HomeMy WebLinkAboutResolutions - 1984.05.10 - 16967e
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May 10th, 1984
Miscellaneous Resolution k 84121
By: Planning and Building Committee - Anne M. Hobart, Chairperson
in Re: Evergreen-Farmin gton Sewage Disposal System
To the Oakland County Board of Commissioners
Mr. Cnairperson, Ladies and Gentlemen:
WHEREAS the "Agreement for Use of Certain Detroit Sewers" dated
December 30, 1958, approved by the Board of Supervisors by Miscellaneous
Resolution No. 3446 provides "that the Evergreen-Farmington District
shall be temnorarily served by an outlet to dispose of sanitary sewage
into the Detroit Sewer System at Southfield and Hassel Avenue for a
part of the term of this Agreement. At such time as the Detroit FlTZ,t -
Hamilton Sewer has been completed and placed in operation, the County
will discontinue the use of the temporary outlet to the satisfaction of
the City, and make a permanent connection into the First-Hamilton Sewer
at or near San Juan and Norfolk Streets to serve as an outlet for the
sanitary sewage for the Evergreen-Farmington District for the remainder
of the term of this Agreement," and
WHEREAS, in accordance with the Evergreen-Farmington Pollution
Control Facilities comprehensive facility plan said system will require
additional capaclty in the Detroit Metro Water Department sewerage
system, and
WHEREAS, Wayne County D.P,W. is having plans prepared for the
first segment of the North Huron Valley-Rouge Valley Wastewater Control
System, which will require additional capacity in the Board of Water
Commissioners Oakwood-Northwest interceptor, and
WHEREAS, Oakland County, Wayne County and the Detroit Metro
Water Department (DWSD) have negotiated an "Evergreen-Farmington Relief
Outlet, Design Agreement" whereby D.W.S.D. would design said relief
cutlet with funds to be provided by Oakland and Wayne Counties, thereby
providing both Oakland County and Wayne County with the required outlet
capacity, and
WHEREAS, the Evergreen 8.D.S. and Farmington S.D.S. have surplus
construction funds to pay Oakland's share of the design fee,
NOW THEREFORE BE IT RESOLVED THAT THE "Evergreen-Farmington
Relief Outlet, Design Agreement" dated April 2, 2984 is hereby
approved and the County Executive is hereby authorized and directed to
execute said agreement, and
BE IT FURTHER RESOLVED, that the County Executive an Department
of Public Works is authorized to make the required payments to D.W.O.D.
rom existj.ng surplus contruction funds.
MR. CHAIRPERSON, on behalf of the Planning and Building
Committee, I move the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
6-e /
NERT4tY APPROVE THE FOREGOING RESOLUTION
Tel T. artip45,f-C37:14-W.J.tive
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Date
WAYNE -0AELAND-DETROITs-PLYMOUTM
EVERGREEN -FARMINGTON.RELIEF OUTLET
DESIGN AGREEMENT
THIS AGREEMENT, made and entered into this
2nd day of . April 1904, by and between the
COUNTY or WAYNE, a Michigan Charter County corporation
(hereinafter *WAYNE"), by and through its Chief .
Executive Officer, acting through its Department of
Public Works, and the COUNTY OP OAKLAND, a 'County
corporation in the State of Michigan, (hereinafter,
"OAKLAND"), by and through its County Executive Depart-
ment of Public Works, and the CHARTER TOWNSHIP or
PLYMOUTH, a Michigan Charter Township, (hereinafter
"PLYMOUTH"), and the CITY OF DETROIT, a Municipal
corporation of the State of Michigan, acting by and
through ita Board of Water Commissioners (hereinafter
'BOARD").
