HomeMy WebLinkAboutResolutions - 1999.11.18 - 25846REPORT (MiSC. #99297) November 18, 1999
BY: FINANCE COMMITTEE - SUE ANN DOUGLAS, CHAIRPERSON
IN RE: DRAIN COMMISSIONER-SEPTAGE UNLOADING SITE PROJECT; $100,000 GRANT
APPLICATION/ACCEPTANCE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced resolution on
November 4, 1999, hereby recommends that the resolution be approved with the
following amendments:
- first WHEREAS paragraph:
WHEREAS the Drain Commissioner proposes to construct a Septage
Unloading Facility on the Oakland County Government Semptue property
located on Oakland Avenue east of West Boulevard; and
- first BE IT FURTHER RESOLVED paragraph:
BE IT FURTHER RESOLVED that the Drain Commiopioncr Chairperson
of the Board of Commissioners is authorized to sign the grant
agreement and to approve grant modifications and extensions, within
fifteen (15) percent of the original award, consistent with the
grant agreement approved.
Chairperson, on behalf of the Finance Committee, I move the acceptance of
the foregoing Report.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE;
Motion carried unanimously on a roll call vote.
November 18, 1999
MISCELLANEOUS RESOLUTION #9 9 2 9 7
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
DRAIN COMMISSIONER-SEPTAGE UNLOADING SITE PROJECT; $100,000 GRANT
APPLICATION/ ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the Drain Commissioner proposes to construct a Septage Unloading Facility
on the Oakland County Government Campus located on Oakland Avenue east of West Boulevard;
and
WHEREAS, the County of Wayne through the Rouge River National Wet Weather
Demonstration Project has offered technical assistance and federal grants to governmental entities
for addressing and improving the water quality of the Rouge River; and
WHEREAS, the purpose of the grant is enable the County and local unit of government
within the Rouge River and other watershed to evaluate alternative approaches for controlling
sources of water pollution; and
WHEREAS, planning, design, or implementation of on-site sewage disposal systems
management projects further the goal to improve water quality and recreational use of the Rouge
River and other river systems within Oakland County; and
WHEREAS, the Oakland County Drain Commissioner has applied for $330,252 of federal
grant reimbursement from the County of Wayne; and
WHEREAS, the total Septage Unloading Facility project cost is $998,000, of which
$330,252 qualifies as eligible cost for reimbursement from Wayne County; and
WHEREAS, the County of Wayne proposes to award Oakland County $100,000 of project
cost reimbursement against the eligible project cost of $330,252; and
WHEREAS, no additional county personnel are required, and all grant funds will go
towards construction of the Septage Unloading Facility project; and
WHEREAS, the United States Environmental Protection Agency has established Grant
Conditions and regulations that require the County to act as the responsible party with respect to the
grant, including those provisions described within 40 C.F.R. Part 31, and
WHEREAS, the United States Environmental Protection Agency will supervise the grant
and grant conditions in order that the grant be used in accordance with the requirements of the law;
and
WHEREAS, acceptance of this reimbursement grant does not obligate the County to any
future committment; and
Whereas the grant agreement has been approved through the County Executives' Contract
Review process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the application and accepts reimbursement in the amount of $100,000 for the Septage
Unloading Site Project.
BE IT FURTHER RESOLVED that the Drain Commissioner is authorized to sign the
grant agreement and to approve grant modifications and extensions, within fifteen (15) percent of
the original award , consistent with the grant agreement approved.
BE IT FURTHER RESOLVED that the adoption of this resolution is contingent upon
approval by Corporation Counsel as to legal sufficiency and also approval by the City of Pontiac.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
forgoing resolution.
Planning and Building Committee Vote:
Motion carried unanimously on a roll call vote with Amos absent.
ROUGE RIVER NATIONAL WET WEATHER DEMONSTRATION PROJECT
ROUGE RIVER ON-SITE SEWAGE DISPOSAL MANAGEMENT PROJECTS
GRANT AGREEMENT
BETWEEN I HE COUNTY OF WAYNE AND
OAKLAND COUNTY DRAIN- COMMISSIONER'S OFFICE
THIS AGREEMENT is entered into this day of , 1999, between the
County of Wayne, Michigan, a body corporate and Charter County ("County") and the Oakland
County Drain Commissioner's Office ( "Entity").
RECITALS
WHEREAS, the County is the recipient of; and is responsible for the administration of certain
federal grant funds referred to as the Rouge River National Wet Weather Demonstration Project
Grant ("Grant").
WHEREAS, the United States Environmental Protection Agency ("TISEPA") has established
Grant conditions and regulations that require the County to act as the responsible party with respect
to the Grant, including those provisions described within 40 C.F.R. Part 31.
WHEREAS the USEPA will supervise the Grant and Grant conditions in order that the Grant
be used in accordance with the requirements of the law.
WHEREAS, the parties have agreed to follow certain administrative procedures and
cooperate on the various tasks to be undertaken in order for the County to comply with the Grant's
requirements and objectives.
WHEREAS, the Rouge River National Wet Weather Demonstration Project ("Rouge
Project") is a comprehensive watershed-wide program addressing wet weather pollution problems
ranging from controlling combined sewer overflows ("CSO") to storm water runoff in the Rouge
River.
WHEREAS, one of the purposes of the Grant is to enable the County and local units of
government within the Rouge River Watershed to evaluate alternative approaches for controlling
sources of water pollution.
WHEREAS, on-site sewage disposal systems ("OSDS") management projects proposed by
the local units will further the Grant's goal to improve water quality and recreational use of the Rouge
River.
WHEREAS, planning, design, or implementation of OSDS management project that have a
positive effect on maintenance of OSDS and preventing premature failure of OSDS, construction of
new septage disposal facility, modification of existing facilities to improve the access of septage
servicers for dumping septage, operational cost to initiate and perform evaluation and management
of OSDS, and development of local ordinances to require the regular evaluation of OSDS are
considered examples of the types of projects that will assist in restoring the water quality of the
Rouge River.
WHEREAS, the Septage Unloading Site Project comprised of the activities set forth in this
Agreement would further the goals of the Grant.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties hereby agree as follows:
ARTICLE I
SCOPE OF PROJECT
1.1 The County will provide a portion of the Grant to Entity to enable the Entity to do. the
activities described in Attachment "A"
1.2 The budget presented in Attachment "A" along with the scope of work presented in
Attachment "A" specify the performance of the work as anticipated at the time the contract is signed.
1.3 The Entity agrees to submit a Final Project Summary Report at the project end to assist the
County in the grant close-out process. The Final Project Summary Report should generally be 4-10
pages in length and should include:
A. A summarized clear description of the project. In addition to the project description,
the report should include the following: project objectives; major elements of the
project; project highlights; study area size and characteristics; duration (if applicable)
for planning and design, construction, and operation; planning, design and
implementation considerations; and operation and maintenance considerations.
B. Comments on how the completion of this project benefitted or is projected to improve
the Rouge River.
C. A written set of recommendations to other local governments and agencies that
evaluates the benefits and cost effectiveness of the project. The evaluation should
Consider the total project cost. The recommendations should also summarize how the
project was evaluated and the evaluation results of the effectiveness of the project.
Comments on how the results of this project are transferrable to other communities
or agencies.
E. List of all task products completed. The list should include the official name of the
products.
ARTICLE
SCHEDULE OF WORK
2.1 The Time Frame for the project milestones completion is contained in Attachment "A".
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ARTICLE
FINANCIAL PROVISIONS AND BUDGET
3.1 The detailed budget is contained in Attachment "A" and will be considered an approximation
based on the best information available at the time of this Agreement. The internal distribution of the
monies allocated among project elements may be modified by the Entity up to a total cumulative
transfer among direct cost categories not to exceed 10% of the total budget without written approval
by the County. Other modifications to the budget will be only upon written Agreement between the
County and the Entity.
3.2 The County will provide from the Grant 30.28 percent of approved, allowed, and eligible
costs for activities outlined in Attachment "A". The total amount to be reimbursed to the Entity shall
not exceed $100,000. The Entity shall provide a minimum matching of costs of $230,252, or 69.72
percent of approved costs, which may be satisfied by demonstrating either cash or in-kind services
from non-federal sources.
3.3 The County will hold the final 10 percent of the total federal fund allowable to the Entity until
the completion of the project by the Entity as identified in Attachment "A". Upon completion of
all the tasks by the Entity, the approval of the Entity task products by the County, and the approval
of the Entity submittal of the documentation of the final project cost by the County, the remaining
10 percent of the federal funds will be reimbursed to the Entity.
3.3 BUDGET
A specific budget schedule will be detailed and listed in Attachment "A".
3.3,1 The total budget will be sub-categorized as follows:
A. Personnel expenses.
B. Fringe benefits.
C. Travel costs.
D. Equipment costs.
E. Supply costs.
F. Construction costs.
G. Other necessary costs (specifying nature of necessity and cost).
H. Direct charges from others (attach copy of invoice).
I. Indirect costs (specifying nature of necessity and cost).
J. Total amount requested.
ARTICLE IV
CONTRACT ADMINISTRATION AND PAYMENT
4.1 This Agreement will be administered on a cost reimbursement basis. The Entity shall submit
to the County project status reports and invoices on standard forms provided by the County.
4.2 All reports and invoices shall be submitted at least quarterly, no more than forty (40) days
after each quarter end date. Reimbursements shall not be allowed without a status report submission.
4.3 Invoices must clearly identify:
A. Total program outlays to the date of the invoice.
B. The non-federal share of amount expended.
C. The federal share of amount expended.
D. The federal payments previously received.
E. The reimbursements requested for the billing period.
F. Project work element detail.
G. Project direct costs and outside services.
H. Time sheets for hourly employees and labor distribution sheets for salaried
employees.
I. Documentation of all contractor costs.
4.5 The invoices must be certified for completeness and correctness by an appropriate Entity
official.
4.6 All invoices will be paid by the County within thirty (30) days of receipt of funds from the
USEPA.
4.7 The Entity will provide documentation to the County that demonstrates compliance with
federal and state regulations before payments will be processed. The Entity will prepare all cost
estimates for implementation of the planned activities, including a breakdown of eligible and ineligible
cost items, with respect to grant funding. These cost estimates will be provided in a format to be
established by the County.
4.8 The Entity will exercise the necessary contract oversight and administration of any
subcontracts. These duties include, but are not limited to construction inspection and negotiating
and executing change orders (where construction is to occur), monitoring project progress,
responding to subcontractor or citizen complaints, coordinating between different subcontracts, and
overseeing subcontractor's compliance with the approved project plans and specifications. These
activities are to be done in accordance with procedures established by the Grant and by 40 C.F.R.
Part 31.1, et seq.
4.9 All reports, invoices, and work products required under this contract will be transmitted to
the Director of Watershed Management Division, Department of Environment, Wayne County, 415
Clifford, Detroit, Michigan 48226.
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ARTICLE V
AUDIT AND ACCESS TO RECORDS
5.1 The Entity will maintain and retain financial records and supporting documentation in
accordance with generally accepted accounting: procedures and in accordance with the requirements
of federal and state regulations.
5.2 The Entity will cooperate with and assist the County with respect to federal or state audit
review related to the use of Grant funds. This cooperation shall include preservation of the necessary
documentation and access to the records until federal and/or state audit resolution processes have
been completed and notification of records disposal has been received by the County. The Entity will
cooperate with the County with respect to evaluating audit findings of this Agreement.
5.3 The Entity will be responsible for the reimbursement of any funds required to be returned to
the USEPA due to Entity actions or omissions, as determined by audit findings, and hold the County
harmless from any repayment therefrom.
ARTICLE VI
GENERAL PROVISIONS
6.1 This Agreement is expected to be funded in part with funds from the USEPA. The Entity will
not enter into any agreements with either the United States or any of its departments, agencies, or
employees which are or will be a party to this Agreement or any lower tier subagreement for monies
related to this specific project. This Agreement is subject to regulations contained in 40 C.F.R. Part
31 in effect on the date of the assistance award for this project.
6.2 The Entity understands that the County has no funds other than the Grant funds to pay for
the project costs. All costs other than the Grant funds associated with the activities which are the
subject matter of this Agreement will be the responsibility of the Entity.
6.3 The Entity will cooperate with the County to ensure timely completion of the tasks
undertaken as part of the project. Cooperation includes, but is not limited to sharing information and
records, participation in applicable committees, and assisting in development and evaluation of water
quality improvement alternatives.
6.4 The Entity warrants that it will comply with the provisions of 40 C.F.R. Part 31 and, as
applicable, all provisions contained in the Grant. In the event there are any conflicts between the
provisions of this Agreement and the terms of the Grant, the Grant terms will prevail. The Grant
document and the terms and conditions of the Grant are included here in Attachment "B". The June
16, 1998 correction letter of the grant fair share goals from EPA is also included here in Attachment
"B". The fair share goals for the Grant as identified in that letter are as follows:
Construction 20% Minority Business Enterprise (MBE) 10% Woman Business Enterprise (WBE)
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Services 20% MBE 10% WBE
Equipment 8% MBE 4% WBE
Supplies 8% MBE 4% WEE
6.5 The Entity is responsible for securing all necessary permits from regulatory agencies and is
responsible for obtaining any professional services necessary for the Project Activities. The Entity
will act at all times in accordance with applicable federal and state regulations, and will secure any
permits and negotiate the terms of agreements in accordance with those requirements.
6.6 If the Entity secures any interest in lands, including easements, these acquisitions will be in
accordance with applicable federal law and regulations including 49 C.F.R., Part 24 and state statutes
related to the taking of interests in land.
6.7 With respect to construction projects, the Entity is responsible for conducting post-project
evaluation and certifying that any construction meets the approved design criteria. These
certifications will be submitted to Wayne County and the USEPA and MDEQ, where appropriate,
in accordance with the Grant requirements and applicable regulations. If the project does not meet
the design criteria, the Entity will be responsible for taking the necessary corrective measures.
