HomeMy WebLinkAboutResolutions - 2017.09.06 - 23096MISCELLANEOUS RESOLUTION #17254 September 6, 2017
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: COUNTY EXECUTIVE AND WATER RESOURCES COMMISSIONER — WATER MAIN
EXTENSION GREENCASTLE SUBDIVISION, FARMINGTON HILLS — INTERLOCAL AGREEMENT
PROJECT APPROPRIATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners authorized Corporation Counsel to negotiate an interlocal
agreement with the City of Farmington Hills and authorized the Board Chairperson to execute the
interlocal agreement per M.R. #17071 adopted March 30, 2017; and
WHEREAS the interlocal agreement has been executed and is attached to this resolution; and
WHEREAS M.R. #17071 states that a separate resolution would be brought forward to appropriate funds
from the General Fund Balance Assignment for Catastrophic Claims for Oakland County's share of the
Greencastle water main interlocal agreement; and
WHEREAS the interlocal agreement specifies an estimated project cost of $1,400,000 for the
Greencastle Subdivision water main construction with Oakland County covering 75% of the actual cost of
the project provided that the actual construction cost does not exceed the bid as awarded by an additional
3%, which equates an amount up to $1,081,500; and
WHEREAS the agreement also calls for the County to pay $264,000 to the City of Farmington Hills upon
the completion of the water main to cover the estimated connection cost of $4,000 for each connection;
and
WHEREAS each property owner shall be responsible for connection costs in excess of $4,000; and
WHEREAS upon exhaustion of the $264,000 connection costs, neither the County nor City of Farmington
Hills shall be obligated to provide additional funds toward reimbursement of connection costs; and
WHEREAS within two (2) years of the completion of the water main project any unused portion of the
$264,000 connection cost deposited at the City of Farmington Hills is to be returned to the County; and
WHEREAS subsequent connections following the two (2) year period shall be made at the property
owners' expense; and
WHEREAS the interlocal agreement also calls for the continuation of the groundwater monitoring
program through the Water Resources Commissioner as outlined in Exhibit D of the agreement; and
WHEREAS the estimated cost for the groundwater monitoring program is $200,000; and
WHEREAS funding in the amount of $1,545,500 is available for appropriation from the General Fund
Catastrophic Claims Assigned Fund Balance (GL #383345) to the Building and Liability Fund to facilitate
the County's share of the agreement; and
WHEREAS any insurance or litigation proceeds received by Oakland County that relate to the
Greencastle Division water main interlocal agreement project costs are to be factored into the County's
net overall project costs; and
WHEREAS any unused funding of the County's net overall project costs are to be returned to the
County's General Fund.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
appropriation and transfer of $1,545,500 from the General Fund Catastrophic Claims Assigned Fund
Balance (GL #383345) to the Building and Liability Fund #67700.
BE IT FURTHER RESOLVED that a separate project within the Building and Liability be established for
tracking costs and any offsetting insurance proceeds related to the Greencastle Subdivision water main
interlocal agreement project (Project ID 100000002662).
BE IT FURTHER RESOLVED that the FY 2017 Budget is amended as follows:
GENERAL FUND (#10100) FY2017
(GL #383345)
Revenues
9010101-196030-665882 Planned Use of Balance
Total Revenues
$1,545,500
$1.45500
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
vaue,SA\
ommissioner Thomas Middleton, District #4
Chairperson, Finance Committee
Expenditures
6010101-155010-788001-67700Transfer Out — Bldg & Liab $1,545,500
Total Expenditures
BUILDING & LIABILITY FUND (#67700) FY2017
PCBU: DRAIN Project ID #100000002662 Activity GLB, Analysis Type GLB
Revenues
9015501-182210-695500-10100Transfers In — General Fund $1,545,500
Total Revenues $1,545,500
Expenses
9015505-182210-730289 Claims Paid
Total Expenses
$1,545,500
$1,545,500
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing repolution.
