HomeMy WebLinkAboutResolutions - 1988.03.23 - 17544Miscellaneous Resolution # VX)66, March 24, 1988
BY: PLANNING & BUILDING COMMITTEE, Anne M. Hobart, Chairperson
In Re: DRAIN COMMISSIONER/DEPARTMENT OF PUBLIC WORKS— .
EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SY 717MS .
POLLUTION CONTROL FACILITIES
TO THE OAXLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, pursuant to the provisions of Act 342,
Public Acts of Michigan, 1939, as amended (Act 342) the
Board of Commissioners of the County of Oakland have
heretofore, and from time to time, directed that there be
established, acquired, financed, maintained and operated
one or more county systems of water and sewer improvements
and services in the county, and determined and designated
the Drain Commissioner of the County to be the financing
agency of the County using the powers set forth in Act 342,
and the Department of Public Works to operate completed
systems; and •
WHEREAS, the county established under and pursuant
to Act No. 342, Public Acts of Michigan, 1939, as amended, a
system of sewage disposal improvements and services to serve
the areas and the Districts heretofore designated and
described in Oakland County, Michigan, in Resolutions No.
3269, 3435 and 4115 as the Evergreen Sewage Disposal
District and in Resolutions No 3270 and 3339 as the
Farmington Sewage 'Disposal District, (herein the
"Districts') which systems as so established were designated
as the "Evergreen and Farmington Sewage Disposal Systems",
and the Oakland County Drain Commissioner was designated and
appointed as the "County Agency" for said County Systems as
is provided by said Act 342; and
-WHEREAS, the State of Michigan Department of
Natural Resources designated the areas and districts served
by the Oakland County Evergreen and Farmington Sewage
Disposal Systems as a single plan of study area for the
purposes of Step I Facilities Planning and determined that
there is a need to obtain studies, reports, plans and
estimates for the abatement of pollution, control of
pollutants and polluting discharges, and the relief of both
the Evergreen and Farmington Sewage Disposal Systems and has
ordered that all elements of the Facilities Plan shall be
acquired and financed simultaneously in order to be eligible
for Federal and State grant funding; and
WHEREAS, under and subject to the terms of Act 342,
the county is authorized, through the County Agency, to
acquire and construct the sewage disposal improvements and
pollution control facilities hereinafter described as
improvements to the County systems, the county and the
several units of local government in the Districts are -
authorized to enter into a contract or contracts as
hereinafter provided, for the acquisition and construction
of the facilities by the county and for financing all or
part of the costs thereof by the issuance of one or more
series of bonds by the county secured by the pledge of the
full faith and credit. of each of the units of local
government to pay its proportionate share of the costs of
the facilities with interest to the county in installments
extending over a period not exceeding forty (40) years, and
the county is authorized to issue such bonds and, if
authorized by majority vote of the members-elect of its.
Board of Commissioners, to pledge its full faith and credit
for the payment of such bonds and the interest thereon; and
WHEREAS, the Step I Facilities Planning is
completed in which the needed pollution control facilities
in the Districts are designated as Segment 1• and Segment 2
with Stages in each Segment and on the basis thereof the
county and the units of local government desire to proceed
to acquisition, construction and financing of the proposed
Pollution Control Facilities for which several contractual
arrangements pursuant to Act 342 for design, construction
and financing are required with various combinations of the
units of local government in the Districts which are the
participants in and users of the Evergreen and Farmington
Sewage Disposal Systems (herein "Systems"); and
WHEREAS, the Facilities Plan and the provisions for
the issuance of Federal and State grants require contracting
with the City of Detroit which will provide at the expense
of Oakland County and/or Wayne County facilities and service
for the transportation and treatment of sewage from the
Districts served by the Systems; and
WHEREAS, the County Agency has obtained preliminary
plans for the several Stages of Segment 1 and Segment 2
(herein the "project") and also estimates of the total cost
of the several parts of the project and an estimate of forty
(40) years and upwards as the period of usefulness thereof,
all of which have been prepared by Hubbell, Roth & Clark,
Inc. (hereinafter sometimes referred to as the consulting
engineers) submitted herewith for approval by the Board of
Commissioners of the County and the governing bodies of the
several units of local government and placed on file in the
office of the County Agency, said estimates being set forth
in Exhibits attached to the several contracts with the units
of local government; and
WHEREAS, in order to provide for the accuisition
and construction of the facilities and projects for the
Systems by the county and the financing of the cost thereof
by the issuance of county bonds, and for other related
matters, it is necessary for the several units of local
government and the County to enter contractual arrangements
set forth in forms of documents submitted herewith; and
WHEREAS, the several units of local government are
each in urgent need of such sewage disposal improvements and
pollution control facilities to provide the means of
collecting and disposing of their sanitary sewage and in
order to abate pollution of the waters of the state and thus
to promote the health and welfare of the residents thereof,
which improvements and facilities would likewise benefit the
county and its residents, and the parties hereto have
concluded that such improvements and facilities can be most
economically and efficiently provided and financed by the
county through the exercise of the powers conferred by Act
342, and especially Sections 5a, 5b and 5c thereof; and
WHEREAS, is necessary, for the same reasons,
that the county acting by and through its Department of
Public Works contract with the City of Detroit for
transportation and treatment of sewage emanating from the
Districts and finance the same by the issuance of revenue
bonds of the county; and
WHEREAS, the forms of documents requiring approval
by and authorization to execute from the Board of
Commissioners, as submitted herewith have each been approved
by the County Drain Commissioner as County Agent named
pursuant to Act 342, by the County Department of Public
Works and by the Planning and Building Committee of the
Board of Commissioners and have each been approved on behalf
of the several units of local government named as Parties
and are further specifically described hereinafter.
THEREFORE,- BE IT - RESOLVED BY THE BOARD OF
COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as follows:
1. The AGREEMENT, EVERGREEN AND FARMINGTON SEWAGE
DISPOSAL SYSTEMS POLLUTION CONTROL FACILITIES, BEVERLY
HILLS, dated as of March 1, 1988, between the County, by and
through its County Drain Commissioner as County Agency, and
the Village of Beverly Hills and the Exhibit A, pages I and
2 and Exhibit B, each dated February, 1988, and attached
thereto, which agreement has been submitted to this Board of
Commissioners, be and the same is hereby approved and
adopted, and the County Drain Commissioner be and he hereby
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 agreement has been
executed by the appropriate officials of the Village. A
copy of said Agreement as submitted shall be filed by the
County Clerk with this resolution.
2. The EVERGREEN-FARMINGTON SEWAGE DISPOSAL
-SYSTEMS-POLLUTION CONTROL FACILITIES-SOUTHFIELD-FARMINGToN
HILLS-CONTRACT, dated as of March 1, 1988, between the
County by and through its County Drain Commissioner, as
County Agency, and the City of Southfield and City of
Farmington Hills and the Exhibit A, Exhibit B, pages 1 and 2
and Exhibit C, marked February, 1988, each attached thereto,
which Contract has been submitted to this Board of
Commissioners, be and the same is hereby approved and
adopted, and the County Drain Commissioner be and he hereby
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 agreement has been
executed by the appropriate officials of the two cities. A
copy of said Contract as submitted shall be filed by the
County Clerk with this resolution.
3. The DETROIT-OAKLAND AGREEMENT FOR USE OF
CERTAIN DETROIT SEWERS FOR THE EVERGREEN-FARMINGTON
DISTRICT, AMENDMENT NO. 1, between the City of Detroit by
and through its Board of Water Commissioners and the County
by and through its County Executive Department of Public
Works, which is an amendment to an earlier Agreement between
the said parties dated August 29, 1984, which Amendment No.
1 has been submitted to this Board of Commissioners, be and.
the same hereby is approved and adopted, and the Chairman of
the Board of Commissioners and the County Executive be and
they each hereby are authorized and directed to execute and
deliver the same for and on behalf of the County, after the
Amendment No. 1 has been executed by the appropriate
officials of the City of Detroit. A copy of said Amendment
No. 1 shall be filed by the County Clerk with this
resolution.
Mr. Chairperson, on behalf of the Planning and
Building Committee, I move adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
1 HEMY APPROVE THE FOREGOING RESOLUTION
. . ,
Dmrifei tnAurph, Couray EXOCytiVO Dattz
EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS
POLLUTION CONTROL FACILITIES
SOUTHFIELD AND FARMINGTON HILLS
CONTRACT
THIS CONTRACT, made and entered into as of the
first day of March , 1988, by and between 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 SOUTHFIELD and CITY OF
FARMINGTON HILLS, each an Home Rule city corporation in said
county and state (hereinafter sometimes referred to as the
"cities"), parties of the second part.