WITNESSETE;
WHEREAS, WAYNE owns and operates certain sewage
disposal systems for and on behalf ofits residents;
and
WHEREAS, OAKLAND, operates certain sewage disposal
systems for and on behalf of its residents; and
WHEREAS, the City of Detroit operates a sewage
disposal system for and on behalf of its residents,
and ham contracted to provide sewage disposal and
treatment services for adjoining .areas, including areas
Located in Wayne and Oakland Counties; and
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WHEREAS, WAYNE has been the recipient of cortain
Federal grant monies and has been the lead applicant
wit il respect to certain other Federal grant monies for
the benefit of its residents and the residents of
Oakland County; and
WHEREAS, PLYMOUTH is presently the recipient of 4
certain grant advance from the United States Environ-
mental Protection Agency; and
WHEREAS, PLYMOUTH has made an agreement with WAYNE
to utilize said advance for design purposes, a portion
of which is to be used to provide payments for the
services performed under this Design Agreement; and
UMEREAS, the parties recognize that it is immediately
necessary for the health, safety and welfare of the
residents of a portion of the areas served by WAYNE and
OASLAND that certain eewerage facilities be designed
and built; and
WHEREAS, the parties hereto believe that the most
reasonable and cost effective method to solve present
sewage pollution problems in a portion of the areas
served br WAYNE and OAKLAND require that certain
sewerage facilities be constructed in the cities of
Detroit and Southfield; and
WHEREAS, the BOARD states that it has the necessary
technical staff and capability for completing the
design of such facilities; and
WHEREAS, the parties hereto desire to enter into
an agreement whereby the BOARD will provide the
technical services, design, and conatructioe COntrACt
documents for the needed facilities, said facilities
being ,commonly known as the PEVERGREEN-FARMINGT0J
RELIEF OUTLET', (also known as Component 9 - Detroit
Improvements), hereinafter referred to as the '11ROJECT*.
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NOW, TM-WORE, in consideration of the aforemeiwitd
promises and the mutual undertalings of the part'..es
hereto, it is agreed as follows:
L. The BOARD *hail cause to have designecl t -tyl EcUi-
ties knowwas the EVERGREEN-FARMINGTON RELIEF OuTLE:T,
and shall provide the technical and engineering services
related to said'design. The facilities shall inclu
but not be limited to:
A. An interceptor located in the cities of
Detroit and Southfield to transport
sewage flows from the Evergreen-Farmington
Sewage Disposal District to the Detroit
facility known as the First-Hamilton
Relief Sewer.
D. A flow metering and control facility to
measure and control the sewage flow from
the Evergreen-Farmington District to the
Detroit Sewage Disposal System.
C. A control facility to divert and control
the sewage flows from the First-Hamilton
' Relief Sewer to the BOARD's facility
known as the North Interceptor - at
D. The necessary regulating device to divert
and control flows from the First-Hamilton
Relief Sewer to the BOARD's facility known
as the Detroit River Interceptor.
2. It is the understanding of the parties that the
documents and plans prepared pursuant to this Design Agree-
'meat shall result in a design of facilities which are
approved by and reault in the issuance of a construction
permit by the State and are in biddable form for the lot-
ting of construction contracts. The BOARD shall provide
all. necessary personnel, materials and equipment to
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provide the complete, professionel,.engineerin:i design
services for the facilities for the PROJECT. Thezie
design services shall include but not be iimitcd to the
tasks as set forth on Exhibit A. Exhibit A, being
attached hereto, consists of an eight page docurn r.
dated March 23, 1984, outlining the tasks and numbered
from task No. 0201 and ending with task No. 2101a.
3. WAYNE shall provide the aerial photogrem-
. metric services necessary for the design of the •
facilities described in Paragraphs Lk and Le. This
service shall include the flying of alternate routes.
This Service shill also include for the selected route
the ground control and topographic mapping necessary
for the proper design of this PROJECT. These services
shall be performed ,as set forth in Exhibit *B" being
attached hereto consisting of six page document dad
March 26, 1984. WAYNE shall consult with the BOAL
. and the BOARD shall cooperate with WAYNE in the
performance Of this service. The results of this task,
including legible copies of field books and other field
records, 41411 be furnished to and become the property
' of the BOARD. It shall be the responsibility of WAYNE
to deliver same to the BOARD.
