HomeMy WebLinkAboutResolutions - 1975.11.06 - 148097331 RESOLUTION NO. November 6, 1975
BY: PLANNING & BUILDING, Patrick Nowak, Chairman
IN RE: ROBERT J. EVANS RELIEF DRAINS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
MR. CHAIRMAN, LADIES AND GENTLEMEN:
WHEREAS, proceedings have been taken by the Statutory
Drainage Board for the construction of the Robert J. Evans Relief
Drains under the provisions of Chapter 20 of Act No. 40 of the
Public Acts of 1956, as amended, pursuant 'to a petition filed
with the Oakland County Drain Commissioner on July 3, 1969; and
WHEREAS, the said Drainage Board by resolution adopted
on October 21, 1975, authorized and provided for the issuance of
bonds in the aggregate principal amount of $855,000 in anticipa-
tion of the collection of an equal amount of special assessments
against the Township of Avon and the County of Oakland, said
special assessments having been duly confirmed by said Drainage
Board; and
WHEREAS, said bonds are to be designated Drain Bonds,
are to be dated February 1, 1976, will bear interest at a rate
not exceeding 10% and will not be subject to redemption prior
to maturity; and
WHEREAS, said Drainage Board deems it advisable and
necessary to obtain from this Board a resolution consenting to
the pledge of the full faith and credit of the county on the
aforesaid bonds; and
WHEREAS, the said drainage project is immediately
necessary to protect and preserve the public health and therefore
it is in the best interest of the County of Oakland that said
bonds be
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NOW, THEREFORE, BE IT RESOLVED BY THE OAKLAND COUNTY
BOARD OF COMMISSIONERS:
1. That pursuant to the authorization provided in
Section 474 of Chapter 20 of the Drain Code of 1956, as amended,
the Oakland County Board of Commissioners does hereby irrevocably
pledge the full faith and credit of the County of Oakland for the
prompt payment of the principal of and interest on the said
Drain Bonds, and does agree that in the event the Township of
Avon or the County of Oakland shall fail or neglect to account
to the County Treasurer of the County of Oakland for the amount
of any special assessment installment and interest for the Robert
J. Evans Relief Drains, when due, then the amount thereof shall
be immediately advanced from County Funds, and the County Treasurer.
is directed to immediately make such advancement to the extent
necessary.
2. That in the event that, pursuant to said pledge of
full faith and credit, the County of Oakland advances out of
County Funds, all or any part of said installment and interest,
it shall be the duty of the County Treasurer, for and on behalf
of the County of Oakland, to take all actions and proceedings
and pursue all remedies permitted or authorized by law for the
reimbursement of such sums so paid.
3. That all resolutions and parts of resolutions inso-
far as the same may be in conflict with the provisions of this
resolution be and the same hereby are rescinded.
MR. CHAIRMAN, on behalf of the Planning and Building
Committee, I move the adoption of the foregoing resolution.
P1AUnINC ,0AND BUILDING COMMITTEE
signature this 6th day of November A.D. 1975.
Lynn D, Allen, County Clerk
ADOPTED: Yeas — Montante, Nowak, Olson,'Page,. Patterson, Perinoff, Pernick,
Price, Roth, Simmons, Wilcox, Wilson, Aaron, Button, Daly, Dearborn,
Douglas, Dunleavy, Fortino, Houghten, Kasper, McDonald, Moffitt. (23)
Nays — None. (0)
Absent — Coy, Gabler, Hoot, Lennon. (4)
STATE OF MICHIGAN )
) SS:
COUNTY OF OAKLAND )
I, the undersigned, the duly qualified and acting County
Clerk of the County of Oakland, do hereby certify that the fore-
going is a true and complete copy of a resolution adopted by a
two-thirds vote of the members elect at a regular meeting of the
Oakland County Board of Commissioners, held on the 6th day of
November
office.
, 1975, the original of which is on file in my
IN WITNESS WHEREOF, I have hereunto affixed my official
ROBERT J. EvANS RELIEF DRAINS
I. CONSTRUCTION
2. ENGINEER'S DESIGN FEE $34,184000
RESIDENT ENGINEER • 6,000.00
SOIL BORINGS _1,036,00
SOIL & MATERIAL TESTING • 2,043.00 43,268,00
3. INSPECTION 20,000.00
STAKING & LAYOUT ,1,500L(la 21,500,00
4. PUBLISHING
OAKLAND PRESS 200.00
MICHIGAN CONTRACTOR & BUILDER 100,00
- BOND .BUYER 600,00 900,00
5. BOND PRINTING 500.00
6. RIGHTS-OF-VAY
(INCL. COST OF NEGOTIATION) 133,793,00
7, BOND COUNSEL 6,900,00
3. FINANCIAL CONSULTANT 5,320,00
9. BOND PROSPECTUS 600,00
10. ACT 347 PERMIT 1,265,00
11, DRAINAGE BOARD MEETING COSTS 500,00
12. CAPITALIZED INTEREST (8% X 1 YR. X $830,000.00) 70,400,00
13, CONTINGENCIES (478%) 40,112.83
TOTAL ESTIMATED COST - $880.000,00
PREPARED BY
JAMES E. PEMBERTON,
DEPUTY & CHIEF ENGINEER
OCTOBER 18, 1975
$554,941.17
UPPER
TERMINUS
AUBURN
1111
„JEFFREY
LONER
TERMINUS OF
PANS RELIEF
DRAIN
a
SOUTH 8w0
EXIST. SPRAGUE BRANCH
& EXTENTION (OPEN DITCH)
Avon Township
County of Oakland
State of Michigan
90.72%
6.76%
2.52%
100.00%
APPORTIONmENT
ROBERT J. EVANS RELIEF DRAINS
AVON TOWNSHIP
OAKLAND COUNTY , MICHIGAN
TOTAL SCOPE Johnson & Anderson, Inc.
