Loading...
HomeMy WebLinkAboutResolutions - 1986.12.11 - 10956December 11, 1986 MISC. RESOLUTION NO. 86343 BY: PLANNING AND BUILDING COMMITTEE - Anne M. Hobart, Chairperson IN RE: DRAIN COMMISSIONER - WEST BLOOMFIELD WATER SUPPLY SYSTEM - SECTION IX TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRMAN, LADIES AND GENTLEMEN: WHEREAS, the County of Oakland (the "County") has heretofore established and constructed and acquired the West Bloomfield Water Sup- ply System pursuant to the provisions of Act No. 185, Public Acts of Michigan, 1957, as amended, and pursuant to the West Bloomfield Water Supply System Contract between the County and the Township of West Bloomfield (the "Township") dated as of December 1, 1970; and WHEREAS, it is now necessary to improve, enlarge and extend the West Bloomfield Water Supply System by the acquisition and con- struction of the hereinafter described West Bloomfield Water Supply System Section IX; and WHEREAS, by the terms of Act 342, Public Acts of Michigan, 1939, as amended ("Act 342"), the County and the Township are authorized to enter into a contract for the acquisition, construction and financing of the West Bloomfield Water Supply System Section IX consisting of water supply facilities to serve the Township and for the payment of the cost thereof by the Township; and WHEREAS, there has been submitted to this Board of Commis- sioners a proposed contract between the County, by and through the Drain Commissioner, County Agency, party of the first part, and the Township, party of the second part, which contract provides for the acquisition, construction and financing of the West Bloomfield Water Supply System Section IX pursuant to Act 342, which contract is here- inafter set forth in full. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as follows: 1. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The esti- mate of $1,409,000 as the cost of the West Bloomfield Water Supply System Section IX and the estimate of 40 years and upwards as the period of usefulness thereof, as submitted to this Board of Commis- sioners, be and the same are hereby approved and adopted. 2. APPROVAL OF CONTRACT. The West Bloomfield Water Supply System Section IX Contract dated as of October 1, 1986, between the County, by and through the County Drain Commissioner, party of the first part, and the Township, party of the second part, which contract has been submitted to this Board of Commissioners, be and the same is hereby approved and adopted, and the County Drain Commissioner is hereby authorized and directed to execute and deliver the same for and on behalf of the County, in as many counterparts as may be deemed ad- visable, after the contract has been executed by the appropriate officials of the Township. Said contract reads as follows: WEST BLOOMFIELD WATER SUPPLY SYSTEM SECTION IX CONTRACT THIS CONTRACT, made as of the 1st day of October, 1986, by and between the COUNTY OF OAKLAND, a Michigan county corporation (hereinafter called the "County"), by and through its County Drain Commissioner as the County Agency (hereinafter referred to as the "County Agency"), party of the first part, and the CHARTER TOWNSHIP OF WEST BLOOMFIELD, a charter township in the County of Oakland (hereinafter called the "Municipality"), party of the second part: WITNESSITH: WHEREAS, the Oakland County Board of Commissioners, by Resolution Misc. No. 4522, adopted on December 21, 1965, established the West Bloomfield Water Supply System (the "System") to serve the Municipality; and WHEREAS, the County, through its Board of Public Works, and pursuant to the provisions of Act No. 185, Public Acts of Michigan, 1957, as amended, has acquired and con- structed the System pursuant to the West Bloomfield Water Supply System Contract, dated December 1, 1970, between the County and the Municipality (said contract hereinafter refer- red to as the "Base Contract"); and WHEREAS, by the terms of Act No. 342, Public Acts of Michigan, 1939, as amended ("Act 342") the County the Municipality are authorized to enter into a contract for the acquisition, improvement, enlargement or extension of the System and for the payment of the cost thereof by the Municipality; and WHEREAS, it is now necessary for the public health and the welfare of the present and future residents of the Municipality to extend, improve and enlarge the System in the Municipality by the acquisition and construction of the West Bloomfield Water Supply System Section IX and to finance such acquisition and construction by payments from the Municipality to the County of amounts to become due under this contract. NOW, THEREFORE, in consideration of the premises and the covenants of each other, the parties hereto agree as follows: 1. The County and the Municipality hereby approve the extension, improvement and enlargement of the System by the acquisition and construction, by the County Agency under and pursuant to the provisions of Act 342, of water supply facilities to serve the Municipality. The water supply facilities to be acquired and constructed are hereby desig- nated the "West Bloomfield Water Supply System Section IX". 