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HomeMy WebLinkAboutResolutions - 1987.07.23 - 18024July 23, 1987 MISC. RESOLUTION NO. 87173 BY: PLANNING AND BUILDING COMMITTEE - Anne M. Hobart, Chairperson IN RE: DRAIN COMMISSIONER - WEST BLOOM FIELD WATER SUPPLY SYSTEM - SECTION XI TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRMAN, LADIES AND GENTLEMEN: WHEREAS, the County of Oakland (the "County") has heretofore established and constructed and acquired the West Bloomfield Water Supply System pursuant to the provisions of Act No. 185, Public Acts of Michigan, 1957, as amended, and pursuant to the West Bloomfield Water Supply System Contract between the County and the Township of West Bloomfield (the "Township") dated as of December 1, 1970;•and WHEREAS, it is now necessary to improve, enlarge and extend the West Bloomfield Water Supply System by the acquisition and construction of the hereinafter described West Bloomfield Water Supply System Section XI; and WHEREAS, by the terms of Act 342, Public Acts of Michigan, 1939, as amended ("Act 342"), the County and the Township are authorized to enter into a contract for the acquisition, construction and financing of the West Bloomfield Water Supply System Section XI consisting of water supply facilities to serve the Township and for the payment of the cost thereof by the Township; and WHEREAS, there has been submitted to this Board of Commissioners a proposed contract between the County, by and through the Drain Commissioner, County Agency, party of the first -1- part, and the Township, party of the second part, which contract provides for the acquisition, construction and financing of the West Bloomfield Water Supply System Section XI pursuant to Act 342, which contract is hereinafter set forth in full. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as follows: 1. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The estimate of $1,819,000 as the cost of the West Bloomfield Water Supply System Section XI and the estimate of 40 years and upwards as the period of usefulness thereof, as submitted to this Board of Commissioners, be and the same are hereby approved and adopted. 2. APPROVAL OF CONTRACT. The West Bloomfield Water Supply System Section XI Contract dated as of July 1, 1987, between the County, by and through the County Drain Commissioner, party of the first part, and the Township, party of the second part, which contract has been submitted to this Board of Commissioners, be and the same is hereby approved and adopted, and the County Drain Commissioner is hereby 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 contract has been executed by the appropriate officials of the Township. Said contract reads as follows: WEST BLOOMFIELD WATER SUPPLY SYSTEM SECTION XI CONTRACT THIS CONTRACT, made as of the 1st day of July, 1987, by and between the COUNTY OF OAKLAND, a Michigan County Corporation (hereinafter called the "County"), by and through its County Drain Commissioner as the County Agency (hereinafter referred to as the "County Agency"), party of the first part, and the CHARTER TOWNSHIP OF WEST BLOOMFIELD, a Charter Township in the County of Oakland (hereinafter called the "Municipality"), party of the second part: WITNESSETH: WHEREAS, the Oakland County Board of Commissioners, by Misc. Resolution No. 4522, adopted on December 21, 1965, established the West Bloomfield Water Supply System (the "System") to serve the Municipality; and WHEREAS, the County, through its Board of Public Works, and pursuant to the provisions of Act No. 185, Public Acts of Michigan, 1957, as amended, has acquired and constructed the System pursuant to the West Bloomfield Water Supply System Contract, dated December 1, 1970, between the County and the Municipality (said Contract hereinafter referred to as the "Base Contract"); and WHEREAS, by the terms of Act No. 342, Public Acts of Michigan, 1939, as amended ("Act 342") the County and the Municipality are authorized to enter into a contract for the acquisition, improvement, enlargement or extension of the System and for the payment of the cost thereof by the Municipality; and WHEREAS, it is now necessary for the public health and welfare of the present and future residents of the Municipality to extend, improve and enlarge the System in the Municipality by the acquisition and construction of the West Bloomfield Water Supply System Section XI and to finance such acquisition and construction by payments from the Municipality to the County of amounts to become due under this contract. NOW, THEREFORE, in consideration of the premises and the covenants of each other, the parties hereto agree as follows: 1. The County and the Municipality hereby approve the extension, improvement and enlargement of the System by the acquisition and construction, by the County Agency under and pursuant to the provisions of Act 342, of water supply facilities to serve the Municipality. The water supply facilities to be acquired and constructed are hereby designated the "West Bloomfield Water Supply System Section XI". 2. The facilities constituting the West Bloomfield Water Supply System Section XI project and their general location within the Municipality are shown on Exhibit "A" which is attached hereto and by this reference is made a part hereof. The West Bloomfield Water Supply System Section XI is hereafter sometimes referred to as the "project". 