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HomeMy WebLinkAboutResolutions - 1981.06.04 - 14796Miscellaneous Resolution # 81191 May 21, 1981 BY: PLANNING AND BUILDING COMMITTEE IN RE: SOLID WASTE MANAGEMENT PLAN - SANITARY LANDFILLS, SOILS AND HYDROGEOLOGICAL INVESTIGATION TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners with the adoption of Miscellaneous Resolution #8905 on April 5, 1979 indicated the County's intent to prepare and implement a Countywide Solid Waste Management Plan in accordance with requirements of Act 641 of the Public Acts of 1978; and WHEREAS the Phase IA data base report prepared by Camp, Dresser and McKee as consulting engineers recommended sites for sanitary landfills necessary to implement the proposed Act 641 Solid Waste Management Plan; and WHEREAS there exist only four (4) operating sanitary landfills in Oakland County with three (3) having limited life; and WHEREAS it becomes imperative that additional sanitary landfills be constructed in Oakland County; and WHEREAS additional investigations must be made of the sites, as outlined on the attached agreement, between the County of Oakland and Camp, Dresser and McKee. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the Chairperson of the Board of Commissioners to execute the attached agreement for professional studies and report services by and between the County of Oakland and Camp, Dresser and McKee providing for the necessary consulting engineering, soil and hydrogeological investigations to determine the suitability of certain sanitary landfill sites. BE IT FURTHER RESOLVED that the maximum fee for this investigation shall not exceed $146,832,00 BE IT FURTHER RESOLVED that the County Executive is hereby authorized and directed to act as the County's representative with respect to the work performed under this agreement with Camp, Dresser and McKee. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. HOLLY BRANDON ADDISON INDEPENDENa OAKLAND SPRINGFIELD FIC.CoeF5TFA HIGHLAND CITY OF PONTIAC COLLYER RC. L. F. WATE WHITE LAKE PONT LAC COMMERCE MILFORD WOLVOR4 ;LACE ST BLOOMFIELD LLEO.LA LYON - FR A MICI 5IN$4d / FASPI FARMINGTON SMITH LyoN NOVI SOUTHFIELD 0 I 45 IT!!!ng SCALE IN MILES LEGEND: EXISTING LANPFILLS [3 SP 32 SELECTED LANDFILL SITES SOUTHEAST OAKLAND COUNTY INCINERATOR AUTHORITY DISTRICT (S .O. C.1. A.) PROJ. No. 02239052 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 Hundred and by and between the County of - Oakland, Michigan (hereinafter called OWNER) and Camp Dresser & Mc .Kee, Detroit,, Michigan, a Michigan Partnership (hereinafter called ENGT!:7ER). 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 as many as seven potential landfill sites in Oakland County to determine whether or not the OWNER should proceed toward potential site acquisition; and if they should proceed to determine what actions are necessary to con- firm the suitability Of the site(s). The scope of services is outlined in Exhibit B. A two phase investigation is anticipated with the first phase investioating four sites identified in the County's Solid Waste Management Plan and the second phase investigating three . alternate sites should any of the first four sites be identified as unacceptable. 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 ONNER's representative in connection with any such services of others. 1.1.3 Prepare a letter report of ENGINEER's findings and recommen- dations, 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 Nner, Method of Payment and Related Services",. which is attached to and made a part of this Agreement. -1- 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. - SECTION 2. OWNER'S_ RESPONSIBILITIES - OWNER shall: 2.1 Provide all criteria and full information as to OWNER's requirements 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 per- forming 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 perform 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 30 days after written notice to proceed. Additional requirements-as -to the tfmino of ENGINEER's services in relation to the services of others or the happen- ing 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 indicated 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 Assignment until submission of the letter report. -2- 4.4 If OWNER fails to make any payment due ENGINEER for services and expenses within sixty (60) days after receipt of ENGINEER'S bill therefor, the amount due ENGINEER shall include a charge at the rate of 1.0 percent per month from said sixtieth (60th) day, and in 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 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- costs prepared by ENGINEER hereunder will be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's . best judgement 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_stuies submitted by ENGINEER to OWNER hereunder. n.n 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 (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 ter- mination, all reimbursable expenses and termination expenses. -3- OWNER ‘ nER( 6.3 OWNER and ENGINEER and the respective partners, successors, executors, 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 The OWNER reserves the right of final approval over the selection of the ENGINEER's subconsultant(s). 6.5 All documents prepared by ENGINEER pursuant to this Agreement are to be maintained in a contract file for the purpose of an audit for a period of six (6) months after completion of said agreement. 6.6 Nothing herein shall be construed to give any rights or benefits here- under to anyone other than OWNER and ENGINEER. 6.7 This Agreement is to be governed by the law of the principal place of business of the ENGINEER. 6.8 This Agreement (consisting of 4 pages) and Exhibits identified above (consisting of 4 pages), constitute the entire Agreement between the 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 asic Services of ENGINEER as described in Section 1 of said Agreerrent 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 Agreement 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 con- sents 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 1, 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 (including sick leave, vacation, and holiday pay applicable thereto) for time directly chargeable to the project; plus unemployment, excise, and payroll taxes; and contributions for social security, Al of 2 • CDM Labor o CDM Other Direct Costs $ 15,932 8,000 Subtotal $ 23,932 B. Site Specific Costs: $18,800 8,000 10,650 19,850 $24,800 14,000 16,650 25,850 employment compensation insurance, retirement benefits, and medical and other group insurance benefits, Actual out-of-pocket cost of services is defined as salary cost of employees plus 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. For work done by others, at the actual cost to the ENGINEER 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 $146,832. 