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HomeMy WebLinkAboutResolutions - 1990.02.22 - 16706Miscellaneous Resolution No. 90036 February 22, 1990 BY: PLANNING & BUILDING COMMITTEE LARRY CRAKE, CHAIRPERSON IN RE: DRAIN COMMISSIONER -- RESOLUTION TO APPROVE FIRST AMENDMENT TO HURON-ROUGE SEWAGE DISPOSAL SYSTEM WALLED LAKE-NOVI WASTEWATER TREATMENT PLANT 1989 ENLARGEMENT CONTRACT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the County of Oakland and the Cities of Walled Lake and Novi have entered into the Huron-Rouge Sewage Disposal System Walled Lake - Novi Wastewater Treat- ment Plant 1989 Enlargement Contract pursuant to the provi- sions of Act No. 342, Public Acts of Michigan, 1939, as amended; and WHEREAS, it is necessary to approve a revised cost estimate for the project and to amend the aforesaid contract. THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMIS- SIONERS OF OAKLAND COUNTY, MICHIGAN, as follows: 1. The revised estimate of $7,455,000 as the cost of the Walled Lake - Novi Wastewater Treatment Plant 1989 Enlargement, as submitted to this Board of Commissioners, is approved and adopted. 2. The First Amendment to Huron-Rouge Sewage Disposal System Walled Lake - Novi Wastewater Treatment Plant 1989 Enlargement Contract, dated as of March 1, 1990, among the County, by and through the County Drain Commis- sioner, party of the first part, and the Cities of Walled Lake and Novi, parties of the second part, which First Amendment has been submitted to this Board of Commissioners, is approved and adopted, and the County Drain Commissioner is authorized and directed to execute and deliver the same for and on behalf of the County, in as many counterparts as may be deemed advisable, after the First Amendment has been executed by the appropriate officials of the Cities. The First Amendment reads as follows: FIRST AMENDMENT TO HURON-ROUGE SEWAGE DISPOSAL SYSTEM WALLED LAKE-NOVI WASTEWATER TREATMENT PLANT 1989 ENLARGEMENT CONTRACT THIS CONTRACT, made and entered into as of the first day of March, 1990 by and among the COUNTY OF OAKLAND, a county corporation in the State of Michigan (hereinafter sometimes referred to as the "County"), by and through its Drain Commissioner, County Agency, party of the first part, and the CITY OF WALLED LAKE and the CITY OF Novi, home rule cities located in the County (hereinafter sometimes referred to as the "Cities"), parties of the second part. WITNESSET H: WHEREAS, the County and the Cities heretofore have entered into the Huron Rouge Sewage Disposal System Walled Lake - Novi Wastewater Treatment Plant 1989 Enlargement Contract (the "1989 Enlargement Contract") pursuant to the provisions of Act No. 342, Public Acts of Michigan, 1939, as amended; and WHEREAS, it now is necessary to amend the 1989 Enlargement Contract. THEREFORE, in consideration of the premises and the covenants of each other, the parties hereto agree that Sections 6 and 14 and Exhibit B of the 1989 Enlargement Contract are amended to read as follows: 6. The Cities shall pay to the County the total cost of the Project (less such funds as may become available from other sources), which total cost for this purpose shall include, in addition to the items of the nature set forth in Exhibit B (Revised) (represented by the principal amount of the bonds to be issued by the County plus such funds as may become available from other sources), all interest payable by the County on said bonds and all paying agent fees and other expenses and charges (including the County Agency's administrative expenses) which are payable on account of said bonds (such fees, expenses and charges being herein called "bond service charges"). The cost of the Project and the obligations of the Cities are allocated between the Cities as shown on Exhibit B (Revised) which is attached hereto and made a part hereof. Payments shall be made to the County in annual installments which shall be due and payable at least thirty days prior to the day of the month specified in the County bonds as the annual principal maturity date thereof. An annual installment shall be paid in each year if any principal and/or non-capitalized interest on the bonds falls due during the twelve-month period beginning on such principal maturity date in said year, and the amount of each installment so due and payable shall be at least sufficient to pay each City's share of all such principal and/or interest thus falling due and all bond service charges then due and payable. The County Agency, within thirty days after delivery of the County bonds to the purchaser, shall furnish the Treasurer of each City with a complete schedule of the principal and interest maturities thereon, and the County Agency, at least thirty days before each payment is due to be made by each city, also shall advise each City Treasurer of the amount payable to the County on such date. If a City fails to make any payment to the County when due, the same shall be subject to a penalty of I% thereof for each month or fraction thereof that such amount remains unpaid after due. Failure of the County Agency to furnish the schedule or give the notice as above required shall not excuse a City from the obligation to make payment when due. Such payments