HomeMy WebLinkAboutResolutions - 1989.11.09 - 17083\( APPROVE THE FOREG,OiNG RESOLUTM.{. „
Miscellaneous Resolution # 89287 November 9 , 1989
BY: PLANNING & BUILDING COMMITTEE - ANNE M. HOBART, Chairperson
IN RE: DRAIN COMMISSIONER--DEPT. OF PUBLIC WORKS-SEWER & WATER
HURON-ROUGE SEWAGE DISPOSAL SYSTEM - AMENDMENT #2
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland has, by acting in cooperation
with the County of Wayne and the local units of government in
the Wayne County Rouge Valley Sewage Disposal System, acquired
capacity in the Rouge Valley System existing facilities and in
additions thereto to be constructed by Wayne County under the
Wayne County-Oakland County, Construction, Finance, and Service
Agreement dated February 1, 1988, as amended by an Amendment to
the Agreement dated as of November 1, 1988, including Exhibits
"A" through "H" (collectively the AGREEMENT), to which there is
submitted herewith aSecond Amendment to the Agreement to be dated
as of August 1, 1989, including revised Exhibits E-1, E-2 and
E-3 and an Exhibit .3 (collectively the "AMENDMENT"), which AMENDMENT
contains changes to provide for the financing, construction and
operation of Segment 2 of the North Huron Valley-Rouge Valley
System facilities; and
WHEREAS, the City of Novi (the "OAKLAND LOCAL UNIT") ,-
has approved the AMENDMENT and has authorized the County of Oakland
to approve and adopt the same on its behalf.
NOW THEREFORE BE IT RESOLVED, by the Board of Commissioners
of Oakland County, Michigan, as follows:
1. The Board of Commissioners does hereby approve and
adopt the AMENDMENT, in substantially the form submitted herewith.
2. The AGREEMENT is hereby so amended and the Oakland
County Drain Commissioner as County Agency is hereby authorized
and directed to execute the AMENDMENT and take such steps as necessary
in order to effectuate the AMENDMENT.
Mr. Chairperson, on behalf of the Planning and Building
Committee, I move the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
= MILLER, CANFIELD. PADDOCK AND STONE SECOND AMENDMENT TO
WAYNE COUNTY-OAKLAND COUNTY
Construction, Finance and Service Agreement
THIS CONTRACT, made and entered into as of the 1st day
of August, 1989, by and among the COUNTY OF WAYNE, a
Michigan charter county corporation (hereinafter referred to
as t'Wayne"), the CITY OF DEARBORN HEIGHTS, the CITY OF
GARDEN CITY, the CITY OF INKSTER, the CITY OF LIVONIA, the
CITY OF NORTHVILLE, the CITY OF ROMULUS, the CITY OF WAYNE,
the CITY OF WESTLAND, the TOWNSHIP OF REDFORD, and the
TOWNSHIP OF VAN BUREN, all Michigan public corporations
located in the County of Wayne. State of Michigan
(hereinafter sometimes referred to as the "Wayne Local
Units"), and the COUNTY OF OAKLAND, a Michigan county
corporation (hereinafter referred to as "Oakland"),
representing the CITY OF NOVI, a Michigan public corporation
located in the County of Oakland, State of Michigan
(hereinafter sometimes referred to as the "Oakland Local
Unit"). All local units in Wayne and Oakland are gometimes
hereinafter referred to as the "Local Units", or
individually as a "Local Unit",
WITNESSETH:
WHEREAS, the parties hereto have entered into a certain
contract entitled Wayne County-Oakland County Construction,
Finance and Service Agreement (the "Primary Contract") and
Amendment thereto dated November 1, 1988 (the "Amendment")
(together the "Contract") for the financing, construction
and operation of a wastewater control system sometimes known
as the North Huron Valley-Rouge Valley System and certain
8/24/89
related local improvements as hereinafter described (the
"Facilities"); and
WHEREAS, the Contract contemplated the need for
amendments to provide various details of the parties'
agreement for the construction and financing of segments of
the System, when the program for financing and construction
of the Facilities progressed to the point when such details
could be developed; and
WHEREAS, Wayne has received and accepted or will
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very short deadlines having been established for the
.0 0 0 initiation of such financing and construction; and
WHEREAS, it is now necessary for the parties to the
Contract to enter into this contract (the "Second
2 Amendment") further amending the Contract to provide all of
the details necessary to undertake the financing,
construction and operation of Segment 2 of the Facilities.
