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HomeMy WebLinkAboutResolutions - 1992.02.13 - 199534 Miscellaneous Resolution # 921113 February 13, 1992 BY: PLANNING & BUILDING COMMITTEE JOHN E. OLSEN, CHAIRPERSON IN RE: DRAIN COMMISSIONER RESOLUTION TO AUTHORIZE WATERFORD WATER SUPPLY SYSTEM IRON REMOVAL WATER TREATMENT FACILITIES CONTRACT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the County of Oakland (the "County") has heretofore established and constructed and acquired the Waterford Water Supply System pursuant to the Waterford Water Supply System Contract between the County and the Charter Township of Waterford (the "Township") dated as of November 1, 1963, as supplemented by the Supplemental Contract Waterford Water Supply System dated as of January 10, 1964, and the Amendment to Supplemental Contract Waterford Water Supply System dated as of March 10, 1964; and WHEREAS, it is now necessary to improve, enlarge and extend the Waterford Water Supply System by the acquisition and construction of the hereinafter described Waterford Water Supply System Iron Removal Water Treatment Facilities; and WHEREAS, by the terms of Act 342, the County and the Township are authorized to enter into a contract for the acquisition, construction and financing of the Waterford Water Supply System Iron Removal Water Treatment Facilities consisting of water supply facilities to serve the Township and for the payment of the cost thereof by the Township, with interest, and the County is then authorized to issue its bonds in one or more series to provide the funds necessary therefor; and WHEREAS, there has been submitted to this Board of Commissioners a proposed contract between the County, by and through the County Drain Commissioner, County Agency, party of the first part, and the Township, party of the second party (the "Contract"), which Contract provides for the acquisition, construction and financing of the Waterford Water Supply System Iron Removal Water Treatment Facilities (the "Project"), and which Contract is hereinafter set forth in full; and WHEREAS, there have also been submitted for approval and adoption by this Board of Commissioners, preliminary plans, specifications and estimates of the cost and period of usefulness of the Project; and WHEREAS, the Contract provides for the issuance here- after of the bonds in one or more series to defray all or part of the cost of the Project, said bonds to be secured by the contractual obligations of the Township to pay to the County amounts sufficient to pay the principal of and interest on the hereafter authorized bonds and to pay such paying agent fees and other expenses as may be incurred on account of said bonds; and WHEREAS, this Board of Commissioners desires to proceed with the establishment of the Project and the approval and execution of the Contract to acquire, construct and finance the Project as provided in the Contract. THEREFORE BE IT RESOLVED by the Board of Commissioners of Oakland County, Michigan, as follows: 1. ESTABLISHMENT OF SYSTEM AND DESIGNATION OF COUNTY AGENCY. This Board of Commissioners by majority vote of its members-elect does hereby authorize and direct that there be established, and there is hereby established, under and pursuant to Act 342, water supply facilities to be known as the "Waterford Water Supply System Iron Removal Water Treatment Facilities," which shall consist of enlargements, additions and improvements to the Waterford Water Supply System, as specified and to be located as shown in Exhibit A to the Contract; that the Project shall serve the Township; that the Oakland County Drain Commissioner is hereby designated and appointed as the "County Agency" for the Waterford Water Supply System Iron Removal Water Treatment Facilities; that the County Agency shall have all the powers and duties with respect to the Waterford Water Supply System Iron Removal Water Treatment Facilities as are provided by law and especially by Act 342; and that all obligations incurred by the County Agency with respect to the Waterford Water Supply System Iron Removal Water Treatment Facilities, unless otherwise authorized by this Board of Commissioners, shall be payable solely from funds derived from the Township as hereinafter provided. 2. PLANS AND SPECIFICATIONS -- ESTIMATES OF PERIOD OF USEFULNESS AND COST. The preliminary plans and specifications for the Project and the estimates of $9,100,000 as the cost thereof and of 20 years and upwards as the period of usefulness thereof, as submitted to this Board of Commissioners, are hereby approved and adopted. -2- 3. EXCEPTION FROM PkIOR TREASURY APPROVAL. The County Drain Commissioner and the County Treasurer are each hereby severally authorized to file with the Michigan Department of Treasury a Notice of Intent to Issue an Obligation with respect tc the first series of the aforementioned bonds in the principal arount not to exceed $6,000,000 and to pay, upon the filing of said notice, the filing fee of $400. 