HomeMy WebLinkAboutResolutions - 1990.08.09 - 18195aEPORT (Misc. 90181)
BY: GENERAL GOVERNMENT COMMITTEE, RICHARD G. SKARRITT, CHAIRPERSON
IN RE: OAKLAND/PONTIAC AIRPORT - GRANT ALLOCATION WITH FEDERAL AVIATION
ADMINISTRATION
TO THE FINANCE COMMITTEE
Mr. Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed Miscellaneous
Resolution # 90181 finds the following:
1) The County of Oakland is in receipt of a Federal Aviation
Administration grant allocation, Project No. 90-1-3-26-0079-0890,
for the development and improvement of the Oakland/Pontiac
Airport on a ninety (90) percent matching basis in a maximum
obligation of $794,945 of the total project cost of $894,882.
2) The development project consists of installation of distance
remaining signs, the purchase of snow removal equipment and
construction of a perimeter road in accordance with the Airport
Master Plan as adopted by the Oakland County Board of
Commissioners.
3) The County's match is in the form of credits from previous
projects, reimbursement for land previously purchased and no
additional County funds are required.
4) The Airport Committee has reviewed and approved the program
subject to ratification by the Oakland County Board of
Commissioners and believe it to be in the County's interest to
accept the grant.
Mr. Chairperson, on behalf of the General Government Committee, I move
the acceptance of the foregoing report.
Richard G. Skarritt, Chairperson
GENERAL GOVERNMENT COMMITTEE
Dañiefl Murphy, Coun •Execbtive
0
ate
MISCELLANEOUS RESOLUTION #90181 August 9, 1990
BY: FINANCE COMMITTEE, DR. C. WILLIAM CADDELL, CHAIRPERSON
IN RE: OAKLAND/PONTIAC AIRPORT - GRANT ALLOCATION WITH FEDERAL AVIATION
ADMINISTRATION
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland is in receipt of a Federal Aviation
Administration grant allocation, Project No. 90-1-3-26-0079-0890, for the
development and improvement of the Oakland/Pontiac Airport on a ninety
(90) percent matching basis in a maximum obligation of $794,945 of the
total project cost of $894,882; and
WHEREAS, the development project consists of installation of distance
remaining signs, the purchase of snow removal equipment and construction
of a perimeter road in accordance with the Airport Master Plan as adopted
by the Oakland County Board of Commissioners; and
WHEREAS, the County's match is in the form of credits from previous
projects and reimbursement for land previously purchased, no additional
County funds are required; and
WHEREAS, the Airport Committee has reviewed and approved the program
subject to ratification by the Oakland County Board of Commissioners and
believes it to be in the County's interest to accept the grant; and
WHEREAS, the Office of Corporation Counsel has reviewed the agreement
as to legal sufficiency.
NOW THEREFORE BE IT RESOLVED that the County of Oakland enter into a
grant agreement, Project No. 90-1-3-26-0079-0890, with the Federal
Aviation Administration for the purpose of obtaining federal aid for the
development of Oakland/Pontiac Airport.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County
Board of Commissioners is authorized to execute the grant agreement and to
approve grant modifications up to fifteen (15) percent which are
consistent with the original grant agreement.
Mr. Chairperson, on behalf of the Finance Committee, I move the
adoption of the foregoing resolution.
FINANCE COMMITTEE (g_t_
I HpEBY AFTROVE THE FOREGOIPG RESOLUTION
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADtlINISTRATION
GRANT AGREEMENT
Part 1 - 3tfer
Date of Offer: JUL
Oakland Pontiac Airport
r tor.
Project No.: 90-1-a,-26-0079-90
Contract No.: AIF—FA90-]L-1540
TO: County of Oakland, Michigan
(herein called the 'Sponsor")
FROM: The United States of America (acting through the Feoeral Aviation
Administration, herein called the "FAA')
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated
June 27, 1990, for a grant of Federal funds for a project at or associated
with the Oakland Pontiac Airport Area which Project Application, as
approved by tne FAA, is hereby incorporated herein and made a part hereof;
and
WHEREAS, the FAA has approved a project for the Airport or Planning Area
(herein called the 'Project') consisting of the following:
"Construct West Service Drive (2E50./-' x 24'); Install distance
remaining signs on Runway 9R/2714 Acquire snow removal equipment one
large capacity snow blower, two snowplow trucks and one front end
loader.'
all as more particularly described In the Project Application.
