Title
Resolution to Approve an Agreement With the Malletts Creek Drainage Board and the Malletts Creek Drain Drainage District, by and through the Office of the Washtenaw County Water Resource Commissioner, for the Lining Project for a Portion of the County Farm Park Branch of the Malletts Creek Drain ($2,727,372.00)
Memorandum
Attached for your approval is an agreement between the City of Ann Arbor and the Malletts Creek Drainage Board and the Malletts Creek Drain Drainage District by and through the Office of the Washtenaw County Water Resource Commissioner to allocate the responsibilities and costs for the lining project for a portion of the County Farm Branch of the Malletts Creek Drain, at Washtenaw Ave and Huron Parkway.
The City of Ann Arbor and the Office of the Washtenaw County Water Resource Commissioner desire to formalize an arrangement for the lining and repair of the County Farm branch and to define maintenance and cost sharing arrangements. The parties agree that completing this project is a high priority and desire to complete it as soon as possible. The estimated cost of the project is $2,727,372.00.
Malletts Creek Drain is a county drain established pursuant to Chapter 20 of the Michigan Drain Code, and as such the project costs would be assessed as follows:
MDOT 3%
City of Ann Arbor 97%
To allow this needed repair project to proceed immediately, the City desires to enter into this agreement and to be invoiced for its share of the project costs as the project proceeds rather than wait to for an assessment under Chapter 20.
The Office of the Washtenaw County Water Resource Commissioner shall invoice the City for its share of the costs of project. Staff from the City and the Office of the Water Resource Commissioner will continue to meet to assess all maintenance and capital needs of the drain.
The attached agreement establishes the responsibilities between the City and the Office of the Washtenaw County Water Resource Commissioner and outlines the obligations of ownership, and maintenance and allocates who bears the costs of the project.
Budget/Fiscal Impact: Funding for this project is available in the approved Stormwater Fund Capital Budget.
Staff
Prepared by: Jennifer Lawson, Water Quality Manager
Reviewed by: Jordan Roberts, Public Services Area Administrator
Approved by: Milton Dohoney, City Administrator
Body
Whereas, The Malletts Creek Drain (“Drain”) is a county drain established pursuant to Chapter 20 of the Michigan Drain Code;
Whereas, A portion of the County Farm Branch of the Malletts Creek Drain, at Washtenaw Ave and Huron Parkway, located entirely within the City, is in need of maintenance and infrastructure improvements;
Whereas, The Water Resources Commissioner’s Office and City agree the Project will address these needs and will mutually benefit the City and Drainage District;
Whereas, The City and Drainage District agree that completing the Project is a high priority and desire to complete it as soon as possible;
Whereas, The City acknowledges that the cost of the Project would be assessable to the City pursuant to Chapter 20 of the Drain Code;
Whereas, To enable the project to proceed and be completed as soon as possible, the City desires to enter into this agreement to reimburse the Drainage District for the costs of the project as it is completed; and
Whereas, The City and Drainage Board and Drainage District, through the Water Resources Commissioner’s Office, have reached an understanding regarding their respective responsibilities for completion of the project and the allocation, reimbursement, and payment of project costs, and desire to enter into this Agreement to memorialize their arrangement;
RESOLVED, That City Council approve the Agreement between the City of Ann Arbor and the Malletts Creek Drainage Board and the Malletts Creek Drain Drainage District, by and through the Office of the Washtenaw County Water Resource Commissioner, for the Lining Project for a Portion of the County Farm Branch of the Malletts Creek Drain;
RESOLVED, That a contingency of $275,000.00 be authorized to cover change orders should actual project costs exceed the project estimates and that the City Administrator be authorized to approve change orders for the project and its costs;
RESOLVED, That the Mayor and City Clerk be authorized and directed to execute said Agreement after approval as to substance by the City Administrator and approval as to form by the City Attorney; and
RESOLVED, That the City Administrator be authorized to take necessary administrative actions to implement this resolution.