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HomeMy WebLinkAboutResolutions - 1985.11.07 - 11279November 7, 1985 85319 Miscellaneous Resolution BY: PLANNING AND BUILDING COMMITTEE IN RE: SEWER, WATER & SOLID WASTE DIVISION SOLID WASTE MANAGEMENT ACT 641 GRANT FOR SOLID WASTE MANAGEMENT PLANNING - FISCAL YEAR 1985-86 & 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 this Oakland County Board of Commis- 1 1 sioners 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 July 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 $49,011 in state funds is available to Oakland County for fiscal year 1985-86; 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 program with 20% ($12,253) in local funds; and WHEREAS, the County of Oakland must execute the attached Contract with the State Department of Natural Resources not later than December 2, 1985 to receive fiscal year 1985-86 state planning funds. . . NOW, THEREFORE BE IT RESOLVED that the Oakland County Board of Com- missioners hereby authorized the Chairman of the Board and the Oakland County Executive to execute the necessary contract between the Michigan Department of Natural Resources and the County of Oakland to receive fiscal year 1985-86 grant funds as provided in the Solid Waste Management Act 641 of Public Acts of 1978. HEGT.BY APPROVE: THE FOREGQNG RESO LUTiON rie I. AilvrP-1 BE IT FURTHER RESOLVED, that the Oakland County Executive is further authorized to make reasonable changes to the work program during the course of the study or if required for state approval. BE IT FURTHER 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 Chairman of the Board of Commissioners and the Oakland County Executiveare 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 FURTHER RESOLVED, that the maximum fee for these consulting engineering services shall not exceed $61,264.00. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. October 7, 1985 COUNTY OF OAKLAND, MICHIGAN Summary of Work Program for Act 641, Public Acts of 1978 Grant Funds for Fiscal year 1935-86 Work Program for the Augmentation of Solid Waste Generation Rates in Conjunction with the Implementation of the Oakland County Solid Waste Management Plan, consulting engineering activities to be performed by Camp, Dresser, and McKee, Inc., of Detroit, Michigan. Total = State Grant 80%. = County Match 20% - $61,264.00 $61,264.00 $49,011.00 $12,253.00 EXHIBIT B A WORK PROGRAM FOR THE AUGMENTATION OF SOLID WASTE GENERATION RATES IN CONJUNCTION WITH THE IMPLEMENTATION OF THE OAKLAND COUNTY SOLID WASTE MANAGEMENT PLAN OCTOBER 1985 CAMP DRESSER & McKEE DETROIT, MICHIGAN 41029A TABLE OF CONTENTS SECTION PAGE BACKGROUND ****** 00800000 eeeeeeeeeeeeee 00 ...... 0f00400000000000 0 0 PURPOSE 2 INTRODUCTION 2 TASK I WASTE WEIGHING PROGRAM ..... ............ ...... ..... 4 TASK 2 FINAL DETERMINATION OF UNIT ASSIGNMENT CRITERIA 5 PROJECT COSTS DETAIL 0000004000 ........ 000000 ........ 0 ...... 6000004,000 6 PROJECT SCHEDULE 000000000000 ............ 0000 ..... 0 ... ... 000000000006 7 41029A 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 Advisory 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 this agreement and was actively seeking signatures from muni- cipalities in the County. These contracts assure 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 monies 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 to charge the business. 41029A 41029A -2- PURPOSE The purpose of this work program is to describe the tasks required to con- tinue to approximate the waste generation rates from commercial, institu- tional, and industrial establishments in Oakland County. This information will be used to determine the amount of waste generated by each municipal- ity that will participate in the Oakland County Solid Waste System. This waste quantity will be used in the determination of the "system charge." INTRODUCTION This project will continue efforts to identify the waste generation rates in Oakland County. The initial project was conducted from January to September 1985 and consisted of the following tasks: Task 1 Literature Search Task 2 Initial Determination of Unit Assignment Criteria Task 3 Calibration of Initial Unit Assignment Criteria Task 4 Conduct Verification Program 4.1 Interview Waste Generators 4.2 Interview Waste Haulers 4.3 Monitor Waste Collection 4.4 Waste Weighing Program Task 5 Final Determination of Unit Assignment Criteria Task 6 Application of Unit Assignment Criteria to Oakland County The project was conducted according to the work plan, but did not produce a comprehensive set of waste generation rates as expected. The most useful and defensible data collected was that produced by the weighing of refuse containers and refuse trucks. The weighing