: air fare,
automobile rental if required, mileage charges, parking, tolls,
taxi, meals, lodging, telephone, printing and reproduction
costs, and other miscellaneous costs incurred specifically for
this project.
c. For work done by others, at the actual cost to the ENGINEER of
such services plus 8 percent fee.
d. The computer charges will be as indicated in the attached
computer services pricing schedule, Exhibit C.
The total cost of all Services under Section 1 shall not exceed
$53,389.
5. OWNER has approved the following budget for the project:
Direct Labor $16,004
Overhead and Indirect Costs 25,447
Other Direct Costs 6,135
Fee 5,803
TOTAL $53,389
Per mutual agreement, the line items in the budget may be adjusted
to suit the actual conduct of the work without changing the total
project cost.
41029A/OAK4
Page 2 of 2
EXHIBIT B
A WORK PROGRAM FOR T:1:
ANALYSIS OF
SOLID WASTE DISPOSAL FEE STRUCTURES
IN CONJUNCTION WITH THE
IMPLEMENTATION OF THE
OAKLAND COUNTY SOLID WASTE
MANAGEMENT PLAN
REVISED SEPTEMBER 16, 1986
CAMP DRESSER & McKEE
DETROIT, MICHIGAN
41029A/OAK4 Page 1 of 12
TABLE OF CONTENTS
SECTION PAGE
BACKGROUND OW*41000000000040041000.00400 OOOOOO 0110•000000404090D OOOOO 040041 3
PURPOSE •V000000000004099.00060 OO 0 OO 000000000414100"4060000".0006.011.00 4
INTRODUCTION • • • • OOOOO . • • • • • • • • • • • • • • OOOOOOO • OOOOO • • • • • • • ••••••••••••
TASK 1 ALTERNATIVE METHODS FOR COMMUNITIES TO RECOVER
DISPOSAL COSTS ......... OOOOOOOOOOOO 044000000008“00400.06004 7
TASK 2 IDENTIFY AND DESCRIBE FEE AND BILLING PROCEDURES FOR
EACH OF THE 28 COMMUNITIES .................................. 8
TASK 3 SURVEY EXISTING FEE AND BILLING SYSTEMS AT OTHER RESOURCE
RECOVERY FACILITIES ......................................... 9
TASK 4 REVIEW LEGAL ISSUES REGARDING UNIT ASSIGNMENT METHODOLOGY
AND ALTERNATIVE COMMUNITY BILLING PROCEDURES ................ 10
PROJECT COSTS DETAIL 00 OOOOO O0000.004,040 OOOOO 6004104“.000.8460041. OOOOOO 11
PROJECT SCHEDULE 40009041•0400.,0900 OOOOOOOO 04040090.9.0.41004000000.1.00 12
5
41029A/OAK4 Page 2 of 12
BACKGROUND
Oakland County, Michigan has successfully completed its planning responsi-
bilities to comply with State Act 641, which requires all counties in the
State to assure the proper disposal of solid wastes. The proposed plan,
the Oakland County Solid Waste Management Plan, has received approval from
the Citizens' Solid Waste Planning Committee, the County Board of Commis-
sioners, more than two-thirds of the municipalities in the County, and the
State Department of Natural Resources.
The County, therefore, currently is in the implementation phase and is
proceeding to finalize the basic components of the plan. The commitment of
waste to the project by the participating communities will be achieved
through the voluntary signing of contracts with the County. At the time of
the preparation of this work plan, the County had finalized the contract
language for the initial agreement and has received approval from 28 muni-
cipalities in the County. These contracts are the first step in assuring
the County control of the waste so that bonds can be sold to raise the
construction and financing costs. The waste will be delivered by haulers
to either landfills or resource recovery facilities. These facilities will
all charge the same cost/ton, close to the current landfill disposal cost.
This method of charging does not create a disincentive for truck drivers to
deliver solid waste to the designated facility.
The cost for the resource recovery facilities, however, will be higher than
the landfill cost, so these moneys will be collected directly from the
municipalities as a "system charge." A problem arises in that there is no
current system of measuring the amount of waste a municipality generates,
which the County must know to determine the total "system charge." Nor is
there a method of determining how much waste each commercial, institu-
tional, or industrial establishment generates, which the municipality must
know if it wishes to charge the businesses based on quantity of waste
generated.
41029A/OAK4 Page 3 of 12
OSE
The purpose of this work program is to describe the tasks required for each
of the 28 communities to implement a user charge structure to recover the
costs for disposal of solid waste through a resource recovery and sanitary
landfill disposal system. Each community participating in the County
disposal system will be responsible for paying the additional costs for
disposal at a resource recovery facility. The alternative methods for each
community to recover these costs from the waste generators will be
developed as described in the following work plan.
It is important that the recommended methods for cost recovery comply with
all applicable legal requirements. Alternative methods for townships,
charter townships, villages and cities to recover disposal costs from waste
generators will be described and will be based on the quantity of waste
generated by each municipality that will participate in the Oakland County
Solid Waste System.