4. APPROVAL OF CONTRACT. The Waterford Water Supply System Iron Removal Water Treatment Facilities Contract dated as of October 1, 1991, 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, 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. The Contract reads as follows: J //I nzica Assista Chie Engineer ROBERT H FREDERICKS Chief Deputy Commissioner 858.0970 GEORGE W. KUHN OAKLAND COUNTY DRAIN COMMISSIONER ONE PUBLC WORKS DRIVE WATERFORD, MICHIGAN 48328-1907 858-0958 FAX # (313) 858-1066 GLEN YRIANAINEN Deputy & Chief Engineer Drain & Lakes Engineering 858-0981 WILLIAM E. KLOCKOW Chief Engineer Water & Sewer Engineering 858.1094 June 3, 1992 Dickinson, Wright, Moon, Van Dusen & Freeman 800 First National Building Detroit, Michigan 48226-3555 Attention: Mr. Paul Wyzgoski Reference: Waterford Water Supply System - Iron Removal Water Treatment Facilities Dear Mr. Wyzgoski: Enclosed please find a fully executed copy of the Contract between the County of Oakland and the Township of Waterford dated the 1st day of October 1991. If you should have any questions, please do not hesitate to contact me. Veryi truly yovrs, PS/ td Enclosure cc: Mrs. Becky Wischman, Oakland County Clerk's Office System dated as of March 10, 1964, hereinafter referred to as the "Base Contract"; and WHEREAS, it is now necessary for the public health and the welfare of the present and future residents of the Township to improve, enlarge and extend the System by the acquisition and construction of the Waterford Water Supply System Iron Removal Water Treatment Facilities (the "Project"); and WHEREAS, under and subject to the terms of Act 342, Public Acts of Michigan, 1939, as amended ("Act 342) the County is authorized, through the County Agency, to acquire and con- struct the Project as part of the System, the County and the Township are authorized to enter into a contract, as hereinafter provided, for the acquisition and construction of the Project 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 Township 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 Commissioners, to pledge its full faith and credit for the payment of such bonds and the interest thereon; and WATERFORD WATER SUPPLY SYSTEM IRON REMOVAL WATER TREATMENT FACILITIES CONTRACT THIS CONTRACT, made and entered into as of ':.he 1st day of October, 1991, 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 Commis- sioner, County Agency, party of the first part, and the CHARTER TOWNSHIP OF WATERFORD, a charter township located in the County (hereinafter sometimes referred to as the "Township"), party of the second part. WITNESSETH: WHEREAS, the Oakland County Board of Supervisors, by Resolution Misc. No. 3909, adopted on February 6, 1962, estab- lished the Waterford Water Supply System (the "System") to serve the Township; and WHEREAS, the County, through its Board of Public Works, has constructed and acquired the System pursuant to the provi- sions of Act No. 185, Public Acts of Michigan, 1957, as amended, and pursuant to the Waterford Water Supply System Contract between the County and the Township dated as of Noveuber 1, 1963 (said contract as supplemented by the Supplemental Contract Waterford Water Supply System dated as of January 10, 1964, and the Amendment to Supplemental Contract Waterford Water Supply WHEREAS, the parties hereto have concluded that the Project 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, preliminary plans for the Project and also estimates of the cost of the System and the period of usefulness thereof have been prepared by Fishbeck, Thompson, Carr & Huber (hereinafter sometimes referred to as the consulting engineers), and have been submitted to and approved by the Board of Commis- sioners of the County and the Board of the Township and 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 Project 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. THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE COVENANTS OF EACH OTHER, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The parties hereto hereby approve and agree to the acquisition, construction and financing of the Project as part of -3- the System as herein provided, under and pursuant to Act 342. The Township by way of compliance with Section 29, Article VII, Michigan Constitution of 1963, consents and agrees to the establishment and location of the Project within its corporate boundaries 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 Project and the System and any improvements, enlargements and extensions thereof, and the Township further agrees that, in order to evidence and effectuate the foregoing agreement and consent, it 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. 2. The Project shall consist of enlargements, addi- tions and improvements to the System as 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 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 varia- tions 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 / -4- 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 Township Board 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 of the Project which is in excess of funds available from other sources. Such bonds shall be issued in anticipation of, and be payable primarily from, the payments to be made by the Township 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 years from the date thereof. 