HomeMy WebLinkAboutResolutions - 1981.02.19 - 1448081048 MI S C.
1$Y PLA17,:.77'.•: AND BUILDING
IN RE: CLINTON-OAKLAND SEWAGE DISPOF:AL SYSTEM -
PAINT CREEK INTERCEPTOR - OAF. LAND
TOWNSHIP EXTENSION NO. 2
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
MR. CHAIRMAN, LADIES AND GENTLEMEN:
WHEREAS, the Township of Oakland, by resolution adopted
by its Township Board on January 13, 1981, submitted herewith, has
indicated that it is in need of certain extensions to the CLINTON-
OAKLAND SEWAGE DISPOSAL SYSTEM as shown on Exhibit "A", to the form
of Contract attached hereto, and has proposed that such extensions
be acquired and constructed by the county and financed by payments
in cash by the Township as set forth in the form of Contract, to
be dated as of October 1, 1980, and approved in said resolution,
which resolution and Contract read as follows:
REGULAR meeting of the TownsT5ip Boar.:7 -
Oakland in the Cc of Oakland State
Michigan held in the Oakland Township Hall in said Township on the
13th_ day ofMARY p-0 '4-, at o'clock P.m., East ,:-_
Daylight Time
PRESENT: ar.1 n Ph l*s Clerk Maril n Malinowski, Treasurer; Kent Kelly,
Trustee; Thomas Barkham, Trustee
ABSENT: . Alfred Taylor, Supervisor
-The following -resolution was offered by _Kent Kelly,,Trustee
and seconded by Marilyn Malinowski, Treisurer
WHEREAS, certain additional areas of the Township of
Oakland havp a need for sanitary sewage disposal facilities, said
areas and facilities being substantially as shown on Exhibit "A"
attached hereto and by this reference made a part hereof; and
WHEREAS, it appears both practical and desirable for the
County of Oakland to provide sanitary sewage disposal facilities
for said areas by extension of the Clinton-Oakland Sewage Disposal
System, heretofore established by said County, and to acquire such
extension through its County Agency, the Oakland County Drain
Commissioner, acting under Act 342 of the Public Acts of Michigan
- of 1939, as amended; and
• WHEREAS, the County and the Township have heretofore
contracted for extension of the Clinton-Oakland Sewage Disposal
System as set forth in Clinton-Oakland Sewage Disposal System
Paint Creek Interceptor Contract, dated as of January 15, 1969,
and in Clinton-Oakland Sewage Disposal System, Paint Creek
Interceptor, Oakland Township Extensions Contract, dated as of
October 1, 1970; and
CT77.77A57, there is now p ,Tesented for the
into alitional areas in t' ship a Clintori-Oa
Sewage Disposal Systam, Paint Creek Interceptor,
Extension No. 2 Contract, to be dated as of October 1, 1980.
NOW, THEREFORE BE IT RESOLVED, that the said Count (,f
Oakland, acting thru its County Agency, is hereby requested to
acquire sewage disposal facilities to serve the Township of
Oakland as shown on Exhibit "A" and to finance all of the cost of
said facilities shown On Exhibit "A" by payments to be made to the
County by the Township in three installments, in cash, as provided
in the contract with this Township submitted herewith.
BE IT FURTHER RESOLVED, that the Clinton-Oakland Sewage
Disposal System - Paint Creek Interceptor, Oakland Township
Extension No. 2 Contract, as submitted, between the County Of
Oakland, party of the first part, and the Township of Oakland,
party of the second part, which contract (1) provides for the en-
larging and extending of the Clinton-Oakland Sewage Disposal
System and the Paint Creek Interceptor by the county by
construction of the Oakland Township Extension No. 2, (2)
describes the location and cost of such Extension No. 2, (3)
provides that the entire cost thereof will be paid by the Township
of Oakland, and (4) provides for other matters pertinent thereto,
be, and the same hereby is approved and that the Supervisor and the
Township Clerk be and they hereby are authorized and directed to
execute and deliver the said contract on behalf of the Township
of Oakland.
