1

WORK PLAN

Calhoun County, the City of Battle Creek, and Emmett Township enter into this Work
Plan Agreement (Work Plan) with an effective date as of the last date of execution by all three
parties.
WHEREAS, the parties entered into an Intergovernmental Agreement for Big Marsh
Intercounty Drain, (as amended) with an effective date of April 16, 2014 (Agreement), and
WHEREAS, the parties did, pursuant to said Agreement, agree to enter into this Work
Plan to set forth their relative rights, responsibilities and obligations relative to the work to be
performed as set forth herein; and
WHEREAS, the proposed Big Marsh Intercounty Drain District (Drainage District), by
and through its Drainage Board, will rely on this Work Plan as the basis for repair, maintenance,
and improvement work by the parties within the Drainage District to adequately provide for the
management of storm water runoff in the Drainage District;

NOW THEREFORE the parties agree as follows:
1. The parties agree that, other than as specifically set forth herein, the work to be
performed pursuant to this Work Plan shall commence within one (1) year of the effective date
of this Work Plan and shall be completed and in service within three (3) years of the effective
date of this Work Plan.
2. The work to be performed by the parties pursuant to this Work Plan is specifically
made contingent upon the City of Battle Creek being granted the appropriate permits to allow the
completion of the work on the Lynwood Drive bypass channel as set forth in Exhibit A.
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3. All work proposed to be undertaken as set forth herein and all entities and
individuals proposed to perform work within the proposed Drainage District shall be acceptable
to the Engineer for the Drainage Board.
4. All work to be performed shall be in accordance with plans and specifications
approved by the Drainage Board and the Engineer for the Drainage Board prior to the
commencement of construction, with a focus on sizing and material selection as opposed to style.
5. That after commencement of construction, any alterations or modifications to the
work to be performed, shall be approved in writing by the Drainage Board or its designated
engineer before those alterations or modifications are made.
6. That all structures and improvements made pursuant to this Agreement shall
remain held by the respective party to this agreement, subject to an easement as provided by
MCL 280.6. The parties agree and acknowledge that temporary easements will be obtained by
the County and Township to perform their work but they will not retain any permanent
easement(s) once that work is performed. The City shall be responsible for obtaining necessary
temporary easements and permanent easements (for the Lynwood Drive work) as described
herein and shall, as the owner of those improvements, be responsible for ongoing maintenance of
any improvements as set forth herein. If the City is unable to obtain easements from the property
owners and is required to obtain this authority through the condemnation process, then this shall
be taken into consideration regarding the one year commencement date for construction and
additional time shall be allowed as may be necessary.
7. The City of Battle Creek shall, from the effective date of this Work Plan
Agreement through the completion of the proposed work, be responsible for all costs, including
engineering costs for the Drainage Boards engineer as specified and limited in below paragraph
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9 (but excluding attorney fees), related to the construction of Lynwood Area Improvements as
set forth in more detail on Exhibit A.
8. Calhoun County and Emmett Township shall, from the effective date of this Work
Plan Agreement through the completion of the proposed work, be responsible for all costs
including engineering costs for the Drainage Boards engineer (but excluding attorney fees)
related to the construction of the improvements as set forth in Exhibit B. All such costs shall be
paid 90% by Calhoun County and 10% by Emmett Township. The parties agree that Drainage
Boards engineer may also serve as County and Townships Engineer relative to the work set
forth in Exhibit B and that he shall maintain separate records of time related to his work related
to the improvements set forth in Exhibit B and the work he does generally for the Drain Board
and which is not allocated as set forth herein to either the County and Township or the City. Any
such general work shall be paid for by the parties as set forth in paragraph 9. Calhoun County
and Emmett Township, and not the City of Battle Creek, shall be responsible for maintenance
and repair of the J uanita Area Improvements as detailed on Exhibit B.
9. As of December 31, 2013, the Drain Board has incurred engineering, attorney
fees, and other costs totaling One Hundred Eighty Eight Thousand One Hundred Twenty Seven
and 52/100 Dollars ($188,127.52) (previously incurred costs). All previously incurred costs,
incurred by the Drainage Board prior to the effective date of the Work Plan shall be paid as
follows: Calhoun County: 45%, Battle Creek: 45%, and Emmett Township: 10%. In the event
that other jurisdictions, entities or individuals contribute funds toward payment of these costs,
the reduction shall lower Calhoun County and Battle Creeks share equally. The parties
acknowledge that the Drain Board will have to meet at least three additional times, with its
attorney and engineer present, to 1) approve this work plan, 2) prepare for, notice, and hold a
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Hearing of Necessity, and 3) upon the completion of the work to confirm that work contemplated
by the work plan is complete. The parties anticipate that the total cost related to said meetings
are not anticipated to exceed Five Thousand Dollars ($5,000.00) and they agree to pay the costs
of any such meetings which relate generally to the entire project as set forth in the proportions
specified in this paragraph.
10. County agrees that it will replace at its sole cost the E Drive crossing the next
time improvements are made in that area, upon a determination by a licensed engineer that
structural deficiencies exist, or within ten (10) years from the effective date of this Work Plan,
whichever comes first. Calhoun County shall be solely responsible for all costs, including
engineering costs for the Drainage Boards engineer (but excluding attorney fees) related to the
construction of the E Drive Crossing Improvements, as well as all repair and maintenance.
11. This Work Plan sets forth the entire agreement of the parties relative to the work
to be performed as set forth herein and on Exhibits A and B and any amendments to this
agreement shall be set forth in writing and approved by the parties.