4. The County Agency shall proceed to take construc- tion bids for the Project and, subject to the sale and delivery -5-- of said bonds, enter into construction contracts with the lowest responsive and responsible bidder or bidders, procure from the contractors all necessary and proper bonds and insurance, 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 and the United States of America. All certifi- cates 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 and main- tain, 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 memorandums of insurance shall provide that the County and the Township shall be insured parties thereunder and shall contain a provision requiring that the Township be notified at least ten days prior to cancellation thereof. One copy of each policy and memorandum of insurance shall be filed with the Township. 5. It is understood and agreed by the parties hereto that the Project is to serve the Township and not the individual property owners and users thereof, unless by special arrangement between the County Agency and the Township. The responsibility -6- of requiring connection to and use of the Project and the System and/or providing such additional facilities as may be needed shall be that of the Township which shall cause to be constructed and maintained, directly or through the County, any such neces- sary additional facilities. The County shall not be obligated to acquire or construct any facilities other than those designated in paragraph 2 hereof. 6. The Township shall pay to the County the total cost of the Project (less such funds as may become available from other sources), which 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 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 direct and indirect administrative expenses) which are payable on account of said bonds (such fees, expenses and charges being herein called "bond service charges"). Such payments shall be made to the County in 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. Such an annual installment 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 -7- 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 Township Treasurer 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 Township, advise the Township Treasurer of the amount payable to the county on such date. If the Township 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 Township from the obligation to make payment when due. Such payments shall be made by the Township when due whether or not the Project 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. 7. The Township 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 -8- the parties hereto. The Township also may 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 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 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 Project shall exceed the estimated cost, whether as the result of variations or changes permitted to be made in the approved plans or otherwise, then (without execution of any further contract or amendment of this contract) the Township Board may, by resolution adopted within fifteen days after the receipt of construction bids, direct that a portion of the Project be deleted sufficient to reduce the total cost to an amount which shall not exceed the total estimated cost as hereinbefore stated by more than 5%, provided -9-- that such deletion shall not materially change the general scope, overall design and purpose of the Project, or in the absence of the adoption of such a resolution the Township shall pay or procure the payment of the increase or excess in cash, or 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; provided, however, that no such increase or excess shall be approved and no such increased or additional County bonds shall be authorized to be issued, nor shall the County enter into any contract for acquisition or construction of the Project or any part thereof or incur any' obligation for or pay any item of cost therefor, where the effect thereof would be to cause the total cost of the Project to exceed by more than 5% its total estimated cost as hereinbefore stated, unless the Township Board shall have previously 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 Township 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 Township to the County in the manner hereinbefore provided; provided, further, that the adoption of such resolution by the Township Board shall not be required prior to or as a condition precedent to the issuance of additional bonds by the -10-- 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, at the option of the Township Board, shall be used to improve, enlarge or extend the Project within the Township, to apply upon future payments due to the County, to redeem bonds or to purchase bonds on the open market, provided that such surplus shall be used to improve, enlarge or extend the Project only if authorized by the Board of Commissioners. Any such surplus may, for the purpose of improv- ing, enlarging or extending the Project, be supplemented by cash payments to be made by the Township, or such improvements, enlargements or extensions may be financed entirely from such cash payments, where authorized by the Township Board. 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 Township to the County shall be reduced so as to reflect the resulting saving of interest and the payment required to be made in the calendar year of the stated maturity of said bonds shall be reduced by the principal amount thereof. 