Consulting Engineers
Phone: (313) 334-9901 * PM. Box 1066 • 2300 Dixie Highway • Pontiac, Michigan 48056
October 16, 1975
Oakland County Drain Commissioner
One Public Works Drive
Pontiac, Michigan 48054
Attn: Mr. George W. Kuhn
Re: Robert 3. Evans, Relief Drains
Ref: 3 & A File # 4060-01
Gentlemen:
We have received a copy of the J.P. Harte Company letter addressed to you, dated
October 14, 1975. In this letter, the 3. P. Harte Company has claimed that they
made a mistake of approximately $54, 670.00 in the discounting of materials.
We met with Mr. James Harte, the estimator for the 3. P. Harte Company on
Monday, October 13, 1975, and reviewed their original estimating worksheets.
We concur in the statement that a major mistake was made in their bid.
Because of this large error, we recommend that the 3. P. Harte Company bid
of $461, 778.10 (corrected amount) submitted to the Drainage Board on September
24, 1975, be withdrawn in compliance with their request.
We have requested and received the "Bidders Qualifications" from the second
lowest bidder, Sterling Construction, Inc. After reviewing their qualifications,
we find the contractor, Sterling Construction, Inc. capable of undertaking the
construction of the Robert 3. Evans Relief Drains.
We therefore recommend to the Drainage Board for the Robert 3. Evans Relief
Drains, that the construction contract for this project be awarded to the second
lowest qualified bidder: Sterling Construction, Inc. of Utica, Michigan. The
corrected "Total Base Bid" submitted to the Drainage Board by Sterling Construction
Inc., September 24, 1975, was $554, 941.17.
E (7) 7. L I 1,4
Very truly yours,
JOHNSON & ANDERSON, INC.
_
William E. McDonald, P.E.
Vice President
W EM/ev-14-08
Giv•.? to
CC: Oakland County: Mr. Robert P. Allen, Mr. James PEEntnEjon
Sentry Insurance Company
3. P. Harte Company
Field
ORC
File
EMERSON P.. BUNN
Chief DCPUtY C0171Miflf01783"
GEORGE.' W. KUHN
OAKLAND COUNTY DRAIN COMMISSIONER
PUBLIC WORKS DRIVE
PONTIAC, MICHIGAN 48054
858-0958
JAMES E, PEMBERTON
Deftly da Chief Engineer
Honorable Commissioners
County of Oakland
1200 North Telegraph Road
Pontiac, Michigan
Reference: ROBERT J. EVANS RELIEF DRAINS
Mr. Chairman, Ladies & Gentlemen:
There is submitted to you herewith a certified copy of a resolu-
tion adopted by the Drainage Board for the Robert J. Evans Relief
Drains authorizing the issuance of Drain Bonds in the aggregate
principal amount of $855,000.00 pursuant to provisions of
Chapter 20 of Act No. 40 of the Public Acts of 1956, as amended.
and other applicable law. Also submitted to you herewith is a
form of proposed resolution for adoption by the Board of Com-
missioners for the purpose of pledging the full faith and credit
of the County of Oakland as secondary security for the payment
of said Drain Bonds.
The said Drain Bonds are issued in anticipation of the payment
by the Township of Avon, County of Oakland and State of Michigan
in the aggregate amount of at least equal to the amount of said
Bonds. The full faith and credit of said public corporation is
pledged, by law, to the prompt payment of said assessments and
the interest thereon when due. The law further authorizes and
obligates said public corporation to levy a tax in an amount
sufficient to make said payment (unless other funds are on hand
available for said purpose) which tax may be levied without
limitation as to rate or amount. The County is entitled, by
law, to recover from said public corporation the amount advanced
from County funds at any time in fulfillment of the County's
secondary pledge of its' full faith and credit.
George v//Kuhn, Chairman
Fred D. Toughten, bar
OAKLAND COUNTY DRAIN COMMISSIONER
Honorable Commissioners
County of Oakland Page 2
Reference: ROBERT J. EVANS RELIEF DRAINS
It is respectfully requested that the enclosed resolution be
adopted for the reasons set forth in the preamble and because
the pledge of the County's full faith and credit will result
in a material savings in bond interest to be paid.
ROBERT J. EVANS RELIEF DRAINS
DRAINAGE BOARD
Richard R. Wilcox, Member
gP
Enclosures