HomeMy WebLinkAboutResolutions - 1988.10.27 - 17614PLANNING AND BUILDING COMMITTEE
HpRfRv APPROVE THE ING RESOLUTION
CYanie }, T. ti,u:pHy, 'Corint‘y. Exe'tutiv-, Date
OCTOBER 13, 1988
Miscellaneous Resolution 88268
BY: PLANNING & BUILDING COMMITTEE - Anne M. Hobart, Chairperson
IN RE: SOLID WASTE UNIT - CONTRACT FOR PROFESSIONAL SERVICES FOR SOLID WASTE
PROGRAM IMPLEMENTATION: CAMP, DRESSER & McKEE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
WHEREAS Oakland County has contracted with the firm of Bishop, Cook,
Purcell and Reynolds as consultants, project managers and coordinators for the
implementation of a countywide solid waste program; and
WHEREAS it is necessary to secure the services of a consulting engineer to
provide professional engineering services to assist Bishop, Cook, Purcell &
Reynolds in implementing the countywide solid waste program; and
WHEREAS the consulting firm of Camp, Dresser & McKee has prepared the
attached contract to provide such consulting services; and
WHEREAS it is recommended that only the work described as Phase I-A
Services in the attached contract be authorized at this time; and
WHEREAS the cost of said services is estimated to be from $400,000.00 to
$800,000.00.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
does hereby authorize its Chairperson to execute the attached contract with the
firm of Camp, Dresser & McKee to provide professional services with respect to the
implementation of a countywide solid waste program.
BE IT FURTHER RESOLVED that only the work described as Phase I-A Services
in said contract be authorized at this time; the contract amount for said Phase
I-A work not to exceed $800,000.00.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move
the adoption of the foregoing resolution.
REPORT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: SOLID WASTE UNIT - CONTRACT FOR PROFESSIONAL SERVICES FOR SOLID
WASTE PROGRAM IMPLEMENTATION: CAMP, DRESSER, & KEE,
MISCELLANEOUS RESOLUTION #88268
The Finance Committee recommends that the resolution be amended to
have both the County Executive and the Chairperson of the Board as
signatories, authorizing the contract.
Mr. Chairperson, on behalf of the Finance Committee, I move the
adoption of the foregoing report.
FINANCE COMMIITEE
L--1 G. William Caddell, Chairperson
F: KAI, NOTE
: FINANCE CC Y'IMI TTE:L.T: . WILLIAM CaLDFiLL,CHAI:I-III...SON
N : SOLID WAS= UN I I - ODN'TRACT FOB PROF Es s3 cx..4.AL Si-,ri'V 1 OE-IS POE
SOLID WAS PROR142.? I MPLEY.", CAN : CAMP, DRESSEF MCKCE
r c),.:=LIANTEOUS RESOLUT! ON 88268
TO THE OAKLAND COUNTY ROARD OF COMM :I ES I OCZ-
Mr. Chairperson, Ladies and Gentleflen:
Pursuant to Rule XI-G of tnis Board, the Finance Committee has
reviewed Miscellaneous Resolution #88268 and finds:
1) This contract compensates Camp, Dresser • McKee for engineex-ing
services related to implerrentation of the county-wide Solid Waste
Program;
2) This contract is intended to superceed the existing contracts
with Camp, Dresser & McKee (exceot for the Act 641 Plan Update
contract anproved under Miscellaneous Resolution #E7263 and
amended by Miscellaneous Resolution #88069);
3) This aureement may be cancelled at any time by the County;
4) This contract has been approved as to form by the Office of
Corporation Counsel;
5) The effective date of this agreenent will be August 20, 1988 and
any costs incurred under previous cohtracts for plan
implementation activities will be charged to this contract;
6) Camp, Dresser S McKee indicated the estimated cost cf engineering
services to be between $400,000 and S800,000, $450,000
anticipated LID to the sale of bonds and the balance after the
sale of bonds;
7) That $450,000 is committed at this time. Additional Funds must be
approved by the Board of Commissioners;
8) Funds are available in the Professional Services line item in the
Solid Waste Unit;
9) These costs are reimburseable from the sale of bonds.
FINANCE COMMITTEE
William Caddell, Chairperson
EXHIBIT A TO AGREEMENT
BETWEEN
(MIER AND ENGINEER
FOR
STUDY AND REPORT
PROFESSIONAL SERVICES
FURTHER DESCRIPTION OF BASIC SERVICFS, DUTIES OF OWNER,
METHOD OF PAYMENT AND RELATED SERVICES
This is an exhibit attached to and made a part of the Agreement dated
August 19, 1988, between Oakland County, a political subdivision of the
State of Michigan, acting by and through its Board of Commissioners
("OWNER") and Camp Dresser & McKee ("ENGINEER") for study and report
professional services.
