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HomeMy WebLinkAboutResolutions - 2003.06.12 - 27177May 29, 2003 Miscellaneous Resolution # 03126 BY: PLANNING & BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE EVERGREEN FARMINGTON SEWAGE DISPOSAL SYSTEM SEGMENT III — WALNUT LAKE PUMPING STATION RECONSTRUCTION PROJECT CONTRACT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the Charter Township of Bloomfield and the Charter Township of West Bloomfield (collectively the "Municipalities") are in urgent need of sewage disposal facilities constituting a part of the Evergreen and Farmington Sewage Disposal Systems (the "System") as described in the form of the proposed contract hereinafter mentioned (sometimes referred to herein as the "Project"), in order to promote the health and welfare of the residents thereof, which sewage disposal facilities also would benefit the County and its residents, and the parties to said proposed contract have concluded that such facilities can be provided and financed most economically and efficiently by the County through the exercise of the powers conferred by Act 342, Public Acts of Michigan, 1939, as amended ("Act 342"), and especially Sections 5a, 5b and 5c thereof; and WHEREAS, by the terms of Act 342, the County and the Municipalities are authorized to enter into a contract for the acquisition, construction and financing of the Project to serve the Municipalities and for the payment of the cost thereof in part by the Charter Township of Bloomfield in cash and in part by the Charter Township of West Bloomfield, with interest, and the County is then authorized to issue its bonds in one or more series to provide the funds necessary therefor; and WHEREAS, there has been submitted to this Board of Commissioners a proposed contract between the County, by and through the County Drain Commissioner, County Agency, party of the first part, and the Municipalities, parties of the second part (the "Contract"), which Contract provides for the acquisition, construction and financing of the Project and which Contract is hereinafter set forth in full; and WHEREAS, there have also been submitted for approval and adoption by this Board of Commissioners, preliminary plans, specifications and estimates of the cost and period of usefulness of the Project; and Planning & Building Committee Vote: Motion carried on unanimous roll call vote ANNING AND 13 - -DITDING COMMITTEE WHEREAS, this Board of Commissioners desires to proceed with the Project and the approval and execution of the Contract to acquire, construct and finance the Project as provided in the Contract. THEREFORE, BE IT RESOLVED by the Board of Commissioners of Oakland County, Michigan, as follows: 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, establishment of the Project as part of the System, which shall consist of (i) the reconstruction of the Walnut Lake Pumping Station and related improvements, as specified and to be located as shown in Exhibit A to the Contract (the "Project") and (ii) the services provided thereby; that the Project as part of the System shall serve the Municipalities; 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 Municipalities as hereinafter provided. 2. PLANS AND SPECIFICATIONS - ESTIMATES OF PERIOD OF USEFULNESS AND COST. The preliminary plans and specifications for the Project and the estimates of $2,738,400 as the cost thereof and of 40 years and upwards as the period of usefulness thereof, as submitted to this Board of Commissioners, are hereby approved and adopted. 3. APPROVAL OF CONTRACT. The Evergreen Farmington Sewage Disposal System Segment III - Walnut Lake Pumping Station Reconstruction Project Contract between the County, by and through the County Drain Commissioner, party of the first part, and the Municipalities, parties of the second part, which Contract has been submitted to this Board of Commissioners, is hereby approved and adopted, and the County Drain Commissioner is hereby authorized and directed to execute and deliver the same for and on behalf of the County, in as many counterparts as may be deemed advisable. The Contract reads as follows: 4. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are rescinded. Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. EVERGREEN FARMINGTON SEWAGE DISPOSAL SYSTEM SEGMENT III — WALNUT LAKE PUMPING STATION RECONSTRUCTION PROJECT CONTRACT THIS CONTRACT, made and entered into as of the 1 st day of May, 2003, by and among the COUNTY OF OAKLAND, a county corporation in the State of Michigan (hereinafter sometimes referred to as the "County"), by and through its Drain Commissioner, County Agency, party of the first part, and the CHARTER TOWNSHIP OF BLOOMFIELD and the CHARTER TOWNSHIP OF WEST BLOOMFIELD, each a Michigan charter township located in the County (hereinafter sometimes referred to collectively as the "Municipalities" and individually as a "Municipalityparties of-the-second-part. WITNESSETH: WHEREAS, pursuant to Act No. 342, Public Acts of Michigan, 1939, as amended (hereinafter sometimes referred to as "Act 342"), the Board of Commissioners of the County, by majority