5. OWNER has approved the following budget for the project: . A. General Administration: CDM Labor Outside Consultant Total Phase A - ' Lyon Section 2 $ 6,000 o Lyon Section 4 6,000 • Groveland Section 22 6,000 o Oxford Section 23 6,000 Phase B ' Three Alternative Sites $23,600 Subtotal Total Program Cost S 41;600 Sl22,900 S146,832 $18,000 A? of 2 EXRIDIT 3, SCOPE OF WORK' FOR .OAKLAND COUNTY LANDFILL SITE INVESTIGATIONS • . The work consists of five primary tasks and its' objective is toprovide a go/no go decision for the County's staff in determining the feasibility of proceeding with landfill acquisition and development on as many as seven separate potential landfill sites in Oakland County for the County- Wide Solid Waste Management Plan. The project is subdivided into two phases. Phase A covers four potential landfill sites identified in the County Solid Waste Management Plan. These four sites are: 1) Lyon Town- ship Section 2; 2) Lyon ,Township Section 4; 3) Groveland Township Section 22; and 4) Oxford Township Section 23. Work will not begin on any land- fill site until written authority to proceed is secured from the Director - of the Department of Public Works. Should any of the four sites investigated under Phase A be found to be unacceptable, additional sites may be identified and investigated under Phase B. The Phase B tasks will be identical to the Phase A tasks as described below. Should it .be necessary to proceed with the Phase. 3 tasks; individual budgets for identifed sites will be submitted. Work will not proceed until written authorization to proceed is secured from the Director of the Department of Public Works. No more than three (3) sites will be Investigated. Task 1 CDM will conduct a job opening meeting along with County staff and CDM's subconsultants in hydrogeology.- The discussion will consist of the Consultant's stated needs and the effort to be expended on each site idenfified by the County for investigation. Task 2 Based on the results of the general opening meeting, the Consultants will compile and review existing data on all sites to be investigated in this program. These data will include well borings, past hydrogeologic investi- gations, soil conservation .service maps, and any other soils and water quality data available in the area of the sites. Task 3 Having determined the degree of available data, CDM will determine a specific hydrogeologic program for the subconsultants to conduct at each site to be investigated. In'general, however, borings and test wells will be made and existing data will be analyzed, in an attempt to determine the soil types and stratifications at each site, the general direction of groundwater flow, and if available, groundwater quality in the area of the site. Task 4 Having determined each program on a site-by-site basis, CDM will supervise the conduction of a hydrogeologic program at all the sites to be investi- gated. As discussed above, this will include test borings and surficiel geology review and analysis, and will attempt to answer questions regarding soil types, depth of groundwater, general groundwater flow, soils stratifi- cation, and other parameters which will bear on the feasibility of landfill development at each of the subject sites. task 5 CDM will prepare a letter report covering the four phase A sites with all appropriate text, tables, maps an appendices which detail the work done under. the scope of work. The report will define the methodology, present the results of data compiled primarily under Task 4 and make ,recommendations on a site-by-site basis as to whether or not the County 'should proceed with site acquisition and development for each subject - site investigated .under this scope of work. In addition to the hydrogeologic work • done for each site under Task 4, the letter report will present an estimate of the development costs for each landfill site. The letter report will include an assessment of the clays or other lining materials that might be available on each site, or within an economic haul distance of each site so that a proper estimate of the,cost for lining and cover to conform with MDNR regulations can be made. The estimate of development costs for each site will be prepared from available historical data on existing sites with similar hydrogeo- logic characteristics. The development costs will be conservative, order-of-magnitude .figures. These costs will be updated after final .design. It is intended that this report will serve as a piece of preliminary en- gineering work on which the County may base future, more intensive engi- neering efforts for-each of the sites which it decides to consider for acquisition. B2 of 2 FISCAL NOTE BY: FINANCE COMMITTEE, DENNIS MURPHY, CHAIRPERSON IN RE: MISCELLANEOUS RESOLUTION //sm .' - SOLID WASTE MANAGEMENT PLAN - SANITARY LANDFILLS SOILS AND HYDROGEOLOGICAL INVESTIGATION TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed Miscellaneous Resolution #81191 and finds the amount not to exceed $146,832, necessary to fund said project, available in the 1981 Department of Public Works - Sewer, Water and Solid Waste Division - Solid Waste Unit Professional Services lineitem. FINANCE COMMITTEE #81191 June 4, 1981 Moved by Caddell supported by Montante the report be accepted and Resolution #81191 be adopted. AYES: Montante, Page, Patterson, Peterson, Price, Whitlock, Aaron, Cagney, Doyon, Fortino, Gabler, Geary, Gosling, Hobart, Jackson, Kasper. (16) NAYS: Moore, Murphy, Olsen, Wilcox, Caddell, DiGiovanni, Lanni, Moffitt. (8) A sufficient majority having voted therefor, the report was accepted and Resolution #81191 was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, 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 #31191 adopted by the Oakland County Board of Commissioners at their meeting held on June 4, 1981 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 4th day of 7 ) June 19 81 . ALLEN CounAy -Flerk/Register of Deeds this