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HomeMy WebLinkAboutResolutions - 1987.12.10 - 18183Miscellaneous Resolution #87345 December 10, 1987 BY: PLANNING AND BUILDING COMMITTEE - Anne M. Hobart, Chairperson IN RE: DEPARTMENT OF PUBLIC WORKS - SOLID WASTE - APPROVE AMENDMENT TO ENGINEERING AGREEMENT FOR INITIAL VENDOR PROCUREMENT EFFORTS FOR IMPLEMENTATION OF RESOURCE RECOVERY FACILITY (FAST TRACK) TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS this Board of Commissioners with the adoption of Miscellaneous Resolution 87213 on September 3, 1987, did agree to advance funds on behalf of the Municipal Solid Waste Board (M.S.W.B.) for up to $250,000 to pay the costs of certain "fast-track" activities which will be undertaken simultaneously with the preparation of the Plan of Financing; and WHEREAS this Board of Commissioners with the adoption of Miscellaneous Resolution 87319 on November 19, 1987, approved an agreement with Camp, Dresser & McKee, Inc., (C.D.M.) for professional services involved in the performance of a portion of those "fast-track" activities also called "Initial Vendor Procurement Efforts:" and WHEREAS the M.S.W.B., in order to expeditiously get underway with other "fast-track" activities, is desirous of having certain financial advisory services added to the existing C.D.M. contract. NOW THEREFORE BE IT RESOLVED that the Chairperson of the Oakland County Board of Commissioners and the County Executive are hereby authorized and directed to execute the attached amendment to Agreement for consulting engineering services by and between the County of Oakland and Camp Dresser & McKee, Inc. BE IT FURTHER RESOLVED that the maximum fee for these added consulting engineering services shall not exceed $67,280. BE IT FURTHER RESOLVED that this cost shall be considered a "System Cost" in accordance with Miscellaneous Resolution 85234, adopted on August 8, 1985, and paid for by the participating municipalities under the terms of the Intergovernmental Agreement for the Disposal of Solid AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESIONAL SERVICES THE COUNTY OF OAKLAND, MICHIGAN AND CAMP DRESSER & McKEE For Initial Vendor Procurement Efforts in Conjunction with the Implementation of the Oakland County Solid Waste Management Plan THIS IS AMENDMENT NO. 1 TO THE ABOVE AGREEMENT made as of the day of in the year Nineteen Hundred and Eighty-Seven by and between the of Oakland, Michigan (hereinafter called OWNER) and Camp Dresser & McKee, Detroit, Michigan, a Michigan Partnership (hereinafter called ENGINEER). WHEREAS, the OWNER is empowered to assign and direct the scope, scheduling, and limitations of the work of the ENGINEER under an Agree- ment dated , hereinafter referred to as the VENDOR PROCUREMENT AGREEMENT, which was entered into for the purpose of having the ENGINEER perform services required in connection with initial vendor procurement efforts for a resource recovery facility to serve the Muni- cipal Solid Waste Board in Oakland County; and WHEREAS, the OWNER desires that the ENGINEER include the services of a financial consultant, Public Financial Management, Inc., whose ad- dress is 2000 Walnut Street, Philadelphia, Pennsylvania 19103, as a sub- consultant (hereinafter called SUBCONSULTANT) within the aforementioned VENDOR PROCUREMENT AGREEMENT; and WHEREAS, all parties have agreed to the performance of work as defined in the aforementioned VENDOR PROCUREMENT AGREEMENT. NOW, THEREFORE, IT IS MUTUALLY AGREED between all parties hereto that the VENDOR PROCUREMENT AGREEMENT be amended and the work performed in accordance with this Amendment No. 1. 1. SCOPE OF WORK The scope of work of the ENGINEER is modified to include the ser- vices of the SUBCONSULTANT. Specifically, the SUBCONSULTANT will assist with Tasks 1, 2, 4, and 5 of the VENDOR PROCUREMENT AGREEMENT as de- scribed below: Task 1. Negotiate Electric Power Sales Agreement The SUBCONSULTANT will review and comment in writing on two drafts of the proposed power sales agreement. The SUBCONSULTANT will OAK10:13,11/30/87 Page 1 of 5 comment on all major issues relating to the financial and business aspects of the proposed agreement and, where appropriate, suggest alternatives to the structure being proposed. The SUBCONSULTANT's comments will be provided to the ENGINEER and the OWNER within 30 days of receipt of each contract draft. Estimated hours of work and labor expense: 30 hours and $3,600 Task 2. Negotiate Steam Sales Agreement As in the case of the power sales agreement, the SUBCONSULTANT will review and comment in writing on two drafts of the steam purchase agreement. The SUBCONSULTANT will comment on all major issues re- lating to the financial and business aspects of the proposed agree- ment and, where appropriate, suggest alternatives to the structure being proposed. The SUBCONSULTANT's comments will be provided to the ENGINEER and the OWNER within 30 days of receipt of each con- tract draft. Estimated hours of work and labor expense: 30 hours and $3,600 Task 4. Prepare Vendor Request for Qualifications (RFC)) Working with the ENGINEER and the OWNER's legal representatives, the SUBCONSULTANT will prepare in writing financial and business sections of a Request for Qualifications (RFQ) and will develop a suggested procurement and negotiating approach. The financial sec- tion of the RFQ will recommend criteria for evaluating the vendor's willingness to comply with certain business provisions which are expected to be included in the vendor agreement, The SUBCONSULTANT and the ENGINEER will jointly propose to the MSWB an evaluation procedure which will be used to identify a group of vendors for further consideration. This task does not include issuing the RFQ to the vendor community and evaluating responses; this work will be done under a separate contract after the Plan of Financing (POF) is approved. The work