vote of its members-elect, has authorized and directed that there be established a county system of sewage disposal improvements and services to serve the Municipalities and other municipalities in the County, said system to be known as the "Evergreen and Farmington Sewage Disposal Systems" (hereinafter sometimes referred to as the "System"), and has designated the Oakland County Drain Commissioner as the county agency for the System with all powers and duties with respect thereto as are provided by Act 342 (said Drain Commissioner being hereinafter sometimes referred to as the "County Agency"); and WHEREAS, under and subject to the terms of Act 342, the County is authorized, through the County Agency, to acquire and construct the sewage disposal facilities hereinafter described as constituting part of the System (the "Project"), the County and the Municipalities are authorized to enter into a contract, as hereinafter provided, for the acquisition and construction of the Project by the County, and for the payment of the cost thereof by the Municipalities in cash from available funds; and WHEREAS, there is an urgent need of such sewage disposal facilities to provide sewage disposal services to the Municipalities in order to promote the health and welfare of the residents thereof, which facilities would likewise benefit the County and its residents, and the parties hereto have concluded that such facilities can be provided and financed most economically and efficiently by the County through the exercise of the powers conferred by Act 342, and especially section 5 thereof; and WHEREAS, the consulting engineers have prepared preliminary plans for the Project and estimates of the cost and period of usefulness thereof, all of which have been submitted to and approved by the Board of Commissioners of the County and the governing body of each Municipality and placed on file with said Board of Commissioners in the office of the County Agency, said estimates being set forth in Exhibit B hereunto attached; and WHEREAS, in order to provide for the acquisition and construction of the Project by the County and for other related matters, it is necessary for the parties hereto to enter into this contract. THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE COVENANTS OF EACH OTHER, THE PARTIES HERETO AGREE as follows: 1. The parties hereto approve and agree to the acquisition, construction and financing of the Project as part of the System, as herein provided, under and pursuant to Act 342 and approve the designation of "Evergreen Farmington Sewage Disposal System Segment III — Walnut Lake Pumping Station Reconstruction Project" as the name of the Project. Each -2- Municipality by way of compliance with Section 29, Article VII, Michigan Constitution of 1963, consents and agrees to the establishment and location of the Project within its corporate boundaries and to the use by the County of its streets, highways, alleys, lands, rights-of-way or other public places for the purpose and facilities of the Project and any improvements, enlargements or extensions thereof, and each Municipality further agrees that, in order to evidence and effectuate the foregoing agreement and consent, it will execute and deliver to the County such grants of casements, rights-of-way, licenses, permits or consents as may be requested by the County. 2. The Project shall consist of the sewage disposal facilities as described and specified on Exhibit A, which is hereunto attached and is made a part hereof, and as are more particularly set forth in the preliminary plans that have been prepared and submitted by the consulting engineers, which plans are on file with the County Agency and are approved and adopted. The Project shall be acquired and constructed substantially in accordance with said preliminary plans and in accordance with final plans and specifications to be prepared and submitted by the consulting engineers, but variations therefrom that do not materially change the location, capacity or overall design of the Project, and that do not require an increase in the total estimated cost of the Project, may be permitted on the authority of the County Agency. Other variations or changes may be made if approved by the County Agency and by resolution of the governing body of each Municipality and if provisions required by paragraph 5 hereof are made for payment of any resulting increase in the total estimated cost. The estimate of the cost of the Project and the estimate of the period of usefulness thereof as set forth in Exhibit B are approved and adopted, 3. The County Agency shall proceed to take construction bids for the Project and, subject to the receipt of cash payments to be made under this contract by the Municipalities, enter into construction contracts with the lowest responsible bidder or bidders, procure from the -3- contractors all necessary and proper bonds, cause the Project to be constructed within a reasonable time, and do all other things required by this contract. The County Agency may, in its sole discretion, retain the services of a third-party engineering firm to perform contract administration of the Project, and payment for such services shall be the responsibility of the Municipalities as part of the cost of the Project as described in paragraph 5 hereof. All certificates for required payments to contractors shall be approved by the consulting engineers before presentation to the County Agency and the latter shall be entitled to rely on such approval in making payments. 