BOARD OF COMMISSIONERS 1 S. Main St., 9th Floor

Mount Clemens, Michigan 48043 586.469.5125 ~ Fax: 586.469.5993 www.macombBOC.com

David J. Flynn – Board Chair Kathy Tocco – Vice Chair Steve Marino – Sergeant-At-Arms District 4 District 11 District 10

MACOMB COUNTY BOARD OF COMMISSIONERS

Andrey Duzyj – District 1 Marvin Sauger – District 2 Veronica Klinefelt – District 3 Robert Mijac - District 5 James Carabelli – District 6

Don Brown – District 7 Kathy Vosburg – District 8 Fred Miller – District 9 Bob Smith – District 12 Joe Sabatini – District 13

FINANCE COMMITTEE

WEDNESDAY, JANUARY 20, 2016, 4:30 P.M.

FINAL AGENDA

1. Call to Order 2. Pledge of Allegiance 3. Adoption of Agenda 4. Approval of Minutes dated December 10 and 16, 2015 (previously distributed) 5. Chairman’s Comments 6. Public Participation (five minutes maximum per speaker, or longer at the discretion of the Chairperson related only to issues contained on the agenda) 7. Recommendations from 1-19-16 Infrastructure/Economic Development Committee Meeting: a) Adopt Resolution to Approve Sale of Bonds under the State Revolving (attached) Fund Program for Financing Improvements to Southeast Macomb County Waste Water Disposal System/Public Works Office (offered by Carabelli and Mijac) (page 1) b) Contract with R.S. Contracting for Pavement Marking Program/ (attached) Department of Roads (page 44) 8. Fourth Quarter Depository Resolution Report/Treasurer’s Office (page 68) (attached) 9. Follow-up on 2016-2020 Capital Improvement Plan (page 74) (attached)

FINANCE COMMITTEE FINAL AGENDA JANUARY 20, 2016 PAGE 2 10. Correspondence (none) 11. New Business 12. Public Participation (five minutes maximum per speaker or longer at the discretion of the Chairperson) 13. Adjournment

MEMBERS: Miller-Chair, Brown-Vice-Chair, Carabelli, Duzyj, Flynn, Klinefelt, Mijac, Marino, Sabatini,

Sauger, Smith, Tocco and Vosburg

To: David Flynn, Board Chair

Macomb County Executive Mark A. Hackel

From: Pamela J. Lavers, Assistant County Executiveff-

Date: January 6, 2016

Mark F. Deldin Deputy County Executive

RE: Agenda Item - Public Works, $4.5 Million Bond Issue for Waste Water Improvements

Attached you will find documentation and a resolution from Chief Deputy Macomb County Public Works, William Misterovich, to approve the sale of bonds under the State Revolving Fund program in the amount of not to exceed $4.5 million for financing improvements to the Southeast Macomb County Waste Water Disposal System serving 144,000 residents of St. Clair Shores, Roseville and Eastpointe.

As communicated to the Executive Office, this is a revised request from a $3 million bond authorizing resolution approved by the Board of Commissioners in July, 2015. Those bonds were not sold last year due to the receipt of unsatisfactory construction bids and the subsequent revision of engineering plans.

The Executive Office respectfully submits this agenda item for the Commission's consideration and recommends approval of the $4.5 million bond issue for Waste Water improvements as stated above.

PJL/smf

cc: Anthony Marrocco William Misterovich Stephen Smigiel

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MACOMB COUNTY, MICHIGAN

rdil-'!II! .. ,·.~"''·'·M~"'•·g~~~~t~~:,...., RESOLUTION

Resolution to:

Approve the sale of bonds under the State Revolving Fund program in the amount of not to exceed $4.5 million for financing improvements to the Southeast Macomb County Waste Water Disposal System serving 144,000 residents of St. Clair Shores, Roseville and Eastpointe. The bond resolution provides for the issuance of bonds, pledges the County's full faith and credit as secondary security for payment of debt service, approves the publication of a notice of intent to sell the bonds and approves other actions relating to the bond sale as recommended by bond counsel.

Additional Background Information {If Needed):

The Southeast Macomb County Waste Water Disposal System was constructed by the Macomb County Public Works Commissioner's Office in the 1970s and 1980s. It consisted of multiple contracts totaling some $34 million involving new construction and improvement of existing pump stations, retention basins, treatment facilities, sanitary sewers and storm drains. A engineering study was performed last year on the condition of the facilities, which recommended structural improvements to three components: the Northeast Relief Sewer, Violet Pump Station and Bon Heur Pump Station at a cost not to exceed $3 million. A construction contract will be publicly advertised and competitively bid through a sealed bid process.

Committee Meeting Date

Infrastructure Committee

Finance Committee 01/14/2016

Full Board 01/14/2016

1-19-16

1-20-16

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January 5, 2016 Date

· Office of County Executive County of Macomb One South Main, gth Floor Mount Clemens, Ml 48043

Anthony V. Marrocco Public Works Commissioner

Macomb County

Office of Macomb County Public Works Commissioner REQUEST APPROVAL/ ADOPTION OF

Resolution approving $4.5 Million Bond Issue for Wastewater Improvements

Southeast Macomb County Waste Water Disposal System

••111$ 8'~qoJxgt(l0gf'.I,@·~o\TiHA1I'TI-:I~ E*~CU:t!M~··s·t.f~~~T~[Q..T-fi$·~:9;1\Rt>:~··••.••·.·•···. ······".· . A Resolution to: provide for the issuance of Revenue Bonds in the amount of not to exceed $4.5 Million, pledge the Full Faith and Credit of Macomb County for payment of debt service, publish a Notice of Intent to Issue the Bonds and take other actions relating to the sale of bonds for financing improvements to the Southeast Macomb County Waste Water Disposal System serving the cities of St. Clair Shores, Roseville and Eastpointe.

\.RW'ij;g~~§10iiJl~§']:··· Certain elements of the Southeast Macomb County Waste Water Disposal System, constructed in the 1970s, require repair and rehabilitation: the Violet Pump Station and Bon Heur Pump Station. These elements are critical components of the wastewater system serving southeast Macomb County and have been identified in an engineering study as being in need of structural improveme11ts and repairs to extend their design life.

There will be no fiscal impact to Macomb County as debt service will be paid by local ratepayers of St. Clair Shores, Roseville and Eastpointe. ·

OFFICE LOCATION: 21777 Dunham Road, Clinton Township, Ml48036 e Phone: 586-469-5325 8 Fax: 586-469-5933 MAILING ADDRESS: P.O. Box 806, Mount Clemens, Ml 48046-0806

ENGINEERING: e Phone: 586-469-5910 e Fax: 586-469-7693 SOIL EROSION: • Phone: 586-469-5327 111 Fax: 586-307-8264

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Resolution approving $4.5 Million Bond Issue for Wastewater Improvements

Office of Macomb County Public Works Commissioner

The Southeast Macomb County Waste Water Disposal System is organized under the County Public Improvement Act, Act 342 of Public Acts of 1939, as amended; Michigan Compiled Laws 46.171, et seq., pursuant to Resolution adopted by the Macomb County Board of Commissioners on April27, 1978. The Southeast Macomb County Waste Water Disposal System is financed by sewer system ratepayers and is not subsidized by county general fund revenues.

A construction contract will be awarded to the low responsible bidder in a publicly advertised, sealed bid, competitively bid, contract procurement process.

None, as the Southeast Macomb County Waste Water Disposal System operates independently from Macomb County government. .

Respectfully submitted,

Signature

William Misterovich, Chief Deputy Office of Macomb County Public Works Commissioner

21Page

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REVISED

RESOLUTION NO. 16-__

A RESOLUTION TO PROVIDE FOR THE ISSUANCE AND SALE OF REVENUE BONDS RELATING TO THE SOUTHEAST MACOMB COUNTY WASTE WATER DISPOSAL SYSTEM AND TO PRESCRIBE THE FORM OF THE REVENUE BONDS; TO PLEDGE THE FULL FAITH AND CREDIT OF MACOMB COUNTY WITH RESPECT TO THE PAYMENT OF PRINCIPAL OF AND INTEREST ON THE REVENUE BONDS; TO PROVIDE FOR THE COLLECTION OF REVENUES FROM THE DISTRICT SUFFICIENT FOR THE PURPOSE OF PAYING THE COSTS OF OPERATION AND MAINTENANCE OF THE SYSTEM AND TO PAY THE PRINCIPAL OF AND INTEREST ON THE REVENUE BONDS; TO PROVIDE FOR THE SEGREGATION AND DISTRIBUTION OF THE REVENUES; TO PROVIDE FOR THE RIGHTS OF THE HOLDERS OF THE REVENUE BONDS; TO AUTHORIZE THE PUBLICATION OF A NOTICE OF INTENT: AND TO PROVIDE FOR OTHER MATTERS RELATING TO THE SYSTEM AND THE REVENUE BONDS.

WHEREAS, on March 27, 1978, the Macomb County Board of Commissioners by

Resolution 1396 established the Southeast Macomb County Waste Water Disposal System (the

“System”) pursuant to Public Act 342 of 1939, MCL 46.171 et seq. (“Act 342”); and

WHEREAS, the area served by the System encompasses portions of the Cities of

Eastpointe, Roseville and St. Clair Shores (the “District”)

WHEREAS, the performance of the projects relating to the System described in the

attached Appendix A (“Project”) is necessary to protect and preserve the public health; and

WHEREAS, the County of Macomb, State of Michigan (the “County”) desires to issue

one or more series of Bonds (as defined herein) pursuant to Section 7 of Act 342 and under the

provisions of Public Act 94 of 1933, MCL 141.101 et seq. (“Act 94”); to finance the costs of the

Project in anticipation of the collection of revenues from the District, and to pledge the full faith

and credit of the County for the prompt payment of the principal thereof and the interest thereon;

and

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WHEREAS, Bonds will be sold to the Michigan Finance Authority (the “Authority”)

under the State Revolving Fund Program (“SRF”) to the extent the costs of the Project are

eligible under the SRF; and

WHEREAS, a Notice of Intent to Issue Bonds must be published at least 45 days before

the issuance of any of the Series 2016 Revenue Bonds in order to comply with the requirements

of Section 33 of Act 94; and

WHEREAS, on July 14, 2015, this Board of Commissioners passed Resolution 15-162

(the “Prior Resolution”) to authorize the issuance of Bonds for the Project in an amount not to

exceed Three Million Dollars ($3,000,000), a pledge of the County’s full faith and credit and the

publication of a Notice of Intent with respect to the issuance of Bonds in such amount; and

WHEREAS, the Bonds authorized in the Prior Resolution have not been issued; and

WHEREAS, it is now expected that the financing of the costs of the Project will require

the issuance of Bonds in an amount not to exceed Four Million and Five Hundred Thousand

Dollars ($4,500,000), and this Resolution would authorize the issuance of Bonds and the pledge

of the County’s full faith and credit in such amount and the publication of a revised Notice of

Intent;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS

OF THE COUNTY OF MACOMB, MICHIGAN AS FOLLOWS:

1. Definitions. Whenever used in this Resolution, except when otherwise indicated by the

context, the following terms shall have the following meanings:

a. “Act 94” means Act 94, Public Acts of Michigan, 1933, as amended.

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b. “Additional Bonds” means any additional bonds of equal standing with the

Bonds.

c. The term “Authority” shall have the meaning set forth in the preamble.

d. “Bond Reserve Account” means the account established in the Redemption Fund

pursuant to Section 14(d) of this Resolution.

e. “Bonds” mean the Series 2016 Revenue Bonds, and any Additional Bonds

hereafter issued.

f. “Construction Fund” means the Southeast Macomb County Waste Water Disposal

System Construction Fund established pursuant to Section 17 of this Resolution.

g. “County Agency” means the Macomb County Public Works Commissioner as the

designated “county agency” with respect to the System pursuant to Act 342, or his deputy

or designee.

h. “County Executive” means the person holding the office of County Executive

pursuant to the Home Rule Charter of Macomb County, Michigan, or his designee.

i. The term “District” shall have the meaning set forth in the preamble.

j. “Finance Director” means the Finance Director of the County or his designee.

k. “Issuer” or “County” means the County of Macomb, State of Michigan.

l. “Junior Lien Bonds” means bonds or other obligations which may be issued or

incurred by the Issuer to provide funds for any lawful purpose of the System which are of

junior standing and priority of lien with respect to the Net Revenues to the claim of the

Bonds.

m. “Mandatory Redemption Requirements” means the mandatory prior redemption

requirements for Bonds that are term Bonds, if any, as specified in the Purchase Contract

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or in any subsequent resolution or successful bid in connection with the issuance of

Additional Bonds.

n. “Operation and Maintenance Fund” means the fund established pursuant to

Section 14(b) of this Resolution.

o. The term “Prior Resolution” shall have the meaning set forth in the preamble.

p. The term “Project” shall have the meaning set forth in the preamble.

q. The term “Purchase Contract” shall mean the Purchase Contract between the

Authority and the Issuer for the sale of the Series 2016 Revenue Bonds to the Authority.

r. “Receiving Fund” means the Southeast Macomb County Waste Water Disposal

System Receiving Fund established pursuant to Section 14(a) of this Resolution.

s. “Redemption Fund” means the Bond and Interest Redemption Fund established

pursuant to Section 14(c) of this Resolution.

t. “Replacement Fund” means the Replacement and Improvement Fund established

pursuant to Section 14(f) of this Resolution.

u. “Reserve Amount” has the meaning set forth in Section 14(d) of this Resolution.

v. “Revenues” and “Net Revenues” mean the revenues and net revenues of the

System and shall be construed as defined in Section 3 of Act 94, including with respect to

“Revenues,” the earnings derived from the investment of moneys in the various funds and

accounts established by this Resolution, and including with respect to Net Revenues the

net revenues of the System derived by reason of future improvements, enlargements,

extensions, or repairs to the improvements, and payments made to the Issuer by any other

governmental entity pursuant to another law of the State of Michigan or the United States

for payment of principal and interest on the Bonds, even though the payments are made

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from or include grants or other funds provided by the State of Michigan or the United

States or the proceeds of taxes levied on taxable property as provided by law.

w. “Series 2016 Revenue Bonds” means the Southeast Macomb County Waste Water

Disposal System Revenue Bonds, Series 2016 of the Issuer authorized by this Resolution.

x. The term “SRF” shall have the meaning set forth in the preamble.

y. “Sufficient Government Obligations” means direct obligations of the United

States of America or obligations the principal and interest on which is fully guaranteed by

the United States of America, not redeemable at the option of the issuer, the principal and

interest payments upon which, without reinvestment of the interest, come due at such

times and in such amounts as to be fully sufficient to pay the interest as it comes due on

the Bonds and the principal and redemption premium, if any, on the Bonds as it comes

due whether on the stated maturity date or upon earlier redemption. Securities

representing such obligations shall be placed in trust with a bank or trust company, and if

any of the Bonds are to be called for redemption prior to maturity, irrevocable

instructions to call the Bonds for redemption shall be given to the paying agent.

z. The term “System” means the Southeast Macomb County Waste Water Disposal

System, including all sewers, instrumentalities, facilities and properties used or useful in

connection with the collection and disposal of sewage, as the same now exists, and all

enlargements, extensions, repairs and improvements thereto hereafter made.

2. Necessity; Public Purpose. It is hereby determined to be a necessary public purpose of the

Issuer to issue the Series 2016 Revenue Bonds in order to provide funds to finance the costs of

the Project. The Issuer estimates that the cost of the Project shall be Three Million and Six

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Hundred Thousand Dollars ($3,600,000) and that the period of usefulness of the Project will be

not less than 25 years.

3. Payment of Cost; Bonds Authorized.

a. To pay the costs associated with the Project, including all engineering, legal,

accounting, financial and other expenses incident thereto and incident to the issuance and

sale of the Series 2016 Revenue Bonds, the Issuer shall borrow the sum of not to exceed

Four Million and Five Hundred Thousand Dollars ($4,500,000), as finally determined in

the Purchase Contract and issue the Series 2016 Revenue Bonds therefor pursuant to the

provisions of Act 94. The remaining costs, if any, of the Project shall be paid from any

other lawful source.

b. The Series 2016 Revenue Bonds shall be sold through the SRF of the Authority

and not at a competitive sale. The sale through the SRF of the Authority is hereby

determined to be in the best interest of the County because of the nature of the financing

and the cost savings and efficiencies expected to be achieved.