6.8 The ownership of any facilities constructed under this Agreement will remain with the Entity.
The Endo, agrees to operate and maintain the facility consistent with the Grant project goals and in
accordance with the requirements of the applicable federal and state statutes and regulations, Grant
conditions, and local ordinances.
6.9 The Entity warrants that it will comply with the provisions of 40 C.F.R. Part 31.32 relating
to any equipment including computers and peripheral computer equipment purchased as part of this
grant assistance project.
6.10 Any amendment to this agreement must be in writing, and signed and acknowledged by a duly
authorized representative of each party.
ARTICLE VIE
WAIVER OF BREACH
7.1 No failure by a party to insist upon the strict performance of any term of this Agreement or
to exercise any term after a breach, constitutes a waiver of any breach of the term. No waiver of any
breach affects or alters this Agreement, but every term of this Agreement remains effective with
respect to any other existing or subsequent breach.
ARTICLE 'VICE
TERNIINATION
8.1 This Agreement will terminate after the final audit and final resolution of any issues related
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thereto as described within 40 C.F.R. Part 1, Subpart D.
3.2 This Agreement may be terminated in whole or in part in writing by the County for its
convenience. The Entity must be given: (1) not less than thirty (30) calendar days written notice of
intent to terminate; and (2) an opportunity for consultation with the County prior to termination.
This Agreement may be terminated in whole or in part in writing by the Entity for its convenience.
The County must be given: (1) not less than thirty (30) calendar days written notice of intent to
terminate; and (2) an opportunity for consultation with the Entity prior to termination.
8.3 If termination for convenience is effected by the County or the Entity, an equitable adjustment
in the Agreement price will be made. The equitable adjustment for any termination will provide for
payment to the Entity for services rendered and expenses incurred prior to termination. Equitable
adjustment also will include termination settlement costs reasonably incurred by the Entity and
approved by the County, relating to personnel hired specifically for activities related to this
Agreement, provided such costs are eligible and allowable under the terms of the Grant.
8.4 Upon receipt of a termination notice pursuant paragraphs 8.2 or 8.3, above, the Entity will:
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver or
otherwise make available to the County all data, drawings, specifications, reports, estimates,
summaries, and such other information and materials as may be accumulated by the Entity in
performing this Agreement, whether completed or in process.
8.5 Upon termination pursuant to paragraphs 8.2 or 8.3, above, the County may take over the
work and prosecute the same to completion by Agreement with another party or otherwise.
8.6 All notices of termination will be sent certified mail, postage prepaid and return receipt
requested.
ARTICLE IX
LIABILITY
9.1 All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out
cf activities of the Entity will be the sole responsibility of the Entity and not the responsibility of the
County. Nothing herein will be construed as a wavier of any governmental immunity by the Entity,
its agencies, or employees have as provided by statute or modified by court decisions.
9.2 All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out
of activities of the County will be the sole responsibility of the County and not the responsibility of
the Entity. Nothing herein will be construed as a wavier of any governmental immunity by the
County, its agencies, or employees have as provided by statute or modified by court decisions.
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ARTICLE X
LNDEMNIFICATION
10.1 The Entity will indemnify, defend, and save harmless the County, its officers, boards,
employees, and agents from and against any and all liabilities, obligations, damages, penalties, claims,
costs, charges, and expenses (including, but not limited to fees and expenses of attorneys, expert
witnesses, and other consultants) which may be imposed upon, incurred by, or asserted against the
County, its boards, officers, employees, and agents, by reason of any act or omission of the Entity,
its personnel, employees, agents, or subcontractors, in the performance of this Agreement.
1n1=7*--
10.2 The County will indemnify, defend, and save harmless the Entity, its officers, boards,
employees, and agents from and against any and all liabilities, obligations, damages, penalties, claims,
costs, charges, and expenses (including, but not limited to fees and expenses of attorneys, expert
witnesses, and other consultants) which may be imposed upon, incurred by, or asserted against the
Entity, its boards, officers, employees, and agents, by reason of any act or omission of the County,
its personnel, employees, agents, or subcontractors, in the performance of this Agreement.
10.3 The provisions of Article X shall survive the expiration or any termination of this Agreement
for a period of three (3) years.
ARTICLE XI
INSURANCE
11.1 The Entity shall purchase and, to the extent permissible by law, have the County, its officers,
commission, boards, and employees named as additional parties insured under the policy or policies
of insurance and maintain such insurance so as to protect the County from claims set forth below
which may arise out of or result from the project services, whether such services be by the Entity, by
any subcontractor, or by anyone directly or indirectly employed by the Entity, or by anyone for whose
acts any of them may be liable.
11.2 Throughout all phases of the project and for a period of three (3) years after final completion
and acceptance by the County of the project services, the Entity shall keep in force, at its sole cost
and expense, a professional liability insurance policy for claims for damages arising out of an error,
omission, or negligent act in the performance of professional services, with limits of $1 million dollars
per claim and $1 million dollars in the aggregate for each twelve (12) month period. The Entity
agrees that the policy may not be substantially modified or canceled without thirty (30) days prior
written notice to the County and shall promptly notify the County of any failure to renew such policy
as necessary prior to final completion of the Project.
11.3 Throughout all phases of the project and for a period of three (3) years after final completion
and acceptance by the County of the project services, the Entity shall keep in force, at its sole cost
and expense, with insurance companies authorized to do business in the State of Michigan, the
following insurance coverages:
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11.3.1 Workers' Compensation which meets Michigan's statutory requirements, or other
similar employee benefit act of any other state applicable to an employee.
11.3.2 Employers' Liability Insurance, in conjunction with Workers' Compensation Insurance
for claims for damages because of bodily injury, occupational sickness or disease, or death of an
employee when Workers' Compensation may not be an exclusive remedy. Such insurance shall be
subject to limits of liability of not less than $500,000 dollars for each incident.
11.3.3 General Liability Insurance for claims for damages because of bodily injury or death
of any person, other than the Entity's employees, or damage to tangible property of others, including
loss of use resulting therefrom. Such insurance shall be subject to bodily injury limits of not less than
$500,000 per occurrence and Si million annual aggregate and property damage limits of not less than
5500,000 per occurrence or combined bodily injury/property damage limits of not less than $750,000
per occurrence and Slmillion annual aggregate.
11.3.4 Contractual Liability Insurance for claims for damages that may arise from the Entity's
contract under Article X concerning indemnification for errors, omissions, or negligent acts in the
course of the professional service or other provision within this Agreement, to the extent that such
kinds of contractual liability are insurable in connection with, and subject to, limits of liability not less
than for the professional liability insurance and general liability insurance set forth in subparagraphs
11.2 and 11.3.3, above.
11.3.5 Comprehensive Automobile Liability coverage, including coverage for all owned,
hired, and non-owned vehicles with coverage of $1 million dollars per occurrence for bodily injury
and property damage combined.
11.3.6 Automobile No-Fault Insurance required by law for claims arising from ownership,
maintenance, or use of any motor vehicle owned or non-owned, County, or for-hire vehicles, with,
coverage of $1million single limit of liability and any applicable first-party benefits based on
Michigan's no-fault law.
11.4 Certificates of insurance shall be provided to the County prior to commencing Project Services
under this Agreement. Said certificates shall contain a provision that coverage afforded shall not be
canceled, materially modified, or allowed to expire unless the insurance carrier has given at least thirty
(30) days prior written notice to the County.
11.5 The County and the Entity waive all rights against each other and their consultants, agents, and
employees for damages covered by any property casualty insurance during the Project Services, but
only to the extent covered by such insurance.
11.6 Compliance by the Entity with the requirements of this Article as to carrying insurance and
furnishing proof thereof to the County, shall not relieve the Entity of its liabilities and obligations
under this Agreement.
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11.7 The provisions of this Article shall survive the expiration of any termination of this Agreement
for a period of three (3) years.
ARTICLE XII
NO N-DISCRENEENATION
12.1 In accordance with the United States Constitution and all federal legislation and regulations
governing fair employment practices and equal employment opportunity, the Entity shall comply with:
A. Titles VI and VII of the Civil Rights Act of 1964 (P.L. 88-352, 73 Stat. 252) and
the United States Department of Justice regulations (28 C.F.R. Part 52) issued
pursuant to Titles VI and VII;
B. Environmental Protection Agency regulations (40 C.F.R., Parts 7 and 12);
C. The Age Discrimination Act of 1985 (42 U.S.C. §6101-07);
D. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794);
E. The Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et. seq.) and its
associated regulations; and
F. The Michigan Constitution and all state laws and regulations governing fair
employment practices and equal employment opportunity, including but not limited
to the Michigan Civil Rights Act (1976 P.A. 453), the Michigan Handicappers Civil
Rights Act (1976 P.A. 220), and the Wayne County Fair Employment Practice
Resolution of April 14, 1970.
12.2 The Entity agrees that it will not discriminate against any person, employee, consultant or
applicant for employment with respect to his or her hire, tenure, terms, conditions or privileges of
employment because of his or her religion, race, color, national origin, age, sex, height, weight,
marital status, or a handicap that is unrelated to the individual's ability to perform tasks particular to
a job or position.
12.3 The Entity further agrees that it will require each contractor performing services under
this Agreement to agree to the provisions of this Article.
12.4 The Entity is responsible for complying with all federal and state laws and regulations
regarding competitive bidding.
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ARTICLE XIII
ASSIGNABILITY
13 This Agreement will be binding upon and enure to the benefit of the parties hereto and
their respective heirs and assigns.
13.2 Neither of the parties hereto may assign this Agreement without the prior written consent
of the other.
ARTICLE XIV
VALIDITY
14.1 If any provision of this Agreement or the application to 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 to persons or circumstances other than those as to which it is invalid or
unenforceable, is not affected and is enforceable, provided the invalid provision does not substantially
alter the contract or make execution impractical.
ARTICLE XV
ENTIRE AGREEMENT
15.1 This document, including any attachments, contains the entire agreement between the parties.
15.2 Neither party has made any representations except those expressly set forth herein.
15.3 No rights or remedies are, or will be acquired, by either party by implication or otherwise
unless set forth herein.
ARTICLE XVI
PATENTS, COPYRIGHTS, AND RIGHTS IN DATA
16.1 If this Agreement involves research, developmental, experimental, or demonstration work
and any discovery or invention arises or is developed in the course of or under this Agreement, the
Endo, and the County shall retain joint authority to patent or license.
16.2 The parties agree that any plans, drawings, specifications, computer programs, technical
reports, operating manuals, and other work submitted, or which are specified to be delivered under
this Agreement, or which are developed or produced and paid for under this Agreement are subject
to the rights of both parties and both parties shall retain an irrevocable license to reproduce, publish
and use in whole or in part and to authorize others to do so.
16.3 This Agreement is funded in part by the USEPA and is therefore subject to the reporting and
rights provisions of 40 C.F.R. Part 30 Subpart D including Appendix B and Appendix C.
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16.4 This clause shall be included in all subcontracts.
ARTICLE XVII
YEAR 2000 COMPLIANCE
17.1 The following terms, when used in this Article, are understood by the parties to be defined
as in subparagraphs (a) through (f) of this Paragraph.
(a) Certification:
the act of providing written testimony of qualification of a process and / or product
as pertains to Year 2000 Compliance, including identification and documentation of
all formats of Date Processing and Date Exchange, which formats may include
International Standards Organization (ISO) standards and other, generally accepted,
documented methods of date representation.
(b) Date Exchange:
the interchange of date data between two or more systems or system elements.
(c) Date Processing:
the handling of date data within a system or system element.
(d) Information Products:
products and / or services involving or including but not limited to hardware,
software, firmware, middleware and embedded systems including but not limited to
Electronic Data Interface (EDI) and other interfaces for the exchange of data,
whether acting alone or combined as a system.
(e) Year 2000 Compliant:
the quality of a system to provide all of the following functions:
(i) flawless handling of date information, via US standards, before, during and
after January 1, 2000, including but not limited to accepting date input,
providing date output, executing single-century formulas, executing multi-
century formulas and performing calculations on any and all dates and / or
portions thereof, specifically including but not limited to dates in the year
1999 and all subsequent years;
(ii) accurate operation, without interruption, before, during and after January 1,
2000, without any change in operations associated with the advent of the new
century, including but not limited to leap-year calculations; -
(iii) proper response to two-digit year-date input such that a system or system
element resolves any ambiguity regarding century in a disclosed, defined and
predetermined manner;
(iv) storage and output of all date information in ways that are unambiguous as to
century; and
(v) interaction with other systems or system elements whereby date data is
exchanged accurately, without exception, and whereby no data is corrupted
by the interaction, whether or not the data be date-related, and whereby the
co-operation does not otherwise adversely affect the performance of any
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system, system element or system component.
Non-Year 2000 compliant:
any system which is not Year 2000 Compliant.
17.2 Notwithstanding any provision elsewhere contained in this Agreement, the Entity expressly
represents and warrants that all Information Products supplied to the County under this Agreement
are fully Year 2000 Compliant according_ to the definitions and standards herein contained.
17.3 The Entity expressly warrants that all Information Products which the Entity will acquire
under this Agreement are Year 2000 Compliant such that any other Information Products, when used
in combination with the Information Products which the Entity will acquire hereunder, will properly
execute all Date Exchange and Date Processing functions, whether the other Information Products
were written, manufactured, produced or performed by the Entity or by a third party.
17.4 The Entity agrees that it shall accomplish and document all modifications necessary to ensure
that all Information Products previously provided or to be provided or maintained by the Entity in
the future under this Agreement are or will be Year 2000 Compliant, as herein defined.
17.5 The Entity warrants that if it uses Information Products to perform any service under this
Agreement, all such Information Products will be Year 2000 Compliant as defined herein. If, in the
course of performing its obligations under this Agreement, the Entity uses specific Information
Products in collaboration with one another such that a system is created, then the warranty of this
Paragraph shall apply to the system as well as to the specific Information Products.
17.6 The Entity warrants that if it provides an electronic data interface or any other interfaces to
be used in the exchange of data between the County and the Entity for the purpose of monitoring,
updating, billing, ordering or similar purposes, such interfaces are fully Year 2000 Compliant.
