HomeMy WebLinkAboutResolutions - 1992.03.18 - 20600JOHN E. OLSEN
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ning and Building Committee
----ovAPPROVETHE FOREGOING RESOLUTION
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Miscellaneous Resolution #92051 March 19 , 1992
BY: Planning and Building Committee
IN RE: Central Services/Radio Communications - Contract with the city of Novi
for a Radio Tower Site on their DPW Property
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, the Board of Commissioners, on MR 90281, 12-13-90, awarded a
contract for the construction of an 800 MHz county-wide communication system;
and
WHEREAS, such a system involves the construction of radio communication
towers at various locations throughout the county; and
WHEREAS, the County and Motorola were unable to construct a tower in a
timely fashion on the County's Walled Lake DPW property as planned due to
opposition from local sources; and
WHEREAS, the Radio Communications Oversite Committee, created on MR 91247,
12-12-91, has negotiated a contract with the city of Novi for construction of a
tower on their DPW property; and
WHEREAS, MR 82176, 6-3-82, requires that all intergovernmental agreements
be approved by the Chairman of the Board of Commissioners; and
NOW, THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the attached contract with the city of Novi and
authorizes the chairman of the Board to execute said contract in accordance with
MR 82176.
BE IT FURTHER RESOLVED that this contract shall also be signed by the
County Executive in order to be consistent with other system tower site
contracts which do not involve other governments or government agencies.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move
the adoption of the foregoing resolution.
COMMUNICATIONS TOWER AGREEMENT
CITY oF NOVI
THIS AGREEMENT, made and entered into this day
of , 1992, by and between the CITY OF NOVI, a
Michigan municipal corporation, whose address is 45175 West
Ten Mile Road, Novi, Michigan, (hereinafter referred to as
"City') and the COUNTY OF OAELAND, a Michigan Constitutional
corporation (hereinafter referred to as 'County"), as
represented by its County Executive.
WHEREAS, the County has requested that it be
permitted to construct, operate and maintain a communications
tower, attendant building and related facilities on certain
property owned by the City; and
WHEREAS, the subject property is the location of the
City's Department of Public Works facilities; and
WHEREAS, the City has determined that it is
necessary to construct an additional storage building for the
use of its Department of Public Works on the subject property;
and
WHEREAS, the County intends that such tower,
building and related facilities, which will replace its
existing facilities, will provide significantly improved
communication capabilities to various governmental agencies,
resulting in improved services including emergency services;
and
WHEREAS, utilization of such tower by the City will
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enable the City to avoid the expenditure of funds which would
otherwise be made to improve its own communication tower
facilities; and
WHEREAS, in the judgment of the County and the City,
the best interests of the public will be served and a more
efficient utilization of public funds will occur, if the
County is permitted to construct the tower and related
facilities on the subject property, if the county is permitted
to utilize space within the proposed City storage building for
a radio room, and if the City is permitted to utilize the
tower, related facilities and radio room.
NOW, THEREFORE, it is hereby agreed between the
parties as follows:
1. That subject to the terms and conditions set
forth below, the City hereby agrees to permit the County to
construct, operate and maintain a radio transmission tower and
related facilities in accordance with and as more fully
described on the approved site plan, attached hereto as
Exhibit 'YAM, upon the City of Novi's Department of Public
Works' property. For purposes of this Agreement, the related
facilities shall consist of the fence surrounding the tower,
the stand-by electrical power generating equipment, the radio
room within the storage building depicted on Exhibit ffAff, and
any and all utility service connections required for operation
of the radio room.
2. The County agrees to assume total and exclusive
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03/04/92 12:25 '5'313 645 5106 FRIED & LEVITT -*44 TRINITY TECH Z004
responsibility for the design, construction, maintenance,
repair and restoration of the tower and related facilities for
so long as they may exist. If, for any reason, this Agreement
is terminated, the County agrees to remove the tower and
related facilities and to restore the property where same are
to be located, to a condition reasonably similar to that prior
to the construction thereof. The City will pay the County
$18,277.50 as a contribution for the upgrading of the tower
to accommodate City of Novi communications facilities.