The billing procedure, based on quantity of waste generated, will require a
review of records for each community to determine the availability of
information regarding parameters related to waste generation. A plan for
implementation of a billing system and calculation of the total waste from
each of the 28 communities will be produced. The quantity of waste
estimated for individual generators will be based on the same method that
will be used to determine the "system charge" for the entire community.
41029A/OAK4 Page 4 of 12
INTRODUCTION
Previous projects attempted to identify the waste generation rates in
Oakland County. The initial project was conducted from January to
September 1985. The initial project examined the correlation between the
quantity of waste generated and parameters such as employment, building
area, number of students and number of hospital beds.
The most useful and defensible data collected was that produced by the
weighing of refuse containers and refuse trucks. The report for the
project was prepared and indicated where additional weighing would add to
the data base.
A follow-up project continued the weighing of refuse containers and
vehicles. The development of a data base computer program operating on a
personal computer to log the field data and calculate the unit assignments
was produced for the second phase of the unit assignment project performed
during the summer of 1986.
The Inter-Governmental Agreement to form the Municipal Solid Waste Board
was signed, which committed the participating municipalities to conduct
final resource recovery facility and sanitary landfill system financial
planning. The municipalities will be responsible for paying the system
costs. The system costs are the County's expenses, costs, and obligations
including design, construction, financing, operation, inspection,
maintenance, repair, land acquisition, insurance, administration, overhead,
alternate and emergency disposal, and royalty payments to sanitary landfill
host communities. Payment of these costs will be through a system charge
based on the quantity of waste each community produces and disposes in the
disposal system. The communities will meet their obligation through a user
charge or user fee charged by rate or by ad valorem or benefit assessment
levied by the Municipality.
41029A/OAK4 Page 5 of 12
The work plan described in this workscope will provide each participating
community with a choice of plans to implement a cost recovery system that
will be particularly suited to their community. The detailed plans
developed will explain the allocation of system costs to the municipality
and provide alternative methods to assess these costs through user fees or
user charges.
The legal consultant will provide a review of the alternative user fees and
billing methods to assess whether these procedures will be considered
legally implementable in the State of Michigan.
Task descriptions, cost estimates, and a schedule for the work program
follow.
41029A/OAK4 Page 6 of 12
September 16, 1986
TASK 1.0 ALTERNATIVE METHODS FOR COMMUNITIES TO RECOVER
DISPOSAL COSTS
Alternative methods of assessing user charges will be
developed in this task.
The following alternatives will be investigated:
o license haulers
o franchise collection routes with hauler contracts
o base disposal fee on a parameter proportional to the
quantity of waste generated
o base disposal fee on a parameter other than waste
generated (community referendum based on SEV)
PRODUCT: A detailed description of alternative methods to collect
user charges for the system facilities, based on the
amount of waste produced or other parameters.
INPUT: Previous Camp Dresser & McKee/Oakland County waste
generation studies.
OUTPUT: Alternative methods of collecting disposal fees from waste
generators will be reviewed by the legal consultant in
Task 4.
SCHEDULE TIME: 2 months
START DATE: October 1
FINISH DATE: November 30
LEVEL OF EFFORT: 30 days
41029A/OAK4 Page 7 of 12
September 16, 1986
TASK 2.0 IDENTIFY AND DESCRIBE FEE AND BILLING PROCEDURES FOR
EACH OF THE 28 COMMUNITIES
A billing procedure based on estimating the total waste
generated will be developed for each of the 28
communities. The community's current methods for billing
residents and businesses for other city services will be
considered during the development of the solid waste
billing system.
Interviews and visits to each of the communities will be
required to examine their current record systems. The
billing methods identified will be developed utilizing
existing record keeping methods and based on the quantity
of waste produced and other parameters. The result of
this task will be the description of a unique billing
system for each community for each billing method
identified. The community will then be able to decide on
the type of invoicing system that they could possibly
implement.
INPUT: The alternative methods for billing identified in the
previous work program will be used during the development
of a detailed description of the billing method for each
community.
OUTPUT: To Task 4.0
SCHEDULE TIME: 3 months
START DATE: October 1
FINISH DATE: December 30
LEVEL OF EFFORT: 43 days
41029A/OAK4 Page 8 of 12
September 16, 1986
TASK 3.0 SURVEY EXISTING FEE AND BILLING SYSTEMS AT OTHER RESOURCE
RECOVERY FACILITIES
A survey of other resource recovery facilities operating
in the country will be performed to identify their
methods of recovering costs for disposal of solid waste.
States that have local communities and Counties with
similar legal powers as found in Michigan will be the main
emphasis of this survey. An alternative system based on
the quantity of waste generated or other identified
methods for each community will be searched for in this
survey.
PRODUCT: Alternative methods of collecting fees for solid waste
disposal at operating facilities will be identified.
INPUT: A list of operating resource recovery facilities
throughout the country.
OUTPUT: Identified alternative fee and billing systems operating
throughout the country. These methods will be reviewed
for their applicability to Oakland County by the legal
consultant.
