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HomeMy WebLinkAboutResolutions - 1972.06.15 - 15824Miscellaneous Resolution 6067 June 15, 1972 BY: TRANSPORTATION & AVIATION COMMITTEE - Niles E. Olson, Chairman IN RE: OAKLAND-PONT1AC AIRPORT, GRANT AGREEMENT WITH FEDERAL AVIATION ADMINISTRATION TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: WHEREAS the County of Oakland is in receipt of a Federal Aviation Administration Grant Agreement, Project No. 8-26-0079-01, for the development and improvement of the Oakland-Pontiac Airport in a maximum obligation of $1,174,000.00; and WHEREAS the development project includes land; obstruction removal, site work for the installation of an Instrument Landing System; construction of a 3,250' x 75' runway designated as 9R/27L and connecting and parallel taxiways; associated lighting of the runways and taxiways; safety fencing; and extension of the terminal building apron; and WHEREAS the Airport Committee and your Transportation and Aviation Committee have reviewed and approved the grant agreement and believe it to be in the County's interest to accept the grant; NOW THEREFORE BE IT RESOLVED that the County of Oakland enter into a Grant Agreement with the Federal Aviation Administration for the purpose of obtaining federal aid for the development of the Oakland-Pontiac Airport. BE IT FURTHER RESOLVED that the Chairman of the Board of Commissioners is hereby authorized to execute said Grant Agreement on behalf of the County of Oakland, a copy of said Agreement is attached hereto. The Transportation & Aviation Committee, by Niles E. Olson, Chairman, moves the adoption of the foregoing resolution. TRANSPORTATION & AVIATION COMMITTEE - Niles E. Olson, Chairman Airport • re- Part lco Date of Gffer Oakland -Pontiac Project N. 8-26-0079-01 , • Contract No, DOT -FA -72 -GL -67 Ccnrcy or C..: icht.gan tW as tia.e . FRO.1:::: The United States of America (acting through the Fedora' Aviation hored to as the "FAA") ViiC2AS, the 7:1.as submitted to the FAA a Project Application dated 29 2„,.. rch 1972 , for a grant of Federal funds for a prn,'t for deve:op, .c.f Oakiand-Pont iac Airport Cr; F Czr: mgetoer with plans azzi :_,,pe.cific,--,ticm ,= for such project, which Pro; cct, by is hero.by and 7.7.,:3c7,2, a part horcof • tIC FAA lens ugc>rcd a project for devanarnent of the Airport (herein the foliu . 7i.nz,,--dc5c•ribe.d airport 4cveloPmarit: airporu development and :cE„ 75„ 0„ SW and W clear zones (Fee - ?arceis 4 through 42, Easements - Parcels 43AE through 53AE and 55127 through 146;,7,); obstruction re=val, relocate utilities and -;:racl-.e for ILS glide slope and localizer, Runway 95/27L; install fencing (approx. 6,500 1.C.); construct, light (m,I.) and 1,ark OLW1 91/27R (3,250 x 75% including VASI and REILS on boIh e,Ids; .:Iof..struct„ light and mark connecting and parallel taxiwa:is x L,0') (410 x 75'),and holding apron (4,175 SPY.); overlay a7,ron (aporox. 17,600 S.Y.); extend, light and mark terminal a --= (a:z.,prox 17,000 S.Y.). in the propmly breap end plans and . 0 ; hIccJ , , °OrALt-j.. 2 ) UrSE," "PREVIOUS EOrriON: Page 2 of 11 pages pursuant to and for the purpose of carrying out the pTovisions of the Air.ort and Airway ,Develr:27 Act of 1970, as !cued (49 U.S.C. 1(01), and In conoideration of (a) the Sponsor's adoption and ratification of the representa- tions and assurances contained in said Project Application, and its acceptance of this Offe7 as hereinafter Provided, and (b) the benefits to accrue to the United States and the p ,,Jblic from the accomplish:ment of the Project and the operation and ...iLintenLahce of the Airport as herein provided, TI 1T7 -7771, AVIATION ADMINIST3ATION, FOR AhD ON BEHADF OF THE UNITED STATES, HEREBY OFFER'S AND ACTRESS to pay, as the - United States' share of the allowable costs incurred in accomplishing the Project, 50 percentum thereof: PROVIDro J'7,TM3, that the United States share of the allowable cost relating to land for the MALSR shall be 82 percentum thereof. This Offer is made on and subject to the followi4g terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be $1,174,000.00 2. The Sponsor shall: (a) begin accomplishment of the Projectiwithin ninety days after acceptance of this Offer or such longer time at may be prescribed by the FAA, with failure to do so constituting just eause for termination of the obliga- tions of the United States hereunder by the FAA; ( n p) carry out and complete the Project Without undue delay and in accord- ance with the terms hereof, the Airport and Airway Development Act of 1970, and Sections 152.51 - 152.63 of the Regulations of the Federal Aviation Administration (14 CFR 152) in effect as of the date of acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations"; carry out and complete the Project in accordance with the plans and specifications and property map, incorporated herein, as they may be revised or modified with the approval of the FAA. The allowable costs of the project shall not include any costs determined . 