WITNESSET H:
WHEREAS, the Oakland County Board of Supervisors by
resolution, Misc. No. 3269, adopted August 12, 1957, as
amended by resolution, Misc. No. 3435, adopted October 13,
1958, did approve the establishment of the Evergreen Sewage
Disposal System (herein called the 'Evergreen System") to
serve the Evergreen Sewage Disposal District (herein called
the "Evergreen District"), within which District are
included areas in each of the municipal corporations
- hereinafter named; and
WHEREAS, pursuant to the Evergreen Sewage Disposal
System Agreement, dated November 10, 1958, as amended by
amendatory agreements dated December 22, 1958 and February
9, 1959, all between the County of Oakland and the Cities of
Southfield, Birmingham, Bloomfield Hills, Lathrup Village
and Troy, the Village of Westwood (now Village of Beverly
Hills), and the Townships of Bloomfield and Pontiac,
municipal corporations in said County of Oakland, the said
county acting through its Department of Public Works, did
acquire the original Evergreen Sewage Disposal System and
did finance such acquisition by the issuance of bonds in
anticipation of payments to be made by said municipal
corporations to the county in accordance with the provisions
of said Agreement, as amended (herein referred to as the
"Evergreen Agreement"); and
WHEREAS, the Oakland County Board of Supervisors by
resolution, Misc. No. - 4115, adopted March 6, 1963, did
enlarge the Evergreen District to include all of the Village
of Franklin and all of the Village of Bingham Farms within
the area to be served by the Evergreen System; and
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WHEREAS, the Oakland County Board of Supervisors by
resolution, Misc. No. 3270, adopted August 12, 1957, as
amended by resolution, Misc. No. 3339, adopted January 24,
1953, did approve the establishment of the Farmington Sewage
Disposal System (herein called the "Farmington System") to
serve the Farmington Sewage Disposal District (herein called
the "Farmington District") within which District are
included areas in each of the municipal corporations
hereinafter named; and
WHEREAS, pursuant to the Farmington Sewage Disposal
System Agreement, dated November 1, 1957, as amended by
amendatory agreements dated December 22, 1958 and February
9, 1959, all between the County of Oakland and the Cities of
Southfield and Keego Harbor and the Townships of West
Bloomfield and Farmington (now City of Farmington Hills),
municipal corporations in said County of Oakland, the said
county acting thru its Department of Public Works, did
acquire the original Farmington Sewage Disposal System and
did finance such acquisition by the issuance of bonds in
anticipation of payments to be made by said municipal
corporations to the county in accordance with the provisions
of said Agreement, as amended (herein referred to as the
"Farmington Agreement"); and
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WHEREAS, by annexation of part of the former
Township of Farmington the City of Farmington has become a
user of the Farmington System and has area included in the
Farmington District: and
WHEREAS, by contractual relationships with members
of the Farwington System, the City of Sylvan Lake and the
City of Orchard Lake Village have become users of the
Farmington System; and
WHEREAS, the State of Michigan Department of
Natural Resources designated the areas and districts served
by the Oakland County Evergreen and Farmington Sewage
Disposal Systems as a single plan of study area for the
purposes of Step I Facilities Planning and determined that
there is a need to obtain studies, reports, plans and
estimates for the abatement of pollution, control of
pollutants and polluting discharges, and the relief of both
the Evergreen and Farmington Sewage Disposal Systems; and
WHEREAS, the county established under and pursuant
to Act No. 342, Public Acts of Michigan, 1939, as amended, a
system of sewage disposal improvements and services to serve
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the areas and the districts heretofore designated and
described in Oakland County, Michigan, in Resolutions No.
3269, 3435 and 4115 as the Evergreen Sewage Disposal
District and in Resolutions No. 3270 and 3339 as the
Farmington Sewage Disposal District, which system as so
established was designated as the "Evergreen and Farmington
Sewage Disposal System" and the Oakland County Drain
Commissioner was designated and appointed as the "County
Agency" for said County systems with all the powers and
duties with respect to said County systems as are provided
by law and especially by said Act 342; and
WHEREAS, under and subject to the terms of Act 342,
the county is authorized, through the County Agency, to
acquire and construct the sewage disposal improvements and
pollution control facilities hereinafter described as the
County systems, the county and the cities are authorized to
enter into a contract, as hereinafter provided, for the
acquisition and construction of the systems by the county
and for financing all or part of the cost thereof by the
issuance of bonds by the county secured by the pledge of the
full faith and credit of the cities to pay such cost with
interest to the county in installments extending over a
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period not exceeding forty (40) years, and the county is
authorized to issue such bonds and, if authorized by
majority vote of the members-elect of its Board of
Commissioners, to pledge its full faith and credit for the
payment of such bonds and the interest thereon; and
WHEREAS, the cities are in urgent need of such
sewage disposal improvements and pollution control
facilities to provide the means of collecting and disposing
of sanitary sewage of the cities, in order to abate
pollution of the waters of the cities and thus to promote
the health and welfare of the residents thereof, which
improvements and facilities would likewise benefit the
county and its residents, and the parties hereto have
concluded that such improvements and facilities can be most
economically and efficiently provided and financed by the
county through the exercise of the powers conferred by Act
342, and especially Sections 5a, 5b and 5c thereof; and
WHEREAS, the county and the cities desire to
proceed with acquisition and construction of facilities
using a combination, of Federal and State grant moneys and
local funds as needed for a part of the proposed Pollution
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Control Facilities as shown on Exhibit "A" hereto attached,
for which part contractual arrangements for design,
construction and financing are required only with the two
cities among all of the municipalities named herein above as
participants in and users of the Evergreen and Farmington
Sewage Disposal Systems (herein "Systems"); and
WHEREAS, the County Agency has obtained preliminary
plans for the County systems and also an estimate of $
as the total cost of the systems and an estimate of forty
(40) years and upwards as the period of usefulness thereof,
all of which have been prepared by Hubbell, Roth & Clark,
Inc. (hereinafter sometimes referred to as the consulting
engineers) submitted herewith for approval by the Board of
Commissioners of the County and the city councils of the
cities and will be placed on file in the office of the
County Agency, said estimates being set forth in Exhibit B
hereunto attached; and
WHEREAS, in order to provide for the acquisition
and construction of the systems by the county and the
financing of the cost thereof by the issuance of county
bonds, and for other related matters, it is necessary for
the parties hereto to enter into this contract.
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THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE
COVENANTS OF EACH OTHER, THE PARTIES HERETO AGREE AS
FOLLOWS:
1. The parties hereto do hereby approve and agree
to the establishment, acquisition, construction and
financing of the Evergreen and Farmington Sewage Disposal
Systems, as herein provided, under and pursuant to Act 342.
The cities by way of compliance with Section 29, Article
VII, Michigan Constitution of 1963, consent and agree to the
establishment and location of the systems within the
corporate boundaries of each and to the use by the county of
its streets, highways, alleys, lands, rights-of-way or other
public places for the purpose and facilities of the systems
and any improvements, enlargements or extensions thereof,
and the cities further agree that, in order to evidence and
effectuate the foregoing agreement and consent, each will
execute and deliver to the county such grants of easement,
right-of-way, license, permit or consent as May be requested
by the county. In addition, the City of Southfield grants
the same rights to use of its streets, highways, alleys,
lands, rights-of-way or other public places to the City of
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Detroit for location and construction of facilities to
connect the Evergreen and Farmington Sewage Disposal Systems
to the transportation facilities of the DETROIT SYSTEM, as
provided in the DETROIT-OAKLAND AGREEMENT FOR USE OF CERTAIN
DETROIT SEWERS FOR THE EVERGREEN-FARMINGTON DISTRICT entered
into simultaneously herewith between the CITY OF DETROIT and
the COUNTY CF OAKLAND.
2. The Evergreen and Farmington Sewage Disposal
Systems Pollution Control Facilities to be acquired,
constructed and financed hereunder shall consist of the
facilities shown on Exhibit A which is hereunto attached and
which is hereby made a part hereof, and as are more
particularly set forth in the preliminary plans which have
been prepared and submitted by the consulting engineers,
which plans are on file with the County Agency and are
hereby approved and adopted. The particular facilities
herein involved are to be acquired in two segments in two
years as follows:
1988 Segment #1
1989 Segment #2
Stage 1 and Stage 2
Stage 3 and Stage 4 and
Stage 7 South Part
These segments are herein sometimes referred to as the
"Project". The Project shall be acquired and constructed.
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substantially in accordance with the said preliminary plans
and in accordance with final plans and specifications to be
prepared and submitted by the consulting engineers, but
variations therefrom which do not materially change the
location, capacity or overall design of the Project, and
which do not require an increase in the total estimated cost
of the Project, may be permitted on the authority of the
County Agency. Other variations or changes may be made if
approved by the County Agency and by resolution of the
Councils of the Cities and if provisions required by
Paragraph 8 hereof are made for payment or financing of any
resulting increase in the total estimated cost. The
estimate of cost of the Project and the estimate of period
of usefulness thereof as set forth in Exhibit B are likewise
hereby approved and adopted.
3. The County Agency shall take or cause to be
taken all actions required or necessary, in accordance with
Act 342, to procure the issuance and sale of bonds by the
County, in one or more series, in whatever aggregate
principal amount is necessary to be so financed to defray
that part of the total cost to the county of the Project
which is in excess of funds available from Federal and/or
State grants or other sources. Such bonds shall be issued
in anticipation of, and be payable primarily from, the
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payments to be made by the cities to the county as provided
in this contract, and shall be secured secondarily, if so
voted by the Board of Commissioners of the county, by the
pledge of the full faith and credit of the county, and the
said bonds shall be payable in annual maturities the last of
which shall be not more than forty (40) years from the date
thereof.
4. The County Agency shall proceed to take
construction bids for the Project and, subject to the sale
and delivery of said bonds, enter into construction
contracts with the lowest responsible bidder or bidders,
procure from the contractors all necessary and proper bonds,
cause the Project to be constructed within a reasonable
time, and do all other things required by this contract and
the laws of the state of Michigan. All certificates for
required payments to contractors shall be approved by-the
consulting engineers before presentation to the County
Agency and the latter shall be entitled to rely on such
approval in making payment.
The county hereby agrees that it will secure, or
cause to be secured, and maintained during the period of
construction adequate property damage and public liability
insurance covering all facilities to be constructed pursuant
to this contract. All policies and memoranda of insurance
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shall provide that the county and the cities shall be
insured parties thereunder and shall contain a provision
requiring that the cities be notified at least ten days
prior to cancellation thereof. One copy of each policy and
memorandum of insurance shall be filed with the cities.
5. It is understood and agreed by the parties
hereto that the systems facilities are to serve the cities
and not the individual property owners and users thereof,
unless by special arrangement between the County Agency and
the cities. It is the responsibility of each of the Cities
to require connection to and use of the facilities of the
systems and to provide such additional facilities, as may be
needed, so that the cities shall require connection to and
use of the facilities shall cause to be constructed and
maintained, directly or through . the county, any such
necessary additional facilities. The county shall not be
obligated hereunder to acquire or construct anyfacilities
other than those designated in paragraph 2 hereof.