2. The facilities constituting the West Bloomfield Water Supply System Section IX project and their general location within the Municipality are shown on Exhibit "A" which is attached hereto and by this reference is made a part hereof. The West Bloomfield Water Supply System Section IX is hereafter sometimes referred to as the "project". -2- 3. The County and the Municipality hereby approve and adopt the estimate of the cost of the project in the amount set forth on Exhibit "B" attached hereto and the estimate of 40 years and upwards as the period of usefulness of the project. 4. After the execution of this contract by the County and the Municipality, the County Agency shall take the following steps, subject to the receipt from the Municipality of the payments as provided in paragraph 6 hereof, to-wit: (a) Order final plans and specifica- tions for the project from a con- sulting engineer. (b) Do those things necessary to obtain the the approvals required for the construction of the project, obtain construction bids for the project and enter into construction con- tracts with the lowest responsible bidders. (c) After the execution of construction contracts, cause the project to be constructed within a reasonable time and do all other things required of it under the provisions of Act 342. 5. It is understood and agreed by the parties hereto that the project is to serve the Municipality and not -.3-- the individual property owners and users thereof, unless by special arrangement between the County Agency and the Munici- pality. The responsibility of requiring connection to and use of the facilities of the project and of providing such additional facilities, as may be needed, shall be that of the Municipality which shall cause to be constructed and maintained, directly or through the County, any such neces- sary additional facilities. The County shall not be obli- gated to acquire or construct any facilities other than those designated in paragraph 2 hereof. The project is an improvement, enlargement and extension of the System and the Base Contract shall apply thereto except as the same may be specifically modified herein for specific application to the project. The County hereby agrees that it will secure, or cause to be secured, and maintained during the period of construction adequate property damage and public liability insurance covering all facilities to be constructed pursuant to this contract. All policies of insurance shall provide that the County and the Municipality shall be insured parties thereunder end shall contain a provision requiring that the Municipality be notified at least ten days prior to cancella- tion thereof. One copy of each policy of insurance shall be filed with the Municipality. 6. The Municipality shall pay to the County the entire cost of the project. The term "cost" as used herein shall be construed to include all items of cost of the type set forth on Exhibit "B" attached hereto and any other -4- items of cost of a similar nature as may be set forth in any revision of said Exhibit "B" agreed to by the parties hereto, incurred by the County in acquiring and constructing the project. The cost of the project will be paid by the Municipality in installments as follows: (1) The sum of $247,000 to be paid upon execution of this contract, being the estimated cost of obtaining plans, specifications, detailed estimates of cost and easements. (2) The sum of $28,000 to be paid when completed bid plans and specifica- tions are received and accepted by the County Agency. The balance of the cost of the project (estimated now to be $1,134,000) when construction bids are received and prior to the award of construction contracts. Shown on Exhibit "C" is the schedule of installment payments to be made by the Municipality, which schedule will be revised as detailed estimates are made and when construction bids are received. The County Agency shall notify the Municipality, by written communication addressed to its treasurer, of the time and amount of the next payment due hereunder. The Municipality covenants and agrees, not less than ten (10) (3) -5- days after receipt of such notice, to remit to the County sufficient funds to pay the amount then due. The obliga- tions herein expressed shall be applicable to all obligations and contracts incurred or entered into by the County to construct and complete the project, or any part thereof, whether incurred or entered into at one time or more than one time. It is assumed that the aggregate amount of all installments payments will represent the cost of the project. If the Municipality shall fail to make any of such payments when due, the County and the County Agency shall have no obligation to proceed further with acquisition or construc- tion of the project. The Municipality shall hold the County and the County Agency harmless from any and all liability on account of the project and its acquisition or construction whether or not the project is commenced or completed. 7. After completion of the project and payment of all costs thereof, any surplus remaining from the payments received from the Municipality shall be returned to it in the alternative, said surplus may be used at the request of the Municipality and upon approval by the Oakland County Board of Commissioners, to improve, enlarge or extend the project. 