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HomeMy WebLinkAboutResolutions - 1997.11.20 - 25142Miscellaneous Resolution No. 97233 ' November 6 , 1997 BY: PLANNING & BUILDING COMMITTEE CHARLES E. PALMER, CHAIRPERSON IN RE: DRAIN COMMISSIONER RESOLUTION TO APPROVE THE KEEGO HARBOR SEWAGE DISPOSAL SYSTEM PUMP STATION RELOCATION CONTRACT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the County, pursuant to the provisions of the Keego Harbor Sewage Disposal System Agreement with the City of Keego Harbor dated October 12, 1959, has acquired and constructed the Keego Harbor Sewage Disposal System (the "System") and currently, pursuant to the Keego Harbor Sewage Disposal Operating Agreement dated November 15, 1960, is operating the System for the City; and WHEREAS, the Board of County Road Commissioners for Oakland County (the -Road Commission") has entered into a contract with the Michigan Department of Transportation (-MDOT"), to improve Cass Lake Road (the "Cass Lake Road Project"), and the proposed improvements will necessitate the relocation of two pump stations that are part of the System; and WHEREAS, the Road Commission has anticipated a contract between the Road Commission and MDOT to cover the cost of relocation of the pump stations, and, subject to receipt of project funding, the Road Commission has requested the County, through the Drain Commissioner as County Agency, and the City to relocate the two pump stations and has agreed to pay to the County, as part of the Cass Lake Road Project, the eligible cost of relocating the pump stations; and WHEREAS, it is in the best interest of the County to proceed with the relocation of the two pump stations. THEREFORE, BE IT RESOLVED by the Board of Commissioners of Oakland County, Michigan, as follows: Keego Harbor Sewage Disposal System Pump Station Relocation Contract among the County, by and through the County Drain Commissioner, County Agency, the Road Commission, and the City of Keego Harbor, 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. The Contract reads as follows: KEEGO HARBOR SEWAGE DISPOSAL SYSTEM PUMP STATION RELOCATION CONTRACT This contract made this day of 1997, by and among the County of Oakland (the "County"), by and through its County Drain Commissioner as County Agency (the "County Agency"), the Board of County Road Commissioners for Oakland County (the "Road Commission"), and the City of Keego Harbor (the "City"). WITNESSETH: Recitations The County, pursuant to the provisions of the Keego Harbor Sewage Disposal System Agreement with the City dated October 12, 1959, has acquired and constructed the Keego Harbor Sewage Disposal System (the "System") and currently, pursuant to the Keego Harbor Sewage Disposal Operating Agreement dated November 15, 1960, is operating the System for the City. The Road Commission has entered into a contract with the Michigan Department of Transportation ("MDOT"), to improve Cass Lake Road ("The Cass Lake Road project"), and the proposed improvements will necessitate the relocation of two pump stations that are part of the System. The Road Commission has anticipated a contract between the Road Commission and MDOT to cover the cost of relocation of the pump stations. Subject to receipt of Project funding, the Road Commission has requested the County Agency and the City to relocate the two pump stations and has agreed to pay to the County as part of its Cass Lake Road project, the eligible cost of relocating he pump stations. The County and the City are willing to relocate the pump stations to accommodate the Cass Lake Road project. THEREFORE, IT IS AGREED AS FOLLOWS: 1. The County, City and Road Commission agree that the County Agency shall undertake and construct, or cause to be constructed, a project consisting of the relocation of two pumping stations which currently constitute part of the System as shown on Exhibits Al and A2, attached hereto and made a part hereof. 2. Subject to Sections 6,, 7 and 8 hereof, the Road Commission adopts the County's estimate of the cost of the Project as set forth on Exhibit E, which is attached hereto and made a part hereof. 3. After the execution of this contract by the County, through the County Agency, the City and the Road Commission, the County Agency shall take the following steps, subject to the receipt from the Road Commission of the payments as provided in Section 8 hereof, to wit: (a) Retain a consulting engineer to provide final plans and specifications for the Project. (b) Acquire temporary easements necessary for construction of the Project. (c) Do those things necessary to obtain the approval required for the construction of the Project, obtain construction bids for the Project and enter into construction contracts with the lowest responsible bidders. (d) Cause the Project to be constructed within a reasonable time and do all other things required of it under the provisions of this contract. 