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HomeMy WebLinkAboutResolutions - 1974.06.06 - 15127:T. 2 The following resolution is with reference to TUE WEST BECC.".:-.7IELD WATER SUPPT.7 SYSTEM - SECTION 2 AND IS TO TRAT,I8TER SURPLUS CON- STRUCTION 7UNDS IN THE AMOUNT OF $818,800 FP:'t.' :S:HOTION 1 TO SECTION 2 AND TO APPROVE AG= and since a copy of the resolu:;c'n 'as, prior to this meeting been delivered to all members of this Board — - - -I respectfully reduest that reading of same be waived, The Public Works Committee, By Robert F. Patnales its Chairman , moves the adoption of the follc-H Resolution: ;6692 At a Regular meeting of the Board of Commissioners of Oakland County, Michigan, held in the Board of Commissioners Auditorium Building, Oakland County Service Center, 1200 North Telegraph Road, Pontiac, Michigan, on the 6th day of June , 1974, at 9:30 o'clock A.M., Eastern Daylight Time. PRESENT: Berman, Brotherton, Button, Coy, Dearborn, Douglas, Dunleavy, Gabler, Hobart, Hoot, Houghten, Kasper, Lennon, Mathews, Moffitt, Montante, Nowak, Olson, Patnales, Perinoff, Pernick, Quinn, Richardson, Vogt, Walker, Wilcox. (26) ABSENT: Burley. (1) MISCELLANEOUS RESOLUTION # 6692 RESOLUTION PROPOSED BY OAKLAND COUNTY BOARD OF PUBLIC WORKS WITH RESPECT TO WEST BLOOMEIFLD WATER SUPPLY SYSTEM WHEREAS, the following resolution was been received from the Township of West Bloomfield: WHEREAS, the Township of West Bloomfield and the County of Oakland have entered into West Bloomfield Water Supply System Contract dated as of December 1, 1970, and the County of Oakland, pursuant to said Contract, issued county bonds in the aggregate principal amount of $4,825,000 to finance the acquisition of the said West Bloomfield Water Supply System - Section 1; and WHEREAS, said Contract provides that surplus funds re- maining after payment of all costs incurred in acquiring said project may be used at the request of the Township and with the approval of the Board of Commissioners to extend said System and the Township is requesting the Oakland County Board of Commissioners to consent thereto by resolution, such extension to consist of the facilities shown on Exhibit "A" attached hereto, designated Section 2, to be acquired at an estimated cost not in excess of $818,800.00. ; and WHEREAS, all costs incurred in acquiring said West Bloomfield Water Supply System - Section I have been paid and a surplus does now exist in an amount in excess of $818,800,00 ; and WHEREAS, the Township of West Bloomfield and the County of Oakland are now entering into the West Bloomfield Water Supply System - Section 2 Contract, dated as of April 1, 1974, and the County of Oakland, pursuant to said Contract, will acquire water supply facilities in accordance with the provisions of said Contract dated as of April 1, 1974, to be located in said Township at an estimated aggregate cost of $818,800.00 , and will pay the cost thereof out of said surplus funds remaining from said Section project as set forth in said Contract which reads as follows: WEST BLOOMFIELD WATER SUPPLY SYSTEM - SECTION 2 CONTRACT THIS CONTRACT, made as of the 1st day of April, 1974, by and between the COUNTY OF OAKLAND, a Michigan county corporation (hereinafter called the "county"), by and through its Board of Public Works (hereinafter referred to as the "board"), party of the first part, and the TOWNSHIP OF WEST BLOOMFIELD, a township corporation in the County of Oakland (hereinafter called the "municipality"), party of the second part: WITNESSETH: WHEREAS, Act No. 185 of the Michigan Public Acts of 1957, as amended, grants to the board of public works in any county having a department of public works, the power to acquire water supply systems as defined in said Act and to improve, enlarge, and extend any system acquired pursuant thereto; and WHEREAS, the Township of West Bloomfield and the County of Oakland have entered into West Bloomfield Water Supply System Contract, dated as of December 1, 1970, (herein called the "Base Contract") and the County of Oakland, pursuant to said Contract, issued county bonds in the aggregate principal amount of $4,825,000 to finance the acquisition of the said Section 1; and WHEREAS, said Contract provides that surplus funds re- maining after payment of all costs incurred in acquiring said project may be used to extend and enlarge said System in said township at the request of the township and approval by the Board of Commissioners and the township is requesting the Oakland Count Board of Commissioners to consent thereto by resolution, such extension to consist of the facilities shown on Exhibit "A" attached hereto and designated Section 2 to be acquired at an estimated cost not in excess of $818,800,00; and WHEREAS, all costs incurred in acquiring said Section 1 have been paid and a surplus does now exist in an