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HomeMy WebLinkAboutResolutions - 2005.07.28 - 27862July 28, 2005 MISCELLANEOUS RESOLUTION #05136 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER — ROUND VI— OAKLAND COUNTY UPPER ROUGE RIVER STREAM BANK EROSION INVENTORY PROJECT: $18,150 GRANT APPLICATION ACCEPTANCE AND AGREEMENT APPROVAL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Drain Commissioner proposes to implement the National Pollution Discharge Elimination System General Wastewater Discharge Permit for Storm Water Discharges from Separate Storm Water Drainage Systems issued by the State of Michigan; and WHEREAS the County of Wayne through the Rouge River National Wet Weather Demonstration Project has offered technical assistance and Federal grants to government entities for addressing and improving the water quality and recreational use of the Rouge River; and WHEREAS the purpose of the grant is to provide the County and local units of government within the Upper Rouge River Sub-watershed a comprehensive assessment of stream bank erosion and alternative stabilization approaches; and WHEREAS illicit discharge elimination, public education, stream bank stabilization and sub- watershed management planning are examples of the types of activities included in the Storm Water General Permit which will assist in restoring the water quality of the Rouge River and other river systems within Oakland County; and WHEREAS Oakland County Drain Commissioner has applied for and was awarded $18,150 of Federal grant reimbursement from the County of Wayne; and WHEREAS the total project cost is $36,300 of which $18,150 is Oakland County matching funds; and WHEREAS the required County match will be charged to maintenance funds from the respective County drains and also reimbursed by participating local municipalities; and WHEREAS no additional County personnel are required, and all grant funds will go towards the Round VI — Oakland County Upper Rouge River Stream Bank Erosion Inventory Project; and WHEREAS the United States Environmental Protection Agency (USEPK) 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 USEPA 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 commitment; and WHEREAS the grant agreement has been approved through the County Executive's 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 $18,150 for the Round VI — Oakland County Upper Rouge River Stream Bank Erosion Inventory Project. BE IT FURTHER RESOLVED that the Drain Commissioner and the Chairperson of the Board of Commissioners are authorized to sign the grant agreement and to approve grant modification and extensions, within fifteen (15) percent of the original award, consistent with the grant agreement approved. BE IT FURTHER RESOLVED that Interlocal Agreements be entered into between the Drain Commissioner and the local communities prior to any work being done. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLAN 6 • ND BUILDING COMMITTEE AteA, „, _40- "44.mall 011 Planning & Building Committee Vote: Motion carried on unanimous roll call vote with Middleton, Potter and Hatchett absent JOHN P. McCULLOCH OAKLAND COUNTY DRAIN COMMISSIONER Page 1 of 1 Rev.: 08/22/01 Form DC-001 OAKLAND COUNTY DRAIN COMMISSIONER MEMORANDUM TO: Charles E. Palmer, Chairperson Planning & Building Committee FROM: Joseph P. Kozma, P.E., Deputy & Manager James A. Wineka, P.E., Environmental Unit Supervisor SUBJECT: Round VI— Oakland County Upper Rouge River Stream Bank Erosion Inventory Project: $18,150 Grant Application Acceptance and Agreement Approval DATE: July 5, 2005 Oakland County applied for and was recently awarded the subject United States Environmental Protection Agency (USEPA) grant through Wayne County for a not to exceed amount of $18,150. The purpose of this grant is to inventory the status of stream bank erosion in the Upper Rouge River Sub-watershed and make recommendations to restore identified erosion sites to minimize sedimentation, which is a significant pollutant to the Rouge River. In order to comply with the Federal grant funding requirements and objectives, the County of Oakland is required to enter into an Inter-Agency Agreement ("IAA") with the County of Wayne, and further, agreed to comply with certain administrative procedures. In addition, this grant requires a minimum 50% match in funds. This match will be entirely provided by participating Oakland County Communities and Drainage Districts within the Upper Rouge River Sub-watershed via standard Interlocal Agreements. This Grant Agreement has been approved by the Department of Management and Budget, the Department of Human Resources, Risk Management & Safety and Corporation Counsel through the County Executive's Grant Review and Acceptance Process. We are requesting that the attached resolution approving this project be placed on the Planning & Building Committee agenda for the Committee's consideration on July 12, 2005. Thank you for your assistance