HomeMy WebLinkAboutResolutions - 2007.09.20 - 9365Miscellaneous Resolution # 07203 August 30, 2007
BY: PLANNING & BUILDING COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE
EVERGREEN FARMINGTON SEWAGE DISPOSAL SYSTEM VILLAGE OF
BEVERLY HILLS FOOTING/DRAIN HOUSELEAD REHABILITATION PROJECT
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, the Village of Beverly Hills (the "Village") is in urgent need of sewage
disposal facilities and services 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 and services also would benefit
the County and its residents, and the parties to said proposed contract have concluded that such
facilities and services 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 Village are authorized to enter
into a contract for the construction and provision of the Project to serve the Village and for the
payment of the cost thereof by the Village 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 Village (the "Contract"), which Contract provides for the construction and provision of
the Project and which Contract is set forth on Exhibit A hereto; and
WHEREAS, there have also been submitted, for approval and adoption by this Board of
Commissioners, preliminary plans and specifications and an estimate of the cost of the Project;
and
WHEREAS, this Board of Commissioners desires to proceed with the Project and the
approval and execution of the Contract to construct and provide 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 construction and provision of the Evergreen Farmington Sewage Disposal System
Village of Beverly Hills Footing/Drain Houselead Rehabilitation Project, as specified and to be
located as shown in Exhibits A and B to the Contract (the "Project") and (ii) the services
provided by the facilities constituting a portion of the Project; that the Project as part of the
System shall serve the Village; 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
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried on a roll call vote with Woodward absent,
Resolution #07203 August 3G, 2007
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 Village as hereinafter provided.
2. PLANS AND SPECIFICATIONS — ESTIMATE OF COST. The preliminary
plans and specifications for the Project and the estimate of 5300,000 as the cost thereof, as
submitted to this Board of Commissioners, are hereby approved and adopted.
3. APPROVAL OF CONTRACT. The Evergreen Farmington Sewage Disposal
System Village of Beverly Hills Footing/Drain Houselead Rehabilitation Project Contract
between the County, by and through the County Drain Commissioner and the Village, 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 in substantially the form set forth on Exhibit A hereto for and on behalf of the County, in as
many counterparts as may be deemed advisable.
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.
7
OIA
PLANNING AND BUILDINC,T1OMMITTEE
The Chairperson referred the resolutior to the Finance Committee. There were no oojections.
Exhibit A
EVERGREEN FARMINGTON SEWAGE DISPOSAL SYSTEM
VILLAGE OF BEVERLY HILLS FOOTING
DRAIN/HOUSELEAD REHABILITATION PROJECT CONTRACT
THIS CONTRACT, made and entered into as of the 1st day of August, 2007, 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 VILLAGE OF BEVERLY HILLS, a home rule village located in the
County (hereinafter sometimes referred to as the "Village").
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 Village 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 Dram 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 construct the sewage disposal facilities and provide the sewage disposal
services hereinafter described as constituting part of the System (the "Project"), the County and
the Village are authorized to enter into a contract, as hereinafter provided, for the construction
and provision of the Project by the County, and for the payment of the cost thereof by the Village
in cash from available funds; and
Exhibit A
WHEREAS, there is an urgent need of such sewage disposal facilities and services to the
Village in order to promote the health and welfare of the residents thereof, which facilities and
services would likewise benefit the County and its residents, and the parties hereto have
concluded that such facilities and services 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 an estimate of the cost 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 Village and placed on file with said
Board of Commissioners in the office of the County Agency, said estimate of cost being set forth
in Exhibit B hereunto attached: and
WHEREAS, in order to provide for the construction and provision 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 construction, provision 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 Village of Beverly
Hills Footing/Drain Houselead Rehabilitation Project" as the name of the Project. The Village
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
_?_
Exhibit A
the purpose and facilities of the Project and any improvements, enlargements or extensions
thereof, and the Village 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 and services as
described and specified in the preliminary plans set forth in Exhibits A and B, which are
hereunto attached and made a part hereof, and which preliminary plans are on file with the
County Agency and are approved and adopted. The Project shall be constructed and provided
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 chances may be made if approved by the
County Agency and by resolution of the governing body of the Village 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 as set forth in Exhibit B is approved and adopted.