program went smoothly until no more haulers would cooperate and allow weighing of their vehicles. The report for the project was prepared and indicated where additional weighing would add to the current data base and fill in the gaps where weighing this past year could not be accomplished. Therefore, this work program will concentrate heavily on weighing of refuse containers and vehicles. There are two reasons why the weighing program should proceed more smoothly and obtain better cooperation from the haulers. First, this program will immediately begin with the weighing efforts, and most of the weighing will be complete before late spring when the haulers start getting very busy. Second, the County is pursuing the signing of the Inter-Governmental Agree- ment, which will commit the participating municipalities to conduct final resource recovery facility financial planning. We feel this greater commitment on the part of the municipalities and County will give the entire County solid waste program the necessary credibility to convince the haulers to cooperate. This work plan will consist of two tasks. Task 1 will be to continue the weighing program. Task 2 will analyze the data and incorporate it into the current waste generation rate report. Task descriptions, cost estimates, and a schedule for this work program follow. 41029A -3- 41029A -4- October 1985 TASK 1.0 PRODUCT: INPUT: OUTPUT: SCHEDULE TIME: START DATE: FINISH DATE: LOE: WASTE WEIGHING PROGRAM Weighing the waste collected at predetermined waste gen- erators will be performed during this task. The unit waste assignment for the selected waste categories can then be verified with these field measurements. Waste generation rates will then be correlated to the type of activity and to a pertinent and easily identifiable cri- teria associated with the particular industrial or commercial application. Trucks will be weighed with portable scales previously purchased for the work program. Compaction trucks will be weighed after every collection stop by the consultant. Trucks equipped to haul roll-off containers will be weighed before and after dumping by the hauler at the disposal site if possible, otherwise by the consultant. The selection of which establishment's waste should be wei9hed will be based on the results of the original unit assignment program and discussions with haulers. Waste generation rates for select commercial, institu- tional, and industrial enterprises will be verified through field measurements. From previous work program To Task 2.0 4 months February 1 May 30 128 days October 1985 TASK 2.0 FINAL DETERMINATION OF UNIT ASSIGNMENT CRITERIA Task 1.0 will measure the waste of those commercial, institutional, and industrial entities that require re- finement of their unit assignments. The results of the field investigations will provide the necessary data and documentation to more accurately assign waste unit produc- tion rates and therefore provide a methodology for a user fee program. The unit assignment criteria written during this task would be based on the reuslts of other docu- mented unit assignment systems and original data obtained from the field studies conducted in Task 1.0. PRODUCT: A refined unit assignment criteria based on data from Oakland County commercial, institutional, and industrial entities. INPUT: Task 1.0 OUTPUT: Final Report SCHEDULE TIME: 2 months START DATE: June 1 FINISH DATE: July 31 LOE: 20 days 41029A -5- Detroit ODC's Total $5,800 Boston / Tamoa ODE'S Total $2.042 OCTOBER 4,1985 DETROIT BOSTON AND TAMPA OAKLAND COUNTY Boston PROJECT:SOLID WASTE A. Wong R. Hurdle B. Bawkon Edit Word Detroit W. Niessen R. Hauser Tampa Boston GENERATION RATES Off. Mgr. Proj, Mgr, Eng. Ifl Eng. II Processor Total Vice Pres. Eng. VI Total Detroit Tama Task Total Task Descriptions $32.45 /hr 427.83 /hr $15.75 /hr $13.32 /hr $9.38 /hr Hours $34.38 /hr $23.83 /hr Hours 4 Total 4 Total 4 Total mandavs 1.01 WEIGHING 1 20 490 480 24 1015 9 0 114,925 1191 $15,116 127.875 PROGRAM 2.0: FINAL UNIT 1 20 64 10 24 113 2 40 42 $1,955 11,022 42,977 20.125 ASSIGNMENT = TOTAL HOURS 2 40 554 490 48 1134 2 48 50 149 TOTAL LABOR COST $65 $1,113 48 1 726 $6,527 $450 $69 $1,144 $1.390 $1.213 118,033 Other Direct Costs Airfare: Tampa-Oet 3 roundtrips 1460.00 Total $ = $1.380 I Taxi. Tampa 3 trips $20,00 Total $ = 460 cp, , • 1 Auto Rental: Detroit 4 months $600.00 Total $ = $2,400 Detroit 4 days $50.00 Total $ . $200 Gasoline: 4 months $400.00 Total $ . $1,600 0 $0.00 Total $ = $0 Lodging and Meals: Boston 6 days $100.00 Total $ = 3600 Detroit 3 days $75.00 Total $ = $225 Reports: 3000 pages $0.10 Total $ . 