'ay the FAA to be ineligible for consideration as to allowability under Section 152.47(b) of the Regulations. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of Sections 1p2.65- l52.7 of the Regulations. Final determination as to the allowability of the costs of the project will be made at the time of the final grant ray- cent pursuant to Section 152.71 of the Regulations Provided, that, in the event a semi-final grant payment is madepursuant to Section 152.71 of the Regulations, final determination as to the allowability of those costs to when such semi-final payment relates wil1 be made t the time of such semi-final payment. • • \ • Page 3 ofla. pages Sponsor shall operafe and maintain the airport as provided in the Ap on. incorporated heraud spctifically col,Yen, and affeas, in aceordnnee with its Assuranc.e, 4 in Part III of saicii Proer't App -Lication, that in its o pe ration and the operation of all facilities 'chereo, neicler it nor any person or organization occupying space or uriC rates hereon will disc riminate against any person or class of pcons by 1-son of race, color, creed or national origin in the use of any of the facilities provided for the public on the airport, The FAA reserves the right to amend or Withdraw this Offer at any time prior its acceptance by the Sponsor.1 7. This Offer shall expire and the United States shall not be obligated to pay any part of the costs of the Project unless this Offer has been accepted by the Sponsor on or before 22I,Inne 1972 or such subscinent date as may be prescribed in writing by the FAA. S. The Sponsor Hereby agrees that it will incorporate or cause to be in- corporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of I.-;ab017 at 41 CFA Chapter 60, which is paid for in Hwhole or in part with funds cbLained from the Federal Government Or Lborrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any federal program involving such grant, contract, loan insurance, or guarantee the following Equal Opportunity clause. During the performance of this contract the contractor agrees as follows: a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; lrind selection for training, incl,tding apprenticeship. The contractor agrees to post in conspicuous places, available to emri.loyees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b. The contractor will, in all solicitations or advertisements - for by or on behalf of the contractor, sLan- ,ndL all applicants will receive conserhca for e;-;:ey;t_ent without regard to race, color, religion, sex, or national origin. (Rev. 2/16/72) - Page. C . The contractor shall send to each labor union or represenr:;tivo oF workers with which he has a collective bargaining or other contract or understanding, a notice to >vide& advising the said lobor union or workers' repcmtatives of the contractor's cennts under this sectioh, and snail post copies of the notice in conspicuous places . available to employees and applicants for employment. The contractor will comply with all, provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secre-tary of Labor. e. The contractor will furnish all inf.ormation and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering ageney and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. I. In the event of the contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders,, this contract may be cancelled, terminated, or suspended. in whole or in part and the contractor may be declared ineligible for further goverment contracts or federally assisted construction contracts in accordance with procedures authoriZed in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rules, regulations, or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the portion of the sentence i7mediately preceding paragraph a. and the provisions of paragraph a, through g. in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September H24, 1965 so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with.respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, . the contractor may request the United States to enter into such litiation to protect the interests of the United States. (Rev. 2/16/72) Pagc 3 °ill pages The Sposor further agrees that it will be bound by the above Equal Opportunity clause with respect to its Hown employment practices when it participates in federally assisted Construction work: Provided, that ii the app4cant so participating is a State or local government, the above Equal Opportunity clause is not applicable to any agency, instrumentality or subdivision of such Hgovcrnment which does not . participate in work on or under the contract. The Sponsor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the Equal Opportunity clause and the rules, regulations, and ,,relevant orders of the Secretary of Labor that it will furnish the administering agency with tne Secretary of Labor such information as they may require for the super- vision of such compliance, and that it Will otherwise assist the administering agency in the discharge of the agency's primary res- ponsibility for securing compliance. The Sponsor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of 24 September 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctionsland penalties for violation of the Equal Opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part III, Subpart D, of the Executive Order. In addition, the Sponsor agrees that if it fails or refused to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sponsor under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from the Sponsor; or refer the case to the Department of Justice for appropriate legal proceedings. 