17.7 The Entity agrees that upon any request by the County, the Entity will perform
comprehensive testing necessary to demonstrate that all Information Products provided or used under
this Agreement are Year 2000 Compliant, and the Entity will furnish the County with any requested
Certification, as herein defined, along with supporting documentation. The Entity agrees that the
County may request and receive other forms of verification that Information Products are Year 2000
Compliant, including, but not limited to, witness testing and audit testing. Nothing in this Paragraph
shall be construed, interpreted or understood to in any way alter, affect or modify the meanings or
significance of any of the other provisions contained herein.
17.8 The Entity agrees that it will promptly remedy any breach of any warranty contained in the
foregoing Paragraphs (2) through (7) at no additional charge to the County. Remedy of a breach may
be through the correction, upgrade or replacement of any Non-Year 2000 Compliant Information
Products provided or used by the Entity under this Agreement with functionally equivalent
Information Products which are Year 2000 Compliant. 11, after its best efforts, the Entity is unable
to accomplish the correction or replacement of the Non-Year 2000 Compliant Information Products
13
within 45 days of notification by the County of' the failure of the Information Products to attain Year
2000 Compliance, the Entity azees that it will refund to the County any amounts paid by the County
for the Information Products provided or used, and unexceptionally indemnify and hold the County
harmless from and against any and all liability, loss or expense, including reasonable attorney's fees,
incurred in connection with Non-Year 2000 Compliant Information Products. Nothing in this
Paragraph 17-8 shall be construed to limit any rights or remedies otherwise available under this
Agreement with respect to defects other than Year 2000 Non-Compliance.
17.9 This Agreement supersedes all previous agreements between the Entity and the County which
regard Year 2000 Compliance. Except as expressly modified, the terms and conditions of the original
agreements will remain in full force and effect. The foregoing Year 2000 provisions constitute the
'entire accord between the parties as regards Year 2000 Compliance for this Agreement. These
provisions shall survive termination or expiration of this Agreement.
ARTICLE XVIII
JTJRISDICTION AND GOVERN-DIG LAW
18.1 This Agreement, and all actions arising from it, must be governed by, subject to, and
construed according to the law of the State of Michigan.
ARTICLE XIX
EFFECTIVE DATES
19.1 This Agreement becomes effective immediately upon signing by both parties and shall allow
for billing all costs incurred from November 1, 1999. This Agreement, unless extended by mutual
written agreement, expires on May 15, 2001. Should the USEPA require reimbursement by the
County of funds transferred to the Entity for costs incurred prior to this Agreement, the Entity shall
be responsible for any such reimbursement.
ARTICLE XX
PARTY REPRESENTATIVES
20.1 The Cou. ray's representative for this Agreement is the Director of Watershed Management
Division, Department of Environment, Wayne County. The Entity representative for this Agreement
is Oakland County Drain Commissioner. Either party may assign alternate representatives upon
written notification of the other party.
14
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as
of the date and year first written above.
COUNTY OF WAYNE, MICHIGAN
By:
EDWARD H. McNAiMARA
Its: Chief Executive Officer
OAKLAND COUNTY DRAIN COMMISSIONER, MICHIGAN
By:
Its:
I: \TECI-BWATERMG11 WMD6.4NRAZIOSSIDSNPOSS/10SS1-111.A.WPD September 10, 1999
15
Grant Application for
Septage Unloading Site
Page 1
rev. 9/10/99
ATTACHMENT "A"
Oakland County Drain Commissioner
Rouge River National Wet Weather Demonstration Project
Onsite Sewage Disposal Systems Management Projects
Grant for Septage Unloading Site
Located on the Oakland County Campus, Pontiac, Michigan
1. Project Proposal and Objectives:
Provide a septage unloading site for the disposal of private septic tank cleaning from
facilities located in the Rouge River Watershed and other Watersheds. The site will
be located on the Oakland County Government Campus in Pontiac, Michigan and
will discharge to Oakland County's Clinton-Oakland Interceptor which transports the
septage to the Detroit Water and Sewerage Department (DWSD) System for final
treatment and disposal at the DWSD Wastewater Treatment Facility. The site will
be permitted by DWSD.
The Septage Unloading Facility will be located on Oakland Avenue east of West
Boulevard in the City of Pontiac. The facility will be part of a 7.97 acres of land
owned by the County of Oakland. The proposed facility will include a 16' x 20'
Maintenance Building, reinforced concrete pavement entrance and exit drives, and
a septage unloading and vactor dump drying bed. The proposed facility will also
include fencing, lighting, landscaping and a security and billing system.
The purpose of the Septage Unloading Facility is to provide a convenient and cost-
effective site to dispose of septage, thereby, reducing the possibility of pollution of
the Rouge River by illegal "dumping" into surface waters. The targeted population
is the licensed Septage Haulers.
The demonstration value of the project includes developing construction details for
the septage unloading and vactor dump drying bed and the sanitary sewer outlet to
the Oalcland County Interceptor. A security system will be developed using state of
the art instrumentation to operate the accounting system, security gates, lighting and
video surveillance cameras. Operation and maintenance of the facility will be
monitored following initiation of operation. This will be completed by surveying the
Septage Haulers and the Operations & Maintenance Staffs and a report submifted to
the Rouge Program Office.
2. Task Description:
Task 1 - Subwatershed and RPO coordination meetings.
Task 2 - Prepare engineering plans and specifications for the construction of the
proposed OCDC Septage Unloading Site by Spalding, DeDecker
Associates, Inc. (Engineering Agreement, dated July 9, 1998)
Task 3 - Advertise for bids, receive bids and award contract for construction of the
OCDC Septage Unloading Site.
Grant Application for
Septage Unloading Site
Page 2
rev. 9/10/99
Task 4 - Construct the OCDC Septage Unloading Site in accordance with the
engineering plans and specifications.
Task 5 - OCDC Construction Lay-out, full time Construction Inspection, and
Contract Administration.
Task 6 - Final project report including surveying the Septage Haulers and the
Operations & Maintenance Staffs and a report submitted to the Rouge
Program Office.
3., Project Schedule:
Task 1 - Subwatershed and RPO coordination meetings.
Start Date: November 1, 1999
Completion Date: May 1, 2001
Task 2 - Preparation of engineering plans and specifications (no grant funds to be
utilized).
Start Date: July 15, 1998
Completion Date: Completed
Task 3 - Advertise and receive bids, award contract (no grant funds to be utilized).
Start Date: November 1, 1999
Completion Date: December 31, 1990
Task 4 - Construct the OCDC Septage Unloading Site
Start Date: January 1, 2000
Completion Date: November 15, 2000
Task 5 - Construction Inspection and Contract Administration
Start Date: January 1, 2000
Completion Date: November 15, 2000 -
Task 6 - Final project report
Start Date: November 15, 2000
Completion Date: May 15, 2001
Grant Application for
Septage Unloading Site
Page 3
rev. 9/10/99
4. Project Cost:
Task Project Total Project Eligible Cost
Number Cost for Funding
1 $ 2,000 $ 2,000
2 $ 99,000 $ 0
3 $ 3,000 $ 0
4 $ 760,000 $ 274,674
5 $ 114,000 $ 43,578
6 $ 10,000 $ 10,000
Total $ 988,000 $ 330,252
Note: Operating Reserves are from Oakland County's
Clinton-Oakland System recovered through user
fees from the Septage Unloading Site.
Notes:
A) It has been estimated that approximately 40% to 50% of the licensed Septage
Haulers that currently use the existing facility generate their business within
the Rouge Watershed. We have used 45% for determination of eligible costs.
Please refer to the attached Oakland County Drain Commissioner's Office
letter, dated August 12, 1998, for a more detailed discussion.
B) Calculation of the eligible cost for this project is attached. Eligibility off the
construction cost will be verified after bid opening.
C) Maximum amount to be funded form The Rouge Federal Grant to OCDC is
$100,000. Funding eligibility percentage for this project is 30.28%.
Oakland County Eligible Cost Calculations
Total Construction cost $690,910
Vactor Drying Bed (ineligible/not for septage) $104,000
Total cost eligible $586,910
Only 40% to 50% of this facility will be used By the Rouge
===> 45% of the cost is eligible for funding $264,110
> Construction cost eligibility % 38.23%
Add 4% standard construction contingency (Task 4) $274,674
Task 5- Construction inspection & Contract Administration $43,578
Task 6 - Final Project Report $10,000
Task 1 - Project Coordination and management $2,000
Total Project Eligible Cost $330,252
Federal share for the project $100,000
•
•-•
I. ASSISTANCE IC O.
X i95743-04-0
I I C000rrwave Agreement
C Mfg
; Wommaince Areareaseent
a. RECIPIENT
ip WAYNE CO
4 1 - CUF-0 ,0 a r
DETROIT, N
3. RECIPIENT
4 15 CLIFFORD
CEMOIT, MI 48226
WAYNE COUNTY - MICHIGAN
10. RECIPIENT rfPF.
COUNTY OR PARS'rf
12 CONSULTANT tWWT C.mweattcoon Cram Qom
b. Protect Type
e. Treartirrent Prec.ese
1-51tvccle Oerkirt
N/A I I
I I FY 1 997 AP9ROPRIAT.ION5 ACT
104 -294
29. TOTAL BUDGET PERIOD COST
N/A 529,090,909
FUNDS FORMFR AWARD THIS ACTION AMENDED TOTAL
5r) S 1 6.000.000
Artacnment
Page I of 5
U.S. ENVIRONMENTAL PR•TECT:ON AGENCY
— EPA ASSISTANCE AGREEMENT/AMENDMENT
PART I - ASSISTANCE NOTIFICATION INFORMATION
AGREEMENT TYPE I S. PAYMENT METHOD 7 Advance 7
2. LCG NUMEER
I 05-X -000
,C.FW*IR9CCQ ;-n
j 4. MAILING I;11a.
I •46
ACHNur ACH 0512
Li Seed Pyrntent /legume ngc I 7. TYPE OF ACTION
COMFrP,CLLET-1 BRANCH, MF-10J CONTINUATION
9. PAYEE
WAYNE COUNTY - MICHIGAN
415 CLIFFORD
DEIRCIT, MI 48226
I I
EIN NO. CONGRESSIONAL CISTRICT
38-6004895 13
11. PROJECT MANAGER AND TELEPHONE NO.
JAMES E MURRAY
(313) 224-3631
Ci-HCAO-0, IL 60604-3590
N
CHICAC-0, IL 60604-3590
A 15. EPA CONGRESSIONAL LIAISON ti PHONE
-; I . BARBARA BROOKS, (202) 260-5660
11 rATUTORY AUTHORITY
••n•
N/A
14. EPA PFIOJECT/ STATE OFFICER AND TELEPHONE NO,
WOJCIK
WATER DIVISION
WS-15J. (312) 886-0174
.•
17. SCIENCE FIELD 13. PROJECT STEP
NA tYrfrT ConatructIon Grants Only) N/A
21 STEP 2 3 & STEP 3 ("NWT Construction Crams Only)
I. Treatment Level
IN
Ii
IR
P G
A
13. ISSUING OFFICE (CITY/ STATE)
US ENVIRONMENTAL PROTECTION AGENCY
ACQUISITION-ASSISTANCE BRANCH
US EPA, REGION 5, MC-10J
77 W JACKSON BLVD
1 6. STATE APPL ID
N/A
20. REGULATORY AUTHORITY
40 C'FR PART 31
22. PROJECT TITLE AND DESCRIPTION ROUGE RIVER NATIONAL WET WEATHER DEMONSTRATION
23. PROJECT LOCATION /Area. Impacted bv Pnriect)
ROUGE RIVER WATERSHED
24. ASSISTANCE PROGRAM iCA Prrnrarn Mo. &Title)
27. COMMUNITY POPULATION
(WWI* Ccnecrucnen Glantz Only)
Sts Conçr.dn.S ci.tr.-4
MI MU LT IP LE
26. SUDGET PERIOD _
06/01/98 - 12/31/00
29. TOTAL PROJECT PERIOD COST
529,090$09
County
WAYNE
25. PROJECT PERIOD
06/01/98 - 12131/G0
11. apA In.okincl Anlaum ,
,.1 ...
=. Unexpended Pryor Year dalance 0 0
. :Z. CPUVer Federal Funds 0 0
:.t. qc•Ciooarrt Contribution 0 13,090,909
.:S. State Cernriburion 0 0 r .
. :A. Local Contributton 0 0 .
37. Other Correnbvtion 0 0
IP Allowable Protect Cowl 50 529.090.909 - • Site Name Document FY Approp. JBudget I Program 'Object S n ite/Project i Cost . Obligatio i
F - Contra( Organizations Element Class
I Number IC rganizatton Deybligatio
S 01) PWX010 98 c 053CAK9 N3X 41.11 16000,000
C I
A
L I
EpA 5700.ziA 5-1.7). Replaces av etIMIona anti iPA 5700., A.3: • •"d •11 ""1'h
Pa
c ASSISTANCE CENTIFICATIC : X 99574-3,14-0 L'AFT - Ai:PqCV.ED 5LOGET
1 ' -ABLE A - CB.:ECT CLASS CATE.GCRY TOTAL APPROVEn ALLOWABLE (non-con.crt.trocti BUDGET PERIOD COST
I 1. PERSONNEL .3756.308
I FRINGE BENEFITS 701.929 r ..). TRAVEL 78.100
4. ECUIPMENT 68.700
5. SUPPLIES 26.200
6. CONTRACTUAL 8.246.703
7. CONSTRUCTION 1:.895.000
3. OTHER 70.069
9. TOTAL DIRECT CHARGES 628,843.009 ,
10. INDIRECT COSTS: RATE 17.00 % BASE 1.448_37 . 247,900
ii. TOTAL (Share: Recipient 45.00% Federal 55.00,4.) 629,090,909
12. TOTAL APPROVED ASSISTANCE AMOUNT .
. 616.000.000
TABLE 3 - PROGRAM ELEMENT CLASSIFICATION
oron.ruoil.N=peoi
2.