1300 600 pages $0.10 Total $ .. $60 Telehone: 100 phone $2,00 Total $ .. $200 24 phone $2.00 Total $ = $48 Computer Use: computer Total $ .. $700 computer Total $ . $50 misc, Total 4 . $19 Region Summaries CDM Summaries Direct Labor $16,880 Direct Labor 3.213 Overhead • 159% $26,839 Overhead ii 159% 11.929 Fee @14% $6,121 Fee @ 14%, $440 Other Direct Costs $5,800 Other Direct Costs 12,042 ...a. L. 41. Detroit Total $55,640 Boston / Tamoa Total = $5,624 COM Labor $18,093 CDM Overhead fit 159% 4 28,763 CDM Fee @ 14% $6,561 ODC's $7,842 Total . $61.264 TASK NO. AND DESCRIPTION FEBRUARY MARCH APRIL I MAY JULY JUNE 2.0 FINAL DETERMINATION OF UNIT ASSIGNMENT CRITERIA OAKLAND COUNTY DETERMINATION OF SOLID WASTE GENERATION RATES, EXHIBIT TIME, 1986 1.0 WASTE WEIGHING PROGRAM AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES FOR THE AUGMENTATION OF SOLID WASTE GENERATION RATES IN CONJUNCTION WITH THE IMPLEMENTATION OF THE OAKLAND COUNTY SOLID WASTE MANAGEMENT PLAN THIS IS AN AGREEMENT made as of the day of January 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 augmentation of the present unit assignment criteria for refuse generation in Oakland County, that when applied to a municipality's residential, commercial, institutional, and industrial refuse generators, will result in an estimate of the total refuse produced by that municipality (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 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 Page 2 of 5 SECTION 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 by five (5) 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 monthy 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 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 Page 4 of 5 Richard R. Wilcox Chairperson, Board of Commissioners Alan K. Wong Vice President Date: Date: 6.5 Nothing herein shall be construed to give any right or benefits 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, written instrument. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. OWNER ENGINEER Daniel T. Murphy County Executive Date: APPROVED AS TO FORM: Gordon R. Wyllie Assistant Corporate Counsel Date: 4I029A Page 5 of 5 EXHIBIT A TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES FOR THE AUGMENTATION OF SOLID WASTE GENERATION RATES 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 SERVICES This is an exhibit attached to and made a part of the Agreement dated January , 1986 between the County of Oakland, Michigan (OWNER) and Camp Dresser & McKee, Detroit, Michigan, a Michigan Partnership (ENGINEER) for study and report professional services. • 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. The portable truck scales and other equipment purchased previously for the County will be used for this project and then transferred to the OWNER at the completion of the Scope of Basic Services 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. Page 1 of 2 TOTAL $61,264 3. The time periods for the performance of ENGINEERS's services as set forth in Section 3 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. b. 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 $61,264. 5. OWNER has approved the following budget for the project: Direct Labor $18,093 Overhead and Indirect Costs 28,768 Other Direct Costs 7,842 Fee 6.561 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. Page 2 of 2 EXHIBIT B E-et/94/ /lig I I /5- ,Otvrz-Y 1a/iVZ7/ .1-L ,:cket-il A-1 ifYIOR 777e- Ae,e-l7) 4//i/P g"-X vi-Ae iox,6,e4m 75- z/v- //t/ 7/745 7Td 7 -414 4 -7-7014,-//1tvu 70 7-o e044/4,,,,515 /emer-kv5 A WORK PROGRAM FOR THE AUGMENTATION OF SOLID WASTE GENERATION RATES IN CONJUNCTION WITH THE IMPLEMENTATION OF THE OAKLAND COUNTY SOLID WASTE MANAGEMENT PLAN OCTOBER 1985 CAMP DRESSER & McKEE DETROIT, MICHIGAN 41029A EXHIBIT C CAMP DRESSER & McKEE MEMORANDUM TO: Distribution FROM: Paul G. Camell DATE: September 26, 1985 SUBJECT: Computer Rates The expanded use of computer equipment in CDM requires consistent company-wide rates which apply to project chargeable computer use. The following rates are to be effective October 1, 1985: DEC-20 and VAX The attached Computer Resources Price Schedule includes rates for the DECsystem-20, VAX 11/750 and VAX 11/785. Word Processors A rate of $12.00 per hour is to be used for direct project charging of all word processing equipment. Micro Computers A rate of $6.00 per hour is to be used for direct project charging of all microcomputer equipment. These rates apply only to equipment owned or leased by CDM. No employee owned microcomputers are to be charged to projects and are not subject to any reimbursement by CDM. CADD The key to billing CADD equipment is to simplify the charge structure so that it can be directly related to drafting hours and number of prints. Thus, a project manager can easily estimate the costs when budgeting a project. 