10. Should the Township fail for any reason to pay the County at the times specified, the amounts herein required to be paid, the Township does hereby authorize the State Treasurer or other official charged with the disbursement of unrestricted state funds returnable to the Township 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 are 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 the Township, 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 the Township 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 the Township. 11. The Township, pursuant to the authorization of Section 5a of Act No. 342, hereby pledges its full faith and credit for the prompt and timely payment of its obligations -12-- expressed in this contract and each year shall levy a tax in an amount which, taking into consideration estimated delinquencies in tax collections, will be sufficient to pay its obligations under this contract 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 Township shall have on hand in cash other funds (including but not limited to funds from special assessments, user charges or connectiol fees) 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; and provided further, however, that any taxes levied by the Township shall be subject to applicable constitutional, statutory and charter tax rate limitations. The Township Board shall each year, at least 90 days prior to the final date provided by law for the making of the annual Township tax levy, submit to the County Agency a written statement setting forth the amount of its obligations to the County which becomes due and payable under this contract prior to the time of the next follow- ing year's tax collections, the amount of the funds which the Township has or will have on hand or to its credit in the hands of the County which have been set aside and pledged for payment of said obligations to the county, and the amount of the Township taxes next proposed to be levied for the purpose of raising money to meet such obligations. The County Agency shall review such statement promptly and, if he finds that the proposed Township -13- • tax levy is insufficient, he shall so notify the Township Board, and the Township hereby covenants and agrees that it will thereupon increase its levy to such extent as may be required by the County Agency. 12. No change in the jurisdiction over any territory in the Township shall in any manner impair the obligations of this contract or affect the obligations of the Township hereunder. In the event that all or any part of the territory of the Township is incorporated as a new township or is annexed to or becomes a part of the territory of another municipality, the municipality into which such territory is incorporated or to which such territory is annexed shall assume the proper proportionate share of the contractual obligations (including the pledge of full faith and credit) of the Township, which proper proportionate share shall be fixed and determined by the County Agency and shall be binding upon all parties concerned unless, within sixty (60) days after such incorporation or annexation becomes effec- tive, the governing body of the municipality into which such territory is incorporated or to which such territory is annexed and the Township Board shall by mutual agreement and with the written approval of the County Agency fix and determine such proper proportionate share. The County Agency shall, prior to making such determination, receive a written recommendation as to the proper proportionate share from a committee composed of one representative designated by the Township Board of the Township, -14- one designated by the governing body of the new municipality or the municipality annexing such territory, and one independent registered engineer appointed by the County Agency. Each govern- mental unit shall appoint its representative within fifteen (15) days after being notified to do so by the County Agency and within a like time the County Agency shall appoint the engineer third member. If any such representative (other than the appointee of the County Agency) is not appointed within the time above provided, then the County Agency may proceed without said recommendation. If the committee shall not make the recommenda- tion within forty-five (45) days after its appointment or within any extension thereof by the County Agency, then the County Agency may proceed without such recommendation. 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 Project as is necessary to be financed, which bonds shall be issued under the authorization provided in Section 5a, 5b and 5c of Act 342. Interest on the bonds may 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 et this contract, then unless extended by mutual agreement it shall become null and void, except that the Township shall pay all engineering, legal and other costs and expenses theretofore incurred and shall be -15- entitled to all plans, specifications and other engineering data and materials. 