BE IT FURTHER RESOLVED, that the Township of Oakland
hereby consents to the use by the county of the public streets,
alleys, lands and rights-of-way in this Township for the purpose
of constructing, operating and maintaining the Oakland Township
Extension No. 2.
that a copy of the Cl.;, BE IT FURT77
Sewage Disposal System - Paint C T, Intr
ski ADOPTED: Yeas p Barkha
L'.:s-hip Extension No. 2 Contract ta attached to minutes of
this meeting.
Nays NONE 0 - 1 member absent
0:1
'V the original of which is on held on the 13th , day of
file in my office.
STATE OF MICHIGAN )
COUNTY OF OAKLAND )
I, the undersigned, the duly qualified and acting
Township Clerk of the Township of Oakland, do hereby certify that
the foregoing is a true and complete copy of proceedings taken at a
special meeting of the Township Board of the Township of Oakland
SS
IN WITNESS WHEREOF, I have hereunto affixed my official
1981
signature this lath_ day of JANUARY , A.D. 19.8-0-.
.00
TowItship Clerk
Carolyn L. Phelps
CREEK INTERCEPTOR, 3IL - 2 C:c2:1-:-
CLINTON-OAKLAND SEwM-= DISPOSAL SYSTEM
THIS CONTRACT, as of the 1st r)f. October,
by and between the COU.:TY OF OAKLAND, a
corporation (hereinafter called the "county"), by and throm
County Drain Commissioner as the County Agency (hereinafter
referred to as the "County Agency"), party of the first part, and
the TOWNSHIP OF OAKLAND, a township corporation in the County of
-:land (hereinafter called the "municipality"), party -of the
second part:
WITNESSETH:
WHEREAS, the Oakland County Board of Supervisors by
Resolution Misc. No. 4332, adopted on June 22, 1964, did approve
/- of establishment of the Clinton-Oakland Sewage Disposal System to
serve the Clinton-Oakland Sewage Disposal District, within which
dis`-ict lies all of the municipality; and
WHEREAS, Act No. 185 of the Michigan Public Acts of
1957f as amended, grants to the board of public works in any county
having a department of public works, the power to acquire sewage
disposal systems as defined in said Act and to improve, enlarge
and extend any system acquired pursuant to law; and
WHEREAS, the County of Oakland, through its Board of
Public Works, has acquired and constructed the said Clinton-
Oakland Sewage Disposal System pursuant to the Amended Clinton-
Oakland Sewage Disposal System Contract, dated January 11, 1968
between the County of Oakland and the Charter Township of
Waterford, the Township of Avon, the Township of West Bloomfield,
the Township of Independence, the Township of Orion, and the
Township of Pontiac, (said contract hereinafter referred to as the
"Base Contract"); and
WHEREAS. municipality is a party to the Cl'n
C.and Disposal Sy;7.tem Paint Creek Interceptor C
dated as of January 15, 1969, between the County of Oakland and .he
Township of Oxford, the Township of Orion, the Tf - of 7
the Township of Oakland, the Village of Oxford, and the Village of
Lake Orion, (said contract hereinafter referred to as the
"Interceptor Contract") pursuant to which contract the county has
acquired the Paint Creek Interceptor to serve the municipality and
others which have acquired capacity in the Clinton-Oakland Sewage
Disposal System; and
9.