JIRIsIJ
JOHNSON ROSATI SCHULTZ JOPPICH PC
27555 Executive Drive Suite 250 — Farmington Hills, Michigan 48331
Phone: 248.489.4100 I Fax: 248.489,1726
Elizabeth Kudla Saarela
esaarelagrsilaw.com www.jrsjlaw,com
April 11, 2017
Keith J. Lerminiaux
Corporation Counsel
Oakland County Corporation Counsel
1200 N. Telegraph Road, Bldg. 14 East, Courthouse West Wing Extension, 3rd Floor
Pontiac, MI 48341
RE: Greencastle Subdivision Water Main
Dear Mr. Lerminiaux:
Enclosed please find the final Agreement for the Construction of the Greencastle Subdivision
Water Main which includes an original signature by the City Manager and City Clerk. Additionally,
we have enclosed a copy of the City's Resolution authorizing the City Manager and the City Clerk
to enter into the Agreement. It is our understanding that you will file the document with Oakland
County and the Michigan Secretary of State in the usual manner as required by Section 10 of the
Urban Cooperation Act of 1967.
Please feel free to contact me with any questions or concerns in regard to this matter.
Veryjsuly,yours,
RDSATI SCHULTZ & 3OPPICH, P.C.
EKS
C: Pam Smith, City Clerk
Gary Mekjian, Assistant City Manager
Karen Mondora, Director of Public Services
Steven P. Joppich, Esq.
FARMINGTON HILLS LANSING MA R SHALL
AGREEMENT
FOR THE CONSTRUCTION OF THp
GREENCASTLE SUBDIVISION WATER MAIN
THIS AGREEMENT is made and entered into as of the SI day of MARCH
2017, by and between the COUNTY OF OAKLAND, a Michigan constitutional corporation
("County"), whose address is 1200 NI. Telegraph, Pontiac, Michigan, 48341 and the CITY OF
FARMINGTON HILLS, a Michigan municipal corporation, whose address is 31585 West Eleven
Mile Road, Farmington Hills, Michigan, 48338 ("city). In this Agreement, either the County and/or
the City may also be referred to individually as a "Party" or jointly as "Parties."
Recitals:
WHEREAS, in 2014 the Parties entered into an agreement for the acquisition, construction
and financing of sewage disposal system improvements commonly referred to as the "Evergreen
and Farmington Sewage Disposal System - Middlebelt Transport and Storage Tunnel" project
("MIST Project"); and
WHEREAS, during the construction of the MIST Project, the Greencastle Subdivision in
Farmington Hills was the central area of impact on many residential wells affected by dewatering
associated with the construction of the sewage disposal system improvements; and,
WHEREAS, on or about December 7, 2016 the County extended a portion of the water
main ("emergency water main extension") to a select few properties where new wells were not
able to be drilled on site to provide an appropriate water supply; and,
WHEREAS, the emergency water main extension was fully funded by the County and the
County desires that the City accept ownership, operation, and maintenance of the emergency
water main extension as part of the City's water system; and,
WHEREAS, the City has requested a further water main extension within the Greencastle
Subdivision as a result of water quality concerns expressed by residents; and,
WHEREAS, the County, through its Water Resources Commissioner ("WRC"), has
prepared an estimate of costs for the construction of a water main extension to provide water
supply to the residents located in the Greencastle Subdivision, hereinafter, referred to as the
"Project"; and,
WHEREAS, in accordance with the terms and conditions set forth in this Agreement the
Parties have agreed to pay for the construction of the Project which is estimated to cost
approximately $1,400,000; and,
WHEREAS, the City will accept ownership, operation, and maintenance of the water main
extension resulting from the Project; and,
WHEREAS, the Michigan Constitution of 1963, Article 7, § 28, and the Urban Cooperation
Act 7 of 1967, being MCL 124.501, et seq., authorizes a political subdivision to exercise jointly
with any other political subdivision any power, privilege or• authority which such political
subdivisions share in common and which each might exercise separately; and
WHEREAS, pursuant to resolutions adopted by their respective legislative bodies, the
Parties each have been authorized to execute this Agreement according to the terms and
conditions set forth herein.
NOW, THEREFORE, in consideration of these premises and the mutual promises,
representations, and agreements set forth in this Agreement, and for other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the County and the
City mutually agree as follows:
Article 1. Statement of Authority and Purpose; Project and Estimate of Cost.
1.1 Authority. Pursuant to Act 7 of 1967, and any other applicable laws of the State of
Michigan, the County and the City enter into this Agreement to establish terms and conditions for
the construction of the Project. Each Party agrees to take all actions reasonably necessary to
effectuate the objectives set forth in this Agreement.