amount in excess of $818,800..00 ; and WHEREAS, the Township of West Bloomfield and the County of Oakland now desire to enter into West Bloomfield Water Supply System - Section 2 Contract, dated as of April 1, 1974, and the County of Oakland, pursuant to said Contract will undertake the acquisition of water supply facilities in accordance with the provisions of said Contract dated as of April 1, 1974, to be located in said township at an estimated aggregate cost of $818,800.00 , and will pay the cost thereof out of said surplus _ funds remaining from said Section 1 project as set forth in said Contract; and WHEREAS, by the terms of said Act No. 185 the county and the municipality are authorized to enter into a Contract for the acquisition, improvement, enlargement or extension of a water supp2 system and for the payment of the cost thereof by the municipality; and WHEREAS, it is now necessary for the public health and welfare of the present and future residents of the municipality to extend, improve and enlarge the said West Bloomfield Water System in the Township of West Bloomfield by the acquisition and construction of the so-called Section 2 under the provisions of said ply Act No. 185 and to pay the cost thereof as herein provided; and WHEREAS, no other municipality will be affected by the const- ruction of said Section 2; and WHEREAS, it is necessary that the county and the municipality enter into this Contract; and WHEREAS, the Oakland County Department of Public Works (hereinafter sometimes referred to as the "DPW") has obtained preliminary plans and cost estimates for the acquisition and construction of said Section 2 prepared by Hubbell, Roth 6, Clark, Inc., registered professional engineers (hereinafter sometimes referred to as the "consulting engineers") which preliminary plans and cost estimates anticipate the acquisition and construc- tion of said Section 2 will be accomplished in accordance with the hereinafter stated p,•ovisions of this Contract. NOW, THEREFORE, in consideration of the premises and the covenants of each other, the parties hereto agree as follows: 1. The county and the municipality hereby appro ,ye the extension, improvement and enlargement of the West Bloomfield Water Supply System by the acquisition and construction of water supply facilities to serve the Township of West Bloomfield, under and pursuant to the provisions of Act No. 185 of the Michigan Public Acts of 1957, as amended. The water supply facilities to be acquired and constructed are hereby designated the "West Bloomfield Water Supply System - Section 2". 2. The facilities constituting the entire Section 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, which facilities will be financed on behalf of the municipality and are hereinafter sometimes referred to collectively 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 in Exhibit "B" attached hereto, and the estimate of 40 years and upwards as the period of usefulness of the project, all as prepared by the consulting engineers. 4. After the execution of this Contract by the county and the municipality, the board shall take the following steps: (a) Order final plans and specifications for the project from the consulting engineers. (b) Submit to the Board of Commissioners of Oakland County a resolution, duly approved and recommended by the board, providing for the approval of this Contract and for the acquisition of the project as shown on Exhibit (c) After the Board of Commissioners of Oakland County has approved this Contract, the board will take all necessary procedures to obtain construction bids for the project and enter into construction contracts with the lowest responsible bidders. (d) After the execution of construction con- tracts, the board 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. 185 of the Public Acts of Michigan, 1957, as amended. 5. It is understood and agreed by the parties hereto that the facilities of Section 2 are to serve the municipality and not the individual property owners and users thereof, unless by special arrangement between the board and the municipality. The responsibility of requiring connection to and use of the facilities 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. Section 2 is an improvement, enlargement and extension of the West Bloomfield Water Supply System — and the Base Contract shall apply thereto, except as the same may be specifically modified herein for specific application to the project, as though set forth in full herein. The county hereby agrees thet it will secure, 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 and memorandums 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 and memorandum of insurance shall be filed with the munici- pality. 