4. It is understood and agreed by the parties that the Project will become part of the System and will be operated and maintained by the County or the City in accordance with any agreements applicable thereto. 5. The County agrees that it will secure and maintain, or cause to be secured and maintained, during the period of construction, adequate property damage, public liability and Workers Compensation insurance, covering all facilities to be constructed and work performed, pursuant to this contract. All policies of insurance shall provide that tha County, the City and the Road Commission and their employees shall be insured parties thereunder, and that the contractor employed shall hold all others harmless. 6. For and in consideration of the project work performed by the County, the Road Commission will pay the County on the basis of actual costs, which total payment shall not exceed Seven Hundred Fifty Thousand Dollars ($750,000) as emumerated in Exhibit B, attached hereto. 7. Actual costs for the work required and performed will be determined, in accordance with 49 CFR Part 12 and the following cost criteria, as applicable: -2- 48 CFR Part 31 pertaining to contractors and consultants and 23 CFR Part 140 as it may pertain to force account work by the County and County Agency. 8. The Road Commission shall make payments to the County in accordance with the following procedures. a. Upon execution of the Contract, the sum of $75,000 representing preliminary costs. b. The sum of $200,000 shall be paid upon award of the construction contract, to be used for payment of contractors for Project work. c. Thereafter, partial payments may be made for reimbursement of amounts expended to date. Partial payments will be made upon the submission by the County Agency of an invoice, accompanied by properly completed reporting forms and approved by the PROJECT MANAGER and such other evidence of progress as may be required by the Road Commission. Partial payments shall be made not more than once a month. Payment of invoices pursuant to this section shall not constitute a final determination by the Road Commission of the allowability of such costs and shall not constitute a waiver by the Road Commission of any violation of any terms of this Agreement. d. Final billing under this agreement shall be submitted in a timely manner but not later than five months after completion of the project work. Billings for work submitted later than five months after completion of project work will not be paid. Final determination of allowability of costs, including adjustments of direct salary costs, other direct • costs and overhead costs, as may be applicable, will be made upon completion of audit by the Road Commission and/or as appropriate, by representatives of MDOT and the Federal Highway Administration Funding. Any overpayment to the County shall be repaid to the Road Commission within thirty (30) days of notification of overpayment. 9. Real property required for the Project has been acquired by the Road Commission. Additionally, in accordance with Exhibit A, City property will be available for relocation of one pumping station. The Road Commission shall provide the City or the County with a permanent easement or appropriate alternate right to maintain the pumping station on Road Commission property. 10. The County shall establish and maintain accurate records in accordance with generally accepted accounting principles of expenses incurred for which payment is sought or made under this contract, for a period of three (3) years following the date of final payment under this contract. The Road Commission and/or MDOT shall have the right to inspect, copy or audit such records at any reasonable time during such period. Additionally, the County shall require its contractors to comply with this provision. 11. 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 relocation, construction, repair, replacement, maintenance and use of the Project. 12. It is declared that the work to be performed under this Contract is a governmental function. It is the intention of the parties hereto that this Contract shall not in any manner be construed to waive the defense of governmental immunity which either or all of the parties hereto possess prior to the execution of this Contract. 13. It is the intentioo of the parties hereto, that this Contract is not made for the benefit of any third party. 14. The County Agency shall select contractors in accordance with applicable Federal regulations such as those set forth in 23 CFR Ch. 1, Sec. 172 or 49 CFR Part 18.36, and with County policy and procedures. 