3. The City agrees to design, construct, operate
and maintain the storage building depicted on Exhibit ffAff,
including the paving improvements appurtenant to the storage
building, and including the construction of lines to supply
electrical power to the building. Notwithstanding the above,
the County shall be responsible for design, construction,
operation and maintenance of the radio room within said
storage building, including electrical wiring for the radio
room. The radio room shall be separately metered from the
remainder of the storage building relative to the use of
electrical power. The County shall be responsible for
electric utility charges for the radio room, and the City
shall be responsible for electric utility charges for the
rPmainder of the storage building. The County shall reimburse
the city for a portion of the construction costs of the
storage building and appurtenant paving in accordance with the
following formula for cost distribution:
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03/04/92 12:25 2Y313 645 5106 FRIED & LEVITT 44- TRINITY TECH 005
(a) Storage building
City: 9240 SF = 96.25%
County: 360 SF = 3.75%
(b) Radio Room
City: 0%
County: 100%
(c) Paved parking/vehicular travel areas
City: 100% less a percentage
representing the square footage
of paving that would have been
required to have been installed
under the County's previously
submitted plan for a
communications tower in Section
9 of the City (City of Novi Site
Plan No. 91-37) .
County: That percentage representing the
square footage of paving that
would have been required to have
been installed under the
County's previously submitted
plan for a communications tower
in Section 9 of the City (City
of Novi Site Plan No. 91-37) .
Construction costs shall include permit fees and
inspection costs and be calculated based upon the actual final
cost accounting as approved by the City of Novi Finance
Department. Construction costs shall not include the cost of
preparation by the City of the site plan for the improvements,
which cost will be borne by the City.
4. The County shall provide the City seventy-two
(72) square feet of floor space, or such other area as is
mutually agreed by the parties, within the radio room for the
location of current and future communication equipment of the
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03/04/92 12:26 V313 645 5106 FRIED & LEVITT 444 TRINITY TECH
City of Novi, as well as all electrical power necessary for
the continued operation of such equipment. The County shall
provide stand-by electrical power generating equipment to
enable the City to operate the following facilities during
periods when normal electrical service is interrupted: (a)
Vehicle and equipment fueling facility; (b) Radio
communications equipment; (c) Storage building lighting; and
(d) Storage building automatic doors. The County shall be
responsible for the construction, installation, operation and
maintenance of such stand-by electrical power generating
equipment, provided, that if the City determines at its sole
option to heat the storage building with natural gas, the City
shall permit connection to such lines by the County for the
purpose of providing natural gas to the stand-by electrical
power generating equipment, and the City shall supply such
natural gas for the operation of such equipment.
5. During construction and upon completion of the
installation of the tower and related facilities, the County
agrees to save harmless, indemnify, represent and defend the
City, its employees, officers and agents, from any and all
claims for bodily injury or property damage or any other claim
relating to or arising out of the design, location,
construction, maintenance, repair and restoration, operation,
use or continuing existence of the tower and related
facilities, excepting those claims which arise out of the sole
negligence of the City of Novi, its employees, officers or
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03/04/92 12:26 U313 645 5106 FRIED E.: LEVITT 444 TRINITY TECH U007
agents.
6. The County shall provide proof of insurance
with the coverages and in the amounts set forth in Exhibit
AB M', attached hereto; shall cause the City to be a named
insured on all such policies; and shall also require its
contractor(s) involved with the construction, maintenance and
operation of the tower and related facilities to provide same.
7. That the County or independent contractor shall
be solely responsible for obtaining all permits and approvals
that may be required by the City in reference to the proposed
construction and operation of the tower and related
facilities.
8. That the County shall comply with all
applicable state and local laws, ordinances and regulations
in reference to the proposed construction and operation of the
towers and related facilities.
9. The County hereby agrees to pay the City the
sum of $1.00 for the term of this Agreement.
10. The County expressly agrees to allow the City
to use said tower and related facilities as described in
attached Exhibit "Cm'. There shall be no charge to Novi for
the use of the tower and related utilities.
11. The County shall take all appropriate measures
to ensure the safety of the site during construction. Upon
completion of construction or maintenance, County shall
reasonably restore the land to its condition prior to such
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03/04/92 12:27 tS'313 645 5106 FRIED & LEVITT 444 TRINITY TECH 00S
construction or maintenance.
12. The County shall conduct activity upon the
City's property in compliance with all applicable federal,
state and local statutes, rules and regulations and shall
obtain all permits necessary for compliance with said
statutes, rules and regulations.
13. The County shall, at its own expense, obtain
all necessary permits and licenses required by the Federal
Communications Commission (FCC) and the Federal Aviation
Administration (FAA) and shall be responsible for continual
compliance with FCC and FAA rules and regulations.
14. The County may lease or otherwise provide space
on the tower to third parties with the consent of the City,
which consent shall not be unreasonably withheld. County
shall ensure that neither County's communication System nor
the communication system placed on the tower by third parties
interfere with the operation of the City's communication
system.
15. The County and the City, at their own cost and
expense, shall promptly and duly execute and deliver to the
other party such further documents and assurances and take
such further action as such other party may from time to time
reasonably request in order to more effectively carry out the
intent and purpose of this Agreement.