9. The Sponsor hereby convenants and agrees that its financial records of the protect, established, maintained and made available to personnel of the FAA in conformity to Section 151.55 of the Regulations of the Federal Aviation Agency (14 CFR 151) will also be available to representatives of the Comptroller General of the United States. By its acceptance hereof, the Sponsor hereby covenants that to the extent it has or may have either present, or future control over each area identified on the Exhibit "A" as 'clear zone", and unles . exceptions to or deviations from the following obligations have been granbe.d to the Sponsor in writing by the FAA., it will clear said; area or areas of any existing structure or any natural growth which constitutes an obstruction to air navigat ion with the stand.aids (Rev. 2/16/72) at ! established by Section 77.23 as applied to Section 77.25, Part 77, of tea 7ederal Aviation Regulations; and the Sponsor further co7cr -7,7t,s it it will control the subsequent erection of structures and control naLra1 ,growth to the extent necessary to prevent the creation of obstrdctions within said standards. 1: is understood and agr::a bat the reference in Paragraph 7, Part III, S2onsor's Assurances of the Project Application to 'Section 77.23 as appLied to Section 77.27" is hereby revised to refer to 'Section 77.23 as dnblicd to Section 77.25." The Sponsor hereby further covenants that it will not permit any permanent-type structures, other than structures required for aids to air navigation and such other structures as may be specifically excepted in writing by the FAA, to be erected on, And that it will cause any existing structures to be removed from, each area identified on the "Exhibit A" as "clear zone" or any portions thereof, concerning which the Sponsor has acquired a fee interest with federal financial assistance, irrespective of whether such structures constitute an obstruction to air navigation. 13. It is understood and agreed that the terms "Federal Aviation Agency" or "Federal Airport Act", wherever they appear in this agreement, in the Project Application, plans and specifications, or in any other document constituting a part of this agreement, shall be deemed to mean 'Federal Aviation Administration" or the "Airport and Airway Development Act of 1970", as the case may 1:)e. The Sponsor agrees that it will maintain 4 fee and rental structure for the facilities and services being provided the airport users which will make the airport as self-sustaining as possible under the circumstances existing at that particular airport, taking into account such factors as the volume of traffic and economy of c011ection. 15. It is also understood and agreed that Paragraph 2, Part III, Project Application is revised to read as 'follows: The Sponsor will operate the airport as such for the use and benefit of the public. In furtherance of this covenant (but withOut limiting its general applicability and effect), the Sponsor specifically agrees that it will keep the airport open to all types, kinds, and classes of aeronautical use on fair and reasonable terms without discrimination between such types, kinds, and classes; provided, that the Sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the airport; • and provided further, that the Sponsor may prohibit or limit any given type, kind, or class of aeronautical use of the airport if such action is necessary - (Rev. 2/16/72) the Pa,,, 7 of a. For safe and efficient use of the airport, b. To keep operation activities within aCceptable noise levels, or To serve the civil aviation needs of the public. 16— It. is unLerstood and agreed that subparagraphs a, and b. of Paragrep,h 3 of Parr 7 1: - Sponsor's Assurances of the Project Application - are amen.ued and revised to delete the words or hereafter" wherever they appear therein. It is the intent of this ;:mLr-.d::::.1t to limit the zapplioation of the exclusive rights policy only to airports now owned or controlled by the Sponsor. 