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HomeMy WebLinkAboutResolutions - 2000.05.18 - 26141MISCELLANEOUS RESOLUTION # 00111 MAY 18, 2000 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - OAKLAND COUNTY WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR ROCHESTER HILLS - EXTENSION NO. 5 - APPROVAL OF CONTRACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland (the "County") heretofore has established, constructed and acquired the Oakland County Water Supply and Sewage Disposal Systems for Avon Township pursuant to the provisions of Act No. 185, Public Acts of Michigan, 1957, as amended, and pursuant to the Contract Oakland County Water Supply and Sewage Disposal Systems for Avon Township, dated November 1, 1968; and WHEREAS the Township of Avon has been incorporated as the City of Rochester Hills (the "City") and the Oakland County Water Supply and Sewage Disposal Systems for Avon Township are now known as the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills (the "System") and it is necessary to improve, enlarge and extend the System by the acquisition and construction of the hereinafter described water supply and sewage disposal facilities; and WHEREAS by the terms of Act No. 342, Public Acts of Michigan, 1939, as amended ("Act 342") the County and the City are authorized to enter into a contract for the acquisition, improvement, enlargement or extension of the System and for the payment of the cost thereof by the City; and WHEREAS there has been submitted to this Board of Commissioners a proposed contract between the County, by and through the Drain Commissioner, County Agency, and the City, which contract provides for the acquisition, construction and financing of the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills - Extension No. 5 pursuant to Act 342, which contract is hereinafter set forth in full. NOW THEREFORE BE IT RESOLVED: 1. APPROVAL OF PROJECT AND DESIGNATION OF COUNTY AGENCY. This Board of Commissioners by majority vote of its members-elect does hereby approve, under and pursuant to Act 342, the acquisition and construction of water supply and sewage disposal facilities to serve the City as part of the System; that the project shall be designated the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills - Extension No. 5; that the Oakland County Drain Commissioner is hereby designated and appointed as the "County Agency" for the project; that the County Agency shall have all the powers and duties with respect to the project as are provided by law and especially by Act 342; and that all obligations incurred by the County Agency with respect to the project, unless otherwise authorized by this Board of Commissioners, shall be payable solely from funds derived from the City. 2. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The estimate of $7,544,440 as the cost of the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills - Extension No. 5 and the estimate of 40 years and upwards as the period of usefulness thereof, as submitted to this Board of Commissioners, be and the same are approved and adopted. Planning & Building Committee Vote: Motion carried unanimously on a roll call vote with Amos absent. 3. APPROVAL OF CONTRACT. The Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills - Extension No. 5 Contract dated as of March 1, 2000, between the County, by and through the County Drain Commissioner, and the City, which contract has been submitted to this Board of Commissioners, be and the same is approved and adopted, and the County Drain Commissioner is authorized and directed to execute and deliver the same for and on behalf of the County, in as many counterparts as may be deemed advisable, after the contract has been executed by the appropriate officials of the City. Said contract reads as follows: 4. CONFLICTING RESOLUTIONS: All resolutions and parts of resolutions insofar as they may be in conflict herewith are hereby rescinded. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. AND BL111,444Z4G COMMITTEE DETROIT 9007-1 51045 OAKLAND COUNTY WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR ROCHESTER HILLS — EXTENSION NO. 5 CONTRACT THIS CONTRACT, made as of the 1 st day of March, 2000, by and between the COUNTY OF OAKLAND, a Michigan county corporation (hereinafter referred to as the "County"), by and through its County Drain Commissioner as the County Agency (hereinafter referred to as the "County Agency"), and the CITY OF ROCHESTER HILLS, a City located in the County (hereinafter referred to as the "City"): WITNESSETH: WHEREAS, the County heretofore has established, constructed and acquired the Oakland County Water Supply and Sewage Disposal Systems for Avon Township pursuant to the provisions of Act No. 185, Public Acts of Michigan, 1957, as amended, and pursuant to the Contract Oakland County Water Supply and Sewage Disposal Systems for Avon Township, dated November 1, 1968 (the "Base Contract"); and WHEREAS, the Township of Avon has been incorporated as the City of Rochester Hills• and the Oakland County Water Supply and Sewage Disposal Systems for Avon Township are now known as the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills (the "System") and it is necessary to improve, enlarge and extend the System by the acquisition and