6. The cities shall pay to the county the total
cost of the Project, less such funds as may become available
from Federal and/or State grants or from other sources, in
local shares and for population equivalent assignments and
cubic feet per second capacity equivalent assignments as
described in paragraph 12 hereof and on Exhibit C hereunto
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attached. The total cost for this purpose shall include, in
addition to the items of the nature set forth in Exhibit B
(represented by the principal amount of the bonds to be
issued by the county plus such funds as may become available
from Federal and/or State grants or 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"). Such payment
shall be made to the county in annual or semi-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 or semi-
annual interest date. Such installments shall be so paid in
each year, if any principal and/or non-capitalized interest
on said 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 all such principal and/or
interest thus falling due and all bond service charges then
due and pay- able. The County Agency shall, within thirty
days after delivery of the county bonds to the purchaser,
furnish the Treasurer of each of the cities with a complete
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schedule of the principal and interest maturities thereon,
and the County Agency shall also, at least thirty days
before each payment is due to be made by the cities, advise
the said Treasurer of the amount payable to the county on
such date. If either of the cities fails to make any
payment to the county when due, the same shall be subject to
a penalty of 1% 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 the cities from the
obligation to make payment when due. Such payments shall be
made by the cities when due whether or not the system has
then been completed or placed in operation but neither of
the cities is responsible for any payment due from the
other. 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, it being understood
that at all times the obligations of the cities to pay
hereunder shall not be less than the amount of the county
bonds outstanding and unpaid plus interest thereon.
7. The cities may pay in advance any amount
payable to the county pursuant to this contract and in that
event shall be credited therefor on future-due amounts as
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may be agreed by the parties hereto., The cities may also
pay in advance any one or more installments or any part
thereof (a) by surrendering to the county any of said county
bonds of like principal amount with all future-due coupons
attached thereto, or (b) by paying to the county in cash the
principal amount of any county bonds which are subject to
redemption prior to maturity, plus all interest thereon to
the first date upon which such bonds may be called for
redemption, and plus all applicable call premiums and bond
service charges, and in such event the County Agency shall
call said bonds for redemption at the earliest possible
date. The installments or parts thereof so prepaid shall be
deemed to be the installments or parts thereof falling due
in the same calendar year as the maturity dates of the bonds
surrendered or called for redemption and bonds and coupons
so surrendered or redeemed shall be cancelled.
8. In the event that it shall become necessary to
increase the estimated cost of the Project as hereinbefore
stated, or if the actual cost of the system shall exceed the
estimated cost, whether as the result of variations or
changes permitted or needed to be made in the approved plans
or otherwise, then (without execution of any further
contract or amendment of this contract) the Councils of the
cities may, by resolution adopted within fifteen days after
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the receipt of construction bids, direct that a portion of
the Project not yet acquired or constructed and not under
contract to acquire or construct be deleted sufficient to
reduce the total cost to an amount which shall not exceed
the total estimated cost of the Project, as hereinbefore
stated, by more than 5%; provided that such deletion shall
not materially change or terminate the eligibility of the
Project for Federal and/or State grants, or change the
general scope, overall design, and purpose of the Project.
In the adoption of such a resolution the cities shall pay or
procure the payment of the increase or excess up to said 5%
in cash or shall agree that county bonds in an increased or
additional amount shall (upon adoption of an authorizing
resolution therefor by the Board of Commissioners) be issued
to defray such increased or excess cost, to the extent that
funds therefor are not available from other sources. Where
the effect of any increase in estimated cost of the Project
or of any excess of actual cost over estimated cost would be
to cause the total cast of the Project to exceed by more
than 5% its total estimated cost as hereinbefore stated, the
county shall not enter into any new or further contract or
change order for acquisition or construction of the Project
or any part thereof or incur any new or further obligation
for or pay any new or further item of cost thereof until the
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councils of the cities shall have adopted a resolution
approving such increase or excess and agreeing that the same
(or such part thereof as is not available from other
sources) shall be paid or its payment procured by the cities
in cash or be defrayed by the issuance of increased or
additional county bonds in anticipation of increased or
additional payments agreed to be made by the cities or
either of them to the county in the manner hereinbefore
provided: Provided, further, that the adoption of such
resolution by the councils of the cities shall not be
required prior to or as a condition precedent to the
issuance of additional bonds by the county, if the county
has previously issued or contracted to sell bonds to pay all
or part of the cost of the Project and the issuance of the
additional bonds is necessary (as determined by the county)
to pay such increased, additional or excess costs as are
essential to completion of the Project according to the
plans as last approved prior to the time when the previous
bonds were issued or contracted to be sold.
9. In the event that the actual cost of the
Project is less than the total estimated cost, then any
surplus available to the county from the sale of county
bonds shall, at the option of the councils of the cities, be
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used either to improve, enlarge or extend the systems or to
apply upon future payments due to the county, or to redeem
bonds maturing or callable for payment within one year or to
purchase bonds of any maturity on the open market, provided
that such surplus shall be used to improve, enlarge or
extend the systems only if authorized by the Board of
Commissioners. Any such surplus may, for the purpose of
improving, enlarging or extending the systems, be
supplemented by cash payments to be made by the cities or ,by
the proceeds of additional county bonds, or such
improvements, enlargements or extensions may be financed
entirely from such cash payments, where authorized by the
councils of the cities. Where any such surplus is used to
redeem or purchase bonds, the same shall be cancelled, and
the payments thereafter required to be made by the cities to
the county shall be reduced so as to reflect the resulting
saving of interest and the payment required to be made by
the cities in the calendar year of the stated maturity of
said bonds shall be reduced by the principal amount thereof.
10. Should either of the cities fail for any
reason to pay the county at the times specified, the amounts
herein required to be paid, each of the cities does hereby
authorize the State Treasurer or other official charged with
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the disbursement of unrestricted state funds returnable to
the cities pursuant to the Michigan constitution to withhold
sufficient funds to make up any default or deficiency in
funds. If the full faith and credit of the county is
pledged for the prompt payment of the principal of and
interest on the bonds to be issued by the county and if the
county is required to advance any money by reason of such
pledge on account of the delinquency of either of the
cities, the County Treasurer is hereby authorized to notify
the State Treasurer to deduct the amount of money so
advanced by the county from any unrestricted moneys in the
State Treasurer's possession belonging to such of the cities
and to pay such amount to the county.
The foregoing shall not operate to limit the
county's right to pursue any other legal remedies for the
reimbursement of moneys advanced on account of the default
of either of the cities.
al. The cities, pursuant to the authorization
of section 5a of Act No. 342, do each hereby pledge its full
faith and credit for the prompt and timely payment of its
obligations expressed in this contract and shall each year
levy a tax, within applicable tax limitations in an amount
-19-
which, taking into consideration estimated delinquencies in
tax collections, will be sufficient to pay its obligations
under this contract as a first budget obligation becoming
due before the time of the following year's tax collections:
Provided, however, that if at the time of making its annual
tax levy, the cities or either of them shall have on hand
cash or other funds which have been set aside and pledged or
are otherwise available for the payment of such contractual
obligations falling due prior to the time of the next tax
collection, then the annual tax levy may be reduced by such
amount. The council of each of the cities shall each year,
at least 90 days prior to the final date provided by law for
the making of the annual tax levy, submit to the County
Agency a written statement setting forth the amount of its
obligations to the county which become due and payable under
this contract prior to the time of the next following year's
tax collections, the amount of the funds which each of the
cities has or will have on hand or to its credit in the
hands of the county which have been or will be set aside and
pledged for payment of said obligations to the county, and
the amount of the cities taxes next proposed to be levied
for the purpose of raising money to meet such obligations.
The county Agency shall promptly review such statement and,
if he finds that the proposed tax levy is insufficient, he
-20-
shall so notify the councils of the cities and each of the
cities hereby covenants and agrees that it will thereupon
increase its levy to such extent as may be required by the
County Agency.
12. As shown on Exhibits A and C, the Pollution
Control Facilities to be acquired by completion of the
Project are to supplement, improve, extend and enlarge the
systems as parts of the Evergreen System and the Farmington
System and will serve additional population and provide
additional capacity in each of the cities in the proportions
shown on Exhibit C. The provisions of the Evergreen
Agreement and of the Farmington Agreement, to the extent not
specifically amended or eliminated hereby, shall apply to
the total systems when completed and placed in operation and
shall continue in full effect including any rights now or
hereafter existing by contract on behalf of the systems by
the county with the City of Detroit and/or the County,of
Wayne relative to treatment or transportation of sanitary
wastewater and other pollution control activities.
As indicated on Exhibit A, there are other
Pollution Control Facilities proposed by the Step
Facilities Planning (herein "future facilities") as well as
-21--
the facilities described in paragraph 2 hereof as Segment #1
and Segment #2 (herein "current facilities"). Even though
the cities are the only units of local government now
contracting with the county, it is understood that by reason
of the Evergreen Agreement and the FaLwington Agreement and
because of the Step I Facilities Planning, all of the units
of local government named hereinabove as parties to those
Agreements (herein "system participants") or as users or
potential users of the systems are entitled to a share of
capacity in, and may be obligated to participate in sharing
the cost of, and in using, the Proposed Pollution Control
Facilities or any part or parts thereof (including this
Project). Such participation shall be administered by the
county in dividing and assigning (1) shares of population to
be served, (2) capacity to be available and (3) costs to be
shared and the decisions of the county in this regard shall
be final. However, no system participant shall be
permitted by the county to use any increased systems
capacity made available to it beyond its originally
purchased system capacity as a result of the construction of
the facilities provided for herein and paid for by the
cities or by action of the county in dividing and assigning,
as above, nor to add to or enlarge the Districts within the
boundaries of such system participant unless and until said
-22-
system participant has made payment in such amount as is
determined by the county. Said payment shall include all
construction related costs and administrative costa incurred
by the cities associated with the increment of additional
system capacity utilized by the system participant and shall
include interest equal to the interest amount paid by the
cities in connection with the financing of the facilities
provided for herein. Said payment shall be made in cash
to, or by contract to pay with, the county. Payments so
received by the county shall be credited as appropriate to
the cities. The county further agrees annually to monitor
and/or audit system flows generated from within each system
participant to ensure that the cities receive proper
reimbursement as provided for above and the county agrees to
provide the results of said audit to the cities and the
system participants.