1.2 Purpose. The Parties agree and approve the construction of the Project, which consists
of a water main described in Exhibit A (attached hereto), and as more particularly set forth in the
proposed plans and specifications to be obtained and approved by the City.
1.3 Project and Estimate of Cost. The Project shall be constructed substantially in accordance
with the plans and specifications reviewed by the Parties, and approved by the City, with variations
therefrom that do not materially change the location, capacity or overall design of the Project, and
that do not require an increase in the estimated cost of the Project in excess of 3% unless the
2
County shall have first approved such increase. The estimated cost of the Project is set forth in
Exhibit B.
Article II. City Responsibilities.
2.1 The City shall proceed to
(a) advertise and take construction bids for the Project;
(b) enter into construction contracts with the lowest reasonable responsible bidder;
• (c) procure from the contractor(s) all necessary and proper bonds;
(d) cause the Project to be constructed; and,
• (e) do all other things required by this Agreement and Michigan law and regulations.
2.2 County Review of Bids. Following the advertisement and receipt of construction bids, but
prior to the award of the construction contract, the City will provide the County an opportunity to
review the construction bids. In the event that bids and/or final construction costs exceed the
estimated Project Cost by 3% or more set forth in Exhibit B then the County shall not be obligated
to pay such increase or excess cost unless the County shall have first approved such increase.
2.3 Project Variations and Change Orders. Following the awarding of the construction
contract, the City shall have sole authority to approve variations or changes during construction
that do not materially change the location, capacity Or overall design of the Project, and do not
require an increase in the cost of the Project in excess Of 3% unless the County shall have first
approved such increase.
2.4 Contract Administration. The City will be responsible for contract administration. Thp City
may retain the services of a third-party engineering firm td perform contract administration as part
of the Cost of the Project, All certificates for payments to Contractors shall be approved by the
engineer assigned to perform contract administration before presentation and approval by the
City.
2.6 Contractor and Consultant Insurance. The City shall require all contractors and
engineering consultants engaged for the Project to provide the insurance set forth in Exhibit E
(Insurance Requirements). In addition, the City shall also require the contractors obtain and
provide Performance, Labor and Material Bonds for the Project.
2.6 Property Access. To the extent the Project requires access rights, the City will obtain and
secure the right of access to all public and private property necessary for the Project. The City
will be responsible for all costs or claims associated with securing rights of access to public or
private property.
21 Permits. The City shall be responsible for obtaining all licenses, permits, certificates, and
governmental authorizations necessary to perform all of its obligations under this _Agreement.
Upon request, the City will furnish copies of any permit, license, certificate or governmental
authorization to the County.
2.8 Compliance with Laws and Regulations. The City will comply with all federal and state
laws, regulations, and requirements applicable to the obligations under this Agreement.
2.9 Connections to the Proiect. The City shall be responsible for requiring connections to and
use of the Project, and/or providing additional facilities as may be needed to provide water supply
service to the properties located in the Greencastle Subdivision. The County will not be required
to pay for the construction of any facilities other than as provided in this Agreement.
2.10 Ownership, Operation and Maintenance. After completion of the Project, the City shall be
the owner of the Project water main extension and shall be responsible for its operation and
maintenance, which shall be in accordance with applicable agreements between the County and
City.
Article III. Project Cost-Sharing; Water Connections; Groundwater Monitoring
Program; and Claims.
3.1 In consideration of the conditions set forth in this Agreement, and in accordance with the
following percentages, the Parties agreed to pay the entire cost of the Project:
(a) The County agrees to pay 75% of the actual cost of the Project, provided that the
final actual construction cost does not exceed the bid as awarded as set forth in Exhibit B by an
additional 3%. The actual cost of the project shall be determined by the bids to be procured by
the City, and includes the construction cost, the consultant engineering cost for project
development, and city services.