4. Bond Details, Registration and Execution.

a. The Series 2016 Revenue Bonds hereby authorized shall be designated COUNTY

OF MACOMB, STATE OF MICHIGAN, SOUTHEAST MACOMB COUNTY WASTE

WATER DISPOSAL SYSTEM REVENUE BONDS, SERIES 2016, and the principal of

and interest thereon shall be payable in the first instance out of the Net Revenues, as set

forth more fully herein.

b. The Series 2016 Revenue Bonds shall be dated as of the date of delivery or such

other date as the Authority shall require and principal shall be payable annually in the

amounts and at the times as required by the Authority. The Series 2016 Revenue Bonds

shall have such other terms and conditions as the required by the Authority, as evidenced

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by execution of the Purchase Contract. Except as otherwise provided in the Purchase

Contract, the Series 2016 Revenue Bonds shall consist of one (1) single fully-registered

Bond in a single denomination.

c. Subject to the provisions of this Resolution, the County Executive and the County

Agency are hereby authorized to approve the principal and interest payment dates,

discount (if any), premium (if any), interest rates for and principal amount of the Series

2016 Revenue Bonds, date of issuance, the place of delivery and payment, and all other

matters and procedures necessary to complete the transactions authorized by this

Resolution and the issuance of the Series 2016 Revenue Bonds, as evidenced by their

execution of Purchase Contract for the Series 2016 Revenue Bonds; provided that (i) the

interest rate may not exceed six per cent per annum; (ii) the first principal installment

date or mandatory redemption date shall be not later than 5 years following the delivery

of the Series 2016 Revenue Bonds, and some principal amount shall mature or be subject

to mandatory redemption in each subsequent year of the term of the Series 2016 Revenue

Bonds; (iii) the last annual principal installment of the Series 2016 Revenue Bonds shall

not be longer than the estimated period of usefulness of the Project, or 40 years from the

dated date of the Series 2016 Revenue Bonds, if less; and (iv) the first interest installment

shall be payable not later than 10 months following the delivery of the Series 2016

Revenue Bonds.

d. The Series 2016 Revenue Bonds may be subject to redemption prior to maturity

by the County only with the prior written consent of the Authority (or other registered

owners of the Series 2016 Revenue Bonds) and on such terms as may be required by the

Authority (or other registered owners of the Series 2016 Revenue Bonds). The County

Agency is authorized to approve the redemption provisions for the Series 2016 Revenue

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Bonds. In case less than the full amount of an outstanding Bond is called for redemption,

the Issuer, upon presentation of the Bond called for redemption, shall register and deliver

to the registered owner of record a new Bond in the principal amount of the portion of the

original Bond not called for redemption of the same tenor.

e. The Series 2016 Revenue Bonds shall contain such provisions as are required by

the Authority.

f. The County Executive is hereby authorized and directed to execute the Series

2016 Revenue Bonds by means of his manual or facsimile signature when issued and sold

for and on behalf of the Issuer. No transfer agent shall be required with respect to the

Series 2016 Revenue Bonds except as otherwise provided in this Resolution and the

Series 2016 Revenue Bonds shall not be required to be authenticated. The Series 2016

Revenue Bonds shall be delivered to the Authority in accordance with the Purchase

Contract.

5. Registration and Transfer.

a. The Issuer or its designee shall maintain and keep registration books for the Series

2016 Revenue Bonds on behalf of the Issuer.

b. If the Authority transfers all or any portion of the Series 2016 Revenue Bonds, the

Issuer shall, as directed by the Authority, take all steps necessary to effectuate such

transfer, including, if requested by the Authority, converting the Series 2016 Revenue

Bonds to registered bonds of any applicable denomination requested by the Authority. In

connection with such transfer, the Issuer is authorized to engage a bank or trust company,

which the Issuer may change from time to time, as registrar and transfer agent for such

Series 2016 Revenue Bond(s) and otherwise take all actions necessary in connection with

replacement of such 2016 Revenue Bond. If the Authority transfers a Bond, except as

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otherwise directed by the Authority, interest shall be paid by check or draft mailed by the

transfer agent selected from time to time by the Issuer to the person or entity who or

which is, as of the 15th day of the month preceding the interest payment date, the

registered owner of the Bond at the registered address as shown on the registration books

maintained by the transfer agent. The date of determination of registered owner for

purposes of payment of interest as provided in this Section may be changed by the

County Agency to conform to market practice in the future. If the Authority transfers a

Bond, except as otherwise directed by the Authority, the principal of the Bond shall be

payable upon presentation and surrender of the Bond at the bank or trust company

designated by the Issuer as registrar and transfer agent for the Bond. Any Bond not

registered in the name of the Authority may be transferred upon the books required to be

kept pursuant to this section by the person in whose name it is registered, in person or by

his duly authorized attorney, upon surrender of the Bond for cancellation, accompanied

by delivery of a duly executed written instrument of transfer in a form approved by the

transfer agent. Whenever any Bond or Bonds not registered in the name of the Authority

shall be surrendered for transfer, the Issuer shall execute and the transfer agent shall

authenticate and deliver in the name of the transferee or transferees a new Bond or

Bonds, bearing the same interest rate and maturity date and for like aggregate principal

amount as the surrendered Bond or Bonds. The transfer agent shall require the payment

by the bondholder requesting the transfer of any tax or other governmental charge

required to be paid with respect to the transfer.

c. If any Bond shall become mutilated, the Issuer, at the expense of the holder of the

Bond, shall execute, and the transfer agent shall authenticate and deliver, a new Bond of

like tenor in exchange and substitution for the mutilated Bond, upon surrender to the

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transfer agent of the mutilated Bond. If any Bond issued under this Resolution shall be

lost, destroyed or stolen, evidence of the loss, destruction or theft may be submitted to the

transfer agent and, if this evidence is satisfactory to both and indemnity satisfactory to the

transfer agent shall be given, and if all requirements of any applicable law including Act

354, Public Acts of Michigan, 1972, as amended (“Act 354”), being Sections 129.131 to

129.135, inclusive, of the Michigan Compiled Laws have been met, the Issuer, at the

expense of the owner, shall execute, and the transfer agent shall thereupon authenticate

and deliver, a new Bond of like tenor and bearing the statement required by Act 354, or

any applicable law hereafter enacted, in lieu of and in substitution for the Bond so lost,

destroyed or stolen. If any such Bond shall have matured or shall be about to mature,

instead of issuing a substitute Bond the transfer agent may pay the same without

surrender thereof.

6. Primary Security for Bonds. The Series 2016 Revenue Bonds and the interest thereon

shall be payable primarily from the Net Revenues, and to secure such payment, there is hereby

created a statutory lien upon the whole of the Net Revenues which shall be a first lien to continue

until payment in full of the principal of and interest on all Bonds payable from the Net Revenues,

or, until sufficient cash or Sufficient Government Obligations have been deposited in trust for

payment in full of all Bonds of a series then outstanding, principal and interest on such Bonds to

maturity, or, if called for redemption, to the date fixed for redemption together with the amount

of the redemption premium, if any. Upon deposit of cash or Sufficient Government Obligations,

as provided in the previous sentence, the statutory lien shall be terminated with respect to that

series of Bonds, the holders of that series, shall have no further rights under this Resolution

except for payment from the deposited funds, and the Bonds of that series shall no longer be

considered to be outstanding under this Resolution.

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7. Secondary Security for Bonds. Pursuant to Section 7 of Act 342 and Section 7 of Act 94,

the Issuer hereby pledges its full faith and credit for payment of the principal of and interest on

the Series 2016 Revenue Bonds, and in the event of the insufficiency of the revenues therefor,

the Issuer shall pay the amount of the insufficiency from its general fund or levy taxes therefor to

the extent permitted by applicable law, and in addition to any other taxes it may be authorized to

levy, but not in an amount or rate in excess of that necessary to make up the insufficiency. If it

becomes necessary for the Issuer to so advance such moneys, it shall have such right or rights of

reimbursement and any and all remedies therefor as provided by Section 7 of Act 94 and other

applicable law.

8. Bondholders’ Rights; Receiver. The holder or holders of the Bonds representing in the

aggregate not less than twenty percent (20%) of the entire principal amount thereof then

outstanding, may, by suit, action, mandamus or other proceedings, protect and enforce the

statutory lien upon the Net Revenues of the System, and may, by suit, action, mandamus or other

proceedings, enforce and compel performance of all duties of the officers of the Issuer, including

the fixing of sufficient rates, the collection of Revenues, the proper segregation of the Revenues

of the System and the proper application thereof. The statutory lien upon the Net Revenues,

however, shall not be construed as to compel the sale of the System or any part thereof.

If there is a default in the payment of the principal of or interest on the Bonds, any court

having jurisdiction in any proper action may appoint a receiver to administer and operate the

System on behalf of the Issuer and under the direction of the court, and by and with the approval

of the court, to fix rates and charges and collect revenues sufficient to provide for the payment of

the Bonds, and to perform all of the duties of the officers of the Issuer, as more particularly set

forth herein and in Section 10 of Act 94.

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The holder or holders of the Bonds shall have all other rights and remedies given by Act

94 and law, for the payment and enforcement of the Bonds and the security therefor.

9. Management; Fiscal Year. The County Agency shall have all of the powers and duties

provided by Act 342 and any other applicable law with respect to the System. The fiscal year for

the System shall end on September 30. The County Agency may employ such person or persons

in such capacity or capacities as it deems advisable to carry on the efficient management and

operation of the System. The County Agency may make such rules and regulations as it deems

advisable and necessary to assure the efficient management and operation of the System.

10. Rates and Charges. The rates and charges for service furnished by and the use of the

System and the methods of collection and enforcement of the collection of the rates shall be

those in effect on date even herewith, as the same may be modified by the County Agency from

time to time.

11. No Free Service or Use. No free service or use of the System, or service or use of the

System at less than the reasonable cost and value thereof, shall be furnished by the System to any

person, firm or corporation, public or private, or to any public agency or instrumentality,

including the Issuer.

12. Fixing and Revising Rates. The rates presently in effect with respect to the System are

estimated to be sufficient to provide for the payment of the expenses of administration and

operation and such expenses for maintenance of the System as are necessary to preserve the

System in good repair and working order, to provide for the payment of the principal of and

interest on the Bonds as the same become due and payable, and the maintenance of any reserve

therefor and to provide for all other obligations, expenditures and funds for the System required

by law, and this Resolution. The rates shall be reviewed not less than once a year and shall be

fixed and revised from time to time as may be necessary to produce these amounts, and it is

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hereby covenanted and agreed to fix and maintain rates for services furnished by the System at

all times sufficient to provide for the foregoing.

13. Additional Covenants. The Issuer covenants and agrees with the holders of the Bonds

that so long as any of the Bonds remain outstanding and unpaid as to either principal or interest:

a. The Issuer will maintain the facilities and improvements of the System in good

repair and working order and will faithfully and punctually perform all duties with

reference to the System required by the Constitution and laws of the State of Michigan,

the Issuer’s Charter and this Resolution.

b. The Issuer shall install, maintain, and keep proper books of record and account,

separate from other records and accounts of the Issuer, in which full and correct entries

shall be made of all dealings or transactions of or in relation to the properties, business,

and affairs of the System.

c. The Issuer will not sell, lease or dispose of the System, or any substantial part,

until all of the Bonds have been paid in full, both as to principal and interest, or provision

made thereof as herein provided. The Issuer will not do or suffer to be done any act

which would affect the System in such a way as to have a material adverse effect on the

security for the Bonds.

d. The Issuer will cause the Project to be acquired and accomplished promptly and

in accordance with the plans and specifications therefor.

14. Funds and Accounts relating to Revenues; Flow of Funds.

a. Receiving Fund: Commencing no later than the date of the issuance of the Series

2016 Revenue Bonds, funds belonging to the System shall be transferred as herein

indicated and all Revenues of the System shall be set aside as collected and credited to a

fund to be designated Southeast Macomb County Waste Water Disposal System

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Receiving Fund (the “Receiving Fund”). In addition, by such date, all Revenues in any

accounts of the System shall be transferred to the Receiving Fund and credited to the

funds and accounts as provided in this section. The Revenues credited to the Receiving

Fund are pledged for the purpose of the following funds and shall be transferred or

debited from the Receiving Fund periodically in the manner and at the times and in the

order of priority hereinafter specified.

b. Operation and Maintenance Fund: Out of the Revenues credited to the Receiving

Fund there shall be first set aside in, or credited to, a fund designated Operation and

Maintenance Fund (the “Operation and Maintenance Fund”), monthly a sum sufficient to

provide for the payment of the next month’s expenses of administration and operation of

the System and such current expenses for the maintenance thereof as may be necessary to

preserve the same in good repair and working order. A budget, showing in detail the

estimated costs of administration, operation and maintenance of the System for the next

ensuing operating year, shall be prepared by the County Agency at least 30 days prior to

the commencement of each ensuing operating year. No payments shall be made to the

Issuer from moneys credited to the Operation and Maintenance Fund except for services

directly rendered to the System by the Issuer or its personnel.

c. Bond and Interest Redemption Fund: There shall be established and maintained a

separate depositary fund designated Bond and Interest Redemption Fund (the

“Redemption Fund”), the moneys on deposit therein from time to time to be used solely

for the purpose of paying the principal of, redemption premiums (if any) and interest on

the Bonds. The moneys in the Redemption Fund (including the Bond Reserve Account)

shall be kept on deposit with the bank or trust company, if any, where the principal of and

interest on the Bonds, or any series thereof, are payable. Out of the Revenues remaining

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in the Receiving Fund, after provision for the Operation and Maintenance Fund, there

shall be set aside each month commencing the first month after the issuance of the Series

2016 Revenue Bonds in the Redemption Fund an amount equal to the pro rata amount of

the interest coming due on the Bonds on the first interest payment date, less any amount

on deposit in the Redemption Fund. Commencing on the first interest payment date, the

amount set aside each month for interest on the Bonds shall be 1/6 of the total amount of

interest on the Bonds next coming due. The amount set aside each month for principal

installment, commencing twelve months prior to the first principal payment date, shall be

1/12 of the amount of principal next coming due or by maturity. If there is any

deficiency in the amount previously set aside, that deficiency shall be added to the next

succeeding monthly requirements. The amount to be set aside for the payment of

principal and interest on any date shall not exceed the amount which, when added to the

money on deposit in the Redemption Fund, including investment income thereon, is

necessary to pay principal and interest due on the Bonds on the next succeeding principal

payment date.

d. Bond Reserve Account in the Redemption Fund: There is established a separate

account in the Redemption Fund to be known as the Bond Reserve Account (the “Bond

Reserve Account”). No reserve requirement is established for the Series 2016 Revenue

Bonds and no moneys shall be deposited in the Bond Reserve Account with respect to

such Bonds. If Additional Bonds are issued, each resolution authorizing the Additional

Bonds shall, as applicable, provide for deposits to the Bond Reserve Account to be made

from the proceeds of the Additional Bonds or funds on hand and legally available for

such use in an amount that will result in the Bond Reserve Account being funded in

accordance with the resolutions authorizing the Additional Bonds (the “Reserve

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Amount”). Except as otherwise provided in this Section, the moneys credited to the Bond

Reserve Account shall be used solely for the payment of the principal of, redemption

premiums (if any) and interest on the Bonds subject to a reserve requirement as to which

there would otherwise be a default. If at any time it shall be necessary to use moneys

credited to the Bond Reserve Account for such payment, then the moneys so used shall

be replaced from the Net Revenues first received thereafter which are not required for

current principal and interest requirements until the amount on deposit equals the Reserve

Amount. If as of the last day of any fiscal year the amount in the Bond Reserve Account

exceeds the amount required by such resolutions to be in such Account, the excess may

be transferred to the Redemption Fund for payment of principal and interest on the Bonds

due on or after that date.

e. Mandatory Redemption Requirements: For purposes of making deposits

to the Redemption Fund and the Bond Reserve Account, the principal amount of Bonds

becoming due by reason of a Mandatory Redemption Requirement shall be deemed to

become due in the principal amount and on the due date of the Mandatory Redemption

Requirements. Each resolution authorizing the sale of Additional Bonds shall state the

amount of Bonds authorized which are term Bonds, if any, or the method by which the

Bonds which are term Bonds, if any, shall be determined. A Mandatory Redemption

Requirement for the Bonds of a term maturity may be satisfied by the call of term Bonds

of the same issue and maturity in the principal amount of the Mandatory Redemption

Requirement at par and accrued interest or by the purchase and surrender to the transfer

agent of the Bonds of the same issue and maturity from money allocated therefor as

provided herein, or purchased with other funds legally available therefor. The Issuer

shall elect the manner in which it intends to satisfy a Mandatory Redemption

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Requirement not less than forty-five days prior to the due date of each Mandatory

Redemption Requirement. The money set aside to satisfy the next Mandatory

Redemption Requirement for the Bonds shall be used by redeeming said Bonds on the

required due date relating to such Mandatory Redemption Requirement or by purchasing

Bonds of the same issue and maturity with respect to which the Mandatory Redemption

Requirement applies and surrendering the same to the paying agent for cancellation or on

prior to the required due date of the Mandatory Redemption Requirement. In the event

that after any Mandatory Redemption Requirement date moneys remain in the

Redemption Fund, as a result of the purchase of Bonds at less than par, the amount of

such excess may be transferred to the Receiving Fund. If no Bonds of an issue are issued

as term Bonds then there shall be no Mandatory Redemption Requirement with respect to

those Bonds.

f. Replacement and Improvement Fund: There shall next be established and

maintained a separate depositary account, designated Replacement and Improvement

Fund (the “Replacement Fund”), the money credited thereto to be used solely for the

purpose of making repairs, replacements, improvements, enlargements or extensions to

the System, including any buildings or structures related to said System. Out of the

Revenues and moneys of the System remaining in the Receiving Fund at the end of each

month after provision has been made for the deposit of moneys in the Operation and

Maintenance Fund and the Redemption Fund including the Bond Reserve Account, there

may be deposited in the Replacement Fund such additional funds as the County Agency

may deem advisable. If at any time it shall be necessary to use moneys in the

Replacement Fund for the purpose for which the Replacement Fund was established, the

moneys so used shall be replaced from any moneys in the Receiving Fund which are not

21

required by this Resolution to be used for the Operation and Maintenance Fund or the

Redemption Fund including the Bond Reserve Account.

g. The Issuer is authorized to create or continue such funds and accounts and

subaccounts as are necessary or appropriate to distinguish one series of Bonds from

another and one priority of Bonds from another priority of Bonds.

h. Surplus Moneys: All moneys remaining in the Receiving Fund at the end of any

fiscal year after satisfying all the foregoing requirements of this Section 14 and which are

considered surplus, may, at the option of the County Agency, be used for any of the

following purposes:

1. Transferred to the Replacement Fund; or

2. Transferred to the Redemption Fund and used for the purchase of

Bonds on the open market at not more than the fair market value

thereof or for the redemption of Bonds prior to maturity; or

3. Any other use permitted by law;

provided, however, that in the event the money of the System is insufficient to provide

for the current expenses of the Operation and Maintenance Fund or the Redemption

Fund, any money or securities in other accounts of the System shall be transferred first to

the Operation and Maintenance Fund and second to the Redemption Fund to the extent of

any deficits in those funds.