CALHOUN COUNTY


Dated: ___________________________________
By:
Its:

As authorized by its governing board on _________________, 2014.



STATE OF MICHIGAN )
)ss
COUNTY OF CALHOUN )

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Acknowledged by , (title) and authorized

representative of Calhoun County, before me on the ___ day of _____________, 2014.


________________________Notary Public
State of Michigan, County of ____________
My Commission Expires: ______________
Acting in the County of ________________


CITY OF BATTLE CREEK


Dated: ___________________________________
By: Susan E. Bedsole
Its: Interim City Manager

As authorized by its governing board on August 19, 2014.

STATE OF MICHIGAN )
)ss
COUNTY OF CALHOUN )

Acknowledged by Susan E. Bedsole, Interim City Manager and authorized representative
of City of Battle Creek, before me on the ___ day of August, 2014.


________________________Notary Public
State of Michigan, County of Calhoun
My Commission Expires: ______________
Acting in the County of Calhoun


EMMETT CHARTER TOWNSHIP


Dated: ___________________________________
By:
Its:

As authorized by its governing board on _________________, 2014.

STATE OF MICHIGAN )
)ss
COUNTY OF CALHOUN )

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Acknowledged by , (title) and authorized

representative of Emmett Charter Township, before me on the ___ day of _____________, 2014.


________________________Notary Public
State of Michigan, County of ____________
My Commission Expires: ______________
Acting in the County of ________________

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EXHIBIT A WORK TO BE PERFORMED BY CITY OF BATTLE CREEK (All references

herein are to CEI Report dated 5/6/11)


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Place a minimum of a 20 wide by 5 high concrete arch at the South Minges Road
crossing to protect the road from 100 year storm event, decrease flow velocity, and
improve the 100 year floodplain elevation in the Lynwood area.
24
Construct a bypass channel to reduce amount of flow through the Lynwood subdivision.
This bypass channel will take the majority of the flow during a peak flow situation.
Base flow will continue to flow through the Lynwood area, the bypass channel would be
constructed between Lynwood Drive and Buckley Lane.
25
Replace the easterly Lynwood crossing with a minimum of a 12 wide by 4 high
concrete box culvert.
27
Replace the westerly Lynwood crossing with a minimum of a 12 wide by 5 high
concrete box culvert.
29
Remove the existing unused private crossing (concrete arch structure) and place a
diversion structure for the bypass channel. This structure will convey base flow and
force excess flow to the east into the bypass channel. Construct a high flow weir for
high flow events.
31
Place an additional 48 concrete circular pipe culvert at the Watkins Road crossing
location to allow the 100 year storm to pass without over topping the road. Strategically
place riprap across the westerly pipe arch to force the base flow into the easterly pipe
arch crossing. Flood flows will be allowed to use all the culverts. While this work is
being performed remove the existing sand bar (FTC&H #5). (The parties agree that this
work needs to be done only if grant funding is available, which the City will seek.)
32
Fix the sandy bank erosion (~200 feet worth) upstream of Watkins Road by channel
relocation and installation of instream structures (FTC&H #3)(The parties agree that this
work needs to be done only if grant funding is available, which the City will seek.)
33
Replace crossing with DEQ permitted structure at the Beckley Road (B Drive) crossing.
The size is closely equivalent in open end area to the existing crossing. This will keep
the flood storage provided by this crossing unchanged from existing.

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EXHIBIT B Work to be performed by Calhoun County and Emmett Township (All references
herein are to the CEI report dated 5/6/11)
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Remove approximately 700 cubic yards of soil (in place measurement) from the old
Berm downstream of J uanita. Removing this few hundred lineal feet of the berm would
allow the natural floodplain to be restored. An access drive will have to be constructed
in order for the contractor to access this area with heavy equipment.
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Stabilize outside bends for 400 feet with bioengineering from the old berm to J uanita
Drive. (the parties agree that this work need be done only if grant funding is available)
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11
(reference to installation of bridge/culverts deleted) CEI recommends completely
removing the J uanita Road Crossing. Two cul-de-sacs on either side of the stream
would be built. This would create only one dead end (off from E Drive). CEI has
mentioned this potential option to some of the residents who would be affected and they
were on board with this line of thinking.
12
Channel relocation and installation of instream stream structures such as cross vanes or
riffles (FTC&H #1). (The parties agree that this work need be done only if grant funding
is available)
14
Channel relocation and installation of instream structures (FTC&H #2) (The parties
agree that this work need be done only if grant funding is available).