The County shall make prompt payments of its share of the cost upon receipt of progress billings
from the City in aCcordance vvith paragraph 2.4, above. All payments will be made within 30-days
of receipt of billings from the City, unless there is a good faith dispute concerning the billings, and
in that event the County shall pay arty undisputed amounts within 30 days.:
• (b) The City agrees to pay 25% of the actual cost of the Project, provided that the
actual cost does not exoeed the estimated cost set forth in Exhibit B; or $350,000,
Notwithstanding anything set forth in this Section 3, the City shall not be prohibited from
recovering its portion of the cost of constructing the water main through the creation of a water
main payback district in accordance with applicable laws and City ordinances with respect to any
residents seeking to make a connection to the water main,
3.2 In addition, it is estimated that approximately 64 properties within the Greencastle
Subdivision may require or desire to connect to the Project with a total estimated connection cost
of $4,000 per home or a total of $264,000. Each property owner shall be responsible for
connection costs in excess of $4,000, The County agrees to pay for the estimated connection
costs for each home, up to a maximum $264,000. The County shall submit $264,000 to City upon
completion of the water main, The City shall hold the $264,000 in a separate account for
reimbursement to property owners for the cost of connecting to the water main. Connections will
be made by each property owner individually by the property owner's own contractor.
Reimbursement of the cost of connection to each property owner will be provided to the property
owner by the City from the $264,000 at the time each property owner seeks a permit for
connection to the water main.
Upon exhaustion of the $264,000 deposited by the County for connections, neither the County,
nor the City shall be obligated to provide additional funds toward reimbursement for the cost of
connecting by those property owners that have not yet sought to connect to the water main. In
the event that all property owners have not connected to the water main Within two (2) years of
the completion of the water main, all unused connection fees remaining in the account shall be
returned to the County and all subsequent connections shall be made at the property owners'
expense.
3.3 Groundwater -Monitoring Program, The County, through its WRC, agrees to continue its
Post-Dewatering Groundwater Monitoring Program ("Program".) associated with the completion
of the MIST Project Up to, through and after the completion of the Project as is more • fully
described in a proposal frorn .FTCH dated Jar-A.166/ 30, 2017 and attached as Exhibit D. This
Program involves collection and sampling of water Of participating property owners, many of which
are located _ in the Greencastle Subdivision, to submit to the Michigan Department of
Environmental Quality for analysis. The..WRC will provide participating property owners water
quality reports, including a narrative summarizing the laboratory results : The County has identified
participating property _owners by sending written correspondence to each resident who
experienced a well or water impact -soliciting Participation in thegroundwater monitoring program.
The participating' • property owner's water Will be.saMpled ateach round unless the participant no
longer wishes to be 0 part of the program. The FTCH proposal contemplates that residential well
sampling events will occuren or about March 1, 2017 and June 1., 2017. Oakland County agrees
that it will arrange and pay for additional sampling events on September 1, 2017, and September
1,2018. .
3.4 Liability and Claims; Selection of Legal Counsel. It is understood that each Party shall be
responsible for any Claims made against that Party and for the acts or omission of
its respective employees or Agents. In any Claims that may arise from the performance of this
Agreement, each Party shall seek its own legal representation and bear the costs associated
with such representation including aftorneyfees. Except as otherwise . provided in this
Agreement,. neither Party shall have any right under any legal principle to be indemnified by the
Other Party or anybf its employees or Agents in connection with ahy. Claim. This Agreement
does not, and is not intended to, impair, divest, delegate or contravene any constitutional,
statutory, and/or other legal right, privilege, power, obligation, duty or immunity of the
Parties. Nothing in this Agreement shall be construed as a waiver of governmental immunity for
either Party.
Article IV. Emergency Water Main Extension.
4.1 Ownership, Operation and Maintenance. The County-funded emergency water main
extension, depicted on Exhibit C, shall be owned, operated, and maintained by the City. The
operation and maintenance may be in accordance with applicable agreements between the
County and the City.
Article V. Effective Date; and Term.
5.1 Effective Date. This Agreement shall not become effective prior to the approval by
resolutions of both the City and the County; and execution by each Party.
5.2. Term. Except with respect to the County's groundwater monitoring program, as provided
in Article 3.3, this contract shall terminate following the City's acceptance of the completed
construction of the Project
Article VI. General Provisions.
6.1 Governing Law. This Agreement is made and entered into in the State of Michigan and
shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan.
The language of all parts of this Agreement is intended to and, in all cases, shall be construed as
a whole according to its fair meaning, and not construed strictly for or against any party. As used
in this Agreement, the singular or plural number, possessive or non-possessive shall be deemed
to include the other whenever the context so suggests or requires.