4. Except as otherwise provided herein, in the event that it shall become necessary to increase the estimated cost of the Project for any reason, or if the actual cost of the Project shall exceed the estimated cost, whether as the result of variations or changes made in the approved plans or otherwise, then the County Agency shall not be obligated to pay such increased or excess cost unless the governing body of each Municipality shall have adopted a resolution approving such increase or excess and agreeing that the same (or such part thereof as is not available from other sources) shall be defrayed by increased or additional payments agreed to be made by the Municipalities to the County in the manner hereinafter provided. 5. The Municipalities shall pay to the County their respective shares of the entire cost of the Project not defrayed by grants and funds available from other sources. The Municipalities acknowledge that while the costs of the Project may be defrayed by grants or funds, the County and County Agency cannot and do not warrant or guarantee the availability of grants or funds available from other sources. In the event that such grants or funds are not available, the Municipalities shall be responsible to make up any shortfall caused by the unavailability of such grants or funds. The percentage share of the cost of the Project of the Charter Township of Bloomfield is 23% and the percentage share of such cost of the Charter Township of West Bloomfield is 77%. Each Municipality shall pay its share of the cost of the -4- Project not defrayed by grants and funds available from other sources by one or more annual or more frequent installment payments to the County in cash on the dates and in the amounts as specified by the County Agency, with the Charter Township of West Bloomfield pledging its full faith and credit for its prompt and timely payments. The Municipalities hereby acknowledge that no County general funds shall be appropriated or pledged pursuant to this contract or for the Project. The County's role in the Project is strictly limited to that set forth in Act 342, and the Municipalities shall be solely responsible for all administration and construction costs (including attorney fees and all dispute resolution costs), all costs of operation and maintenance of the •-oject, all costs and expenses relating to lawsuits as described in paragraph 12 hereof and all items of costs described in paragraph 6 hereof in the same manner and percentages as herein provided with respect to other costs of the Project. 6. The County Agency is hereby authorized, but not required, to utilize County personnel for the administration of the Project. The Municipalities agree that the Costs (as hereinafter defined) of and Overhead (as hereinafter defined) for contract administration, auditing and financial services shall be part of the cost of the Project for purposes of paragraph 5 hereof, whether such services are provided by County personnel or third parties. "Costs" shall be defined in this paragraph as the labor, including statutory and customary fringe benefits, overtime, material and supplies, power and utility services, vehicle/equipment rental and subcontractor services devoted specifically to the Project. "Overhead" shall be defined in this paragraph to include the following: all allocation of the labor cost, including statutory and customary fringe benefits, of personnel responsible for administering this contract or supervising the work performed in connection with this contract; an allocation of expenses of the County Agency; and an allocation of the indirect cost of the County charged to the County Agency for support services, such as (but not limited to) legal, personnel, accounting, computer support, and insurance/risk management. 7. If the Project is abandoned for any reason, the Municipalities shall pay, or reimburse the County for the payment of, their respective shares of all engineering and legal expenses, Costs (as defined in paragraph 6 hereof) and Overhead (as defined in paragraph 6 hereof) incurred by the County Agency in connection with the Project and the Municipalities shall be entitled to all plans, specifications and other engineering data and materials. 8. After completion of the Project the operation and maintenance of the Project as part of the System shall be in accordance with applicable agreements between the County and the I'vlunicipalities. 9. It is understood and agreed by the parties hereto that the Project is to serve the Municipalities and not the individual property owners and users thereof, unless by special arrangement between the County Agency and the Municipalities. The responsibility of requiring connection to and use of the System andJor providing such additional facilities as may be needed shall be that of the Municipalities, 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. 