HomeMy WebLinkAboutResolutions - 1981.02.19 - 14493Mjseellaneous Resolution 81050 February 19, 15'01
thoag:i
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13y: Planning and Buildjng Committee
In Re.: SOLID WASTE '12 ,'.117.NT PLAN - SOILS AND
HYPROCEOLOGICAf, .111 .,STICATION OF MARLOWE
S.ANITARY LANDFILL, ROSE TOWNSLLH' CITY OF PONTIAC SANITARY LANDFILL
TO TR7 COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies, and Gentlemen:
WHEREAS, the Oakland County Board of Commissioners wit* I opt ion of
Miscellaneous Resoluion N-. 8905 on April 5, 1979 indicated tF, County's
intent to prepaL,. imol a county-wide solid waste management plan
in accnce with be req:!:,i/ents of Act 641 of the Public Acts of 1978; and
,.:!1 1•U:S., the County E_.,native was selected as the designate:i by
'0.T I'd of Commissioners to prepare the County solid waste managc7,ent plan;
it has become I pnarent in the preparation of the plan that even
e ..onversion h Uities will be emphasized there
landfill :.acilities; and
fro
the 1
and
, the number of sanitary landfills in Oakland County have decreased.
in 1973 to four today; and
1:T.LA.S, of these four, Leo ae only available to the City of Pontiac and
communities in the :,i'lleastern Oakland County Incinerator Authority;
'ral public,
t he Mar I Owe
WHEREAS, are two sinitry landfills available to tke
the City of Tray sanitary 1,indtill "T-:.59 and Dequindre Roads
sanitary landfill on Rose Cool or RyHI La Rose Township; and.
WHEREAS, the City of Troy sanitary landfill has an estimated --rw.,1ning life
of one to two years; and
WHEREAS, the owners/operators of the Marlowe sanitary landfill have for
various reasons, indicated a desire to close their sanitary landfill; and
it won a in t.Ffl best interests of the citi o:OakLand County'
to cont-;nne the .--,-.cratior: cf the Marlowe sanitary Ln...1 filt., hav. rear-term as
wen iong-term 'H -nfl':iL , to County solid war--;! :Ian now under
Lion; and
14,-.-,,3c71 ,. with
so: manage-
WHEREAS, similarly there have been inform
City of Pontiac C-Hmissioners and staff con.,:c
e Pontiac san it :r landf.i 1 for inclusion in.
:1 plan; and
soils n ,,1 hydroglical tfl bo
at 1,-0 fl),-, Marlowe all City of Pontiac sanitary -1,111,I; i11 o dererm .ipy
site could be developed and operated. in a cosL.
uYi:oniaently sao
'OW, THEREFORE, IT RESOLVED bet the Oakland County Board of Commissioners
,u-:-Hes the Couh::. L.cPutive to -Plore the pur.Isc or acquisition of the
Marlowe and City of 1.,ntiar sanitary landfills for il:clusion solid
waste management plan.
)f. the
...curing -
$4'3,600.
ed and
pC r -
iwrson of the Oakland County L-a',7d 11 IT FURTHER RESOLVED that the
of Com;Loners i, hereby ai;thorized a ci direo ,...d to execute an
for !x(,:essional services by no ',etween, the
d and Camp, U ;h1jTRee providing or the necessary ,
ring, soils
h -!lity of the Maclea rid City of Pontiac sanitary landfill si
IT FURTHER RESOLVED that the maximum fee for the initiA.
io.v..stlnion which will provide the basis for a decision on
envich,snJI suitability perspective of the sites shall not
'31E IT EFRTHFR REJCLVED that the Cc:huty ExecutiA is hereby
to act as reprctive with r._.,pc -L to the
1 hmicx this with Cam..,-.1, esser and
togicai investiaions to determil-
for;'
Mr. Chairperson, on behalf of the Planning and Building Committee,
I move the adoption of the foregoing resolution.