NOW, THEREFORE, in consideration of the premises and
the covenants of each other, the parties hereto agree as
follows:
I. All terms in this Second Amendment shall have the
same meanings as provided in the Contract, unless
specifically indicated otherwise.
2. Exhibits E-1, E-2 and E-3 attached to the
Amendment have required revision, and the parties hereto
agree that such Exhibits as attached hereto shall represent
the last current effective forms of such Exhibits.
shortly receive and accept a federal grant offer for payment
of the eligible portions of the cost of Segment 2 of the
Facilities, including certain local improvements in the City
of Dearborn Heights described herein (together "Segment 2"),
and steps must be taken for the financing of Segment 2 of
the Facilities and the commencement of construction thereof,
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3. The contracts for construction of the Facilities
shall specify completion dates presently estimated to be as
follows:
Segment 1
Segment 2
Segment 3
- June, 1991
- December, 1992
June, 1993 MILLEN, CANHEI_D, PADDOCK AND STONE 4. The Amendment contained provisions for the
administration, management and supervision by Wayne of the
construction, operation and maintenance of certain local
improvements consisting of sewer rehabilitation and relief
•-
work to be performed on internal sewer collector systems
owned by some of the Local Units and financed in part from
federal grant funds. It is agreed by the parties hereto
that such work may be performed in accordance with such
provisions, or the affected Local Units may contract with
Wayne, subject to the approval of U.S. EPA and MDNR, for
broader local participation in such administration,
management and supervision.
5. All parties hereto obligated to pay costs of
Seyment 2 of the Facilities have indicated to Wayne that
they will each pay in cash their respective shares of such
costs, as shown on Exhibit F-3 to and as provided in the
Contract. In addition there shall be included in Segment 2
a portion of the local improvements in the City of Dearborn
Heights, as described in Exhibit J attached hereto and made
a part hereof, at a presently estimated total cost of
$9,440,000, with an estimated grant share of $5,140,000 and
a local share to be paid in cash by the City in the
estimated amount of $4,300,000. Wayne is agreeable to such
cash payments, upon the understanding and agreement of all
parties hereto that such cash payments will be made
available to Wayne in the total amounts shown on Exhibit E -3
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1.1.1
as the respective shares of such parties for the Segment 2
costs, plus in the case of the City of Dearborn Heights the
local share costs of the local improvements included in
Segment 2 as specified above, subject to the terms of the
Second Amendment and the Contract and without the two
percent (2%) added for Wayne's bond issuance costs, no later
than March 15, 1990. Such cash payments shall be made to
Manufacturers National Bank of Detroit under custodial
arrangements similar to those approved in connection with
Segment 1 financing, as appropriately adjusted to apply to
Segment 2 as well.
6. All parties hereto which have issued or will issue
their own bonds to pay their Segment 2 costs shall,
severally and not jointly, hold Wayne harmless from any loss
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or liability in any way related to federal arbitrage 0
requirements.
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O 7. The parties hereto do hereby authorize their
respective chief executive officers, clerks, treasurers
and/or other officials, agents and employees to execute any
documents, including but not limited to escrow or custodial
agreements or other required documents and/or to take all
actions necessary or desirable to implement the Contract
and/or this Second Amendment.
8. It is acknowledged and agreed between the parties
hereto that the construction and financing of the Facilities
is a segmented project, with construction to be completed
over a period of years and financing to be accomplished by
various bond issues and/or cash payments. The cash payments
approved and authorized in this Second Amendment are
estimated to be sufficient to pay the local share cost of
Segment 2 of the Facilities. The total cost and scope of
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CANFIEL D, PADDOCK AND STONE the Facilities is presently estimated to be as set out in
the Exhibits attached to the Amendment, except that the last
current effective forms of Exhibits E-1, E-2 and E-3 shall
be as attached hereto. . All parties hereto shall
participate, in accordance with the applicable allocations
of cost as set forth in such Exhibits, in the payment for
the construction of the Facilities, until the Facilities are
completed. Consequently, it is anticipated that additional
amendments to the Contract will be required of all parties
hereto, as construction and financing of the Facilities
progresses. In the event that any party refuses to pay,
either in cash or through payments of debt service to retire
a bond issue, its share of the total cost of construction of
the Facilities, then Wayne may incorporate such refusing
party's allocated costs into the Rates for such refusing
party as a debt service charge, and no other party hereto
shall pay such costs. Further, Wayne shall have the right
to exercise other remedies provided by law or the Contract
as it in its discretion deems appropriate.