15. The County specifically agrees that the County, the County Agency, it or its contactors, or agents will comply with any and all applicable State, Federal, and Local statutes, ordinances, and regulations, and with Road Commission requirements, including all applicable environmental statutes and regulations in performance of Project work. 16. In connection with the performance of Project work under this contract, the parties hereto (each hereinafter in Appendix "A" referred to as the "contractor") agree to comply with the State of Michigan provisions for "Prohibition of Discrimination in State Contracts", as set forth in Appendix A. attached hereto and made a part hereof. The parties further covenant that they will comply with the Civil Rights Acts of 1964, being P.L. 88-352, 78 Stat. 241, as amended, being Title 42 USC Sections 1971, 1975a-1975d, and 2000a-200h-6 and the Regulations of the United States Department of Transportation (49 CFR part 21) issued pursuant to said Act, including Appendix "3", attached hereto and made a part hereof, and will require similar covenants on the part of any contractor or subcontractor employed in the performance of this contract. 17. The parties hereto further agree that they accept the U.S. Department of Transportation Disadvantaged Business Enterprise/Minority Business Enterprise/Women Business Enterprise (DBE/WBE) Program with respect to the Project and will abide by the provisions set forth in Appendix "C" attachedhereto and made a part hereof, being an excerpt from Title 49 CFR Part 23, more specifically 23.43(a)(1) and (2) thereof. 18. The obligations of the parties set forth herein are subject to execution of a Contract between the Road Commission and MDOT to provide for inclusion of the work set forth herein as part of the Cass Lake Road project work, as eligible for federal reimbursement. 19. The Road Commission will appolat a PROJECT MANAGER for the Cass Lake Road Project and will give written notice of the name of said PROJECT MANAGER to the County Agency. The PROJECT MANAGER may upon request of the County Agency, approve in writing changes in the Project work within the scope of the contract which do not increase the cost for this Contract. 20. Any change in Project work to be performed by the County Agency involving extra 'compensation must be authorized in writing by the Road Commission prior to the performance thereof by the County Agency and requires an amendment to this Contract. 21. In case the County Agency deems extra compensation will be due it for work or materials not clearly covered in this Contract, or not ordered by the Road Commission as a change, or due to changed conditions, the County Agency shall notify the Road Commission in writing of its intention to make claim for such extra compensation before beginning such work. Failure on the part of the County Agency to give such notification will constitute a waiver of the claim for such extra compensation. The filing of such notice by the County Agency shall not in any way be construed to establish the validity of the claim. Such extra compensation shall be provided only by amendment to this Contract. 22. It is the intent of the parties hereto that the County and County Agency will not bear the costs for the Project work, and that the City and Road Commission will be responsible for those costs not reimbursed by Federal funding, in accordance with separate agreement between the City and the Road Commission. Additionally, should any costs or charges, as set forth in Sections 20, 21 and 23, accrue to the county agency or county, or not be payable to the county or county agency as a project cost, said costs or charges shall be paid by the City. This provision shall not act as a waiver of and is subject to compliance by the County and the County Agency with the provisions of this Contract. 23. The County Agency and the County agree to save harmless, represent and defend the Road Commission and its employees from any and all claims and lawsuits, even if groundless to the extent that such claims and lawsuits invoke the performance or non-performance of the Project work, design or existence of the pumping station or appurtenances thereto within or without of County road • right-of-way. The Road Commission agrees to save harmless, represent and defend the County Agency and County and their employees from any and all claims and lawsuits, even if -groundless, which arise out of the design and improvement of Cass Lake Road, or the Road Commission performance of Road Commission duties pursuant to this contract. The parties agree that each will promptly notify the other party of any notice either may receive of the filing of any claim, notice of claim, lawsuit or related lawsuit or form of notice related to the Project work, and to cooperate as requested with the other party in defense of the claim. -6-- 24. This contract shall become,effective upon approval by the legislative body of the City, by the County Agency, by the Board of Commissioners of Oakland County, and by the Road Commission, and duly executed by representatives of the City, the County Agency and the Road Commission. 