STANDARD FORM OF AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL STUDY AND REPORT SERVICES
THIS IS AN AGREEMENT made as of the day of
in the year Nineteen Hundir761751 -- by and
between the County of Oakland, Michigan (hereinafter called OWNER) and
Camp Dresser & McKee, Detroit, Michigan, a Michigan Partnership (here-
inafter 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 preliminary investigations at
the Marlow and Pontiac landfill sites to determine whether or not the
OWNER should proceed toward potential site acquisition (Phase I); zr,t if
they should proceed, to determine what actions are necessary to (1)
confirm the suitability of the site(s) and (2) identify what actions
will be required to acquire and operate the site(s) (Phase II).
The scope of services (Exhibit 8) includes only Phase I work.
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.
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 ENG1NEER's findings and recom-
mendations, furnish 10 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 fo-
additional professional fee as the parties may subsequently agie
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, rr'
obtain additional reports and data as required; and ENGINEER so ,
be entitled to rely upon all such information and services in
performing services hereunder.
2.3 Arrange for access to and makeall provisions for ENGINEER to e
upon public and private property as required for ENY:ER to
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 O,
Method of Payment and Related Services."
SECTION 3. PERIOD OF SERVICE
ENGINEER shall start performing services hereunder upon executton of
this Agreement and will complete such services and submit the draft
report by 30 days after notice to proceed. Additional 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 Ser-
vices, Duties of Owner, Method of Payment and Related Services."
SECTION 4. PAYMENT
4.1 OWER shall pay ENGINEER for services rendered hereunder as indi-
cated in Paragraph 4 of Exhibit A "Further Description of Basic
Services, Duties of Owner, Method of Payment and Related Services."
4.2 ENGINEER shall submit monthly statements. The OWNER shall make
monthly payments in response to ENGINEER's monthly statement within
thirty (30) days of receipt of invoice.
4.3 ENGINEER's above charges are on the basis of prompt payment of
bills rendered and continuous progress of the work on the Assign-
ment until submission of the report.
-2-
4,4 If OWNER fails to ma%e any payment due ENGINEER for services 'IA
expenses within sixty (50) days after receipt of ENGINEER's tll
therefor, the amount due ENGINEER shall include a charge at
rate of 1.0 percent per month from said sixtieth (60th) day, an 1
addition ENGINEER may, after giving seven days' written notice to
OWNER, suspend services under this Agreement until ENGINEER has
been paid in full all amounts due for services and expenses.
SECTION 5. COST CONTROL
5.1 OWNER's budgetary requirements and considerations in respect of
Assignment are set forth in Paragraph 5 of Exhibit A "Furt',
Description of Basic Services, Duties of Owner, Method of Paylir -t
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 costs
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 dete .,--
mining their prices, and that any utilitarian evaluation of an/
facility to be constructed or work to be performed on the basis
the 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, eval-
uations 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 adaptation by ENGINEER for the
specific 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 (1')
days' written notice to ENGINEER and (b) by ENGINEER for cause
ten (10) days' written notice to OWNER. In the event of any ter'-
'nation, ENGINEER will be paid for all services rendered to the
date of termination, all reimbursable expenses and termination
expenses.
OWNER ENM1EER
cL
6.3 OWNER and ENGINEER and the respective partners, successors, exec-
utors, 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
representatives of such other party in respect of all covenants,
agreements and obligations of this Agreement.
6.4 Nothing herein shall be construed to give any rights or benefits
hereunder to anyone other than OWNER and ENGINEER.
6.5 This Agreement is to be governed by the law of the principal place
of business of the ENGINEER.
6.6 This Agreement (consisting of 4 pages) and Exhibits identified
above (consisting of 4 pages), constitute the entire Agreement
between OWNER and ENGINEER and supersede all prior written or oral
understandings between them in respect of the subject matter
covered hereby. This Agreement and said Exhibits A and B 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.
EXHIBIT A TO AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL STUDY AND REPORT SERVICES
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
, 19 between the County of Oakland, Michigan (OWNER)
and Camp Dresser & McKee, Detroit, Michigan, a Michigan Partnership
(ENGINEER) for study and report professional services.
1. The Basic Services of ENGINEER as described in Section I of said
Agreement are amended and supplemented as follows:
The detailed scope of basic and special services is indicated in
Exhibit B.