.
4.
5.
.
7.
a
9.
.,
12. TOTAL (Share: Recipient % Federal S.)
13. TOTAL APPROVED ASSISTANCE AMOUNT
TABLE C - PROGRAM ELEMENT CLASSIFICATION -,:-
(Canstrurnon)
1. ADMINISTRATION EXPENSE
2. PRELIMINARY EXPENSE
3. LAND STRUCTURES. RIGHT-OF-WAY
4. ARCHITECTURAL ENGINEERING BASIC FEES
5. OTHER ARCHITECTURAL ENGINEERING FEES _ 6. PROJECT INSPECTION FEES
7. LAND DEVELOPMENT
3. RELOCATION EXPENSE
9. RELOCATION PAYMENTS TO INDIVIDUALS AND BUSINESS
10. DEMOLITION AND REMOVAL
12. EGU1PMENT
_._
13. MISCELLANEOUS
14. TOTAL (Lin.ss t thrtl la)
15. ESTIMATED INCOME (31 •001i..124.1
16. NET PROJECT AMOUNT t.;,,..14,.,,,,..15)
17. LESS: INELIGIBLE EXCLUSIONS
13. ADO: CONTINGENCIES
. TOTAL (Share: Recipient % Federal S.)
20. TOTAL APPROVED ASSISTANCE AMOUNT
..., __ ,rm 20 r•ti
PAi-TT ;II - AWARD CC1v,:i77CN5 A1STANCZ :DernFICATICN: X 9,3574Z-04-1 PlcI 3 of 5
- TERMS AND CONDITIONS
THIS AWARD IS IN RESPONSE TO THE RECIPIENTS JUNE 3, 1997, APPLICATION.
1. RECYCLED PAPER
Pursuant to EPA Order 1000.25, dated January 24, 1990, the recipient agrees to use recycled
paper for all reports which are prepared as a part of this agreement and delivered to the
Agency. This requirement does not apply to reports which are prepared on forms supplied
by EPA. This requirement applies even when the cost of recycled paper is higher than that
of virgin paper.
2. SMALL BUSINESS IN RURAL AREAS
By accepting this agreement, the recipient agrees to comply with Section 129 of Public Law
100-59o, the Small Business Administration Reauthorization and Amendment Act of 1988.
Therefore, if the recipient awards a contract under this assistance agreement. it will utilize the
following affirmative steps relative to Small Business in Rural Areas (SBRAs):
a. Placing SBRAs on solicitation lists;
b. Ensuring that SBRAs are solicited whenever they are potential sources;
c. Dividing total requirements when economically feasible, into small tasks or
quantities to permit m‘iximum participation by SBRAs;
d. Establishing delivery schedules, where the requirements of work will permit,
which would encourage participation by SBRAs; •
e. Using the services of the Small Business Administration and the Minority
Business Development Agency of the U.S. Department of Commerce, as
appropriate; and
f. Requiring the contractor, if it awards subc-tracts, to take the affirmative steps
in subparagraphs a. through e. of this condition.
3. FAIR SHARE
The recipient must ensure to the fullest extent possible that at least 8% (Equipment), 8%
(Supplies) and 20% (Construction) of Federal funds for prime contracts or subcontracts for
supplies, construction, equipment or services are made available to organizations owried or
controlled by socially and economically disadvantaged individuals and historically black
colleges and universities, and that at least 4% (Equipment), 4% (Supplies), and 8% -
(Construction) of such funds are made available to organizations owned or controlled by
women.
The recipient agrees, in the event of any contracting, to include in its bid documents a 8%
•(Equipment), 8% (Supplies) and 20% (Construction) MBE and 4% (Equipment), 4% (Supplies),
.and 8% (Construction) WBE "Fair Share" and require all of its prime contractors to include in
their documents for subcontracts 8% (Equipment), 8% (Supplies) and 20% (Construction) MBE
and 4% (Equipment), 4% (Supplies), and 8% (Construction) WBE "Fair Share percentages.
The recipient also agrees to comply with the six affirmative steps of the "Fair Share" policy
stated in 40 CFR 30.66(b), 31.36(e) or 35.680(a), as appropriate.
2P; F,errs 17CO-Z7A lAr. 5.421
•
PART !II — AWARC CONDITIONS CE n CEN7FICATI0N: X 9957AZ-04-11 Page 4 of S
_
-
-
'
In the event race and/or gender neutral efforts prove to be inadequate to achieva a fair'share
objective for NIEEs/W3Es, the recipient agrees to notify EPA in advance of any rgce ar4cr
gender conscious action it plans tc take to more cic.sely achieve the fair share objectve.
The State and/or recipient agrees to submit EPA Form 5700-521 "MEE/WEE Utilization Under
Federal Grants, Cooperative Agreements, and other Federal Flnancial Assistance", to the EPA
award official beginning with the Federal 5scai year quarter the recipient awards its first
contract and continuing until ail contracts and subcontracts have been reported. These reports
must be submitted to the award official within 30 days of the end of the Federal fiscal quarter
(January 30, April 30, July 30 and October 30).
4. PUBLIC ACCOMMODATION
The recipient agrees to ensure that all conference. meeting, conventicncr
training space funded in whole or in part with Federal funds, complies with the
Hotel and Motel Fire Safety Act of 1990.
5. The recipient agrees that prior to initiating any work associated with Project
Groups Three (G3) "Wetlands Restoration Projects" and Four (G4) "Wetlands and
Recreation", the recipient shall submit, and receive USEPA approval for, further
detailed Work plans for activities associated with these project groups. The
recipient agrees that USEPA shall be provided with at least 45 days to review and
provide comments on these detailed work plans. The recipient further agrees that it
will comply with 'Federal Guidance for the Establishment, Use and Operation of
Mitigation Banks" dated August 1995.
11•nn
C.A 57143-Z14 ,R,-• 3-47.1
'—
ASSISTANCE IDENTIFICATION: X 99574304-0 Page 5 of 5
r
BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION
OAT
thdfi
SPECIAL CONDITIONS loc.ntimmd) .
.
'
..
'-: 7..
'
-
PART IV
NOTE: The Agreement must be completed in duplicate and the Original returned to the Grants Administration Division for Headquarters
awards and to the appropriate Grants Administration Office for State and local awards within 3 calendar weeks after receipt or
within any extension of time as may be granted by EPA..
Receiptof a written refusal or failure to return the properly executed document within the prescribed time, may resutt in the
withdrawal of the offer by the Agency. Any change to the Agreement by the recipient subsequent to the document being signed
by the EPA Award Official, which the Award Official determines to materially after the Agreement, shall void the Agreement.
i
OFFER AND ACCEPTANCE
The United States of America, acting by and through the U.S. Environmental Protection Agency (EPA), hereby offers
assistance/amendment to the WAYNE COUNTY - MICHIGAN - for 55.00 % of all approved
—RECTPTENTORGANIZATION
costs incurred up to and not exceeding S 16.000.000 for the support of approved budget period effort described
ASSISTANCE AMOUNT
in application (Including all application modifications) cited in hem Z2 of this Agreement
ROUGE RIVER NATIONAL WET WEATHER DEMONSTRATION , included herein by reference.
• DATE AND TITLE
ISSUING OFFICE (Grants Adnimarcration ors,-.) AWARD APPROVAL OFFICE
ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS
ACQUISMON-ASSISTANCE BRANCH WATER DIVISION
US EPA, REGION 5, MC-10J US EPA, REGION 5, W-15J -
77 W JACKSON BLVD 77 W JACKSON BLVD
THE UNITE SIOF AMERICA BY THE U.S ENVIRONMENTAL PROTECTION AGENCY
IITYPED NAME AND TITLE. JO LYNN TRAUB, DIRECTOR
WATER DIVISION, REGION 5
This ag'r-eement sZbject to app}.
, accepting this award or amendrir ent andbiy payments made pursuant thereto, (1) the undersigned represents that he is duly
authorized to act on behalf of the recipient organization, and (2) the recipient agrees (a) that the award is subject to the
applicable provisions of 40 CFR Chapter I, Subchapter 5 and of the provisions of this agreement (Parts I thru IV), and (b) that
acceptance of any payments constitutes an agreement by the payee that the amounts, if any found by EPA to have been _.•
overpaid will be refunded or credited in full to EPA.
able U.S nvironmental Protection Agency statutory provisions and assistance regulations. In
;u m:4 rL 4;N: 995.:74.1.--12
TERMS AND CONDITIONS
TERM AND CONDITION NUMBER 9 HAS BEEN ADDED AS FOLLOWS:
9. Y2K COMPLIANCE
Your assistance agreement may produce electronic date-sensitive data or systems that use
such data. Any information technology purchased, produced, submitted or exchanged under
this agreement must be capable of processing data according to EPA's Data Standard for
representation of calendar dates (EPA Directive 2100, IRM Policy Manual, Chapter 5, Data
Standard). This information is located on the EPA website
(http://www.epa.gov/irmpoli8/polman/chaptr05.txt.htrnl#calendar). Information technology
acquired under this agreement should be consistent with the technical Year 2000
requirements as described in the Federal Acquisition Regulation 39.002. This information is
located on the official GSA website (http://www.arnet.gov/far/97-05/htm1/39.html).
ALL PREVIOUSLY CITED TERMS AND CONDITIONS REMAIN THE SAME.
EPA Poem 3700-208 (Rev. 11441
STA7E.3 ENVIRONMENTAL PT:ICI-EC -710N AGENCY
.r7EGION5
77 WEST JAnCK::--,ON ECULEVARD
CHICAGC IL 60604-3550 4*
PEP-Y10 TTENTICN JUA 1 6 igga
Mr. Butler Benton. jr.
Director of Administration
Wayne County Department of Environment
415 Clifford
Dea-oit, MI 43226
Re: WBE/MBE Fair Share Goals
Dear Mfr. Benton:
MC-105
1, ;<-
This letter will confirm our telephone call of June 15, 1998 regarding the correc tion of the
services goals of all of Wayne County Department of Environment's proposed fair share for your
assistance agreements with the United. States Environmental protection Agency (USEPA). As
you may know, under 1.1SEPA's interim MBE/VIBE policy, these goals may also be used by local
government and non-profit recipients in your state in lieu of conducting an independent
availability analysis. On behalf of Region 5, we thank you and your staff for their courtesy and
cooperation during this process. For FY93, the fair share goals for your assistance agreement(s)
will be :
SRF Construction 20% MBE 10% WEE
Service 20% MBE 10% WEE
Equipment 3% MBE 4% WBE
Supplies 8% MBE 4% WBE
Although USEPA's final MBE/WBE policy is still under consideration, because of the:
United States Supreme Court holding in Adarand v. Pena, it is possible that USEPA state giant
recipients may be required to perform an annual availability analysis before a grant can be
awarded. Similarly, the draft Final NIBEIWBE Guidance requires all grantees to track their
acquisition of supplies, services, equipment and construction by demographic status of the
contractor or vendor. We. realize that these requirements may place additional burdens on your
resources and we urge you to plan for them in advance. According to USEPA's Office of
General Counsel, at least part of the expense of performing an availability analysis would be an
allowable expense under USEPA's State Revolving Fund and Superfund _grants.
RecyciectiRecyciabie Prraec 'rout Veceracie C3 Basec Irors zn 30,Pc.,c:eri Pacer (20% Pcs:ccrisurr,e()
USEPA's Grants Ab1minisa-arion Division and Office of Small and Disadvantaged
Business Utilization are directing the revisions to the NiEYWBE policy. It is their intention to
promulgate formal NEBE/WBE regulations applicable to all. USEPA grants. Since they will affect
your USEPA grants, we suggest that you consider commenting on the proposed regulations
during the rule making process.
If I can be of any assistance, please do not hesitate to call. My direct dial number is.
(312) 353-5677.
Sincerely,
1.4kit :11.4.44,1_,1-
Robert I. • ardson •
Regional MBE/WBE Coordinator
cc: Robert Springer
Assistant Regional Adrainiszator
Lynn Donley
Associate Regional Counsel
THIS LEI. 1 .b.R WAS ALSO SENT TO THE FOLLOWING PERSONS:
M. G.ADE
G. HUGHES
J. HAMILTON
P. LARSON
J. NOVAK
FISCAL NOTE (Misc. #99297) November 18, 1999
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: DRAIN COMMISSIONER-SEPTAGE UNLOADING SITE PROJECT; $100,000 GRANT
APPLICATION/ACCEPTANCE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed
the above referenced resolution and finds:
1. The Drain Commissioner proposes to construct a Septage Unloading
Facility on Oakland County Government property.
2. The County of Wayne has offered technical assistance and Federal
grants for addressing and improving the water quality of the Rouge
River.
3. The Drain Commissioner has been awarded $100,000 of the $330,252
applied for in Federal grant assistance, to partially offset the
total Septage Unloading Facility project cost of $998,000; all
project cost over the grant award is funded by the Clinton Oakland
SDS (Sewage Disposal System) fund.
4. All grant funds are to go towards the construction phase only, in
accordance to the requirements of the United States Environmental
Protection Agency.
5. This fiscal note is for grant application and acceptance, amending
the budget as follows:
Septav, nisposal Facility Grant - Fund 4586 - Clinton Oakland SDS
1-61-121313-21100-0113 Federal Grant Revenue
2-61-227313-21100-2572 Contracted Services
Total
FY 2000
$100,000
$100,000
$ 0
Fl NCE COMMITTEE
Resolution #99297 November 18, 1999
Moved by Palmer supported by Causey-Mitchell the Finance Committee Report
be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Palmer supported by Causey-Mitchell the resolution be adopted.
Moved by Palmer supported by Causey-Mitchell the resolution be amended to
coincide with the recommendation in Items 1 thru 6 of the Corporation Counsel
Memo from Joseph W. Colaianne, Assistant Corporation Counsel.
A sufficient majority having voted therefor, the amendment carried.