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. BOARD OF COUNTY ROAD COMMISSIONERS FOR THE COUNTY OF OAKLAND, A Public Body Corporate By It s COUNTY OF OAKLAND By Its County Agency Drain Commissioner of Oakland County CITY OF KEEGO HARBOR By Its Mayor By Its City Clerk a.keegcq .A??E',. rip a A ?RCE=Cls; CF ATC STATE CONTRA= cztlac...—,L•cla with the per:dnoanc of work -anderthis=can= the mnectenr 2p2 =Ss ollcw= 1C=3rdar= with A= No. Z. ?undo Aors of 1-97& the controcior hcery agr=s not co discr -.:misiate against ./n =1:71C17= or applic...= for =picyment withren-pe— to hire. ccrin.re. t=s. conditions. or pr±vilegm emolev=eat. or SS a =arm- ctir=„ty or nieir=„y related :to e=ptcy-m=t.. bitse ofroc.. =for. religort. national orig.n. ag- 2.,r_ight.. or onarital szarm. Furchc, in =can= with, A= No. D. Acs of 1976 as amended by .-ta N'tn. 473, .?•ablic AC:3 of L980 the =dancer crnv agr= aoc to isminate against an employ= or applicst for c=vicyna= with resp,e= to hire, =arc, tm=s, maditions, or privileges of =1 .31cry==.c. or a =art= ciiry or irittiremly related to c=p1Oricte=1. be Of 2 h-lrrffrlp that is =elated to the individual% ability to perform the duties of a partc-lar fob or pcsidon_A bri=en of the above =v=ants th-.2 It be regarded hin=lal breach of Lais mun-a=. 7 The concracor Sy agnms that any and all seb=an-ac:s to this cottorac, wty a ?cram of the .37cr.k se: ferch in this cone= S to be pc:More-ed. stall contain a =meant the =he .rs hi:Sa2bC7VC SC: forth in Stott I of this AppesciM..' 3. The contrac.or tfl cak= affirmative aon to incrare that applitunts for =plc:rya:cat and emoicyces are u-cuted wit:au( regiud to thr ra=., color, re.igion. national ongn. age, sc. ng.hr, -a•Mght., caaritai =ins or a baacticp that is unrelated, to the individual% ability to pc-form the duties of a particular job or poridon. Such aoti, shall include, but act be limited to, the following employment. apgrading, demotion or nxcr,recnitment advertising !aril or =mai:ration: rates of pay or othc Corms of coca Hp and sel=ion for training. inducting apprenticeship. The contraaor will. in ail soli=tacions or adv—c-c=ents for =players pLaced by or on behalf of the contracor, stoic that all crualitied appliemis wJ =',e =nsidcation for cmpiciymeut without regard. ZD Q. color. religioa. national origin, age, s=. hcigr. weigAr. onarital smiss or handicap that s unrelated to the individuals ability to perform the duties of a parricalar job or position.. 5. The contm=or or his coile=ve rpinitag rep=adve will send to men labor union or reprmgettacive of wort= with which be hos a coilanive Oar-pining ag ---c=t or attic- conam= or understanding, a non= advising the said :zoo r union or wort =-' itts=rative of the concm=or's cotarni=cats and= this append_ 6. The cow:ram= will =rapt,/ with all relevant publkNe-ri raLcs, regaLations, dlr. calves, and ordc-s of the NnGehigan Cvii Rights Commission which tarty be in cab= prior to the tag of bids for any individual state proj_ The =nt.racor will furnish and f e complian= =pars within .recti time and upon such forms as provided by the C-vil Corrimicsioa. :aid forms =ay also eii=t info=don as to the praci=. ali progra=. and =ployment statislics of cut= stuntrac..or as well ni the contramer himself. and said coarrnaor will permit a=....s to his books, records, and aconarits by the Michigan C-vil Rights Co=ission and/or irs ag=t, for purposz of investlgation to as=tain complin nr— with this contra= and relevant with :ales, regulations, and aril= of the Michigan Cvil Rights Ca=ission. La the c.r=t that the Cyll Rights Comm.ission aads, letc. 2 bearing ieidpurs-=nt to its raI. that a czna-ncor !cos 30t complied with the contrai=a1 obligahons and this agreement, the Cvir Rights C7112MiSSIOn =y, as part of its ordc- based upon such findings, =lily said findings to the Administrative Board of the State of 3vEctigan. wicoot Administrative Board =ay or the can=lation of the contra= found to have been violated and/or t -Ire the =nrracor ineligible for future contracts with the stare and its political and cVfisubdivisions, de=rtments, and oM=n, and inducting the gcrv=ing boards of instrutions of higher alma:mica. anal the canuucor comolies with soid order of the Cyil Rights Co=issiori. Nod= of said d=aration of fatale ineligibility may be given to any or all of the persons with whom the contracaor scler",red ineliglole co contra= as a contrar-ing party in fanue =a:rocs. La any ,=sc beforc the C-vii ;Rights c.nmtririott in which f-lru --stntion of an =s-zing contractis a pcssibiliry, the cow:acing agency sh-Til -be actified of such passable rimiedy and 111-7t1 be gyre' the option by the GNU Rights Commission to rtiMpate in such pree=ding:s. 9. The conauctor will include, or in=rporare by rufer. the provisions of the foregoing paragraphs (I) through (3) in every nub=ntra= or parMlase order nol=s =pied by the ralm, regulations or ord.