4. OAKLAND shall provide the necessary services
to acquire the fee simple and lesser interest ie real
properties within the City of Southfield necessary for
BOARD to construct, operate, inspect, improve, maintain
and repair the facilitiee described in Paragraphs ik
and IB. These services shall include title search,
appraisal, negotiations with the property owners, the
condemnation of the properties, if such becomes necessary,
and the services to property owners as required undar
Part 4, Title 40 of the Code of Federal Regulations
(40 CFR 4). The Lee simple or other interest in the
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real preperties shall be in the numo of the City of
Detroit, by and through its Berard of Water CommLssivp.ers.
All documents verifying the obtained interest in real
property shall be delivered to the BOARD in recorditble
form. OAKLAND shall provide any legal opinions,
statements and other documentation required for any
application for grant funding of the construction of
the facilities. BOARD shall identify the necessary
interest in real properties and provide °ARLAND with
aketchee and description of the identified properties
and interest needed therein.
5. The BOARD shall arrange sufficient conferences
with WA YNE end OAKLAND to assure all parties to this
Design Agreement that the necessary engineering design
work is being performed in order to accomplish the
purposes of this Design Agreement; and, further, it
shall be the duty of ell parties to cooperate with each
other in order to accomplish the purposes of this
Design Agreement. WAYNE and OAKLAND shall have the
right to review and comment in a timely manner on the
plans and specifications during their preparation.
6. PAYMENT: WAYNE and OAKLAND agree to pay the
BOARD a total Of $960,000.00 as a lump sum for the
services to be rendered pursuant to this Design Agree-
ment. The BOARD shall not be entitled to eny further'
payment for services rendered pursuant to this Design
Agreement other than the aforementioned S960,000.000.
The payment shall be made as follows:
A. WAYNE shall be responsible for the
payment of $620,000.00. OAKLAND shall be
responsible for the payment of $340,000.00.
B. It is the understanding of the parties
that WAYNE's contribution shall be made
solely from funds presently obtainable from
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the EPA grant advance to PLYMOUTH and fro 71 no
other source, and PLYMOUTH shall pay the
BOARD On behalf of WAYNE in accordam:o
this agreement the sums due from WAY.
C. WAYNE and OAXLAND shall each malie
fifteen (15) monthly payments. WAYNe's first
payment in the amount of $60,000.00 thall be
made On or before April 15, 1984 and thi next
fourteen monthly payments shall each ha in
the amount of $40,000.00 and shall be paid on
or before the 15th day of each succeeding
month. OAXLAND'a first payment in the amount
of 632,000.00 shell be made on or before
April 15, 1984 and the next fourteen monthly
• payments shall each be in the amount of
822,000.00 and Shall be paid on or before the
15th day of eath succeeding month.
7. TIME OF COMPLETION: The engineNring design . .
service, are to be undertaken on or abo April 1,
1984. Biddable, permittable documents shall be sub-
mitted to the Michigan Department of Natural Resources
on Or before April 1, 1985 for review and issuance of a
construction permit. The BOARD shall exert its best
efforts to secure issuance of a construction permit by
the Michigan Department of Natural Resources by June 15,
1985. This Design Agreement shall be completed when
the Michigan Department of Natural Resources :es A
construction permit.
B. OWNERSHIP OF DOCUMMTSs All documentu,
including but not limited to, drawings, specifixations,
data, records, computations and other papers prepared
by the BOARD under the terms of this Design Agreement
shall remain the property of the WARD. The Hao.R0
agrees to submit to WhiNE and OAKLAND six complete sets
each of readable, usable copies of the constr-LcLiu:,
contract documents.
