HomeMy WebLinkAboutResolutions - 1989.07.20 - 17277Miscellaneous Resolution 89176 July 20, 1989
BY: PLANNING AND BUILDING COMMITTEE - Anne M. Hobart, Chairperson
IN RE: DEPARTMENT OF PUBLIC WORKS - SOLID WASTE - AMENDMENT TO CONTRACT WITH
BISHOP, COOK, PURCELL & REYNOLDS FOR SOLID WASTE PROGRAM IMPLEMENTATION
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County is in the process of implementing a countywide
solid waste program including a resource recovery facility, material recovery
facilities, composting facilities and sanitary landfills; and
WHEREAS Oakland County entered into a contract approved by Miscellaneous
Resolution #88212 with Bishop, Cook, Purcell and Reynolds to act as project
manager for the implementation of the county's solid waste program; and
WHEREAS the resolution established a maximum on the contract of
$885,000; and
WHEREAS Oakland County is requesting to amend the contract to include
additional work at an estimated total of $1,018,844 which will bring the total to
$1,903,844.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby authorizes the Chairperson of the Oakland County Board of
Commissioners and the County Executive to execute the attached amendment in the
amount of $1,018,844 to the contract with Bishop, Cook, Purcell and Reynolds.
BE IT FURTHER RESOLVED that Bishop, Cook, Purcell & Reynolds will inform
the owner, in writing, when 40 (forty) percent of the contract amendment amount of
$1,018,844 has been expended (total contract expenditure levels reaching
$1,292,538 [$855,000 original amount plus 40% of $1,018,844]). Bishop, Cook,
Purcell & Reynolds will not expend beyond fifty (50) percent of the contract
amendment amount of $1,018,844 (total contract expenditure levels reaching
$1,394,422 [$885,000 original amount plus 50% of $1,018,844]) without prior
authorization of the Planning and Building Committee.
BE IT FURTHER RESOLVED that the total paid to Bishop, Cook, Purcell &
Reynolds for this contract including amendment shall not exceed $1,903,844.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move
the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
FISCAL NOTE July 20, 1989
BY FINANCE COMMITTEE, DR. G. WILLIAM CADDFILL, CHAIRPERSON
IN PE: DEPARTMENT OF PUBLIC WORKS - SOLID WASTE - AMENDMENT TO CONTRACT
WITH BISHOP, COOK, PURCELL, & REYNOLDS FOR SOLID WASTE PROGRAM
EMEN ATION
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has
reviewed Miscellaneous Resolution # and finds:
1) Pursuant to Miscellaneous Resolution #88212 the County entered
into a contract with Bishop, Cook, Purcell, & Reynolds to act as
project coordinator for implementation of the county-wide solid
waste program in an amount not to exceed $885,000,
2) Bishop, Cook, Purcell & Reynolds performed as project coordinator
at the cost of $326,844 for work through December 31, 1988,
3) The County has identified additional efforts in 1989 for Bishop,
Cook, Purcell, Reynolds in the amount of $1,577,000 included in
the Amendment Section #1,
4) This scope of work is consistent with Miscellaneous Resolution
#89126 Solid Waste - 1989 Professional Services Budget Amendment
with the expansion of an Education and Promotion component which
would have otherwise been contracted to another consultant,
5) The other amendments to the contract clear up ambiguity in the
contract language,
6) Funding for this contract amendment is available in the Solid
Waste Unit. Professional Services line item
(4-10100-141-15-00-3128) and it is recommended that the contract
be to amended in an amount not to exceed and $1,903,844 in total
of which $1,577,000 is for 1989.
7) This contract has been approved as to form by Corporation
Counsel.
8) The total contract as amended shall not exceed $1,903,844.
Bishop, Cook, Purcell & Reynolds is required to notify the county
when 40% of the amendment amount of $1,018,844 has been expended
at which time the Planning and Building Committee's approval is
necessary to spend beyond 50% of the amendment amount.
FINANCE COMMITTEE
fnswimplement
RESOLUTION # 89176 July 20, 1989
Moved by Hobart supported by Johnson the resolution be adopted.