13. This contract is contingent upon the county
issuing its negotiable bonds as herein provided, to defray
such part of the total estimated cost of the system as is
necessary to be financed, which bonds shall be issued under
the authorization provided in Section 5a, 5b and 5c of said
Act 342. Interest on the bonds shall be capitalized and
paid from the bond proceeds for a period not exceeding the
estimated construction period and one year thereafter. In
the event that the bonds are not issued within three years
from the date of this contract, then unless extended by
-23-
mutual agreement it shall become null and void, except that
the cities shall pay a share of all engineering, legal and
other costs and expenses theretofore incurred as part of
Step I Facilities Planning and hereunder and shall be
entitled to all plans,
data and materials,
adopted by the cities
pertaining thereto.
specifications and other engineering
and other units of local government
as provided in resolutions heretofore
14. Upon completion of the Project the county and
the cities hereby agree that the operation and maintenance
of all of the facilities of the systems shall be carried on
and continued in the same fashion and manner as integral
parts of the systems as provided in paragraph 5 hereof and
as are now in existence and in effect pursuant to the
Evergreen Agreement and the Farmington Agreement, with costs
thereof billed, collected and paid as at present.
If a grant, advance or payment becomes available
from the State or Federal governments or any other source, '
the cities hereby agree to adopt such resolutions or
ordinances as may be required by State or Federal laws,
regulations or orders to make the County of Oakland and the
systems and Districts eligible to accept and receive the
-24-
grant, advance or payment, and if the terms of the grant,
advance or payment require a local contribution, the cities
hereby agree to raise and contribute its share thereof as
herein provided.
It is anticipated between the parties hereto that
the Project to be built shall qualify for a segmented
Federal grant in accordance with the Code of Federal
Regulations, Part 40 Sec. 35.2108. For purposes of
financing the Project, it is anticipated that the Project
shall be eligible for Federal grants with respect to Segment
#1 and Segment #2 in the amounts as noted on Exhibit B. The
applicant, Oakland County, in accordance with the
requirements of said Sec. 35.2108, agrees to complete the
Project regardless of whether or not grant funding is
available for both Segments, in accordance with the
requirements of said Sec. 35.2108, except that the Project
shall not be commenced unless a grant of at least 55% of the
eligible cost of Segment #1 of the Project is received.
15. The county shall have no obligation or
responsibility for providing facilities except as herein
expressly provided with respect to the acquisition of the
Project or as otherwise provided by contract. The cities
-25--
shall have the authority and the responsibility to provide
such other facilities and shall have the right to expand the
facilities of the systems by constructing or extending
sewers or related facilities, connecting the same to the
systems, and otherwise improving the systems. It is
expressly agreed, nevertheless, that no such connection
shall be made to the systems and no improvements,
enlargements or extensions thereof shall be made without
first securing a 'permit therefor from the County Agency.
Any such permit may be made conditional upon inspection and
approval of new construction by the County Agency. It is
further agreed that the systems shall be used for collection
and conveyance of sanitary sewage only and that the cities
shall take all necessary action to prevent entry into the
systems of storm waters (except as permitted in the
Evergreen Agreement or the Farmington Agreement) and also to
prevent entry of sewage or wastes of such a character as to
be injurious to the system or to the public health and
safety.
16. All powers, duties and functions vested by
this contract in the county shall be exercised and performed
by the County Agency, for and on behalf of the county,
unless otherwise provided by law or in this contract. The
-26--
County Agency shall prepare, with the aid of its
consultants, such covenants, representations and warranties
and have adopted by officials of the county and of the
cities such procedures for construction, accounting, payment
and operating as are necessary to comply with the
requirements of state and federal law in order to create and
maintain the obligations of the cities and of the county
under this contract and with respect to the bonds as valid
and binding obligations and in order to create and maintain
the bonds as tax-exempt obligations under state and federal
income tax law. Such covenants, representations and
warranties and such procedures shall be evidenced by and set
forth in certificates or resolutions prepared for the County
Agency which the cities and the county all hereby agree to
approve, execute and adopt at or prior to issuance and
delivery of any bonds.
17. The parties hereto recognize that the holders
from time to time of the bonds to be issued by the county
under the provisions of Act 342, and secured by the full
faith and credit pledge of the cities to the making of the
payments as set forth in this contract, will have
contractual rights in this contract, and it is therefore
covenanted and agreed that so long as any of said bonds
shall remain out- standing and unpaid, the provisions of
-2 7--
this contract shall not be subject to any alteration or
revision which would in any manner adversely affect either
the security of the bonds or the prompt payment of principal
or interest thereon. The right to make changes in this
contract, by amendment, supple- mental contract or
otherwise, is nevertheless reserved insofar as the same do
not have such adverse effect. The parties hereto further
covenant and agree that they will each comply with their
respective duties and obligations under the teLms of this
contract promptly, at the times and in the manner herein set
forth, and will not suffer to be done any act which would in
any way impair the contract of said bonds, the security
therefor, or the prompt payment of principal and interest
thereon. It is hereby declared that the terms of this
contract and of any amendatory or supple- mental contract
and any contract entered into pursuant hereto, insofar as
they pertain to said bonds or to the payment of the security
thereof, shall be deemed to be for the benefit of the
holders of said bonds.
18. In the event that any one or more of the pro-
visions of this contract shall for any reason be held to be
invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect
-28-
any other provisions hereof, but this contract shall be
construed as if such invalid, illegal or unenforceable
provision has never been contained herein.
19. This contract shall become effective upon its
execution by each party hereto and the expiration of 45 days
after the date of publication of the notice 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 either of the cities in accordance with the
provisions of said Section 5b of Act 342, then this contract
shall not become effective as to that one of the cities
until approved by the vote of a majority of the electors of
that one of the cities qualified to vote and voting thereon
at a general or special election. This contract shall
terminate forty (40) years from the date hereof oron 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.
-29-
CITY OF FARMINGTON HILLS
By
'City Manager
William M, Costick
y Clerk
oAn R. Reynolds
20. The Contract, dated as of July 1, 1984, and
the Contract, dated as of October 1, 1986, each between the
parties hereto and bearing the same name and title are each
hereby cancelled and replaced in the entirety by this
Contract.
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 SOUTHFIELD
ByZ-21
City Clerk
PAT Fumotem CITYCaRK
CRM/09192/0036/AA9/2
-30-
EXHIBIT 'A
SEGMENT STAGES
II - 345&7S
UAA
5 z.)csTANa auTERce9ToRs
E'XISTMIC MAJOR PUMP STA T/ON MO FORCE 4,13:6
PROPOE'D PUMP !,MPROVEMENTS
pRoposgo puktP STATi(Th ,4NO FORCE MAW
OPCISfi YOWIEL SEWER ) NO PIPE
UECot4MENDEP TERCt7PTOR iMPROVEMENT55 s[zEs
n FT' $EwfR A9Ea. SEPARATiOH, RE TEWNON
2
MLLEs
:0?,1PREHErs,ISIVE FACILITiES PLAN
OAKLAND COUNTY, MICHIGAN
EVE RGFiCEN FARritHGTON
POLLUTIOU CONTROL FACILATIES
PROPOSED POLLUTION CONTRO
lutoEit...Rani a
4E PAq
FACILITIES
jAN, ?9as C. ARK.4NC
ESTIMATE OF COST
EVERGREEN-FARMINGTON POLLUTION CONTROL FACILITIES
SEGMENT 1 - Stages 1 & 2
6337 L.F. 66" Tunnel Sanitary Sewer @ $915.00 per L.F. = $ 5,798,355.00
1630 L.F. 54" Tunnel Sanitary Sewer @ 743.00 per L.F. = 1,211,090.00
1599 L.F. 48" Sanitary Sewer @ 200.00 per L.F. = 319,800.00
252 L.F. 30" Sanitary Sewer @ 121.00 per L.F. = 30,492.00
623 L.F. 27" Sanitary Sewer @ 108.00 per L.F. = 67,284.00
2644 L.F. 24" Sanitary Sewer @ 115.00 per L.F. = 304,060.00
3968 L.F. 21" Sanitary Sewer @ 110.00 per L.F. = 436,480.00
1619 L.F. 18" Sanitary Sewer @ 92.00 per L.F. = 148,948.00
2243 L.F. 15" Sanitary Sewer @ 84.00 per L.F. = 188,412.00
24 L.F. 12" Sanitary Sewer @ 81.00 per L.F. = 1,944.00
370 C.F. 10" Sanitary Sewer @ 72.00 per L.F. = 26,.640.00
5037 L.F. 42" Force Main @ 161.00 per L.F. = 810,957.00
L.S. Kendallwood Retention Tank = 7,755,000.00
L.S. Murwood Pump Station Expansion =. 1,723,000.00
L.S. Sewer Road Crossings 117,700.00
L.S. Manholes & Manhole Connections 663,600.00
L.S. Misc. Structures 94,300.00
L.S. 8 Mile Road Overflow Connection = 398,600.00
L.S. 6" House Lead Reconnections = 60,100.00