in this matter. Jim Wineka From: Greg Givens igivensg©co.oakland.rni.us) Sent: Thursday, June 30, 2005 3:53 PM To: Doyle, Larry; Jim Wineka; Lease, Leo Cc: Frederick, Candace; Smith, Laverne; Mitchell, Sheryl; Pardee, Mary; Hanger, Helen; Wenzel, Nancy; Johnston, Brenthy; Worthington, Pam Subject: GRANT REVIEW — Drain Commissioner's Office GRANT REVIEW - Drain Commissioner's Office GRANT NAME: Round VI - Oakland County Upper Rouge River Stream Bank Erosion Inventory Project FUNDING AGENCY: Wayne County Department of the Environment DEPARTMENT CONTACT PERSON: Jim Wineka / 8-1901 STATUS: Acceptance DATE: June 30, 2005 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the comments returned by review departments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. Department of Management and Budget: Approved.- Art Holdsworth (6/30/2005) Department of Human Resources: Approved. - Nancy Scarlet (6/24/2005) Risk Management and Safety: Approved. - Gerald Mathews (6/28/2005) Corporation Counsel: Approved on behalf of Corporation Counsel. - Mary'Mara (6/30/2005) 1 ROUGE RIVER NATIONAL WET WEATHER DEMONSTRATION PROJECT ROUGE RIVER GENERAL PERMIT PROJECTS GRANT AGREEMENT BETWEEN THE COUNTY OF WAYNE AND THE COUNTY OF OAKLAND THIS AGREEMENT AGREEMENT is entered into this VI 0 day of - , 2005, between the County of Wayne, Michigan, a body corporate and Charter Coun Cou ty") and The County of Oakland, a Michigan Public Corporation ("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, implementing the National Pollutant Discharge Elimination System (NPDES) General Wastewater Discharge Permit for Storm Water Discharges from Separate Storm Water Drainage Systems (Permit No. M1G610000) ("Storm Water General Permit") issued by The Michigan Department of Environmental Quality ("MDEQ") for the local unit will further the Grant's goal to improve water quality and recreational use of the Rouge River. WHEREAS, illicit discharge elimination, public education and subwatershed management planning and implementation are considered examples of the types of activities included the Storm Water General Permit which will assist in restoring the water quality of the Rouge River. WHEREAS, the Oakland County Upper Rouge River Stream Bank Erosion Inventory Project 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 products completed (project products are listed in Attachment "A"); and project highlights. 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. D. 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 H SCHEDULE OF WORK 2.1 The Time Frame for the project milestones completion is contained in Attachment "A". 2 ARTICLE DI 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 funds from the Rouge Project grant to partially fund the approved, allowed, and eligible costs for activities outlined in Attachment "A". The total amount to be reimbursed to the Entity shall not exceed $18,150.00. The Entity shall provide a minimum match of $18,150.00. 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 to 20 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. 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. 3 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, care of Mr. Razik Alsaigh, 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 the Entity will be soley responsible for the repayment of such funds to the County or USEPA. 4 ARTICLE VI GENERAL PROVISIONS 6.1 This Agreement is expected lobe 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 fair share goals for the Grant are identified as follows: Construction Services Equipment Supplies 20% Minority Business Enterprise (MBE) 10% Woman Business Enterprise (WBE) 20% MBE 10% WBE 8% MBE 4% WBE 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. 5 6.8 The ownership of any facilities constructed under this Agreement will 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. 6.11 The Entity warrants that it will comply with the provisions of 40 C.F.R. Part 31.36(d) relating to procurement of services as part of this grant assistance project. For construction contracts theEntity shall use bid type contracts. For consulting contracts, the Entity shall use any of the four procurement procedures in the 40 CFR 31. For most of the consulting contracts, the RFQ or RFP procurement procedure is the applicable one. The selection of the consultant can be based on the qualification or qualification and cost proposal. After selecting your consultant, submit your procurement documentation to the County. The procurement documentation should include: — Rationale for method of procurement — Copy of advertisement, where it was published and for how long. — How many proposals received? — How was company X selected (You can use pre-established criteria of qualification or cost or both). — Selection of type of contract to be used. 6.12 The Entity warrants that it will comply with the provisions of 40 C.F.R. Part 31.36 (f) relating to contract cost or price of services as