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HomeMy WebLinkAboutResolutions - 1991.05.23 - 18553, MISCELLANEOUS RESOLUTION #91110 May 23,1 1991 BY: GENERAL GOVERNMENT COMMITTEE, RICHARD G. SKARRITT, CHAIRPERSON IN RE: OAKLAND /TROY AIRPORT - MICHIGAN AERONAUTICS COMMISSION REIMBURSEMENT APPLICATION/ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is in receipt of $174,500 from the Michigan Aeronautics Commission for reimbursement for land acquisition; and WHEREAS the $174,500 expenditure for the Clear Zone, Runway Overrun Safety Area Project at Oakland/Troy Airport was approved in the 1989 Capital Improvement Program per miRrplianpous Resolution #89181; and WHEREAS the Airport Committee has reviewed and approved the reimbursement agreement subject to ratification by the Oakland County Board of Commissioners and believes it to be in the County's interest to accept the reimbursement; and WHEREAS, the Office of Corporation Counsel has reviewed the agreement as to legal sufficiency. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners on behalf of the County of Oakland enters into a grant agreement with the Michigan Aeronautics Commission. 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 modification up to fifteen (15) percent which is consistent with the original grant agreement. Mr. Chairperson, on behalf of the General Government Commit- tee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE 1 03/19/91 (T) _AEF2 Ai 1 MDOT NO.: 91-0129 CONTRACT FOR STATE/LOCAL AIRPORT DEVELOPMENT Land Acquisition TIM CONTRACT is made and entered into this day of 1991, by and between. the ivEICHIGA.N DEPARTMENT OF TRANSPORTATIOI1, hereinafter referred to as the "DEPARTME1 n71', and the COUNTY OF 0..A.Kr AND, hereinafter referred to as the "SPONSOR", for the purpose of :Ening the ria -hts and obligations of the parties in agreeing to acquire land for the Oakland-Troy AirpOl:t in Troy, Michigan, which land is hereinafter referred to as the "PROTECT'. WITN'ESSETIE: WHEREAS, the SPONSOR has acquired land for the purpose of protecting the approach to runway 27 1,c1 has requested the DEPARIT to reimburse the SPONSOR for a pardon of the cost of acquisition. NOW. TI-IEREFORE, ft is ae-reed: 1. The par-des hereto auce to undertake and complete the PRC.JECT in accordance with the teams of the Contract. 2. Documentation of the acquisition :hall be submitted to the DEPAP.T.Vi LENT for review and approval. Documentation shall in:lude as a minimum, appraisal reports and reviews; offer of just-compensa tion, closing stateraent, property deed and title commitment. 3. The tem, PROJECT COST, as herein used is hereby deFr:ed as the costs of acquisition and related closing fees including tzx proration. 4. The PROJECT COST pardcipation is estimated to be as shown L. 'Exhibit I, dated March 10. 1991, attached hereto and made a pal: hereof. 5. The PROJECT COST shall be met in part by contributions from the DEPAR`TMENT. The DEPARTMENT will participate in all eliLp -ble and allowable PROS= COSTS at a rate of fifty percent (50%) of those costs. Tne DE?ALR.T3.YMNT'S maximum financial obligation shall not exceed $174,500.00. The actual DEPARTMENT and SPONSOR share of the PROJECT COST vr2I determined at the time of financial closure of the PROJECT. 6. Upon execution of this contract by the Department, and approval of the: documentation listed in Section / the DEPARTMENT will reimburse the SPONSOR for PROJECT COSTS incurred in accordance with Section 5. 7., - Any change in scope of the PROJECT, PROJECT COST, D].:TARTMENTS • share of the PROJECT COST, or term of this Contract shall be by exec:a:Hon of a prior wrien amendment to this contract by the parties hereto. 8. Upon completion of the PROJECT, payment of all PROJECT COSTS,. completion of necessary audits, the DEPARTM-2 ,47 shall make fbal a...:count:ng to the SPONSOR. Any excesses or deficiencies will he returned to or billed to the SPONSOR The SPONSOR hereby promises to repay, upon written notice from the DEPARTMENT, any disallowed items of cost previously disbuv;ed by the DEPARTNE --INT. Deficiencies billed to the SPONSOR shall be paid within Eixty (60) days of the billing date. Ti the SPONSOR has not made arrangements to make payment within 'sixty (60) days, the DEPARTMENT may withhold monies from present or future Cont.:acts and may pursue any other remedy to recover such deficiencies. 