construction of the hereinafter described water supply and sewage disposal facilities; and WHEREAS, by the terms of Act No. 342, Public Acts of Michigan, 1939, as amended ("Act 342") the County and the City are authorized to enter into a contract for the acquisition, improvement, enlargement or extension of the System and for the payment of the cost thereof by the City; and WHEREAS, it is now necessary for the public health and the welfare of the present and future residents of the City to extend, improve and enlarge the System in the City by the acquisition and construction of the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills — Extension No. 5 and to finance such acquisition and construction by payments from the City to the County of amounts to become due under this contract. NOW, THEREFORE, in consideration of the premises and the covenants of each other, the parties hereto agree as follows: 1. The County and the City hereby approve the extension, improvement and enlargement of the System by the acquisition and construction, by the County Agency under and pursuant to the provisions of Act 342, of water supply and sewage disposal facilities to serve the City. The water supply and sewage disposal facilities to be acquired and constructed are hereby designated the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills — Extension No. 5. 2. The facilities constituting the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills — Extension No. 5 and their general location within the City are shown on Exhibits "A — Phase 1" and "A — Phase 2," which are attached hereto and by this reference is made a part hereof. The Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills — Extension No. 5 is hereafter sometimes referred to as the "Project." The Project will be divided into two or more phase to be completed over a period of years. 3. The County and the City hereby approve and adopt the estimates of the cost of the Project in the amounts set forth on Exhibits "B — Phase 1" and "B — Phase 2," attached hereto and the estimate of 40 years and upwards as the period of usefulness of the Project. 4. After the execution of this contract by the County and the City, the County Agency shall take the following steps, subject to the receipt from the City of the payments as provided in paragraph 6 hereof, to-wit: (a) Order final plans and specifications for the Project from a consulting engineer to be selected by the County Agency after receipt of a recommendation from a panel consisting of representatives of the City and the County Agency. (b) Do those things necessary to obtain the approvals required for the construction of Phase 1 of the Project, obtain construction bids for Phase 1 of the Project and enter into construction contracts with the lowest responsible bidders. (c) After the execution of construction contracts, cause Phase 1 of the Project to be constructed within a reasonable time and do all other things required of it under the provisions of Act 342. 5. It is understood and agreed by the parties hereto that the Project is to serve the City and not the individual property owners and users thereof, unless by special arrangement between the County Agency and the City. The responsibility of requiring connection to and use of the facilities of the Project and of providing such additional facilities, as may be needed, shall be that of the City which shall cause to be constructed and maintained, directly or through the County, any such necessary additional facilities. The County shall not be obligated to acquire or construct any facilities other than those designated in paragraph 2 hereof. The Project is an improvement, enlargement and extension of the System and the Base Contract shall apply thereto except as the same may be specifically modified herein for specific application to the Project. The County hereby agrees that it will secure and maintain, or cause to be secured and maintained, during the period of construction adequate property damage and public liability insurance covering all facilities to be constructed pursuant to this contract. All policies of insurance shall provide that the County and the City shall be insured parties thereunder and shall contain a provision requiring that the City be notified at least ten days prior to cancellation thereof. One copy of each policy of insurance shall be filed with the City. 6. The City shall pay to the County the entire cost of the Project. The term "cost" as used herein shall be construed to include all items of cost of the type set forth on Exhibits "B — Phase 1" and "B — Phase 2" attached hereto, including all litigation costs that may be incurred by -2- the County in connection with the Project, and any other items of cost of a similar nature as may be set forth in any revision of said Exhibits "B Phase 1" and "B — Phase 2" agreed to by the parties hereto, incurred by the County in acquiring and constructing the Project. The cost of Phase 1 of the Project will be paid by the City in installments as follows: (a) The sum of $600,000 to be paid upon execution of this contract, being the estimated cost of obtaining plans, specifications, detailed estimates of cost and easements. (b) The sum of $400,000 to be paid when completed bid plans and specifications are