Vote
AYES
Colasanti,
McCulloch,
NAYS
on resolution, as amended,
Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell,
Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law,
McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson. (24)
: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
1-.
............
I HERE; (• — 0 , 1.11E FOREGOING RESOLUTION iot, ' A
.
,
I- Brooke Pa &son, County Executive Date
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, 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 18, 1999 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 ,V8th al,g5 of November, 1999.
G. William Caddell, County Clerk
10t/99 03:24 5 :02102 N0:409 •
Date:
To:
From:
Title I Subject DE lication/
Apply and accent $100.0 C) 0 in g rant funds f aVTIP Lot Ill for the constructipp of a
CONTRACT! PROGRAM REVIEW REQUEST
October 27, 1999
Joseph Colaianne - Corporation Counsel
William E. Klockow, Deputy & Manager, Drain Engineering & Construction
Drain Commissioner - Septage Unloading Site Project; Grant A
Acceptance $100,000
File 0: Department
Contact Person: Philip Sanzica Telephone 0: 858-1031
STATUS (Check appropriate box)
CI Initial 0 Revision # 0 Extension 0 Final 0 Other*
if "other" is checked, please explain:
Is Board Resolution required? 0 No Yes - Resolution #: Date: 11/4/1999
Approved D Disapproved' 0 Modify* Date:
RISK MANAGEMENT AND SAFETY:
,iipproveci Li Disapproved' 0 Modify* Date: /1.e29,Signature:
/ 7 7; ts Approved 0 Disapproved' 0 Modify' Date:// dSignature;
/
CORPORATION COUNSEL:
Approved 0 Disapproved" )1,41odify* Date ii -//// Signature
-
CONTRACT/PROGRAM SYKIPSIS:
Septage Unloading Facility. The Facility will assist in improving water quality of the
Rouge River.
'Wien "Disapproved" is noted or "Modify" is requested, attach explanation.
RIsk management & Safety Revised 2/94
MANAGEMENT AND BUIIGEL
INTER
OFFICE MEMO
To: George W. Kuhn, Drain Commissioner
From: Joseph W. Colaianne, Assistant Corporation CounsEV-/
File: 99-1130
Date: 1 1 /1 5/99
Re: Inter-Agency Agreement for RPO Grant for Oakland CountySeptage Unloading
Facility
You have contacted this Department pursuant to the County's policy regarding
Contract/Program Review with respect to the above referenced matter. Please be advised
that I have modified the Inter-Agency Agreement (IAA) that was originally presented to the
various committees. From my review, the critical issues that needed to be resolved involved
(1) liaibility, insurance and indemnification; and (2) the "Fare Share" requirements.
With respect to liability, insurance and indemnification, Wayne County has consented to my
modifications which were as follows:
(1) With respect to Art X "Indemnification" I have added to both 10.1 and 10.2 the
following language at the beginning of the paragraphs: To the extent permitted under
Michigan law, ..."
(2) I have added paragraph 10.4 which preserves governmental immunity for both
counties.
(3) With respect to Art X! "Insurance" - Oakland County is self insured therefore - I have
added at the beginning of paragraph 11.1 - the following: "Unless the Entity is self
insured ...." The county can provide evidence of self insurance. Also - our contract
with the contractor will require insurance as well.
(4) With respect to Art XVII "Year 2000 Compliance" - I have added paragraph 17.10
which limits these provisions to "Information Products" supplied to County or acquired
by Entity [i.e. Oakland County].
(5) Finally, this contract will be signed by the Chairperson of the County Board of
Commissioners and the Drain commissioner and administered by the Drain
Commissioner - accordingly, I have modified the opening paragraph to read : .
and the County of Oakland, by and through its Drain Commissioner, (hereinafter
referred to as "Entity")
PRIVILEGED AND CONFIDENTIAL
ATTORNEY / CLIENT COMMUNICATION
The second issue was the "Fare Share" requirements provided in Article VI, paragraph 6.4 of
the IAA. If any of the grant funds are to be used to engage a contractor/subcontractor, the
recipient of the funds [i.e. Oakland County] must ensure to the fullest extent possible that a
certain percentage for equipment, supplies and construction and services be made available
to organizations owned or controlled by women and/or socially and economically
disadvantage individuals and historically black colleges and universities. These percentages
are reflected in Article VI, paragraph 6.4, of the IAA and the attachments thereto. According
to Wayne County's Department of Corporation Counsel, these percentages must be
complied with in the bid selection process of contractors/subcontractors.
Attached hereto, is a copy of the agreement as modified. As noted above, Wayne County
has agreed to the modifications.
Should you have any questions, please call.
Cc: Phillip Sanzica, P.E., Asst. Chief Engineer, OCDC
• Page 2
ROUGE RIVER STORM WATER MANAGEMENT PROJECTS
ROUGE RIVER ON-SITE SEWAGE DISPOSAL MANAGEMENT PROJECTS
GRANT AGREEMENT
BETWEEN THE COUNTY OF WAYNE AND THE COUNTY OF OAKLAND
THIS AGREEMENT is entered into this day of , 1998, between
the County of Wayne, Michigan, a body corporate and Charter County ("County") and the County
of Oakland, a body corporate pursuant to 1973 PA 139, as amended, by and through its Drain
Commissioner (hereinafter referred to as "Entity").
RECITALS
WHEREAS, the County is the recipient of, and is responsible for the administration of,
certain federal grant funds referred to as the Rouge River National Wet Weather Demonstration
Project Grant ("Grant").
WHEREAS, the United States Environmental Protection Agency ("USEPA") has
established Grant conditions and regulations that require the County to act as the responsible party
with respect to the Grant, including those provisions described within 40 C.F.R. Part 31.
WHEREAS, the USEPA will supervise the Grant and Grant conditions in order that the
Grant be used in accordance with the requirements of the law.
WHEREAS, the parties have agreed to follow certain administrative procedures and
cooperate on the various tasks to be undertaken in order for the County to comply with the Grant's
requirements and objectives.
WHEREAS, the Rouge River National Wet Weather Demonstration Project ("Rouge
Project") is a comprehensive watershed-wide program addressing wet weather pollution problems
ranging from controlling combined sewer overflows ("CSO") to storm water runoff in the Rouge
River.
WHEREAS, one of the purposes of the Grant is to enable the County and local units of
Government within the Rouge River Watershed to evaluate alternative approaches for controlling
sources of water pollution.
WHEREAS, on-site sewage disposal systems ("OSDS") management projects proposed by
the local units will further the Grant's goal to improve water quality and recreational use of the
Rouge River.
WHEREAS, planning, design, or implementation of OSDS management project that have
a positive effect on maintenance of OSDS and preventing premature failure of OSDS, construction
of a new septage disposal facility, modification of existing, facilities to improve the access of
1
septage servicers for dumping, septage, operational cost to initiate and perform evaluation and
management of OSDS, and development of local ordinances to require the regular evaluation of
OSDS are considered examples of the types of projects that will assist in restoring, the water
quality of the Rouge River.
WHEREAS, the Septage unloading Site Project comprised of the activities set forth in this
Agreement would further the goals of the Grant.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties hereby agree as follows:
ARTICLE I
SCOPE OF PROJECT
1.1 The County will provide a portion of the Grant to Entity to enable the Entity to do the
activities described in Attachment "A"
1.2 The budget presented in Attachment "A" along with the scope of work in Attachment "A"
specify the performance of the work as anticipated at the time the contract is signed.
1.3 The Entity agrees to submit a Final Project Summary Report at the project end to assist the
County in the grant close-out process. The Final Project Summary Report should generally be 4-10
pages in length and should include:
A. A summarized clear description of the project. In addition to the project
description, the report should include the following: project objectives; major
elements of the project; project highlights; study area size and characteristics;
duration (if applicable) for planning and design, and implementation; planning,
design and implementation considerations; and operation and maintenance
considerations.
B. Comments on how the completion of this project benefited or is projected to
improve the Rouge River.
C. A written set of recommendations to other local governments and agencies that
evaluates the benefits and cost effectiveness of the project. The cvaluato .- should
consider the total project cost. The recommendations should also summarize how
the project was evaluated and the evaluation results of the effectiveness of the
project.
D. Comments on how the results of this project are transferable to other communities
or agencies.
E. List of all task products completed. The list should include the official name of the
products.
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ARTICLE II
SCHEDULE OF WORK
2.1 The Time Frame for the project milestones completion is contained in Attachment "A".
ARTICLE III
FINANCIAL PROVISIONS AND BUDGET
3.1 The detailed budget is contained in Attachment "A" and will be considered an
approximation based on the best information available at the time of this Agreement. The internal
distribution of the monies allocated among project elements may be modified by the Entity up to
a total cumulative transfer among direct cost categories not to exceed 10% of the total budget
without written approval by the County. Other modifications to the budget will be only upon
written Agreement between the County and the Entity.
3.2 The County will provide from the Grant, 32.28 percent of approved, allowed, and eligible
costs for activities outlined in Attachment "A". The total amount to be reimbursed to the Entity
shall not exceed$100,000. The Entity shall provide a minimum matching of costs of $100,000 or
69.72 percent of approved costs, which may be satisfied by demonstrating either cash or in-kind
services from non-federal sources.
3.3 The County will hold the final 10 percent of the total federal fund allowable to the Entity
until the completion of the project by the Entity as identified in Attachment "A". Upon completion
of all the tasks by the Entity, the approval of the Entity task products by the County, and the
approval of the Entity submittal of the documentation of the final project cost by the County, the
remaining 10 percent of the federal funds will be reimbursed to the Entity.
3.4 BUDGET
The budget for this project is listed in Attachment "A':
3.3.1 The total budget will be sub-categorized as follows:
A. Personnel expenses.
B. Fringe benefits.
C. Travel costs.
D. Equipment costs.
E. Supply costs.
• F. Construction costs.
G. Other necessary costs (specifying nature of necessity and cost).
H. Direct charges from others (attach copy of invoice).
I. Indirect costs (specifying nature of necessity and cost).
J. Total amount requested.
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ARTICLE IV
CONTRACT ADMINISTRATION AND PAYMENT
4.1 This Agreement will be administered on a cost reimbursement basis. The Entity shall
submit to the County project status reports and invoices on standard forms provided by the County.
4.2 All reports and invoices shall be submitted at least quarterly, no more than forty (40) days
after each quarter end date. Reimbursements shall not be allowed without a status report
submission.
4.3 Invoices must clearly identify:
A. Total program outlays to the date of the invoice.
B. The non-federal share of amount expended.
C. The federal share of amount expended.
D. The federal payments previously received.
E. The reimbursements requested for the billing period.
F. Project work element detail.
G. Project direct costs and outside services.
H. Time sheets for hourly employees and labor distribution sheets for salaried
employees.
I. Documentation of all contractor costs.
4.5 The invoices must be certified for completeness and correctness by an appropriate Entity
official.
4.6 All invoices will be paid by the County within thirty (30) days of receipt of funds from the
USEPA.
4.7 The Entity will provide documentation to the County that demonstrates compliance with
federal and state regulations before payments will be processed. The Entity will prepare all cost
estimates for implementation of the planned activities, including a breakdown of eligible and
ineligible cost items, with respect to grant funding. These cost estimates will be provided in a
format to be established by the County.
4.8 The Entity will exercise the necessary contract oversight and administration of any
subcontracts. These duties include, but are not limited to construction inspection and negotiating
and executing change orders (where construction is to occur), monitoring project progress,
responding to subcontractor or citizen complaints, coordinating between different subcontracts, and
overseeing, subcontractor's compliance with the approved project plans and specifications. These
activities are to be done in accordance with procedures established by the Grant and by 40 C.F.R.
31.1, et seq.
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4.9 All reports, invoices, and work products required under this contract will be transmitted to
the Director of Watershed Management Division, Department of Environment, Wayne County, 415
Clifford, Detroit, Michigan 48226.
ARTICLE V
AUDIT AND ACCESS TO RECORDS
5.1 The Entity will maintain and retain financial records and supporting documentation in
accordance with generally accepted accounting procedures and in accordance with the requirements
of federal and state regulations.
5.2 The Entity will cooperate with and assist the County with respect to federal or state audit
review related to the use of Grant funds. This cooperation shall include preservation of the
necessary documentation and access to the records until federal and/or state audit resolution
processes have been completed and notification of records disposal has been received by the
County. The Entity will cooperate with the County with respect to evaluating audit findings of this
Agreement.
5.3 The Entity will be responsible for the reimbursement of any funds required to be returned
to the USEPA due to Entity actions or omissions, as determined by audit findings and hold the
County harmless from any repayment therefrom.
ARTICLE VI
GENERAL PROVISIONS
6.1 This Agreement is expected to be funded in part with funds from the USEPA. The Entity
will not enter into any agreements with either the United States or any of its departments, agencies,
or employees which are or will be a party to this Agreement or any lower tier subagreement for
monies related to this specific project. This Agreement is subject to regulations contained in 40
C.F.R. Part 31 in effect on the date of the assistance award for this project.
6.2 The Entity understands that the County has no funds other than the Grant funds to pay for
the project costs. All costs other than the Grant funds associated with the activities which are the
subject matter of this Agreement will be the responsibility of the Entity.
6.3 The Entity will cooperate with the County to ensure timely completion of the tasks
undertaken as part of the project. Cooperation includes, but is not limited to sharing information
and records, participation in applicable committees, and assisting in development and evaluation
of water quality improvement alternatives.
6.4 The Entity warrants that it will comply with the provisions of 40 C.F.R. Part 31 and, as
applicable, all provisions contained in the Grant. In the event there are any conflicts between the
5
provisions of this Agreement and the terms of the Grant, the Grant terms will prevail. The Grant
document and the terms and conditions of the Grant are included here in Attachment "B". The
June 16, 1998 correction letter of the grant fair share goals from EPA is also included here in
Attachment "B". The fair share goals for the Grant as identified in that letter are as follows:
Construction 20% Minority Business Enterprise (MBE) 10% Woman Business Enterprise (WBE)
Services 20%MBE 10%WBE
Equipment 8%MBE 4%WBE
Supplies 8%MBE 4%WBE
6.5 The Entity is responsible for securing all necessary permits from regulatory agencies and
is responsible for obtaining any professional services necessary for the Project Activities. The
Entity will act at all times in accordance with applicable federal and state regulations, and will
secure any permits and negotiate the terms of agreements in accordance with those requirements.