1. The Basic Services of ENGINEER as described in Section 1 of said
Agreement and amended and supplemented as follows:
1.1 OWNER has engaged the firm of Bishop Cook Purcell and Reynolds
("BCPR") to act as project manager and coordinators for the
Assignment. ENGINEER shall take direction from and coordinate
with BCPR.
1.2 Phase I-A Services
Phase 1-A of the Assignment includes the steps necessary to
obtain a signed vendor contract for the first resource recovery
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facility and developing the OWNER's organizational structure.
The following tasks are included in Phase I Services:
1.2.1 Assist in establishing policy issues with options.
1.2.2 Assist in establishing RFQ/RFP system incorporating
economic, legal and technical policy decisions.
1.2.3 Prepare technical requirements.
1.2.4 Issue RFQ/RFP to vendors, with draft construction and
service agreements including technical requirements.
1.2.5 Attend preresponse Vendor meetings.
1.2.6 Assist in qualifying vendors and negotiating contracts
and technical specifications.
1.2.7 Assist in developing selection criteria for determining
lowest responsible bid.
1.2.8 Assist in evaluating bids and making recommendations.
1.2.9 Assist in developing implementing agency.
1.2.10 Assist in developing financing plan.
1.2.11 Assist in developing waste control strategy.
1.2.12 Assist in developing contracts for the sale of energy.
1.2.13 Develop permitting requirements.
1.2.14 Assist in obtaining facility and landfill sites.
1.2.15 Assist in pre-implementation work for the second and
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third resource recovery facilities and associated
landfills.
1.2.16 Coordinate with BCPR.
1.2.17 Attend project meetings and public meetings.
1.3 Phase II-A Services
Phase II-A of the Assignment includes the steps necessary to
obtain the financing and permits necessary for the commencement
of construction of the first resource recovery facility. The
following tasks are included in Phase II-A services:
1.3.1 Prepare Engineer's Feasibility Report for inclusion in
the preliminary official statement and the official
statement.
1.3.2 Prepare or assist in preparing and submit on behalf of
OWNER the following:
a. Air Quality Permit to Install (P.A. 348 of 1965, as
amended).
b. Solid Waste Disposal Area Construction Permit (P.A.
641 of 1978, as amended).
C. FAA Notice of Proposed Construction Or Alteration
(14 CFR (Part 77)).
d. Certification as a Qualifying Small Power Production
Facility.
1.3.3 Respond to questions and comments on the permits included
in Task 1.3.2 above and attend public hearings held in
connection with them.
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1.3.4 Attend presentations to rating agencies in connection
with Task 1.3.1.
1.3.5 Coordinate with BCPR.
1.3.6 Attend project meetings and public meetings.
1.4 Phase III-A Services
Phase III-A of the Assignment includes the services during
construction of the first resource recovery facility. Specific
tasks to be included in this phase, and ENGINEER's fee for such
services, shall be negotiated in the future and included as an
Amendment to this Agreement.
1.5 Phase I-B and Phase I-C Services
Phase I-B and I-C of the Assignment includes performing the Phase
I-A services for the second and third resource recovery
facilities. Specific tasks to be included in those phases, and
ENGINEER's fee for such service, shall be negotiated in the
future and included as an Amendment to this Agreement.
1.6 Phase II-B and Phase II-C Services
Phase II-B and II-C of the Assignment includes performing the
Phase II-A services for the second and third resource recovery
facilities. Specific tasks to be included in those phases, and
ENGINEER's fee for such service, shall be negotiated in the
future and included as an Amendment to this Agreement,
1.7 Phase III-B and Phase III-C Services
Phase III-B and III-C of the Assignment includes performing the
Phase III-A services for the second and third resource recovery
facilities. Specific tasks to be included in those phases, and
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ENGINEER's fee for such service, shall be negotiated in the
future and included as an Amendment to this Agreement.
2. The responsibilities of OWNER as described in Section 3 of said
Agreement are amended and supplemented as follows:
2.1 Provide labor and safety equipment to open and protect manholes
and/or to operate valves and hydrants within OWNER's control as
required by the ENGINEER.