FAA Form 5100-37 (10/89) Page 1
NOW THEREFORE, pursuant to and for the purpose of carrying out the provi-
sions of the Airport and Airway Improvement Act of 1982, as amended oy the
Airport and Airway Safety and Capacity Expansion Act of 1987, herein called
the 'Act', and/or the Aviation Safety and Noise Abatement Act of 1979, and
in consideration of (a) the Sponsor's adoption and ratification of the
representations and assurances contained in said Project Application and
its acceptance of this Offer as hereinafter provided, and (b) the benefits
to accrue to the United States and the public from the accomplisnment of
the Project and compliance with the assurances and conditions as herein
provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE
UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share
of the allowable costs incurred in accomplishing the Project, 90 percentum
thereof.
This Offer is made on and subject to the following terms and conditions:
Conditions
1. The maximum obligation of the United States payable under this Offer
shall be $794,945.00. For the purposes of any future grant amendments
whicn may increase the foregoing maximum obligation of the United
States under the provisions of Section 512(b) of the Act, the
following amounts are being specified for this purpose:
-0- for planning
$794,945.00 for airport development or noise program implementation.
2. The allowable costs of the project shall not include any costs
determined by the FAA to be ineligible for consideration as to
allowability under the Act.
3. Payment of the United States' share of the allowable project costs
will be made pursuant to and in accordance with the provisions of such
regulations and procedures as the Secretary shall prescribe. Final
determination of the United States' share rill be based upon the final
audit of the total amount of allowable project costs and settlement
lull be made for any upward or downward adjustments to the Federal
share of costs.
4. The Sponsor shall carry out and complete the Project without undue
delays and in accordance with the terms hereof, and such regulations
and procedures as the Secretary shall prescribe, and agrees to comply
with the assurances which were made part of the project application.
5. The FAA reserves the right to amend or withdraw this offer at any time
prior to its acceptance by the Sponsor.
Page 2 (
f)-
FAA Form 5100-37 (10/89)
6. This offer snail 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 September 1, 1990 or such
subsequent date as may be prescribed in writing by the FAA.
7. The Sponsor shall take all steps, including litigation if necessary,
to recover Federal funds spent fraudulently, wastefully, or in
violation of Federal antitrust statutes, or misused in any other
manner in any project upon which Federal funds have been expended.
For the purposes of this grant agreement, the term "Federal funds"
means funds however used or dispersed by the Sponsor that were
originally paid pursuant to this or any other Federal grant
agreement. It shall obtain the approval of the Secretary as to any
determination of the amount of the Federal share of such funds. It
shall return the recovered Federal share, including funds recovered by
settlement, order, or judgment, to the Secretary. It shall furnish to
the Secretary, upon request, all documents and records pertaining to
the determination of the amount of the Federal share or to any
settlement, litigation, negotiation, or other efforts taken to recover
such funds. All settlements or other final positions of the Sponsor,
in court or otherwise, involving the recovery of such Federal share
shall be approved in advance by the Secretary.
6. The United States shall not be responsible or liable for damage to
property or injury to persons which may arise from, or be incident to,
compliance with this grant agreement.
9. It is hereby understood and agreed by and between the parties hereto
that the Federal Aviation Administration in tendering this Offer on
behalf of the United States of America recognizes the existence of an
agency relationship between the County of Oakland, Michigan, as
principal, and the Michigan Aeronautics Commission, successor to the
Michigan Department of Aeronautics, as agent, created by the Agency
Agreement on Airports entered into on August 24, 1967. The Sponsor
agrees that it rill not amend, modify, or terminate said Agency
Agreement without prior approval, in writing, by the FAA.
10. It is hereby understood and agreed that;
a. This grant offer is made and accepted based upon the
certifications made by the Sponsor, dated January 19, 1990.
b. The acceptance of a certification shall be rescinded when it is
determined that either (1) the Sponsor has not, in fact, complied
with the requirement or requirements as stated in the
certification or, (2) in the case of prospective compliance, it
appears that the Sponsor will be unable or unwilling to comply
with the requirement or requirements to which the certification
relates. If either such determination is made after the grant
agreement has been executed, the grant may be suspended in
accordance with the provisions of Part 152 of the Federal Aviation
Regulations.