10. The County shall have no obligation or responsibility for providing facilities except as herein expressly provided with respect to the acquisition and construction of the Project or as otherwise provided by contract. The Municipalities shall have the authority and the responsibility to provide such other facilities and shall have the right to expand the facilities of the System by constructing or extending sewers or related facilities, connecting the same to the System, and otherwise improving the System. It is expressly agreed, nevertheless, that no such connection shall be made to the System and no improvements, enlargements or extensions thereof shall be made without first securing a permit therefor from the County. Any such permit may be made conditional upon inspection and approval of new construction by the County. It is -6- further agreed that the System shall be used for collection and conveyance of sanitary sewage only and that the Municipalities shall take all necessary action to prevent entry into the System of stolin waters and also to prevent entry of sewage or wastes of such a character as to be injurious to the System or to the public health and safety. Nothing in this contract shall relieve the Municipalities of their obligations under the Evergreen and Farmington Sewage Disposal Systems Intermunicipal Contract Concerning Wastewater Treatment and Pollution Control Projects among the County and certain municipalities in the County, including the Municipalities, dated as of September 30, 1989. 11. To the fullest extent permitted by law, and except as covered by the contractor's liability insurance, the Municipalities shall indemnify and hold harmless the County and the County Agency, and agents and employees of each of them, from and against Claims (as hereinafter defined) arising out of or resulting from design or construction work relating to the Project, excluding, however, any Claims resulting from the County's or the County Agency's sole negligence. "Claims" as used in this contract shall be defined to include any and all alleged losses, claims, complaints, demands for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, fines, litigation costs and expenses, including, but not limited to, any reimbursement for reasonable attorney fees, witness fees, court costs, investigation and/or litigation expenses, any amounts paid in settlement, and/or any other amounts, liabilities or Claim(s) of any kind whatsoever which are imposed on, incurred by, or asserted against the County and/or the County Agency by the Municipalities or their agents, or any third party or any Claim(s) for which the County and/or the County Agency may become legally and/or contractually obligated to pay or defend against, or any other liabilities of any kind whatsoever, whether direct, indirect or consequential, whether based upon any alleged violation of the constitution (federal or state), any permit, any statute, rule, regulation or the common law, whether in law or contract. 12. The parties hereto agree that the costs and expenses of any lawsuits arising directly or indirectly out of this contract or the construction or financing of the Project, to the extent that such costs and expenses are chargeable against the County or the County Agency, shall be deemed to constitute a part of the cost of the Project and shall be paid by the Municipalities in the same manner and percentages as herein provided with respect to other costs of the Project. In the event of such litigation, the County Agency shall consult with the Municipalities and shall retain legal counsel agreeable to the County and the Municipalities to represent the County; provided that if the County and the Municipalities cannot agree as to such representation within a reasonable time, the County Agency shall exercise its discretion as to the retention of such counsel. This paragraph shall not apply to a lawsuit instituted by a Municipality to enforce its rights under this contract. 13. All powers, duties and functions vested by this contract in the County shall be exercised and performed by the County Agency, for and on behalf of the County, unless otherwise provided by law or in this contract. 14. In the event that any one or more of the provisions of this contract for any reason shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof, but this contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 15. This contract shall become effective after its execution by each party hereto and the expiration of 45 days after the date of publication by the Charter Township of West Bloomfield of the notice required by Section 5b of Act 342 if the required referendum petition is not filed with the West Bloomfield Township Clerk within that time, or if such a petition is filed, until this contract is approved as provided in Section 5b of Act 342. This contract shall terminate forty (40) years from its date. This contract shall be binding upon and inure to the -8- benefit of the parties hereto and their respective successors and assigns. This contract may be executed in any number of counterparts. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed and delivered by their duly authorized officers, all as of the day and year first above written. COUNTY OF OAKLAND By: County Drain Commissioner (County Agency) CHARTER TOWNSHIP OF BLOOMFIELD By: Dave Payne, Supervisor And: Wilma S. Cotton, Clerk CHARTER TOWNSHIP OF WEST BLOOMFIELD By: David Flaisher, Supervisor And: Sharon A. Law, Clerk BLOONELLLD 9097 342 539251 CANrPortbl\SecresfnDOVREG\492025_2.DOC -9- EXHIBIT "A" EVERGREEN FARMINGTON SEWAGE DISPOSAL SYSTEM SEGMENT III- WALNUT NO, 1 PUMP STATION IMPROVEMENTS PROJECT DESCRIPTION The Evergreen Farmington Sewage Disposal System Segment III- Walnut No. 1 Pumping Station Improvements Project will consist of the planning, design and reconstruction of the Walnut Lake Pump Station No. 1. The Pumping Station is serving portions of Bloomfield and West Bloomfield Townships. This project will be planned designed and constructed concurrently with a force main/gravity sewer from the Walnut No. 1 pumping station easterly at 14 Mile Road to the Evergreen interceptor and with modifications to regulators from the existing CSO basins. This will provide an interconnection from the Farmington interceptor to the Evergreen interceptor to allow transfer of up to 14 CFS of wet weather sanitary flow. The flow transfer would virtually eliminate Sanitary Sewer Overflows at the Walnut No. 1 pumping station and at the Farmington interceptor. The proposed location of the Project is shown on Figure 1. 1 PROP() WAL.Npc, 1 PUM STATION NPR° NTS7 PAIIIININOTON HILLS 01111 10110110 mow was / VILIAOIL IINGNPAI OP MIMS FRANKLIN MARIA MISR RMINIPICARRINI 011.1.111 11.001101111) WEST HILLS 10.0011111SU) TOWNSHIP ILOONIFIELD TO%WidS41P 1.4R OK: IIIMULAM11 MAW( MM. 7 AP ;,• MOIR 111.1101114A01 ir I .84..t.1110 MillULAMIR 4101111111PICOIMPI1 an- ,A.••n•nn111. HILLS rammisumn errampow twiemussint /ISM ,01.0n1 LEGIENO: 0110,01110 "OM WIN ••nnn•• IMMO 11111PCIWVOR 0 Immo MOM maw* 0 mama outgoes stook ocbc C.se AMO 0,•4tow Estimate of Project Cost Evergreen Farmington S.D.S.-Segment 3 Walnut No. I Pump Station Improvements 1) Contracted Services: Construction Cost Pump Station Total Construction Cost 2) Engineering Consultants Design Phase Construction Phase Resident Project Representative Geotechnical Services Construction Testing Total Engineering Consultants 3) Legal & Land Costs Land Appraisals Land Acquisition Legal Costs Total Legal & Land Cost $1,825,600 $1,825,600 $100,406 $11,156 $119,988 $18,720 $18,720 $268,990 $7,500 $22,090 $12,000 $41,590 4) County Services: Administration & General $41,160 Engineering $08,000 Right-Of-Way $41,150 Construction Inspection Survey Crew $8,665 Soil Erosion Permit $1,875 Total County Services $191,460 5) Contingency ;.40,760 5) Project Cost $2,738,400 Bloomfield Township's Share (23%) $62973-3-21 West Bloomfield Township's Share (77%) $2,108,54-1 $2,738,400 Gross Project Cost I hereby certify the period of usefulness of this facility to be forty (40)1ears and upwards. BY: , / t / Prepared By:Philip Sanzica, P.E. Exhibit "Be Walnut Lake PS Rev 50603:xis Resolution #03126 May 29, 2003 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (M.R. 403126) June 12, 2003 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE EVERGREEN FARMINGTON SEWAGE DISPOSAL SYSTEM SEGMENT III - WALNUT LAKE PUMPING STATION RECONSTRUCTION PROJECT CONTRACT 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 Project will consist of the planning, design and reconstruction of the Walnut Lake Pump Station No. 1, in order to meet the need for sewage disposal facilities constituting part of the Evergreen Farmington Sewage Disposal System. 2. The Project can be financed most economically and efficiently by the County through the exercise of the powers conferred by Act 342, Public Acts of Michigan, 1939, as amended ("Act 342"). 3. The estimated cost of the project $2,738,400.00 with a useful life of 10 years. 4. The mnrinipaltipq shall pay to the County their respective shares of the entire cost of the Project not defrayed by grants or other funds that may become available. The percentage share of the cost of the Project to the Charter Township of Bloomfield is 23% and 77% to the Charter Township of West Bloomfield. No County General Funds Monies shall be appropriated to this Project. FINANCE COMMITTEE C fi FINANCE COMMITTEE Motion carried unanimously on a roll call vote. G. William Caddell, County Clerk Resolution #03126 June 12, 2003 Moved by Knollenberg supported by Zack the resolutions on the Consent Agenda, be adopted. AYES: Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Zack, Bullard, Coleman. (24) NAYS: None. (0) A sufficient majority having voted, therefore the resolutions on the Consent Agenda, were adopted. "'ON* MIER APPROVE THE FORM RESOUTTION r 6//5/f) 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 June 12, 2003, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of thvCounty of Oakland at Pontiac, Michigan this 12th day of June, 2003.