2.2 Examine all studies, reports, sketches, drawings, specifications,
proposals and other documents presented by ENGINEER, obtain
advice of an attorney, insurance counselor and other consultants
as OWNER deems appropriate for such examination and render in
writing decisions pertaining thereto within a reasonable time so
as not to delay the services of ENGINEER.
2.3 Provide such legal, accounting, insurance and other counseling
services as may be required for the project.
3. The time periods for the performance of ENGINEER's services as set
forth in Section 4 of said Agreement are amended and supplemented as
follows:
No changes.
4. The method of payment for services rendered by ENGINEER shall be as set
forth below:
For the Basic Services performed under Section 1, the OWNER agrees to
pay the ENGINEER as follows:
For work done by the ENGINEER at the salary cost of such services for
employees plus 1.46 times the salary cost for overhead and profit, plus
actual out-of-pocket costs times 1.15.
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Salary cost is defined as the cost of salaries (including sick leave,
vacation, and holiday pay applicable thereto) for time directly
chargeable to the project; plus unemployment, excise, and payroll
taxes; and contributions for social security, employment compensation
insurance, retirement benefits, and medical and other group insurance
benefits.
Actual out-of-pocket expenses costs are all costs other than salary
costs that are incurred during the progress of the work. The actual
out-of-pocket expense costs include: air fare, automobile rental if
required, mileage charges, parking, tolls, taxi, meals, lodging,
telephone, printing and reproduction costs, and other miscellaneous
costs incurred specifically for this project. The charges for in-house
computer program and word processor usage will be at the ENGINEER'S
regular rates. For outside computer services, charges will be made at
invoiced cost to the ENGINEER plus 15 percent.
The charges for in-house laboratory analyses and rental of field
equipment will be at the ENGINEER's regular rates.
For work done by subcontractor or consultants, at the actual cost to
the ENGINEER of such services plus 15 percent.
The total cost for Phase I Services is estimated to range between
$400,000 and $800,000. The total cost for Phase II Services is
estimated to range between $500,000 and $800,000.
5. OWNER has established the following special provisions and/or other
considerations or requirements in respect of the Assignment:
None.
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STANDARD FORM OF AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
STUDY AND REPORT
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of August 19, 1988 between Oakland County,
a political subdivision of the State of Michigan, acting by and through its
Board of Commissioners ("OWNER") and Camp Dresser & McKee ("ENGINEER")
OWNER employs ENGINEER to perform professional engineering services, and to
provide professional engineering consultation and advice for a professional
fee in connection with the implementation of the OWNER's Solid Waste
Management Plan (the "Assignment").
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SECTION 1. BASIC SERVICES OF ENGINEER
1.1 ENGINEER shall perform the following professional services:
1.1.1 Consult with OWNER to clarify and define ?NER's requirements
for the Assignment and review available data.
1.1.2 Advise OWNER as to the necessity of OWNER's providing or
obtaining from others special services and data required in
connection with the Assignment and assist OWNER in obtaining
such data and services.
1.1.3 Provide analyses of OWNER's needs with evaluating and
comparative studies of prospective solutions.
1.2 The duties and responsibilities of ENGINEER described above are
supplemented and amended as indicated in Paragraph 1 of Exhibit A
"Further Description of Basic Services, Duties of Owner, Method of
Payment and Related Matters," which is attached to and made a part of
this Agreement.
SECTION 2. ADDITIONAL SERVICES
2.1 If authorized by OWNER, additional services related to the Assignment
will be performed by ENGINEER for an additional professional fee as
the parties may subsequently agree.
SECTION 3. OWNER'S RESPONSIBILITIES
OWNER shall do the following in a timely manner so as not to delay the
services of ENGINEER.
3.1 Provide all criteria and full information as to OWNER's requirements
for the Assignment and designate in writing a person with authority to
act on OWNER'S behalf on all matters concerning the Assignment.
3.2 Furnish to ENGINEER all existing studies, reports and other available
data pertinent to the Assignment, obtain or authorize ENGINEER to
obtain or provide additional reports and data as required, and furnish
to ENGINEER services of others required for the performance of
ENGINEER'S services hereunder, and ENGINEER shall be entitled to use
and rely upon all such information and services provided by OWNER or
others in performing ENGINEER's services under this Agreement.
3.3 Arrange for access to and make all provisions for ENGINEER to enter
upon public and private property as required for ENGINEER to perform
services hereunder.