2. The responsibility of OWNER as described in Section 2 of said Agree-
ment is amended and supplemented as follows:
Examine all studies, reports, sketches, drawings, specifications,
proposals, and other documents presented by ENGINEER.
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.
3. The time periods for the performance of ENGINEER'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 I, the OWNER agrees to pay
the ENGINEER as follows:
For work done by the ENGINEER, at the actual out-of-pocket cost
of such services plus 125% of the salary cost for overhead and
profit. Salary cost is defined as the cost of salaries (in-
cluding sick leave, vacation, and holiday pay applicable there-
to) for time directly chargeable to the project; plus unemploy-
ment, excise, and payroll taxes; and contributions for social
Al of 2
security, employment compensation insurance, 'flrement
fits, and medical and other group insurance benefits.
Actual out-of-pocket cost of services is defined as salary cost
of employees plus those cq!r ,;c.' costs other than salary sts
that are incurred during the progress of the work. The Hl
out-of-pocket expense costs include: airfare, automobile
rental if required, mileage charges, parking, tolls, taxi,
meals, lodging, telephone, printing and reproduction costs, and
other miscellaneous costs incurred specifically for this pro-
ject.
For work done by others, at theactual cost to the ENGIFER of
such services plus 15% fee.
The charges for in-house computer usage will be as specified in
the current "Computer Services Price Schedule."
The total cost of all Services under Section 1 shall not exceed
$49,600.
5. OWNER has approved the following budget for the project:
• CDM Labor $16,800
o Other Direct Costs 4,000
• Outside Consultants 28,800
TOTAL $49,600
A2 of 2
MARLOWE A
EXHIBIT B
SCOPE OF WORK FOR
PONTIAC SANITARY LANDFILL SITE INVESTIGATION
Sanitary landfill sites investigation at the Marlowe and Collier Road
sites in Oakland County, Michigan.
CDM will conduct an investigation at two sanitary landfill sites in
Oakland County known as the Marlowe l.lfill in Rose Township, an
Collier Road landfill in the city of Pontiac. These investigations will
include a review of all pertinent data currently available, the conduct
of the preliminary hydrogeologic study to determine the subsurface
characteristics of the two sites, development of preliminary site p1 's,
and a preliminary capital and operating cost summary, contact with 'Le
MONR regarding requirements for permitting and operating as a saniti,y
landfill, and consideration of institutional and financial issues "in-
trolling implementation and operation of these sites as sanitary
landfills.
Task 1--Review
•
CDM will review all pertinent available records regarding the hydro-
geological features of these landfill sites, prior engineering plans,
records of operation, regulatory files, and waste volume data.
Task 2--Hydrogeologic Investigation
COM will supervise the conduct of a detailed hydrogeologic investigation
at each site to augment existing data found available under Task I. At
each site, up to five additional test borings of approximately 50 foot
in depth will be installed. Records of the existing monitoring wells at
each site will be examined to assess the extent of the groundwater
contamination. If necessary, up to four additional monitoring wells
will be installed in locations to be determined by COM in consultetiee
with MDNR. An attempt will be made to coordinate boring and monitor: ,g
well location to prevent a duplication of effort and to provide for a
more efficient use of available funds. It will be the objective of Task
2 to determine classification and stratification of soils at the site,
the elevations of the water table and the approximate groundwater flow
at or below the site. An estimate will be made of the quantity of
appropriate soil materials that might be available onsite for construc-
tion of a site winder system. Based on these investigations and review
of available records, CDM will also assess the extent of current ground-
water and sewer contamination to determine environmental liability at
the site.
Task 3--Meet With County
With information from Tasks I and 2 compiled, COM will meet with Concl,
staff to assess the feasibility of acquiring either or both of the tee
BT of 2
sites investigated. The primary objective of this meeting will be to
determine a strategy for an approach to the meeting with MDNR to be
conducted in Task 4. -
Task 4--Meet With MDNR
CDM and County staff will meet with MDNR personnel to discuss the data
compiled under this scope of work and to discuss the feasibility and
liability of the continued oo,ration of either the Marlowe or the
Collier Road landfill site io Pontiac. The objective of this meetirvoi
will be to extract an opinion from MDNR as to whether or not either co
both sites discussed herein can be operated as a part of the County'.
proposed solid waste management system. The extent of the remedial
engineering construction will also be discussed, as it may apply to
follow-up work. The extent of additional soils investigations will be
discussed if necessary.