received and accepted by the County Agency. (c) The balance of the cost of the Project (estimated now to be $6,544,440) when construction bids are received and prior to the award of construction contracts. Shown on Exhibit "C" is the schedule of installment payments to be made by the City, which schedule will be revised as detailed estimates are made and when construction bids are received. The County Agency shall notify the City, by written communication addressed to its treasurer, of the time and amount of the next payment due hereunder. The City covenants and agrees, not less than ten (10) days after receipt of such notice, to remit to the County sufficient funds to pay the amount then due. The obligations herein expressed shall be applicable to all obligations and contracts incurred or entered into by the County to construct and complete the Project, or any part thereof, whether incurred or entered into at one time or more than one time. It is assumed that the aggregate amount of all installments payments will represent the cost of the Project. If the City shall fail to make any of such payments when due, the County and the County Agency shall have no obligation to proceed further with acquisition or construction of the Project. The City shall be obligated to pay the entire cost of the Project, and the County shall never be required, for any reason, to pay any portion of the cost of the Project from its own funds. 7. At such time as the City shall determine that it is prepared to proceed with Phase 2 of the Project, the Mayor shall so notify the County Agency. Upon receipt of such notification, the County Agency shall prepare a revised Exhibit "B:- Phase 2" and an Exhibit "C — Phase 2" and shall forward copies to the Mayor of the City. If the City shall determine to proceed with Phase 2 of the Project on the basis of the Revised Exhibit "B — Phase 2" and the Exhibit "C — Phase 2" prepared by the County Agency, the Mayor shall notify the County Agency to proceed with Phase 2 of the Project and shall pay to the County Agency the amount shown in item 1 of Exhibit "C — Phase 2." The County Agency shall then proceed to take those steps with respect to Phase 2 as are set forth in paragraph 4 hereof with respect to Phase 1. 8. After completion of the Project and payment of all costs thereof, any surplus remaining from the payments received from the City and any interest earned on such payments shall be returned to it or, in the alternative, the surplus may be used at the request of the City and upon approval by the County Agency, to improve, enlarge or extend the Project. 9. If the payments received from the City are for any reason insufficient to complete the Project in accordance with the plans and specifications therefor, the County Agency shall, if necessary, submit to the City a request for payment of the additional amount due with an explanation in writing of the reasons and need therefor and of the amount necessary to provide funds to complete the Project in which event the duties and obligations of the County Agency and the City as expressed and set forth in this contract shall be applicable to such additional payment as well as the original payment, it being at all times fully recognized and agreed that the payments to be made by the City, in the manner specified in paragraphs 6 and 7 of this contract, shall be based upon the aggregate amount of the actual and final Project cost. 10. This contract is contingent upon the County actually receiving all of the payments promised by the City to defray the estimated cost of the Project. 11. The City consents to the establishment and location of the Project within its corporate limits and consents to the use of the streets, alleys and public places of the City for the location, construction, repair, replacement, maintenance and use of the water supply and sewage disposal facilities of the Project. After completion, the Project shall be used by the City as part of the System in accordance with the Base Contract. 12. This contract shall become effective upon approval by the legislative body of the City, by the County Agency, and by the Board of Commissioners of Oakland County, and duly executed by the authorized officers of the City and by the County Agency. It shall terminate upon expiration of the Base Contract, and upon termination all title, possession and ownership of the Project and of any unused or surplus funds shall automatically revert to the City. The provisions of this contract shall be in full force and effect and binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed and delivered by their respective duly authorized officers, all as of the day and year first above written. COUNTY OF OAKLAND By Its County Agency By: Its: Drain Commissioner CITY OF ROCHESTER HILLS By: Its: Mayor And: Its: Clerk DETROIT 9007-1 494903 George W. Kuhn Oakland County Drain Commissioner Oakland County Water Supply and Sewage Disposal Systems For Rochester Hills - Extension 5 Exhibit "A-Phase 1" 0 SS-7 livemois, lienken north with Hattie Fox and Cripple Creek SS-8 Avon - Dequindre and Avon Vt4est to John R AS-10 Section 4 Cripple Creek, NEI Valley, Hattie Fox SS-10 Rochester, Orion to Mead. Penydale, and Waverly Woods Sub. SW-11 Rochester, Orion to Mead, Perrydale, and Waveriy Woods