3.4 Perform such other functions as are indicated in Paragraph 2 of
Exhibit A "Further Description of Basic Services, Duties of Owner,
Method of Payment and Related Matters."
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3.5 Bear all costs incident to compliance with the requirements of this
Section 3.
SECTION 4. PERIOD OF SERVICE
4.1 ENGINEER's Basic Services will be performed within the period or by
the date stipulated in paragraph 3 of Exhibit A "Further Description
of Basic Services, Duties of Owner, Method of Payment and Related
Matters."
4.2 It is understood and agreed between OWNER and ENGINEER that time is of
the essence and that during the period of this Agreement, ENGINEER
agrees to perform services in such sequence as to assure the
expeditious completion of the tasks necessary to completion of the
Assignment in the light of the purpose of this Agreement, including,
but not limited to, those services specified in Paragraph 1.
ENGINEER'S responsibilities are subject to the provisions of this
Agreement with regard to Termination, as hereinafter provided.
4.3 ENGINEER's Additional Services will be performed and completed within
the time period agreed to in writing by the parties at the time such
services are authorized.
4.4 If any time period within or date by which any of ENGINEER's services
are to be completed is exceeded through no fault of ENGINEER, all
rates, measures and amounts of compensation and the time for
completion of performance shall be subject to equitable adjustment.
SECTION 5. PAYMENTS TO ENGINEER
5.1 OWNER shall pay ENGINEER for services rendered hereunder as indicated
in Paragraph 4 of Exhibit A "Further Description of Basic Services,
Duties of Owner, Method of Payment and Related Matters."
5.2 ENGINEER shall submit monthly statements for Basic and Additional
Services rendered. OWNER shall make prompt monthly payments in
response to ENGINEER's monthly statements.
5.3 ENGINEER's above charges are on the basis of prompt payment of
statements rendered and continuous progress of the work related to the
Assignment.
5.4 If OWNER fails to make any payment due ENGINEER for services and
expenses within sixty days after receipt of ENGINEER's statement
therefor, the amount due ENGINEER shall include a charge at the rate
of 1.0 percent per month from said sixtieth day, and in addition
ENGINEER may, after giving seven days' written notice to OWNER,
suspend services under this Agreement until ENGINEER has been paid in
full all amounts due for services, expenses and charges.
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SECTION 6. COST CONTROL
6.1 OWNER's budgetary requirements and considerations in respect of the
Assignment are set forth in Paragraph 5 of Exhibit A "Further
Description of Basic Services, Duties of Owner, Method of Payment and
Related Matters."
6.2 Opinions of probable construction cost, financial evaluations,
feasibility studies, economic analyses of alternate solutions and
utilitarian considerations of operations and maintenance costs
prepared by ENGINEER hereunder will be made on the basis of ENGINEER'S
experience and qualifications and represent ENGINEER'S best judgment
as an experienced and qualified design professional. It is
recognized, however, that ENGINEER does not have control over the cost
of labor, material, equipment or services furnished by others or over
market conditions or contractors' methods of determining their prices,
and that any utilitarian evaluation of any facility to be constructed
or work to be performed on the basis of the Report must of necessity
be speculative until completion of its detailed design. Accordingly,
ENGINEER does not guarantee that proposals, bids or actual costs will
not vary from opinions, evaluations or studies submitted by ENGINEER
to OWNER hereunder.
SECTION 7. GENERAL CONSIDERATIONS
7.1 All documents prepared or furnished by ENGINEER (and ENGINEER's
independent professional associates, subcontractors, and consultants)
pursuant to this Agreement are instruments of service and ENGINEER
shall retain an ownership and property interest therein. OWNER may
make and retain copies for information and reference; however, such
documents are not intended or represented to be suitable for reuse by
OWNER or others. Any reuse without written verification or adaptation
by ENGINEER for the specific purpose intended will be at NER's sole
risk and without liability or legal exposure to ENGINEER, or to
ENGINEER's independent professional associates, subcontractors, or
consultants, and OWNER shall indemnify and hold harmless ENGINEER and
ENGINEER's independent professional associates, subcontractors, and
consultants from all claims, damages, losses and expenses including
attorneys' fees arising out of or resulting therefrom. Any such
verification or adaptation will entitle ENGINEER to further
compensation at rates to be agreed upon by OWNER and ENGINEER.
7.2 The obligation to provide further services under this Agreement may be
terminated (a) by OWNER with or without cause upon ten (10) days'
written notice to ENGINEER and (b) by ENGINEER for cause upon ten (10)
days' written notice to OWNER. In the event of any termination,
ENGINEER will be paid for all services rendered and reimbursable
expenses incurred to the date of termination and, in addition, all
reimbursable expenses directly attributable to termination.