SCHEDULE TIME: 2 months
START DATE: October 1
FINISH DATE: November 30
LEVEL OF EFFORT: 28 days
41029A/OAK4 Page 9 of 12
September 16, 1986
TASK 4.0
INPUT:
OUTPUT:
REVIEW LEGAL ISSUES REGARDING UNIT ASSIGNMENT METHODOLOGY
AND ALTERNATIVE COMMUNITY BILLING PROCEDURES
The legal consultant will review the proposed methods for
communities to recover user and system charges. Methods
based on unit assignments and alternative systems
identified as operating throughout the country will also
be reviewed for their applicability in Michigan. There
will be several meetings between the engineering
consultant and the legal consultant to discuss the viable
methods with the Oakland County staff. The viable methods
will be incorporated in a report and presented to the
Municipal Solid Waste Board, representing the 28
communities participating in this system.
Initial criteria will be established by the legal
consultant such that alternative user fee methods can be
legally instituted in the State of Michigan.
Guidelines for operating a fee and billing system based on
quantity of waste produced or other parameters will be
identified by the legal consultant.
Methods for recovering user charges identified and
described in the Tasks 1, 2, and 3 will be reviewed by the
legal consultant.
A review of the fee and billing methods developed will be
performed by the legal consultant to assess whether all
recommended methods can be legally instituted in the State
of Michigan.
SCHEDULE TIME: 3 months
START DATE: October 1
FINISH DATE: January 1987
LEVEL OF EFFORT: 5 days - Engineering Consultant
15 days - Legal Consultant
41029A/OAK4 Page 10 of 12
4
4
4
0 98'3 0 $0
=2======== ---------
TOTAL HOURS
TOTAL LABOR COST $260
76 576 96 56 812
$2,276 $9,792 $2,076 $616
12 24 36
$413 $572 $15,020 $984 $16,004
106
Other Direct Costs
25 days $65.00 Total $ =
25 days $15.00 Total $ =
0 days $100.00 Total $ =
3000 pages $0.10 Total $ =
105 phone $2.00 Total $ =
computer Total $ =
Detroit ODC's Total $4,748
Direct Labor $15,020
Overhead 0 159% $23,882
Fee 0 14% $5,446
Other Direct Costs $4,748
Detroit Total = $49,096
Airfare:
Taxi:
Auto Rental: Detroit
Gasoline:
Lodging and Meals:
Reports:
Telephone:
Computer Use:
Computer software:
Region Summaries
$1,625
$375
$o
$300
$210
$1,600
638
COM Sumaries
$984
$1,565
$357
$1,387
========
OCTOBER 1,1986 DETROIT
- --------- ------------- --------- ------- ----- ------------- ---
OAKLAND COUNTY A. Lucas
PROJECT:SOLID WASTE B. Seymour R. Hurdle B. Bawkon J. Gross Edit Word Detroit
BILLING METHODS Off. Mgr. Proj. Mgr. Eng. V Sys Ana V Processor Total
Task Descriptions $32.45 /hr $29.95 /hr $17.00 /hr $21.63 /hr $11.00 /hr Hours
BOSTON AND TAMPA
Boston
W. Niessen R. Hauser Tampa Boston
Vice Pres. Eng. VI Total Detroit Txpa Task Total
$34.38 /hr $23.83 /hr Hours $ Total $ Total $ Total Mandays
1.0: ALTERNATIVE 2 20 160
METHODS
2.0: BILLING 2 20 240
PROCEDURES
3.0: SURVEY OTHER 2 20 160
RR FACILITIES
4.0; LEGAL REVIEW 2 16 16
24 24 230
44 24 326
24 8 214
8 0 42
12 $4,167 $328 $4,495 30.25
8 12 35,873 3328 $6,201 42.25
12 83,991 $328 $4,319 28.25
5.25
Tampa-Det 2 roundtrips $460.00 Total $ =
Tampa 2 trips $20.00 Total =
Detroit 2 days $50.00 Total $ =
$0.00 Total $ =
Detroit 2 days $75.00 Total $ =
600 pages $0.10 Total $ =
24 phone $2.00 Total $
computer Total $ =
misc. Total $ =
Boston / Topa ODC's Total $1,387
Direct Labor
Overhead 0 159%
Fee 0 14%
Other Direct Costs
Boston / Tampa Total = $4,293
COM Labor $16,004
COM Overhead 0 159X $25,447
COM Fee 14%
ODC's $6,135
$920
$40
$100
$0
$150
$60
$48
$50
$19
Total = $53,389
11111111111111111
11111111111111111
11111111111111111I
111111111111111111
11111111111111111111
1111111 1111111111111
11111111111111111111
11111111111111111111
11111111111111111n IIIIIIIIIIIIIM
OAKLAND COUNTY AUGMENTATION OF SOLID WASTE GENERATION RATES
AND IDENTIFICATION OF A BILLING SYSTEM FOR WASTE DISPOSAL
Task Number and Title October
Year 1986
NoVember December
TASK 1 Alternative Methods for Communities to Recover
Disposal Costs
TASK 2 Identify and Describe Fee and Billing
Procedures for Each of the 28 Communities
TASK 3 Survey Existing Fee and Billing Systems
at Other Resource Recovery Facilities
TASK 4 Review Legal Issues Regarding Unit Assignment
Methodology and Alternative Community Billing
Procedures
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