= of the Michigan Cvil. Rights Contrainsion. and will FrOvidx in cm-7 741X:712.c^..a or purchase order that said provisions will be binding upone---c=1 suboonaucor or wile-.AttruSt, ISS5 • (Rey. (157.) .A.FFENDDC 3 Duran the pc-forman.= at this contra= the contractor. for itself, its assign=, and snc=ssors in inte-est (le.--thafte-. referred to as the *contracor') age= as follow= C3031176311= with Rt-zniatiOtt= The COncmacr shall comply with the ReraLizions relative cc nondisc-irninution in F.-4=2y ossistmi pro p-ortas of the Depart:tient ofTi--•asportation, Title 49,Czde of Fade-al Regulations, ?art r, as they =y be amended trout time to time (heMnaiter refc-red co as the Regulations), which are he-en incorporated by reeuri= and =ado a part of this contra= Nondiscrimination: The =arracor, with regard to the wort pc-formed by it tharing the contr.,c. shag atot diSC-iTnirrin- on the gotrads of ra=, color, or =unral origai in the seit=tion and :mention of sabc=ors, inr4ncting pro c= of =2.11:11.S and leases of equip= The coatractor sbau not partictatexh dirty or indirect), in the disc=isnination prohibited by San= 21.5 of the Regulations. iufling etaployaumx practices when the contract coves a prrogra.m set forth in Appendix 3 of the Regulations. 3. Solicitations for Subcontracs, tnctidin ?rocarements of Waterials and Ectrintaenc In all solidtations ethmby conapeative bidding or negotiation made by the contracor for wort to be pmforma;1 andes a subaura= including procareinentso f =aterials or leases of equipment, tett potential subcontracor or stropLim shall be notified by the contractor of the contracor 's obligations and= this cot= and the Replan:3as relative to noacifTnination on the grounds of ra=. color, or aatio=1 origin. 4. Information and Reports The contractor shall provide all inforaaation and reports required by the Regulations, or directives issued pursnant thereto, and shall pc-mit access to its books. records, aczonnts, °Om sources of informazion. and its faalides as may be des==inecl hy the 3ea..igan De-.=rrnac=t of Transportation or the Ft:dm-al Highway Administration to be pc-rine:It to asc----ain complian= with suet Regulations or direnives. Who any information required of a contractor is in the mcluurive possession of anodic-who fulls or refuses to furnish this inform:mica. the =tractor shall so certify to the ivrichigan Del=rtment of Transportation. or the Fettc-al I-Lghway Administration as appropriate, and shall set forth what efforts it has made to obtain the information- S. Sanctions for Noncomnlian= In the eveat of the cona -..cor's aoncomplian= with the noactiscimination provisions of this =num= the Nfichigan De:=r -zaeat of Tinnspormnon shall impese such canna c san=:tons as it or the F-4=1 Highway .Adzainisontion may dem-mine ao be appropriate,inrmThg,but not limited tot (a) Withholding of payments to the contracior antic - the contract manl the cononctor complies, and/or Can=l1.ation, te-mination, or suspension of the contra= in whole or in part. 6. Incorporation of ?rtrrision= The contractor shall indruic the provisions of paragraphs I Oar:Nigh 6 of evey subcontrac. including procareutents of =armials and lenses of equipmeat, anicss =opt by the ReguLitions, or direcives issued pansnant them°. The cow:racer shall take such =ion with =spec to any subchntrza or proccrtenent as the 2vEchigan Department of Transpormtion or the Fedm-al Highway Administration may dirt= as a =cuss of =Lore:lag such provisions including sanctions for non-cotnpli-mr--; Frrovided, howevm, that in the event a conancor becomes involved in, or is threau=edwith, litigation with a subcontractor or supplier as 2 :malt of such direcion. the contractor may rap= the Michigan Department of Transpor=tion to ear= into such litigation to prat= the inte-mts of the State, and, in addition, the contractor may request the United States to cr..= into such litigation to prat= the intc-m= of the Llaitott States. (b) APPENDIX c TO BE INa..UDED IN ALL FINANCIAL ASSISTANCE AGR.FTS WITH LOCAL AGEN. 