6.6 If the Entity secures any interest in lands, including easements, these acquisitions will be
in accordance with applicable federal law and regulations including 49 C.F.R., Part 24 and state
statutes related to the taking of interests in land.
6.7 With respect to construction projects, the Entity is responsible for conducting post project
evaluation and certifying that any construction meets the approved design criteria. These
certifications will be submitted to Wayne County and the USEPA and MDEQ, where appropriate,
in accordance with the Grant requirements and applicable regulations. If the project does not meet
the design criteria, the Entity will be responsible for taking the necessary corrective measures.
6.8 The ownership of any facilities constructed under this Agreement shall remain with the
Entity. The Entity agrees to operate and maintain the facility consistent with the Grant project
goals and in accordance with the requirements of the applicable federal and state statutes and
regulations, Grant conditions, and local ordinances.
6.9 The Entity warrants that it will comply with the provisions of 40 C.F.R. Part 31.32 relating
to any equipment including computers and peripheral computer equipment purchased as part of this
grant assistance project.
6.10 Any amendment to this agreement must be in writing, and signed and acknowledged by a
duly authorized representative of each party.
ARTICLE VII
WAIVER OF BREACH
7.1 No failure by a party to insist upon the strict performance of any term of this Agreement
or to exercise any term after a breach, constitutes a waiver of any breach of the term. No waiver
of any breach affects or alters this Agreement, but every term of this Agreement remains effective
6
with respect to any other existing or subsequent breach.
ARTICLE VIII
TERMINATION
8.1 This Agreement will terminate after the final audit and final resolution of any issues related
thereto as described within 40 C.F.R. Part 1, Subpart D.
8.2 This Agreement may be terminated in whole or in part in writing by the County for its
convenience. The Entity must be given: (1) not less than thirty (30) calendar days written notice
of intent to terminate; and (2) an opportunity for consultation with the County prior to termination.
This Agreement may be terminated in whole or in part in writing by the Entity for its convenience.
The County must be given: (1) not less than thirty (30) calendar days written notice of intent to
terminate; and (2) an opportunity for consultation with the Entity prior to termination.
8.3 If termination for convenience is effected by the County or the Entity, an equitable
adjustment in the Agreement price will be made. The equitable adjustment for any termination will
provide for payment to the Entity for services rendered and expenses incurred prior to termination.
Equitable adjustment also will include termination settlement costs reasonably incurred by the
Entity and approved by the County, relating to personnel hired specifically for activities related
to this Agreement, provided such costs are eligible and allowable under the terms of the Grant.
8.4 Upon receipt of a termination notice pursuant paragraphs 8.2 or 8.3, above, the Entity will:
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver
or otherwise make available to the County all data, drawings, specifications, reports, estimates,
summaries, and such other information and materials as may be accumulated by the Entity in
performing this Agreement, whether completed or in process.
8.5 Upon termination pursuant to paragraphs 8.2 or 8.3, above, the County may take over the
work and prosecute the same to completion by Agreement with another party or otherwise.
8.6 All notices of termination will be sent certified mail, postage prepaid and return receipt
requested.
ARTICLE IX
LIABILITY
9.1 All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out
of activities of the Entity will be the sole responsibility of the Entity and not the responsibility of
the County. Nothing herein will be construed as a wavier of any governmental immunity by the
Entity, its agencies, or employees have as provided by statute or modified by court decisions.
7
9.2 All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out
of activities of the County will be the sole responsibility of the County and not the responsibility
of the Entity. Nothing herein will be construed as a wavier of any governmental immunity by the
County, its agencies, or employees have as provided by statute or modified by court decisions.
ARTICLE X
INDEMNIFICATION
10.1 To the extent as permissible under Michigan law, the Entity will indemnify, defend, and
save harmless the County, its officers, boards, employees, and agents from and against any and all
liabilities, obligations, damages, penalties, claims, costs, charges, and expenses (including, but not
limited to fees and expenses of attorneys, expert witnesses, and other consultants) which may be
imposed upon, incurred by, or asserted against the County, its boards, officers, employees, and
agents, by reason of any act or omission of the Entity, its personnel, employees, agents, or
subcontractors, in the performance of this Agreement.
10.2 To the extent as permissible under Michigan law, the County will indemnify, defend, and
save harmless the Entity, its officers, boards, employees, and agents from and against any and all
liabilities, obligations, damages, penalties, claims, costs, charges, and expenses (including, but not
limited to fees and expenses of attorneys, expert witnesses, and other consultants) which may be
imposed upon, incurred by, or asserted against the Entity, its boards, officers, employees, and
agents, by reason of any act or omission of the County, its personnel, employees, agents, or
subcontractors, in the performance of this Agreement.
10.3 The provisions of Article X shall survive the expiration or any termination of this
Agreement for a period of three (3) years.
10.4 Notwithstanding any other provision in this Agreement, no provision in this Agreement is
intended, nor shall any such provision be construed, as either waiving or constituting a waiver of
any public or governmental immunity afforded to the County or Entity, and/or County's or Entity's
agents, employees, representatives as provided by applicable statutes and/or court decisions.
ARTICLE XI
INSURANCE
11.1 Unless the Enity is self-insured, the Entity shall purchase and, to the extent permissible by
law, have the County, its officers, commission, boards, and employees named as additional parties
insured under the policy or policies of insurance and maintain such insurance so as to protect the
County from claims set forth below which may arise out of or result from the project services,
whether such services be by the Entity, by any subcontractor, or by anyone directly or indirectly
employed by the Entity, or by anyone for whose acts any of them may be liable:
11.2 Throughout all phases of the project and for a period of three (3) years after final completion
8
and acceptance by the County of the project services, the Entity shall keep in force, at its sole cost
and expense, a professional liability insurance policy for claims for damages arising out of an error,
omission, or negligent act in the performance of professional services, with limits of One Million
($1,000,000) dollars per claim and One Million ($1,000,000) dollars in the aggregate for each
twelve (12) month period. The Entity agrees that the policy may not be substantially modified or
canceled without thirty (30) days prior written notice to the County and shall promptly notify the
County of any failure to renew such policy as necessary prior to final completion of the Project.
11.3 Throughout all phases of the project and for a period of three (3) years after final completion
and acceptance by the County of the project services, the Entity shall keep in force, at its sole cost
and expense, with insurance companies authorized to do business in the State of Michigan, the
following insurance coverages:
11.3.1 Workers' Compensation which meets Michigan's statutory requirements, or other
similar employee benefit act of any other state applicable to an employee.
11.3.2 Employers' Liability Insurance, in conjunction with Workers' Compensation
Insurance for claims for damages because of bodily injury, occupational sickness or disease, or
death of an employee when Workers' Compensation may not be an exclusive remedy. Such
insurance shall be subject to limits of liability of not less than Five Hundred Tbousand ($500,000)
dollars for each incident.
11.3.3 General Liability Insurance for claims for damages because of bodily injury or death
of any person, other than the Entity's employees, or damage to tangible property of others,
including loss of use resulting therefrom. Such insurance shall be subject to bodily injury limits
of not less than $500,000 per occurrence and $ 1,000,000 annual aggregate and property damage
limits of not less than $500,000 per occurrence or combined bodily injury/property damage limits
of not less than $750,000 per occurrence and $ 1,000,000 annual aggregate.
11.3.4 Contractual Liability Insurance for claims for damages that may arise from the Entity
contract under Article X concerning indemnification for errors, omissions, or negligent acts in the
course of the professional service or other provision within this Agreement, to the extent that such
kinds of contractual liability are insurable in connection with, and subject to, limits of liability not
less than for the professional liability insurance and general liability insurance set forth in
subparagaphs 11.2 and 11.3.3, above.
11.3.5 Comprehensive Automobile Liability coverage, including coverage for a owned, hired,
and non-owned vehicles with coverage of One Million ($1,000,000) dollars per occurrence for
bodily injury and property damage combined.
11.3.6 Comprehensive Automobile Insurance required by law for claims arising from
ownership, maintenance, or use of any motor vehicle owned or non-owned, County, or for-hire
vehicles, with $ 1,000,000 single limit of liability.
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11.4 Certificates of insurance or self-insurance shall be provided to the County prior to
commencing Project Services under this Agreement. Said certificates shall contain a provision that
coverage afforded shall not be canceled, materially modified, or allowed to expire unless the
insurance carrier has given at least thirty (30) days prior written notice to the County.
11.5 The County and the Entity waive all rights against each other and their consultants, agents,
and employees for damages covered by any property casualty insurance during the Project
Services, but only to the extent covered by such insurance.
11.6 Compliance by the Entity with the requirements of this Article as to carrying insurance and
furnishing proof thereof to the County, shall not relieve the Entity of its liabilities and obligations
under this Agreement.
11.7 The provisions of this Article shall survive the expiration of any termination of this
Agreement for a period of three (3) years.
ARTICLE XII
NON-DISCRIMINATION
12.1 In accordance with the United States Constitution and all federal legislation and regulations
governing fair employment practices and equal employment opportunity, the Entity shall comply
with:
A. Titles VI and VII of the Civil Rights Act of 1964 (Pi. 88-352, 78 Stat. 252) and
the United States Department of Justice regulations (28 C.F.R. Part 52) issued
pursuant to Titles VI and VII;
B. Environmental Protection Agency regulations (40 CIR., Parts 7 and 12);
C. The Age Discrimination Act of 1985 (42 U.S.C. Sec. 6101-07);
D. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794);
E. The Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et. seq.) and
its associated regulations; and
The Michigan Constitution and all state laws and regulations governing fair
employment practices and equal employment opportunity, including but not limited
to the Michigan Civil Rights Act of 1976 (P.A. 453) and the Michigan
Handicappers Civil Rights Act (P.A. 220 of 1976), and the Wayne County Fair
Employment Practice Resolution of April 14, 1970.
F.
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12.2 The Entity agrees that it will not discriminated against any person, employee, consultant
or applicant for employment with respect to his or her hire, tenure, terms, conditions or privileges
of employment because of his or her religion, race, color, national origin, age, sex, height, weight,
marital status, or a handicap that is unrelated to the individual's ability to perform tasks particular
to a job or position.
12.3 The Entity further agrees that it will require each contractor performing services under this
Agreement to agree to the provisions of this Article.
12.4 The Entity is responsible for complying with all federal and state laws and regulations
regarding competitive bidding.
ARTICLE XIII
ASSIGNABILITY
13.1 This Agreement will be binding upon and enure to the benefit of the parties hereto and their
respective heirs and assigns.
13.2 Neither of the parties hereto may assign this Agreement without the prior written consent
of the other.
ARTICLE XIV
VALIDITY
14.1 If any provision of this Agreement or the application to 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 to persons or circumstances other than those as to which it is
invalid or unenforceable, is not affected and is enforceable, provided the invalid provision does not
substantially alter the contract or make execution impractical.
ARTICLE XV
ENTIRE AGREEMENT
15.1 This document, including any attachments, contains the entire agreement between the
parties.
15.2 Neither party has made any representations except those expressly set forth herein.
15.3 No rights or remedies are or will be acquired, by either party by implication or otherwise
unless set forth herein.
ARTICLE XVI
PATENTS, COPYRIGHTS, AND RIGHTS IN DATA
11
16.1 If this Agreement involves research, developmental, experimental, or demonstration work
and any discovery or invention arises or is developed in the course of, or under this Agreement the
Entity and the County shall retain joint authority to patent or license.
16.2 The parties agree that any plans, drawings, specifications, computer programs, technical
reports, operating manuals, and other work submitted, or which are specified to be delivered under
this Agreement, or which are developed or produced and paid for under this Agreement are subject
to the rights of both parties and both parties shall retain an irrevocable license to reproduce, publish
and use in whole or in part and to authorize others to do so.
16.3 This Agreement is funded in part by the USEPA and is therefore subject to the reporting and
rights provisions of 40 C.F.R. Part 30, Subpart D including Appendix B and Appendix C.
16.4 This clause shall be included in all subcontracts.
ARTICLE XVII
YEAR 2000 COMPLIANCE
17.1 The following, terms, when used in this Article, are understood by the parties to be defined
as in subparagraphs (a) through (0 of this Paragraph.
(a) Certification:
the act of providing, written testimony of qualification of a process and / or product as
pertains to Year 2000 Compliance, including identification and documentation of all
formats of Date Processing, and Date Exchange, which formats may include International
Standards Organization (ISO) standards and other, generally accepted, documented
methods of date representation.
(b) Date Exchange:
the interchange of date data between two or more systems or system elements.
(c) Date Processing:
the handling of date data within a system or system element.
(d) Information Products:
products and / or services involving or including, but not limited to hardware, software,
firmware, middleware and embedded systems including but not limited to Electronic Data
Interface (EDI) and other interfaces for the exchange of data, whether acting, alone or
combined as a system.
(e) Year 2000 Compliant:
the quality of a system to provide all of the following functions:
(i) flawless handling of date information, via US standards, before, during, and
after January 1, 2000, including but not limited to accepting date input,
providing date output, executing, single-century formulas, executing multi-
century formulas and performing calculations on any and all dates and / or
portions thereof, specifically including but not limited to dates in the year
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1999 and all subsequent years;
(ii) accurate operation, without interruption, before, during, and after January
1, 2000, without any change in operations associated with the advent of the
new century, including but not limited to leap-year calculations;
(iii) proper response to two-digit year-date input such that a system or system
element resolves any ambiguity regarding century in a disclosed, defined
and predetermined manner;
(iv) storage and output of all date information in ways that are unambiguous as
to century; and
(v) interaction with other systems or system elements whereby date data is
exchanged accurately, without exception, and whereby no data is corrupted
by the interaction, whether or not the data be date-related, and whereby the
co-operation does not otherwise adversely affect the performance of any
system, system element or system component.