WHEREAS, by the terms of Act No. 185 the county and
the municipality are authorized to enter into a contract for the
acquisition, improvement, enlargement or extension of a sewag e‘
disposal system and for the payment of the cost thereof by the
municipality and the county and the municipality have heretofore
contracted to acquire Oakland Township Extensions pursuant to
Clinton-Oakland Sewage Disposal System, Paint Creek Interceptor,
Oakland Township Extensions Contract, dated as of August 1, 1970;
and
WHEREAS, it is now necessary for the public health and
welfare of the present and future residents of the municipality
again to extend, improve and enlarge the said Clinton-Oakland
Sewage Disposal System and the Paint Creek Interceptor in the
municipality by the acquisition and construction of the so-called
Oakland Township Extension No. 2, and to finance said Oakland
Township Extension No. 2 by payments from the municipality to the
county of amounts to become due from the municipality under this
contract between the county and the municipality; and
-2-
Oaklanr::Tc Extension No 2,
by
WHEREAS, no other municipalty in the c7linton--
District will be aftected by th7-2
NOW, THEREFORE, in consideration of the and the
covenants of each other, the parties hereto - agree as follows:
1. The county and the municipality hereby -p
the extension, improvement and enlargement of the Clinton-Oakl
Sewage Disposal System and the Paint Creek Interc
acquisition and construction of sewage disposal facilities to
serve the municipality, by the County Agency under and pursuant to
the proVisions of Act No 342 of the Michigan Public Acts of 1939,
as amended. The sewage disposal facilities to be acquired and
constructed are hereby designated the "Clinton-Oakland Se -5,ad-
Disposal System, Paint Creek Interceptor, Oakland Tow ,
Extension No. 2".
2. The facilities constituting the entire Oakland
Township Extension No. 2 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 Clinton-Oakland
Sewage Disposal System, Paint Creek Interceptor, Oakland Township
Extension No. 2 is hereafter sometimes referred to as the
"project".
3. The county and the municipality hereby approve and
adopt the estimate of the total cost of the project in the amount
set forth on Exhibit "8" 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
-3-
F..ihjec,t to the receipt from the municipality of the
as provided in f, to-witA.
(a) Order final plans and specifjeations for
the project from a consulting engineer.
(b) Take all necessary procedures to obtain the
the approvals necessary to the _construction
of the project and obtain - construction bids
for the project and enter into construction
contracts with the lowest responsible bidders.
(c) After the execution of construction contracts,
the County Agency'shall cause the project to
be constructed within a reasonable time and
do all other things required of it under the
provisions of Act No. 342 of the Public Acts
of Michigan, 1939, as amended.
5. It is understood and agreed by the parties hereto
that the project is to serve the municipality and not the
individual property owners and users thereof, unless by special
arrangement between the County Agency and the municipality. The
responsibility of requiring connection to and use of the
ilities 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 necessary additional facilities. The
county shall not be obligated to acquire or construct any
facilities other than those designated in paragraph 2 hereof. The
project is an improvement, enlargement and extension of the Clinton-
Oakland Sewage Disposal System and the Paint Creek Interceptor and
the Base Contract and the Interceptor Contract shall apply thereto
except as the same may be specifically modified herein for
-4-
contracts.
spf-nific application to the in particular the -
• sionF; of para:
Contract and pan::: 10 and 11 of the L -....7:eptor
shall apply hereto as t1 -3oull set. forth in full herein l
ID, 11 eed 16 'hlrou7h 24 of the
The county hereby agrees that it will ecure, 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 and shall contain
a provision _requiring that the municipality be notified at least
ten days prior to cancellation 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 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 $53,700 paid upon execution of
this contract, being the estimated cost of
obtaining plans, specifications, detailed
estimates of cost and easements.
(2) The sum of $19,300 to be paid when completed
bid plans and specifications are received and
accepted by the County Agency.
(3) The balance of the cost of the project
(estimated now to be $259,000-) when construction
bids received and prior to award of constru.-1-tion
on Exhibit "C" is the sC
ruadc:- by the municipality, vh
detailed estimates are made
received-
P:.,yments
*71e will b:
b 7_,1
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 hereby
covenants and agrees, not less than ten (10) days after receipt of
such notice, to remit to the county sufficient funds to pay the
amount then due. The obligations 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 executed 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 construction 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 or, 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
-6-
sh311, if necessary, submit to the municipality a request for
nt of the additional nmount 71-2 with an -- -anat' jn
writing of the reasons and need t'G:--for and (-4 the -- -t
necessary to provide funds to complete the project in which nt
the duties and obligations 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
aggregate amount of the actual and final project cost.
