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HomeMy WebLinkAboutResolutions - 2007.03.08 - 28468MISCELLANEOUS RESOLUTION #07018 February 1,2007 BY: Planning & Building Committee, Sue Ann Douglas, Chairperson IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE EVERGREEN FARMINGTON SEWAGE DISPOSAL SYSTEM BLOOMFIELD TOWNSHIP FOOTING DRAIN/HOUSELEAD REHABILITATION PROJECT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS, the Charter Township of Bloomfield (the "Township") is 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 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 WHEREAS, by the terms of Act 342, the County and the Township are authorized to enter into a contract for the acquisition and construction of the Project to serve the Township and for the payment of the cost thereof by the Township in cash; 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, and the Township (the "Contract"), which Contract provides for the acquisition and construction 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 WHEREAS, this Board of Commissioners desires to proceed with the Project and the approval and execution of the Contract to acquire and construct the Project as provided in the Contract. NOW 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 acquisition and construction of the Evergreen Farmington Sewage Disposal System Bloomfield Township Footing Drain/Houselead Rehabilitation Project, 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 Township; 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 Township as hereinafter provided. PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote. 2. PLANS AND SPECIFICATIONS — ESTIMATES OF PERIOD OF USEFULNESS AND COST. The preliminary plans and specifications for the Project and the estimates of $880,000 as the cost thereof and of 30 years and upwards as the period of usefulness thereof, are on file with the Oakland County Drain Commissioner for review by this Board of Commissioners, and are hereby approved and adopted. 3. APPROVAL OF CONTRACT. The Evergreen Farmington Sewage Disposal System Bloomfield Township Footing Drain/Houselead Rehabilitation Project Contract between the County, by and through the County Drain Commissioner and the Township, 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. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. 14/c,€ P ANNING AND BUILDING COMMITT EVERGREEN FARMINGTON SEWAGE DISPOSAL SYSTEM BLOOMFIELD TOWNSHIP FOOTING DRAIN/HOUSELEAD REHABILITATION PROJECT CONTRACT THIS CONTRACT, made and entered into as of the 1 st day of November, 2006, by and between 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 and the CHARTER TOWNSHIP OF BLOOMFIELD, a charter township located in the County (hereinafter sometimes referred to as the "Township"). WIT NESSETH: 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 Township 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 Township 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 Township in cash from available funds: and WHEREAS, there is an urgent need of such sewage disposal facilities to provide sewage disposal services to the Township 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, preliminary plans for the Project and estimates of the cost and period of usefulness thereof have been prepared, all of which have been submitted to and approved by the Board of Commissioners of the County and the governing body of the Township 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: I. 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 Bloomfield Township Footing Drain/Houselead Rehabilitation Project" as the name of the Project. The Township 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 -2- other public places for the purpose and facilities of the Project and any improvements, enlargements or extensions thereof, and the Township 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 easements, 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 in the preliminary plans set forth in Exhibit A, which is hereunto attached and is made a part hereof, and which preliminary 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 the Township and if provisions required by paragraph 4 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 Township, enter into construction contracts with the lowest responsible bidder or bidders, procure from the 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 -3- Township 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 the Township 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 Township to the County in the manner hereinafter provided. 5. The Township shall pay to the County the entire cost of the Project not defrayed by grants and funds available from other sources. The Township acknowledges 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 the County is successful in obtaining a grant or partial grant for the Project, upon completion and acceptance of the Project by the Township. the Township shall comply with all terms and conditions of said grant, the grant agreement and/or applicable regulations required by the federal or state agency issuing the grant. In the event that such grants or funds are not available, the Township shall be responsible to make up any shortfall caused by the unavailability of such grants or funds. The Township shall pay the cost of the Project not defrayed by grants and funds available from other sources to the County in cash on the date or dates as specified by the County Agency. The Township hereby acknowledges that no County general funds shall be appropriated or pledged pursuant to this contract or for the Project. The -4- County's role in the Project is strictly limited to that set forth in Act 342, and the Township 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 Project, 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 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 Township agrees 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 Township shall pay, or reimburse the County for the payment 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 Township shall be entitled to all plans, specifications and other engineering data and materials. -.5- 8. After completion of the Project and the acceptance thereof by the Township, the Township shall own, operate and maintain the Project. 9. It is understood and agreed by the parties hereto that the Project is to serve the Township and not the individual property owners and users thereof, unless by special arrangement between the County Agency and the Township. The responsibility of requiring connection to and use of the System and/or providing such additional facilities as may be needed shall be that of the Township. 