7.3 OWNER and ENGINEER each is hereby bound and the partners, successors,
executors, administrators and legal representatives of OWNER and
ENGINEER (and to the extent permitted by Paragrah 7.4 the assigns of
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OWNER and ENGINEER) are hereby bound to the other party to this
Agreement and to the partners, successors, executors, administrators
and legal representatives (and said assigns) of such other party, in
respect of all covenants, agreements and obligations of this
Agreement.
7.4 Neither OWNER or ENGINEER shall assign, sublet or transfer any rights
under or interest in (including, but without limitation, moneys that
may become due or moneys that are due) this Agreement without the
written consent of the other, except to the extent that any
assignment, subletting, or transfer is mandated by law or the effect
of this limitation may be restricted by law. Unless specifically
stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing contained in this
paragraph shall prevent ENGINEER from employing such independent
professional associates, subcontractors, and consultants as ENGINEER
may deem appropriate to assist in the performance of services
hereunder.
7.5 Nothing under this Agreement shall be construed to give any rights or
benefits in this Agreement to anyone other than OWNER and ENGINEER,
and all duties and responsibilities undertaken pursuant to this
Agreement will be for the sole and exclusive benefit of OwNER and
ENGINEER and not for the benefit of any other party.
7.6 This Agreement (consisting of page 1 to 6 inclusive) together with
Exhibit A constitute the entire Agreement between OWNER and ENGINEER
and supersede all prior written or oral understandings. This
Agreement and said Exhibit A may only be amended, supplemented,
modified or canceled by a duly executed written instrument.
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Roy Rewold, Chairperson
Oakland County Board of
Commissioners
John W. Hawthorne,
Sr. Vice President
IN WITNESS THEREOF, the parties hereto have made and executed this
Agreement as of the day and year first above written.
OWNER ENGINEER
WITNESS
A. Barry Seymour
Vice President
APPROVED AS TO FORH:
Name
Title
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RESOLUTION # 88268 October 27, 1988
Moved by Hobart supported by Crake the resolution be adopted.
Moved by Hobart supported by Crake the Finance Committee report be accepted.
A sufficient majority having voted therefor, the motion carried.
Moved by Hobart supported by Crake the resolution be amended as recommended
in the Report (both the County Executive and theChairperson of the Board be signatories).
and the Contract be changed to include this amendment.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended (with positive Fiscal Note attached)
AYES: Pernick, Price, Rewold, Skarritt, Wilcox, Aaron, Caddell, Calandro
Crake, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni, Law, Luxon, McConnell,
McDonald, A. McPherson, R. McPherson, Oaks, Page. (23)
NAYS: Rowland. (1)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do
hereby certify that I have compared the annexed copy of the attached resolution,
adopted by the Oakland County Board of Commissioners at their regular meeting
held on October 27„ 1988 with the original record thereof now remaining
on file in my office, and that it is a true and correct transcript therefrom,
and of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed the seal
of said County at Pontiac,Michigan this 27th day of October , 1988
LYNi: D. ALLEN, County Clerk
Regi;ter of Deeds
PURCHASE AGREEMENT
THIS AGREEMENT, entered into this Seventh day of
Septarber , 1988, between the COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, hereinafter called "County," and the
of Wixom , hereinafter called
• "Municipality;"
WHEREAS, the County has established a centrally activated
tornado warning system; and
WHEREAS, the Municipality desires to become a part of such
system,
NOW THEREFORE in consideration of the sum of Eleven Thousand
Six hundred foury twO 11 642 ) to be paid by the Municipality to
the County, the County agrees to install One ( 1 ) siren(s)
within the Municipality at locations to be designated by the
Municipality. Said sum to be paid within thirty days (30) after
installation and successful testing of equipment.
IT IS FURTHER AGREED AND UNDERSTOOD that the maintenance
and electrical costs of the siren(s) shall be borne by the Couilty.
This agreement and costs shown are subject to change
depending. upon .selection of siren location by the Municipality,
bid costs, inflationary trends, and the availability of Federal
• matching funds.
In the event that the Municipality desires relocation of the
siren, all costs associated with such relocation will be the
responsibility of the Municipality.
Local activation capability will be at the option and
expense of the Municipality.
Autharized Agent of . County Executive
Municipality
Witnesses: