HomeMy WebLinkAboutResolutions - 1991.06.13 - 18520June 13, 1991 REPORT (Misc. 91119)
BY: Planning and Building Committee, Larry P. Crake, Chairperson
RE: Public Works/Facilities Engineering Division: Authorization of Project-
Underground Storage Tank Removal-Davisburg Garage
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above
referenced resolution on June 4, 1991, reports with the recommendation that
the resolution be adopted.
Mr. Chairperson, on behalf of the Planning and Building Committee, I
move acceptance of the foregoing report.
PLANNING AND BUILDING COMMITTEE
2
MISCELLANEOUS RESOLUTION #91119 June 13, 1991
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: PUBLIC WORKS/FACILITIES ENGINEERING DIVISION - AUTHORIZATION OF PROJECT-
UNDERGROUND STORAGE TANK REMOVAL - DAVISBURG GARAGE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #7389 of 1975 authorized the installation of
a 12,000 gallon underground storage tank at the Road Commission's Davisburg District
Garage; and
WHEREAS the tank is no longer used and State and Federal require the removal of
abandoned tanks; and
WHEREAS the Road Commission is planning to replace their underground storage
tanks and has agreed to include the removal of Oakland County's tank as part of their
project; and
WHEREAS the estimated cost to remove the Oakland County tank is $18,000 and the
potential exists that costs will be incurred in the removal of contaminated soil, which
will be determined during the project; and
WHEREAS the County Executive's Department of Public Works recommends that $88,000
be established in the project to fund the removal of contaminated soil without delay;
and
WHEREAS the total cost of the above mentioned work is estimated to be $106,000;
and
WHEREAS funding for the above mentioned project is available in the 1991 Capital
Improvement Program - Utilities Section Fund #40200; and
WHEREAS the contract has been reviewed and approved in accordance with the County
Executive Contract Review Process.
NOW THEREFORE BE IT RESOLVED as follows:
1) The Board of Commissioners authorizes the transfer of $106,000 from the
1991 Capital Improvement Program - Utilities Section to the Project Work
Order Fund #40400 to establish the Underground Storage Tank -Davisburg
Garage Project.
The County is authorized to enter into a agreement with the Oakland County
Road Commission to complete the project in concurrence with the Planning
and Building Committee recommendations.
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the
foregoing resolution.
FINANCE COMMITTEE
UNDERGROUND GASOLINE TANK
REMOVAL AGREEMENT
THIS AGREEMENT is made this day of
1991, between the COUNTY OF OAKLAND, a Michigan Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341
(COUNTY) and the BOARD OF COUNTY ROAD COMMISSIONERS FOR THE
COUNTY OF OAKLAND, a Public Body Corporate, 31001 Lahser Road,
Birmingham, Michigan 48010 (ROAD COMMISSION).
The parties agree as follows:
1. The ROAD COMMISSION owns a parcel of property at
10275 Dixie Highway, Davisburg, Michigan, known as the Davisburg
District Garage:
2. The COUNTY installed a 12,000 gallon underground
storage tank, associated piping, and gas dispensing equipment at
that location in 1975 for the purpose of storing and dispensing
unleaded gasoline, which is no longer in use.
3. The ROAD COMMISSION is planning ROAD
COMMISSION Project #99051 to remove and replace its own
underground storage tanks at the Davisburg District Garage.
4. The ROAD COMMISSION agrees to include as part of
said project the removal of the COUNTY'S tank and to include
in the bid specifications that the Contractor(s) comply with EPA
and DNR requirements in effect at bid submittal time.
5. The COUNTY agrees to pay the ROAD COMMISSION'S
invoice for that portion of the contracted work attributable to
removal of the COUNTY'S tank in an amount not to exceed
Eighteen Thousand Dollars ($18,000). The COUNTY shall pay
said invoice within thirty (30) days of the date of invoice
receipt. The ROAD COMMISSION shall invoice the COUNTY after
said removal work is completed.
6. The COUNTY further agrees that in the event
contaminated soil is discovered during the removal process,
which is directly attributable to the COUNTY'S underground
tank, it will pay for the costs incurred in the removal and
proper disposal of said contaminated soil, said costs to include
testing and all activities required by State and Federal laws
and regulations.
7. The COUNTY agrees, to the extent permitted by
law, to defend, indemnify and hold harmless the ROAD
COMMISSION, its officers and employees against any and all
claims for property damage, bodily injury, environmental damage
and/or environmental cleanup costs arising from the removal of
the COUNTY'S tank from the ROAD COMMISSION property,
excepting claims resulting from the sole negligence of the ROAD
COMMISSION, its officers and employees. However, the COUNTY
does not waive any or all of its rights as against the
Contractor(s) selected by the ROAD COMMISSION. The COUNTY
retains the right to proceed against said Contractor(s) whether
directly or through the ROAD COMMISSION.
BOARD OF COUNTY ROAD
COMMISSIONERS FOR THE COUNTY
OF OAKLAND, a Public Body
Corporate
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
By: By:
I t s :
ROY REWOLD, Chairperson,
Board of Commissioners
APPROvED AS TO FOAM
")eroaa-tenent C,oteofele3n Counsel
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Resolution # 91119 June 13, 1991
Moved by Caddell supported by Schmid the Planning and Building Com-
mittee Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Caddell supported by Johnson the resolution be adopted.
AYES: Ferrens, Gosling, Huntoon, Jensen, Johnson, Krause, Law,
McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks, Olsen, Palmer,
Pappageorge, Pernick, Price, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop,
Caddell, Crake. (26)
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, do hereby certify that the foregoing
resolution is a true and accurate copy of a resolution adopted by the Oakland County
.Board of Commissioners on June 13 1991
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County
of Oakland at Pontiac, Michigan this 13th . day of—) June 1991
Lynny0. Allen, County Clerk