9. Any provisions of the Contract in conflict with
the provisions hereof are to the extent of such conflict
hereby rescinded and repealed, but all other provisions of
such Contract are hereby ratified and confirmed it being
the parties" intent that their full.. agreement as to the
financing, construction and operation of the Facilities
shall be embodied in the Contract and this Second Amendment,
unless and until further supplemented or amended by further
written agreement between the parties.
10. This Second Amendment shall inure to the benefit
of and be binding upon the respective parties hereto, their
successors and assigns.
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11. This Second Amendment shall become effective upon
approval of the legislative body of Wayne, of Oakland and of
each Local Unit a party hereto and when duly executed by the
appropriate_officer or officers of each such party. This
Second Amendment may be executed in several counterparts.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed as of the date and year first
above written.
By
Its
By
I ts
94863/0009/dwp15126.txt
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(done) December 1, 1989
October 1, 1989 .February 1, 1990
December 9, 1989 March 1, 1990
January 11, 1990 April 10, 1990
March 15, 1990 May 15, 1990
April 1, 1990 June 15, 1990
11117/RV PROJECT
SCHEDULE FOR SEGMENTS 2 AND 3
ecme
(done)
ITEM
Complete Plans and Specs, submit
to MCNR for approval
Submit Grant Application (including
A/E contract, approved Delegation
Agreement)
Receive Grant
Advertise for Bids
Open Bids
Deliver local funds to
Wayne County
Award Contracts
DATE
nt 2 Sent 3
November 15, 1989
Community Project Local
EXHIBIT E -1
$1114ARY OF ESTIMATED CONSTRUCTION COSTS
BY COMMUNITY
FOR 1,111V -RV PROJECT AND LOCAL IMPROVEMENTS
(All DoIlars in Thousands)
Segment 1
(comp. 1,2,3,4 0 8)
pely,R.V Project Local
Segment 2 Segment 3 Segments 1,2,3 Improvements
(comp. la , 5,6) (comp. 7,9) (All 9 Components) (from Ex. G, H)
Project Local • Project Local Project Local Project Local
Dearborn Hgts, 19.91 6,460 4,212 1,818 995 831 . 400 9,109 5,607 10,793 4,908
Garden City 0.00 0 0 0 0 0 0 0 0 737 424
Inkster 2.13 691 450 195 106 89 43 975 599 88 54
Livonia 18.67 6,058 3,950 1,704 933 779 375 8,541 5,258 6,091 3,394
. Northville 3.86 1,252 816 352 195 161 78 1,765 1,089 11 5
Novi 31.08 10,085 6,575 2,837 1,554 1,297 . 623 14,219 8,752 15 7
Plymouth 0.00 0 0 0 0 0 0 0 0 604 272
Redford Twp, 7.88 2,557 1,667 720 394 329 158 3,606 2,219 136 81
Romulus 0.00 0 0 0 0 0 0 0 0 50 31
Van Buren Twp, 2.60 844 550 237 129 108 52 1,189 731 TEID TBD
Wayne 5.25 1,704 1,111 479 262 219 105 2,402 1,478 145 89
Westland 8.62 2,797 1,824 787 431 360 173 3,944 2,428 1,701 1,018
WAYNE COUNTY 0.00 0 0 0 0 0 0 0 0 1,496 707
TOTAL 100.00% $32,448 $21.155 9,129 4,999 $4,173 $2,007 $45,750 $28,161 $21,867 $10,990
0T8D . To Be Developed
Construction costs for Segment 1 reflect as-bid prices, actual EPA grant eligibility determinations, executed construction
engineering contracts, and a contingency, For Segment 2 the construction costs reflect engineer's estimates based on detailed
design itOong with the proposed engineerng contract and a contingency, Segment 3 costs are preliminary englneerls estimates and
'Include ,7r...5% for engineering, administrative and contingency, EPA grant shares for Segment 2 and 3 are estimates,
09/06/89
Cs
EXHIBIT E-2
SUMMARY OF ESTIMATED PROJECT COSTS
FOR THE 111-1V/RV PROJECT
(All Dollari in Thousands)
Segment 1 Segment 2
(Components 1,2,3,4,8) (Components 1a,5,8) (Components 7,9)
Segment 3
LOCAL
NHV -RV PROJECT 1MPROYEMEHTS
Segments 1,2,3
(All 9 Components)
* * * to *
Project Local Project Local Project Local Project Local Project Local
1. Construction Costs
(from Exhibit E-I)$32,448 $21,155 $9,129 $4,999 $4,173 $2,007 $45,750 $28,161 $21,867 $10,990
