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HomeMy WebLinkAboutResolutions - 1985.05.09 - 11110MISC. RESOLUTION NO. #85146 May 9, 1985 BY: PLANNING AND BUILDING COMMITTEE IN RE: Drain Commissioner—Lapeer-Brown Roads Water Main Extension TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRMAN, LADIES AND GENTLEMEN: WHEREAS, the Charter Township of Orion (the "Township") by resolution adopted by its Township Board on April 15 , 1985, a cony of which is attached hereto, has indicated that it is in the need of certain extensions to the Orion Township Water System to be known as Lapeer-Brown Road Water Main Extension, as shown on Exhibit "A", attached hereto and has Proposed that such extensions be acquired and constructed by the County Agency and financed from funds on hand and funds to be derived by the issuance and sale of special assessment bonds by the Township; and WHEREAS, the Township Board of the Charter Township of Orion approved by resolution on April 15 , 1985, a form of contract for acquisition and construction of such Lapeer-Brown Road Water Main Extension by the Oakland County Drain Commissioner as County Agency, such contract being in the form attached to such resolution; and WHEREAS, it will be advantageous to the Charter Township of Orion and the County of Oakland if this Board of Commissioners authorizes the Oakland County Drain Commissioner to enter into and Perform such con- tract in accordance with the request of the Township; and WHEREAS, the Oakland County Drain Commissioner has recommended adoption of this resolution. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as follows: I. That this Board of Commissioners does hereby approve and authorize the Oakland County Drain Commissioner as its County Agency, to undertake, execute and perform such contract to acquire and construct APPROVE THE FOREGOING RESOLUTION t, -0flVe 1 such project in accordance with the provisions of and for the purposes described in said contract, 2. That the County Agency is hereby authorized to take con- struction bids and enter into contracts, and take any other actions necessary and incidental to construction of the Lapeer-Brown Road Water Main Extension. MR. CHAIRMAN, on behalf of the Planning and Building Committee I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE At a meeting of the Township Board of the Charter Township of Orion, Oakland County, Michigan, held in the Town Hall on the day of , 1985, at o'clock Eastern Standard Time. PRESENT: ABSENT: The following resolution was offered by and seconded by WHEREAS, the Charter Township of Orion and the Oakland County Board of Commissioners have heretofore consented by resolution to an additional extension to consist of a county system of sewage disposal facilities to serve the Township, said system to be known as the Orion Township Extensions No. 3; and WHEREAS, the Charter Township also has approved the con- struction of a certain Lapeer-Brown Road Water Main Extension within its Brown and Lapeer Roads Special Assessment District No. 1 (the "District") which overlaps the area to be involved in the construction of the Orion Township Extensions No. 3 to the Clinton-Oakland Sewage Disposal System and the Township believes that certain cost savings and efficiencies may be realized by causing the Lapeer-Brown Road Water Main Extension to be constructed by and through the Oakland County Drain Commissioner in accordance with the Contract to Build Lapeer-Brown Road Water Main Extension in the form attached hereto, including Exhibit "A", "B" and "C" attached thereto. NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP BOARD OF THE CHARTER TOWNSHIP OF ORION, OAKLAND COUNTY, MICHIGAN, as follows: 1. That this Township Board hereby approves the attached Contract to Build Lapeer-Brown Roads Water Main Extensions and auth- orizes the execution and delivery thereof by the Township Supervisor and the Township Clerk. 2, That the Oakland County Board of Commissioners is hereby requested to approve said Contract and to approve the execution, delivery and performance thereof by the Oakland County Drain Commissioner as its County Agency. 