8. If the payments received from the Municipality are for any reason insufficient to complete the project in accordance with the plans and specifications therefor, the County Agency shall, if necessary, submit to the Munici- pality a request for payment of the additional amount due with an explanation in writing of the reasons and need or, -0- therefor and of the amount necessary to provide funds to complete the project in which event the duties and obliga- tions of the County Agency and the Municipality as expressed and set forth in this contract shall be applicable to such additional payment as well as the original payment, it being at all times fully recognized and agreed that the payments to be made by the Municipality, in the manner specified in paragraph 6 of this contract, shall be based upon the aggre- gate amount of the actual and final project cost. 9. The Municipality, pursuant to the authoriza- tion of Section 5 of Act 342, Public Acts of Michigan 1939, as amended, does hereby pledge its full faith and credit for the prompt and timely payment of its obligations expressed in this contract. 10. This contract is contingent upon the County actually receiving all of the payments promised by the Municipality to defray the estimated cost of the project. 11. The Municipality consents to the establishme ,rt . and location of the project within its corporate limits and - consents to the use of the streets, alleys and public places. of the Municipality for the location, construction, repair, replacement, maintenance and use of the water supply facili- ties of the project. After completion, the project shall be used by the Municipality as part of the System in accordance with the Base Contract. 12. This contract shall become effective upon approval by the legislative body of the Municipality, by the -7- County Agency, and by the Board of Commissioners of Oakland County, and duly executed by the authorized officers of the Municipality and by the County Agency. It shall terminate upon expiration of the Base Contract, and upon termination all title, possession and ownership of the project and of any unused or surplus funds shall automatically revert to the Municipality. The provisions of this contract shall be in full force and effect and binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed and delivered by their respec- tive duly authorized officers, all as of the day and year first above written. COUNTY OF OAKLAND By Its County Agency By Drain Commissioner of Oakland County CHARTER TOWNSHIP OF WEST BLOOMFIELD By Supervisor By Township Clerk G196C/r/3 -8- COMMENCE TOWNSHIP ROAD HAGGERTY 0" 20 KEITH ROAD 0 ROAD Wrn* 0n11M •••nn •••n• 16" HALSTED 16" GREEN ILK RD HALSTED ROAD jr• 20. LOCHAYEN ROAR LAKE ROAD ROAD F41. CITY BEV:HARI' LAAE vuAit HILLER ROAD LEGEND MIN Proposed Watermaln n•n Exist. W M. - 12" 8 Larger - Exist. W.M. -10" 8 Smaller --MI Exist. Well •OW Exist. D.M.W.D. Watermaln C7 ,, i !DI'', # —I. 4% Rimoi2ow 4111111 v , =1.11m111.1.1 0 0 • a . North Scale. "t.2000° WEST BLOOMFIELD TWP. Proposed Water Main Extension 20" 20 FARMINGTON OHY14380 DATE Aug. 5 ' 1986 (y..; JOS No 860051 H R C Hubbell,Roth S Clark,Inc. °I1 2323 FRANKLIN ROAD PD 1300 824 13LOOMI I 10 HILLS, MI 03013 EXHIBIT A, . ° 0 -7 4r. c'N't DRAKE $ 99,000 5,000 $ 104,000 6,500 Engiheering Consulting Engineer Soil Borings Legal Services (8-28-86) EXHIBIT - "B" WEST BLOOMFIELD TOWNSHIP WATER SUPPLY SYSTEM - SECTION IX ESTIMATE OF COST CONTRACTED SERVICES - CONSTRUCTION 20-inch Water Main 8-inch Water Main 16-inch G.V. & W. 8-inch G.V. & W. Hydrants 15,500 L.F. @ $ 50.00 = 350 L.F. @ 20.00 = 12 Ea. @ 6,500.00 = 12 Ea. @ 1,500.00 = 33 Ea. @ • 1,700.00 = Total Construction Cost = $ 775,000 7,000 78,000 18,000 56,100 $ 934,100 CONTRACTED SERVICES - PROJECT DEVELOPMENT COUNTY SERVICES - PROJECT MANAGEMENT Engineering Administration Right-of-Way Construction Inspection Soil Erosion Permit (Act 347) Contingency $ 46,700 9,300 158,000 56,000 1,700 92,700 TOTAL ESTIMATED PROJECT COST = $1,409,000 I hereby estimate the period of usefullness of this facility to be Forty (40) years and upwards. HUBBELL, ROTH & CLARK, INC. By WEST BLOOMFIELD TOWNSHIP WATER SUPPLY SYSTEM - SECTION IX SCHEDULE OF INSTALLMENT PAYMENTS 1. Execution of contract between County of Oakland and Township of West Bloomfield $ 247,000 2. Completed bid plans and specifications received and accepted by the County Agency 3. Construction bids received and prior to award of construction contracts 28,000 1,134,000 TOTAL $1,409,000 (8-29-86) EXHIBIT - 4 3. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are hereby rescinded. MR. CHAIRMAN, on behalf of the Planning and Building Committee I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE I WRY APPPflVF THr- FnREGOING Rr-SCA UTION Resolution # December 11, 1986 Moved by Hobart supported by Richard Kuhn the resolution be adopted. AYES: Price, Rewold, Rowland, Webb, Wilcox, Aaron, Caddell, Doyon, Fortino, Gosling, Hobart, R. Kuhn, S. Kuhn, Lanni, McConnell, Moffitt, Page, Perinoff, Pernick. (19) NAYS: None. (0) A suffiicent 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 Qecember 11, 1 986 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 Pontiac, Michigan this 11th day of December, 1986 - :4WE Ly67177r. Allen, Coun y Clerk/ Regiíster Of Deed