17. -Li: is understood and agreed that Paragraph 10, Part 711, of the Project APplication is revised to read as follows The Sponsor will furnish the FAA with such annual or special airport financial and operational reports as may be reasonably requested. Such reports may be suhmitted on forms furnished by the FAA, or may be submitted in such manner as the Sponsor elects as long as the essential data is furnished. The airport and ail airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations, and other instruments will be made available for inspection and audit by the FAA and the Comptroller General of the United States, or his duly authorized representative upon reasonable request. The Sponsor will furnish to the FAA or the General Accounting Office a true copy of any such documents. .18. The FAA in tendering this Offer on behalf Of the United States recognizes the existence of an agency relationship between the County of Oakland, Michigan, as principal, and the Michigan Aeronautics Commission, as agent, created by the Agency Agreement entered into on August 24, 1967, by and between the County of Oakland, Michigan, and the Michigan Aeronautics Commission, and by its acceptance hereof the Sponsor ratifies the existence of said Agency Agreement and affirms its applicability to the Federal-Aid Pro,lect covered by this Grant Agreement; the Sponsor further agrees that it will not amend, modify or terminate said. Agency Agreement without Prior approval in writing by the FAA. 19. It is further understood and agreed that FAA approval of the project included in this agreement is conditioned on the SpOnsor's compliance with applicable air and water quality standards in accomplishing project construction and in operating the airport; further, that failure to so comray may result in suspension, cancellation or termination of, Federal assistance under this agreement. . (Rev. 2/15/72) Page 8 of 11 20. a. The parties hereto recognize that a Continuing need exists for parking space for Government owned ahd controlled auto=tive . equi=ent used or assigned for use in serving FAA facilities and eQuipment on or in the vicinity of the airport. It is agreed by the parties hereto that the Sponsor Will continue to provide, -without charge, designated Parking sPace as now exists in reasonable proximity to FAA operations for suet: automotive egui ms that no change or modifications will be mace in such designation withollt the consent of the parties hereto orl their designated representatives. The parties hereto further recognize the need for adecuate parking space for the motor vehicles used by the FAA embloyces for trans- portation to their place of employment and assigned duty stations on the airport. It is fully understood by and between the parties hereto that the Sbonsor has made ad ,e -uate parking space available to these employees on terms that are as favorable as those provided to the Sponsor's employees and the employees of others having duty stations on the airport. It is agreed by the parties hereto that the relationship now existing with respect to automobile parking space for FAA employees will continue and that no change will be made to alter this relationship or to either curtail or enlarge the demand for the 'parking facilities designated without the consent and con- currence of the parties hereto or their designated representatives. 21. The Federal Government does not now plan or contemplate the construction of any structures Pursuant to Paragraph 9 of Part III - 570nEOr'S Assurances of the Project Application dated 29 Marca 1972, and, therefore, it is understood and agreed that the Sponsor is under no obligation to furnish any such areas or rights under this Grant Agreement. However, nothing contained herein shall be construed as altering or changing the rights of the United States and/or the obligations of the Sponsor under prior Grant Agreements to furnish rent-free space for the activities specified in such agreements. 22. It is understood and agreed by and between the parties hereto that Federal participation in that portion of the development described on Page 1 hereof, relating to a VASI on Runway 9L/27R, is -predicated upon the Sonsor's operation and maintenance plan concerning the use and operation of such VASI dated 25 May 1972, which plan is incorporated herein and made a part hereof. Page 9 of 11 -cages 23. it is understood and agreed by and between the parties hereto that Federal participation in that portion of the develoent descrid en Page 1 hereof, relating to airport lighting, is predicated upon the Sponsor's operating plan concerning the use and operation of such airport lighting, dated 5 April 1972, which plan is incorporated hrcin and made a part hereof. 24. It is understood and agreed by and between the parties hereto that the United States shall not make, nor shall it be obligated to make, any payment representing its share of the cOsts of acquiring fee simple title to Parcels 4 through 42 and eas=ent interests in Parcels 43AF throuh 53A5 and 55A5 through 146AF as indicated by red shading and delineated on the Exhibit "A", until the Sponsor has furnished evidence satisfactory to the FAA that it has acquired the aforementioned pror,orty interests in and to each Parcel for which grant payment may be reouested; it is further understood and agreed that the Sponsor will not permit or suffer the commencement of any construction work on each of the aforesaid parcels until it has submitted evidence satisfactory to the FAA that it has acquired the aforementioned property interest. 