7 EXHIBIT C Memo to Distribution September 26, 1985 Page 2 Re: Computer Rates Therefore, the GADD charge to a project will be based on the number of hours that a workstation is used and the number of drawings plotted on the system. These will be billed as Other. Direct Costs and use the general billing term of "Computer Charges". In addition to this 00C, Workstation Operator (Draft- ers/Designers/Engineers) time will be billed in the normal method. We have studied the "market rate" charged by Service Bureaus for the use of this equipment, exclusive of operators, and have analyzed our own costs. Based on this evaluation, we have arrived at the following billing rates: 1. Cost of CADO workstation $45.00 per hour 2. Cost for a "D" or "E" size drawing $ 6.00 per plot PGC/am Attachment -2- DECsystem VAX 2060 11/750 VAX 11/785 EXHIBIT C Camp Dresser & McKee Inc. Computer Resources Price Schedule October 1, 1985 $.06 1. Computer System Use per CPU second $.06 5.03 $6.00 $8.00 2. Terminal or Batch System Use $10.00 per hour connected 3. On-Line Storage per day based on storage retained overnight $.02/page* $.0015/block" $.0015/block The following prices apply to all computers 4. Line Printer Charges per page printed for standard forms 5. Cards Read 5.01 per card 5.05 6. Tape Usage per mount per hour for drive assignment 7. Remote Batch per input "card" (1 record) per output "page" (approx. 66 records) 8. Program Usage Special program usage charge where applicable $2.00 $15.00 5.00075 $.05 Prices on this schedule subject to change upon 30 days' notification. * DEC-20 storage "page" is 2560 ASCII characters ** VAX storage "block" is 512 bytes -3- County of OAKLAND between MICHIGAN DEPARTMENT OF NATURAL RESOURCES and This contract becomes effective upon signing by both parties and shall remain - in force until the duties and responsibilities described herein and in Act 641 and the rules promulgated thereunder are completed or until the contract is extinguished because of a violation of the contract by the contractor or in accordance with clauses 1(c) and 2. Hereafter, shall be known as Contractor, and the Michigan Department of Natural Resources shall be known as the State. Whereas the Contractor has been found by the Michigan Department of Natural Resources to be eligible to receive funding for Solid Waste Management Planning for County pursuant to the Solid Waste Management Act, Act 641, Public Acts of 1978, as amended, and the rules promulgated thereunder. The Contractor under the terms of this contract, Act 641, and the rules pro- mulgated thereunder, will cooperate and assist in the development and preparation of the Solid Waste Management Plan, as described in the work program, with the State. The Contractor hereby agrees and stipulates to undertake or participate in the duties and responsibilities described herein and in the rules promulgated under Act 641. The Contractor and the State agree to the following conditions: I. General A. The Contractor shall perform the services required of a grantee by Act 641 and the rules promulgated thereunder. B . The Contractor 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 Contractor. The Contractor shall accept responsibility for and make payments as required by law for workers' compensation insurance, social security, income tax deductions, unemployment compensation, and any other taxes or payroll deductions as required by law for its employees. The above shall be the responsibility of any firm or Individual employed under a sub-contract. -2- C. As compensation for services rendered in the conduct of this cooperative program, and in order for the contractor to effectively carry out the planning responsibilities designated under Act 641 and the rules promulgated thereunder, financial assistance is available to eligible counties under a grant program established under Act 641. Grants under this program will be awarded for County Solid Waste Management Planning as detailed in Part 8 of the rules. The total grant awarded to the Contractor, the grantee for OAKLAND County, for Fiscal Year . is $ 49,011 Payments will be made quarterly after the contract and its terms have been accepted by the Contractor, as described in Part 8 of the rules. Quarterly reimbursement will be substantiated by documents consistent with . generally accepted accounting practices. The reimbursement will be made on the submission and approval of the "Request for Payment" form establishing expend- itures for the quarter indicated. This contract is subject to change or termination in the event of legislative or executive action relating to this appropriation. D. The Contractor's representative for this contract is . The Contractor's representative may appoint other personnel to act in his/her behalf in the completion of service to be performed under this contract only with approval of the State. The State's representative for this contract is the Chief of the Community Assistance Division, Department of Natural Resources. 