6.2 Reservation of Rights; Governmental Function. This Agreement does not, and is not
intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal
right, privilege, power, obligation, duty, or immunity of the Parties. In addition, the Parties maintain
that the obligations set forth in this Agreement will be in the exercise or discharge of a
governmental function.
6.3 Severability. s If any provision of this Agreement .or, the application t(:). any person or
circumstance is, to any extent,. judicially determined .to be invalid or unenforceable ., the remainder
of the Agreement, or the application Of the provision of persons or circumstances other than those
as to which sit IS invalid Or Unenforceable, is not affected and is enforceable, :provided the invalid
• • provision does not substantially:alter the Agreement or make execution impractical.
6.4 Bindino Contract; Assignment; and Amendments. This Agreement . Will be binding upon
and for the benefit of the Parties hereto and their respective successors and assigns, subject" to
any assignment requiring the prior written . consent of the non7assigning: Party by an amendment
to this Agreement signed by both Parties, and the assignor binding the assignee to the terms and
provisions of this Agreement.
6.5. Counterparts; This Agreement may be executed in any number of counterparts, and each
counterpart shall.,be considered a valid original.
6.6 Captions. The section headings or titles and/or all section numbers contained in this
Agreement are intended for the convenience of the reader and not intended to have any
substantive meaning and are !lotto be interpreted as part of this Agreement.
6.7 Notices. All correspondence and written notices shall be considered delivered to a Party
as of the date that such notice is deposited with the U.S. Postal Service to be delivered to the
following:
COUNTY OF OAKLAND:
OAKLAND COUNTY WATER
RESOURCES COMMISSIONER
1 Public Works Drive
Waterford, Michigan 48328
CITY:
CITY OF FARMINGTON HILLS,
31555 West Eleven Mile
Farmington Hills, Michigan 48336
6.8 Notice of Claims: Cooperation. The Parties agree that they shall promptly deliver to the
other Party written notice and copies of any claims, complaints, charges, or any other accusations
or allegations of negligence or other wrongdoing, whether civil or criminal in nature, that the other
Party becomes aware of which involves, in any way, the Project. Unless otherwise provided by
law and/or the Michigan Court Rules, the Parties agree to cooperate with one another in any
investigation conducted by the other party of any acts or performances of the obligations under
this Agreement.
6.9 Entire Aoreement. This Agreement sets forth the entire agreement between the County
and the City and fully supersedes any and all prior agreements or understandings between them
in any way related to the subject matter hereof. It is further understood and agreed that the terms
and conditions herein are contractual and are not a mere recital and that there are no other
agreements, understandings, contracts, or representations between the County and the City in
any way related to the subject matter hereof, except as expressly stated herein. This Agreement
shall not be changed or supplemented orally and may be amended only as otherwise provided
herein. Notwithstanding the foregoing, nothing contained in this Agreement shall be deemed to
supersede any of the provisions in that certain Evergreen and Farmington Sewage Disposal
Systems Middiebeit Transport and Storage Tunnel Contract dated March 1, 2014.
6.10 Recitals. The recitals shall be considered an integral part of the Agreement,
[Signatures on following page]
7
it,(a40 jyB
Oakland County Board of Commissioners
CITY OF FARMINGTON HILLS
By:
David
IN WITNESS WHEREOF, this Agreement if executed by the Parties on the date hereafter
set forth in the opening paragraph of this Agreement.
COUNTY OF OAKLAND
8
Proposed Water Main rn Greencastle Subdivision
The Infermalion displayed in hun mop is complied
from recerded deeds, MA lox MVP% SuFV.Y. and olher public records. Alihough this
inlormalion Is intended to accuraTely reheat •
pUbllo Information, It in hula Illga0 recorded
trral.cm nuivoy and is lint Wended to be .used us
-one. Users should consult Ornery/0400
'Information iources Whore approprIale.
