HomeMy WebLinkAboutResolutions - 1990.06.14 - 16810Miscellaneous Resolution No. 90132 , June 14 , 1990
BY: PLANNING AND BUILDING COMMITTEE
LARRY CRAKE, CHAIRPERSON
IN RE: DRAIN COMMISSIONER - WATERFORD WATER
SUPPLY SYSTEM EXTENSION NO, 9
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen
WHEREAS, the County of Oakland (the "County") has
heretofore established and constructed and acquired the
Waterford Water Supply System pursuant to the provisions of
Act No. 185, Public Acts of Michigan, 1957, as amended, and
pursuant to the Waterford Water Supply System Contract
between the County and the Charter Township of Waterford
(the "Township") dated as of November 1, 1963, the Supple-
mental Contract Waterford Water Supply System, dated
January 10, 1964 and the Amendment to Supplemental Contract
Waterford Water Supply System, dated March 10, 1964; and
WHEREAS, it is now necessary to extend, improve and
enlarge the Waterford Water Supply System by the acquisition
and construction of the hereinafter described Waterford
Water Supply System Extension No. 9; and
WHEREAS, by the terms of Act 342, Public Acts of
Michigan, 1939, as amended ("Act 342"), the County and the
Township are authorized to enter into a contract for the
acquisition, construction and financing of the Waterford
Water Supply System Extension No. 9 consisting of water
supply facilities to serve the Township and for the payment
of the cost thereof by the Township; and
WHEREAS, there has been submitted to this Board of
Commissioners a proposed contract between the County, by and
through the Drain Commissioner, County Agency, party of the
first part, and the Township, party of the second part,
which contract provides for the acquisition, construction
and financing of the Waterford Water Supply System Extension
No. 9 pursuant to Act 342, which contract is hereinafter set
forth in full.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF
COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as follows:
1. ESTIMATES OF PERIOD OF USEFULNESS AND COST.
The estimate of $1,101,000 as the cost of the Waterford
Water Supply System Extension No. 9 and the estimate of 40
years and upwards as the period of usefulness thereof, as
submitted to this Board of Commissioners, be and the same
are hereby approved and adopted.
2. APPROVAL OF CONTRACT. The Waterford Water
Supply System Extension No. 9 Contract dated as of May 1,
1990, between the County, by and through the County Drain
Commissioner, party of the first part, and the Township,
party of the second part, which contract has been submitted
to this Board of Commissioners, be and the same is hereby
approved and adopted, and the County Drain Commissioner is
hereby authorized and directed to execute and deliver the "
same for and on behalf of the County, in as many counter-
parts as may be deemed advisable, after the contract has
been executed by the appropriate officials of the Township.
Said contract reads as follows:
WATERFORD WATER SUPPLY SYSTEM
EXTENSION NO, 9
THIS CONTRACT, made as of the 1st day of May, 1990,
by and between the COUNTY OF OAKLAND, a Michigan county
corporation (hereinafter called the "County"), by and
through its County Drain Commissioner as the County Agency
(hereinafter referred to as the "County Agency"), party of
the first part, and the CHARTER TOWNSHIP OF WATERFORD, a
charter township in the County of Oakland (hereinafter
called the "Township"), party of the second part:
WITNESSETH:
WHEREAS, the Oakland County Board of Supervisors,
by Resolution Misc. No. 3909, adopted on February 6, 1962,
established the Waterford Water Supply System (the "System")
to serve the Township; and
WHEREAS, the county, through its Board of Public
Works, and pursuant to the provisions of Act No. 185, Public
Acts of Michigan, 1957, as amended, has acquired and con-
structed the System pursuant to the Waterford Water Supply
System Contract, dated November 1, 1963, between the County
and the Township (said contract, as supplemented by the
Supplemental Contract Waterford Water Supply System, dated
January 10, 1964 and the Amendment to Supplemental Contract
Waterford Water Supply System, dated March 10, 1964, herein-
after referred to as the "Base Contract"); and
WHEREAS, by the terms of Act No. 342, Public Acts
of Michigan, 1939, as amended ("Act 342") the County the
Township are authorized to enter into a contract for the
acquisition, improvement, enlargement or extension of the
System and for the payment of the cost thereof by the Town-
ship; and
WHEREAS, it is now necessary for the public health
and the welfare of the present and future residents of the
Township to extend, improve and enlarge the System in the
Township by the acquisition and construction of the
Waterford Water Supply System Extension No. 9 and to finance
such acquisition and construction by payments from the Town-
ship to the County of amounts to become due under this con-
tract.