AYES: Crake, Ferrens, Gosling, Hobart, Jensen, Johnson, S. Kuhn, Law,
Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick,
Price, Rewold, Skarritt, Wolf, Bishop, Caddell, Chester. (24)
NAYS: Aaron. (1)
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 and having a seal, do
hereby certify that I have compared the annexed copy of the attached resolution,
adopted by the Oakland County Board of Commissioners at their regular meeting
held on July 20 , 1989 with the original record thereof now remaining
on file in my office, and that it is a true and correct transcript therefrom,
and of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed the seal
of said County at Pontiac,Michigan this 20th day of July , 198g
D. ALLEN, County Clerk
Register of Deeds
Original Contract
This Amendment
Total Amount
Total Contract Amount
Prior Year (1988) Expenditure $ 326,844
$1,903,844
$ 885,000
1,018,844
$1,903,844
AMENDMENT
WHEREAS the Board by Miscellaneous Resolution #88212 approved a Contract for
Legal Consulting Services (the "Contract") by and between Oakland County, Michigan
(the "County") and Bishop, Cook, Purcell and Reynolds (the "Consultant"); and
WHEREAS the County and the Consultant wish to continue having Consultant
provide services; and
WHEREAS the County by Resolution #89126 approved the 1989 Solid Waste Program
1989 Budget redefining the Scope of Services.
NOW, THEREFORE, the parties hereto, each intending to be legally bound hereby
do mutually agree as follows:
1. The Contract is amended by adding a new Paragraph 13 to read as follows:
13) Scope of Services, 1989:
1989
TASK APPROPRIATION
1) Act 641 Assistance $ 32,000
2) Material Recovery Facility #1 265,000
3) Material Recovery Facility #2 75,000
4) Composting 20,000
5) Resource Recovery Facility #1
A) Project Management $ 345,000
B) Ash Handling 100,000
C) Financing & Rate Structure 75,000
Total Resource Recovery Facility #1 520,000
6) Resources Recovery Facility #2
(SCCIA Negotiations) 100,000
7) Landfill 10,000
8) Education/Promotion 100,000
9) Balance of Program
A) Infectious Waste 25,000
B) Demolition Waste 5,000
C) Industrial Waste 5,000
D) Coordination 270,000
E) Legislation-State & Federal 100,000
F) Miscellaneous 50,000
Total Balance of Program
Total 1989 Allocation
455,000
$1,577,000
-2)- The contractis amended by replacing section 8 to read as follows:
8) INDEMNIFICATION
CONSULTANT shall defend, indemnify and hold the County of
Oakland, its officials, employees and agents harmless from any and all
liability, loss or damage which may result from any and all claims,
. demands, costs, judgements or causes of action, including attorneys'
fees, arising solely from the action or omissions of CONSULTANT, its
officers, directors, employees of agents under this agreement.
CONSULTANT shall carry, at all times during the term of this
Contract, professional liability insurance coverage in the mind= amount
of $1,000,000. Such insurance shall be kept in force and not cancelled or
altered without thirty (30) days written notice to COUNTY.
3) The Contract is amended in Section 9 to read as follows:
9) FURTHER SUPPORT,
In the event that County becomes involved in any litigation with
third parties concerning or relating in any way to CONSULTANT'S services,
not covered by Section 8, whether such litigation occurs during or after
the term of the Project, or any other litigation with respect to the
Project, CONSULTANT agrees to make its officers and employees available to
COUNTY to consult, assist and cooperate in any such litigation, to the
extent such consultation, assistance and cooperation may be required by
COUNTY, at reasonable fees to be agreed upon by the parties hereto.
- 4) The contract is amended by adding section 14 as follows:
14) INDEPENDENT CONTRACTING
CONSULTANT represents and agrees that it is acting and shall
continue to be an independent contractor and that no liability or benefits
such as, but not limited to, Workmen's Compensation benefits, retirement
and pension benefits, or insurance benefits, or such other rights or
liabilities arising out of a contract of hire or employer -employee
relationship shall arise or accrue to either party as a result of this
agreement.
