HomeMy WebLinkAboutResolutions - 1994.04.28 - 23985April 28, .1994
Miscellaneous Resolution No. f94125 1994
BY: PLANNING AND BUILDING COMMITTEE
CHARLES E. PALMER, CHAIRPERSON
IN RE: DRAIN COMMISSIONER - OAKLAND COUNTY WATER SUPPLY AND
SEWAGE DISPOSAL SYSTEMS FOR ROCHESTER HILLS - EXTENSION
NO. 4 - APPROVAL OF CONTRACT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen
WHEREAS, the County of Oakland (the "County") heretofore
has established, constructed and acquired the Oakland County
Water Supply and Sewage Disposal Systems for Avon Township
pursuant to the provisions of Act No. 185, Public Acts of
Michigan, 1957, as amended, and pursuant to the Contract Oakland
County Water Supply and Sewage Disposal Systems for Avon
Township, dated November 1, 1968; and
WHEREAS, the Township of Avon has been incorporated as
the City of Rochester Hills (the "City") and the Oakland County
Water Supply and Sewage Disposal Systems fo - Avon Township are
now known as the Oakland County Water Supply L'A Sewage Disposal
Systems for Rochester Hills (the "System") and it.. is necessary to
improve, enlarge and extend the System by the acquisition and
construction of the hereinafter described water supply and sewage
disposal facilities; and
WHEREAS, by the terms of Act No. 342, Public Acts of
Michigan, 1939, as amended ("Act 342") the County and the City
are authorized to enter into a contract for the acquisition,
improvement, enlargement or extension of the System and for the
payment of the cost thereof by the City; and
WHEREAS, there has been submitted to this Board of
Commissioners a proposed contract between the County, by and
through the Drain Commissioner, County Agency, and the City,
which contract provides for the acquisition, construction and
financing of -the Oakland County Water Supply and Sewage Disposal
Systems for Rochester Hills - Extension No. 4 pursuant to Act
342, which contract is hereinafter set forth in full.
NOW, THEREFORE BE IT RESOLVED:
1. APPROVAL OF PROJECT AND DESIGNATION OF COUNTY
AGENCY. This Board of Commissioners by majority vote of its
members-elect does hereby approve, under and pursuant to Act 342,
the acquisition and construction of water supply and sewage
disposal facilities to serve the City as part of the System; that
the project shall be designated the Oakland County Water Supply
and Sewage Disposal Systems for Rochester Hills - Extension
No. 4; that the Oakland County Drain Commissioner is hereby
designated and appointed as the "County Agency" for the project;
that the County Agency shall have all the powers and duties with
respect to the project as are provided by law and especially by
Act 342; and that all obligations incurred by the County Agency
with respect to the project, unless otherwise authorized by this
Board of Commissioners, shall be payable solely from funds
derived from the City.
2. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The
estimate of $7,000,000 as the cost of the Oakland County Water
Supply and Sewage Disposal Systems for Rochester Hills -
Extension No. 4 and the estimate of 40 years and upwards as the
period of usefulness thereof, as submitted to this Board of
Commissioners, be and the same are approved and adopted.
3. APPROVAL OF CONTRACT. The Oakland County Water
Supply and Sewage Disposal Systems for Rochester Hills -
Extension No. 4 Contract dated as of March 1, 1994, between the
County, by and through the County Drain Commissioner, and the •
City, which contract has been submitted to this Board of
Commissioners, be and the same is approved and adopted, and the
County Drain Commissioner is 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 City. Said
contract reads as follows:
OAKLAND COUNTY WATER SUPPLY AND
SEWAGE DISPOSAL SYSTEMS FOR
ROCHESTER HILLS - EXTENSION NO. 4 CONTRACT
THIS CONTRACT, made as of the 1st day of March, 1994, by
and between the COUNTY OF OAKLAND, a Michigan county corporation
(hereinafter referred to as the "County"), by and through its
County Drain Commissioner as the County Agency (hereinafter
referred to as the "County Agency"), and the CITY OF ROCHESTER
HILLS, a City located in the County (hereinafter referred to as
the "City"):
WITNESSETH:
WHEREAS, the County heretofore has established,
constructed and acquired the Oakland County Water Supply and
Sewage Disposal Systems for Avon Township pursuant to the
provisions of Act No. 185, Public Acts of Michigan, 1957, as
amended, and pursuant to the Contract Oakland County Water Supply
and Sewage Disposal Systems for Avon Township, dated November 1,
1968 (the "Base Contract"); and
WHEREAS, the Township of Avon has been incorporated as
the City of Rochester Hills and the Oakland County Water Supply
and Sewage Disposal Systems for Avon Township are now known as
the Oakland County Water Supply and Sewage Disposal Systems for
Rochester Hills (the "System") and it is necessary to improve,
enlarge and extend the System by the acquisition and construction
of the hereinafter described water supply and sewage disposal
facilities; and
WHEREAS, by the terms of Act No. 342, Public Acts of
Michigan, 1939, as amended ("Act 342") the County and the City
are authorized to enter into a contract for the acquisition,
improvement, enlargement or extension of the System and for the
payment of the cost thereof by the City; and
WHEREAS, it is now necessary for the public health and
the welfare of the present and future residents of the City to
extend, improve and enlarge the System in the City by the
acquisition and construction of the Oakland County Water Supply
and Sewage Disposal Systems for Rochester Hills - Extension No. 4
and to finanae such acquisition and construction by payments from
the City to the County of amounts to become due under this
contract.