part of this grant assistance project. Price/cost analysis must be performed by the Entity prior to award of any type of contract. The selected contractor must submit a cost proposal to the Entity. The cost should be broken down by task. The cost proposal should consist of the following categories: Direct labor (with backup that establish this cost (hours and personnel)) Overhead (backup to establish this rate) Other Direct Expenses (backup to establish this item) Subconsultant Subconsultant Administrative Charge (if applicable) Total Fee (Fixed for a fixed fee contract) The cost analysis consists of the Entity determining the reasonableness of the selected contractor's proposed cost, (i.e. is the allowable overhead rate used, correct pay rates for employees, accurate expense rate charges). Price analysis consists of the Entity comparing proposed prices received with other proposals submitted for this job, independent estimate from the Entity experience or cost estimate from existing master plan. Copies of price/cost analysis documentation should submitted to 6 the County. After completing the price/cost analysis, any type of the contracts indicated below can be executed: — Cost plus fixed fee contract. — Fixed price (lump Sum) contract. — Catalog price contracts, example: geoteclutical investigations with the price of the test are established in the market. — For certain contracts where the above types are not applicable, the county will allow contracts with proscribed billing rates (per diem contracts), which establishes pay rate for professional categories example: Engineer I, Engineer II, Project Engineer, Field technical Help, etc. These above types of contracts are applicable for the main contractor and the sub-contractor level also. Cost plus a percentage of cost and percentage of construction cost methods of contracting shall not be used. 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 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. 7 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. 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 This Article is left blank intentionally. ARTICLE XL INSURANCE 1 1. 1 The Entity shall purchase and/or self-insure, to the extent permissible bylaw, 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. Notwithstanding the foregoing, the Entity may fulfill the insurance requirements contained in this Article by requiring its contractors or subcontractors engaged to perform the services herein, to purchase and maintain, at a minimum, the insurance requirements contained in this Article. 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 8 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 Si 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: 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 $1 million 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 million 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 9 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 XILI 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 (P.L. 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 WI; 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),and the Michigan Handicappers Civil Rights Act (1976 P.A. 220). 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. 10 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 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 11 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 This Article is left blank intentionally. 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 and shall allow for billing of costs incurred immediately upon signing by both parties. This Agreement, unless extended by mutual written agreement, expires on December 31,2005. 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. 12 ARTICLE vc 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 Chief Engineer for Oakland County Drain Commissioner's Office. Either party may assign alternate representatives upon written notification of the other party. 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: ROBERT A. FICANO Its: Wayne County Executive COUNTY OF OAKLAND, MICHIGAN By: BILL BULLARD Its: Chairperson, Oakland County Board of Commissioner T: \ watershed \Razik \Rouge Subgrants \Funded Projects\RoundVT\RVIB Projects\RVM22 \IAA-RVIB22.wpd June 21, 2005 13 ATTACHMENT "A" Oakland County Upper Rouge River Stream Bank Erosion Inventory Project (RVIB-22 Project) 1. Project Purpose and Objectives The Rouge River Watershed is under pressure from urbanization, making it vulnerable to heavy loadings of non-point source pollutants. One such pollutant is excessive sediment. Although, sediment loading is a natural part of a river system, excessive loading can degrade fish and wildlife habitat, destroy wetlands, and reduce the recreational and aesthetic appeal of a river system. In addition, substances such as oils, salts and nutrients can enter the surface water attached to sediment particles causing eutxophication