5) The contract is amended by replacing Section 4 with the following:
4) .CCMPENSATION
A. COUNTY agrees to pay, and CONSULTANT ayLees to accept, as
compensation for CONSULTANT'S services, the hourly rates for personnel set
forth below in subsection B, plus CONSULTANT'S out-of-pocket expenses set
forth in subsection C. The CONSULTANT shall provide itemized invoices,
commencing not later than 1938, which shall include the nature of work
performed, as related to a identifiable task, personnel involved, the
number of hours worked, the hourly rate for relevant personnel of
CONSULTANT and CONSULTANT'S out-of-pocket expenses. Invoices shall be
sent to
Milton Handorf
1 Public Works Drive
Pontiac, Michigan 43054-1695
CONSULTANT shall be paid, within sixty (60) days from the receipt
of the invoice, the value of the cumulative hourly charges and
out-of-pocket expenses. The County may in its sole, but reasonable,
discretion determine that a portion of any invoice shall be written
off, such amount not to exceed $2500 per month and shall notify the
Consultant periodically in writing of such amount. The Consultant,
upon receipt of the County's written request shall provide the
County with a credit for such amount on its next invoice. The
credit may cover time and/or costs. The Consultant shall be
notified in writing of any disputed amounts exceeding $2500 per
monthly invoice. Settlement of such differences shall be negotiated
by the Consultant and the County. COUNTY reserves the right to
refuse to pay any part of any invoice of CONSULTANT which is based
on an increase in the cost to prepare or revise documents resulting
from an error or omission of CONSULTANT.
B) The hourly rates of CONSULTANT shall be as incurred in
Exhibit A;
Exhibit A
James E. Jackson
Robert G. Varner
R. Stuart Broom
H. Lawrence Fox
Kenneth S. Barr
Randall D. Benn
Scott W. Clearwater
John P. Proctor
LaJuana S. Wilcher
Scott DuBoff
Lucile McConnell
Anika Martin
Roxanne Fulcher
190
065
060
140
060
140
165
080
060
070
190
120
135
020
225 William Coston
175 Mary Barlow
175 Jonathan Zitzman
225 Margaret A. Hill
145 Stephanie E. Bill
95 Joseph Kennedy
105 McNeil Watkins 11
185 Martin J. Marchaterre
145 Julia Watson
150 Thom Rhatigan
120 John C. Kirtland
070 Joseph O'Leary
060 Denise Larr
Bonnie Rivkin
Hourly rates shall remain as state above through December 31,
1989. It is understood that a standard work day that includes travel
shall no be billed for more than 8 hours. Thereafter, the rates shown
above may be increased annually up to five (5%) percent, with the
written approval of the County. Additional personnel may be added
upon written approval by the County.
C) Out of Pocket Expenses are defined as the actual reasonable
cost, excluding any mark-up of:
1) copy, duplicating or fascimile;
2) long distance telephone calls postage, or special delivery;
3) Long distance travel expense with air fare at coach rates, overnight
stay in the county at the Holiday Inn at the rate as negotiated by the
county if available and reasonable living expenses while providing
services to the county at the county's request outside of the
consultant'8-uffices;
4) Other reasonable costs as approved by the county.
The county reserves the right to review all out-of-pooket expenses for
reasonableness and at its sole discretion reduce any out-of-pocket
expense to a level it deems reasonable. The County will notify the
consultant in writing of the adjustment and credit will be issued in
the next invoice.
6) NOTICES/DESIGNATION
For the purposes of this contract the Project coordinator, and
designer for the CONSULTANT is:
H. Lawrence Fox
Bishop, Cook, Purcell, and Reynolds
1400 L. Street, N.W.
Washington, D,C. 20005-3502
and for the County:
Milton W. Handorf
or his designee
I Public Works Drive
Pontiac, MI. 48054-1695
IN WITNESS WHEREOF, County has caused this presents to duly excuted
and Consultant has caused these presents to be duly executed as of the day
and year first above written.
OAKLAND COUNTY, MICHIGAN
BY:
Roy Bewold, Chairperson
Oakland County Board of
Commissioners
ATTEST:
BISHOP, COOK, PURCELL & REYNOLDS
BY:
Partner
ATTEST:
contrrepl
purposes hereinafte described in paragraph 1, Scope of Services;
WHEREAS CONSULTANT has agreed to provide necessary legal
CONTRACT FOR LEGAL CONSULTING SERVICES
BY AND BETWEEN
OAMLAND COUNTY, MICHIGAN
BISHOP, COOK, PURCELL & REYNOLDS
THIS CONTRACT entered into as Of this day of
1988 by and between Bishop, Cook, Purcell & Reynolds (hereinafter
called the "CONSULTANT") and Oakland County, a political
subdivision of the State of Michigan, acting by and through its
Board of Commissioners (hereinafter called "COUNTY").