exhibit A:
Greencastle Subdivision
Water Main
WRC
Date: 2/21/2017
Greencastle Subdivision Water Main
Estimate of Project Cost
Contracted Services: Construction Cost
14" HDPE(LF) 2610 $175.00 $456,750,00
10" HDPE(LF) 3410 $150.00 $511,500.00
12" Gate Valve & Well (EA) 3 $7,000.00 $21,000,00
8" Gate Valve & Well (EA) 4 $6,000.00 $24,000.00
Hydrant Assembly(EA) 10 $5,000.00 $50,000.00
Sub-Total $1,063,250.00
2) Contracted Services: Project Development
Engineering:
Design
Construction Layout
Construction Engineering
Geotechnical Services
Sub-Total
$65,000
$1033
$21,265
$20,000
$116,898
City Services:
Administration
Engineering
Construction Inspection
Right of Way and Legal
Soil Erosion Permit
$10,633
$21,265
$53,163
$23,467
$5,000
Sub-Total
$113,527
4) Contingency Sub-Total
$106,325
Total Estimated Project Cost $1,400,000
"Exhibit B"
55700 20000 V Water Hydrant
0 Gate Valve & Weir
20901
Watermain
Greencaatle Subdivision
50240
Gale Valv
&WnIJ
dron1
28776-
20728 Gale
Wall
28052
Valve • •
141rjsiona
20725
Hydrant
,.."°71110571 0631
Hydrani
2/480
27424
Ilydiani 2747l Gale Valve
Welt
20503
28537
26515
27485 Hydrant
273715
28495-
Hydrant -
28550
20501
ate Valve
Well
202E17
29200
2.9t94
2918e
22170 •
25129
1611*.e5o,,c5plovidh litmopti cgrtvt.:1 torn mccoiod and Om pgbie wsrd. ,0111,01 Ilk In.rnolion I 1101411 lo o-ctozollk, rtneel pkile hIcavolke, U I nol lap* iscorbal mop.. 1110010 J13 net Wended tote undol ono. Ormi 01001 cauull juknord06548 ii-krenkr.auccmhosexeepiele.
One PublIcIAlo/ks DrkiAlt wRic . atilkgn0 93 Well
Walarkt.ld, MicNcen WAT011 UOURCRS 01101015-91oN6q
49794M )11q Plpik
Middiebelt Tunnel Project
Greenco:Istle Watermain Extension
Overview: Exhibit C
• MIDDLEBELT TRANSPORT AND STORAGE TUNNEL PROJECT
POST-DEWATERING GROUNDWATER MONITORING PROGRAM
JANUARY 30,2017
This notification has been prepared by Fishbeck, Thompson, Carr gi Huber, Inc. (ETCH) on behalf of the Oakland County Water
Resources Commissioner's Office (OCWRC).
Overview and Purpose
At the public meeting held on December 5, 2016, Mr. Michael Coivin, a certified professional geologist from ETCH, presented an
overview of the water monitoring program to be implemented following final shutdown of the dewaterIng system along Mid dlebelt
Road. This notification provides a description of the monitoring program and what homeowners can expect If they choose to
participate.
Aquifer Recovery
Monitoring of aquifer recovery has begun at select observation wells located within the Midcllebelt Road right-of-way. The aquifer
recovery data will be used in conjunction with water quality test data to evaluate changes in water quality as the groundwater
returns to normal levels in the project area.
Water Quality Monitoring Plan
• Samples will be collected at participating homeowner locations in the project area.
• Three rounds of sampling are proposed to be performed:
O Round 1—February 2017 (to begin Immediately following shutdown of the dewatering system)
O Round 2 May 2017 (three months after Round 1)
O Round 3—August 2017 (three months after Round 2)
• Test parameters will be consistent with past sampling events and will Include:
O Metals and minerals
O Aromatic organic compounds
O pH and turbidity (field measurements)
• To remain consistent with the previous sampling events, samples will be submitted to and analyzed by the Michigan
Department of Environmental Quality (MDEQ) Drinking Water Laboratory in Lansing, Michigan.
• Homeowners will receive a water quality report following each sampling event. The report will include a narrative summarizing
the laboratory results, a data summary table with comparison to established maximum contaminant levels (MCts), and a copy
of the MDEQ laboratory report.
What Participants Should Expect
ETCH will issue a report to each participating homeowner following each monitoring event, As communicated at the December 5 th
meeting, test results will be available from the MDEQ laboratory within 3-4 weeks from the date of sample collection. ETCH will
evaluate and compile the results within 7 business days following receipt of the laboratory report. Accordingly, homeowners can
generally expect to receive their reports approximately 5 to 6 weeks after each sampling event.
In the event of an MCL exceedance, the homeowner will be notified within 72 hours of FTCH's receipt of the data and a response
action will be proposed.