L.S. 12" Water Main Connection = 33,500.00
L.S. Road Widenings, Culverts, etc. = 125,300.00
Estimated Construction Contract Cost
Engineering Plans & Specifications
Construction Inspection
Construction Layout
Step 3 Engineering Services
Easement & Land Cost
Administration, Legal, Financial
Soil Borings
Facilities Planning & Phase I SSES
Value Engineering
Contingencies -
Total Estimated Cost - Segment 1
Estimated Federal Grant
TOTAL ESTIMATED LOCAL COST - SEGMENT 1
(Excluding Interest & Financing Costs)
= $ 20,315,562.00
970,000.00
770,000.00
240,000.00
800,000.00
530,000.00
380,000.00
15,000.00
475,080.00
35,000.00
1,969,358.00
= $ 26,500,000.00
= $ 12,650,000.00
= $ 13,850,000.00
EXHIBIT "B"
Page 1 2/88
ESTIMATE OF COST
EVERGREEN-FARMINGTON POLLUTION CONTROL FACILITIES
SEGMENT 1 - Stages 1 & 2
6337 L.F. 66" Tunnel Sanitary Sewer @ $915.00 per L.F. $ 5,798,355.00
1630 L.F. 54" Tunnel Sanitary Sewer @ 743.00 per L.F. 1,211 /090.00
1599 L.F. 48" Sanitary Sewer @ 200.00 per L.F. = 319/800.00
252 L.F. 30" Sanitary Sewer @ 121.00 per L.F. = 30/492.00
623 L.F. 27" Sanitary Sewer @ 108.00 per L.F. = 67,284.00
2644 L.F. 24" Sanitary Sewer @ 115.00 per L.F. = 304,060.00
3968 L.F. 21" Sanitary Sewer @ 110.00 per L.F. = 436 /480.00
1619 L.F. 18" Sanitary Sewer @ 92.00 per L.F. = 148,948.00
2243 L.F. 15" Sanitary Sewer @ 84.00 per L.F. = 188,412.00
24 L.F. 12" Sanitary Sewer @ 81.00 per L.F. 1,944.00
370 L.F. 10" Sanitary Sewer @ 72.00 per L.F. = 26,640.00
5037 L.F. 42" Force Main @ 161.00 per L.F. = 810,957.00
L.S. Kendallwood Retention Tank = 7,755,,000.00
L.S. Murwocd Pump Station Expansion =•1,723,000.00
L.S. Sewer Road Crossings 117,700.00
L.S. Manholes & Manhole Connections 663 /600.00
L.S. Misc. Structures 94,300.00
L.S. 8 Mile Road Overflow Connection = 398/600.00
L.S. 6" House Lead Reconnections = 60,100.00
L.S. 12" Water Main Connection = 33/500.00
L.S. Road Widenings, Culverts, etc. = 125,300.00
Estimated Construction Contract Cost = $ 20,315,562.00
Engineering Plans & Specifications . 970,000.00
Construction Inspection = 770/.000.00
Construction Layout . 240,000.00
Step 3 Engineering Services . 800,000.00
Easement & Land Cost = 530,.000.00
Administration, Legal, Financial . 380,000.00
Soil Borings . 15,000.00
Facilities Planning & Phase I SSES = 475,080.00
Value Engineering = 35,000.00
Contingencies . 1,,969/358.00
Total Estimated Cost - Segment 1
Estimated Federal Grant
TOTAL ESTIMATED LOCAL COST - SEGMENT 1
(Excluding Interest & Financing Costs)
$ 26,500,000.00
$ 12,650,000.00
= $ 13,850,000.00
EXHIBIT "B"
Page 1 2/83
SEGMENT 2 Stages 34 44 &,7 South
6530 L.F. 54" Tunnel Sanitary Sewer @ $720.00 per L.F. = $ 4,701,600.00
5103 L.F. 54" Tunnel Sanitary Sewer @ 578.00 per L.F. = 2,949,534.00
620 L.F. 42" Sanitary Sewer @ 200.00 per L.F. .. 124,000.00
160 L.F. 42" River Crossing @ 370.00 per L.F. = 59,200.00
8634 L.F. 30" Sanitary Sewer @ 171.00 per L.F. = 1,4764414.00
385 L.F. 30" River Crossing @ 290.00 per L.F. --= 1114650.00
4646 L.F. 27" Sanitary Sewer @ 128.00 per L.F. = 5944688.00
8745 L.F. 24" Sanitary Sewer @ 100.00 per L.F. = 874,500.00
3811 L.F. 21" Sanitary Sewer @ 69.00 per L.F. . 262,959.00
4150 L.F. 18" Sanitary Sewer @ 111.00 per L.F. = 460,650.00
594 L.F. 18" Sanitary Sewer @ 74.00 per L.F. = 43,956.00
2244 L.F. 15" Sanitary Sewer @ 106.00 per L.F. = 237,864.00
3714 L.F. 15" Sanitary Sewer @ 74.00 per L.F. = 274 4 836.00
220 L.F. 12" Sanitary Sewer @ 74.00 per L.F. = 16,280.00
3705 L.F. 12" Sanitary Sewer @ 58.00 per L.F. = 214,890.00
5289 L.F. 10" Sanitary Sewer @ 72.00 per L.F. . 380808.00
75 L.F. 10" River Crossing @ 140.00 per L.F. = 104500.00
4408 L.F. 6" House Lead Connections @ 55.00 per L.F. = 242,440.00
1034 L.F. 6" House Lead Connections @ 48.00 per L.F. . 49,632.00
1305 L.F. 12" Force Main @ 59.00 per L.F. = 76,995.00
860 L.F. 8" Force Main @ 47.00 per L.F. . 40,420.00
L.S. Misc. Tunnel Sewer Crossings = 4714400.00
L.S. Manholes . 1,422,180.00
L.S. Structures = 351,500.00
L.S. Culverts,. Headwalls, etc. = 1394 900.00
L.S. 11 Mile Rd-- Pebble Creek, Pump Station = 312,300.00
L.S. Beech Rd.- Rouge River Pump Station = 290 4800.00
L.S. Abandon Pump Station = 53,800.00
Estimated Construction Contract Cost
Engineering Plans and Specifications
Construction Inspection
Construction Layout
Step 3 Engineering Services
Easement & Land Cost
Administration,. Legal, Financial
Soil Borings '
Value Engineering
Contingencies
= $ 16,2454696.00
800,000.00
660,000.00
440,000.00
550,000.00
9504000.00
580,000.00
20,000.00
= 40,000.00
1,6144304.00
= $ 21,900,000.00 Total Estimated Cost - Segment 2
Estimated Federal Grant = $ 10,000,000.00
TOTAL ESTIMATED LOCAL COST - SEGMENT 2 = $ 1149004000.00
(Excluding Interest and Financing Costs)
I hereby estimate the period of usefulness of this
project to be 40 years and upwards. Cost estimates are based
on projected ENR cost index at 4771 for April, 1989.
M. 0. Waring, P.E. No. 9775
EXHIBIT "B"
Page 2 2/88
100.00
29.43*
Project Total
Stage Local Cost
1 $ 6.648M
2 7.202M
Share
$ 6.648M
2.120M
Share
0 0
70.57* $ 5.082M
$13.850M $ 8.768M $ 5.082M
MIIIISOMMEME1411118906196
Total Both
Segments $25.750M $11.520M $14.230M
COST SHARES BASED ON ALLOCATION CF ALL COSTS
D AND FARMINGTON HILLS TO CITIES OF SOUTHF
Excluding Interest and Financing Costs)
SEGMENT 1
Farmington Hills Southfield
SEGMENT 2
3 Main $ 5.8I9M 29.43* $ 1.713M 70.57* $ 4.106M
3 Local 1.404M 0 0 100.00 1.404M
4 1.039M 100.00 1.039M 0 0
7 South 3.638M 0 0 100.00 3.638M
$11.900M $ 2.752M $ 9.148M
* Based on Southfield additional 33.98 cfs (70.57%)
and Farmington Hills 14.17 cfs (29.43%)
EXHIBIT "C" 2/88
AGREEMENT
EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS
POLLUTION CONTROL FACILITIES
BEVERLY HILLS
THIS AGREEMENT, made as of this 1st day of February',
1988, by and between the COUNTY OF OAKLAND, a Michigan
county corporation (hereinafter called the "county"), by and
through its County Drain Commissioner, (hereinafter referred
to as the "County Agency"), party of the first part and the
VILLAGE OF BEVERLY HILLS, .a municipal corporation in the
County of Oakland (hereinafter called the "village"), party
of the second part:
WITNESSET H:
WHEREAS, the Oakland County Board of Supervisors by
Resolution, Misc, No. 3269, adopted on August 12, 1957, as
amended by Resolution, Misc. No. 3435, adopted on October
13, 1958, did approve of establishment of the Evergreen
Sewage Disposal System to serve the Evergreen Sewage
0
Disposal District; and
WHEREAS, pursuant to the Evergreen Sewage Disposal
System Agreement, dated November 10, 1958, as amended by
amendatory agreements dated December 22, 1958 and February
9, 1959, all between the County of Oakland and the Cities of
Birmingham, Bloomfield Hills, Lathrup Village, Troy and
Southfield, the Village of Westwood (now Beverly Hills) and
the Townships of Bloomfield and Pontiac, municipal corpora-
tion in said County of Oakland, the said County, acting
through its Department of Public Works, did acquire the
original Evergreen System and did finance such acquisition
by the issuance of bonds in anticipation of payments to be
made by said municipal corporations to the County in accor-
dance with the provisions of said agreement, as amended
(herein referred to as the "Base Agreement"); and
WHEREAS, the Oakland County Board of Supervisors by
resolution, Misc. No. 3270, adopted August 12, 1957, as
amended by resolution, Misc. No. 3339, adopted January 24,
1958, did approve the establishment of the FaLwington Sewage
Disposal System (herein called the "Farmington System") to
serve the Farmington Sewage Disposal District (herein called
the "FaLmington District") within which District are
included areas in each of the municipal corporations herein-
after named; and
-2-
WHEREAS, pursuant to the Farmington Sewage Disposal
System Agreement, dated November 1, 1957, as amended by
amendatory agreements dated December 22, 1958 and February
9, 1959, all between the County of Oakland and the Cities of
Southfield and Keego Harbor and the Townships of West
Bloomfield and Farmington (now City of Farmington Hills),
municipal corporations in said County of Oakland, the said
county acting thru its Department of Public Works, did
acquire the original Farmington Sewage Disposal System and
did finance such acquisition by the issuance of bonds in
anticipation of payments to be made by said municipal
corporations to the county in accordance with the provisions
of said Agreement, as amended (herein referred to as the
"Farmington Agreement"); and
WHEREAS, by annexation of part of the former Town-
ship of Farmington the City of Farmington has become a user
of the Farmington System and has area included in the
Farmington District; and
WHEREAS, by contractual relationships with members
of the Farmington System, the City of Sylvan Lake and the
City, of Orchard Lake Village have become users of the
Farmington System; and
-3--
WHEREAS, the State of Michigan Department of
Natural Resources designated the areas and districts served
by the Oakland County Evergreen and Farmington Sewage
Disposal Systems as a single plan of study area for the
purposes of Step I Facilities Planning and determined that
there is a need to obtain studies, reports, plans and
estimates for the abatement of pollution, control of
pollutants and polluting discharges, and the relief of both
the Evergreen and Farmington Sewage Disposal Systems; and
WHEREAS, the county established under and pursuant
to Act No. 342, Public Acts of Michigan, 1939, as amended, a
system of sewage disposal improvements and services to serve
the areas and the districts heretofore designated and
described in Oakland County, Michigan, in Resolutions No.