WITNESSETE:
. WHEREAS, COUNTY desires to engage CONSULTANT to provide
certain legal services in connection with the implementation of
the COUNTY"S Solid Waste Management Plan . (the "Plan"); and
WHEREAS, COUNTY is desirous of engaging CONSULTANT for
services . to the COUNTYand is uualified and experienced in this
area of -law and practice;-
NOW, THEREFORE, the parties hereto, each intending to be
-:legally bound hereby; do mutually agree as follows:
SCOPE OF SERVICES
CONSULTANT hereby agrees to perform some or all of the
following services as directed by the Oakland County: assist in
•i • the =identification and evaluation of various public policy issues
associated with the procurement and implementation of the Plan;
assist in the evaluation of feasibility studies and engineering
reports; assist in analysis of applicable statutory provisions
with respect to procurement, flow control, intergovernmental
agreements and other statutory provisions with respect to the
Plan's implementation; assist ifithe drafting and preparation of a
request for proposals: assist in the development of nroposal
- evaluation criteria; assist in the evaluation of vendor responses
to the request for proposals; provide analysis and comment on
other. documents related to the transaction; assist in the
drafting of the construction and service agreements and provide
legal analysis thereof; participate as requested in presentations
or discussions_ with COUNTY'S Board of Commissioners and other
interested parties; assist in negotiation of service and
construction agreements with selected vendor(s); analyze and
'evaluate alternative purchases of energy generated by the
facility; assist in the drafting and negotiation of provisions of
the power purchase agreement with the utility selected by COUNTY;
- 2 -
assist with the procurement of landfill, recycling and the parts
of the Plan, and assist with environmental permitting.
Particular areas of expertise and legal consultation may include
contracts, tax, insurance, energy, environmental, corporate and
COUNTY may direct CONSULTANT to perform such additional
services as may be desired by COUNTY.
2. PERSONNEL
•- • A. CONSULTANT represents that it has, or will secure
at it's own expense, all personnel required to perform the -
..services under this Contract. Personnel specifically shall
:include H. Lawrence Fox, Esq., James K. Jackson, Esq. and
Robert G Varner, Jr., Esq as principal attorneys, and as
approved by the County, other personnel from the list in
paragraph 4.3. Either H. Lawrence Fox, Esq., •
James K. Jackson, Esq.or Robert G. Varner, Jr., Es. shall
serve as the principal attorney in charge of all worked to be
--performed by CONSULTANT and shall be responsible for
coordinating all work to be performed by personnel of
CONSULTANT. CONSULTANT personnel shall not be employees of or
have any contractual relationship with COUNTY.
• E. All of the services required hereunder will he
• performed by CONSULTANT and under the direct supervision of
H. Lawrence Fox, Esq., James K. Jackson, Esq.
Robert G. Varner, sr., Esq. and all personnel ,engaged in the
work shall be fully qualified and shall be authorized or- -
permitted under state and local law to perfoilu such services.
C. None'of the work or services covered by this
Contract shall be subcontracted without the prior written
approval of COUNTY. -
3. TIME OF PERFORMANCE
A. It is understood and agreed between COUNTY and
CONSULTANT that time is of the essence and that during the
period of this Contract, CONSULTANT agrees to
in such sequence as to assure the expeditious
- tasks necessary to completion of the Project
purpose of this Contract, including, but not
perform services
completion of the
in the light of the
limited to, those
services specified in paragraph 1. CONSULTANT'S responsible are
subject to the provisions of this Contract with regard to
Termination as hereinafter provided.
B. CONSULTANT shall enter .upon the performance of -
• this Contract with all due diligence and dispatch and shall
exercise therein the highest degree of professional skill and
competence. The parties hereto agree that time is of the
essence for the performance of all phases of work . by CONSULTANT
and all other work products required hereunder. - •
- 4 -
'accept, as compensat
A. • COUNTY agrees to pay, and CONSULTANT agrees to
on for CONSULTANT'S services, the hourly
COMPENSATION
rates for personnel set forth below, plus CONSULTANT'S out-of
pocke
phone calls, postage and courier service, travel and reasonable
living expenses while engaged in providing services to COUNTY at
COUNTY'S request outside of CONSULTANT'S offices. The
CONSULTANT shall provide itemized invoices, commencing not later
than 1988, which shall include the nature of work performed,
personnel involved, the number of hours worked, the hourly rate
for relevant personnel of CONSULTANT and CONSULTANT'S out-of-
pocket expenses. Invoices shall he sent to
1200 N. Teach. Road
ti-r! Pnv rhp -irn -rqr,r
CONSULTANT shall be paid, within sixty (60) days from the .