shall be made by each city when due whether or not the Project has then been completed or placed in operation. In the event that additional County bonds shall be issued under the authority of this contract to defray a part of the cost of the Project, the foregoing obligations shall apply to such part of the cost and to said additional bonds insofar as appropriate thereto. If a grant, advance or payment becomes available from the state or federal government or any other source, each City hereby agrees to adopt such resolutions or ordinances as may be required by state or federal laws, regulations or orders to make the County and the Project eligible to accept and receive the grant, advance or payment, and if the terms of the grant, advance or payment require a local contribution, each City hereby agrees to raise and make such local contribution. 14. Upon completion of the Project it shall be operated as part of the Walled Lake Arm in accordance with the Base Agreement. The Base Agreement is amended to provide that the maximum number of units which the County shall be required to serve within each City shall be as follows: City of Walled Lake 4,200 City of Novi 5,800 This First Amendment to Huron-Rouge Sewage Disposal System Walled Lake - Novi Wastewater Treatment Plant 1989 Enlargement Contract shall become effective upon its execution by each party hereto and the expiration of 45 days after the date or dates of publication of the notices required by Section 5b of Act 342; provided, however, that if, within the 45-day period, a proper petition is filed with the City Clerk of a City in accordance with the provi- sions of said Section 5b of Act 342 then this contract shall not become effective until approved by the vote of a major- ity of the electors of the City qualified to vote and voting thereon at a general or special election. This contract shall terminate forty (40) years from the date hereof or on such earlier date as shall be mutually agreed; provided, however, that it shall not be terminated at any time prior to the payment in full of the principal of and interest on the County bonds together with all bond service charges pertaining to said bonds. This contract may be executed in several counterparts. The provisions of this contract shall inure to the benefit of and be 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 the under- signed, being duly authorized by the respective governing bodies of such parties, all as of the day and year first above written. COUNTY OF OAKLAND BY: County Drain Commissioner (County Agency) CITY OF WALLED LAKE CITY OF NOVI By: By: Mayor Mayor By: By: Clerk Clerk JAE/09007/0206/BK8/2 -3- Legal Counsel 5,000 HURON-ROUGE SEWAGE DISPOSAL SYSTEM WALLED LAKE-NOVI WASTEWATER TREATMENT PLANT 1989 ENLARGEMENT ESTIMATE OF COST CONTRACTED SERVICES - CONSTRUCTION Blower Building $1,069,000 Raw Sewage Pump Station 1,119,000 Filter Building Improvements 181,000 Treatment Tank No.4 547,000 Revise Existing Treatment Tanks, 1, 2, 3 692,000 Sludge Storage Tanks 499,000 Administration Bulding 930,000 Yard Piping & Site Work 796,000 Sludge Drying Beds 54,000 Storage Building 62,000 TOTAL CONSTRUCTION COST $5,949,000 CONTRACTED SERVICES - PROJECT DEVELOPMENT & MANAGEMENT Engineering - Consultants $ 754,000 Report $ 10,000 Pilot Plant Studies & Chemical Tests 25,000 Design 361 ,000 General Engineering 120,000 Resident Engineering 160,000 Start-up Training, 0 & M Manual 40,000 Performance Monitoring _ 20,000 Compaction Testing 10,000 Soil Borings 8,000 COUNTY SERVICES - PROJECT MANAGEMENT Engineering $ 45,000 Administration 5,000 Right-of-Way (Including Legal) 1,000 Soil Erosion PeLmit (Act 347) 5,000 Contingency 591 300 SUB-TOTAL $7,364,300 TOTAL EST. PROJECT COST - CITY OF NOVI (70% of SUB-TOTAL) $5,155,000 EXHIBIT B (Revised) Page 1 of 2 Bond Counsel Financial Advisor Official Statement Bond Rating Fees Bond Printing Bond Advertisement Bond Discount $ 17,000 9,700 6,000 9,000 1,500 1,500 46,000 By: HURON-ROUGE SEWAGE DISPOSAL SYSTEM WALLED LAKE-NOVI WASTEWATER TREATMENT PLANT 1989 ENLARGEMENT ESTIMATE OF COST CITY OF WALLED LAKE (30% of SUB -TOTAL) $2,209,300 CONTRACTED SERVICES — PROJECT FINANCING TOTAL EST. PROJECT COST - CITY OF WALLED LAKE (Bond Issue) $2,300,000 TOTAL ESTIMATED PROJECT COST $7,455,000 I hereby estimate the period of usefulness of this facility to be twenty-five (25) years and upwards. McNAMEE, PORTER AND SEELEY, INC. EXHIBIT - B (Revised) Page 2 of 2 January 10, 1990 Building Committee Mr Chairperson, on behalf of the Planning and Building Committee, I move adop .5ion sf the foregoing Resolu- tion. Resolution # 90036 Feb. 22, 1990 Moved by Crake supported by Caddell the resolution be adopted. AYES: Chester, Crake, Gosling, Huntoon, Jensen, Johnsen, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell. (23) NAYS: None. (0) 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, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted b y the Oakland County Board of Commissioners on February 22, 1990 with the ori ginal record thereof now remainin g in my office. In Testimony Whereof, I have hereunto set m y hand and affixed the seal of the Co unty of Oakland at Pontiac, Michi gan this 22nd day Ap wruacy 1990 Ly rr, Allen, County Clerk