9. The municipality, pursuant to the authorization 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 establishment 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 sewage disposal facilities of the
project. After completion, the project shall be used for the
collection of sanitary sewage within the municipality and the
transportation of said sanitary sewage through_ the Paint Creek
Interceptor to the Clinton-Oakland System for ultimate disposal.
Upon completion of the project the county hereby leases the
facilities constituting the project to the municipality during the
term of this contract, upon the following terms and conditions:
--7-
(a) The facilities shall be ,,,sed and fl:,--ated by .
the municipality- in comne with all con-
tractual and legal obligations applicable to
the municipality. The municipality shall
employ qualified and competent personnel to
operate the facilities hereby leased.
(b) The municipality, at its own expense, shall
maintain said facilities in good condition ,
and repair, to the satisfaction of the County
Agency. The County Agency shall have the right -
to inspect the said facilities at any time and
if said facilities or any part thereof are not
in a state of good condition and repair, then .
the County Agency shall notify the municipality
in writing- as to any deficiency. If the muni-
cipality shall fail to restore the facilities
to a good condition and repair within a reason-
able time thereafter, then the County Agency •
shall have the right to perform the necessary
work and furnish the necesary materials, and
reimbursement for any expense incurred by the
county shall be made by the municipality to the
county within thirty (30) days after the expense.
has been incurred.
(c) The municipality shall adopt and continue in
existence and shall enforce an ordinance or
ordinances concerning the connections of premises
in the municipality to the facilities and con-
cerning the use of and the payment of charges
for the use of the facilities.
(d) The municipality shall make and collect from
the individual users of the facilities such
charges for sewage disposal service as shall'
-8-
sufficient to pay the cost of the ,7)peration
and maintenance of the facilities, t ose of
sewage disposal. charges required to be paid by
the municipality, and to establish suitable
reserves for operation and maintenance- Such
charges may also include an amount determined
by the municipality to be used to meet the
obligations of the municipality to the county
under this contract, the Base Contract and the
Interceptor Contract. The municipality shall
enforce prompt_ payment of all such charges as
• the same shall become due.
(e) The municipality shall secure and maintain
adequate property damage and public liability
insurance covering all facilities hereby leased
to it by the county. All policies of insurance
shall provide that the municipality and the
county shall be insured parties thereunder and
shall contain a provision requiring that the
County Agency be notified at least ten days
prior to cancellation thereof. One copy of
each policy of insurance shall be filed with
the County Agency.
The municipality agrees to lease the project from the
county upon the foregoing terms and conditions and for the period
of this contract and agrees to pay the sum of $1.00 per year on
January 1st of each year commencing January 1, 1982, and in
addition to perform its covenants and agreements set forth in this
contract as a rental for said project.
12. This contract shall become effective upon approval
by the legislative body of the municipality, by the County Agency,
and by the Board of Commissioners of Oakland County, and duly
-9-
- ccuted by the authoriz-- -ff' -
Agency. It shall term 4 naA-, fif (50) a -,?ars from the da--
of this contract and upon termination all title, possession and
r)wnership of the facilities and of any rnued or su-p:!, funds
shall automatically revert to the municipality and the lease shall
be cancelled. This contract may be executed in several counter-
parts.
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 respective 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
TOWNSHIP OF. OAKLAND
By
Supervisor
By
Township Clerk
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GUNN R 0 A rl
LEGEND
PROPOSED SANITARY SEWER
CLINTON OAKLAND S.D.S.
PAINT CREEK INTERCEPTOR,
OAKLAND TOWNSHIP EXT. NO. 2
EXHIBIT 1 A'
July 1980
5,000.00
10,400.00
= 30,000.00
= 13,000.00
2,175.00
325.00
= 32,845.00
= $ 332,000.00
-••••% . - • DYDTEm
PAT
OAKLAND • S T IP E ".• 1.• '10 2
ESTIMATE OF COST
Contracted Services - Construction
Open Cut Sewer
Tunnel Bore (Hill)
Tunnel Shaft M.H.