FAA Form 5100-37 (10/89) Page 3 //
S
11. The Sponsor hereby covenants and agrees that it will not cause or
permit any structure or object of natural growth to extend above the
light planes within the land area (presently or hereafter owned or
controlled by the Sponsor) comprising the site of any Approach Light
System serving the aforesaid airport. The site is an area extending
2,600 feet outward from the approach threshold of the runway served
and 400 feet in width located symmetrically about the extended runway
centerline. The dimensions and slopes of the light planes shall be
consistent with AC 150/5300-13 as applied to actual light elevations.
The Sponsor agrees to take the following actions to maintain and/or
acquire a property interest, satisfactory to the FAA, in the Runway
Protection Zones:
a. Existing Fee Title Interest in the Runway Protection Zone.
The Sponsor agrees to prevent the erection or creation of any
structure or place of public assembly in the Runway Protection
Lone, as depicted on the Exhibit 'A' Property Map, except for
navaids that are fixed by their functional purposes or any other
structure approved by the FAA. Any existing structures or uses
within the Runway Protection Zone will be cleared or discontinued
unless approved by the FAA.
b. Existing Easement Interest in the Runway Protection Zone.
The Sponsor agrees to take any and all steps necessary to ensure
that the owner of the land within the designated Runway Protection
Zone will not build any structure in the Runway Protection Zone
that is a hazard to air navigation or which might create glare or
misleading Lights or lead to the construction of residences, fuel
handling and storage facilities, smoke generating activities, or
places of public assembly, such as churches, schools, office
buildings, snapping centers, and stadiums.
13. The Sponsor hereby agrees that it shall prepare and submit to the FAA,
Airports District Office, within 60 days from the date of this Grant
Offer a Plan of Operation of the airport lighting. The FAA will
review the plan and either approve it or give written comments to the
Sponsor within 30 days after receipt of the plan. If revisions are
required, the Sponsor shall submit the revisions to the FAA within 30
days after receipt of FAA comments. After the FAA has approved the
plan, the Sponsor shall obtain FAA approval of any changes to the plan
and/or changes to the lighting equipment. This applies to changes
resulting from construction/alteration with or without FAA's
participation.
!...•
14. 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. Failure to comply with this requirement may result in
suspension, cancellation, or termination of Federal assistance under
this agreement.
FAA Form 5100-37 (10/89) Page 4
15. The Sponsor hereby covenants and agrees that property management
standards and records shall be established for that equipment which is
being procured with Federal aid and provided hereunder. Such records
shall be maintained throughout the useful life of the property and
made available to appropriate Federal Aviation Administration
representatives in conformity with the Federal Regulations 49 CFR Part
18.
16. The parties hereto recognize that a continuing need exists for parking
space for Government owned and controlled automotive equipment 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 such
automotive equipment and that no change or modifications will be made
in such designation without the consent of the parties hereto or their
designated representative.
The parties hereto further recognize the need for adequate parking
space for the motor vehicles used by the FAA employees for
transportation to their place of employment and assigned duty stations
on the airport. It is fully understood by and between the parties
hereto that the Sponsor has made adequate 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 concurrence of
the parties hereto or their designated representative.
Page 5
(-\-1
i)
FAA Form 5100-37 (10/89)
thame) DEAN C. NIT::
The Sponsor's acceptance of this Offer and ratification and adoption of the
Project Application incorporated herein shall be evidenced by execution of
this instrument by the Sponsor, as hereinafter provided, and this Offer and
Acceptance shall comprise a Grant Agreement, as provided by the Act, con-
stituting the contractual obligations and rights of the United States and
the Sponsor with respect to the accomplishment of the Project and compli-
ance with the assurances and conditions as provided herein. Such Grant
Agreement shall become effective upon the Sponsor's acceptance of this
Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
(Title) Actino Manager, DET ADO
Fart II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements,
representations, warranties, covenants, and agreements contained in the
Project Application and incorporated materials referred to in the foregoing
Offer and does hereby accept this Offer and by such acceptance agrees to
comply with all of the terms and conditions in this Offer and in the
Project Application.