receipt of the invoice, the value of the cumulative hourly
charges and out-of-pocket expenses. COUNTY reserves the right
to refuse to pay and part of any invoice of CONSULTANT which is
based on an increase . in the cost to prepare or revise documents
resulting from an error or omission of CONSULTANT. •
B. The hourly rates of CONSULTANT shall be set forth
below:
expenses, including cost of duplication, long distance
James K. Jackson 225
Robert G. Varner 175
R. Stuart Broom 175
H. Lawrence Fox 225
Kenneth S. Barr 145
Randall D. Benn 95
Scott W. Clearwater 105
Katherine H. Pam 105
John P. Proctor 125
LaJuana S. Wilcher 145
Scott DuBoff 150
Leah Allen 120
These hourly rates shall remain as state above through
- December 31, 1989. Thereafter, the rates shown above may be
increased annually up to five (5%) percent.
5. DOCUEZE7"
. A. All seLvices rendered and documents prepared by.
•
CONSULTANT shall conforia to applicable laws, statutes, . .
ordinances, rules and regulations, as well as the methods and
- procedures of all governmental boards, bureaus, offices,
commissions or other agencies.
- 6 -
B. All plans, specifications, survey notes,
calculations, contracts, legal memoranda, and all other
documents pertaining to the work required hereunder, prepared by
CONSULTANT in the performance of this Contract, shall be the
property of COUNTY.
C. CONSULTANT covenants and agrees. to have available
in Oakland County, Michigan, upon request by COUNTY, its books
and records for inspection by appropriate COUNTY officials
concerning charges, fees and costs under this Contract.
6. TERMINATION
A. COUNTY reserves the right to terminate this
Contract at any time, at its sole discretion, by giving
CONSULTANT ten (10) days prior written notice thereof. In such
event, and upon any tellilination of the Contract, all finished or
unfinished documents, contracts, data, studies, agreements and
reports orepared by CONSULTANT under the Contract shall become •
the property of COUNTY and CONSULTANT shall . be paid in full for
all services rendered by it to the effective date of such
termination plus all out-of-pocket costs incurred to that date.
Payment shall be made in accordance with Paragraph 4 above.
7. ASSIGNMENT
APR.
This Contract shall not be assigned or, assignable,
either by action of CONSULTANT or by law.
CONSULTANT shall indemnify, defend and hold harmless
INDEIMIFICATION
COUNTY, its officers, directors, and employees, from and against
1
any and all losses, claims, actions, damages, liability and
expenses, including, but not limited to those, in connection with
loss of life, bodily and personal injury or damage to property,
to- the extent they are occasioned by CONSULTANT'S negligent act.
or omission or the negligent act or omission of CONSULTANT'S
agents, subconsultants, employees or servants, in the
performance of this Contract.
CONSULTANT shall carry, at all times during the term of
this Contract, professional liability insurance coverage in the
minimum amount of"$1,000,000. Such insurance shall be kept in
force and not cancelled or altered without thirty (30) days
written notice to COUNTY.
9. FURTHER SUPPORT
In the event that COUNTY becomes involved in any .
litigation with third parties concerning or relating in any way
to CONSULTANT'S services, whether such litigation occurs during
ENFORCEABILITY
or after the tern of the Project, or any other litigation-with-.
respect to the Project, CONSULTANT agrees to make -its officers
and employees available to COUNTY to consult, assist and
cooperate in any such litigation, to the extent such
- .
consultation, assistance and cooperation may be required by
-COUNTY; at reasonable fees to be agreed upon by the parties
hereto.
10. NO DISCRIMINATION
CONSULTANT shall, not discriminate nor permit . • -
• discrimination against any employee because of sex, race, color,
• religion or national origin. In the event of such
:discrimination, COUNTY may terminate this Contract forthwith.
11. DISPUTES
7 This Contract shall be performed under the laws of the
. State of Michigan. Any litigation to enforce this contract or
any_of its provisions shall be brought in Oakland County,
Michigan. .
- COUNTY represents and warrants that this Contract has
been duly authorized by COUNTY'S Board of Commissioners.
OAKLAND COUNTY, YICHIGAN
BY:
Roy RewoH, Chairperson
Oakland County Board of Comidssioners
Partner-
BY:
ty A„..tc,,„ney
IN -.LTIESS. WHEREOF, COUNTY has caused these presents to be
ly executed. and CONSULTANT has caused these presents to be
duly executed as of the day and year first above written.
I .
•
BISHOP, COOK, PURCELL & REYNOLDS
A.PPROVED AS TO FORM:
- 1 0 -