NOW, THEREFORE, in consideration of the premises
and the covenants of each other, the parties hereto agree as
follows:
1. The County and the Township hereby approve the
extension, improvement and enlargement of the System by the
acquisition and construction, by the county Agency under and
pursuant to the provisions of Act 342, of water supply
facilities to serve the Township. The water supply facil-
ities to be acquired and constructed are hereby designated
the "Waterford Water Supply System Extension No. 9",
2. The facilities constituting the Waterford
Water Supply System Extension No. 9 and their general loca-
tion within the Township are shown on Exhibit "A" which is
attached hereto and by this reference is made a part hereof.
The Waterford Water Supply System Extension No. 9 is here-
after sometimes referred to as the "project".
3. The County and the Township hereby approve and
adopt the estimate of the cost of the project in the amount
set forth on Exhibit "8" attached hereto and the estimate of
40 years and upwards as the period of usefulness of the
project.
4. After the execution of this contract by the
County and the Township, the County Agency shall take the
following steps, subject to the receipt from the Township of
the payments as provided in paragraph 6 hereof, to-wit:
(a) Order final plans and specifications
for the project from a consulting
engineer.
(b) Do those things necessary to obtain
the approvals required for the con-
struction of the project, obtain
construction bids for the project
and enter into construction con-
tracts with the lowest responsible
bidders.
(c) After the execution of construction
contracts, cause the project to be
constructed within a reasonable time
and do all other things required of
it under the provisions of Act 342.
5. It is understood and agreed by the parties
hereto that the project is to serve the Township and not the
individual property owners and users thereof, unless by
special arrangement between the County Agency and the Town-
ship. The responsibility of requiring connection to and use
of the facilities of the project and of providing such addi-
tional facilities, as may be needed, shall be that of the
Township which shall cause to be constructed and maintained,
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directly or through the County, any such necessary addi-
tional facilities. The County shall not be obligated to
acquire or construct any facilities other than those desig-
nated in paragraph 2 hereof. The project is an improvement,
enlargement and extension of the System and the Base
Contract shall apply thereto except as the same may be
specifically modified herein for specific application to the
project.
The County hereby agrees that it will secure and
maintain, or cause to be secured and maintained, during the
period of construction adequate property damage and public
liability insurance covering all facilities to be con-
structed pursuant to this contract. All policies of
insurance shall provide that the County and the Township
shall be insured parties thereunder and shall contain a
provision requiring that the Township be notified at least
ten days prior to cancellation thereof. One copy of each
policy of insurance shall be filed with the Township.
6. The Township shall pay to the County the
entire cost of the project. The term "cost" as used herein
shall be construed to include all items of cost of the type
set forth on Exhibit "B" 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 acquiring and constructing
the project. The cost of the project will be paid by the
Township in installments as follows:
(1) The sum of $128,000 to be paid upon
execution of this contract, being
the estimated cost of obtaining
plans, specifications, detailed
estimates of cost and easements.
(2) The sum of $23,000 to be paid when
completed bid plans and specifica-
tions are received and accepted by
the County Agency.
(3) The balance of the cost of the pro-
ject (estimated now to be $950,000)
when construction bids are received
and prior to the award of construc-
tion contracts.
Shown on Exhibit "C" is the schedule of installment payments
to be made by the Township, which schedule will be revised
as detailed estimates are made and when construction bids
are received.
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The County Agency shall notify the Township, by
written communication addressed to its treasurer, of the
time and amount of the next payment due hereunder. The
Township covenants and agrees, not less than ten (10) days
after receipt of such notice, to remit to the County suffi-
cient funds to pay the amount then due. The obligations
herein expressed shall be applicable to all obligations and
contracts incurred or entered into by the County to con-
struct and complete the project, or any part thereof,
whether incurred or entered into at one time or more than
one time. It is assumed that the aggregate amount of all
installments payments will represent the cost of the
project. If the Township shall fail to make any of such
payments when due, the County and the County agency shall
have no obligation to proceed further with acquisition or
construction of the project. The Township shall hold the
County and the County Agency harmless from any and all
liability on account of the project and its acquisition or
construction whether or not the project is commenced or
completed.
7. After completion of the project and payment of
all costs thereof, any surplus remaining from the payments
received from the Township shall be returned to it or, in
the alternative, said surplus may be used at the request of
the Township and upon approval by the County Agency, to
improve, enlarge or extend the project.