25. It is hereby understood and agreed by and between the parties hereto, that the Sponsor will not permit nor suffer the commencement of any work on the drainage facilities included in this project until it has obtained the necessary permit from the County Drain Commissioner and submitted same to the FAA. 26. It is hereby understood and agreed by and between the parties hereto that the Sponsor shall not enter into any contract for the relocation of utility lines in the east and west approach areas, until the SPonsor has submitted said contract in proposed form, together with a location drawing, and the same has been approved by the FAA; it is further under- stood and agreed that the United States shall not participate in the cost of such utility lines relocation unless and until the Sponsor has submitted evidence satisfactory to the FAA that the Sponsor is legally res-ponsible for payment of such costs. 27. It is hereby understood and agreed by and between the parties hereto that Joliet Street will not be Physically closed until the Sponsor has sub- mitted evidence satisfactory to the FAkthat this 'street has been legally vacated. Page 1 0 o-7'7' 11 -7:ae: It is understood and agreed by and betwOn the parties hereto that not- withstanding the fact that the construction. plans and specifications include therein the construction of a sidewalk and a drainage system including the northeast T-hangar area, the sidewalk shall not be a part of this project and FAA participat4on in the drainage system will • be limited to those pipe sizes determined by the FAA to be required for the drainage system to serve the parall+1 runway/taxiway area only; it is further understood and. agreed that the Sponsor shall ma intain separable cost records Pertaining to the above identified items excluded from Federal participation under this project, and that said records shall be available for inspection and audit by the FAA to the end that the costs of the excluded items may be definitelyHas'certained. 29. It is hereby understood and agreed by and between the parties hereto that the United States shall not make, or shall it be obligated to make, final grant payment hereunder until the Sponsor has furnished evidence satisfactory to the FAA of the property, interest held by the County of Oakland in Area 1 as delineated on the Exhibit nAn. 28. UNITiD SM AVIA= 7 1 By FAA F.C..A.A;41 gP:TION F 4 iTh (...a :all -id said Offerand-::•.:.?r.....;-.-d 'inhtc a .AgreC.7- pOrt. Act, of the United Lile and t ' 17C. force and effee'z the useful life of tne facid in any event not to exeeed t7.7enty years frcira the date of said acne: Acting Chief (TITLE 7)n-r"I • A The CoeuYcy of OFkland. dOes and represz..;t:?.1-.ions, warrtias, covenants, and agreement in the Poc. inco,r-pcatEd materials referred to in the foregoing, 0 -1.1,-er and h••rel-s,y by such acceptance agrees to all of the terms and con:IY:!ir.n...s thereof T-7,:vecued this day of •Ii .1 „.„ KT_ , ".".1"-: LA: ' . • • • A--; - (1\L`:;ril COI'S By 1.7,‘ ........ Title Attest -r; MT -5,1 ri ry,-L7 OF SPONSOR'S ATTOENEY , acting° as Attorriey for . PI? . (Herein referred to as the "Sponsor") do hereby Certify: That I have examined the foregoing Grant Agreement and the procco..:-Thrz , 1..:re said S,ponsor felat:ng thereto, and find that the Acceptance thereof by said Sponsor ban he orize,J and that the execution thueof is in all respects due and proper and in the laWS CZ CO State of 114chigan. further that, in ray .oD1.71.-n, s2id Agreement constitutes a legal and binding obligation of t'rile Sponsor in a:co-:clan:2- thereof. Delco at this day of Title CERTIFICATE , the duly appointed, qualified, and acting Clerk of the County Of Oakland, Michigan, do hereby certify that the attached extract from the minutes of a meeting of the Board of Commissioners of Oakland County, Michigan, held on • 1972, is a true and correct copy of the original minutes of said meeting on file and of record insofar as said original Minutes relate to the matters set forth in said attached extract, and the copy of the Resolution appearing in I do further certify that said attached extract is a true and correct copy of such Resolution adopted at said meeting on file and of record. IN TEST=0= WHEREOF, I have hereunto set my hand and seal of day of tbe County of Oakland, Michigan, this 1972. County County Clerk of Oakland, Michigan (SEAL) #6067 Moved by Olson supported by Gabler the resolution be adopcted. Discussion followed, A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) MINTY OF OAKLAND) 1, Lynn D. Allen, Clerk of the County of Oakland and having a Seal do hereby certify that I have coMpared-the annexed copy of Resolution #6067 adopted by the Oakland County Board of Commissioners at their June 15, 1972 meeting' iro ...rw t “Capeetpo.apspag“.".me+Ive.e.c.e.a.eaccnoo.0.““e“..voes tsVa•Velliee with the original record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof, - In Testimony Whereof, 1 have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan 16th June 72 this .."..0"assareef 0"pday n Lynn D. AI len “*.wiriiO4 n .,Clerk By . p:, "Ova ve!•cr.s.:, eeeeeee 6.11.•pDeputy Clerk