3269, 3435 and 4115 as the Evergreen Sewage Disposal
District and in Resolutions No. 3270 and 3339 as the
Farmington Sewage Disposal District, which system as so
established was designated as the "Evergreen and Farmington
Sewage Disposal Systems" and the Oakland County Drain
Commissioner was designated and appointed as the "County
Agency" for said County systems as are provided by law and.
especially by said Act 342; and
-4--
WHEREAS, under and subject to the terms of Act 342,
the county is authorized, through the County Agency, to
acquire and construct the sewage disposal improvements and
pollution control facilities hereinafter described as the
County systems, the county and the village are authorized to
enter into a contract, as hereinafter provided, for the
acquisition and construction of the systems by the county
and for financing all or part of the cost thereof by the
issuance of bonds by the county secured by the pledge of the
full faith and credit of the village to pay such cost with
interest to the county in installments extending over a
period not exceeding forty (40) years, and the county is
authorized to issue such bonds and, if authorized by
majority vote of the members-elect of its Board of Commis-
sioners, to pledge its full faith and credit for the payment
of such bonds and the interest thereon; and
WHEREAS, the village is in urgent need of such
sewage disposal improvements and pollution control
facilities to provide the means of collecting and disposing
of sanitary sewage of the village, in order to abate
pollution of the waters of the village and thus to promote
-5-
the health and welfare of the residents thereof, which
improvements and facilities would likewise benefit the
county and its residents, and the parties hereto have
concluded that such improvements and facilities can be most
economically and efficiently provided and financed by the
county through the exercise of the powers conferred by Act
342, and especially Sections 5a, 5b and Sc thereof; and
wHEREAs, the Step I Facilities Planning is
completed in which the needed pollution control facilities
are designated as stage 5 of Segment 2 and on the basis
thereof the county and the village desire to proceed into
Step II and Step III, using a combination, as for step I, of
Federal and state grant moneys and local funds as needed for
a part of the proposed Pollution Control Facilities as shown
on revised Exhibit A-1988 hereto attached, for which part
contractual arrangements for design, construction and
financing are required only with the village among all of
the municipalities named hereinabove as participants in and
users of the Evergreen and Farmington Sewage Disposal
Systems (herein "Systems"); and
WHEREAS, the County Agency has obtained preliminary
plans for the said Stage 5 of Segment 2 (herein the
-6-
"project°) and also a revised estimate of $ 800,000.00
as the total cost of the project and an estimate of forty
(40) years and upwards as the period of usefulness thereof,
all of which have been prepared by Hubbell, Roth & Clark,
Inc. (hereinafter sometimes referred to as the consulting
engineers) submitted herewith for approval by the Board of
Commissioners of the County and the village council of the
-
village and placed on file in the office of the County
Agency, said estimates being set forth in revised Exhibit
3-1988 hereunto attached; and
WHEREAS, in order to provide for the acquisition
and construction of the systems by the county and the
financing of the cost thereof by the issuance of county
bonds, and for other related matters, it is necessary for
the parties lireto to enter into this contract.
THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE
PARTIES HERETO, as follows:
1. The preliminary plans and specifications for
the project as prepared by the consulting engineers, are
hereby approved and adopted, and the revised estimate of
-7-
cost thereof is approved and adopted in the amount as set
forth on revised Exhibit B-1988 hereto attached. The said
project shall consist of local relief sewers, new pump
stations and force main and improvements to existing pump
stations all located approximately as set forth and
generally shown on revised Exhibit A-1988 hereto attached.
The said plans and specifications and estimate of cost shall
r
be submitted to the county board of commissioners, together
with an order or resolution approved by the County Agency,
providing for the issuance of bonds by the county as herein-
after provided, in an aggregate principal sum not exceeding
the amount of the capital cost as hereinafter defined. If
such bond order or resolution shall be adopted by said board
of commissioners, then the County Agency shall proceed to
secure bids for the construction of the project, to secure
bids for the purchase of the bonds, to award construction
contracts and to issue the bonds, and shall cause the pro-
ject to be constructed within a reasonable time thereafter.
2. The said project is designed for, and shall be
used for, the collection and transportation of sanitary
sewage only. Said project may be divided into sections by
the County Agency for the purpose of construction and the
letting of construction contracts.
-8-
The project shall be acquired and constructed
substantially in accordance with the said preliminary plans
and in accordance with final plans and specifications to be
prepared and submitted by the consulting engineers, but
variations therefrom which do not materially change the
location, capacity or overall design of the project, and
which do not require an increase in the total estimated cost
of the project, may be permitted on the authority of the
County Agency. Other variations or changes may be made if
approved by the County Agency and by resolution of the
CoUncil of the village -and if provisions required by Para-
graph 6 hereof are made for payment or financing of any
resulting increase in the total estimated cost.
The county hereby agrees that it will secure, or
cause to be secured, and maintained during the period of
construction adequate property damage and public liability
insurance covering all facilities to be constructed pursuant
to this agreement. All policies and memoranda of insurance
shall provide that the county and the village shall be
insured parties thereunder and shall contain a provision
requiring that the village be notified at least ten days
prior to cancellation thereof. One copy of each policy and
memorandum of insurance shall be filed with the village.
-9-
3. The pollution control facilities of said
project being an extension of the Evergreen and Farmington
Sewage Disposal Systems and being a part of the ultimate
county system to serve the Evergreen and Farmington Sewage
Disposal Districts, as enlarged, the provisions of
paragraphs 3 thru 5 and 11 thru 18 of the Base Agreement
shall continue in full force and effect notwithstanding this
Agreement. The said project is designed so that the
facilities thereof will serve the areas in the Village of
Beverly Hills, now included in said Evergreen and Farmington
Sewage Disposal Districts, . as enlarged. Properties within
said village to be served by said facilities shall be
connected thereto only upon such tetlas and conditions as are
prescribed by the village and as may be appropriate, in
addition to the terms and conditions prescribed in the Base
Agreement. No areas not in said village shall be served by
or connected to said facilities except by agreement of the
parties hereto in writing. The county or the village shall
not permit the discharge into said facilities of any sewage
in violation of the Base Agreement.
4. Said village shall pay to the county, to cover
the capital cost of the project, a sum equal to 100% of the
capital cost thereof less such part thereof as may be paid
by Federal and/or State grants.
-10-
The term "capital cost" as above used, shall
include all items of cost set forth in revised Exhibit
3-1988 attached hereto and any changes thereto and any other
or additional items of cost, of a similar type or nature, as
may be set forth in any further revision of Exhibit B agreed
to by the parties hereto, incurred by the county in acquir-
ing and constructing the project.
If a grant, advance or payment becomes available
from the State or Federal governments or any other source,
the village hereby agrees to adopt such resolutions or
ordinances as may be required by State or Federal laws,
regulations or orders to make the County of Oakland and the
systems and Districts eligible to accept and receive the
grant, advance or payment, and if the terms of the grant,
advance or payment require a local contribution, the village
hereby agrees to raise and contribute its share thereof as
herein provided.
It is anticipated between the parties hereto that
the project to be built shall qualify for a segmented
Federal grant in accordance with the Code of Federal Regula-
-11--
tions, Part 40 Section 35.2108. For purposes of financing -
the project, it is anticipated that the project shall be
eligible for Federal grants with respect to Stage 5,
Segment 2 in the amounts as noted on Exhibit 3-1988. The
applicant, Oakland County, in accordance with the require-
ments of said Section 35.2108, agrees to complete the
project regardless of whether or not grant funding is
available for the project, in accordance with the
requirements of said Section 35.2108, except that the
project shall not be commenced unless a grant of at least
- 55% of the eligible cost of seyment #1 of the Pollution
Control Facilities described in the Step I Facilities Plan
is received.
5. The village shall pay to the county the total
cost of the Project, less such funds as may become available
from Federal and/or State grants or from other sources. The
total cost for this purpose shall include, in addition to
the items of the nature set forth in Exhibit 8-1988
(represented by the principal amount of the bonds to be
issued by the county plus such funds as may become available
from Federal and/or State grants or 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
-12-
on account of said bonds (such fees, expenses and charges
being herein called "bond service charges"). Such payment
shall be made to the county in annual or semiannual
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 or
semiannual interest date. Such installments shall be so
paid in each year, if any principal and/or noncapitalized
interest on said bonds falls due during the twelvemonth
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 all such principal
and/or interest thus falling due and all bond service
charges then due and payable. The County Agency shall,
within thirty days after delivery of the county bonds to the
purchaser, furnish the Treasurer of the village with a
complete schedule of the principal and interest maturities
thereon, and the County Agency shall also, at least thirty
days before each payment is due to be made by the village,
advise the said Treasurer of the amount payable to the
county on such date. If the village fails to make any
payment to the county when due, the same shall be subject to
a penalty of 1% thereof for each month or fraction thereof
-13--
' 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 the village from the
obligation to make payment when due. Such payments shall be
made by the village when due whether or not the system 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, it being understood that at all times
the obligation of the village to pay hereunder shall not be
less than the amount of the county bonds outstanding and
unpaid plus interest thereon.
6. The village may pay in advance any amount
payable to the county pursuant to this contract and in that
event shall be credited therefor on future due amounts as
may be agreed by the parties hereto. The village may also
pay in advance any one or more installments or any part
thereof (a) by surrendering to the county any of said county
bonds of like principal amount with all future due coupons
attached thereto, or (b) by paying to the county in cash the
-14-
principal amount of any county bonds which are subject to
redemption prior to maturity, plus all interest thereon to
the first date upon which such bonds may be called for
redemption, and plus all applicable call premiums and bond
service charges, and in such event the County Agency shall
call said bonds for redemption at the earliest Vssible
date. The installments or parts thereof so prepaid shall be
deemed to be the installments or parts thereof falling due
in the same calendar year as the maturity dates of the bonds
surrendered or called for redemption and bonds and coupons
so surrendered or redeemed shall be cancelled.