14. Upon completion of the Project, the Project shall be leased to and used by the Township in accordance with paragraph 11 of the Base Contract. In the event that the Base Contract expires prior to the expiration of this contract, the provisions of paragraph 11 of the Base Contract shall continue to apply to the lease to and use by the Township of the Project as if set forth herein. 15. The County shall have no obligation or responsibil- ity for providing water or water supply facilities except as herein expressly provided with respect to the acquisition and construction of the Project or as otherwise provided by contract. The Township shall have the authority and the responsibility to provide such other facilities and shall have the right to expand the facilities of the System by constructing or extending water mains and trunks or related facilities, connecting the same to the System, and otherwise improving the System. It is expressly agreed, nevertheless, that no such connection (other than individual unit tap-ins) shall be made to the System 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. -16-- 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. 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 Township to the making of its 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 outstanding and unpaid, the provisions of 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 contracts or otherwise, is nevertheless reserved insofar as the same do not have such adverse effect. The parties hereto further covenant and agree that they each will comply with their respective duties and obligations under the terms 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 supplemental contract and any contract entered into -17- pursuant hereto, insofar as they pertain to said bonds or to the payment or 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 provisions of this contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, ille- gality or unenforceability shall not affect 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 Township Clerk of the Charter Township of Waterford in accordance with the provisions of said Section 5b of Act 342 then this contract shall not become effective until approved by the vote of a majority of the electors of the Township qualified to vote and voting thereon at a general or special election. This contract 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 the County bonds together with all -18-- CHARTER TOWNSHIP OF WATERFORD By: Supervisor County Drain Commissioner (Count , Agency) 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 if and be 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 the undersigned, being duly authorized by the respective governing bodies of such parties, all as of the day and year first above written. / And: Clerk PMW/09027/0060/AL0/3 -19- =lap • WELL • STORAGE TANK • TREAT).ENT SITE WATERFORD TOWNSHIP OAKLAND COUNTY, 1004C+41 WATERFORD WATER SUPPLY SYSTEM IRON REMOVAL WATER TREATMENT FACIUTIES EXHIBIT "A' neteck thorni>acc, carr & huber engineers & scientisle SEPT. 20. 1991 ESTIMATE OF COST CONTRACTED SERVICES - CONSTRUCTION COST PHASE I CONSTRUCTION Site - 16-1 $ 751,000 Site - 19-1 715,000 Site - 24-1 521,000 Site - 25-1 787,000 Site - Water Tower 712,000 Water Mains 262.000 SUB-TOTAL - PHASE I PHASE II CONSTRUCTION Site - 5-1 $ 525,000 Site - 12-1 545,000 Site - 14-1 932,000 Site - 28-1 760,000 Site - 32-1 490,000 SUB-TOTAL - PHASE II TOTAL CONSTRUCTION COST $ 3,748,000 $3,252,000 S 7,000,000 S 1,052,500 MAX) S 1,062,500 WATERFORD WATER SUPPLY SYSTEM IRON REMOVAL WATER TREATMENT FACILITIES CONTRACTED SUYICES - PROJECT DEVELOPMENT ENGINEERING: Consulting Engineer $ 1,041,500 Soil Borings 11.000 Legal Services SUB-TOTAL EXHIBIT "13* Page 1 of 2 $ 835,500 $9,100,000 EXHIBIT "B" Page 2 of 2 WATERFORD WATER SUPPLY SYSTEM IRON REMOVAL WATER TREATMENT FACILITIES ESTIMATE OF COST (continued) CONTRACTED SERVICES - PROJECT FINANCING Bond Counsel S 49,000 Financial Consultant 24,000 Official Statement 4,000 Bond Rating Fees 18,000 Bond Printing 3,000 Bond Advertisement 4,000 Bond Discount 100.000 SUB-TOTAL COUNTY SERVICES - PROJECT MANAGEMENT Engineering $ 70,000 Administration 35,000 Right-of-Way (including Legal) 23,500 Soil Erosion Permit 7,000 CONTINGENCY 700-000 SUB-TOTAL TOTAL CONSTRUCTION COST 202,000 I hereby certify the period of usefulness of this facility to be twenty (20) years and upwards. FISHBECK, THOMPSON, CARR & HUBER, INC. By: jikkq c--51: je()Jki Gregory1L P.E. 10/2/91 nly 4. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are rescinded. Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foring i resolution. (7 )44A OZJAJ PLANNING(AND BUILDING COMMITTEE I HEREBY APPR T. Murphy, THE FOREGOING RESOLUT10,1 Date PMW/09027/0060/AM1/3 —4— Resolution # 92013 February 13, 1992 In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 13th day or) February A 1992 ; _ Lynn/O. Aiien, County Clerk ' • Moved by Olsen supported by Huntoon the resolution be adopted. AYES: Huntoon, Jensen, Johnson, Krause, Law, McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks, Olsen, Palmer, Pappageorge, Pernick, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Ferrens, Gosling. (25) 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 February 13,1992 with the original record thereof now remaining in my office.