2. Termination A. This contract may be terminated by the State in the event that the Contractor fails to fulfill its obligations under this contract. This contract may be terminated by the State upon request of the Contractor. Within 30 days, the State shall notify the Contractor of the effective date of termination. B. Upon termination pursuant to paragraph A above, the State may take aver the work and prosecute the same to completion by agreement with another party or otherwise. The Contractor shall not be responsible for expenditures incurred by the State in completing the work following termination of the agreement as des- cribed herein. 3. Remedies Except as may be otherwise provided in this agreement, all claims, counterclaims, disputes and other matters in question between the State and the Contractor arising out of or relating to this agreement or the breach thereof will be decided by administrative hearing. If the matter is not resolved by administrative hearing, legal remedies may be pursued. I. Audit: Access to Records A. The Contractor shall maintain books, records, computer records, documents and other evidence directly pertinent to performance of work under this contract in accordance with generally accepted accountl principles and practices. The Contractor shall also maintain the financial information and data used by the Contractor 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 Contractor will provide proper facilities for such access and inspection. This clause shall be included in all subcontracts. B. The Contractor's representative indicated in this contract or his/her duly authorized representative shall have access to all State records pertinent to the program identified in the contract for the purposes of inspection and copying. Such access shall include access to facility files and records, manifest records and enforcement records. The Contractor shall not have access to materials deemed confidential under the Freedom of Information Act. The State shall provide proper facilities for such access and inspection. 5. Subcontracts Any subcontractors and outside associates or consultants required by the Contractor in connection with the services covered by this contract must be specifically authorized in writing by the State during the performance of this agreement. Any substitutions in or additions to such subcontractors, associates, or consultants will be subject to the prior written approval of the State. 6. EQUAL EMPLOYMENT OPPORTUNITY In accordance with State laws, the Contractor agrees that he will not dis- criminate against any employee or applicant for employment because of race, religion, color, sex, age, or national origin. 7. UTILIZATION OF SMALL AND MINORITY BUSINESS In accordance with State policy, the Contractor agrees that qualified small and/or minority business enterprises shall have the maximum practicable opportunity to participate in the performance of this contract. This clause must be included in all subcontracts. 8. COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona-fide employees. For breach or violation of this warranty the State shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 9. 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 Contractor, or any agent or representative of the Contractor, 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 Contractor, terminate the right of the Contractor to proceed under this contract and/or may pursue such other rights and remedies provided by law or under this agreement PROVIDED that the existence of the facts upon which the State maRes such findings shall be in issue and may be reviewed in proceedings pursuant to the Remedies clause of this contract. (E) In the event this contract is terminated as provided in paragraph (A), the State shall be entitled (1) to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the contract by the Contractor, and (2), 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 Contractor in providing any such gratuities to any such officer or employee. 10. PATENTS If this contract involves research, developmental, experimental, or demon- stration 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. 1/. COPYRIGHTS AND RIGHTS IN DATA The Contractor 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 pro- duced 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. 12 ASSIGNABILITY The Contractor shall not assign any interest in this agreement 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 Contractor from the State under this agreement 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. 13. OFFICIALS NCT TO BENEFIT No member of or delegate to Congress, or resident Commissioner 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. 14. LIABILITY The Contractor and the State of Michigan and its agents and employees shall be jointly and severally liable for all claims, damages, losses and expenses z -0- including court costs arising out of or resulting from the performance of the work, which includes all labor, material and equipment required to provide ser- vices required by this contract provided that any such claim, damage, loss or expense: (I) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 15. SUBCONTRACTOR'S LIABILITY INSURANCE (A) Any subcontractor shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the subcontractor's operations under the contract, whether such operations be by himself or by anyone directly or indirectly employed by any of these, or by anyone for whose acts any of them may be liable, (1) Claims under workers' compensation, disability benefit and other similar employee benefit act. A nonresident Contractor shall have insuranice for benefits payable under Michigan's Workers' Compensation Law for any employee resident of and hired in Michigan; and as respects any other state the Contractor shall have insurance or participate in a mandatory state fund to cover the benefits payable to any such employee. (2) Claims for damages because of bodily injury, occupational sickness or disease, or death of his employees. (3) Claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees, subject to limits of liability of not less than $300,000 each occurrence, and when applicable, $300,000 annual aggregate, for nonautamobile hazards and as required by law for automobile hazards. (4) Claims for damages because of injury to or destruction of tangible property including loss of use resulting therefrom, subject to a limit of liability of not less than $50,000 for each occurrence for nonautomobile hazards and as required by law for automobile hazards. (5) Insurance for subparagraphs (3) and (4) nonautomobile hazards on a combined single limit of liability basis shall not be less than $300,000 each occurrence and when applicable, $300,000 annual aggregate. (B) The insurance shall be written for not less than any limits of liability herein specified or required by law, whichever is greater, and shall include con- tractual liability insurance as applicable to the Contractor's obligations under Signature Signature Title Title Date Date the Save Harmless clause of the contract. STATE OF MICHIGAN Contractor (Optional) Signature Title Date Federal I.D. 4-10100-909-01-9900 Contingency $49,011 FISCAL NOTE - BY: FINANCE COMMITTEE, DR. C. WILLIAM CADDELL, CHAIRPERSON IN RE: SEWER, WATER & SOLID WASTE DIVISION - SOLID WASTE MANAGEMENT ACT 641 GRANT FOR SOLID WASTE MANAGEMENT PLANNING - FISCAL YEAR 1985-86 & CONSULTING ENGINEERING CONTRACT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: The Finance Committee has reviewed Miscellaneous Resolution # and finds: 1) Oakland County's Solid Waste Management Plan was approved by the Michigan Department of Natural Resources on July 28, 1983, 2) Act 641 provides for 80-% State matching payments for plan preparation and implementation to the extent State funding is available, 3) The proposed cost for consulting engineering activities for the augmen- tation of Solid Waste Generation Rates is $61,264 for the fiscal year 1985-1986, $49,011 or 80% State Grant match, and $12,253 or 20% County match as shown on the attached schedule, 4) Funds for consulting fees are included in the 1985 and 1986 budget, 5) The following 198.6 budget amendment is necessary to increase revenues in the amount of $49,011 to be reimbursed by the State Department of Natural Resources upon execution of a contract no later than December 2, 1985. 3-10100-142-02-2188 Sewer, Water & Solid Waste $49,011 Revenue FINANCE COMMITTEE Committee Vote: Motion carried unanimously on a roll call vote with Page, Pernick and Rewold absent. 7th this #85319 November 7, 1935 Moved by Hobart supported by Moffitt the resolution(with Fiscal Note attached) be adopted. AYES: Caddell, Caladdro, Doyon, Fortino, Gosling, Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McPherson, Moffitt, Moore, Nelson, Olsen, Perinoff, Pernick, Price, Rewold, Skarritt, Webb, Wilcox, Aaron, (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution (with Fiscal Note attached) was adopted. et 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 the attached Miscellaneous Resolution adopted by the Oakland County Board of Commissioners at their meeting held on November 7, 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 A. ALLEN Clerk/Register of Deeds