16. Except as specifically provided in this
Agreement, nothing contained herein shall be construed to
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03/04/92 12:27 '5'313 645 5106 FRIED & LEvITT 444 TRINITY TECH Qicmas
limit or otherwise alter the rights and interests of the City
in its property.
17. That the term of this Agreement shall commence
upon the date first written above and shall continue for a
period of 25 years; and shall be renewed automatically for
additional 10 year periods, unless written notice of intent
not to renew is provided by either party, to the other party,
not less than 1 year prior to the expiration of the term of
the original agreement, or any renewal thereof.
18. This Agreement shall inure to the benefit of
and be binding upon the respective parties hereto, their
successors and assigns.
19. This instrument embodies the whole agreement
of the parties. There are no promises, terms, conditions, or
obligations other than those contained herein. There may be
no modification of this agreement, except in writing.
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed by their duly authorized
officers as of the day and year indicated.
WITNESSED BY: SIGNED:
CITY OF NOVI, a Michigan
municipal corporation
MATTHEw QUINN - Mayor
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03/04/92 12:27 V313 645 5106 FRIED & LEVITT 444 TRINITY TECH 0010
GERALDINE STIPP - City Clerk
COUNTY OF °ARLAND, a Michigan
Constitutional corporation
By:
Its:
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INSITRW,B REQUIMCENTS
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1. The County and any contractors or sub-contractors
utilized by the County shall procure and maintain in
force during construction the following insurance and/or
self-insurance:
a. Workmans' Ccopensation Insurance - as required by
the Workmans' Compensation Law of the State of
Michigan for all of bis eMployees engaged in Work
connected with this Contract.
Also, Employer's Liability insurance in an amount
of not less than $100,000.00.
b. Comprehensive General Liability Insurance - to
protect from claims for damages because of bodily
injury, sickness, or disease or death of any person
other than employees including claims insured by
personal injury liability Coverage and from claim
for injury or destruction of tangible property
including loss of use resulting therefrom, any and
all of which may arise out of or result from the
operations under the contr4ct whether such
operations be by the County or by any contractor or
subcontractOr or any directly or indirectly employed
by any of them or for whose acts any of them may be
legally liable. Such insure ace shall provide
$1,000,000.00 combined single limit comprehensive
general liability witn $3,000,000.00 aggregate
amount, broad form endorseme-mt, or the following
minimum requirements:
1. Products and complete operations
2. Broad form property damage
3. premises/Operations
4. Indapendent contractore
5. Blankot-Broad Form Contractual
6, Personal Injury - Delete contractual exclusion
'Aly and employee exclusion 'cif
The City of Novi, its individual employees, elected
and appointed officials, and agonts shall be named
as additional insurds.
c. Combined Single Limit Automobile Liability in the
amount of $1,000,000.00. Ths policy shall include
coverage for owned, non-awned and hired and leased
motor vehicles, as well ag required no fault
coverage.
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d. Umbrella Excess Liability Insurance - the County
shall maintain insurance or self-insurance during
the life of the contract Umbrella Excess Liability
Insurance in a single limit of at least
$1,000 8 000.00. This insurance shall provide
coverage at least as broad as that included in the
comprehensive general liability and Comprehensive
motor vehicle liability policies and also include
the employer's liability insurance in excess of that
included in the worker's compenzatinn policy.
2. General CertificNtes._ of_ Insurance
All Certificates of Insurance, self insurance, and/or
duplicate policies of any outside vendor or contractor
ball contain the followirtg clauses:
a, "The insurance company(s) issuing the policy or
policies shall have no recourse against the City of
Novi for paynent Of any premiums or for assessments
under and form of policy."
b. "Any and all deductibles in the above-described
insurance policies shall be assumed by and be for
the account of, and at sole risk of, the
contractor."
All certificates are to provide 30 days notice of
material change or cancellation. Cortificates of
Insurance and insurance binders must be provided no less
than ten (10) working days before commencement of work
to the City of Novi.
itacK VitnWEMENT AND PnFET‘i
APPI-I,OVED
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County
of Oakland at Pontiac, Michigan this 19th day Ro March, 199
March 19, 1992 Resolution # 92051
Moved by Olsen supported by Schmid the resolution be adopted.
AYES: Millard, Oaks, Obrecht, Olsen, Palmer, Pernick, Schmid, Serra, Skarritt,
Wolf, Aaron, Bishop, Caddell, Crake. Gosling, Huntoon, Johnson, Krause, Law, McConnell,
McCulloch, McPherson. (22)
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 March 19, 1992
with the original record thereof now renaining in my office.
LynryD. Allen, County Clerk