15. Priority of Funds. In the event the moneys in the Receiving Fund are insufficient to

provide for the current requirements of the Operation and Maintenance Fund or the Redemption

Fund, any moneys or securities in other funds of the System, except the proceeds of sale of the

Bonds, shall be credited or transferred, first, to the Operation and Maintenance Fund, and second

to the Redemption Fund.

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16. Investments. Moneys in the funds and accounts established herein and moneys derived

from the proceeds of sale of the Bonds, may be invested by the Issuer in United States of

America obligations or in obligations the principal of and interest on which is fully guaranteed

by the United States of America and any other investments permitted by law. Investment of

moneys in the Redemption Fund being accumulated for payment of the next maturing principal

or interest payment of the Bonds shall be limited to obligations bearing maturity dates prior to

the date of the next maturing principal or interest payment on the Bonds. In the event

investments are made, any securities representing the same shall be kept on deposit with the

financial institution having on deposit the fund or funds or account from which the purchase was

made. Profit realized or interest income earned on investment of funds in the Receiving Fund,

Operation and Maintenance Fund, Replacement Fund and Redemption Fund, including income

derived from the Bond Reserve Account, shall be deposited in or credited to the Receiving Fund

at the end of each fiscal year.

17. Bond Proceeds. Except as otherwise provided in a resolution authorizing the issuance of

Additional Bonds, from the proceeds of the sale of each series of the Bonds there shall be

immediately deposited in the Redemption Fund an amount equal to the capitalized interest,

accrued interest and premium, if any, received on the delivery of the Bonds. In addition, there

shall be deposited in the Bond Reserve Account from the proceeds of the Bonds the amounts

required to be deposited in the Bond Reserve Account, if any, from the proceeds of the series of

the Bonds in the amounts required to be so deposited by the resolutions for any Additional

Bonds. The remainder of the proceeds of the sale of the series of the Bonds representing the

costs of the applicable project for which such series of Bonds was issued shall be deposited in a

bank or banks, designated by the County Treasurer or otherwise in accordance with applicable

law, qualified to act as depository of the proceeds of sale under the provisions of Section 15 of

23

Act 94, in a separate depository account designated Southeast Macomb County Waste Water

Disposal System Construction Fund (the “Construction Fund”). Moneys in the Construction

Fund relating to a series of Bonds shall be applied solely in payment of the cost the acquisition

and construction of the applicable project, including any engineering, legal, accounting and other

expenses incident thereto and to the financing thereof. Any unexpended balance of the proceeds

of sale of a series of Bonds remaining after completion of the applicable project in the

Construction Fund shall be used for further improvements, enlargements and extension to the

System, if the use (i) is approved by the Michigan Department of Treasury, if such approval is

then required by law, and (ii) based upon an opinion of bond counsel, will not adversely affect

the exclusion from gross income for federal income tax purposes of Bonds which were issued as

tax-exempt Bonds, the proceeds of which were deposited in such account. Any remaining

balance shall be paid immediately into the Redemption Fund and the money shall be used only

for meeting Bond reserve requirements, if any, or for the redemption or purchase, at no more

than the fair market value but not more than the price at which such Bonds may next be called

for redemption, of outstanding Bonds of the issue from which the proceeds were derived. Bonds

acquired by purchase shall be canceled and shall not be reissued. The Issuer may provide

additional or different lawful uses for such unexpended balance, which shall be subject to the

relevant tax covenants.

18. Funds and Depositary. Moneys in the several funds and the accounts established

pursuant to this Resolution, except moneys in the Redemption Fund (including the Bond Reserve

Account) and moneys derived from the proceeds of sale of the Bonds, which shall be maintained

and accounted for in separate accounts, may be kept in one or more combined accounts at a

qualified depository designated by the County Treasurer or otherwise in accordance with

applicable law, and if kept in one account the moneys shall be allocated on the books and records

24

of the Issuer in the manner and at the times provided in this Resolution. All accounts and funds

shall be maintained at qualified depositories, which are one or more banks, savings and loan

associations, or credit unions, each having unimpaired capital and surplus amounting to at least

$2,000,000 or that are insured by the Federal Deposit Insurance Corporation, the Federal Savings

and Loan Insurance Corporation, or the National Credit Union Share Insurance Fund; provided

that the funds and accounts may be invested as permitted by applicable law.

19. Bond Form. The Bonds shall be in substantially the following form, with such

modifications, additions or deletions as may be required by the Authority:

25

UNITED STATES OF AMERICA

STATE OF MICHIGAN

COUNTY OF MACOMB

SOUTHEAST MACOMB COUNTY WASTE WATER DISPOSAL SYSTEM

REVENUE BONDS, SERIES 2016

Date of Maturity Interest Rate Date of Original Issue

Various

(See Schedule I)

(See Schedule I)

, 2016

Registered Owner: Michigan Finance Authority

Principal Amount: Dollars

($ )

The County of Macomb, State of Michigan (the “Issuer”), for value received, hereby

promises to pay to the Registered Owner specified above, or registered assigns, the Principal

Amount specified above, in lawful money of the United States of America on the dates and in the

principal installment amounts set forth in Schedule I attached hereto and made a part hereof,

unless prepaid prior thereto as hereinafter provided, or so much thereof as shall have been

advanced to the Issuer pursuant to a Purchase Contract between the Issuer and the Michigan

26

Finance Authority (the “Authority”) and a Supplemental Agreement by and among the Issuer,

the Authority and the State of Michigan acting through the Department of Environmental

Quality, and in any event not exceeding $_________ with interest on said installments from the

date each installment of principal is delivered to the Issuer, until paid, at the interest rate of

___________ percent (____%) per annum. Interest is first payable on ________ 1, 201__, and

semiannually each _______ and _______ thereafter and principal is payable on the first day of

___________ commencing __________ 1, 20___, and annually thereafter.

Notwithstanding any other provision of this Bond, so long as the Authority is the owner

of this Bond, (a) this Bond is payable as to principal, premium, if any, and interest at The Bank

of New York Mellon Trust Company, N.A. or at such other place as shall be designated in

writing to the Issuer by the Authority (the “Authority’s Depository”); (b) the Issuer agrees that it

will deposit with the Authority’s Depository payments of the principal of, premium, if any, and

interest on this Bond in immediately available funds by 12:00 noon at least five business days

prior to the date on which any such payment is due whether by maturity, redemption or

otherwise; in the event that the Authority’s Depository has not received the Issuer’s deposit by

12:00 noon on the scheduled day, the Issuer shall immediately pay to the Authority as invoiced

by the Authority an amount to recover the Authority’s administrative costs and lost investment

earnings attributable to that late payment; and (c) written notice of any redemption of this Bond

shall be given by the Issuer and received by the Authority’s Depository at least 40 days prior to

the date on which such redemption is to be made.

In the event of a default in the payment of principal or interest hereon when due, whether

at maturity, by redemption or otherwise, the amount of such default shall bear interest (the

“additional interest”) at a rate equal to the rate of interest which is two percent above the

27

Authority’s cost of providing funds (as determined by the Authority) to make payment on the

bonds of the Authority issued to provide funds to purchase this Bond but in no event in excess of

the maximum rate of interest permitted by law. The additional interest shall continue to accrue

until the Authority has been fully reimbursed for all costs incurred by the Authority (as

determined by the Authority) as a consequence of the Issuer’s default. Such additional interest

shall be payable on the interest payment date following demand of the Authority. In the event

that (for reasons other than the default in the payment of any municipal obligation purchased by

the Authority) the investment of amounts in the reserve account established by the Authority for

the bonds of the Authority issued to provide funds to purchase this Bond fails to provide

sufficient available funds (together with any other funds which may be made available for such

purpose) to pay the interest on outstanding bonds of the Authority issued to fund such account,

the Issuer shall and hereby agrees to pay on demand only the Issuer’s pro rata share (as

determined by the Authority) of such deficiency as additional interest on this Bond.

During the time funds are being drawn down by the Issuer under this Bond, the Authority

will periodically provide the Issuer a statement showing the amount of principal that has been

advanced and the date of each advance, which statement shall constitute prima facie evidence of

the reported information; provided that no failure on the part of the Authority to provide such a

statement or to reflect a disbursement or the correct amount of a disbursement shall relieve the

Issuer of its obligation to repay the outstanding principal amount actually advanced, all accrued

interest thereon, and any other amount payable with respect thereto in accordance with the terms

of this Bond.

This Bond may be subject to redemption prior to maturity by the Issuer only with the

prior written consent of the Authority and on such terms as may be required by the Authority.

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This Bond is issued pursuant to a resolution duly adopted by the Board of Commissioners

of the Issuer on ____________, 2016 (the “Resolution”), and under and in full compliance with

the Constitution and statutes of the State of Michigan, and particularly Public Act 342 of 1939,

as amended (“Act 342”), and Public Act 94 of 1933, as amended (“Act 94”), for the purpose of

paying the costs of certain improvements to the facilities of the Southeast Macomb County

Waste Water Disposal System (the “System”), including payment of engineering, architectural,

legal and financing expenses in connection therewith.

For prompt payment of principal and interest on this bond, the Issuer has irrevocably

pledged the revenues of the System, including all appurtenances, extensions and improvements

thereto, after provision has been made for reasonable and necessary expenses of operation,

maintenance and administration (the “Net Revenues”), and a statutory first lien thereon is hereby

recognized and created. Pursuant to the authorization provided in Section 7 of Act 342 and

Section 7 of Act 94, the Issuer by resolution of its Board of Commissioners has pledged its full

faith and credit for payment of the principal of and interest on the Bonds in the event that the Net

Revenues are not sufficient to pay principal and interest on the Bonds as they become due. The

full faith and credit pledge of the County is a limited tax general obligation.

The Issuer has covenanted and agreed, and does hereby covenant and agree, to fix and

maintain at all times while any bonds payable from the Net Revenues of the System shall be

outstanding, such rates for service furnished by the System as shall be sufficient to provide for

payment of the interest on and the principal of the Bonds of this issue and any additional bonds

of equal standing as and when the same shall become due and payable, and to create and

maintain a bond and interest redemption fund therefor, to provide for the payment of expenses of

administration and operation and such expenses for maintenance of the System as are necessary

29

to preserve the same in good repair and working order, and to provide for such other

expenditures and funds for the System as are required by the Resolution.

For a complete statement of the revenues from which and the conditions under which this

Bond is payable, a statement of the conditions under which additional bonds of equal standing as

to the Net Revenues may hereafter be issued and the general covenants and provisions pursuant

to which this Bond is issued, reference is made to the Resolution. Capitalized terms not

otherwise defined herein have the meaning ascribed to them in the Resolution.

It is hereby certified and recited that all acts, conditions and things required by law

precedent to and in the issuance of this Bond have been done and performed in regular and due

time and form as required by law, and that the full faith and credit of the Issuer is hereby pledged

for the prompt payment of this bond and the interest hereon, when due.

IN WITNESS WHEREOF, the County of Macomb, State of Michigan has caused this

bond to be signed in its name by the [facsimile] signature of the County Executive, all as of the

Date of Original Issue.

COUNTY OF MACOMB, STATE OF MICHIGAN

By:________________________________ County Executive

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SCHEDULE I

Based on the schedule provided below unless revised as provided in this paragraph,

repayment of principal of the Bond shall be made until the full amount advanced to the Issuer is

repaid. In the event the Order of Approval issued by the Department of Environmental Quality

(the “Order”) approves a principal amount of assistance less than the amount of the Bond

delivered to the Authority, the Authority shall only disburse principal up to the amount stated in

the Order. In the event (1) that the payment schedule approved by the Issuer and described

below provides for payment of a total principal amount greater than the amount of assistance

approved by the Order or (2) that less than the principal amount of assistance approved by the

Order is disbursed to the Issuer by the Authority, the Authority shall prepare a new payment

schedule which shall be effective upon receipt by the Issuer.

Due Amount of Principal

Date Installment Due

Interest on the Bond shall accrue on principal disbursed by the Authority to the Issuer from the

date principal is disbursed, until paid, at the rate of __% per annum, payable , 201 ,

and semi-annually thereafter.

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The Issuer agrees that it will deposit with The Bank of New York Mellon Trust Company, N.A.,

or at such other place as shall be designated in writing to the Issuer by the Authority (the

“Authority’s Depository”) payments of the principal of, premium, if any, and interest on this

Bond in immediately available funds by 12:00 noon at least five business days prior to the date

on which any such payment is due whether by maturity, redemption or otherwise. In the event

that the Authority’s Depository has not received the Issuer’s deposit by 12:00 noon on the

scheduled day, the Issuer shall immediately pay to the Authority as invoiced by the Authority an

amount to recover the Authority’s administrative costs and lost investment earnings attributable

to that late payment.

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20. Additional Bonds.

a. Except as hereinafter provided, the Issuer shall not issue Additional Bonds of

equal standing with the Bonds. The right is reserved pursuant to Section 19 of Act 94 for

the Issuer to issue Additional Bonds of equal standing for the completion of the Project in

the event that the Series 2016 Revenue Bonds shall prove to be insufficient therefor, or

for the subsequent enlargement, extension, improvement, or repair of the facilities or

improvements of the System, or to refund part or all of one or more outstanding issues, or

for any of these purposes, which Additional Bonds may be issued and be negotiated from

time to time as the proceeds therefrom may be necessary for that purpose. Such Bonds,

when sold, shall have equal standing with those issued in the first instance. The

Additional Bonds may be issued in separate series from the Series 2016 Revenue Bonds,

with different dates of issuance, and with changes in the form thereof which are

consistent with that equality of standing. The provisions of Section 7 of Act 94 providing

for annual installments, the amounts of the installments, and the due date of the first

installment shall not be controlling as to each additional series whether the additional

series is of equal or subordinate standing. Instead, Section 7 of Act 94 shall be applied to

the combined annual principal installments and interest at actual rates on outstanding

bonds and at the maximum authorized rate on the additional series.

b. Nothing in this Section 20 shall be construed to prohibit the issuance of additional

bonds, by further action of this Board of Commissioners, which are Junior Lien Bonds.