8. If the payments received from the Township are
for any reason insufficient to complete the project in
accordance with the plans and specifications therefor, the
County Agency shall, if necessary, submit to the Township a
request for payment of the additional amount due with an
explanation in writing of the reasons and need therefor and
of the amount necessary to provide funds to complete the
project in which event the duties and obligations of the
County. Agency and the Township as expressed and set forth in
this contract shall be applicable to such additional payment
as well as the original payment, it being at all times fully
recognized and agreed that the payments to be made by the
Township, in the manner specified in paragraph 6 of this
contract, shall be based upon the aggregate amount of the
actual and final project cost.
The Township, pursuant to the authorization of
Section 5 of Act 342, Public Acts of Michigan 1939, as
amended, does hereby pledge its full faith and credit for
the prompt and timely payment of its obligations expressed
in this contract.
9. This contract is contingent upon the County
actually receiving all of the payments promised by the Town-
ship to defray the estimated cost of the project.
-4-
10. The Township consents to the establishment and
location of the project within its corporate limits and
consents to the use of the streets, alleys and public places
of the Township for the location, construction, repair,
replacement, maintenance and use of the water supply facil-
ities of the project. After completion, the project shall
be used by the Township as part of the System in accordance
with the Base Contract.
11. This contract shall become effective upon
approval by the legislative body of the Township, by the
County Agency, and by the Board of Commissioners of Oakland
County, and duly executed by the authorized officers of the
Township and by the County Agency. It shall terminate upon
expiration of the Base Contract, and upon termination all
title, possession and ownership of the project and of any
unused or surplus funds shall automatically revert to the
Township.
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 respec-
tive duly authorized officers, all as of the day and year
first above written.
COUNTY OF OAKLAND
By Its County Agency
By
Drain Commissioner of Oakland
County
CHARTER TOWNSHIP OF WATERFORD
By
Supervisor
By
Township Clerk
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MEAD
WATERFoRD WATER SUPPLY SYSTEM
EXTENSION #9 .
EXHIEIT "A"
JOHNSON S. ANCRSCN
CONSULTING ENG:NE=RS Feb. 21. 1990
$ 79,300
5,000
$ 84,300
4,800
Engineering
Consulting Engineer
Soil Borings
Legal Services
$ 27,800
3,900
55,400
47,700
1,500
79,820
WATERFORD WATER SUPPLY SYSTEM
EXTENSION NO. 9
Estimate of Cost
CONTRACTED SERVICES - CONSTRUCTION
12-inch Water Main
8-inch Water Main
8-inch G.V. & W.
12-inch G.V. & W.
12 x 8-inch T.S.V. & W.
Hydrants
1,630 L.F.
22,280 L.F.
27 Ea.
3 Ea.
10 Ea.
52 Ea.
$ 30.00=
$ 26.00=
$ 1,800.00 =
@ $ 2,000.00 =
$ 3,500.00 =
$ 1,500.00 =
$ 48,900
579,280
48,600
6,000
35,000
78,000
Total Construction Cost = $ 795,780
CONTRACTED SERVICES - PROJECT DEVELOPMENT
COUNTY SERVICES - PROJECT MANAGEMENT
Engineering
Administration
Right-of-Way
Construction Inspection
Soil Erosion Permit (Act 347)
Contingency
TOTAL ESTIMATED PROJECT COST = $1,101,000
I hereby certify the period of usefulness of this
facility to be forty (40) years and upwards.
JOHNSON & ANDERSON, INC.
By:
(4-12-90) EXHIBIT "B"
WATERFORD WATER SUPPLY SYSTEM
EXTENSION NO. 9
SCHEDULE OF INSTALLMENT PAYMENTS
1. Execution of Contract
between County of Oakland
and Township of Waterford
2. Completed Bid Plans and
Specifications received
and accepted by County
Agency
3. Construction Bids received
and prior to Award of
Construction Contracts ---
$ 128,000
23,000
$ 950,000
TOTAL $1,101,000
(4-12-90) EXHIBIT "C"
I HEKBY APP,
No..J1)11y,
THE FOIEGOING RESOLUTION
htB
3. CONFLICTING RESOLUTIONS. All resolutions and
parts of resolutions insofar as they may be in conflict
herewith are hereby rescinded.
Mr. Chairperson, on behalf of the Planning and
Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
JAE/09007/0222/BQ7/1
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REULUTION #90132 June 14, 1990
Moved by Crake supported by Jensen the resolution be adopted.
AYES: Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Luxon, McConnell,
McCulloch, McPherson, Oaks, Olsen, Pappageorge, Pernick, Rewold, Skarritt,
Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling. (24)
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 by the Oakland County
Board of Commissioners on June 14, 1990
with the original record thereof now remaining In my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County
of Oakland at Pontiac, Michigan this 14th day vr) June .0 IS 90
60,4
Lynn/D—. Alien, County Cleric