7. In the event that it shall become necessary to
increase the estimated cost of the Project as hereinbefore
stated, or if the actual cost of the system shall exceed the
revised estimated cost, whether as the result of variations
or changes permitted to be made in the approved plans or
other- wise, then (without execution of any further contract
or amendment of this contract) the council of the village
may, by resolution adopted within fifteen days after the
receipt of construction bids or receipt of notice of
increased actual cost pay or procure the payment of the
increase or excess in cash, or county bonds in an increased
-15.-
or additional' arriount 'shall (upon 'adoption of an authOri'zing
.resolution therefor by the Board of Commissioners) be -issued
to defray such increased or excess cost, to the extent that
funds therefor are not available from other sources:
Provided, however, that the adoption of such resolution by
the council of the village shall not be required prior to or
as a condition precedent to the issuance of additional bonds
by the county, if the county has previously issued or
contracted to sell bonds to pay all or part of the cost of
the Project and the issuance of the additional bonds is
necessary as determined by the county) to pay such
increased, additional or- excess costs as are essential to
completion of the Project according to the plans as last
approved prior to the tithe When the previous bonds were
issued or contracted to be sold..
8. The installment payments mentioned in para-
graph 5 above shall be computed upon the revised estimated
cost until the actual cost has been determined. If the
actual cost shall be less than the revised estimated cost,
then any surplus from the sale of bonds therefor shall be
used to purchase such bonds on the open market, and in such
event the aggregate installment from the village in the year
-16-
or in each of the years in which the bonds so purchased
mature, shall be reduced by the principal amount of such
bonds and the village shall be credited. Any bonds so
purchased shall be cancelled. As an alternative, by agree-
ment of the parties hereto, such surplus may be used for
further extensions in the village. The estimated cost above
referred to shall be that set forth in revised Exhibit
B-1988 hereto or as revised prior to the issuance of bonds.
If the actual cost shall be greater than the revised
estimated cost, then the additional amount shall be charged
to the village and the several then remaining installments
for the village shall be increased accordingly.
. 9. The village does hereby pledge its full faith
and credit for the prompt payment of the aforesaid obliga-
tions and shall each year levy a tax within applicable tax
limitations in an amount which, taking into consideration
estimated delinquencies in tax collections, will be
sufficient for the prompt payment of its obligations falling
due under this agreement as a first budget obligation before
the time of the following year's tax collection, unless at
the time of making such annual levy there shall be cash on
hand or other funds which are available or pledged or
-17-
earmarked for the payment of the current obligations for
which the tax levy is to be made, in which case the annual
tax levy may be reduced by that amount. Funds for which
credit may be so taken, may be raised in the manner provided
in Section 5a of said Act 342, Public Acts of 1939, as now
existing or here- after amended.
10. The county shall issue its negotiable bonds to
defray the capital cost of said project, which bonds shall
be secured primarily by the full faith and credit pledge of
the village under this agreement and secondarily by the full
faith and credit pledge of the County.
This agreement is contingent upon the county
issuing its negotiable bonds as herein provided, to defray
such part of the total estimated cost of the project as is
necessary to be financed, which bonds shall be issued under
the authorization provided in Section 5a, 5b and 5c of said
Act 342. Interest on the bonds shall be capitalized and
paid from the bond proceeds for a period not exceeding the
estimated construction period and one year thereafter. In
the event that the bonds are not issued within three years
from the date of this agreement, then unless extended by
-18-
mutual agreement it shall become null and void, except that
the village shall pay a share of all engineering, legal and
other costs and expenses theretofore incurred as part of
Step I Facilities Planning and hereunder and shall be
entitled to all plans, specifications and other engineering
data and materials, as provided in resolutions heretofore
adopted by the village and other units of local government
pertaining thereto.
11. Upon completion of the project the county and
the village hereby agrees that the operation and maintenance
of all of the facilities of the systems shall be carried on
and continued in the same fashion and manner as integral
parts of the systems as are now in existence and in effect
pursuant to the Evergreen Agreement and the Farmington
Agreement, with costs thereof billed, collected and paid as
at present. The village covenants and agrees to require the
connection to and use of all facilities of the systems by
all premises in the village from which sanitary sewage
emanates now or hereafter and to impose and collect sewage
disposal fees and charges for such connection and use from
all residents and users in the village.
-19-
12. The county shall have no obligation or
responsibility for providing facilities except as herein
expressly provided with respect to the acquisition of the
project or as otherwise provided by agreement. The village
shall have the authority and the responsibility to provide
such other facilities and shall have the right to expand the
facilities of the systems by constructing or extending
sewers or related facilities, connecting the same to the
systems, and otherwise improving the systems. It is
expressly agreed, nevertheless, that no such connection
(other than individual tapins) shall be made to the systems
and no improvements, enlargements or extensions thereof
shall be made without first securing a permit therefor from
the County Agency. Any such perAt may be made conditional
upon inspection and approval of new construction by the
County Agency. It is further agreed that the systems shall
be used for collection and conveyance of sanitary sewage
only and that the village shall take all necessary action to
prevent entry of sewage or wastes of such a character as to
be injurious to the system or to the public health and
safety.
-20-
13. All powers, duties and functions vested by
this agreement in the county shall be exercised and
performed by the County Agency, for and on behalf of the
county, unless otherwise provided by law or in this
agreement.
14. The parties hereto recognize that the holders
from time to time Of the bonds to be issued by the county
under the provisions of Act . 342, and secured by the full
faith and credit pledge of the village to the making of the
payments as set forth in this agreement, will have
contractual rights in this agreement, and it is therefore
covenanted and agreed that so long as any of said bonds
shall remain outstanding and unpaid, the provisions of this
agreement shall not be subject to any alteration or revision
which would in any manner adversely affect either the
security of the bonds or the prompt payment of principal or
interest thereon. The right to make changes in this
agreement, by amendment, supplemental agreement or
otherwise, is nevertheless reserved insofar as the same do
not have such adverse effect. The parties hereto further
covenant and agree that they will each comply with their
-21-
respective duties and obligations under the terms of this
agreement promptly, at the times and in the manner herein
set forth, and will not suffer to be done any act which
would in any way impair the agreement of said bonds, the
security therefor, or the prompt payment of principal and
interest thereon.
15. The provisions of this agreement shall not be
modified or terminated so as to impair the security of any
bonds issued by the county upon the full faith and credit
pledges of the village. It is hereby declared that the
terms of this agreement insofar as they pertain to the
security of any such bonds, shall be deemed to be for the
benefit of the holders of said bonds.
16. The village of Beverly Hills consents to the
use by the county of the public streets, alleys, lands and
rights-of-way in the village for the purpose of
constructing, operating and maintaining the facilities of
the project and of any improvements, enlargements and exten-
sions thereto. The village reaffirms its covenant and
warrant that all sanitary sewage originating therein shall
be delivered only to the Evergreen and Farmington Sewage
-22-
Disposal Systems, including extensions thereto, for
transportation therein and ultimate disposal. Lands (other
than highways) owned by or under the jurisdiction of the
village or the county, located within the Evergreen and
Farmington Sewage Disposal Districts, shall be liable, if
sanitary sewage emanates therefrom, to the same extent as
privately owned lands, to pay the charges for sewage
-- disposal services with respect thereto.
17. This agreement shall become effective upon its
execution by each party hereto and the expiration of 45 days
after the date of publication of the notice required by
Section 5b of Act 342; Provided, however, that if, within
the 45 day period, a proper petition is filed with the
Village Clerk in accordance with the provisions of said
Section 5b of Act 342, then this agreement shall not become
effective until approved by the vote of a majority of the
electors of the village qualified to vote or voting thereon
at a general or special election. This agreement 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
-23-
VILLAGE OF BEVERLY HILLS COUNTY OF OAKLAND
Village Clerk
BY
the county bonds together with all bond service charges
pertaining to said bonds. This agreement may be executed in
several counterparts. The provisions of this agreement
shall inure to the benefit of and be binding upon the
successors and assigns of the parties hereto.
18. The Agreement of the same name, dated as of
October 1, 1986, between the parties hereto is hereby
cancelled and totally replaced by this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused
this agreement to be executed and delivered by the
undersigned being duly authorized by the respective
governing bodies of such parties, all as of the day and year
first above written.
/
BY
•
,
'touifity D'rai /CoMMis'sioner / / (County Age cy)
CRM/09192/0037/AA7/1
-24--
\i s, P r'm T! \
PONTIAC
DYINSHIP
S.TAGE 6
•
-WY
• •••. ,v7 Jr r VII
/7
-
11 rir 1
/
r " /
STAGE 7 _
(NORTH PAF
—
_ ••••--
/4-'1
wf ST- 3
•
;.•
1 :It 1 `1,„
,KentALLwooD , 'LOCAL RELIEF
E sq7ALT
7
f STAGE 5
SEGMENT 2
F. si-Aorri
CSOLTTIrFART71
STAGE:2.1
:
To atTINNT l cwIj
sEvrans i
as Ivo': as",• -...48.-71%),%,,s4 6 ow inid ari tun 7s 1
01=:f2
SCALE IN MILES
2
EXHIBIT "A'
COMPREHENSIVE FACILITIES PLAN
OAKLAND COUNTY, MICHIGAN
EVERGREEN- FARMINGTON
POLLUTION CONTROL FACit-ITIES ippEr.i.aso By
PROPOSED POLLUTION CONTROL FACILITIES
HuaaEt.L.RorN a ct ARK.MC. 2/88
LEGEND
48-
SEGMENT STAGES
1 - I. &
fir - 3, 4, 5 & 7S
EXISTING INTERCEPTORS
EXISTING MAJOR PUMP STATION AND FORCE MAIN sa PROPOSED PumP STATION imPROvEmENTS
0. s PROPOSED PUMP STATION AND FORCE MAIN
INBIPE MI MR Pal II PROPOSED TUNNEL SEWER No p:FE
imoupporrimen RECOMMENDED iNTERCEPTOR IMPROVEMENTS SIZES
COMBINED SEWER AREA SEPARATION ; RETENTION
AND TREATMENT PROJECTS.