Misc. Tunnel Bores
6" Service Leads
Standard Manhole
Drop Manhole
4,685 L.F. @ $ 24O0 = $ 112,440.00
220 L.F. @ 180.00 = 39,600.00
1 Ea. @ 22,000.00 = 22,000.00
100 L.F. @ 125.00 = 12,500.00
450 L.F. @ 12.00 = 5,400.fl
22 Ea. @ 1,000.00 = 22,000,"
2 Ea. @ 1,800-00 = 3,600.1
Total Construction Cost $ 217,540.00
Contracted Services - Project Development
Engineering = $ 32,000.00
Consulting Engineer 28,000.00
- Soil Borings 4,000.00
Legal Services
County Services - Project Management
Engineering
Eight of Way
Construction Inspection
Administration
Soil Erosion Permit (Act 347)
Contingency
TOTAL ESTIMATED PROJECT COST
I hereby estimate the period of usefulness of this facility
to be forty (40) years and upwards.
H. J./Lueders, P.
Regiitered Professional Engineer
EXHIBIT "B"
CLINTON -0.1a1M :',flWAGE DISP
OAKU„:
E SYSTEM
NO. 2
SCHEDULE OF INSTALLMENT PAYMENTS
1. Execution of contract 1 $53,700,00
County of Oakland and Town7.1ip
of Oakland
2. Completed bid plans and specifications $19,300.00
received and accepted by the County
Agency.
3. Construction bids received and prior to $259,000.00
award of construction contract
TOTAL $332,000.00
EXHIBIT "C"
vH.L"Tr, it will be advantageous to the T Hiip of
Oakland and the County of Oakland if the said Contr. is apeeJed
and execution is authorized by this :eal0 of COMMi77-±-,Aers eee ehe
Oakland Township Extension No. 2 facilities are acquired in ace°
dance with the request of the Township and the said Contract; and
WHEREAS, the Oakland County Drain Commissioner has
recommended adoption of this resolution.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMIS-
SIONERS OF OAKLAND COUNTY, MICHIGAN, as follows:
1. That this Board of CommissiPnee.s does hereby approve
and authorize execution by the Oakland County Drain Commissioner
of the Clinton-Oakland Sewage Disposal System, Paint Creek Inter-
ceptor, Oakland Township Extension No. 2 Contract, dated as of
October 1, 1980, in the form attached hereto and hereby authorizes
and directs the said Drain Commissioner to carry out the terms
and provisions of said Contract on behalf of the County of Oakland
when the same is executed and delivered by all parties thereto.
2. That the funds to be paid by the Township shall be
used by the County of Oakland through its Oakland County Drain
Commissioner as its County Agency for payment of the cost of the
project in accordance with the provisions of and for the purposes
described in said Contract dated as of October 1, 1980.
3. That the County Agency is hereby authorized to pro-
cure detailed plans and specifications, obtain soil borings, take
construction bids and enter into contracts, and take any other
actions necessary and incidental to acquisition and construction
the system in accordance with said Contract.
MR. CHAIRMAN, on behalf of the Planning and Building
e I move the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
• #81o48 February 19, 1981
Moved by Caddell supported by Fortino the resolution be adopted.
AYES: Moore, Murphy, Olsen, Patterson, Perinoff, Pernick, Peterson, Price,
Whitlock, Wilcox, Aaron, Caddell, Cagney, DiGiovanni, Doyen, Fortino, Gosling,
Hobart, Jackson, Kasper, Lanni, McDonald, Moffitt, Montante. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
T, 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 /781048 adopted by the Oakland County Board of
Commissioners at their meeting held on February 19, 1981
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
Lynn D. Allen......................Clerk
BY 40.a."0...nfee0VOywooyege.losv...DeptIty Clerk