9. TERMINATION; WAYNE and OAKLAND hall ht-17
the right to jointly terminate this Design Ag:.'L at
any time by giving 20 days written notice of such
termination to the BOARD. In the event of a termination
prior to the completion of construction contract documents
as required by this Design Agreement, WAYNE and OAY -_AND
shall pay to the BOARD the prorated Design Agr.olvA‘ent
price .to the date of such termination. noweeei., in no
event shall WAYNE and 0/AL1ND be required to pay th'I
BOARD more than the Design Agreement price - namely -
$620,000.00 from WAYNE, and $340,000.00 from OAKLAND.
In the eventof termination of this Design Agreement
WAYNE and OARIAND shall share in the costs for the
prorated price of. the services render... 1 in the 54M1?
proportionaA.they_share in tim total costof the
prOject.
10. RELATIONSHIP OF THE PARTIES; The relationship
of the BOARD to WAYNE and OAXLAND and PLYMOUTH shall be
that Of An independent contractor. The BOARD shall
AsSiume the defense of, indemnify and save harmless
WAYNE, OAKLAND, and PLYMOUTH, and its individual
officers, employees and agents, from and against all
claims, damages, losses and expenses, including attorney
fees, arising out of or occurring in the course of or
resulting from the work performed or to be performed
under this Design Agreement by the BOARD, its employees
Or agents. The obligation of the BOARD hereunder shall
include but not be limited to any and all claims,
damages, losses and expenses by and of any one directly
or indirectly, employed by the BOARD, or any subcon-
tractor of the BOARD, or any one for whose acts they
• may be liable, or arising out -of the death or bodily
injury of any such person, und any such obligation
Shall not be limited in any way by any limitation on
the amount or type of damages, compensation or benefits
payable by or for the BOARD or any of the BOARD'S
subcontractors under wOrXer's compensation acts,
disability benefit acts, or other employee benefit
acts, The mention of any specific responsibility or
liability of the BOARD in this paragraph or any part of
this Design Agreement shall not be construed as a
limitation or restriction upon the general responsibility
or-liability imposed on the BOARD. The BOARD shall
have no liability for, and WAYNE or OAKLAND or PLYmOUTR
shall hold the BOARD harmless for any liability arisieg .
out of any negligent or tortious act or omission
committed by themselves, their employees or agents
during the course of their performance under. this
Design Agreement. This paragraph shall not operate as
a restriction on the BOARD'S authority to set rates and
allocate costs of service to its customers and users.
Nor shall this paragraph operate as a restriction on the
rights of the parties to challenge the BOARD'S rates and
allocation of costs.
EQUAL EMPLOYMCNT OPPORTUNITY; The BOARD
agrees to abide by All applicable Federal, State and
Local laws and regulations regarding Equal Employmeet
Opportunity, including Michigan Statute - Public Act
453 of 1976 with respect to fair employment practice.
12. ASSIGNMENT: None of the partiec hereto shall
assign this Design Agreement in whole or in part without
the written consent of the other parties hereto.
13. This Design Agreement shall become effective
upon the approval of WAYNE, OAKLAND, -.mouvi and the
BOARD and when duly executed by the appropriate
officer or officers of each. This Design Agreement
may be executed in several counterparts.
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BY
BY
COUNTY OF WAYNS
WITNESS:
COUNTY OF OAKLAND
CITY OF DETROIT
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CURTER TOWNSHIP OF PLYMOUTH
BY
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#84121 May 10, 1984
Moved by Hobart supported by Nelson the resolution be adopted.
AYES: Price, Rewold, Wilcox, Aaron, Calandro, Doyon, Foley, Fortino, Hobart,
Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, Moffitt, Moore, Nelson, Page, Perinoff,
Pernick. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHiGAN)
COUNTY OF OAKLAND)
I, Lynn D. Alien, Clerk of the County of Oakland and having a seal,
do hereby certify that I have corpared the annexed copy of
Miscellaneous Resolution 184121 adopted by the Oakland County Board of Commissioners
at their meetinq held on May 10, 19E44
with the orginial record thereof now remaining in my office, and
that it is a true and correct transcript therefror, and of the
whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan
10th day of F a May 1
WL
NN s ALLEN
984
County Clerk/Register of Deeds
this