21. Sale of Series 2016 Revenue Bonds.

a. The Finance Director or his designee is hereby designated, for and on behalf of

the Issuer, to file a qualifying statement, request for reconsideration, or application for

prior written approval, as applicable, with the Michigan Department of Treasury pursuant

33

to Act 34, Public Acts of Michigan, 2001, as amended (“Act 34”), and pay any related

fees in connection with any of the foregoing, and taking any other actions necessary or

desirable under Act 34.

b. The County Executive and the County Agency are authorized and directed to

execute and deliver (i) the Purchase Contract, (ii) a Supplemental Agreement by and

among the Issuer, the Authority and the State of Michigan acting through the Department

of Environmental Quality, (iii) an Issuer’s Certificate, (iv) a Revenue Sharing Pledge

Agreement, if required by the Authority, and any other documents which may be required

by the Authority or by applicable law or regulation, in such form as the Authority may

require, which form is hereby approved.

c. The County Executive, the Finance Director, the County Agency, the County

Treasurer, the County Corporation Counsel, and all other officials, employees and agents

of the County and their respective designees are authorized and directed to (i) cooperate

with the Authority, the Michigan Department of Environmental Quality, the Department

of Treasury, and other parties to issue the Series 2016 Revenue Bonds in a timely

fashion; and (ii) do all other acts and take all other actions and other necessary or

desirable procedures required to effectuate a sale, issuance and delivery of the Series

2016 Revenue Bonds or as may be necessary or desirable to carry out and comply with

the terms and provisions of this Resolution, and all such actions, whether heretofore or

hereafter taken, shall be ratified, confirmed and approved, including, if appropriate, and

without limitation, reducing the amount of Series 2016 Revenue Bonds sold and/or

delivered if the County Agency determines that the full amount thereof is not necessary.

The County Agency shall not be required to secure an amendment to this Resolution or

other approval from the Issuer if any reduction produces a bond issue whose terms

34

remain within the terms authorized by this Resolution as outside parameters, or if such

reduction or alteration is insignificant or insubstantial.

d. Information concerning the Issuer may be provided by officers, agents and

employees of the Issuer for inclusion in a preliminary official statement and a final

official statement with respect to the Series 2016 Revenue Bonds if required by the

Authority, the circulation and dissemination of which are hereby approved, and, if

required by the Authority, the County Executive and the County Agency are authorized

to execute and deliver a continuing disclosure undertaking meeting the requirements of

Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the

Securities Exchange Act of 1934, as amended.

22. Amendments; Consent of Bondholders.

a. The Issuer, from time to time and at any time, subject to the conditions and

restrictions in this Resolution and any subsequent resolutions authorizing the issuance of

Additional Bonds or Junior Lien Bonds, may enact one or more supplemental or

amendatory resolutions which thereafter shall form a part hereof and thereof, for any one

or more or all of the following purposes:

i. To issue Additional Bonds or Junior Lien Bonds;

ii. To add to the covenants and agreements of the Issuer contained in this

resolution or any subsequent resolution authorizing any Additional Bonds

or Junior Lien Bonds, other covenants and agreements thereafter to be

observed or to surrender, restrict or limit any right or power therein

reserved to or conferred upon the Issuer;

iii. To cure any ambiguity in any such resolution or to cure, correct or

supplement any defective provision contained in any such resolution,

35

provided that such supplemental or amendatory resolution shall not be

inconsistent with any such resolutions and shall not have a material,

adverse affect on the interests of the owners of the Bonds; and

iv. To make such modifications in the provisions thereof as may be deemed

necessary by the Board of Commissioners to accommodate the issuance of

Additional Bonds or Junior Lien Bonds.

Any amendment or supplemental resolution or resolution authorized by the provisions of

this paragraph (a) may be enacted by the Board of Commissioners without the consent of or

notice to the owners of any of the Bonds at the time outstanding, notwithstanding any of the

provisions of paragraph (b) below.

b. With the consent of the owners of not less than 51% in principal amount

of the Bonds then outstanding, the Board of Commissioners, from time to time and at any

time, may adopt a resolution or resolutions supplemental to this Resolution and any

subsequent resolutions authorizing the issuance of Additional Bonds or Junior Lien

Bonds for the purpose of adding any provisions to or changing in any manner or

eliminating any of the provisions of such resolutions or of any supplemental resolution;

provided, however, that no such supplemental resolution shall (i) extend the fixed

maturity of any Bond, change a Mandatory Redemption Requirement or reduce the rate

of interest thereon or extend the time of payment of interest, or reduce the amount of the

principal thereof, or reduce or extend the time for payment of any premium payable on

the redemption thereof, without the consent of the owner of each Bond so affected, or (ii)

reduce the aforesaid percentage of owners of the Bonds required to approve any such

supplemental resolution, or (iii) deprive the owners of the Bonds (except as aforesaid) of

the right to payment of the Bonds from the Net Revenues, without the consent of the

36

owners of all the Bonds then outstanding. No amendment may be made under this

paragraph (b) which affects the rights or duties of the insurer of any of the Bonds without

its consent. It shall not be necessary for the consent of the bondholders under this

paragraph (b) to approve the particular form of any proposed supplemental ordinance, but

it shall be sufficient if such consent shall approve the substance thereof.

23. Tax Matters. The Issuer shall, to the extent permitted by law, take all actions within its

control necessary to maintain the exclusion of the interest on the Bonds issued as tax-exempt

Bonds from gross income for federal income tax purposes under the Internal Revenue Code of

1986, as amended (the “Code”), including, but not limited to, actions and abstentions from

actions relating to any required rebate of arbitrage earnings and the expenditures and investment

of Bond proceeds and moneys deemed to be Bond proceeds.

24. Notice of Intent. The Finance Director is hereby authorized and directed to publish one or

more Notices of Intent to Issue Bonds with respect to the Series 2016 Revenue Bonds in an

aggregate principal amount not to exceed $4,500,000, or such lesser amount as shall be

determined by the Finance Director, in a newspaper of general circulation in the County of

Macomb. Such Notice of Intent shall be published in substantially the form attached hereto as

Appendix B, which such necessary or desirable changes as may be approved by the Finance

Director, his approval to be conclusively evidenced by the publication of such Notice of Intent. It

is determined that such form of Notice of Intent and the manner of publication directed is

adequate notice to the electors and taxpayers of the County and users of the System and is well

calculated to inform them of the intention of the County to issue the Series 2016 Revenue Bonds,

the purpose of the Series 2016 Revenue Bonds, the source of payment for the Series 2016

Revenue Bonds, and the rights of referendum of the electors with respect thereto, and that the

provision of 45 days within which to file a referendum petition is adequate to insure that the

37

City’s electors may exercise their legal rights of referendum. The Series 2016 Revenue Bonds

shall not be issued other than in accordance with the requirements of Section 33 of Act 94

regarding the referendum period and if, within 45 days after the publication of the Notice of

Intent, a petition complying with the requirements of applicable law, signed by not less than 10%

or 15,000 of the registered electors, whichever is less, residing within the limits of the County, is

filed with the County Clerk requesting a referendum upon the question of the issuance of the

Series 2016 Revenue Bonds described in the Notice of Intent, then such Series 2016 Revenue

Bonds shall not be issued until approved by the vote of a majority of the electors of the Issuer

qualified to vote and voting on such bonds at a general or special election.

25. Severability Paragraph Headings and Conflict. If any section, paragraph, clause or

provision of this Resolution shall be held invalid, the invalidity of such section, paragraph,

clause or provision shall not affect any of the other provisions of this Resolution. The paragraph

headings in this Resolution are furnished for convenience of reference only and shall not be

considered to be part of this Resolution.

26. Publication and Recordation. This Resolution shall be published in full in a newspaper of

general circulation in the County, qualified under State law to publish legal notices, promptly

after its adoption, and shall be recorded in the minutes of the meeting of the County Board of

Commissioners and such recording shall be authenticated by the signatures of the Chair of the

County Board of Commissioners and the County Clerk.

27. Consultants. Bendzinski & Co. Municipal Finance Advisors and Bodman PLC are hereby

retained as financial advisor and bond counsel respectively for the Series 2016 Revenue Bonds.

28. Conflicting Provisions Repealed; Ratification of Establishment of the System. All

resolutions or orders or parts thereof in conflict with the provisions of this Resolution, including

without limitation the Prior Resolution and any conflicting provisions of Resolution 1396 of

38

1978, are, to the extent of such conflict, hereby repealed. All actions heretofore taken by this

Commission to establish the System pursuant to Act 342 are hereby ratified, confirmed and

approved.

29. Effective Date. Pursuant to the provisions of Section 6 of Act 94, this Resolution shall

immediately be effective upon its adoption.

Adopted and signed this _____ day of ___________, 2016.

Signed _________________________________________

David Flynn, Chair Macomb County Board of Commissioners

Signed _________________________________________

Carmella Sabaugh, Macomb County Clerk

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APPENDIX A

PROJECT DESCRIPTION

The Project consists of the rehabilitation of two pump stations and force main appurtenances. Significant items of work include the following:

Force Main Appurtenances

Remove valve equipment and install 6” DI caps in three (3) cleanout wells; remove existing air relief valve and install 4” single body wastewater combination valve.

Bon Heur Pump Station

Structural roof replacement; EPDM roof system; door and window replacements; exterior brick, mansard roof rehabilitation, parapet & other minor repairs; HVAC improvements; electrical and controls improvements; generator replacement; fencing, fence repair and bollard installation.

Violet Pump Station

Floor rehabilitation; wet well structural repairs and slab replacement; new 25 hp constant speed pumps with motors; new 60 hp variable speed pumps with motors; valve replacement and piping modifications; ventilation Improvements; odor control system; electrical improvements; instrumentation and controls improvements including addition of a flow meter and replacement of level control equipment ; generator replacement; valve and bypass vault; new water supply; miscellaneous concrete work; cathodic protection rehabilitation; installation of retractable ladder.

40

APPENDIX B

FORM OF NOTICE OF INTENT TO ISSUE BONDS

NOTICE TO THE ELECTORS, TAXPAYERS AND OTHER INTERESTED PERSONS OF MACOMB COUNTY AND TO USERS OF THE SOUTHEAST MACOMB COUNTY WASTE WATER DISPOSAL SYSTEM OF THE INTENT OF MACOMB COUNTY TO ISSUE SOUTHEAST MACOMB COUNTY WASTE WATER DISPOSAL SYSTEM REVENUE BONDS PAYABLE FROM THE RATES AND CHARGES FOR SEWAGE DISPOSAL SERVICES ASSESSED BY MACOMB COUNTY AGAINST THE USERS OF THE SOUTHEAST MACOMB COUNTY WASTE WATER DISPOSAL SYSTEM AND THE RIGHT OF REFERENDUM RELATING THERETO

Please Take Notice that Macomb County, Michigan, intends to issue and sell its Southeast Macomb County Waste Water Disposal System Revenue Bonds, pursuant to Act No. 94, Public Acts of Michigan, 1933, as amended, in an aggregate principal amount not to exceed $4.5 million (the “Revenue Bonds”). The Revenue Bonds will be issued to finance the acquisition, construction, installation and equipping of all or any portion of improvements to the Southeast Macomb County Waste Water Disposal System (the “System”) consisting of the rehabilitation of the Bon Heur and Violet Pump Stations as well as rehabilitation of appurtenances to the force main effluent to the Violet Pump Station (the “Project”); together with related engineering, other professional and administrative services, and financing and issuance costs for the Revenue Bonds. The System serves portions of the Cities of Eastpointe, Roseville, and St. Clair Shores, each in Macomb County.

This Notice amends and replaces in its entirety the Notice relating to the Project which was published on July 15, 2015, for the sole purpose of increasing the maximum aggregate principal amount of the Revenue Bonds which may be issued with respect to the Project from $3.0 million to $4.5 million.

SOURCE OF PAYMENT OF REVENUE BONDS

The principal of and interest on the Revenue Bonds shall be primarily payable from the rates and charges for sewage disposal services assessed against the users of the Southeast Macomb County Waste Water Disposal System. The Revenue Bonds will be secondarily secured by the limited tax full faith and credit pledge of Macomb County, as authorized pursuant to a resolution of the County Commission.

BOND DETAILS The Revenue Bonds will be issued in one or more series from time to time. Each series will be payable in principal installments as determined at the

41

time of sale, with the final installment due not more than 40 years after the original date of the series of Revenue Bonds. The Revenue Bonds will bear interest at the rate or rates to be determined upon the sale thereof, but in no event to exceed 6% per annum or such higher maximum rates permitted by law.

RIGHT OF REFERENDUM THE REGISTERED ELECTORS OF MACOMB COUNTY HAVE THE RIGHT TO

FILE A PETITION FOR REFERENDUM UPON THE QUESTION OF THE ISSUANCE OF THE REVENUE BONDS DESCRIBED IN THE FIRST PARAGRAPH OF THIS NOTICE. THE REVENUE BONDS WILL BE ISSUED WITHOUT A VOTE OF THE ELECTORS UNLESS A PETITION REQUESTING SUCH VOTE SIGNED BY NOT LESS THAN 10% OR 15,000 OF THE REGISTERED ELECTORS OF MACOMB COUNTY, WHICHEVER IS LESS, IS FILED WITH THE COUNTY CLERK WITHIN 45 DAYS AFTER PUBLICATION OF THIS NOTICE. If such a petition is filed, the Revenue Bonds cannot be issued without an approving vote by a majority of qualified electors of Macomb County voting on the question.

Additional Information with respect to the above described Revenue Bonds, the Southeast Macomb County Waste Water Disposal System, the rates and charges assessed and to be assessed against the users of the District, the Project, the financing thereof, and any other matters relating to the foregoing may be obtained from William Misterovich, Chief Deputy Macomb County Public Works Commissioner, 21777 Dunham Road, Clinton Township, MI 48036.

This Notice is given pursuant to the requirements of Section 33 of Act No. 94, Public Acts of Michigan, 1933, as amended.

By: __________________________ Finance Director Macomb County, Michigan

Dated: _____________, 2016

42

I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the Board of Commissioners of the County of Macomb, Michigan, at its regular meeting held on ___________, 2016, at __:00 o’clock __.m., local time, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act.

I further certify that the following Members were present at said meeting: Commissioners _______________________________. I further certify that the following Members were absent from said meeting: Commissioners ___________________________.

I further certify that Commissioner _________ moved adoption of said resolution and that Commissioner ______________ supported said motion.

I further certify that the following Members voted for adoption of said resolution: Commissioners _______________________________________________________________.

[I further certify that the following Members voted against adoption of said resolution: Commissioners ___________________________.]

There were __ yes votes. There were __ no votes.

I further certify that said resolution has been recorded in the minutes of the meeting of the Board of Commissioners and that such recording has been authenticated by the signatures of the Chair and the County Clerk.

____________________________________ Carmella Sabaugh Macomb County Clerk Dated: _____________, 2016

43

To: David Flynn, Board Chair

Macomb County Executive Mark A. Hackel

From: Pamela J. Lavers, Assistant County Executivefl--

Date: January 12, 2016

Mark F. Deldin Deputy County Executive

RE: Agenda Item- Department of Roads, Pavement Marking Program Contract

Attached you will find documentation and a resolution from Department of Roads Director, Robert Hoepfner, to approve the contracts between the Macomb County Department of Roads and R.S. Contracting for the Pavement Marking Program scheduled to be completed in 2016.

Required approval and signature of payment marking contracts is needed to proceed with work as scheduled in the Department of Roads 2016 Program.

The Executive Office respectfully submits this agenda item for the Commission's consideration and recommends approval of the Pavement Marking Program contracts as stated above.

PJL/smf

cc: Robert Hoepfner

44

MACOMB COUNTY, MICHIGAN

RESOLUTION Resolution to:

Approve the contracts between the Macomb County Department of Roads and R. S. Contracting for the Pavement Marking Program scheduled to be completed in 2016.

Commissioners James Carabelli & Robert Mijac, lnfrastructure/Econ Dev Committee

Additional Background Information (If Needed):

This pavement marking program is budgeted each year to replace worn areas where markings are required for the safety of motorists and pedestrians.

lnfrastructure/Econ Dev 01/19/2016 Committee Meeting Date

Finance 1-20-16

45

DEPARTMENT OF ROADS 117 South Groesbeck Highway • Mount Clemens, Michigan 48043

Phone: (586) 463-8671 www.MacombCountyMi.gov/roads

Mark A. Hackel County Executive

Robert P. Hoepfner, P.E.

1/11/16

Date

Office of County Executive

County of Macomb One South Main, 8th Floor

Mount Clemens, Ml 48043

SUBJECT:

Department of Roads

REQUEST APPROVAL/ ADOPTION OF

CONTRACT- PAVEMENT MARKING PROGRAM

Agreement with R.S. Contracting covering terms of Pavement Marking Program

IT IS RECOMMENDED THAT THE EXECUTIVE SUBMIT TO THE BOARD:

the attached contracts for approval and signature by Mark Deldin

PURPOSE I JUSTIFICATION:

Director of Roads

Required approval and signature of pavement marking contracts in order to proceed with work as scheduled in the Department of Roads 2016 Program.

FISCAL IMPACT I FINANCING:

The pavement marking program is budgeted, bid and contracted to the lowest qualified bidder.