Participation in the Monitoring Program
Residents in the Middiebelt Road project area whose wells were previously sampled by the OCVVRC are eligible to participate in the
monitoring program, Those residents may enroll in the program by contacting Chris Hover at ETCH by phone (616.464.3790) or by
email (cdhuver@ftch.com ) by February 15, 2017.
When corresponding by email, please include the home address and a phone number where you may be reached. Please contact
ETCH to confirm participation In the program even if you have already indicated so to the OCWRC:
Prior to each sampling event, an OCWRC representative will contact each registered homeowner to schedule a time for sample•
collection. Participation in the-monitoring plan Is voluntary; homeowners can terminate their participation at any time by contacting
the OCWRC.
If you have questions regarding the monitoring program other than those related to scheduling, please contact Mr. Mike Colvin at
ETCH (616.464.3729 or mdcolvin@ftch.com).
Exhibit D
EXHIBIT E
INSURANCE REQUIREMENTS
During this Contract, the Contractor shall provide and maintain, at their own expense, all insurance as
set forth and marked below, protecting the County and The City of Farrnington Hills against any Claims,
as defined in this Contract. The insurance shall be written for not less than any minimum coverage
herein specified. The County and the City shall be added as an additional insured to these policies by
Specific Endorsement.
Primary Coverages
Commercial General Liability Occurrence Form including: (a) Premises and Operations; (b)
Products and Completed Operations (including On and Off Premises Coverage); (c) Personal and
Advertising Injury; (d) Broad Form Property Damage; (e) Independent Contractors; (f) Broad Form
Contractual including coverage for obligations assumed in this Contract;
$3,000,000 Each Occurrence Limit
$1,000,000 — Personal & Advertising Injury
$2,000,000 Products & Completed Operations Aggregate Limit
• $3,000,000 — General Aggregate Limit
$ 100,000 — Damage to Premises Rented to You (formally known as Fire Legal Liability)
• Workers' Compensation Insurance -with limits statutorily required by any applicable Federal or State
Law and Employers Liability insurance with limits of no less than $500,000 each accident, $500,000
disease each employee, and $500,000 disease policy limit.
1. El Fully Insured or State approved self-insurer.
2, LI Sole Proprietors must submit a signed Sole Proprietor form.
3. Li Exempt entities, Partnerships, LLC, etc., must submit a State of Michigan form WC-337
Certificate of Exemption.
Commercial .Automobile Liability Insurance covering bodily injury or property damage arising out of
the use of any owned, hired, or non-owned automobile with a .combined single limit of $1,000,000 each
accident. This requirement is waived if there are no company owned, hired or non-owned automobiles
utilized in the performance of this Contract.
• Commereial Umbrella/ Excess Liability Insurance with minimum limits of $4,000,000 each
occurrence. Umbrella or Excess Liability coverage shall be no less than following form of primary
coverages or broader. This Umbrella/Excess requirement may be met by increasing the primary
Commercial General Liability and Commercial Automobile limits to meet the combined limit
requirement.
Supplemental Coverages — As Needed
E3 Professional Liability/Errors & Omissions Insurance (Consultants, Technology Vendors,
Architects, Engineers, Real Estate Agents, Insurance Agents, Attorneys, etc.) with minimum limits a $3,000,000 per claim and $3,000,000 aggregate. •
Page 1 of 2
2. El Commercial Property Insurance: The Contractor shall be responsible for obtaining and
maintaining insurance covering their equipment and personal property against all physical damage.
3. El Pollution &Environmental Impairment Liability Insurance with rninitnum limits of
$3,000,000 per claim and $3,000,000 aggregate when cleanup & debris removal are part of the
services utilized.
4. El Other Insurance Coverages as may be dictated by the provided product/service and deemed
appropriate by the County or City Risk Management Department.
General Insurance Conditions
The aforementioned insurance shall be endorsed, as applicable, and shall contain the following terms,
conditions, and/or endorsements. All certificates of insurance shall provide.evidence of compliance
with all required terms, conditions and/or endorsements.