NOW, THEREFORE, in consideration of the premises and the
covenants of each other, the parties hereto agree as follows:
1. The County and the City hereby approve the
extension, improvement and enlargement of the System by the
acquisition and construction, by the County Agency under and
pursuant to the provisions of Act 342, of water supply and sewage
disposal facilities to serve the City. The water supply and
sewage disposal facilities to be acquired and constructed are
hereby designated the Oakland County Water Supply and Sewage
Disposal Systems for Rochester Hills - Extension No. 4.
2. The facilities constituting the Oakland County
Water Supply and Sewage Disposal System for Rochester Hills -
Extension No. 4 and their general location within the City are
shown on Exhibit "A" which is attached hereto and by this
reference is made a part hereof. The Oakland County Water Supply
and Sewage Disposal Systems for Rochester Hills - Extension No. 4
is hereafter sometimes referred to as the "project".
3. The County and the City hereby approve and adopt
the estimate of the cost of the project in the amount set forth
on Exhibit "B" attached hereto and the estimate of 40 years and
upwards as the period of usefulness of the project.
4. After the execution of this contract by the County
and the City, the County Agency shall take the following steps,
subject to the receipt from the City of the payments as provided
in paragraph 6 hereof, to-wit:
(a) Order final plans and specifications for
the project from a consulting engineer.
(b) Do those things necessary to obtain the
approvals required for the construction
of the project, obtain construction bids
for the project and enter into
construction contracts with the lowest
responsible bidders.
(c) After the execution of construction
contracts, cause the project to be
constructed within a reasonable time and
do all other things required of it under
the provisions of Act 342.
5. - It is understood and agreed by the parties hereto
that the project is to serve the City and not the individual
property owners and users thereof, unless by special arrangement
between the County Agency and the City. The responsibility of
requiring connection to and use of the facilities of the project
and of providing such additional facilities, as may be needed,
shall be that of the City which shall cause to be constructed and
maintained, directly or through the County, any such necessary
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additional facilities. The County shall not be obligated to
acquire or construct any facilities other than those designated
in paragraph 2 hereof. The project is an improvement,
enlargement and extension of the System and the Base Contract
shall apply thereto except as the same may be specifically
modified herein for specific application to the project.
The County hereby agrees that it will secure and
maintain, 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 of insurance shall
provide that the County and the City shall be insured parties
thereunder and shall contain a provision requiring that the City
be notified at least ten days prior to cancellation thereof. One
copy of each policy of insurance shall be filed with the City.
6. The City shall pay to the County the entire cost of
the project. The term "cost" as used herein shall be construed
to include all items of cost of the type set forth on Exhibit "B"
attached hereto and any other items of cost of a similar nature
as may be set forth in any revision of said Exhibit "B" agreed to
by the parties hereto, incurred by the County in acquiring and
constructing the project. The cost of the project will be paid
by the City in installments as follows:
(1) The sum of $600,000 to be paid upon
execution of this ntract, being the
estimated cost of obtaining plans,
specifications, detailed estimates of
cost and easements.
(2) The sum of $400,000 to be paid when
completed bid plans and specifications
are received and accepted by the County
Agency.
(3) The balance of the cost of the project
(estimated now to be $6,000,000) when
construction bids are received and prior
to the award of construction contracts.
Shown on Exhibit "C" is the schedule of installment payments to
be made by the City, which schedule will be revised as detailed
estimates are made and when construction bids are received.
The County Agency shall notify the City, by written
communication addressed to its treasurer, of the time and amount
of the next payment due hereunder. The City covenants and
agrees, not less than ten (10) days after receipt of such notice,
to remit to the County sufficient funds to pay the amount then
due. The obligations herein expressed shall be applicable to all
obligations and contracts incurred or entered into by the County
to construct and complete the project, or any part thereof,
whether incurred or entered into at one time or more than one
time. It is assumed that the aggregate amount of all
installments payments will represent the cost of the project. If
the City shall fail to make any of such payments when due, the
County and the County Agency shall have no obligation to proceed
further with acquisition or construction of the project. The
City shall be obligated to pay the entire cost of the Project,
and the County shall never be required, for any reason, to pay
any portion of the cost of the Project from its own funds.
7. After completion of the project and payment of all
costs thereof, any surplus remaining from the payments received
from the City and any interest earned on such payments shall be
returned to it or, in the alternative, the surplus may be used at
the request of the City and upon approval by the County Agency,
to improve, enlarge or extend the project.