46

FACTS AND PROVISION/ LEGAL REQUIREMENTS:

CONTRACTING PROCESS:

CONTRACT- PAVEMENT MARKING PROGRAM

Department of Roads

After contracts are approved and executed, they should be returned to the Department of Roads for distribution and filing.

IMPACT ON CURRENT SERVICES (PROJECTS):

This pavement marking program is budgeted each year to replace worn areas where markings are required for the safety of motorists and pedestrians.

Respectfully submitted,

Robert Hoepfner, Director Department of Roads

21 Page

47

CONTRACT REVIEW ROUTING FORM ORIGINATING DEPARTMENT INFORMATION

Department Leader: Department: Date:

Robert Hoepfner Roads 01/11/2016 Contract Contact Person: Contact Phone Number: NOTE: Contracts are returned interoffice mail unless specified below:

Sue VanSteelandt (586) 463-0344 IXpau Sue VanSteelandt tor Pick Up: # 586.463.0344 CONTACT I PROGRAM INFORMATION

Contract I Program Title:

Contract - Pavement Marking Program

DEPARTMENT ROUTING & AUTHORIZATIONS NOTES:

1. RISK & CONTRACT MANAGEMENT·

~Approved D Approved with changes

D Rejected

~Approved D Approved with changes

D Rejected

RETURN TO

RISK & CONTRACT MANAGEMENT

D Approved with changes

D Rejected

,~pproved %soc Review Required

D Approved with changes

D Rejected

RETURN TO

RISK & CONTRACT MANAGEMENT

\-\~-\(o Date

GRANT

D wARD

~unded

c. E "' U5

""C <ll .2 <ll u <ll 0:: -c <ll E t::

"' c. <ll 0

Return By Date:

01/13/2016

RECEIVED JAN 1 2 2016

CORPORATION COUNSEL

EXECUTIVE OFFICE

JAN 12 2016

RECEIVED

48

CONTRACT REVIEW ROUTING FORM ORIGINATING DEPARTMENT INFORMATION

Department Leader: Department: Date:

Robert Hoepfner Roads 01/11/2016 Contract Contact Person: Contact Phone Number: NOTE: Contracts are returned interoffice mail unless specified below:

Sue VanSteelandt (586) 463-0344 IXball Sue VanSteelandt for Pick Up: # 586.463.0344

• ... . . ~~~tl'JF.!-1111.1

Contract I Program Title: - GRANT

Contract - Pavement Marking Program x AWARD (County Recipient)

Funded (Program)

Vendor Number (if known): Vendor Name:

v'"'" ~ y., R.S. Contracting, Inc. Disclosure IFAS

Form Attached: No (N/A)

Original Contract Amount: Amendment Amount: Total Amended Contract Amount: Funding Source - Org Key I Object- (If known):

$ 447,460.08 $ $ 447,460.08 Dept of Roads Budget Contract Begin Date: Amendment Date: Contract End Date: Targeted Committee Date:

04/01/2016 09/30/2016 01/19/2016 ~ tract: If Renewal or Amendment, what terms have changed (if any): Amendment Number: ~New

Renewal i- Amendment

Contract Bid: If not bid out, please explain: Lowest Bid: If not lowest bid, please explain:

18] Yes 18] Yes

0 No 0 No

Bid Number: How many bidders responded? Winning bidder Macomb County Entity:

102215 2 D Yes Casco Twp, St. Clair County IEJ No- Explain:

Contract I Program Synopsis:

This pavement marking program is budgeted each year to replace worn areas where markings are required for the safety of motorists and pedestrians.

OTHER CONTRACT INFORMATION

LJ CONTRACT REQUIRES SIGNATURE OF COUNTY EXECUTIVE ONLY. DESIGNEE SIGNATURE WILL NOT BE ACCEPTED.

PLEASE CHECK APPROPRIATE ITEM BELOW (IF APPLICABLE):

18] 1. AWARDING A CONTRACT OF $35,000 OR MORE FOR SERVICES, SUPPLIES, MATERIALS, EQUIPMENT OR REAL ESTATE.

D 2. AWARDING A CONTRACT OF $100,000 OR MORE FOR CONSTRUCTION.

D D D D D

3. AWARDING A CONTRACT MODIFICATION EXCEEDING 10% OF THE ORIGINAL APPROVED CONTRACT AMOUNT.

4. A WARDING A CONTRACT THAT EXCEEDS 5 YEARS IN LENGTH.

5. EMPLOYER PAID FRINGE BENEFITS.

6. C OLLECTIVE BARGAINING AGREEMENTS .

7. INTERGOVERNMENTAL AGREEMENTS AS DEFINED BY CHARTER SECTION 3.1 .

49

CONTRACT

COUNTY-WIDE PAVEMENT MARKING PROGRAM PROJECT #1 02215

THIS AGREEMENT, made this day of , 2015, by and between the MACOMB COUNTY DEPARTMENT OF ROADS, 117 South Groesbeck Highway, Mount Clemens, Ml 48043, County of Macomb, State of Michigan, hereinafter referred to as "MCDR" and R.S. CONTRACTING, INC., 9276 Marine City Highway, Casco Township, Ml 48064, hereinafter referred to as "CONTRACTOR", outlines the terms agreed upon between these parties for the project titled above.

For and in consideration of the payment of $447,460.08, CONTRACTOR hereby agrees to furnish and deliver all materials and perform all work and labor required to complete the following project:

County-Wide Pavement Marking Program #1 02215 Pavement marking locations throughout Macomb County

Further, CONTRACTOR agrees to begin work within ten (1 0) days after receiving notice to proceed from MCDR and to complete the project on or before July 31, 2016.

MCDR, in pursuance of the statute in such case made and provided, hereby agrees to pay to CONTRACTOR for all work done, the unit prices as submitted in the bid for this project by CONTRACTOR, which is incorporated by reference herein.

MCDR further agrees to pay CONTRACTOR for such extra work as may be ordered by the Project Engineer, the prices of which may not be included in the original bid. The procedure and schedule of payment for extra work shall be as outlined in the current Michigan Department of Transportation Standard Specifications under "Payment For Extra Work".

CONTRACTOR shall complete all work in accordance with the plans and as outlined in the Bid Proposal for the project under the direct supervision and to the complete satisfaction of MCDR.

Contract W0#102215 Pagel

50

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above.

WITNESS:

WITNESS:

..

Contract W0#102215

MACOMB COUNTY:

Mark F. Deldin, Deputy County Executive

~f Authorized Agent

..:Jj rr-... V <1-l era-l'e.._j17'et.~Sll ~ Printed Name and Title R.S. Contracting, Inc.

87ci-~'1r-l~ ./..:rv~ l et'\ie_@_I!S ~tit-l'::5. ~ Telephone Number/Email Address

Page2

51

Contract ID: Description:

Location:

Projects(s):

Rank Bidder

102215

Countywide

102215

0 ENGINEER'S ESTIMATE

1 (04288) R. S. Contracting, Inc.

2 (01684) P.K. Contracting, Inc.

Contract# 102215 (Countywide) MERL: 5.3.1

Bid Comparison

Total Bid %Over Low

$429,020.00 -4.12%

$447,460.08 0.00%

$465,790.00 4.09%

%0verEst.

0.00%

4.29%

8.57%

Page 1 of2

1210812015 9:10:16 !W.

___ .,.,...,......

52

Line Pay Item Code Quantity Units (0) ENGINEER'S ESTIMATE .I (1) R. S. Contracting, Inc. (2) P.K. Contracting, Inc. Description Bid Price Total! Bid Price Total Bid Price Total 0001 1500001 1 LSUM $10,000.00 $10,000.0~L $0.01 $0.01 $7,500.00 $7,500.00 Mobilization, Max. __

-------------------·--1------------------- -----.-----------------!--------------·----0002 8110011 6 Ea 1 $500.00 $3,000.001 $0.01 $0.06 $1,000.00 $6,000.00 Call Back, Mobilization

~~~~-:!~~~~~-:::.-:-i~-::~~;t~- a9o:~~o ___ FtJ -·· ---·-··--$o~~~--------$~~o~ool~-=~~~~-~$o:os---··-·$34:s~~ -----~- -·$0.o~~------~34.5ooJJol 0004 8110232 3,600,000 Ft J $0.05 $180,000.00L $0.05 $180,000.00 $0.05 $180,000.001 Pavt Mr1<g, Waterborne, 4 inch, Yellow J ------'--·-----------·--- -·- ------------ ---------------------------------------

~~~:~::::~;_±~:~~~~~~-=-~--$~~~====~~:~~:=~:::1 ~~~~r_;;~~;~r~~-- ______ .... __ _________ _ ----~--~:~~- _ . _ ~~·~~~-~~~ _________ :·~~~::!___ ___________ _:-~~-- . _________ -~0--~-1- ____ ___ _ _ ~·5~:~~-- _ ~·~~0-~~ _ 0008 8120210 2,000 Ft $0.25 $500 ... 00.1 $0.40 $800.00 $0.55 $1,100.00 Pavt Mrkg, Longit, 6 inch or Less Width, Rem

--- -- ----

Bid Totals: $429,020.001

Contract # I 02215 (Countywide) MERL: 5.3.1 .

$447,460.08 $465,790.00

Page2of2

12/08/2015 9:10:16 AM

53

Macomb County Department of Roads October 1, 2015 thru September 30, 2016

SPECIAL REQUESTS

Service or Item Requested

(21) TRAFFIC

Communication Pole Equipment Maintenance

Traffic Signal Local Controller Software Maintenance

Network Architecture

Data Collection Program

fleplacerrl~~(i.upgrades to Storm Water Pump stations '- ~ ~

Emergenc)i R~p~irs to Stormwater Pump Stations

Refrlg.,ljtor to Replace Existing One for Office

Four Drawer Letter Size Filing Cabinets

Coreles&.Drill to Replace Existing Drill

TSI Bus Interface Tester Model 820-T

ATSI ITS' Cabinet Monitoring System Tester Model 4000· T

Page26

Amount uested

20,000

400

1,500

350

5,427

9,000

Total

54

Pay Item Description Quantity

1500001 Mobilization, Mmc_ _ 1

8110011 Call Back, Mobilization 6

8110231 Pavt Mrkg, Watemome, 4 Inch, White 690,000

8110232 Pavt Mrkg, Waterborne, 4 inch, Yellow 3,600,000

8110233 Pavt Mrkg, Waterborne, 61nch, White 3,314,000

...

8110234 Pavl Mril:g, Waterborne, 6 inch, Yellow 3,000

8120170 Minor Traf Devices 1

8120210 Pavt Mrkg, Longit, 6 inch or Less Width, Rem 2,000

Contractor: __ f..~- U/1/F'a c'T;"'::fj -L-Jc.. ·

L·,~ V (Signature)

Contrnct# l022U (Countywide) MERL:5.3.1

Unite Unit Price Bid Amount

Dollara Cte Dol lara Cts

LSUM .o/ ,(J{ - -Ea .o/ ·~ -Ft .~ - 3<f..f C'O oO

---Ft ,o.£ IJ1I ;go, ofd -Ft .o1 ~ - ;231. ')80 Ft .ole. oO

/8() --LSUM ,ol • d/ - -

Ft l/0 ~ ·- 800

¥'17. ¥6 () ai'

Total Bid: -

(Date)

Page 4 of .22 1013012015 7:34:01 AM

55

MACOMB COUNTY DEPARTMI!NT OF ROADS BID

County-Wide Pavement Marking Program Project #102215

PROJECT# 102215

TYPE OF WORK Pavement Marking

The undersigned has examined the plans and specifications described In the bid for this project and is fully Informed as to the nature of the work and the conditions relating m its performance and understands the quantities shown are approximate only and are subject to either Increase or decrease.

The underSigned hereby proposes m furnish all necessary machinery, tools, apparatus, and other means of construction, do all the work, furnish all the materials exc:ept as otherwise specified, and, or each unit price, lump sum, or one each named In the itemized bid, to complete the work In strict conformity with the requirements of the 2012 Standard Specifications for Construction, Michigan Department of Transportation and such other special provisions and supplemental specifications as may be part of the bid for this project.

The undersigned further proposes to do such extra work as may be authorized by the Macomb County Department of Roads, prk:es for which are not Included In the itemized bid. Compensation shall be made on the basis agreed upon before such work Is begun.

11iE UNDERSIGNED UNDERSrANDS AND AGREES THAT THE MACOMB COUNTY DEPARTMENT OF ROADS RESERVES THE RIGHT TO REJECT ANY AND ALL B'lDS AND NO CONTRACTIJAL RELATIONSHIP SHALL EXIST BElWEEN THE UNDERSIGNED AND THE MACOMB COUNTY DEPARTMENT OF ROADS FOR THE WORK DESCRIBED HEREIN UNTIL SUCH TIME AS A CONTRACT DOCUMENT HAS BEEN FORMALLY EXEOJTED BY BOTH THE UNDERSIGNED AND MACOMB COUNTY.

The undersigned acknowledges receipt of addenda Issued by the Macomb County Department of Roads In respect of the foregoing project, and being numbered:

X f'Y\. V ~I e 11\Te... Name (Please Print)

f?., S, c{f/1 rcacri'.N.j t .I:;.fc_, Company Name

!;:!76 }nar;"rJe. Cf"J /lwy ~~~

~ature c~.sc.o Tw(i }1-t .~ </tf({ 6 <f

City, State, Zlp Code

...{!(- 7/6- ;..fq_l ._{!(- 716-1 6(/_$ Telephone Number Fax Number

NOnce: ONLY the bidder to whom It was originally Issued by the Macomb County Department of Roads may use this bidding bid.

BID TOTAL:

Page5of22

56

_,

CERTIFICATE OF INSURANCE FOR CONSTRUCTION AND RECONSTRUCTION PROJECTS NOTE: INSURANCE COMPANY MUST BE LICENSED IN THE STATE OF MICIDGAN

The subscribing insurance company certifies to the Macomb County Department of Roads that insurance of the kinds and types and for limits of liability covering the work herein designated, has been procured by and furnished on behalf of the insured contractor named in item one ( 1 ).

l. NAME OF INSURED: _R.S. Contracting, Inc.~---::----::-::----,--:-:-:-:--------­ADDRESS OF INSURED: 9276 Marine City ...,H~wy~·· .:.:C,as.,co, . ....,_M'""i:......:.;48""0""64~--------

2. PROJECT NAME: 2016 Pavement Marking 3. TYPE OF INSURANCE (indicate policy amount if other than Minimum Limits shown*)

A. Comprehensive General Liability - including coverage for Contractual Liability Insurance, Completed Operations and/or Product Liability, X, C, and U

B. Comprehensive Auto Liability Insurance including coverage for owned, hired and non-<>wned vehicles C. Owners & Contractors Protective Public Liability & Property Damage Insurance D. Workmen's Compensation E. Umbrella or Excess Liability'

TYPE POLICY EFFECTIVE EXPIRATION EACH OCCURANCE NUMBER DATE DATE COVERAGE AGGREGATE

A. B.I.&P.D. $1,000,000 $2,000,000*

B. Combined Single Limit $1,000,000*

C. B.I. & P.D. $1,500,000.* $3,000,000* Named Insured for "C" sball include: "MACOMB COUNTY DEPARTMENT OF ROADS AND ITS EMPLOYEES, ELECTED AND APPOINTED OFFICIALS, AND ALL CITIES, TOWNSHIPS IN MACOMB COUNTY". SUCH COVERAGE SHALL BE PRIMARY. FURNISH THREE (3) COPIES OF POLICY WITH miS CERTIFICATE.

D.

E.

Coverage A - Compensation Coverage B- Employer's Liability

MI STATUTORY $500,000.* $500,000./$500.00. */$500,00 .•

$2,000,000.* $2,000,000 .•

Certificateholder is scheduled as additional insured with regards to GL coverages. The coverage herein certified is written in accordance with the company's regular policies and endorsement, subject to the company's applicable manual of rules and rates, except:

A. the insurance shall not be subject to the usual "X" - explosion, "C" - collapse, or "U" underground property damage exclusions.

B. In the event of cancellation or reduction in coverage by the Insurance Company, 30 days prior written notice shall be given the Macomb County Department of Roads.

C. The Subscribing Company and the insured contractor agree to give 30 day prior written notice to the Macomb County Department of Roads in the event the contractor cancels or reduces the coverage of any insurance certified above.

NAME OF COMPANY

DATE: __________________________ __ BY: ____ ~~~~~----~----------

Authorized Representative

57

The Guarantee Company Of North America USA

BID BOND

KNOW BY ALL MEN THAT THESE PRESENTS: That we R S. CONTRACTING, INC. of 9276 Marine

City Hwy .. Casco. Ml 48064, hereinafter referred to as Principal, and The Guarantee Company Of

North America USA as Surety, are held and firmly bound unto Macomb County Department Of Roads

of 117 S. Groesbeck Hwv, Mount Clemens. Ml48043. hereinafter referred to as Obligee, in the sum of

FIVE AND 00/100 PERCENT Dollars (5.00%) for the payment of which we bind ourselves, our legal

representatives, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for

2016 Pavement Marking Project #102215

NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect.

