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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 --- i_nairalun 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