Sub. SS-16 Harding Parcels without Sewer Roadedge 4 George W. Kuhn Oakland County Drain Commissioner Oakland County Water Supply and Sewage Disposal Systems For Rochester Hills - Extension 5 Exhibit "A-Phase 2" El SS-14 Section 1- Washington, Stony Creek Sub., Carter, MA Race, Wnkler MA, Mead and Dequindre 1-1 SW-17 Section 1 - Washington, Story Creek Sub., Carter, MA Race, Winkler MII, Mead and Dequindre /V Roadedge OAKLAND COUNTY WATER SUPPLY & SEWAGE DISPOSAL SYSTEM FOR ROCHESTER HILLS - EXTENSION 5 PRELIMINARY ESTIMATE OF PROJECT COST PHASE 1 CONTRACTED SERVICES - CONSTRUCTION: WS 10- Cripple Creek, Mill Valley, Hattie Fox $ 170,000.00 WS 11 - Rochester Road, Orion to Meade; Perrydale & Waverly Woods Sub'n $ 1,180,000.00 SS-7 Livernois. Tienken north w/Hattie Fox & Cripple Creek $ 1,000,000.00 SS-8 Avon - Dequindre & Avon West of John R $ 1,030,000.00 SS 10- Rochester Road, Orion to Meade; Perrydale & Waverly Woods Sub'n $ 1,500,000.00 SS - 16 Harding N & S to City Limits $ 186,000.00 Sub-Total: $5,066,000.00 CONTRACTED SERVICES - PROJECT DEVELOPMENT: Engineering Consulting Engineering $ 425,000.00 Soil Borings $ 75,000.00 Testing Consultants $ 55.000.00 Subtotal: $ 555,000.00 Legal Services I $ 15,000.00 Subtotal: I $ 15,000.00 COUNTY SERVICES: Administration $ 50,660.00 Engineering $ 253,300.00 Survey S 126,650.00 Right-of-Way $ 303,030.00 Construction Inspection $ 408,250.00 Soil Erosion $ 12.850.00 Contingency $ 753,700.00 $ 1,908,440.00 TOTAL PRELIMINARY ESTIMATE OF PROJECT COST: $7,544,440.00 I hereby certify the period of usefulness of this facility to be forty (40) years and upwards. OAKLAND COUNTY DRAIN COMMISSIONER By: /41 'J n e • sep • . Kozma, P . hid Engineer EXHIBIT "B - PHASE 1" Prepared by: BLL 4/27/2000 Exhibit B phase 1 OAKLAND COUNTY WATER SUPPLY & SEWAGE DISPOSAL SYSTEM FOR ROCHESTER HILLS - EXTENSION 5 PRELIMINARY ESTIMATE OF PROJECT COST* PHASE 2 CONTRACTED SERVICES - CONSTRUCTION: WS - 17 Washington, Stoney Creek Sub'n, Carter, Mill Race, Winkler Mill, Mead $ 4,186,000.00 SS - 14 Washington, Stoney Creek Sub'n, Carter, Mill Race, Winkler Mill, Mead $4,540,000.00 Sub-Total: $8,726,000.00 CONTRACTED SERVICES - PROJECT DEVELOPMENT: Engineering Consulting Engineering $ 623,900.00 Soil Borings $ 125,000.00 Testing Consultants $ 95,000.00 Subtotal: $ 843,900.00 Legal Services I $ 10,000.00 Subtotal: 1 $ 10,000.00 COUNTY SERVICES: Administration $ 87,260.00 Engineering $ 436,300.00 Survey $ 218,150.00 Right-of-Way $ 515,970.00 Construction Inspection $ 695,110.00 Soil Erosion $ 9,540.00 Contingency $ 1,283,330.00 $ 3,245,660.00, TOTAL PRELIMINARY ESTIMATE OF PROJECT COST: $12,825,560.00 * Estimated costs are based on January 2000 dollars. The Phase II construction is expected to commence in 2008. Phase II Project Cost Estimate will be revised prior to commencement of engineering design. I hereby certify the period of usefulness of this facility to be forty (40) years and upwards. OAKLAND COUNTY DRAIN COMMISSIONER f By: 111.0/ .. J. seph • . Kozma, PM 1 ief Engineer EXHIBIT "B - PHASE 2" Prepared by: BLL 4/27/2000 Exhibit B phase 2 OAKLAND COUNTY WATER SUPPLY AND SEWAGE DISPOSAL SYSTEM FOR ROCHESTER HILLS - EXTENSION 5 Schedule of Installment Payments Phase 1 WS 10, WS 11, SS 7, SS 8, SS 10 & SS 16 (Proposed 2001 through 2003 Construction) 1 Execution of Contract between County of Oakland and City of Rochester Hills 2 Completed Bid Plans and Specifications received and accepted by County 3 Construction Bids received and prior to award of each construction contract; the amount of the project costs relating to such contract, aggregating Total Estimated Project Cost Phase I . $ 600,000 $ 400,000 $ 6,544,440 $ 7,544,440 EXHIBIT "C - PHASE 1" 2/8/2000 / 10:06 AM Exhibit C PHASE 1 OAKLAND COUNTY WATER SUPPLY AND SEWAGE DISPOSAL SYSTEM FOR ROCHESTER HILLS — EXTENSION 5 Schedule of Installment Purchase Payments Phase 2 (WS 17 and SS 14) 1. Upon authorization to proceed from the City of Rochester Hills 2. Completed Bid Plans and Specifications received and Accepted by County 3. Construction Bids received and prior to award of each construction contract; the amount of the project costs relating to such contract, aggregating Total Estimated Project Cost Phase 2 FORM OF EXHIBIT "C — Phase 2" DETROIT 9007-1 498264 4. CONFLICTING RESOLUTIONS: All resolutions and parts of resolutions insofar as they may be in conflict herewith are hereby rescinded. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Moved by supported by the resolution be adopted. YEAS: NAYS: ABSENT: A sufficient majority having voted therefor, the resolution was adopted. DETROIT 9007-I 516545 In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 18t)19. dayMay, 2000. .- ei,g4 G. William Caddell, County Clerk Resolution #00111 May 18, 2000 Moved by Suarez supported by Law the resolutions on the Consent Agenda be adopted and reports be accepted. AYES: Appel, Causey-Mitchell, Colasanti, Coleman, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Palmer, Sever, Suarez, Taub, Amos. (20) NAYS: None. (0) A sufficient majority having voted therefor, the resolutions on the Consent Agenda were adopted and the reports were accepted. 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 May 18, 2000 with the original record thereof now remaining in my office.