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 Township 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. Nothing in this contract shall relieve the Township of its 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 Township, 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 Township shall indemnify and hold harmless the County and the County -6- 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 Township or its 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 Township in the same manner as herein provided with respect to other costs of the Project. In the event of such litigation, the County Agency shall consult with the Township and shall retain legal counsel agreeable to the County and the Township to represent the County; provided that if the County and the Township 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 the Township 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. This contract shall terminate one (1) year from the date the Township accepts the completed Project, unless terminated earlier by mutual agreement of the parties hereto in writing. This contract shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. This contract may be executed in any number of counterparts. COUNTY OF OAKLAND 1111 County tvnrin Tryssioner (County Agency) By: CHARTER TOWNSHIP OF BLOOMFIELD By: Supervisor And: 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. BLOOMFIELD 9007-364 7985200 At a regular meeting of the Township Board of the Charter Township of Bloomfield, Oakland County, Michigan (the "Township"), held on the 13 th day of November, 2006. PRESENT: Trustee Barnett, Trustee Buckley, Trustee Savoie, Treasurer Devine, Supervisor Payne and Clerk Roncelli ABSENT: Trustee Stefanes The Clerk presented to the Township Board a form of contract dated as of November I, 2006, between the County of Oakland (the "County") and the Township relative to the acquisition and construction of the Evergreen Farmington Sewage Disposal System Bloomfield Township Footing Drain/Houseleaci Rehabilitation Project (the "Project"). After discussion of the contract, the following resolution was offered by Trustee Buckley and seconded by Trustee Barnett: BE IT RESOLVED: I . The Township Board hereby approves the Evergreen Farmington Sewage Disposal System Bloomfield Township Footing Drain/Houselead Rehabilitation Project Contract to be dated as of November I, 2006, between the County and the Township, in respect to the acquisition and construction of the Project. 2. The Supervisor and the Clerk are authorized and directed to execute and deliver the contract for and on behalf of the Township in such number of counterparts as may be desirable. 3. A copy of the contract presented on this date and herein approved and authorized to be executed and delivered shall be attached to the minutes of this meeting and made a part thereof and shall be placed on file with the Clerk and made available for examination by any interested person during normal business hours. YEAS: Barnett, Buckley, Devine, Payne, Rouelli, Savoie NAYS: RESOLUTION DECLARED ADOPTED. STATE OF MICHIGAN ) COUNTY OF OAKLAND ) I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the Township Board of the Charter Township of Bloomfield, Oakland County, Michigan at a regular meeting duly called and held on the 13 th day of November, 2006, the original of which resolution is on file in my office, and that notice of said meeting was given, the meeting was held and the minutes therefor were filed in accordance with the Open Meetings Act, Act No. 267, Public Acts of Michigan, 1976, as amended. Charter Township of Bloomfield BLOO1v1FIELD 9007-364 798540v1 -2- 4) Contingency (10%) Sub-Total $88,000 Evergreen Farmington Sewage Disposal System Bloomfield Township Footing Drain/ Houselead Rehabilitation Project Estimate of Probable Cost 1) Contracted Services: Lateral Lining/Footing Drain Disconnect Houselead Repairs 110 Ea @ $5,000 11 Ea $5,000 Sub-Total $550,000 $55,000 $605,000 2) Project Development Consulting Engineering: Pm & Post Metering $11,000 Design $60,150 Construction $13,000 Sub-Total $84,150 3) County Services: Administration $6,050 Engineering $18,150 Right-Of-Way including legal $18,150 Construction Inspection $60,500 Sub-Total $102,850 Estimated of Probable Cost I hereby certify the period of usefulness of these facilities to be thirty (30) years and upwards. >714..-1..-, f ) ,..-- --_. -1.---kA.-- - -7 9' , Chief Enginçier By: — Philip Sanzica, Exhibit B emtrifeamearmnii impsraikwir 1 atirramicammiwi timunk he. reirmyripporm momusim, Bloi 1111"164 le awl* iv-- --raim---- -- K•S gibb ill II.,atfiraWI.1brti Kira on Bail I:1w oign a timp fit$ s e INT ) 0 iirms ago M-. 1011116 4 ' SI - ..441 /MOH. kory -.!- :numigh Abig fkkikarskOirihija 1/ Ill "I'r-'-iiillit fr,r4A.7^74 rwa 0 III I %Id 124411444049 lig lila , itia. iti ii ,,,.„,,0,4n4* 4 11111Trallatrficn isteik11#-n 1!. , p Haigp-tolg, ‹,,s mein 9/11.11106A0Agailia %Mir .--.4111--=-1111775-;77771-%'.' - A \ 11111111111 , • rangworim 'Ula:LPAil i-AVatpVitioncesno 0#4024)111111Terdi offtiagrAlfigi TrW b4sArglelalikartimitaid PWIr7 57, Eta! _ =1 EJ EJ o ak YK I ICEESIAH311q EVERGREEN FARMING TON SEWER DISPOSAL SYSTEM FOOTING DRAIN / HOUSELEAD PROJECT BLOOMFIELD TOWNSHIP EXHIBIT "A" Resolution #07018 February 1,2007 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (M.R. #07018) March 8, 2007 BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE EVERGREEN FARMINGTON SEWAGE DISPOSAL SYSTEM BLOOMFIELD TOWNSHIP FOOTING DRAIN/HOUSELEAD REHABILITATION PROJECT 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 resolution establishes the Sewage Disposal System Footing Drain/Houselead Rehabilitation Project with the Evergreen and Farmington Sewage Disposal System and authorizes the contract for Oakland County to proceed with the Project for the Township of Bloomfield. 2. The Project can be implemented 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 Project consists of constructing urgently needed sewage disposal facilities constituting a part of the Evergreen and Farmington Sewage Disposal System to provide sewage disposal services in order to promote the public health and welfare of the residents. 4. The estimated cost of the Project is $880,000, with 30 or more years of useful life. 5. The Charter Township of Bloomfield shall pay Oakland County for the entire cost of the Project not defrayed by grants or other funds that may become available. 6. The Charter Township of Bloomfield shall pay for the cost of the Footing Drain/Houselead Rehabilitation Project in cash from available funds. 7. No County General Fund monies shall be appropriated for this Project. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Zack absent. Ruth Johnson, County Clerk • Resolution #07018 March 8, 2007 Moved by Rogers supported by Gershenson the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda, were adopted (with accompanying reports being accepted). I HEREBY APPROVi THE FOREGOING RESOLUTION ACTING PURSUANT 10 1973 PA 13? 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 March 8, 2007, 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 8th day of March, 2007.