Signed and sealed this November 20, 2015.

R. S. CONTRACTING. INC. (Principal)

The Guarantee Company Of North America USA (Surety)

by \. ... ...- .(Seal) , ATTORNEY-IN-FACT

58

THE

GUARANTEE"' The Guarantee Company of North America USA

Southfield, Michigan POWER OF ATTORNEY

KNOW ALL BY THESE PRESENTS; That THE GUARANTEE COMPANY OF NORTH AM.ERICA USA. a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint

Gus E. Zervos, Angelo G. Zervos, David C. Lange, Donald W. Burden, Stephen M. Zervos Zervos Group, Inc.

its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on Its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, v.tlich are or may be allo~~~ed, required or permitted by law, statute, rule,

or otherwise. regulation, contract

The execution of such lnstrument{s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to an intents and purposes, as if the same had been duly executed and acknOit.iedged by its regularly elected officers at the principal office.

The Poliler of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:

1. To appoint Attomey{s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and

2. To revoke, at any lime, any such Attorney-in-fact and revoke the authority given, except as proVided below 3. In connection with obligations in favor of the Florida Department of Transpcttation only, it is agreed that the po~~~er and authority hereby given

to the Attorney-in-Fact includes any and all consents for the release of retained percentages andfor final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. .

4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the po~i~er and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner­Department of Highways of the Common~~~ealth of Kentucky at least thirty {30) days prior to the modification or revocation.

Further, this p·o~~~er of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of v.tlich the following Is a true excerpt:

RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal v.tlen so used shall have the same force and effect as thOugh manually affixed.

IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012.

THE GUARANTEE COMPANY OF NORTH AMERICA USA

STATE OF MICHIGAN County of Oakland

Stephen C. Ruschak, Vice President Randall Musselman, Secretary

On this·23rd day of February, 2012 before me came the individuals v.tlo executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument Is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of

Cynthia A. Takai Notary Public, State of Michigan

County of Oakland My Commission Expires February 27, 2018

Acting in Oakland County

IN WlTNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written.

I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which Is still in full force and effer,t

IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 2oth day of November , 2015

Randall Musselman, Secretary

59

I '' ' ·'

Bond No. 10125745

FAITHFUL PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that we, ~R.,_,S"---. C=o~n~tr=ac"'""tm~· ~g,'""'Ino:::c"---. -------

9276 Marine City Hwy. , Casco, Mi. 48064

as Principal, and The Guarantee Company of North America USA, 1 Towne Square, Suite 1470.

Southfield, Mi. 48076 as Sureties, are held firmly bound unto the MACOMB COUNTY

DEPARTMENT OF ROADS, State of Michigan, in the penal sum of~ 447.460.08----------­

______ ......... to be paid to said MACOMB COUNTY DEPARTMENT OF ROADS in

lawful money of the United States, to its certain attorney or assigns, to which payment well and

truly be made, we bind ourselves, our heirs, executors, administrators, assigns and successors,

jointly and severally, firmly by these presents.

SEALED WITH OUR SEALS thiS1othday of December, 20~.

The condition of this bond of obligation is that the above named Principal R.S. Contracting. Inc.

__ .shall and will well and faithfully execute and perfonn 2016 Pavement Marking Project#

102215 the work referenced in the attached contract, according to the terms and conditions thereof;

then this obligation shall be void else to be and remain in full force and effect.

Principal

R.S. Contracting, Inc.

BY~~·

The Gurantee Company of North America USA

Sureties ~

BY: ,

60

Bond No. 10125745

MATERIAL, LABOR BOND

KNOW ALL MEN BY THESE PRESENTS, that _R.S, Contracting, Inc. _____ _ as Principal, and The Guarantee Company of North America USA, 1 Towne Square, Suite 1470, Southfield. Mi. 48076 as Sureties, are held and firmly bound unto the people of the State of Michigan in the sum of

laWful money of the United States, to be paid to the said people of the State of Michigan, or to its assigns, or to any person entitled thereto in accordance with the provisions of Act 187 of the P .A. of Michigan, Session 1905, to which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, assigns and successors, and each and everyone of them firmly by these presents.

SEALED WITH OUR SEALS on this 1.Q!h_day of December , 20,_..,15"-----

The Condition of this obligation is such that whereas the above-boWlded principal has been awarded a contract by the MACOMB COUNTY DEPARTMENT OF ROADS, State of Michigan, for the performance of certain work as set out in the contract hereto attached, together with proposals, instructions, explanations, plans and specifications hereto attached.

NOW, THEREFORE, the condition of this obligation is such that if there shall be paid, as the same shall come due and payable, all indebtedness which may arise from said Contractor to a Sub­Contractor to any person, firm or corporation on account of any labor performed or materials furnished in making the improvement provided for in the annexed contract, or if the said Contractor shall pay, as aforesaid, all parties performing labor or furnishing materials in said work, then this obligation to be void, otheiWise to remain in full force and effect.

Principal

R.S. Contracting Inc.

~...:ri ~ \Itt. /teA~ ,'Tl&Lr vre_r-The Guarantee Company of North America USA Sureties

BY:~£,~ Gus;, zervos, ~

61

Til£

GUARANTEE"' The Guarantee Company of North America USA

Southfield, Michigan POWER OF ATTORNEY

KNOW All BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint

Gus E. Zervos, Angelo G. Zervos, David C. lange, Donald W. Burden, Stephen M. Zervos Zervos Group, Inc.

its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permnted by law, statute, rule,

or otherwise. regulation, contract

The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office.

The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:

1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and

2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given

to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee. shall not relieve this surety company of any of its obligations under its bond.

4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner­Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.

Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt:

RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed.

IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012.

THE GUARANTEE COMPANY OF NORTH AMERICA USA

STATE OF MICHIGAN County of Oakland

Stephen C. Ruschak, Vice President Randall Musselman, Secretary

On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of

Cynthia A Taka/ NotaTY Public, State of Michigan

CoWlty of Oakland My Commission Expires FebruaTY 27, 2018

Acting in Oakland County

IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written.

I, Randall Musselman. Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect.

IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 1Oth day of December . 2015

Randall Musselman, Secretary

62

Mark A. Hackel County ( Mr>culiv"'

DEPARTMENT OF ROADS 117 South Groesbeck Highway • Mount Clemens, Michigan 48043

Phone: (586) 463-8671 www.MacombCountyMi.gov/roads

Robert P. Hoepfner, P.E. Director of Roads

Addendum#1

ITB 101614-2015 Pavement Marking Project

MACOMB COUNTY BASED PREFERENCE

A local preference percentage credit from the following allowance table will be applied to the bid of any County-based Enterprise. This credit will be subtracted from the bid of the County-based Enterprise. In comparing bids, the bid of the County -based Enterprise after subtraction of the credit shall be considered the official bid. However, if the County-based Enterprise is awarded the Contract, the bid without the equalization percentage credit shall be the Contract price.

Contract Amount

Up to $50,000.00

$50,000.00 to $200,000.00

$200,000.00 and over

local Preference Percentage

5

3

1

1. No business shall receive these credits unless it has been certified by ~he Purchasing Manager.

2. Any business who claims entitlement to any local preference credit shall disclose the records necessary to establish eligibility to the County.

3. After applying any local preference credits as provided above, the Contract shall be awarded to the lowest Responsible Bidder thus evaluated.

IN ORDER TO DETERMINE IF YOUR BUSINESS IS ENTITLED TO RECEIVE A LOCAL PREFERENCE PERCENTAGE CREDIT PLEASE ANSWER THE FOLLOWING QUESTIONS:

1. Is your business headquarters physically located within Macomb County, or has it been conducting business at a location with a permanent street address in the County of Macomb on an ongoing basis for not less than one taxable year prior to your bid or response to this Request for Proposal? YES_ NO _v __

2. Has your business paid property taxes on real or personal property within the past year on property which is ordinarily needed to perform the proposed contraQt?

YES_V_NO 3. Are at least 50 percent of your regular full-time employees based at )he County location to

perform the proposed contract? YES _V_ NO __ 4. Has your business been dealing for at least one year on a regular commercial basis in the

kind of goods or services which are the subject of this bid or proposal? . YES _v_ NO __

63

Drug Screening

To the extent not prohibited by law, all contracts for construction, repair, alteration, or rebuilding of a County building or other property shall include a provision requiring the contractor and any subcontractor providing services under the contract to conduct pre-hire screening for illegal drug use by their employees who provide services under the contract.

If applicable, i~ your business compliant with this requirement? YES / No __

County of Macomb, Mich.gan VENDOR DISCLOSURE FORM

The Macomb County ethics ordinance requires vendors of the County to complete and file a disclosure statement. the purpose of which is to disclose any financial relationships or other conflicts of interest that may exist between vendors and employees or elected officials (or their appointees) of the County. Once filed, the disclosure form does not need to be updated unless there is a change in circumstance that would cause the answer to any of the questions to change, at which time an amended disclosure form must be filed. Filing of the disclosure form is considered a condition of payment:

VENDOR NAME: ·-:--- ,,.. ,r .. J~-·1

1. Does the vendor currently employ a relative of any employee, elected official or appointee of an elected official of Macomb County? Relative is defined as husband or wife, father or mother, son or daughter, brother or sister, uncle or aunt, first cousin, nephew or niece, great uncle or great aunt, grandfather or grandmother, grandson or granddaughter, father-in-law or mother-in-law, son-in-law or daughter-in-law, brother-in-law or sister-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister, half brother or half sister, the parents or grandparents of tl1e.lfldividual's fiancee. _/

· UYES ~NO

If yes, please answer the following:

Name of County employee or elected official (or A. appointee):

B. County Positionrritle:

C. County Department or Agency: --------------------

64

.. ..

2. Does any employee or elected official of Macomb County have an interest in the vendor organization in any of the following capacities, either compensated or non-compensated: director, officer, partner, beneficiary, trustee, member, employee or contractor.

DYES IY( NO

If yes, please answer the following:

Name of County employee or elected official (or A. appointee):

B. County PositionfTitle:

C~ County Department or Agency:

D. PositionfTitle with Vendor: 3. Does any current employee or elected official of Macomb County have legal or beneficial

ownership of 10% or more of the outstanding stock of the vend.or organization?

D YES 6?] NO

If yes, please answer the following:

Name of County employee or elected official (or A. appointee):

B. County Positionrritle:

C. County Department or Agency:

D. %of Ownership of Vendor Organization: -----------------

4. In the last five calendar years, has the vendor failed to perform or otherwise deliver on the terms of a contract or agreement with Macomb County, or any other public entity, including suspensions or debarments? ,_,(

D YES lYJ NO

If yes, please provide further explanation:

65

.. . ..

I hereby certify that the information included on this form is complete, true and accurate to the best of my knowledge and belief. I understand that either myself or the organization to which this form applies may be subject to sanctions and/or penalties as set forth in the ethics ordinance if any information has been falsified or omitted.

Name (Please Print) Title

y . Signature Date

66

OPtD· KL

ACQRo· CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY)

~( 12118/2015 THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).

.Extl:

PRODUCER Brady Insurance Agency I r~ No]: 4741 24 Mile Rd ShelbyTwp, Ml48316 ~~rli:ss: Brady Insurance

CUSTDMERIO f: RSCON-1 INSURER(S) AFFORDING COVERAGE NAICI

INSURED R S Contracting Inc INSURER A: Citizens Insurance Company 31534 9276 Marine City Hwy. INSURER B: Accident Fund Company 10166 Casco, Ml 48064

INSURERC:

INSURERD:

INSURERE:

INSURERF:

COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWffHSTANDING ANY REQUIREMENT, TERM OR CONDffiON OF ANY CONTRACT OR OTHER DOCUMENT WrrH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMffS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

''r-r~ TYPE OF INSURANCE IINSR IWVD POLICY NUMBER I ~~~MWNW'YI II~~M'bTM\-1 LIMITS

GENERAL LIABILITY EACH OCCURRENCE ~

$ 1,000,000

A X COMMERCIAL GENERAL LIABILITY X ~788654953 07/01/2015 07/01/2016 • PREMISES YE~~~~~~nce 1 $. 100,00( ,..--~ CLAIMS-MADE 00 OCCUR 5,00C MED EXP (Any one person) $

:----1,000,00( PERSONAL & ADV INJURY $

:----2,000,000 GENERAL AGGREGATE $

r-2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG $ n POLICYrxr ~~g: n LOC $

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 :---- (Ea accident) A ,_!. ANY AUTO A7B-6880697 07/01/2015 07/0112016

BODILY INJURY (Per person) $

r-- ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE :---- $

~ HIRED AUTOS (PER ACCIDENT)

~ NON-OWNED AUTOS $

$

UMBRELLA LIAB ~OCCUR EACH OCCURRENCE $ 2,000,000 :----

2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ A U7B8586507 07/01/2015 07/01/2016

DEDUCTIBLE $

rx- RETENTION $ NONE $ WORKERS COMPENSATION I WCSTATU-: I JOTH· AND EMPLOYERS' LIABILITY y 1 N TORY LIMITS ER

B Afff PROPRIETORIPARTNERe<ECUllVE D ~CV6018248 03/19/2015 03/19/2016 E.L. EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? NIA