3. The County and the Municipality hereby approve and adopt the estimate of the cost of the project in the amount set forth on Exhibit "B" attached hereto and the estimate of 40 years and upwards as the period of usefulness of the project. 4. After the execution of this contract by the County and the Municipality, the County Agency shall take the following -2- steps, subject to the receipt from the Municipality of the pay- ments as provided in paragraph 6 hereof, to-wit: (a) Order final plans and specifications for the project from a consulting engineer. (b) Do those things necessary to obtain the approvals required for the construction of the project, obtain construction bids for the project and enter into construction contracts with the lowest responsible bidders. (c) After the execution of construction contracts, cause the project to be constructed within a reasonable time and do all other things required of it under the provisions of Act 342. 5. It is understood and agreed by the parties hereto that the project is to serve the Municipality and not the individual property owners and users thereof, unless by special arrangement between the County Agency and the Municipality. The responsibility of requiring connection to and use of the facilities of the project and of providing such additional facilities, as may be needed, shall be that of the Municipality which shall cause to be constructed and maintained, directly or through the County, any such necessary additional facilities. The County shall not be obligated to acquire or construct any facilities other than those designated in paragraph 2 hereof. The project is an improvement, enlargement and extension of the System and the Base Contract shall apply thereto except as the -3- same may be specifically modified herein for specific application to the project. 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 of insurance shall provide that the County and the Municipality shall be insured parties thereunder and shall contain a provision requiring that the Municipality be notified at least ten days prior to cancellation thereof. One copy of each policy of insurance shall be filed with the Municipality. 6. The Municipality shall pay to the County the entire cost of the project. The term "cost" as used herein shall be construed to include all items of cost of the type set forth on Exhibit "B" attached hereto and any other items of cost of a similar nature as may be set forth in any revision of said Exhibit "13" agreed to by the parties hereto, incurred by the County in acquiring and constructing the project. The cost of the project will be paid by the Municipality in installments as follows: (1) The sum of $198,400 to be paid upon execution of this contract, being the estimated cost of obtaining plans, specifications, detailed estimates of cost and easements. (2) The sum of $ 41,600 to be paid when completed bid plans and specifications are received and accepted by the County Agency. -4- (3) The balance of the cost of the project (estimated now to be $1,579,000) when construction bids are received and prior to the award of construction contracts. Shown on Exhibit "C" is the schedule of installment payments to be made by the Municipality, which schedule will be revised as detailed estimates are made and when construction bids are received. The County Agency shall notify the Municipality, by written communication addressed to its treasurer, of the time and amount of the next payment due hereunder. The Municipality convenants and agrees, not less than ten (10) days after receipt of such notice, to remit to the County sufficient funds to pay the amount then due. The obligations herein expressed shall be applicable to all obligations and contracts incurred or entered into by the County to construct and complete the project, or any part thereof, whether incurred or entered into at one time or more than one time. It is assumed that the appropriate amount of all installments payments will represent the cost of the project. If the Municipality shall fail to make any of such payments when due, the County and the County Agency shall have no obligation to proceed further with acquisition or construction of the project. The Municipality shall hold the County and the County Agency harmless from any and all liability on account of the project and its acquisition or construction whether or not the project is commenced or completed. 7. After completion of the project and payment of all costs thereof, any surplus remaining from the payments received from the Municipality shall be returned to it or, in the alterna- tive, said surplus may be used at the request of the Municipality and upon approval by the Oakland County Board of Commissioners, to improve, enlarge or extend the project. 