3. That the Township _Board also hereby approves the final plans for said Lapeer-Brown Roads Water Main Extensions and the estimates of $883,000 as the cost thereof, as attached as Exhibit "B" to the Con- tract approved hereby . -2- 4. That the County of Oakland is hereby requested to construct the Orion Township Lapeer-Brown Road Water Main Extensions in the Township of Orion, as described above. ADOPTED: YEAS NAYS STATE OF MICHIGAN ) COUNTY OF OAKLAND ) ss, I, the undersigned, the duly qualified and acting Clerk of the Charter Township of Orion, Oakland County, Michigan, do hereby certify that the foregoing is a true and complete copy of a resolution adopted by the Township Board of said Township on the day of , 1985, the original of which is on file in my office. IN WITNESS WHEREOF, I have hereunto affixed my official signature this day of , A.D. 1985. Township Clerk CONTRACT TO BUILD LAPEER-BROWN ROADS WATER MAIN EXTENSION This Contract between the Oakland County Drain Commissioner of the County of Oakland, Michigan, hereinafter referred to as the "County Agency" and the Charter Township of Orion, a body public corporate, hereinafter referred to as the "Township". WITNESSET H: WHEREAS, the Charter Township of Orion, Oakland County, has by resolution adopted on September 17, 1984, determined to issue and sell its special assessment bonds to finance (part of) the cost of an exten- sion of its water distribution system, located within a part of the geographical area of said Township and designated by said Township as the Brown and Lapeer Roads Special Assessment District No. 1 (the "District"); and WHEREAS, the Township has represented to the County Agency that the description of such extension to its water distribution system (the "project") to be located in the District is as set forth on Exhibit A (dated "March 1985") attached hereto and by this reference made a part hereof, and that a serious need for such project in said District can be addressed by immediate construction of said improvements shown on Exhibit A and that the aggregate estimated cost of construction of said improve- ments (exclusive of Project Management costs) is $719,289 as set forth on attached Exhibit B (dated February 22, 1985) which by this reference is hereby made a part hereof; and WHEREAS, the County Agency is willing to construct and install, at this time, said project in accordance with the plans and specifications therefor prepared by the engineers for the Township at an estimated cost as set forth and shown on Exhibit B, provided the cost of said improve- ments is advanced by the Township to the County Agency as provided herein; and WHEREAS, the County Agency is willing to provide Project Manage- ment in connection with such construction of the project at an estimated cost of S163,711 as set forth in Exhibit B, provided that the cost of said Project Management is paid to the County Agency by the Township. THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO, as follows: 1. Plans and specifications for the location, establishment and construction of the project shown on Exhibit A as developed, pre- pared and approved by registered professional engineers in the employ of the Township are hereby adopted and approved and identified by the initials of the agent for the County Agency and of the Supervisor of the Township. 2. The facilities constituting the entire Brown and Lapeer Roads Water Main Extension (i.e., the project) and its general location within the Township are shown on Exhibit "A" which is attached hereto and by this reference is made a part hereof. The Brown and Lapeer Road Water Main Extension is hereafter sometimes referred to as the "project". 3. The County Agency and the Township hereby approve and adopt the estimate of the total cost of the project in the amount set forth on Exhibit "13" attached hereto, 4. After the execution of this contract by the County Agency and the Township, the County Agency shall take the following steps, subject to the receipt from the Township of the payments as provided in paragraph 10 hereof, to-wit: (a) Take all necessary steps to obtain construction bids for the project (concurrently with obtaining construction bids for the Clinton-Oakland Sewage Disposal Systems Orion Township Extensions No. 3) and enter into construction contracts with the lowest responsive and responsible bidders for the project. (b) After the execution of construction contracts, the County Agency shall cause the project to be constructed and installed in accordance with the applicable plans and specifications within a reason- able time and do all other things required to it hereunder. 5. The County Agency shall cause all equipment, materials, labor, supervision and inspection necessary therefor to be provided and shall cause a good and workmanlike job to be done and performed, except that the County Agency shall not be obligated hereby to acquire or furnish the rights-of-way, easements or any interest in lands in which said project shall be located outside of the rights-of-way of the Township or county roads, nor to obtain permits or approvals necessary to the construction and installation of the project. 6. The Township shall acquire or furnish the rights-of-way, easements or any interests in lands outside of road rights-of-way necessary for such project, obtain permits or approvals necessary to the construction and installation of the project, and, in addition, the County Agency shall not be responsible for the performance and furnishing of all administrative, legal and professional services and all proceedings, notices and meetings required to establish the District, create, levy and collect special assessments therein and issue and sell special assessment bonds therefor in accordance with Act 188, Public Acts of Michigan, 1954, as amended. 7. The Township shall be responsible for and furnish such engineering services as shall be necessary to design the project and prepare for construction, and the County Agency shall be responsible for and furnish such engineering services as shall be necessary to construct, install and inspect the project. 8. It is understood and agreed by the parties hereto that the project is to serve the Township and not the individual property owners and users thereof. Accordingly, the responsibility of requiring connec- tion to and use of the facilities of the project and of providing such additional facilities herefor, as may be needed, shall be that of the Township. The County Agency shall not be obligated to acquire or con- struct any facilities other than those designated in paragraph 2 hereof. -3- 9. The County Agency 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 Agency and the Township shall be insured parties thereunder and shall contain a provision re- quiring that the Township be notified at least ten days prior to can- cellation thereof. One copy of each policy of insurance shall he filed with the Township. 10. The Township shall pay to the County Agency 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 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 Township to the County in installments as follows: (1) The sum of $50,000 to be paid upon execution of this contract and prior to the time when completed bid plans and specifications are received and accepted by the County Agency. (2) The balance of the cost of the project (estimated now to be $833,000) prior to award of construction contracts. Shown on Exhibit "C" is the schedule of installment payments to be made by the Township, which schedule will be revised as detailed estimates are made and when construction bids are received. 11. The County Agency shall notify the Township, by written communication addressed to its treasurer, of the time and amount of the next payment due hereunder. The Township hereby covenants and agrees, not less than ten (10) days after receipt of such notice, to remit to the County Agency sufficient funds to pay the amount then due. The obligations of the Township to reimburse the County Agency shall be applicable to all obligations and contracts incurred or entered into by the County Agency to construct and complete the project or any part thereof, whether incurred or executed at one time or more than one time. It is assumed that the aggregate amount of all installment payments will represent the cost of the project. If the Township shall fail to make any of such payments when due, the County Agency shall have no obliga- tion to proceed further with acquisition or construction of the project. The Township 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. 12. After completion of the project and payment of all costs thereof, any surplus remaining from the payments received from the Town- ship shall be returned to it or, in the alternative, said surplus may be used at the request of the Township for any purpose permitted by Act No. 188 of the Michigan Public Acts of 1954, as amended. All moneys paid by the Township to County shall be invested by the County Agency through the County Treasurer only as permitted by Act No. 20 of 1943, as amended (MCLA 129.91) and Act No. 367 of 1982, as amended (MCLA 129.111). The earnings from such investment shall accrue to the credit of the Town- ship but shall be retained and reinvested by the County Agency through the County Treasurer for the duration of this Agreement and returned to the Township upon completion of the Project pursuant to this Section 12. 