500,000 (Mandatory In NH) E.L. DISEASE. EA EMPLOYEE $

~~~'i:~~tff~~ 'S'~~PERATIONS below E.L. DISEASE· POLICY LIMIT $ 500,000

DESCRIPTION OF OPERATIONS I LOCAllONS IVEHCLES (Attach ACORD 101, Additional Remarl!s Sehedulo, If more space Is required)

Reference: co'W~~ide ~Y.emen~ Marki nar Profl{lm/#1 0~21lfj ~cpm b foHnty Departmentof o sand tsem~oltees, ecte aP.ponte 1c1as, a cit1es, townshi~s and villaMes in a om I> Coun~ are listed as Additional Insureds for G neral Llab 1ty. Coverage is Prim ry ***"See Attached*"**

CERTIFICATE HOLDER CANCELLATION

MICHDEP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

Macomb County Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

of Roads 117 South Groesbeck Hwy AUTHORIZED REPRESENTATIVE Mt Clemens, Ml48043

tv/~ ,J~l .. ,._Jit I

® 1988-2009 ACORD CORPORATION. All nghts reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD

67

68

69

70

71

72

73

One South Main * 8th Floor * Mt. Clemens, Michigan 48043 * Phone (586) 469-7001 * Fax (586) 469-7257

Mark A. HackelMacomb County Executive

Mark F. Deldin Deputy County Executive

December 23, 2015

David Flynn, Chair and Members of the Macomb County Board of Commissioners One S. Main, 9th Floor Mt. Clemens, MI. 48043

Re: Five Year Capital Plan

In accordance with Section 8.6.2 of the County Charter, I am pleased to submit to the Board the five year capital plan for the years 2016 through 2020. The capital plan serves as a long-term planning tool that will enable the County to properly assess, develop, replace, improve and maintain its land, buildings and technological infrastructure. The preparation of the capital plan is critical to ensuring that the County can continue to deliver services to the public in the most efficient and cost effective manner. Projects included in the plan are classified into the following three categories:

Repair or Replacement of Existing Buildings and Equipment - The projects included in this category include renovations at the three buildings at the downtown campus as well as the replacement of critical components of the heating, cooling and electrical systems in many of the buildings owned by the County, much of which is 40-50 years old.

Ongoing Maintenance of Existing Buildings and Equipment - The projects included in this category address ongoing maintenance of items such as roofs, parking lots, carpeting and flooring.

Technology Systems and Infrastructure - Technology is playing an increasingly larger role in how citizens, visitors, businesses and employees conduct business with the County. Therefore, it is critical that the County maintain and continually upgrade its technological infrastructure. Projects included in this category include server and storage space upgrades, software and operating system upgrades and a hardware replacement program that will ensure that desktop devices such as PCs, laptops and printers are replaced at least every five years. It is also critical that the County develop E-Service delivery opportunities to meet growing demand for online services that will lower costs as well as improve service delivery, operational management, and organizational collaboration.

The plan identifies $115.8 million in projects to be financed over the next five years using existing fund balance reserves in the Capital Improvement Fund, anticipated insurance proceeds and contributions from the General Fund as outlined in the plan.

Sincerely,

Mark A. Hackel Macomb County Executive

74

SCHEDULE I - PROJECTS

AnticipatedCost PY Spent Current Plan 2016 2017 2018 2019 2020

Macomb County, MichiganFive Year Capital Plan

2016 - 2020

DESCRIPTION

Funding RequirementsStatus

1 Central Campus Renovations 64,700,000$ 13,000,000$ 51,700,000$ 37,500,000$ 14,200,000$ -$ -$ -$ 2 Admin Building Chiller Replacement 175,000 - 175,000 - - - 175,000 - 3 Animal Shelter HVAC Renovation 65,000 - 65,000 - - - - 65,000 4 Sheriff Boathouse - Replace furnace & air conditioning 250,000 - 250,000 - 250,000 - - - 5 Old Central Receiving HVAC Rooftop Unit Replacement 250,000 - 250,000 250,000 - - - - 6 Clemens Center - HVAC Rooftop Unit Replacement (New) 375,000 - 375,000 - - - - 375,000 7 Elevator Modernization - Court/Old County Buildings 355,305 - 355,305 355,305 - - - - 8 Court Building - Air Handling Motor Replacement (7 units) (New) 750,000 - 750,000 - - - - 750,000 9 Wertz Warehouse Gas Main Replacement 350,000 4,060 345,940 345,940 - - - - 10 Wertz Warehouse Roof Top Unit/Gas Main Replacement 200,000 - 200,000 200,000 11 Independence Building - HVAC Renovations/Restroom Renovations 475,000 175,000 300,000 - - - 300,000 - 12 Jail - Renovate Max Sec, Old D Block, Rehab Final Phase 12,000,000 9,600,000 2,400,000 2,400,000 - - - - 13 Jail - Mechanical Upgrades 2,350,000 375,000 1,975,000 400,000 500,000 400,000 400,000 275,000 14 Jail - Renovate Former Dispatch Area (New) 450,000 - 450,000 450,000 - - - - 15 Jail - Shower Replacements (New) 560,000 - 560,000 560,000 16 Juvenile Court - Replace VAV Boxes 150,000 - 150,000 - - - - 150,000 17 Juvenile Justice Center - Compressor Replacement 300,000 - 300,000 - - 300,000 - - 18 Majestic Center - Replace Roof Top Unit 400,000 - 400,000 - - - - 400,000 19 Medical Examiner's Office - Security/Safety Upgrades (New) 210,000 - 210,000 210,000 - - - - 20 Mt Clemens Health Building HVAC Replacement 1,775,000 - 1,775,000 275,000 1,500,000 - - - 21 Probate Court Deck and Egress Component Replacement 200,000 - 200,000 200,000 - - - - 22 Probate Court Rooftop Unit Replacement 500,000 - 500,000 - - - 500,000 - 23 Romeo Court Building - Replace Rooftop Unit 250,000 - 250,000 - - 250,000 - - 24 Southeast Health HVAC Replacement 1,000,000 - 1,000,000 - - 1,000,000 - - 25 Southeast Health Restroom Upgrades 500,000 - 500,000 - - 500,000 - - 26 Verkuilen Building - Mechanical Upgrade 950,000 10,000 940,000 750,000 100,000 90,000 - - 27 Verkuilen Building Restroom Upgrades 750,000 - 750,000 - - 750,000 - - 28 Building Management System 1,750,000 26,400 1,723,600 350,000 350,000 350,000 350,000 323,600 29 Mechanical/Electrical/Plumbing/Underground Utilities Contingency 2,000,000 - 2,000,000 400,000 400,000 400,000 400,000 400,000 30 Electrical Transformer Replacement/Upgrade 150,000 15,000 135,000 135,000 - - - - 31 Elevator Replacements/Upgrades 2,300,000 - 2,300,000 600,000 600,000 600,000 500,000 - 32 Energy Conservation Projects 2,200,000 110,000 2,090,000 1,600,000 300,000 190,000 - - 33 Lift Station Replacement 250,000 - 250,000 - - 250,000 - - 34 800Mhz Radio System Upgrade (New) 9,687,066 - 9,687,066 8,234,000 1,453,066 - - - 35 Powerhouse Upgrade 4,171,178 2,371,178 1,800,000 1,800,000 - - - -

112,798,549 25,686,638 87,111,911 56,815,245 19,653,066 5,080,000 2,625,000 2,938,600

75

SCHEDULE I - PROJECTS

AnticipatedCost PY Spent Current Plan 2016 2017 2018 2019 2020

Macomb County, MichiganFive Year Capital Plan

2016 - 2020

DESCRIPTION

Funding RequirementsStatus

ONGOING MAINTENANCE PROJECTS1 Carpeting/Floor Covering 1,500,000 - 1,500,000 300,000 300,000 300,000 300,000 300,000 2 Court Building - Exterior Seal 500,000 - 500,000 250,000 - 250,000 - - 3 Parking Lot Resurfacing 2,800,000 - 2,800,000 700,000 600,000 500,000 500,000 500,000 4 Roofing Maintenance 1,850,000 - 1,850,000 325,000 250,000 475,000 500,000 300,000 5 Tuckpointing 2,200,000 - 2,200,000 600,000 400,000 400,000 500,000 300,000 6 Hazardous Materials Abatement 2,000,000 - 2,000,000 600,000 500,000 300,000 300,000 300,000 7 Miscellaneous Remodeling 1,500,000 - 1,500,000 300,000 300,000 300,000 300,000 300,000

12,350,000 - 12,350,000 3,075,000 2,350,000 2,525,000 2,400,000 2,000,000

TECHNOLOGY & EQUIPMENT PROJECTS1 Hardware Replacement 1,694,000 - 1,694,000 755,000 284,000 295,000 205,000 155,000 2 Infrastructure Upgrades (storage, backup power, etc) 3,715,000 - 3,715,000 1,490,000 665,000 520,000 520,000 520,000 3 Upgrade/Replacement 3,685,000 - 3,685,000 665,000 745,000 765,000 745,000 765,000 4 Projects 6,774,800 - 6,774,800 3,734,300 960,000 934,500 196,000 375,000 5 Contingency 500,000 - 500,000 100,000 100,000 100,000 100,000 100,000

16,368,800 - 16,368,800 6,744,300 2,754,000 2,614,500 1,766,000 1,915,000

Grand Total 141,517,349$ 25,686,638$ 115,830,711$ 66,634,545$ 24,757,066$ 10,219,500$ 6,791,000$ 6,853,600$

2016 2017 2018 2019 2020Fund Balance Forward From Prior Year 35,124,334$ 1,254,355$ 2,547,289$ 2,352,789$ 3,586,789$ Bond proceeds - - - - - Insurance proceeds 1,000,000 - - - - Federal, State and Local Funds 3,587,263 50,000 25,000 25,000 25,000 General Fund Contribution 28,177,303 26,000,000 10,000,000 8,000,000 6,000,000

Total Funding Available 67,888,900 27,304,355 12,572,289 10,377,789 9,611,789 Less: Current Year Projects (66,634,545) (24,757,066) (10,219,500) (6,791,000) (6,853,600)

Balance Forward to Subsequent Year 1,254,355$ 2,547,289$ 2,352,789$ 3,586,789$ 2,758,189$

Schedule II - Funding SourcesYear

76

SCHEDULE I - PROJECTS

AnticipatedCost PY Spent Current Plan 2016 2017 2018 2019 2020

Macomb County, MichiganFive Year Capital Plan

2016 - 2020

DESCRIPTION

Funding RequirementsStatus

Schedule III - IT Projects Detail (Projects new in this plan highhlighted in red)Animal Control Licensing need to sell dog licenses in Vet Clinics throughout Macomb County 40,000$ 40,000 40,000$ -$ -$ -$ -$ Board of Commissioners Automated Agenda & Minutes System to manage board and committee

ti75,000 50,000 25,000 25,000 - - - -

Board of Commissioners Replace existing AV hardware and systems, including intercom 60,000 60,000 60,000 - - - - Clerk/Register of Deeds Salesforce.com subscription ($65 x 12 users x 12 months) 9,400 9,400 9,400 - - - - Clerk/Register of Deeds Square standards for card readers to complete credit card transactions 5,000 5,000 5,000 - - - - Clerk/Register of Deeds Mapping software 5,000 5,000 5,000 Clerk/Register of Deeds Kiosks for Qmatic expansion (3 total) 46,500 46,500 46,500 - - - - Clerk/Register of Deeds Qmatic Text Module to implement the sending of text messages from

O h t22,000 22,000 22,000 - - - -

Clerk/Register of Deeds Interactive Voice Response (IVR) System 30,000 30,000 30,000 - - - - Circuit Court E-filing system expansion and Workflow Licenses 250,000 175,000 75,000 75,000 - - - - Circuit Court E-filing: OnBase Compliance Reporting Software and file security 80,000 80,000 80,000 - - - - Circuit Court Docket Display for case information on public monitors in courthouse 150,000 150,000 150,000 - - - - Circuit Court Court Digital AV Arraignment & Proceedings system standardization, upgrade

d i500,000 150,000 350,000 350,000 - - - -

Circuit Court Court Imaging 150,000 150,000 30,000 30,000 30,000 30,000 30,000 Circuit Court Employee Time Tracking System required by law to track employee time worked 20,000 20,000 20,000 - - - - Circuit Court Courtview enhancements that are in constant demand 175,000 175,000 50,000 50,000 25,000 25,000 25,000 Circuit Court Courtroom Smart Podiums 64,000 64,000 64,000 - - - - Circuit Court Courts hardware and software, including printers, scanners, survey monkey,

t39,000 39,000 35,000 1,000 1,000 1,000 1,000

Circuit Court Training Room hardware 20,000 20,000 20,000 - - - - Corporation Counsel Litigation Tracking System to manage contacts, litigation, and records 30,000 30,000 30,000 - - - - Emergency Management Replace laptops purchased with grant funding 7,000 7,000 - 7,000 - - - Equalization Microsoft Surface Tablet for field work 2,500 2,500 2,500 - - - - Executive Smart Board for conference room 4,000 4,000 4,000 - - - - Executive Monitors and Camera 2,000 2,000 2,000 - - - - Facilities and Operations Tablets with docking stations/ruggedized cases (15 total in 2016; 20 total in

2017)91,000 91,000 39,000 52,000 - - -

Finance IFAS Upgrade 27,500 27,500 27,500 - - - - Health Dept. Environmental Health Document Imaging 125,000 125,000 25,000 25,000 25,000 25,000 25,000 Health Dept. Morgue Imaging 20,000 20,000 - - 20,000 - - Health Dept. M&M Licenses for more users added annually as demand increases 95,000 95,000 15,000 20,000 20,000 20,000 20,000 Health Dept. Patient Portal Phase 3; Enables appointment setting with numerous Health

di i i30,000 30,000 15,000 15,000 - - -

Health Dept. Community Health System to track health data 30,000 30,000 30,000 - - - - Health Dept. Health Risk Assessment System 35,000 35,000 - 35,000 - - - Health Dept. HL7 Lab Interface with State; To send/receive lab orders electronically 25,000 25,000 12,500 - 12,500 - - Health Dept. HL7 Lab Interface with Quest; To send/receive lab orders electronically 12,500 12,500 - 12,500 - - - Health Dept. MCIR HL7 Bi-Directional Interface 12,500 12,500 - 12,500 - - - Health Dept. Consolidated Services Assessment; Interface from M&M; 2 @ $12,500

(M L /St t )55,000 55,000 - 55,000 - - -

Health Dept. Death Record Software; Replace existing system 35,000 35,000 35,000 - - - - Health Dept. Septic Tablet Project; Hardware and software for mobile implementation 145,000 145,000 145,000 - - - - Health Dept. Epayment; Receipt into M&M VHN system for Medicaid remittance 5,000 5,000 5,000 - - - - Health Dept. Direct Messaging module implementation for exchanging personal data 6,000 6,000 6,000 - - - - Health Dept. Vision and Hearing Module in Visual Health Net system to replace old system 60,000 60,000 60,000 - - - - Health Dept. Visual Health Net System Upgrade 100,000 100,000 20,000 20,000 20,000 20,000 20,000 Health Dept. Clinical Data Registry for Meaningful Use compliance 20,000 20,000 20,000 - - - - Health Dept. Meaningful Use compliance contingency 100,000 100,000 - 25,000 25,000 25,000 25,000

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SCHEDULE I - PROJECTS

AnticipatedCost PY Spent Current Plan 2016 2017 2018 2019 2020

Macomb County, MichiganFive Year Capital Plan

2016 - 2020

DESCRIPTION

Funding RequirementsStatus

Human Resources Upgrade and New Implementations; to be determined scope 100,000 100,000 - 50,000 50,000 - - Juvenile Justice Center Kiosks for central locations for staff to input data 10,000 10,000 10,000 - - - - MCCSA Head Start Routing Software; Routing software for busses 25,000 25,000 25,000 - - - - Planning & Economic D l t

Video conferencing equipment 10,000 10,000 10,000 - - - - Prosecutor Prosecutor E-Filing; Automates the Prosecutor's workflow 750,000 200,000 550,000 550,000 - - - - Public Works Accela System Mobile Expansion 2,400 2,400 2,400 - - - - Public Works Fiber connection to remote location 10,000 10,000 10,000 - - - - Sheriff Offendertrak Jail Management System Replacement 1,000,000 1,000,000 - 500,000 500,000 - - Sheriff Sheriff Report Conversion and Application Development 100,000 100,000 100,000 Sheriff Mobile Data Computer replacements 320,000 320,000 80,000 - 156,000 - 84,000 Sheriff Car modem replacements 60,000 60,000 - - - - 60,000 Sheriff In car printers 70,000 70,000 35,000 - - - 35,000 Sheriff Body camera video storage 1,000,000 1,000,000 1,000,000 - - - - Sheriff Expansion of 9-1-1 Call Center 78,000 78,000 78,000 - - - - Sheriff Scanning Records for paperless initiative and workflow implemented 110,000 110,000 110,000 - - - - Sheriff Interview Room Hardware 50,000 50,000 50,000 - - - - Sheriff Tablets for SET Division for LEIN Talon queries 5,000 5,000 5,000 - - - - Sheriff Dragon Speak software 1,500 1,500 1,500 - - - - Sheriff New World System Enhancements; To be determined scope. 250,000 250,000 50,000 50,000 50,000 50,000 50,000 Treasurer Monitors and iPads for field workers in Land File 7,000 7,000 7,000 - - - -

6,774,800$ 575,000$ 6,199,800$ 3,734,300$ 960,000$ 934,500$ 196,000$ 375,000$

78

County of Macomb, Michigan Five Year Capital Plan – Project Descriptions

2016 - 2020

BUILDING REPAIR & REPLACEMENT PROJECTS

1. Central Campus Renovations The County had a Long Term Space Program/Facility Assessment conducted by Plante Moran Cresa in 2013. This assessment was conducted in response to requests for more efficient utilization of space from several elected officials and Department Heads, as well as the need to assess space in the County Building due to a fire that occurred in April 2013. As a result of the assessment, renovations to the Central Campus were approved. The scope of the Central Campus Renovations includes several floors in the Court Building, complete renovation of the County Building, renovating several floors in the Administration Building (including the unfinished floors), renovating the Talmer Building, renovating portions of the Clemens Center, construction of a new parking deck and welcoming center and turning the land previously occupied by the old parking structure back to public use. The current cost of the project is estimated at $64,700,000.

2. Administration Building Chiller Rebuild The Chillers are a major component of the air conditioning system. Due to age, hours and starts, it is anticipated they will need to be rebuilt in order to minimize untimely failures. The project is scheduled for 2019 at an estimated cost of $175,000.

3. Animal Shelter Rooftop Unit Replacement This rooftop unit is at the end of its useful life and is need of replacement. This unit serves the office/restroom area. The project is scheduled for 2020 at an estimated cost of $65,000.

4. Sheriff Boathouse – Replace furnace and air conditioning This system is over 25 years old and is at the end of its useful life. The new system will have new VAV (Variable Air Volume) boxes and ductwork with fresh air intakes and exhaust, separating the garage from the office area. Integrating this building to our Building Management System will allow for better efficiency and control. This estimated cost of this project is $250,000 and is scheduled for 2017.

5. Old Central Receiving HVAC Rooftop Unit Replacement (1 Unit) The rooftop unit is a major component of the HVAC system and supplies the main storage are (11,000 square feet). The unit is approximately 40 years old and is in need of replacement. This project is scheduled for 2016 at an estimated cost of $250,000.

6. Clemens Center – HVAC Rooftop Unit Replacement The rooftop unit is a major component of the HVAC System. The Clemens Center is equipped with a number of rooftop units. Due to the age we are anticipating replacements. These units serve the 32 Market Street area. The estimated cost of this project is $375,000 and is scheduled for completion in 2020.

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County of Macomb, Michigan Five Year Capital Plan – Project Descriptions

2016 - 2020

BUILDING REPAIR & REPLACEMENT PROJECTS (continued)

7. Elevator Modernization – Court/Old County Buildings The two electric cars in the County Building were installed in early 1970’s. Minor upgrades have occurred to these elevators over the years to comply with ADA. Due to their age, along with usage, these elevators were unreliable with entrapments occurring. This project was started in 2013 at an estimated cost of $947,000 and was substantially completed at the time of the fire in the Old County Building in April 2013. The replacement/upgrade of the second elevator in the Old County Building was suspended at the time of the fire and will be completed towards the end of the County Building Renovation Project in 2016 at a remaining estimated cost of $355,305.

8. Court Building – Air Handling Motor Replacement (7) Due to age, the replacement of the motors and steam/chilled water coils to prevent disruptions in service is recommended. Also, installation of frequency drives in order to maximize electrical savings. The estimated cost for this project is $750,000.