Executed this day of 1990.
County of Oakland, Michigan
(Name of Sponsor)
By
(Sponsor's Designated Official
(SEAL) Representative)
Title
Attest:
Title:
S.
FAA Form 5100-37 (10/69) Page 6
CERTIFICATE OF SPONSOR'S ATTORNEY
, acting as Attorney for the Sponsor do
nereby certify:
That in my opinion the Sponsor iE empowered to enter into the foregoing
Grant Agreement under the laws of the State of tichiaan. Further, I have
examined the foregoing Grant Agreement and the actions taken by said Spon-
sor and Sponsor's official representative has been duly authorized and that
the execution thereof is in all respects due and proper and in accordance
with the laws of the said State and the Act. In addition, for grants
involving projects to be carried out on property not owned by the Sponsor,
there are no legal impediments that will prevent full performance by the
Sponsor. Further, it is my opinion that the said Grant Agreement
constitutes a legal and binding obligation of the Sponsor in accordance
with the terms thereof.
Dated at this clay of , 199e.
(Signature of Sponsor's Attorney)
FAA Farm 5100-37 (10/89) Page 7
•11.-
minus Edison not
MOOT - Amonaulice Rapfacluclion
OMB Appt0Val NO. 0346-0043
APPLICATION FOR 2.DATE SUBMITTED T ' Applisaml Idonifisr
FEDERAL ASSISTANCE _.,
t. TYPE OF SUBMISSION ,• 3.DATE RECEIVED BY STATE Siam ApplicatInn kient/her
Appdcadon Preappricagon 63801
[ Construction 1 0 Construction 4.DATE RECEIVED BY FEDERAL AGENCY Fedsral Identilmr a
Non-Consouotion i 0 Non.-C,onsi roam 90-1-37-26-0379-
-
i APPLICANT INFORMATION
Lewd Harm OrganInitional Unit:
County of Oakland Oakland-Pontiac Airport
Addioss (Ghs of paunry. sMm, and Zip dodo) Name and telephone number of me wean to be contacted on matters Involving
this applicalion
6500 Highland Road J. David VanderVoen
Pontiac, MI 48054 313-666-3900
IL EMPLOYER WITWICATION NUMBER (EIN); 7. TYPE OF APPUCANT: (ENTER APPROPRLATE LETTER IN SOX) 113.1
nil 0 4 n el A. Slats FL Indepan0en1 School DIM.
B. County L Slate Conuolied institution ol Nightir Learning
I. TYPE OF APPLICATION: C. Municipal J. Pora• Unhreralty
0 New 0 Conanustion 0 Revision D. Township IL Indian Tribe
E, intsimats L Indhddust
If Rivislon, enter appropriate lener(s) In gom{aa). 0 Illi F. Intarmunloipal IL Profit OrganLiatIon
0. Spacial District N. Other (Specify)
A.Increase Award B. Dectems Award C. ncreme Duration
D.Desreaso Duration Other (Spbolly) a. FLAME OF FEDERAL AGENCY:
D.O.T. - F.A.A
I la. cArmoil Of FEDERAL DOMESTIC 1 11. Descilw UC.rive 7TTLE Of APPANTS PRCUECT
STMSCE NUMBER
2 0 7 1 I 0 I 6 1. Construct W. Perimeter Rd.(2650 a 24 ft.)
2. Install Distance Remaining Signs
rrrtE A.I.P. x- ,...-
P,-. JUN
t7.-. ,...,„...„...... .... i 2.MEA8 AFFECTED BY PROJECT (dem ODUrIbel, slaws, etc.) , IR kb- (...,.;,. County of Oakland .-,:'-, AIIPt).„,r . )
Cf--= I, -:') jiST
:-.r.,:, Lt. ;,C,;: 0 .