3. The County Agency shall proceed to take construction bids for the construction
portion of the Project and, subject to the receipt of cash payments to be made under this contract
by the Village, enter into construction contracts with the lowest responsible bidder or bidders,
procure from the contractors all necessary and proper bonds, cause the construction portion of
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 Village as part of the cost of the Project as described in
paragraph 5 hereof. All certificates for required payments to contractors shall he approved by the
-3-
Exhibit A
consulting engineers before presentation to the County Agency and the latter shall be entitled to
rely on such approval in making payments. The County shall proceed to provide the services
identified in Exhibit B as part of the Project.
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 Village 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
Village to the County in the manner hereinafter provided.
5. The Village shall pay to the County the entire cost of the Project not defrayed by
grants and funds available from other sources. The Village acknowledges that while the costs of
the Project may be defrayed by grants or funds, the County and County Agency cannot and do
not wan-ant 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 Village, the Village 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 Village shall be responsible to make up any shortfall caused by the unavailability of such
grants or funds. The Village 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 Village hereby acknowledges 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 Village shall be solely responsible for all
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Exhibit A
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 Village 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 Village 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 Village shall be entitled to all plans, specifications and other
engineering data and materials.
Exhibit A
8. After completion of the construction portion of the Project and the acceptance
thereof by the Village, the Village shall own, operate and maintain such portion of the Project.
9. It is understood and agreed by the parties hereto that the Project is to serve the
Village and not the individual property owners and users thereof, unless by special arrangement
between the County Agency and the Village. 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 Village, 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 or provide any services other than those designated in paragraph 2 hereof.
10. The County shall have no obligation or responsibility for providing facilities or
services except as herein expressly provided with respect to the construction and provision of the
Project or as otherwise provided by contract. The Village 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 Village 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 Village, 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 Village shall indemnify and hold harmless the County and the County
-6-
Exhibit A
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 Village 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, provision 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 Village 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 Village and shall retain
legal counsel agreeable to the County and the Village to represent the County; provided that if
the County and the Village 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 Village to enforce its rights under this contract.
Exhibit A
13. All powers, duties and functions vested by this contract in the County shall be
exercised and performed by the County Aszency, 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 Village accepts the completed construction
portion of the 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.
Exhibit A
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)
VILLAGE OF BEVERLY HILLS
By:
President
And:
Clerk
BLOOMFIELD 9007-373 851637v1
oc6c
DAALAND COUNT, DRAIN COMMISSIONER
Jon!' P MeckiIlost,
LEGEND
BHV Manhoies in FP Area Needing Rear 0
Evergreen-Farmington Sewage Disposal System
Footing Drain and Houselead Feasibility Study
Village of Beverly Hills
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EXHIBIT "A"
5 EiHv mannaes
0 450 900 1.800 Feet
I III [I
Sheet 035 ..711VG. 4.10,1
1) Contracted Services:
Manhole Rehabilitation $200 ea 5750.00 $150.000
Evergreen Farmington Sewage Disposal System
Village of Beverly Hills
Footing Drain/ Houselead Rehabilitation Project
Estimate of Probable Cost
Sub-Total $150,000
2) Project Development
Consulting Engineering:
a.Study Operations of Existing Pumping Stations
b.Sewer Model Development
:..Analysis of Meter Data
- $10,000
$40,000
$50.000
Sub-Total $100,000
3) County Services:
a.Administration
b.Engineering
c.Right-Of-Way including legal
d.Construction Inspection
e.Temporary Metering
$1,500
$7,500
$4,780
$7,500
$13.720
Sub-Total $35,000
4) Contingency (10%) Sub-Total $15,000
Estimated of Probable Cost 5300.000
Prepared by:
Philip Sanzica, RE. Exhibit "B"
Resolution #07203 August 30, 2007
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (M.R. #07203) September 20, 2007
BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON
IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE EVERGREEN
FARMINGTON SEWAGE DISPOSAL SYSTEM VILLAGE OF BEVERLY HILLS 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. This 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 Village of Beverly Hills.
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 $300,000, which
includes short term repairs of Manholes, studying existing
Pump Stations and analysis of Meter Data.
5. The Village of Beverly Hills shall pay Oakland County for
the entire cost of the Project not defrayed by grants or
other funds that may become available.
6. The Village of Beverly Hills 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 Woodward and
Greimel absent.
Resolution #07203 September 20, 2007
Moved by Gosselin supported by Suarez the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted.
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 resolution (with fiscal notes attached) on the amended
Consent Agenda were adopted.
I REY APPROVE_ THE FOREGOING RESOWTION
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 September
20, 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 20th day of September, 2007.
Ruth Johnson, County Clerk