13. If the payments received from the Township are for any reason insufficient to complete the project in accordance with the plans and specifications therefor, the County Agency shall, if necessary, sub- mit to the Township a request for payment of the additional amount due with an explanation in writing of the reasons and need therefor and of the amount necessary to provide funds to complete the project in which event the duties and obligations of the County Agency and the Township 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 Township, in the manner specified in paragraoh 10 of this contract, shall be based upon the aggregate amount of the actual and final project cost. -5- 14. The Township does hereby agree to promptly and timely Pay its obligations expressed in this contract out of the proceeds of the Brown and Lapeer Roads Water Main Extension Special Assessment Bonds and other funds lawfully available for such purpose. 15. The Township consents to the establishment and location of the project within its corporate limits and consents to the use of the streets, alleys and public places of the Township for the location, construction, repair, replacement, maintenance and use of the project. After completion, the project shall be maintained and operated by the Township. 16. The County Agency shall not be required to provide any water system improvements for said area shown on Exhibit A other than those herein and therein described, nor shall it be required to provide any water mains, hydrants, tunnels or valves or wells which are connected with or adjacent to the District designated by the Township to be served by the herein described project other than those shown on Exhibit A and in the plans and specifications heretofore approved by the parties hereto. 17. The Township shall give the County Agency necessary permits or delegation of authority for construction of the project. 18. The parties hereto hereby covenant not to discriminate against any employee or applicant for employment, to be employed in the performance of this contract, with respect to his hire, tenure, terms, conditions or privileges of employment, or any matter directly or in- directly related to employment, because of his race, color, religion, national origin, or ancestry, and to require a similar covenant on the part of any subcontractor employed in the performance of this contract. 19. This contract shall become effective upon approval by the legislative body of the Township by the County Agency, and by the Board of Commissioners of Oakland County, and duly executed by the authorized officers of the Township and by the County Agency. This contract may be executed in several counterparts, all of which shall constitute a single instrument. 20. The provisions of this contract shall be in full force and effect and binding upon the successors and assigns of the parties hereto. -6- IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed this day of 1985. The effective date of this contract shall be [985, COUNTY OF OAKLAND By Its County Agency BY: Drain Commissioner of Oakland County CHARTER TOWNSHIP OF ORION BY: JoAnn Van Tassel, Supervisor BY: Katherine E. Jacobs, Clerk SILVER BELL LAPEER-BROWN ROAD WATER MAIN EXTENSION ORION TOWNSHIP, MICHIGAN EXHIBIT- 'A' MARCH 1985 PT EL 3,913 L.F. 0 $ 6,750 L.F. 409 L.F. 6,350 L.F. 190 L.F. @ 35 Ea. @ 4 Ea. 6 Ea. 1 Ea. CONTRACTED SERVICES - CONSTRUCTION 20-inch Water Main 16-inch Water Main 16-inch Water Main Tunnel 12-inch Water Main 12-inch Water Main Tunnel Standard Hydrants 16-inch G.V. & W. 12-inch G.V. & W. Air Relief Valve & Well 44.00 $172,172.00 35.00 236,250.00 113.00 46,217.00 25.00 158,750.00 100.00 19,000.00 1,600.00 56,000.00 4,500.00 18,000.00 2,000.00 12,000.00 900.00 900.00 $ 25,000.00 $ 2,500.00 Herold J. Luedersc P.E. #14924 "EXHIBIT-"B" LAPEER-BROWN ROAD-WATER MAIN EXTENSION ORION TOWNSHIP, MICHIGAN ESTIMATE OF COST $719,289.00 Total Construction Cost CONTRACTED SERVICES - PROJECT MANAGEMENT Consulting Engineer: Contract Admin. & Field Staking Construction Legal Services COUNTY SERVICES - PROJECT MANAGEMENT Engineering & Administration - Construction Construction Inspection Contingency TOTAL ESTIMATED PROJECT COST $ 25,200.00 $ 40,000.00 $ 71,011.00 $883,000.00 OAKLAND ,COONTY DRAIN ,COMMTS'STONER / Dated: February 22, 1985 CHARTER TOWNSHIP OF ORION BROWN AND LAPEER ROADS WATER MAIN EXTENSION Schedule of Installment Payments Execution of contract between County Agency and Charter Township of Orion $ 50,000,00 2. Prior to award of construction contract $833,000.00 TOTAL $883,000.00 EXHIBIT "C" #&5146 May 9, 1985 this 9.1.11 daY of May . 4( 1985 aU4L_ALLEN Counky Clerk/Register of Deeds Moved by Hobart supported by Rewold the resolution be adopted. AYES: Wilcox, Aaron, Caddell, Doyon, Fortino, Gosling, Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Nelson, Olsen, Page, Perinoff, Pernick, Price, Rewold, Skarritt. (24) NAYS: None. (0) 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 May 9, 1985. with the orginial 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