Task 5--Preliminary Letter Repor
CDM will deliver a written recommendation to the County on the
acquisition and continued operation of the Marlowe landfill in Rose
Township and/or the Collier Road landfill in the City of Pontiac.
Task 6—Preliminary Engineering
If the County decides to proceed with acquisition of either or both
sites, CDM will prepare preliminary engineering design drawings
according to MDNR standards for either or both sites as appropriate.
These plans will include required remedial action, monitoring well
installation, liner construction, consideration for leachate collection
and disposal, and an operating plan. The final topography plan will
also be prepared.
Task 7--Cost Estimates
Based on preliminary work done under the previous task, CDM will prepare
capital and cost estimates for either or both landfill sites as
appropriate.
Task 8--Letter Report
CDM will prepare a letter report to be submitted to the County in
support of the design documents and cost estimates provided in foregoing
tasks. The report will include detailed text, tables, and appendices as
required. The letter report will contain a description of the foregoing
work and a discussion of institutional and financial concerns of the
selected site or sites. These will be made for several different insti-
tutional scenarios which will differ according to proposed state and
federal regulatory policies and industry reponse to these constraints.
If necessary, as a part of the waste definition task, CDM is prepared to
perform chemical analysis on up to five samples of industrial wastes in
accordance with EPA procedures to determine the specific character and
category of these wastes.
B2 of 2
FISCAL NOTE
BY: FINANCE COMMITTEE, DENNIS MURPHY, CHAIRPERSON
IN RE: SOLID WASTE MANAGEMENT PLAN - SOILS AND HYDROGEOLOGICAL IN-
VESTIGATION OF MARLOWE SANITARY LANDFILL, ROSE TOWNSHIP AND
CITY OF PONTIAC SANITARY LANDFILL
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to XI-C of this Board, the Financf' Committee has reviewed
said resolution and finds the amount not to J.7%7 $49,600 necessary to
fund said project. Further, the Finance Committee finds the $49,600
available in the 1981 Department of Public Works-Sewer and Solid Waste
Division-Professional Services line-item.
FINANCE COMMITTEE
#8„1050 February 19, 19
Moved by Caddell supported by Whitlock the resolution be adopted.
Moved by Aaron supported by Perinoff the resolution be amended by adding:
"BE IT FURTHER RESOLVED that if the County of Oakland does purchase and operate
the Marlowe and/or Pontiac landfill operations, that the costs of this study
be assessed against the users and that said costs be recovered over a period of
two years from said users".
AYES: Perinoff, Pernick, Price, Aaron, DiGiovanni, Doyon, Fortino. (7)
NAYS: Page, Patterson, Peterson, Whitlock, Wilcox, Caddell, Cagney, Gosling,
Hobart, Jackson, Kasper, Lanni, Moffitt, Montante, Moore, Murphy, Olsen. (17)
A sufficient majority not having voted therefor, the amendment failed.
Moved by Aaron supported by Perinoff the resolution be amended by adding:
"BE IT FURTHER RESOLVED that if the-County of Oakland does purchase and operate -
the Marlowe and/or Pontiac landfill operations, that the costs of this study
be assessed against the users and that said costs be recovered."
Discussion followed.
Vote on amendment:
A sufficient majority not having voted therefor, the amendment failed.
Vote on resolution:
AYES: Patterson, Perinoff, Price, Whitlock, Wilcox, Caddell, Cagney, Fortino,
Gosling, Hobart, Jackson, Kasper, Lanni, Moffitt, Montante, Moore, Page. (17)
NAYS: Pernick, Aaron, DiGiovanni, Doyon, Olsen. (5)
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 #81050 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
19th February n 81
Clerk