(f) Non-Year 2000 Compliant:
any system which is not Year 2000 Compliant.
17.2 Notwithstanding any provision elsewhere contained in this Agreement, the Entity expressly
represents and warrants that all Information Products supplied to the County under this Agreement
are fully Year 2000 Compliant according to the definitions and standards herein contained.
17.3 The Entity expressly warrants that all Information Products which the Entity will acquire
under this Agreement are Year 2000 Compliant such that any other Information Products, when
used in combination with the Information Products which the Entity will acquire hereunder, will
properly execute all Date Exchange and Date Processing functions, whether the other Information
Products were written, manufactured, produced or performed by the Entity or by a third party.
17.4 The Entity agrees that it shall accomplish and document all modifications necessary to
ensure that all Information Products previously provided or to be provided or maintained by the
Entity in the future under this Agreement are or will be Year 2000 Compliant, as herein defined.
17.5 The Entity warrants that if it uses Information Products to perform any service under this
Agreement, all such Information Products will be Year 2000 Compliant as defined herein. If, in
the course of performing its obligations under this Agreement, the Entity uses specific Information
Products in collaboration with one another such that a system is created, then the warranty of this
Paragraph shall apply to the system as well as to the specific Information Products.
17.6 The Entity warrants that if it provides an electronic data interface or any other interfaces
to be used in the exchange of data between the County and the Entity for the purpose of
monitoring, updating, billing, ordering, or similar purposes, such interfaces are fully Year 2000
Compliant.
17.7 The Entity agrees that upon any request by the County, the Entity will perform
13
comprehensive testing necessary to demonstrate that all Information Products provided or used
under this Agreement are Year 2000 Compliant, and the Entity will furnish the County with any
requested Certification, as herein defined, along with supporting documentation. The Entity agrees
that the County may request and receive other forms of verification that Information Products are
Year 2000 Compliant, including, but not limited to, witness testing, and audit testing. Nothing in
this Paragraph shall be construed, interpreted or understood to in any way alter, affect or modify
the meanings or significance of any of the other provisions contained herein.
17.8 The Entity agrees that it will promptly remedy any breach of any warranty contained in the
foregoing Paragraphs (2) through (7) at no additional charge to the County. Remedy of a breach
may be through the correction, upgrade or replacement of any Non-Year 2000 Compliant
Information Products provided or used by the Entity under this Agreement with functionally
equivalent Information Products which are Year 2000 Compliant. If, after its best efforts, the
Entity is unable to accomplish the correction or replacement of the Non-Year 2000 Compliant
Information Products within 45 days of notification by the County of the failure of the Information
Products to attain Year 2000 Compliance the Entity agrees that it will refund to the County any
amounts paid by the County for the Information Products provided or used, and unexceptionally
indemnify and hold the County harmless from and against any and all liability, loss or expense,
including, reasonable attorney's fees, incurred in connection with Non-Year 2000 Compliant
Information Products. Nothing, in this Paragraph 17-8 shall be construed to limit any rights or
remedies otherwise available under this Agreement with respect to defects other than Year 2000
Non-Compliance.
17.9 This Agreement supersedes all previous agreements between the Entity and the County
which regard Year 2000 Compliance. Except as expressly modified, the terms and conditions of
the original agreements will remain in full force and effect. The foregoing, Year 2000 provisions
constitute the entire accord between the parties as regards Year 2000 Compliance for this
Agreement. These provisions shall survive termination or expiration of this Agreement.
17.10 Notwithstanding any provision elsewhere contained in this Agreement, the Year 2000
provisions contained in this Article, shall only apply to Information Products supplied to County,
and/or acquired by Entity pursuant to this Agreement.
ARTICLE XVIII
JURISDICTION AND GOVERNING LAW
18.1 This Agreement, and all actions arising from it, must be governed by, subject to, and
construed according to the law of the State of Michigan.
ARTICLE XIX
EFFECTIVE DATES
19.1 This Agreement becomes effective immediately upon signing by both parties and shall
14
allow for billing all costs incurred from November 1, 1999. This Agreement, unless extended by
mutual written agreement, expires on May 15, 2000. Should the USEPA require reimbursement
by the County of funds transferred to the Entity for costs incurred prior to this Agreement, the
Entity shall be responsible for any such reimbursement.
ARTICLE XX
PARTY REPRESENTATIVES
20.1 The County's representative for this Agreement is the Director of Watershed Management
Division, Department of Environment, Wayne County. The Entity representative for this
Agreement is the Oakland County Drain Commissioner. Either party may assign alternate
representatives upon written notification of the other party.
15
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as
of the date and year first written above.
COUNTY OF WAYNE, MICHIGAN
By:
EDWARD H. McNAMARA
Its: Chief Executive Officer
OAKLAND COUNTY, MICHIGAN
By:
Its:
16
Grant Application for
Septage Ualoading Site
Page 1
rev. 9/10/99
ATTACMEENT -A"
Oakland County Drain Commissioner
Rouge River National Wet Weather Demonstration Project
Onsite Sewage Disposal Systems Management Projects
Grant for Septage Unloading Site
Located on the Oakland County Campus, Pontiac, Michigan
1. Project Proposal and Objectives:
Provide a septage unloading site for the disposal of private septic tank cleaning from
facilities located in the Rouge River Watershed and other Watersheds. The site will
be located on the Oakland County Government Campus in Pontiac, Michigan and
will discharge to Oakland County's Clinton-Oakland Interceptor which transports the
septage to the Detroit Water and Sewerage Department (DWSD) System for final
treatment and disposal at the DWSD Wastewater Treatment Facility. The site will
be permitted by DWSD.
The Septage Unloading Facility will be located on Oakland Avenue east of West
Boulevard in the City of Pontiac. The facility will be part of a 7.97 acres of land
owned by the County of Oakland. The proposed facility will include a 16' x 20'
Maintenance Building, reinforced concrete pavement entrance and exit drives, and
a septage unloading and vactor dump drying bed. The proposed facility will also
include fencing, lighting, landscaping and a security and billing system.
The purpose of the Septage Unloading Facility is to provide a convenient and cost-
effective site to dispose of septage, thereby, reducing the possibility of pollution of
the Rouge River by illegal "dumping" into surface waters. The targeted population
is the licensed Septage Haulers.
The demonstration value of the project includes developing construction details for
the septage unloading and vactor dump drying bed and the sanitary sewer outlet to
the Oakland County Interceptor. A security system will be developed using state of
the art instrumentation to operate the accounting system, security gates, lighting and
video surveillance cameras. Operation and maintenance of the facility will be
monitored following initiation of operation. This will be completed by surveying the
Septage Haulers and the Operations & Maintenance Staffs and a report submitted to
the Rouge Program Office.
Task Description:
Task 1 - Subwatershed and RPO coordination meetings.
Task 2 - Prepare engineering plans and specifications for the construction of the
proposed OCDC Septage Unloading Site by Spalding, DeDecker
Associates, Inc. (Engineering Agreement, dated July 9, 1998)
Task 3 - Advertise for bids, receive bids and award contract for construction of the
OCDC Septage Unloading Site.
Grant Application for
Septage Unloading Site
Page 2
rev. 9/10/99
Task 4 - Construct the OCDC Septage Unloading Site in accordance with the
engineering plans and specifications.
Task 5 - OCDC Construction Lay-out, full time Construction Inspection, and
Contract Administration.
Task 6 - Final project report including surveying the Septage Haulers and the
Operations & Maintenance Staffs and a report submitted to the Rouge
Program Office.
3. Project Schedule:
Task 1 - Subwatershed and RPO coordination meetings.
Start Date: November 1, 1999
Completion Date: May 1, 2001
Task 2 - Preparation of engineering plans and specifications (no grant funds to be
utilized).
Start Date: July 15, 1998
Completion Date: Completed
Task 3 - Advertise and receive bids, award contract (no grant funds to be utilized).
Start Date: November 1, 1999
Completion Date: December 31, 1990
Task 4 - Construct the OCDC Septage Unloading Site
Start Date: January 1, 2000
Completion Date: November 15, 2000
Task 5 - Construction Inspection and Contract Administration
Start Date: January 1, 2000
Completion Date: November 15, 2000 -
Task 6 - Final project report
Start Date: November 15, 2000
Completion Date: May 15, 2001
Grant Application for
Septage Unloading Site
Page 3
rev. 9/10/99
4. Project Cost:
,
Task Project Total Project Eligible Cost
Number Cost for Funding
1 $ 2,000 $ 2,000
2 $ 99,000 1 $ 0
3 $ 3,000 1 $ 0
4 760,000 $ 274,674
5 $ 114,000 $ 43,578
6 S 10,000 10,000
Total $ 988,000 $ 330,252
Note: Operating Reserves are from Oakland County's
Clinton-Oakland System recovered through user
fees from the Septage Unloading Site.
Notes:
A) It has been estimated that approximately 40% to 50% of the licensed Septage
Haulers that currently use the existing facility generate their business within
the Rouge Watershed. We have used 45% for determination of eli gible costs.
Please refer to the attached Oakland County Drain Commissioner's Office
12, 199E, for a more detailed discussion.
B) Calculation of the eligible cost for this project is attached. Eligibility off the
construction cost will be verified after bid opening.
C) Maximum amount to be funded form The Rouge Federal Grant to OCDC is
$100,000. Funding eligibility percentage for this project is 30.28%.
,otinty Eligible Cost Calculations
Total Construction cost $690,910
Vactor Drying Bed (ineligible/not for septage) $104,000
Total cost eligible $586,910
Only 40% to 50% of this facility will be used By the Rouge
45% of the cost is eligible for funding $264,110
=-----===> Construction cost eligibility % 38,23%
Add 4% standard construction contingency (Task 4) $274,674
Task 5- Construction inspection & Contract Administration $43,578
Task 6 - Final Project Report $10,000
Task 1 - Project Coordination and management. $2,000
Total Project Eligible Cost $330,252
Federal share for the project $100,000
ASZISTANCZ=. iD NO.
X :;.1S574-0H.i--t-,-)
c.t4 Q
A 1,
, Z. LCG NUMEER
C5-X -CCa
I 4. mAILNG QAZE 44ii 4-4 am
31(41
1
-
EN NO.
28-6004895
!CONGRESSIONAL DISTRICT 10. RECIPIENT TYPE
COUNTY OR PARISH
I I E
16. STATE AP PL ID (c:ringt,c,....)
-N/A
20. REGULATORY AUTHORFFY
40 CFR PART 31
19. PROJECT STEP
tWWT Constn4on Grants Cr)
N/A
21. STEP 2 + 3 & STEP 3 iww'r at.mr. onm
a. Treatment Lauel
17. SCIENCE FIELD
NA
1 I
Pro iact Type
c. Tresrenent Protasis
N/A I
I I
SIticse 0.3z40r,
THIS ACTION
S15,000.000
ROUGE RIVER WATERSHED
24. ASSISTANCE PROGRAM ;c7CA Prou ram Ho, 1. Title/
Or Federal 5unas
CorrtributiOn
S gte C ontrl baleen
GG. Local Comtribution
13.090,9C9
37. cecCabtion a
30
Document' porop.
Number
PWX010I 98
529,090,909
Program iObjeo:
Element !Class
N3X 141.1 1
Site/Prolec-: i Cast Obligation
(3rgariz3tion1 Deobligatior Budget ;
crganizatIoni I053CAK9
1 i
116,000.000 I
• Aatae Protect 0.Arrt
Site Name
01)
1. L 2 A 1 4 4 1 4 L
U.S. ENVIRCNMENT,:L P7C1TECT,ON 'AGENCY
- EPA ASSISTANCE AGREEMENT / AMENDMENT
P.-1.RT I ASSISTANCE. NOTIFICATION INFORMATION
la. AGREEMENT TYPE
I Gooaseratrve Agreement
I '.7rana .Auirereeere
-LamemCattee Airieetc/ONerrt
13. RECIPIENT
WAYNE COUNTY - MICHIGAN
415 CLIFFCRD
DErIROIT, MI 48225
16. PAYMENT METHOC
1 7 Advance I
I Gene Pereerat
CC.:MPTT-tICLLER ERANCH, ,%1F-10J
9. PAYEE
WANE courrY- MICHIGAN
415 CUFFCD
DETROIT, MI 48226
rx7 Ac-i-c512
I 7. TYPE CF ACTION
I CONTINUATION CONTINUATION
iR
IG
lc
IN
T
-7,1"
11. PROJECT MANAGER AND TELEPHONE NO.
JAMES E MURRAY
(313) 224-3631
la ISSUING OFFICE (CITY/ STATE)
US ENVIRONMENTAL PROTECTION AGENCY
ACCUISMON-ASSISTANCE BRANCH
US EPA, REGION 5, NIC-10J
77 W JACKSON BLVD
CHICAGO, :L 60604-3590
15. EPA CONGRESSIONAL LIAISON Si PHONE
SAREARA SRCCKS, (202) 260-56E0
TATUTORY AUTHORITY
1997 A-??.ROPRIATICNS ACT
.L. 104-294
12_ CONSULTANT tweir Conetrucaon Grant. only)
N/A
14. EPA PROJECT/ STATE OFFICER AND TEL.EPHONE NO,,
WOJCIK
WATER DIVISION
WS-15J. (312) 886-0174
••
PROJECT TITLE AND DESCRIPTION ROUGE RIVER NATIONAL WET WEATHER DEMONSTRATION
23. PROJECT LOCATION (am. nmoaciee Pm.eien
e.g....I oi.v101
MU LT IP MI I MU LT IP LE
NtA
City rPlace
27. COMMUNITY POPULATION
Wen' Cznetruction Gram= 0 ntY)
FUNDS
31. SPA Amount
unesoendai Prior Year 31.n
County
WAYNE
125. PROJECT PERIOD
• 06/01/98 - 12/31/00
29. TOTAL BUDGET PERIOD COST
529,090,909
FORMER AWARD
5;1
State
25. BUDGET PERIOD
06/01/98 -1-2/31/00
29. TOTAL PROJECT PERIOD COST
529,090,309
AMENDED TOTAL
EAA Foe,' 3740-3.-.1.1 .4 er S-40). AeOleefe Jrrn.oue -;s•ma 1700-1-4.3.0 and 0, Jr, 10.o,c10.