6. The entire cost of the project shall be paid by the use by the county of surplus funds remaining after the completion of Section 1 of the System. The term "cost" as used herein shall In construed to include all items of cost of the type set forth on Exhibit 'f3" 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 acquir- ing and constructing the project. By execution and approval of this Contract the county and the municipality agree to the applica- tion of the $8_18_Elp_Do of surplus funds from the financing and the project described in the Base Contract to the payment of the obligations of the municipality incurred pursuant to this Contract which application has been requested by the municipality and is hereby approved by the Board of Commissioners of the county on recommendation of its Board of Public Works. 7. After completion of the project and payment of costs thereof, any surplus still remaining from the Section project may be used at the lest of the municipality and upon approval by the Board of Commissioners of Oakland County to improve, enlarge, or extend further the System in the municipality. 8. If the surplus funds on hand used by the county to finance the project, or any part thereof, are for any reason in.- sufficient to complete the project in accordance with the plans and specifications therefor, the board shall, if necessary, submit to the municipality a resolution providing for the payment of additional money in an amount necessary to provide funds to complete the project in which event the duties and obligations of the board and the municipality as expressed and set forth in this Contract shall be applicable to such additional payment as well as the original payme nt, it being at all times fully recognized and agreed that the obligation of the municipality, whether satisfied in the manner specified in paragraph 6 of this Contract or otherwise, shall be based upon the ultimate cost of the project. In lieu of the payment of such additional money, any other method may be agreed upon by the county and the municipality to provide the necessary funds to complete the project. 9. This Contract is contingent upon the county using the surplus funds as set forth in paragraph 6 of this Contract, to defray the estimated cost of the project, or a part of the project. 10. The municipality consents to the establishment and location °f .-the project entirely within its corporate limits and consents to the use of its streets, alleys and public places for the construction thereof by the county and its contractors for which purpose this Contract constitutes a permit and consents to the use of its streets, alleys and public places for the rei ::air, replacement, maintenance and use of the water supply facilities. After completion, Section 2 shall be used for the distribution of water within the municipality all in accordance with and pursuant to the Ease Contract and this Contract between the county and the municipality pertaining to Section 2. It is further agreed with respect to all extensions to the West Bloomfield Water Supply System that at all times during the operati thereof by the municipality, as lessee, that it will obtain and maintain in effect adequate property damage, public liability and workmen's compensation insurance covering all facilities leased to the municipality under any contract with the county nor or hereafter in effect. All policies and memorandums of insurance shall provide that the county and the municipality shall be insured parties thereunder and shall contain a provision requir- ing that the county be notified at least ten days prior to cancellation thereof. One copy of each policy and memorandum of insurance shall be filed with the county. 11. This Contr,Ict shall become effecfive upon approval by the legislative body of the municipality, by the Board of Public Works of Oakland County, and by the Board of Commissioners of Oakland County, and duly executed by the authorized officers of the municipality and of the Board of Public Works. It shall terminate fifty (50) years from the data of this Contract. This Contract may be executed in several counterparts. 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 Board of Public Works By Chairman By Secretary TOWNSHIP OF WEST BLOOMFIELD By Supervisor By Township Clerk WEST BLOOMFIELD WATER SUPPLY SYSTEM Section II Estimate of Cost 17,000 L.F. 16" Watermain @$ 27.00 25 Ea. 16" Gate Valves & Wells @ 3,000.00 35 Ea. Hydrants @ 850.00 1 Ea. 16" Northwe stern Crossings L. S. 1 Ea, Pressure Reducing Valves & Chambers @ 40,000.00 = $459,000.00 = 75,000.00 = 29,750.00 = 40,000.00 = 40,000.00 Sub-Total Construction Cost = $643,750.00 Construction Cost . . . . $643,750.00 Engineering . 53,302.50 Administration . . 16,093.75 Legal , . 1,000.00 Financial • . . -0- Soil Borings . . . 1,000.00 Easement Acquisition . 