2. FIFA Payback 648 648 0 0 0 . 0 648 648 0 0
3. Land Aqulsitlon 1,100 1,100 0 0 0 0 1,100 1,100 ? ?
, 4. Engineering Costs
Beyond Cash Advance 2,500 2,500 0 0 0 0 2,500 2,500 0 0
5. Force Account ( 1/2% of
construction cost) 106 54 39 17 16 8 161 79 0 0
Total $36,802 $25,457 $9,168 $5,016 $4,189 $2,015 $50,159 $32,488 $21,867 $10,990
**
Funds Already Delivered 25,913 456
Cs
456
Funds Due 11/15/89 4,560
Add 2% to loce costs to cover bond Issuance costs 1F Project Is financed through Wayne Countyo
Funds previously delivered under Segment •L
09/06/89
EXHIBIT E-3 •
SUMMARY OF ESTIMATED PROJECT COSTS BY COMMUNITY
FOR THE Pa1V/RV PROJECT
(All Dollars in Thousands)
TOTAL
LOCAL LOCAL
1111V/RV PROJECT IMPROVEMENTS SlriARE
Segment 1 Segment 2 Segment 3 Segments 1,2,3
(comp. 1,2,3,4,8) (comp. la ,5,6) (comp. 719) (All 9 Components) (From Ex. G & H)
Inkster 2.13 784 552 195 97 89 43. 1,068 692 88 54 746
Livonia 18.67 6,871 4,839 1,712 852 782 376 . 9,365 6,067 6,091 3,394 9,461
Northville 3.86 1,421 1,001 354 176 162 78 1,937 1,255 11 5 1,260
Nov'l ' 31.08 11,438 8,053 2,850 1,418 1,302 626 15,590 10,097 15 7 10,104
Plymouth 0.00 0 0 0 0 0 0 0 0 604 272 272
Redford Twp, 7.88 2,900 2,042 723 359 330 159 3,953 2,560 136 81 2,641
Romulus 0.00 0 0 0 0 0 0 0 0 50 31 31
Yen Buren Twp. 2.60 957 673 238 119 109 52 1,304 844 TBD TBD 844
Wayne 5.75 1,932 1,360 481 239 220 106 2,633 1,705 145 89 1,794
Westland 8.62 3,172 2,234 790 392 361 174 4,323 2,800 1,701 1,018 3,818
wAYNE COUNTY 0.00 0 0 0 0 0 0 0 0 j496 707 707 • ...2_ ,
** ***
TOTAL 100.00% $36,802 S25,913 $9,168 $4,560 $4,189 $2,015 $50,159 $32,488 $21,867 $10,990 $43,478
* * * * *
Community $ Project Local Project Local Project Local Project Local Project Local
Dearborn ligts. 19.91 $7,327 $5,159 $1,825 $908 $834 $401 $9,986 $6,468 $10,793 $4,908 $11,376
.' GArden City 0.00 0 0 0 0 0 0 0 0 737 424 424
Add 2% to iocai costs to cover bond issuance costs IF Project is financed through Wayne County. **
*A*Segmen tends already provIded.
Segment 2 funds due 03/15/90,,
180 = To Be OetermIned 09/06/89
EXHIBIT J.
A new relief sewer commencing at Beech Daly Road and
the Middle Rouge Interceptor and proceeding south on Beech
Daly Road to Wilson Avenue, thence west on Wilson Avenue to
Amboy Road, and a sewer•on -John Daly-Road from Wilson Avenue
to a point approximately 1900 feet south. MILLER, CANFiELD, PADDOCK AND SLONE 94863/0009/dwp15126.txt
'day of November —4-989
ALLEN, County Clerk/Register of LYW
Resolution #r 8,94/ November 9, 1989
Moved by Hobart supported by Crake the resolution be adopted.
AYES; Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch,
McPherson, Moffitt, Olsen, Papnageorge, Pernick, Rewold, Skarritt, Aaron, Caddell,
Chester, Crake, Ferrens, Gosling, Hobart, Jensen. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
i, Lynn 0. Allen, Clerk of the County of Oakland and having a seal,
do herehy certify that I have compared the annexed copy of the attached
rPsolution adopted by the pakiand County Board of Commissioners at their regular
meeting held on November-9 -, 1989
with the or record thereof now remaining in my of and
that it is a true and correct transcript therefrom, and of the
whole thereof. ,
In Testinony Whereof, I have hereunto set my hand and affixed the
seal or said County at Pontiac, Michigan •
this 9th