1. All policies of insurance shall be on a primary, non-contributory basis with any other insurance or
self-insurance carried by the County or The City of Farmington Hills;
2. The insurance company(s) issuing the policy(s) shall have no recourse against the County or The
• City of Farmington Hills for subrogation (policy endorsed written waiver), premiums, deductibles,
or assessments under any form. All policies shall be endorsed to provide a written waiver of
subrogation in favor of the County and the City;
3. Any and all deductibles or self-insured retentions shall be assumed by and be at the 8ole risk of the
Contractor;
4. Contractors Shall be reSponsible for their own property insuranee for all equipmen and personal
property used and/or stored on County or City property;
5. The Commercial General Liability and Commercial Automobile Liability policies along with any
required supplemental coverages shall be :endorsed to specifically name the County of Oakland and
The City of Farmington Hills, its officers, directors, employees, appointees and commissioners as
additional insured where permitted by law and policy form;
6. The Contractor shall require its contractors or sub-contractors, not protected under the Contractor's
insurance policies, to procure and maintain insurance with coverages, limits, provisions, and/or
clauses equal to those required in this Contract;
7. Certificates of insurance Must be provided no less than ten (10) Business Days prior to the City's
execution of the Contract and must boar evidence of all required terms, conditions and
endorsements; and
8.. All insurance carriers must be licensed and approved to do business in the State of Michigan and
shall have and maintain a minimum A.M. Best's rating of A- unless otherwise approved by the
County and City Risk Management Department.
Page 2 of 2
CITY OF FARMINGTON HILLS
CITY CT .R,RICS OFFICH
31555 V. 11 Mile Road, Farmingto# I-fills, MI 483364165
(248) 871-2410
R4347
RESOLUTION
IT IS RESpL)Tp; th.o the City Connell . of .yaatinton Hills hereby authorizes the City Manager and City
Clerk to enter into the Agreement for the Construction of the Greencastle Sadivision 'Water Main with
Oakland COmitYon. behMf Of the City.
Motion by; BRUCE
Support by: RICH
Roll Call Vote:
Yeas: BRIDGES, BRUCE, KNOL, LERNER, MASSEY, RICH AND STECKLOFF
Nays: NONE
Absent NONE
Abstentions; NONE
MOTR)N CARRIED 1 —0,
I, Pamela B. Smith, the duly authorized City Clerk of the City of Farmington Hills ; Oakland County,
MiChigart, do hereby certify that tile fokegoittg is a true copy of a resolution adopt0 by the City Council Of
thq City of Fpriiingto4 ffills at the regular City Council meth -LOOM-en-4.6 27, 2017,
DATE; March 28, 2017
MISCELLANEOUS RESOLUTION #17071 March 30,2017
BY: Commissioner Torn Middleton, Chairperson, Finance Committee
IN RE: COUNTY EXECUTIVE AND WATER RESOURCES COMMISSIONER — WATER MAIN
EXTENSION GREENCASTLE SUBDIVISION, FARMINGTON HILLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes Corporation Counsel
to negotiate an interlocal agreement with the City of Farmington Hills consistent with the discussion in
closed session.
BE IT FURTHER RESOLVED that upon successful completion of those negotiations the Chairperson is
authorized to sign the Interlace! Agreement.
BE IT FURTHER RESOLVED that upon successful negotiation of the interlocal agreement, a separate
resolution will be submitted for approval by the Board of Commissioners to authorize the required
appropriation to be funded from the General Fund Balance Assignment for Catastrophic Claims.
As Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
fit
Commissioner om Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE
Motion carried on a roll call vote with Crawford voting no and Long and Bowman absent.
Resolution #17071 March 30, 2017
Moved by Dwyer supported by Middleton the resolutions be adopted.
Discussion followed.
AYES: Fleming, Gershenson, Hoffman, Jackson, Kochenderfer, KowaII, Long, McGlilivraY s Middleton, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman, Crawford, Dwyer. (18)
NAYS: None, (0) •
A sufficient majority having voted in favor, the resolution was adopted.
3/30
I HEREBY APPROVE THIS FIESOLLI1ION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANTTO MCI. 4l3.659A (1)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, Lisa Brown, 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 30,
2017, 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 30th day of March, 2017.
Lisa Brown, Oakland County
>49fred
Resolution #17254 September 6, 2017
Moved by KowaII supported by Bowman the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted),
AYES: Crawford, Dwyer, Fleming, Gershenson, Jackson, Kochenderfer, KowaII, Long,
McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman,
Bowman. (19)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 September 6,
2017, 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 6th day of September, 2017.
19y124e-
Lisa Brown, Oakland County
t/i