8. If the payments received from the City are for any
reason insufficient to complete the project in accordance with
the plans and specifications therefor, the County Agency shall,
if necessary, submit to the City a request for payment of the
,dditional amount due with an explanation in writing of the
.Leasons and need therefor and of the amount necessary to provide
funds to complete the project in which event the duties and
obligations of the County Agency and the City as expressed and
set forth in this contract shall be applicable to such additional
payment as well as the original payment, it being at all times
fully recognized and agreed that the payments to be made by the
City, in the manner specified in paragraph 6 of this contract,
shall be based upon the aggregate amount of the actual and final
project cost.
9. This contract is contingent upon the County
actually receiving all of the payments promised by the City to
defray the estimated cost of the project.
10. The City consents to the establishment and location
of the project within its corporate limits and consents to the
use of the streets, alleys and public places of the City for the
location, construction, repair, replacement, maintenance and use
of the water supply and sewage disposal facilities of the
project. After completion, the project shall be used by the City
as part of the System in accordance with the Base Contract.
11. This contract shall become effective upon approval
by the legislative body of the City, by the County Agency, and by
the Board of Commissioners of Oakland County, and duly executed
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by the authorized officers of the City and by the County Agency.
It shall terminate upon expiration of the Base Contract, and upon
termination all title, possession and ownership of the project
and of any unused or surplus funds shall automatically revert to
the City.
The provisions of this contract shall be in full force
and effect and 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 their respective duly
authorized officers, all as of the day and year first above
written.
COUNTY OF OAKLAND
By Its County Agency
By
Drain Commissioner of Oakland
County
CITY OF ROCHESTER HILLS
By
Mayor
By
City Clerk
JAE/09007/0263/EY2/1
SEWER ONLY
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City of
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OAKLAND COUNTY WATER SUPPLY
& SEWAGE DISPOSAL SYSTEM
FOR ROCHESTER HILLS
EXTENSION NO. 4
GEORGE W. KUHN
DRAIN COMMISSIONER
OAKLAND COUNTY
ONE PUBLIC WORKS DRIVE
WATERFORD, MI 48328
LEGEND
WATER ONLY
EIMMEICEECEEE
"EXHIBIT A "
- OAKLAND COUNTY WATER SUPPLY & SEWAGE DISPOSAL SYSTEM
FOR ROCHESTER HILLS - EXTENSION NO. 4
, CONTRACTED SERVICES - CONSTRUCTION:
8' Sanitary Sewer _32,100 L.F. $ 83.00 = $ 2,664,300 ,
Pump Stations 3 Ea. $ 100,000.00 = $ 300.? 000
_ . _
Sewer Separation Lump Sum $ 279,300.00 , = $ 279,300
8" Water Main 11,860 L.F. $ 42.50, = $ 504,050
12' Water Main , 13,210 L.F. $ 54.50 = $ 719,945
16" Water Main 4,400 L.F. $ 80.00 = $ 352,000 .
8" Connections to Exist. Water Lump Sum , $ 100,405.00 _ = $ 100,405
Pressure Reducing Vaults _ 2 Ea. _ $ 64,000.00 _ = $ 128,000 _
Sub-Total Si 5,048,000
CONTRACTED SERVICES - PROJECT DEVELOPMENT:
Engineering _
Consulting Engineering $ 605,250.00 --,
Soil Borings $ 50,000.00 _
Testing Consultants $ 50,000.00_ = $ 705,250 _
Legal Services = $ 31,000_
Sub-Total $ 736,250_,
COUNTY SERVICES: —
Administration = $ 50,500 i
: Engineering _ = $ 101,000 _
Right-of-Way _ --= $ 253,000
Construction Inspection = $ 303,000 4 1
Soil Erosion Permit _ = $ 5,200 ,
Contingency = $ 503,050 4
Sub-Total $ 1,215,750
TOTAL ESTIMATED PROJECT COST $ 7,000,000
I hereby certify the-period of usefulness of this facility to be forty (40) years and upwards.
Oakland County Drain Commissioner
. . BY j
" ham E. Klockow, P.E.,
Chief Engineer
EXHIBIT "B"
(P.& - 10/15/93)
OAKLAND COUNTY WATER SUPPLY
AND SEWAGE DISPOSAL SYSTEM
FOR ROCHESTER HILLS - EXTENSION NO. 4
Schedule of Installment Payments
1. Execution of Contract between
County of Oakland and City of
Rochester Hills $ 600,000
2. Completed Bid Plans and
Specifications received and
accepted by County
3. Construction Bids received
and prior to award of each
construction contract; the
amount of the project costs
relating to such contract,
aggregating
$ 400,000
$ 6.000 000
Total Estimated Project Cost LIML=00
(1121194 P.S.)
td1phillrochestr.hls\exhibit. c
EXHIBIT "C"
4. CONFLICTING RESOLUTIONS: All resolutions and
parts of resolutions insofar as they may be in conflict herewith
are hereby rescinded.
Chairperson, on behalf of the Planning and Building
Committee, I move the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
JAE /09007 /02631EZ 6
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Resolution #94125 April 28, 1994
Moved by Palmer supported by Law the resolution be adopted.
AYES: Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers,
Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon,
Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson. (24)
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 April 28, 1994 with the original record
thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and a xed the seal o /10V
County of Oakland at Pontiac, Michigan this 28th day of ril
. .......444.4.....
LynA/D. Allen, County Clerk -6-