9. Wertz Warehouse Rooftop Unit/Gas Main Replacement (Food Program Area) Due to new State regulations regarding food storage, the temperature within the food warehouse must be maintained to specific guidelines; therefore, a new rooftop unit and gas lines for both heating & cooling would be installed. The old inefficient tube heating system would be removed. Replacement of the gas line has been completed. The remaining cost of this project is $345,940.

10. Wertz Warehouse Roof Top Unit Replacement (Office Area) The roof top equipment will be approaching the end of its service life and replacement is anticipated to minimize untimely failures. The estimated cost of this project is $200,000.

11. Independence Building – HVAC Renovations/Restroom Renovations The indoor/outdoor restroom facilities are served by a HVAC system that was installed in 2001. The new unit will be energy efficient and will be tied to the Building Management System. Total cost of the project is estimated at $300,000.

12. Jail Renovation – Old D Block The work in the final phase involves the installation of new showers with new toilet/water closet combo units, painting, new fire rated doors in selected areas, new secure doors in cells with handicap fixtures, extension of fire sprinkler system to a new fire separation area, upgraded fire alarm system and new lighting. This project will also include work in the MS and Rehab areas. The remaining cost of this project is estimated at $2,400,000 and is scheduled for completion in 2016.

13. Jail – Mechanical Upgrades The Jail Facility is comprised of the following sections: MS – D Block, Rehabilitation Center, Tower and Annex. The age of the various sections range from 1950’s to 2000’s. The facility has various mechanical systems throughout these sections. This plan would provide for the upgrade/replacement of various components of the mechanical systems over the next five years. The following is a sample of the items that are to be addressed over the five year period due to these components reaching the end of their service life: (1) Replace Cooling Tower and Pump – Rehabilitation Center, (2) Replace A/C Chillers and Pumps serving the Tower and (3) Replacement of HVAC Unit – Rehabilitation Center. For bidding purposes, the 2016 improvements would be included in the D-Block renovations (final phase). The cost of these projects is estimated at $1,975,000 over the next five years.

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County of Macomb, Michigan Five Year Capital Plan – Project Descriptions

2016 - 2020

BUILDING REPAIR & REPLACEMENT PROJECTS (continued)

14. Jail – Renovate Former Dispatch Area When Dispatch relocated to the COMTEC Building in August of 2104, the Sheriff’s Department conducted an assessment of their needs and requires additional support services office space and additional interview rooms to take citizen complaints and interrogate suspects as needed. State laws require video recording of certain suspects being interviewed. The two current interview rooms do not provide ample space and do not have adequate soundproofing. For bidding purposes, the 2016 improvements would be included in D-Block Renovations (final phase). The cost of this project is estimated at $450,000.

15. Jail – Shower Replacements The existing showers in the Tower are made of stainless steel. Over the past several years the showers are cracking at the seams. We have been welding these showers. The welding seams are starting to show signs of cracking. In order to extend the life of the Tower, we are recommending replacement. For bidding purposes, the 2016 improvements would be included in D-Block Renovations (final phase). The cost of this project is estimated at $560,000 and is scheduled for 2016.

16. Juvenile Court – Replace VAV Boxes Project to replace outdated mixing boxes to units that are capable of interfacing to the Building Management System. This project is to be completed in phases using in-house labor. The cost of this project is estimated at $150,000 and is scheduled for 2020.

17. Juvenile Justice Center – Compressor Replacement Due to the age of the compressors (2) we would anticipate replacement to minimize untimely failures. The cost of this project is estimated at $300,000 and is scheduled for 2018.

18. Majestic Center – Replace Roof Top Unit The Rooftop equipment will be approaching the end of its service life and we would anticipate replacement to minimize untimely failures. The cost of this project is estimated at $400,000 and is scheduled for 2020.

19. Medical Examiner’s Office – Security/Safety Upgrades Upon the completion of a professional security and vulnerability assessment, security upgrades have been recommended. Security upgrades include the installation of a security fence with electronic gates, installation of key fobs for internal doors, installation of video security system, an attached garage so investigations can occur out of public view in a controlled, secured area. The estimated cost of this project is $210,000 and is scheduled for 2016.

20. Mount Clemens Health Building HVAC Replacement The HVAC system consists of five (5) air handling units, two (2) dating back to the 1960’s and three (3) were installed in the 1984 renovation along with an air conditioning water chiller. Steam is supplied from two (2) boilers in Martha T. Berry via underground lines. The replacement will consist of five (5) rooftop units with heat and A/C, a small hi-efficiency boiler and circulating pump would supply heat to the remaining perimeter heating system. The control system will be replaced with a D.D.C. control system which will be integrated into the Building Management System. Also included are modifications to the entrance and landscape area. The project is scheduled to begin in 2016 at a cost of $1,775,000.

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County of Macomb, Michigan Five Year Capital Plan – Project Descriptions

2016 - 2020

BUILDING REPAIR & REPLACEMENT PROJECTS (continued)

21. Probate Court Deck and Egress Component Replacement The concrete on the porch deck is showing signs of deterioration where the railing system is attached and requires replacement. The project is scheduled to begin in 2016 at a cost of $200,000.

22. Probate Court Rooftop Unit Replacement

The rooftop HVAC units servicing the Probate Court Building will be reaching the end of their useful service life and we would anticipate replacement to minimize untimely failures. The project is scheduled for 2019 at an estimated cost of $500,000.

23. Romeo Court Building – Replace Rooftop Units Romeo Court is serviced by two HVAC rooftop units. These units will be approaching the end of their useful service life. We would anticipate replacing these units to minimize untimely failures. The cost of this project is estimated at $250,000 and is scheduled for 2018.

24. Southeast Health HVAC Replacement The HVAC system, installed in the 1970’s, consists of six (6) air handling units, each with a standalone condenser. The units are out dated and contain R-22 refrigerant, which is being phased out in the industry. Each HVAC unit will be replaced with a rooftop heating/cooling unit. The control system will be replaced with a DDC system integrated into the Building Management System. The start date changed due to relocation of personnel during the HVAC Renovation Project to take place at the Mount Clemens Health Department Building. This project is scheduled for 2018 at a cost of $1,000,000.

25. Southeast Health Restroom Upgrades The Southeast Health Center was renovated in the early 1980’s. Due to age, the counter surface is faded and/or worn. Renovating these restrooms would allow for incorporating energy and water saving features. Work to occur in 2018 at an estimated cost of $500,000.

26. Verkuilen Building – Mechanical Upgrade The original portion of the building was constructed in the late 1970’s. The mechanical system in portions of the original building has been upgraded over the years. This project will upgrade the remaining portion of the original building including the replacement of the HVAC rooftop unit in the area occupied by Senior Citizens, the replacement of two A/C chillers in Suite D and the replacement of various VAV boxes. This project is scheduled for implementation over the course of four years, beginning in 2015, at an estimated cost of $950,000.

27. Verkuilen Building Restroom Upgrades

The Verkuilen Building restrooms are for the most part from the original construction in the late 1970’s and the addition in the late 1980’s. Due to age, the counter surface is faded and/or worn and fixtures are deteriorating. Renovating these restrooms would allow for incorporating energy and water saving features. For bidding purposes, may combine with Mechanical Upgrades in 2018 at an estimated cost of $750,000.

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County of Macomb, Michigan Five Year Capital Plan – Project Descriptions

2016 - 2020

BUILDING REPAIR & REPLACEMENT PROJECTS (continued)

28. Building Management A Building Management System is a computer-based control system installed in buildings that can control and monitor the building’s mechanical and electrical equipment such as ventilation, lighting and power systems. The Building Management System consists of software and hardware. The core function of the system is to manage the environment within the buildings. This system controls heating and cooling, manages the systems that distribute this air throughout the building (operating fans or opening/closing dampers) and then locally controlling the mixture of heating and cooling to achieve a desired room temperature. Our Building Management System is Automated Logic with WEBCTRL. This system is operated by County Boiler/Refrigeration Operators. The total cost of the system is estimated at $1,723,600 over the next five years.

29. Mechanical/Electrical/Plumbing/Underground Utilities Contingency These funds would be utilized on an as needed basis to address emergency repairs/replacement of major components of the electrical equipment, mechanical, plumbing and underground utility lines. A budget of $400,000 has been established for each year of this plan.

30. Electrical Transformer Replacement/Upgrade Transformers throughout the County facilities are monitored for signs of damage, leakage and content of PCB’s. Due to age and condition, transformers will require replacement and/or upgrade. A total of $135,000 is estimated for 2016.

31. Elevator Replacements/Upgrades Conduct an elevator assessment for the elevators located in various County facilities. Based upon the assessment, upgrades would be initiated. The total cost of this project is estimated at $2,300,000.

32. Energy Conservation Projects Funds to be utilized to focus on projects to save energy such as lighting, temperature controls, sensors, reduction in natural gas and the conservation of water in order to reduce utility costs. A sampling of projects are the installation of additional LED and/or induction light for exterior lighting, continued replacement of T-12 ballasts to T-8 and/or T-5 in some applications. The County will continue to pursue grant opportunities and apply for rebates, where available. This project began in 2012 and is scheduled to continue over the course of the next three years, at an estimated cost of $2,090,000.

33. Lift Station Replacement The sewage lift station pumps sewage from the Jail, Health Department and Martha T. Berry up to the Mount Clemens sewage system. This project would allow for the periodic evaluation of the condition of the pit, controls, pumps and shredders, etc. and implement any upgrades necessary based upon the evaluation. This project is scheduled for 2018 and 2019 at an estimated cost of $250,000.

34. 800Mhz Radio System Upgrade The purpose of this project is to improve the County’s 800Mhz radio system infrastructure and dispatch communications in order to provide increased radio interoperability between public safety departments in the County. The project calls for a) the installation of five (5) new radio towers and associated infrastructure in the northern sections of the County and the City of Warren, b) a fire paging solution for the fire departments in the northern areas of the County, c) radio equipment for the City of Warren to join the 800Mhz system and d) dispatch consoles for the Sheriff Department. The total estimated cost for this project is $9,687,066, of which $3,509,763 will be funded by state and local funds.

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County of Macomb, Michigan Five Year Capital Plan – Project Descriptions

2016 - 2020

BUILDING REPAIR & REPLACEMENT PROJECTS (continued)

35. Powerhouse Upgrade Electrical service is delivered to the service center site through two 13.2 KV primary feeders that were installed in 1976. There are also two 2,500 KVA isolation transformers located adjacent to the powerhouse, reducing voltage from 13.2 KV to 4.8 KV. The two 4.8 KV feeders are distributed underground to the primary switchgear in the powerhouse. The primary switchgear is from the late 1950’s and early 1960’s with additional primary switches installed over the years. This project will replace and/or upgrade switchgear as well as test and replace feeders where necessary. The primary switchgear serves the Jail, Martha T. Berry, Probate Court, Health Department, Juvenile Court, Verkuilen Building, Morgue, Juvenile Justice Center and Emergency Operations Center (old Central Receiving). This project is scheduled for completion in 2016 at an estimated remaining cost of $1,800,000.

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County of Macomb, Michigan Five Year Capital Plan – Project Descriptions

2016 - 2020

ONGOING BUILDING MAINTENANCE PROJECTS

1. Carpet/Floor Covering Replacement Program These funds are utilized on an as needed basis based upon the condition of the particular floor covering. Also, as renovations occur, carpet and/or floor covering may be necessary due to the reconfiguration of offices, change of use and/or the inability to patch existing material. A budget of $300,000 per year has been established for each year included in this plan.

2. Court Building – Exterior Seal The architectural precast façade on the Court Building began to experience deterioration in 1978. Core samples were removed and analyzed. The laboratory testing confirmed insufficient fine aggregate and entrained air in the precast mix, which results in the precast being susceptible to water intrusion. These funds will be utilized for periodic testing and to repair areas that have deteriorated as well as the periodic application of sealant. A budget of $500,000 has been established for the years 2016-2020.

3. Parking Lot/Sidewalk Resurfacing These funds are used as needed to resurface deteriorated areas of parking lots, maintenance, (catch basin repairs), filling cracks to prevent water intrusion, sidewalk repairs, curbing, etc. A budget of $2,800,000 has been established for the years 2016-2020.

4. Roofing Maintenance The roofing systems of all County-owned buildings are inspected on an annual basis to ascertain overall condition and service life. This inspection is of the flashings, perimeter edges, and for signs of blistering, ridging and splits. Based upon the inspections performed, corrective work is performed. A budget of $1,850,000 has been established for the years 2016-2020.

5. Exterior Envelope Repair (Tuck Pointing) Periodic inspections are conducted on the exterior surfaces of the building envelope. Based upon the results of the inspection, repairs to the masonry and/or exterior surfaces are necessary. These funds would address any tile field issues, waterproofing, etc., brick replacement work and tuck pointing. A budget of $2,200,000 has been established for the five years covered in this plan.

6. Hazardous Materials Abatement Funds will be utilized to pay for the cost of surveying, testing, removal and disposal of hazardous materials discovered as older facilities are repaired or remodeled. A budget of $2,000,000 has been established for the five years covered by this plan.

7. Miscellaneous Remodeling The purpose of this project is to cover the expenses of remodeling projects necessitated by a change in the function of the current space, changes in manpower requiring floor plan modifications and/or changes required in order to adapt to changes in the delivery of County services to the public and to improve the general appearance of areas within the County facilities. A budget of $1,500,000 has been established for the five years of this plan.

85

County of Macomb, Michigan Five Year Capital Plan – Project Descriptions

2016 - 2020

TECHNOLOGY AND EQUIPMENT PROJECTS

1. Hardware Replacement

Funding will be used to ensure that all end user hardware is no more than 5 years old. This would include PCs, laptops, printers, scanners, sealers, desk phones, thin client devices, and any other new devices that may replace this equipment. The estimated cost of this program is $1,694,000 over the next five years.

2. Infrastructure Upgrades Funding will be used to upgrade or replace items such as network servers, switches, routers, and fiber and universal power supply batteries. Funding in the amount of $3,715,000 over the next five years is provided for in this plan.

3. Application Software Upgrade/Replacement Funding would be utilized for a variety of operating system software upgrades and replacements, including upgrading all PCs to Windows 7 and the standard office suite from Microsoft Office 2003 to Microsoft Office 2010, as well as a document management system to manage the electronic storage of data. Total cost is estimated at $3,685,000 over the next five years.

4. Projects Funding will be utilized to upgrade software applications used by various departments throughout the County. Funding in the amount of $6,774,800 has been provided in this capital plan. A list of the projects planned is included on the following pages of this document.

5. Contingency A contingency fund of $500,000 per year is established to address any important projects that arise that are currently unknown. This would accommodate not only projects in the IT Department but technology projects for any County department.

86

i0 1 < . . 'f1,C'fi1G ,.~

Mark A. Hackel County Executive

To:

From:

Subject:

Date:

CORPORATION COUNSEL 1 South Main St., 8th Floor

Mount Clemens, Michigan 48043 Phone: (586) 469-6346 +Fax: (586) 307-8286

MEMORANDUM

Board of Commissioners

JillK.~ Assistant@oration Counsel

Capital Improvement Plan

January 19, 2016

Corporation Counsel John A. Schapka

Assistant Corporation Counsel Frank Krycia Jill K. Smith

Robert S. Gazall

You have requested an opinion regarding what is the appropriate action, if any, to be taken by the Board of Commissioners upon receipt of the proposed Capital Improvement Plan from the County Executive.

Section 8.6.2 of the County Charter requires the County Executive to submit to the Board of Commissioners, at least annually, a proposed long-range capital improvement program. That section of the Charter does not require Board action on the proposed plan. Similarly, Section 4.4 of the Charter does not require Board action on the plan.

The capital improvement program is basically a prioritization of projects for future consideration. The Board may take action once a decision has been made to act on a particular part of the proposed plan and has the authority to approve any contracts relating to the plan . However, until a specific project is brought to the Board, there is no action for the Board to take. Therefore it is my opinion that the appropriate action by the Board upon receipt of the proposed capital improvement plan is to "receive and file" it.

If you have any further questions, please feel free to contact me.

87