and a general decrease in water quality in tributary lakes and ponds. The purpose of this project is to identify and prioritize streambank erosion sites in the Upper Branch of the Rouge River within Oakland County and to make recommendations that will incorporate best management practices to decrease sediment loading to the River. This will be accomplished by first performing an inventory of streambanks within the Upper Rouge Subwatershed within Oakland County's participating communities. This inventory will be modeled after the completed Main 1-2 Subwatershed Streambank Inventory Project. It is anticipated that an amendment to the existing Main 1-2 Consultant's Contract will be issued to insure project consistency and realize economy of scale cost benefits. Physical data and photographs will be collected at each erosion site and based on the field data, each site will receive a severity ranking. The severity index used to prioritize sites for restoration work will be consistent with the existing Main 1-2 Project. Conceptual site drawings and cost estimates for stabilization will be developed for up to four high priority sites. To supplement conceptual drawings, data from existing flood insurance studies and the U.S. Army Corps of Engineers Hydrologic Engineering Center (HEC-2) model (or the method accepted in the previous Main 1-2 Study), will be used to determine the 10, 50, and 100-year storm river stages and flow velocities. Existing USGS flow meters will also be used for flow estimation purposes if available. A summary of field investigations, cost estimates, site drawings, and the hydrologic/hydraulic study will be included in a report similar to that prepared in the previous study. The report will be prepared in a format that can be used to apply for CMI and other funding sources to implement identified implementation projects. The completion of this project works towards the following long-term goals of the Upper Rouge Management Plan: 2. Restore and Maintain Aesthetically Appealing Conditions in the River; 3. Improve and Maintain the River Ecosystem for Fish and Wildlife; and 4. Minimize the Amount of Soil Erosion and Sedimentation occurring in the Subwatershed. This project also addresses the following short-term goals: 3.d. Improve or Create Fisheries and Wildlife Habitat; 3.j. Develop and Encourage the Implementation of BMPs for Park Lands, Golf Courses and Other Publicly Owned Lands; and 4.h. Identify Areas Along the River with Highly Eroded Banks and Evaluate Alternatives to Address Public and Private Sites Contributing Significant Amounts of Sediment to the River. Page 1 2. Task Descriptions Task 1: Streambank Inventory An inventory of the Rouge River and its tributaries will be performed for the area of Upper Subwatershed, as approved by the participating communities. The consultant will communicate with the participating communities to determine which branches and tributaries of the approximately 25 miles will be inventoried. It is anticipated that most of the miles inventoried will be in the City of Farmington Hills. The inventory sites will be located using a global positioning system, photographed and surveyed to include the following parameters: condition of the bank, apparent cause of erosion, amount of erosion, slope ratio, river conditions and soil texture (Similar to the Main 1-2 Study Report). A database and location map of all inventory sites shall be prepared, so that they are accessible using ArcView GIS software and consistent with the Main 1-2 Study. Deliverable: • Shapefile and Database file of Inventory Results, 1 CD or 1 hard copy per community Task 2: Hydraulic/Hydrologic Study An assessment of the hydraulic/hydrologic characteristics of the drainage area will be completed using existing US Army Corps of Engineers HEC-2, HEC-RAS or similar models taken from existing flood insurance studies, etc. This study includes reviewing 2, 10, 50 and 100-year storm flow velocity and river stages consistent with the methodology used in the Main 1-2 Study. USGS flow data will also be reviewed and included in this study, if available. All existing available information will be summarized for inclusion in the final report. Deliverable: • Summary Report of Findings consistent with previous study Task 3: Site Prioritization Erosion sites identified in Task 1 will be scored and ranked into minor, moderate and severe categories and consistent with the Main 1-2 Study. The severity index that will be used is the same as that used by the Main 1-2 Project, which is similar to that developed for the Northwest Michigan Streambank Erosion Inventory. This has been used extensively by river restoration committees elsewhere in Michigan as a basis to prioritize sites for restoration work. Based on the ranking, a prioritized list will be created. A prioritized list will be created for each participating community. Deliverables: • Prioritized List Page 2 T.,..nOwAliatits/lougs SmbgropLeFrnoled