8. If the payments received from the Municipality are for any reason insufficient to complete the project in accordance with the plans and specifications therefore, the County Agency shall, if necessary, submit to the Municipality a request for payment of the additional amount due with an explanation in writing of the reasons and need therefore and of the amount necessary to provide funds to complete the project in which event the duties and obligations of the County Agency and the Municipality as expressed and set forth in this contract shall be applicable to such additional payment as well as the original payment, it being at all times fully recognized and agreed that the payments to be made by the Municipality, in the manner specified in paragraph 6 of this contract, shall be based upon the .aggregate amount of the actual and final project cost. 9. The Municipality, pursuant to the authorization of Section 5 of Act 342, Public Acts of Michigan 1939, as amended, does hereby pledge its full faith and credit for the prompt and timely payment of its obligations expressed in this contract. 10. This contract is contingent upon the County act- ually receiving all of the payments promised by the Municipality to defray the estimated cost of the project. -6- 11. The Municipality consents to the establishment and location of the project within its corporate limits and consents to the use of the streets, alleys and public places of the Municipality for the location, construction, repair, replacement, maintenance and use of the water supply facilities of the project. After completion, the project shall be used by the Municipality as part of the System in accordance with the Base Contract. 12. This contract shall become effective upon approval by the legislative body of the Municipality, by the County Agency, and by the Board of Commissioners of Oakland County, and duly executed by the authorized officers of the Municipality and by the County Agency. It shall terminate upon expiration of the Base Contract, and upon termination all title, possession and ownership of the project and of any unused or surplus funds shall automatically revert to the Municipality. The provisions of this contract shall be in full force and effect and binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed and delivered by their respective duly authorized officers, all as of the day and year first above written. COUNTY OF OAKLAND By Its County Agency By: Drain Commissioner of Oakland County CHARTER TOWNSHIP OF WEST BLOOMFIELD By: By: Township Clerk Supervisor Supervisor cftl COBBERCE TOINHAIIIP ise•ei•••••••n•....., Proposed Meter Chamber zo - 20' --Proposed — Water Main tro Contract I of SECTION IT * • .•nn••4 *20.1•11,.. • '<EMI 0000 SECTION It SECTION Kfir / Pr;o4d 400,000 Gallon)/ Priip04d 400,000 G Priinnsed 400.000 Gallon • ft • ft • ft .11-4 • ft • • • 17 an; a 1i 16 ROAD .1 Fini.sxto 16 LK RD • 0.4eveamessena 1 L Elevated torege Tank • 4 —• . / c) i Proposed rA der- Water Main CT, 3,1 rn-n Fn\ ) • 0 • 0 9 • • • • • • • • — • • • • AN, • 0 • • • • • • • • !ALS ELI 0001) ROAD Olt 30 LEGEND DRAKE 1 MIMI Proposed Waterman 6". Exist, W M. - 12 " Larger — Exist. W M. -10" Ei Smaller —* Eels!, Well **WM Exisl. D.M.W.D. Waterman lot t_f_rt 0000 SECT/ON X e-i 0 0 . 0 I3.13/ L - North Scale 1", 2000' 20" 2041 f ARAI axtegatme amsamm. 311I16103313103, 11315130.1168M33 C., ION • a • • • • ft • • WEST BLOOMFIELD TWP. Proposed Water Main Extension H R I hibbeli, Roth & Clark,Inc. DATE June 2,198E J0E1 860051 EXHIPT 2323 nnArricurr ROAD P.O. 400 824 BLOOMFIELD IMO, MI 40013 Revise Rsvise ft ft a. ft • 4* • '; • • • 9 4-21-81 5 -RI $ 50.00 — 6;500.00 1,700.00 Lump Sum Lump Sum = $ 645,000 84,500 42,500 125,000 425,000 -Total Construction Cost CONTRACTED SERVICES - PROJECT DEVELOPMENT $ 1,500 $146,500 5,000 $ 151,500 WEST BLOOMFIELD TOWNSHIP WATER SUPPLY SYSTEM - SECTION XI ESTIMATE OF COST CONTRACTED SERVICES - CONSTRUCTION 20-inch Water Main 12,900 L.F. 16-inch G.V. & W. - 13 Ea. @ Hydrants 25 Ea. @ Metered Connection to DWSD Main 400,000 Gallon Elevated Storage Tank = $1,322,000 Engineering Consulting Engineer Soil Borings Legal Services COUNTY SERVICES - PROJECT MANAGEMENT • Engineering Administration Right-of-Way Construction Inspection Soil Erosion Permit (Act 347) $ 66,000 13,000 78,000 54,000 2,100 Contingency TOTAL ESTIMATED PROJECT COST $ 130,900 = $1,819,000 I hereby estimate the period of usefulness of this facility to be Forty (40) years and upwards. HUBBELL, ROTH & CLARK, INC. EXHIBIT - "B" (6-9-87) WEST BLOOMFIELD TOWNSHIP WATER SUPPLY SYSTEM - SECTION XI SCHEDULE OF INSTALLMENT PAYMENTS 1. Execution of contract between County of Oakland and Township of West Bloomfield $ 198,400 2. Completed bid plans and specifications received and accepted by the County Agency 41,600 3. Construction bids received and prior to award of construction contracts 1,579,000 TOTAL $1,819,000 (6-9-87) EXHIBIT - "C" E FOREGONG RESOLUTION. 1:1-AL-4 Owe 3. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are hereby rescinded. MR. CHAIRMAN, on behalf of the Planning and Building Committee, I move the adoption of the foregoining resolution. PLANNING AND BUILDING COMMITTEE July 23, 1987 Resolution No. 87173 Moved by Wilcox , supported by Law the resolution be adopted. AYES: Aaron, Caddell, Calandro, Doyon, Gosling, Jensen, Richard Kuhn, Susan Kuhn, Lanni, Law, McConnell, McDonald, Angus McPherson, Ruel McPherson, Moffitt, Nelson, Page, Perinoff, Pernick, Rewold, Rowland, Skarritt, Wilcox. (23) NAY'S: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN ) ) SS: 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 Miscellaneous Resolution #87173 adopted by the Oakland County Board of Commissioners on QJLLy_21, 1987 with the original 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 this 23rd day of July- , 1987. Lynn D.OAllen, County Clerk/Register of Deeds —4—