is anticipated to be completed before the POF is approved by the municipalities. Modifications to the RFQ may be necessary after the approval of the POF in order to properly reflect the require- ments of the project as determined by the final configuration of the POF and the final size of the facility. Such modifications, if necessary, are not within the scope of work described by this contract. The cost estimates set forth below were prepared assuming that the SUBCONSULTANT will prepare a final draft of the work for MSWB review and then incorporate MSWB com- ments into a final document to be sent to the Oakland County Board of Commissioners for review and approval. Estimated hours of work and labor expense: 86 hours and $10,560 Estimated travel expenses (4 trips): $4,500 OAK10:13,11/30/87 Page 2 of 5 Task 5. Prepare Draft Vendor Request for Proposals (RFP) The purpose of this task will be to prepare the first draft of those portions of the vendor request for proposals (RFP) that can be defined based on decisions and information developed by and available to the MSWB and the OWNER and available for inclusion in the RFP. The SUBCONSULTANT will work with the ENGINEER to compile certain information to be included in a first draft of the RFP; such information will include but not be limited to the proposed business and financing structure, the proposed method of calculat- ing the vendor's fee and the RFP evaluation methodology. The out- put of this task will be a draft of a portion of the RFP that will serve as input to the preparation of the final RFP. The first com- plete draft of the RFP will be completed under another contract. Estimated hours of work and labor expense: 252 hours and $29,280 Estimated travel expenses (10 trips): $12,740 Estimate of non-travel expenses for above tasks: $3,000 2. REVISED BUDGET Paragraph 5 on page 2 of 2 of the VENDOR PROCUREMENT AGREEMENT is amended as follows: OWNER has approved the following budget for the project: $35,765 69,835 30,000 67,280 4,000 2,400 209,280 Direct Labor Overhead, Indirect Costs, and Fee on Labor Soils Subconsultant (Neyer Tiseo & Hindo) Financial Subconsultant (Public Financial Management) Other Direct Costs Fee on Soils Subconsultant TOTAL 3. PAYMENT PROVISIONS The SUBCONSULTANT shall submit monthly statements for services rendered. If the ENGINEER objects to any statement submitted by the SUBCONSULTANT, the ENGINEER shall so advise the SUBCONSULTANT in writing giving reasons therefore within 21 days of receipt of such statement. If no such objection is made, the statement will be considered accept- able by the ENGINEER. The ENGINEER shall bill the OWNER monthly on a separate invoice on account of the SUBCONSULTANT's services and expenses within 14 days af- ter receipt of the SUBCONSULTANT's statement, and shall pay the SUBCON- SULTANT within 14 days of the time the ENGINEER receives payment from the OWNER on account thereof. The OWNER shall pay the ENGINEER for the OAK10:13,11/30/87 Page 3 of 5 SUBCONSULTANT's services on a cost reimbursible basis with no fee. It is intended that payments to the SUBCONSULTANT will be made as the ENGINEER is paid by the OWNER and that the ENGINEER shall exert reason- able and diligent efforts to collect prompt payment from the OWNER. However, whether or not the OWNER pays the ENGINEER in full, the ENGI- NEER shall pay all amounts due the SUBCONSULTANT within a reasonable time after completion of the SUBCONSULTANT's services. The OWNER has approved the amount of $67,280 for the SUBCONSUL- TANT's services. The total amount of the VENDOR PROCUREMENT AGREEMENT as modified by Amendment No. 1 is $209,280. 4. OTHER PROVISIONS Paragraph 6.5 on page 4 of 5 of the VENDOR PROCUREMENT AGREEMENT is amended to add the following: ",except that the OWNER may, with the written consent of the ENGINEER, deal directly with any subconsultant contracting with the ENGINEER pursuant to this agreement." The second paragraph of paragraph 5 on page 2 of 2 of the VENDOR PROCUREMENT AGREEMENT is amended to add the following: ",except that the financial subconsultant may adjust the allocation of time or expen- ses between and among the tasks without changing the total level of com- pensation under their agreement. The ENGINEER shall require the SUBCON- SULTANT to furnish notification to the ENGINEER and to the OWNER as soon as practicable (as part of each monthly invoice) of any actual or expec- ted reallocation of labor or expenses between the four contract tasks covered by this agreement." Pages 5 of 16, 9 of 16, and 14 of 16 of Exhibit B to the VENDOR PROCUREMENT AGREEMENT are amended to indicate that only Dickinson, Wright, Moon, VanDusen & Freeman will act as a prime consultant to the OWNER; Public Financial Management will act as a subconsultant to the ENGINEER. All other provisions of the VENDOR PROCUREMENT AGREEMENT are made part of this Amendment No. 1 to the VENDOR PROCUREMENT AGREEMENT. OAK10:13,11/30187 Page 4 of 5 Date: Date: THIS AMENDMENT NO. 1 TO THE VENDOR PROCUREMENT AGREEMENT is entered into as of the day and year first above appearing. OWNER ENGINEER Roy Rewold, Chairperson Board of Commissioners J. W. Hawthorne Senior Vice President Date: Date: Daniel T. Murphey A. Barry Seymour County Executive Associate APPROVED AS TO FORM: Gordon R. Wylie Assistant Corporation Counsel Date: OAK10:13,11/30/87 Page 5 of 5 RESOLUTION # 87345 December 10, 1987 Moved by Hobart supported by Susan Kuhn the resolution be adopted. AYES: Caiandro, Crake, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni, Law, Luxon, McConnell, McDonald, A. McPherson, R. McPherson, Moffitt, Oaks, Page, Pernick, Rewold, Skarritt, Wilcox, Aaron, Bishop, Caddell. (24) NAYS: Price, Rowland. (2) 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 this Miscellaneous Resolution adopted by the Oakland County Board of Commissioners At thrnir" mnatinn halrl nn in ino7