ProjaculltagedVilAVIII Italecu.VIMAITA RVn1121.6ac Task 4: Conceptual Drawings & Cost Estimates Costs estimates will be developed for up to four sites only. These cost estimates will consider the type of BMPs to be implemented, the size of the site, engineering design and construction oversight. In addition, conceptual site drawings will be prepared for up to four sites. The site drawings will include site characteristics and the recommended BMPs that are necessary for site stabilization. Both Conceptual Drawings and Cost Estimates will be consistent with those developed in the Main 1-2 Study. Deliverable: Conceptual designs, drawings and cost estimates up to four sites Task 5: Final Report A summary of the field inventory, the hydraulic/hydrologic study, the site prioritization, the conceptual site drawings and cost estimates will be compiled into a final report consistent with the Main 1-2 Report. Information in this report will be arranged so that it is easily accessible by each community. Deliverable: Final Report, 2 hard copies per community Task 6: OCDC Grant Administration The Oakland County Drain Commissioner's Office will provide overall grant administration services including the following: - Overall Project Contract Administration - Contract Administration with Grantee (Wayne County IAA) - Contract Administration for Consulting Services - Coordination/Administration with participating Communities Page 3 PratecuMommINTR V1B Proyeelsgi VI EtIrATTA Vi11324. Table 1: Project Schedule Quarter: Month: Year: J 1 A 2 2005 3 4 S OINID Task 1: Streambank Inventory rrask 2: Hydraulic/ Hydro. Study Task 3: Site Prioritization Task 4: Conc. Draw. & Cost Est. Task 5: Final Report Task 6: OCDC Grant Admin. 3. Project Schedule This project is scheduled to begin following the completion of the Inter-Agency Agreement between Wayne County and the Oakland County Drain Commissioner's Office. The project will be completed no later than December 31, 2005 as shown below in Table 1. 5. Project Cost Table 2: Cost Summa Est. Task Unit Cost Party Responsible for Task Number and Description Cost (Main 1-2 Bid) Task Implementation Task 1: Streambank Inventory $21,100 $878/mile Consultant Task 2: Hydraulic/Hydrologic $2,000 $82/mile Consultant Study , Task 3: Site Prioritization $2,200 $96/mile Consultant Task 4: Conceptual Drawings & $3,000 $750/site Consultant Cost Estimates _Task 5: Final Report $2,000 $75/mile Consultant Task 6: Contract Administration $6,000 Estimate OCDC Federal Grant Fundin_g $18,150 Funding Percentage =50% 6. Local Match The necessary match for this project will consist of paid consultant invoices (hard match) and OCDC labor (soft match), both being entirely funded by the participating communities and not Oakland County. Oakland County, as the grant recipient and administrator only, will be reimbursed by the participating communities for all project costs. This approach of having one agency apply for grants has been successfully implemented on several previous grants and has shown to be cost effective when compared to each individual community having to apply and administer grants independently. Page 4 Vlogran Stuff,RVID2rATTM1 R'41321.doc FISCAL NOTE (MISC. #05136) July 28, 2005 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: DRAIN COMMISSIONER - ROUND VI - OAKLAND COUNTY UPPER ROUGE RIVER STREAM BANK EROSION INVENTORY PROJECT: $18,150 GRANT APPLICATION ACCEPTANCE AND AGREEMENT APPROVAL 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. Wayne County through the Rouge River National Wet Weather Demonstration Project has offered technical assistance and Federal grants to government entities for addressing and improving the Rouge River. 2. The purpose of this grant is to enable the county and local units of government within the Upper Rouge River to assess the existing stream bank erosion status and evaluate alternative stabilization approaches. 3. Oakland County Drain Commissioner has applied for and awarded $18,150 of Federal grant reimbursement from the County of Wayne. 4. The total project cost of $36,300 of which $18,150 is Oakland County matching funds. 5. Oakland County match will be charged to the respective drain maintenance funds and will be partially reimbursed by local municipalities. 6. There will be no additional County personnel required and all grant funds will go towards the Upper Rouge River Stream Bank Erosion Inventory Project. 7. No General Funds are being requested. 8. No budget amendments are required. FINANCE COMMITTEE c- FINANCE COMMITTEE Motion carried unanimously on a roll call vote. Resolution #05136 July 28, 2005 Moved by Gregory supported by Molnar the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Woodward, Zack, Bullard. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, 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 July 28, 2005 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 28th day of July, 2005. Ruth JohnsOn, County Clerk