20,000.00 Inspection . . •••• •B•s•C O• • 19,312.50 Contingency. . , 64,341.25 TOTAL PROJECT COST = $818,800.00 I hereby estimate the period of usefulness to be forty (40) years and upwards. HUBBELL, ROTH & CLARK, INC. Exhibit "B" WHEREAS, it is now advantageous for the Township of West Bloomfield to have transferred the surplus funds now remaining from the bonds issued pursuant to the Contract dated as of December 1, 1970, to the construction fund for Section 2 pursuant to the Contract, dated as of April 1, 1974, and for the County of Oakland to consent to said use of surplus funds in accordance with the provisions of said Contract, dated as of December 1, 1970, and for the Township and the County to enter into the Contract of April 1, 1974, as aforesaid. NO-,J, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP BOARD OF THE TOWNSHIP OF WEST BLOOMFIELD, OAKLAND COUNTY, MICHIGAN, as follows: 1. That the Oakland County Board of Commissioners is hereby requested pursuant to the said Contract dated as of December 1, 1970 to transfer not less than $818,800,00 from the surplus funds now remaining after payment of all costs incurred in acquir- ing Section 1 to the construction fund created pursuant to the said Contract of April 1, 1974, to defray the obligation of this township, to the full extent necessary to make payment to the County to finance the cost of said Section 2. 2. That the funds so transferred be used by the County to defray the obligation of this township in accordance with the provisions of said Contract, dated as of April 1, 1974. 3. That the County and this townsh shall enter into the Contract for the acquisition and financing of Section 2 as set forth in this resolution and the Supervisor and the Township Clerk are hereby authorized and directed to execute and deliver said Contract dated as of April 1, 1974, on behalf of this township. ADOPTED: Yeas Doherty, Durree, Eyler, Holland, Warner, Warren, Whitmer. (7) Nays None. (0 STATE OF MICHIGAN ) COUNTY OF OAKLAND ) I, the undersigned, the duly qualified and acting Township Clerk of the Township of West Bloomfield, Oakland County, Michigan, do hereby certify that the foregoing is a true and complete copy of a resolution adopted by the Township Board of said Township on the 20th day of May , 1974, the original of which is on file in my office. IN WITNESS WHEREOF, I have hereunto affixed my offici signature this _21st_ day of May , A.D. 1974. Betty Sue DuPree Township Clerk SS: ; and WHEREAS, it will be advantageous to the Township of West Bloomfield and the County of Oakland if a transfer of funds is authorized by this Board of Commissioners in accordance with the request of the Township and the West Bloomfield Water Supply System - Section 2 Contract, is approved and executed and WHEREAS, the Board of Public Works has recommended adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMIS- SlO=S 02 OAKLAND COUNTY, MICHIGAN, as follows: 1. That this Board of Commissioners does hereby approve and authorize the transfer, pursuant to the provisions of the Wet 3loomfield Water Supply System Contract, dated as of December 1, 1970, of not less than $818 L 800.00 from the surplus funds now remining after payment of all costs incurred in acquiring Section 1 of said System, to the payment of the cost of Section 2 of said System pursuant to the Contract with respect thereto, dated as of April 1, 1974. 2. That the surplus funds herein authorized to be transferred shall be used by the County of Oakland through its Department of Public Works in payment of the cost of Section 2 in accordance with the provisions of and for the purposes described in said Contract, dated as of April 1, 1974. 3. That the West Bloomfield Water Supply System - Section 2 Contract, dated as of April 1, 1974, is hereby approved and the Chairman of the Board of Public Works and the Secretary thereof he and they each hereby are authorized and direeLed to execute and doliver such Contract on behalf he County of Oakland, in as many copies or counterparts as they may deem necessary or desirable, in substantially the form set forth in the resolution of the Township Board of the Township of West Bloomfield and herein in- corporated. Al)()PMD: Yeas : Houghten, Kasper, Lennon, Mathews, Moffitt, Montante, Nowak, Olson, Patnales, Perinoff, Pernick, Quinn, Vogt, Walker, Wilcox, Berman, Brotherton, Button, Coy,, Dearborn, Douglas, Dunleavy, Gabler, Hobart, Hoot. (25) Nays _L., No r Lyr: 07 Alien_ Couni-y Clerk STATE OF MICHIGAN ) ss: COUNTY OF 0A17,-LAND ) I, the undersigned, the duly qualified and acting County Clerk of the County of Oakland, do hereby certify that the forego- ing is a true and complete copy of a resolution adopted at a Regular held on the 6th day of June , 1974, the original of which is on file in my office. IN WITNESS WHEREOF, I have hereunto affixed my official meeting of the Oakland County Board of Commissioners, signature this 7th d ay o f June , A.D. 1974.