A1=1" Z
r:
ZZitYrANCZ. CRN .77"CATON: Y395742-14...) - A.CVED ELC.GET
1 TcTAL APPRCVn. ALLZWAEL=
eucGET ?F.F1CC CCST
l'Ae.L.5, A - C 2LA2:3 TEC.OFRY
^-2f, 5
PER:3CNNEL.
pF,INCE 3ENEFITS
J. 7RAVEL i 7-. 8 ICC
4. RCUIPMEN7 62.7CC
5. SUPPLES 26.2CC
5. C ONTRACTUAL 2,26.7C3
7, CONSTRUCTICN 18.895. CCC
3. C7HER 70.C69
9. TOTAL DIRECT CHARGES 32g..94aCCC
'. Q. ! NCIRECT COSTS: RATE 17.CC ,4 EASE 1. 4 ...-..:,a.2'..37 247.9CC
11. TOTAL (Share: Recipient 45.CC% Federal :.--........20 ''...) $29, CGC,SC 9
12. TOTAL APPROVF.D ASS . ISTANCE AMOUNT . S15, 0.00, CCC
I. TABLE 3 - PROGRAM ELEMENT CLASSIFICATION
040.1.-conmyucZael
2_
3.
5.
7.
3.
.
2. TOTAL (Share: Recipient ,.. Federal
13. TOTAL APPROVED ASSISTANCE AMOUNT
•
TABLE C - PROGRAM ELEMENT CL4S5IFIC.AT1CN -•:,-
(Canotrtactionn
1 . ADMINISTRATION EXPENSE
/ PRELIMINARY E=(PENSE
3. LAND STRUCTURES, RIGHT-OF-WAY
4. ARCHITECTURAL ENGINEERING 5ASIO FEES
5. OTHER ARCHITECTURAL ENGINEERING FEES
6. PROJECT INSPECTION FE.Es
7. LAND DEVELOPMENT
3. RELOCATION EXPENSZ
9. RELOCATION PAYMENTS 70 INDIVIDUALS AND BUSINESS
10. CE-.MCLITION AND REMOVAL
1 12. EOLIIPN1ENT
3. MISCELLANEOUS
1 4 , TOTAL (t_Ir...1•1",,17-%
15. ESTIMATED INCOME
15. NET PROJECT AMOUNT 1..n. I., n+nus 1.51
17. LESS: INELIGIE.LE. EXCLUSIONS
13. ADO: CONTINGENCIES
. TOTAL (Share: Recipient 1,.. Federai 'N.)
1
20. TOTAL APPROVED ASSISTANCE AMOUNT
7-e
7
F1S',• ZENTIF!C.A71CN: :( 3957-1Z AWAPC C;.."t,2;77CNS
- TERNIS AND CONDITONS
THIS AWARD IS IN RESPONSE TO THE RECIPIENT'S JUNE 3, 1997, APPLICATION.
1. RECYCLED PAPER
Pursuant to EPA Order 1000.',5, c..4ated January 24, 1990, the recipient agrees to use recvcie
paper for ail reports which are prepared as a part of this agreement and delivered to the
Agency. This requirement does not apply to reports which are prepared on forms suppliec..4
by EPA. This requirement applies even when the cost of recycled paper is higher than that
of virgin paper.
2. SMALL BUSINESS IN RURAL AREAS
By accepting this agreement, the recipient agrees to comply with Section 129 of Public Law
100-590, the Small Business Administraton Reauthorization and Amendment Act of 1988.
Therefore, if the recipient awards a contract under this assistance agreement, it will utilize the
following affirmative steps relative to Small. Business in Rural Areas (SBRAs):
a. Placing SBRAs on solicitation lists;
b. Ensuring that SBRAs are solicited whenever they are potential sources;
c. Dividing total requirements when economically feasible, into small tasks or
quantfties to permit meximum pardcipation by SBRAs;
d. Establishing delivery schedules, where the requirements of work will permit,
which would encourage participation by SBRAs;
e. . Using the services of the Small Business Administration and the Minority
Business Development Agency of the U.S. Department of Commerce, as •
appropriate; and
f. Requiring the contractor, if it awards subcen+.e.acts, to take the affirmative steps
in subparagraphs a. through e. of this condition.
3. FAIR SHARE
The recipient must ensure to the fullest extent possible that at least 8% (Equipment), 8%
(Supplies) and 20% (Construction) of Federal funds for prime contracts or subccntracts for
supplies, construction, equipment or services are made available to organizations owned or
controlled by socially and economically disadvantaged individuals and historically black
colleges and universities, and that at least 4% (Equipment), 4% (Supplies), and 8% -
(Construction) of suc'n funds are mace available to organizations owned or controlled by
women.
The recipient agrees, in the event of any contracting, to include in its bid documents a 8%
"(Equipment), 8% (Supplies) and 20% (Construction) MBE and 4% (Equipment), 4% (Supplies),
and 8% (Construction) WEE "Fair Share" and require all of its prime contractors to include in
their documents for subcontracts a% (Equipment), 8% (Supplies) and 20% (Construction) MBE
and 4% (Equipment), 4% (Supplies), and 8% (Construction) WBE "Fair Share" percentages.
The recipient also agrees to comply with the six affirmative steps of the "Fair Share" policy
stated in 40 CFR 30.66(b), 31.36(e) or 35.680(a), as appropriate.
EP 5700•ZIA 5-421
TERMS AND CONDITIONS
TERM AND CONDITION NUMBER 9 HA'S BEEN ADDED AS FOLLOWS:
9. Y2K COMPLIANCE
Your assistance agreement may produce electronic date-sensitive data or systems that use
such data. Any information technology purchased, produced, submitted or exchanged under
this agreement must be capable of processing data according to EPA's Data Standard for
representation of calendar dates (EPA Directive 2100, IRM Policy Manual, Chapter 5, Data
Standard). This information is located on the EPA website
(http://ww.q.epa.gov/irmpoll8/polmanichaptr05.td.html#caiendar). Information technology
acquired under this agreement should be consistent with the technical Year 2000
requirements as described in the Federal Acquisition Regulation 39.0O2. This information is
located on the official GSA website (http://www.arnet.gov/far/97-05/htm1/39.html).
ALL PREVIOUSLY CITED TERMS AND CONDITIONS REMAIN THE SAME.
2
,
fl‘'471 : •ii7“
• .kti
Fotm 37CC.;`.08 (Roy. 1144)
- .FIC) CONCIT7CNS "-EN7FIC;,-.CN: X 19572:::-.• lq•1 4 Qf 5
In the event race and/cr °ender e_ral effor.s prove to be mac -..equate to achieve a fair Share
otjective for MEEsiWEEs, tne recipient agrees to notty EPA in advance of any rice and/or
gender conscious action it plans to take to more closely achieve the fair share objective.
The State and/or recipient aor:.--,es to submit EPA Form 5700-52A ''MEEJWSE Utilization Under
Federal Grants, Cooperative Agreements, and other Fecle.ral Financial to the EPA
award cificial beginning with the Federal fiscal year quarter the recipient awards its first
contract and continuing until all contracts and subcontracts have been reported. These recorts
must be submitted to the award official within 30 days of the end of the Federal fiscal quarter
(January 30, April 30, July 30 and October 30).
4. PUBLIC ACCOMMODATION
The recipient agrees to ensure that all conference, meetind, convention 'or
training space funded in whole or in part with Federal funds, complies with the
Hotel and Motel Fire Safety Act of 1990.
5. The recipient agrees that prior to initiating any work associated with Project
Groups Three (G3) "Wetlands Restoration Projects" and Four 1G4) "Wetlands and
Recreation", the recipient shall submit, and receive USEPA approval for, further
detailed Work plans for activities associated with these project groups. The
recipient agrees that USEFA shall be provided with at least 45 days to review and
provide comments on these detailed work plans. The recipient further agrees that it
will comply with "Federal Guidance for the Establishment, Use and Operation of
Mitigation Banks" dated August 1995.
.
AzsISTANCE :DENT,FICATICN: X 995•43;14-0
PECAL CDNDITIONS
I
I
.—. I n
'
PART IV
NOTE: The Agreement Must be completed in duplicate and the Original returned to the Grants Administration Division for Headquarters
awards and to the appropriate Grants Administration Office for State and local awards within 3 calendar weeks alter receipt or
within any extension of time as may be granted by EPA.
Receipt of a written refusal or failure to return the properly executed document within the prescribed time, may resutt in the
withdrawal of the offer by the Agency. Any change to the Agreement by the recipient subsequent to the document being signed
by the EPA Award Official, which the Award Official determines to materially atter the Agreement, shall void the Agreement.
I
OFFER AND ACCEPTANCE
The United States of America, acting by and through the U.S. Environmental Protection Agency (EPA), hereby otters
assistance/amendnaent to the WAYNE COUNTY - MICHIGAN ' for 55.00 % of all approved
--RECIPIENT ORGANIZATION
costs incurred up to and not exceeding S 16,000.000 for the support of approved budget period effort described
ASSISTANCE AMOUNT
in application (Including all application modifications) cited in Item 22 of this Agreement
ROUGE RIVER NATIONAL WET WEATHER.DEMONSTRATIO , included herein by reference.
- DA c, • N
ISSUING OFFICE ior.m. Adminiatzrtion orisl I allaiallia,ROVAL OFFICE
ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS
ACOUISMON-ASSISTANCE BRANCH WATER DIVISION
US EPA, REGION 5, MC-10J US EPA, REGION 5, W-15J -
77 W JACKSON BLVD 77 W JACKSON BLVD
Page 5
THE UNITED STATES-OF AMERICA BY THE U.S ENVI
TYPED NAME AND TITLE. JO LYNN TRAUB, DIRECTOR
WATER DIVISION, REGION 5
This agreement is sCibject to app#able U.S nvironmental Protection Agency statutory provisions and assistance regulations. In
accepting this award or amendment and y payments made pursuant thereto, (1) the undersigned represents that he is duly
authorized to act on behalf of the recipient organization, and (2) the recipient agrees (a) that the award is subject to the
applicable provisions of 40 CFR Chapter I, Subchapter B and of the provisions of this agreement (Parts I thru IV), and (b) that
acceptance of any payments constitutes an agreement by the payee that the amounts, if any found by EPA to have been
overpaid will be refunded or credited in full to EPA.
SIGNATURE
BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION
TYPED NAME AND TITLE /
' W/CV-LAIr a Al-r 7-
1 a I193
Eip.:r () 7".r E 177:-.14TICPA CS
n c:‘"TA 7:---.:3 EN '/ li; CN M EiN 7A L PS'CIECT:G;.4 A GENCY
71 REC.:1"15 i .__
..7 77 WEL-7ACK:ICri -E.CIL:TJARO
IL, '41111001.111/ .r. CHICAGC, IL icet-Ja-35.90 .. -,
. 4
MC- tOJ
C
'"4". • • u. 4
• .
NI:. Butler Benton. Sr.
Director of Adminisuation
Wayne County Deparament of Environment
415 Clifford
Decoit, MI 43226
Re: \N-BEINIBE Fair Share Goals
Dear Mfr. Benton:
This letter will confirm our telephone call of June 15, 1998 regarding the correcton of the
services goals of all of Wayne County Deparanent of Environment's proposed fair share for your
assistance agreements with the United States Environmental protecnon Agency (USEPA). As
you may know, under USEPA's interim NLBEfWBE policy, these goals may also be used by local
government and no recipients in your state in lieu of conducting an independent
availability analysis. On behalf of Region 5, we thank you and your staff for their courtesy and
cooperation during this process. For FY93, the fair share goals for your assistance agreement(s)
will be :
SIF Conszuction 1 0% MEE 10% WEE
Service 20% MBE 10% WBE
Equipment 3% MBE 4% WBE
Supplies 3% E 4% WB E
Although USEPA's final NIBE/WBE policy is still under consideration, because of &_1:1
United States Supreme Court holding in Adarand v. Pen, it is possible that LISEPA state 9..-rant
recipients may be required to perform an annual availability analysis before a ga -=t can be
awarded. Similarly, the '4 7:a+:-.Final 3E/BE idanc r ,-..:cui_res all grantees to crack their
of supplie5. services. ef.-,,uinrnent and construction by demographic status of the
contractor or vendor. We realize that these requirements may place additional burdens on your
resources and we urge you to plan for them in advance. According to USEPA's Office of
General Counsel. at least part of the expense of performing an availability analysis would be an
allowable expense under USEPA' s State Revolving Fund and Superfund grants.
Rev/a/et/Recyclable • Pracea Vaceta:te CA 3asea Irers cri !C% P.x.,c!ea Pacer (2C% Pcszcarisumer)
/ Rober. 1. c-nardson •
Regional N2E/W3E Coorriator
• •
Business Utilization are direcring the revisions to the NiEBEWBE policy. I: is their intention zo ,,--
promulzare formal NIBETWBE regulations applicable to USEPA =ants. SL-ice they will affect
your USEPA rants, we suzaest that you consider cornmentin..7 on the proposed re2ulations
during, tzie rule makinz process.
If I can be of any assistance, please do not hesitate to call. Nly direct dial number is
(312.) 353-5677.
Sincerely,
USEPA's Grants Administzarion Division and OfEce of Small and Disadvantaz'eci
cc: Robert Sprinaer
Assistant Regional Administrator
Lynn Donley
Associate Regional Counsel
-I-I-HIS LETTER WAS ALSO SENT TO THE FOLLOWING PERSONS:
M. G..A.DE
G. litiGI-ES
5. HAMILTON
P. L.A.RS ON
J. NOVAK