ITEE
1 C,
1 i
1 - r
00 0
7
tvg LE —
4'
-.— r,.• I fa •n •,r)
I -•• ?"-------zza---=7...-.--- ,i .--, .-„, ... • . .L. -......-- -,;:..,
n:. :••• .
• 11,
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•••,, tIt '.'
1 -.7757 t.Tf i7:Li-r• . ____„y [A-777-7- -1 .,, -
1, . ,,,. ,........:. f •t rr ,-,, .,-..!
..., .1. -..., , r'..Z. .. ,,, f litn I I 1 n....-2, • i ., .• 1 o • .,
1 -1 - -A
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....=7...,-...- ..._ __ n 61.....,4,.z, 0
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PUMP- STATION NO. 8
tNIPROVEMENTS • p TI. .
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....--..."...- .,.• , , .--/ 11- 1,..21 it i C. " ..,...,,,,t. r• ,_r r:q wr k' '' i Iiimigimiliiimpt............................—...4_, 8 ) . ....,
.'"8' ICL.Z,•Iror,t I .• .;; ',.:°.""" 'C
ttRu..c.Arc r ff-- 0 1./.1. /11_c), ( I N i 1
0 500 moo WOO
SCALE IN FEET
LEGEND
— EXISTING SEWERS
111.11.111. PROPOSED OPEN OUT SEWERS ALTERNATIVE t
0.0.4.• PROPOSED FORCE MAIN ALTIERNATIVE
PROPOSED P PSTATION A. LTERHATFVE
PROPOSED ptp,tp STATION IMPROVEMENTS ALTERNATIVE I
EXHIBIT "A"
Page 2
PREPARED B Y
COMPREHENSIVE FACILITIES PLAN
OAKLAND COUNTY, MICHIGAN
EVERGREEN- FARMINGTON
POLLUTION CONTROL FACILITIES
r VILLAGE OF .BEVERLY HILLS
RELIEF SEWERS
rcts tin ELL,AOTH CL ARX,1NC.
2/88
6 - I 1
M. D. Waring', P.E. No. 9775
EXHIBIT "B" 2/88
ESTIMATE OF COST
EVERGREEN-FARMINGTON POLLUTION CONTROL FACILITIES
SEGMENT 24 Stage 5
348 L.F. 18" Sanitary Sewer @ $110.00 per L.F. = $ 384280.00
4,570 L.F. 15" Sanitary Sewer @ $100.00 per L.F. = 457 4 000.00
780 L.F. 10 Sanitary Sewer @ $ 74.00 per L.F. = 574720.00
1,560 L.F. 12" Force Main @ $ 52.00 per L.F. = 81 4 120.00
650 L.F. 6" Force Main @ $ 40.00 per L.F. 264 000.00
L.S. Pump Station No. 6 = 1534360.00
L.S. Pump Station No. 7 = 2274670.00
L.S. Pump Station No. 8 = 1564 160.00
L.S. Remove Existing Pump Stations = 104800.00
Estimated Construction Contract Cost = $1 4 208,110.00
Engineering Plans and Specifications 82 4 000.00
Construction Inspection = 504 000.00
Construction Stakeout 25,000.00
Easement and Land Cost = 6 4 000.00
Administration,, Legal,, Financial = 85 4 000.00
Soil Borings = 3 4 000.00
Contingencies = 109 4 890.00
Total Estimated Cost 7 Segment 2 4 Stage 5 = $1 4569 4 000.00
Estimated Federal Grant = 7694000.00
TOTAL ESTIMATED LOCAL COST
SEGMENT 2, STAGE 5 = $ 800 4 000.00
(Excluding Interest and Financing Costs)
I hereby estimate the period of usefulness
of this project to be 40 years and upwards. Cost estimates
are based on projected ENR cost index of 4771 for April 1989.
DETROIT-OAKLAND
AGREEMENT FOR USE OF
CERTAIN DETROIT SEWERS
FOR THE EVERGREEN-FARMINGTON DISTRICT
AMENDMENT NO 1
This Agreement made and entered into this first day
of March , 1988, by and between the CITY OF DETROIT, a
Municipal Corporation of the State of Michigan (hereinafter the
"CITY") by and through its Board of Water Commissioners
(hereinafter the "BOARD"), and the COUNTY OF OAKLAND, a County
Corporation in the State of Michigan, (hereinafter the
"COUNTY") by and through its County Executive Department of
Public Works,
WITNESSETH ..:
WHEREAS, the BOARD, operates and maintains a wastewater
disposal system consisting of transportation facilities
(sometimes hereinafter referred to as the DETROIT SYSTEM) and
treatment facilities; and
WHEREAS, on August 29, 1984, a DETROIT-OAKLAND AGREEMENT
FOR USE OF CERTAIN DETROIT SEWERS FOR THE EVERGREEN-FARMINGTON
DISTRICT (herein the "AGREEMENT") was prepared and executed by
representatives of the CITY and COUNTY providing that the point
of connection of the sewers of the COUNTY to the sewers of the
CITY be moved to the First-Hamilton Relief Sewer and that the
capacity at said point of connection from the DISTRICT of the
COUNTY be increased to 170 cubic feet per second or such larger
amount as the BOARD may approve, and that, because of the
availability of grant funds and for other reasons pertaining to
the needs of the County of Wayne and the CITY, the BOARD shall
have constructed a new interceptor to transport sewage from the
DISTRICT to the First-Hamilton Relief Sewer as a permanent
connection to the DETROIT SYSTEM; and
WHEREAS the parties hereto enter into this AMENDMENT NO. 1
for the purpose of serving the public health and welfare of the
people of the State of Michigan, especially in the area
affected hereby, and enhancing the water quality of the Great
Lakes and its tributaries.
VII 2 "1.1
WHEREAS, it is now necessary due to grant requirements and
other changes in conditions to amend said August 29, 1984,
AGREEMENT,
NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO,
for and in consideration of the mutual covenants herein
contained to be kept and performed and the benefits to accrue
as a result thereof, that the said AGREEMENT be amended as
follows:
1. Amend paragraph 15 of said AGREEMENT to read as follows:
15. The local share of the capital costs of designing
and constructing the facilities as set forth in
paragraph 8, after receipt and application of the
proceeds of Federal and State grants, if any, shall
be paid for by the County of Wayne on behalf of the
communities comprising the North Huron Valley-Rouge
Valley Wastewater Control System, and the COUNTY on
behalf of the communities comprising the DISTRICT in
accordance with the following ratio:
County of Wayne - Fifty-two percent (52%) of
items 8A, 8C and 8D.
County of Oakland - Forty-eight percent (48%)
of items 8A, 8C, and 8D, plus the cost of item
88.
Construction is contingent on Wayne and/or Oakland
financing said facilities and making timely advance
payments to the BOARD.
It is the understanding of the parties that the
above percentages related to the costs to be borne
by Wayne and Oakland respectively are estimates and
that the actual percentages shall be subject to
modification based on each county's additional
outlet capacity in the Board's facilities as
established in the MDNR approved bases of design for
the Wayne County facilities and the Oakland County
facilities respectively. Should the estimated
percentages vary from the percentages stated above
so as to significantly change the costs to be borne
by either Wayne or Oakland, then Wayne or Oakland
reserves the right to renegotiate between themselves
the bases upon which their respective costs are
determined.
It is acknowledged that a schedule for construction
of the facilities described in Paragraph 8 of the
AGREEMENT is anticipated to be established in the
federal grant award document and such construction
schedule is incorporated herein by reference and
made a part of this agreement. Further, it is the
intention of the BOARD to proceed with construction
in a timely manner and, to the extent possible, to
adhere to the following schedule:
A) advertise for construction contracts - within
60 days of receipt of federal grant offer
B) recommend award of construction contract -
within 120 days of bid opening
C) issue start work order (initiation of
construction) - within 90 days of
authorization to award contracts from U.S.
EPA, subject to notification of availability
of local funds for the project
D) substantially complete construction - within
700 days of the start work order.
The parties hereto acknowledge that the construction
schedule in the federal grant award document shall
take precedence.
2. Amend paragraph 21 of said AGREEMENT to read as follows:
21. The BOARD will make every reasonable effort, as
expeditiously as is possible, to enter also into an
agreement with the County of Wayne on behalf of the
North Huron Valley-Rouge Valley Sewage Disposal
System for the purpose of completing the financing
of the improvements described in paragraph 8 in
accordance with the terms and percentages described
in paragraph 15.
3. Except as modified by this AMENDMENT, the terms and
conditions of the AGREEMENT shall remain in full force and
effect.
4. This AMENDMENT and the AGREEMENT shall inure to the
benefit of and be binding upon the respective parties
hereto, their successors and assigns.
-.3
5. This AMENDMENT shall take effect upon its adoption and
execution by the respective parties hereto.
IN WITNESS WHEREOF, the parties have caused this AMENDMENT
to be executed in quadruplicate and signed by the respective
parties herein, pursuant to the attached certified copies of
resolutions of their governing bodies.
WITNESS: COUNTY OF OAKLAND
By
CITY OF DETROIT, MICHIGAN
By
APPROVED OAKLAND COUNTY
CORPORATION COUNSEL
APPROVED BY LAW DEPARTMENT
PURSUANT TO g6-406 OF THE
CHARTER OF THE CITY OF
DETROIT
By
Date Date
THIS CONTRACT WAS APPROVED
BY THE CITY COUNCIL ON
Date
Purchasing Director Date
RESOLUTION # 88066 March 24, 1988
March 19 88
LLEN
24th day o this
Moved by Hobart supported by Jensen the resolution be adopted.
AYES: Lanni, McConnell, McDonald, A. McPherson, R. McPherson, Moffitt,
Oaks, Pernick, Price, Rewold, Skarritt, Wilcox, Bishop, Caddell, Calandro, Crake, Gosling,
Hobart, Jensen, R. Kuhn. (20)
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 and having a seal,
do hereby certify that I have compared the annexed copy of
- the attached re5olutiQn adopted by the Board of Commissioners at their regular
meeting held an March 24, 1988 .
with the orginial record thereof now remaining 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
Couny Clerk/Register of Deeds