'CMS General Requirements for Recipients Excerpts from TJSDOT Regulation 49 L , Part 23, Section 23.43 A Folic-7: It is the policy of the Department that MBE as defined in 49 CFR, Part 23, shall have the maxi:arm opportunity to parti#rate in the performance of contra= fmanced in whole or in part with federal funds. Consequently, the MBE requirements of 49 U-E, Parr 23 , dpply to this cautract. B. MBE Obligation: The recipient or its contractor agrees to ensure that MBE as deed in 49 CFR, Part 23, has the maximum opportunity to participate in the performance of contracts and subcantra= financed in whole or in part with federal funds provided under this agre=nent. In this regard, all recipients or contractors shall take all ne3=ssary and reasonable steps in accordance with 49 CFR, Part 23, to ensure that MBE has the maximum opportunity to compete for and perform cxmtracts. Recipients and their contracuors shall not diScriminate on the basis of race, color, national origin, or sex in the award and performance of departmentally-assisted =true= C If as a condition of assistance the recipient has submitted and the Department has approved a minority business enterprise affirmative action program which the recipient agrees to carry out, this program is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this fmancial assistance agreement. Upon notification to this recipient of its failure to carry out the approved program, the Department shall impose such sanctions as noted in 49 CFR, Part M, Subpart E, which sancdons may include termination of the agreement or other measures that may affect the ability of the rec.cipient to obtain future departmental, financ:al assistance.. D. The Department hereby advises each recipient, contractor, or subcontractor that allure to =17 out the requirements set forth in Section 23.43(a) 49 CFR, Part 23, shall constitute a breach of contract, and after the notification of the USDOT may result in termination of the agreement or contract by the Department or such remedy as the Department deems appropriate.. Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE W:\Jae\9OO729O\RES Misc.doc Force Account Budget Road Commission of Oakland County Cass Lake Road-Road improvement Program by Oakland County Drain Commissioner's Office 1) Contracted Services: Construction Cost Pump Station No. 82-02 Relocation (Cass Lake Road) $270,000 Pump Station No. 82-03 Relocation (Stapleton Road) $270,000 Sub-Total $540,000 2) Contracted Services: Project Development Consulting Engineering: Basic Design $60,000 Contract Administration $25,000 Construction Staking $5,000 Soil Borings $5,000 Legal $5,000 Testing Consultants $5,000 Sub-Total $105,000 3) County Services: Administration $10,000 Engineering $30,000 Construction Inspection $50,000 Right of Way & Legal $10.000 Soil Erosion Permit $5,000 Sub-Total $105,000 Estimated Force Account Budget $750,000 Prepared By: Philip Sanzica, PE, Asst. Chief Engineer May 20, 1997 Exhibit -B" KEEGOPS.WK4 CITY OF KEEGO HARBOR ROAD WIDENING AND PUMPING STATION RELOCATION GEORGE W. KUHN OAKAND COUNTY DRAIN COMASSIONER DATE: 3-6- SCALE: 1"=1C EXHIBIT A - 1 DATE: 3-6-94 SCALE: 1 "=1 00 EXHIBIT A-2 L11 00 3 / 003 CITY OF KEEGO HARBOR RoAD W1DEN:AG AND PUMPING STATION RELOCATION GEORGE W. KUHN OAKAND COUNTY DRAIN C01411150NER Resolution #97233 November 6, 1997 The Chairperson referred the resolution to the Finance and Personnel Committee. There were no objections. FISCAL NOTE (M.R.#97233) November 20, 1997 BY: FINANCE AND PERSONNEL COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: DRAIN COMMISSIONER - RESOLUTION TO APPROVE THE KEEGO HARBOR SEWAGE DISPOSAL SYSTEM PUMP STATION RELOCATION CONTRACT Pursuant to Rule XII-F of this Board, the Finance and Personnel Committee has reviewed the above referenced resolution and finds: 1) The Oakland County Road Commission has entered into a contract with the Michigan Department of Transportation (MDOT) to improve Cass Lake Road and the proposed improvements will necessitate the relocation of two pump stations that are part of the Keego Harbor Sewage Disposal System. 2) The Road Commission has anticipated a contract between the Road Commission and MDOT to cover the cost of relocation of the pump stations and has requested the County, through the Drain Commissioner and the City, to relocate the two pump stations and has agreed to pay to the County the eligible cost of relocating the pump stations. 3) The County will not be responsible for any portion of the relocation expense. Upon execution of the Contract, the Road Commission will advance to the County $75,000 for preliminary costs. Upon the award of the construction contract, the Road Commission will advance to the County $200,000 to be used towards payment of contractors for project work. FINANCE AND PERSONNEL COMMITTEE Resolution #97233 November 20, 1997 Moved by Palmer supported by Taub the resolution be adopted. AYES: Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. THE FOREGOING RESOLUTION Jnty Executive Date 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 November 20, 1997 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 20th day of Novem4e.r.1997. Lyng D. Allen, County Clerk