.• - P r . ,
13. PROPOSED PROJECT 114. CONGRESSIONAL DISTRICTS OF -
Saari Dam Ending Date a. Applicant lip.Project
5/15/90 12/30/90 18 18
116. ESTIMATED FUNDING It IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS?
s. Federal , 5 a. YES MB PFIEAPPLICAT/ON/APPUCATION WAS MADE AVAILASLE TO -rma
794,945 .oci STATE IDIECUTIVE ORDER 12372 PROCESS FOR REV1EW ON
b. Applicant 4
82,900 .00 DATE
c. Sum $
17,036 .00 b. NO El PROGRAM IS NOT COVERED BY 6.0. 12372
d. Load I
.00 El OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVTEW
0. Olhaf I- 6
.00
1. Program Income $ 17. IS THE APPUCANT DELINQUENT ON ANY FEDERAL DEBT?
.00
g. TOTAL 1 .00K1 0 Yea If 'Yes.' alb* an explanalion Eil ,,,,
894,881
$ets THE BEST OF INY KNOWLEDGE AND BELIEF ALL DATA IN T APVLATIOfIIPRE.AFPUCATIf ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY
AUTHOFILZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED
a. Typed Nam of Auascsised Raproaantatiwa b. This
Richard A. Jackson Acting Administrator, Airport Development Division, MDOT
c. leisphone number
„...------....... 517-373-1834
i. Btanawfs of Auitoriss -lpselenialivs
2
e. Daub Signed d
Juno 27, 1990
Standard Form 424 (REV 4-U
Proinaioad by OMB Circular 4-102
Authorized for Local Reproduction
979,100.00 71,900.00
Federal State
Federal
State
Local
AERO
16,736.32
700
794,945.00
16,71'.6.32
B2 .900.00
700.00
8^,900 .u0
. 794,945.00 Grant
ADMINISTRATION
AERO Pers. Serv.
Adv.
Travel
9,811.00
7,200.00
1,711.00
900.00
545.10
400.00
, 95.10
50.00
545.90
400.00
95.90
50.00
10,902.00
e,ouo.00
1.902.00
1,000.00
Acct.114-59-5572
Item No AL797
OAKLAND/PONTIAC AIRPORT
Pontiac-Nichidan
Project No. 3-26-0079-0690
Project Statement
26-Jun-90
0412 PM
At No. 192 PA29
Local
86,900.00
Total
1,0E37,900.00
82,900.00
11,990.AS
Total Project Funds 794,945.00 17,076.72
Project Cost Distribution
CONSTRUCTION 215,816.00 11,989.92
894,881.32
279,798.40
67-1-C67D16 Sons A.
C65 Roadway A.B.
EQUIPMENT
C70 2 Snow Plow
C71Front End
C69 Snow Blower
ENGINEERING
AERO - PD
Consult-Design
Total 'Basic Engr
AERO Supr.
Consult- S I
Testing
Total Proj Insp
27 777 00
192,081.00
524,297.00
279,586.00
07.695.00
161,010.00
45,027..00
2,700.00
17,577.0n
20,277..00
2,700.00
20,700.00
1,750.00
24,750.00
1.716.75
10,671.17
0.00
0.00
0.00
0.00
2,501.30
150.00
976.30
1,126.70
150.00
1,150.00
75.00
1,775.00
1,719.25
10,671.27
55,256.00
71,066.00
9,300.00
17,890.00
',01 70 .
150.00
576.70
1,126.70
150.00
1,1so. no
75.00
1,375.00
26,775.00
217,427.40
56:-.549.00
710,654.00
92,995.00
176,900.00
50,026.00
7,000.00
19,526.00
22,526.00
- Ow 00
27,000.00
1,500.00
27,500.00
A.D
A.
A.P
Contingencies 0.00 2,000.00 9,605.9'7 11,605.92
Total Project Cost 794,945.00 17,076.32 82,90(1.00 894,881.32
========
August 9, 1990_ RESOLUTION # 90181
Moved by Caddell supported by Crake the resolution be adopted.
Moved by Caddell supported by Crake the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Vote on resolution:
AYES: Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen,
Johnson, R. Kuhn, Law, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen,
Pappageorge, Pernick. Rewold, Skarritt, Wolf, Aaron. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was
adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND
I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing
resolution is a true and accurate copy of a resolution adopted by the Oakland County
Board of Commissioners on August 9, 1990
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County
of Oakland at Pontiac, Michigan this 9th day of ,,,A0.1L5t ) ig:511
Lytifi D. Allen, County Clerk