9. The SPONSOR ames to provide,. and \val. require its subcontractors to provide, access by the DEPARTMENT or is representatives, to all technical accounting records, reports, documents, and work in process pertaining to this Contract.. Copies of technical data, reports, and other documents shall be provi ded by the S".:)ONSOR. or its sabcontractors to the DEPARTMENT upon request. The SPONSOR aee.s to permit a representative of the DEPARTMENT to inspect the progress of all PROJECT work at any reasonable time. Such inspections are for the exclusive use of the DEPARTMENT an are not intended to relieve or negate any of the SPONSOR'S obligations and duties contained in this cont.-act. IP. The SPONSOR agrees to permiK, and will require' its subcontractors to permit, access by the DEPARTMENT or us representatives in order to audit its books and records at any reasonable time. 11- The SPONSOR agrees to retain, and will require its subcontractors .:o retain, all data and records pertaining to this conuact until three (3) years after th.t final payment by the DEPARTMENT. al This contract shall be in effect for a period of Thirty sa (36) monr.hs from the cite of execution... 13. Any approvals, reviews, inc?ectionl>, and technical guidance of any nature, provided by the DEPARTMENT, shall not be construed as a warranty or assum ption cf liability on the part of the DEPARTMENT. It is expressly undeisLcocl and agreed that any such approvals are for the sole and exclusive purposes of the DEPARTMLNT, which 03/19/91 (T) .ARFA.A_11 is acting in a governmental Capacity under this Contract and that such approval.s are a governmeril function incidental to the work Which is the subject of this Contract Any approvals, reviews, inspections, and technical guidance provided by the DEPARTMENT will not relieve the SPONSOR of its obligations hereunder, nor are such approvals, reviews and inspections by the DEPARTMENT to be construed as a warranty as to the propriety of the SPONSOR's performance but are undertaken for the sole use and information of the DEPARTMENT. 14. The SPONSOR spec-7;cally agrees that in the performance the PROJECT herein enumerated, by itself, by a subcontractor, or by anyone acting in its 1:ehalf, that they will comply with any and. all State, Federal, and applicable local statutes, ordinances, and regulations. The SPONSOR further agrees to obtain all permits that are applicable to the entry into, and the performance of this Conerace 15. In connection with the performance of PROJECT work tinder this Contract, the parties hereto (hereinafter in Appendix "A" referred to as the %oat:az:or) agee to comply with the State, of Michigan provisions for "Prohibition of Discri -min.ation in State Contracts", as set forth in Appendix "A", attached hereto and made a part hereof. In accordance with 1980 PA 278, MCL 423.321, et sec: ivISA 17.458(22) et_sea, the SPONSOR, in the perform2nce of this Contract, shall not enter into a contract with a subcontractor, .man&acturer. or supplier listed in the register maintained by the State of Michigan, Department of Tbor, of employers w:ao have been found SZ contempt of court by a federal court of appeals, on not less than three (3) occasions involving different viola-dons during the preceding seven (7) years', for failure to correct an unfair labor practice, as prohibited by Section 8 of Chapter 2'72 of the National Labor Relations Act ; 29 13.S.C. 158. The DEPARTMENT may void this Contract if the name of a subconactor, manufecrizer, or supplier utilized by the SPONSOR in the performance of this Contract subsequently appears in the rester during the performance period of this Contract. 16. In any inctance of dispute and/or litigation concerning the'RO.TE,L',T, the resolution thereof shall he the sole resporibnity of the parties to that contract which is the subject of the controversy. It is understood k'Ind agreed that any legal repres ,nration of the SPONSOR in any dispute and/or litigation :than be the financial respensibility of the SPONSOR 17. In addition to the protection afforded by any policy of ilLseirar.ce, the SPONSOR agrees to indemnify - and save harmless the State of Michicear e the Ivlichigan State ,Transportation Commission, the Michigan Aeronautics Com=issiola, the DERARTIvMNT, and all officers, agents, and employees thereof: 03/19/91 AE-FAAii (r) 3 (a) from any and all claims by persons, firms, or corporabions for labor, materials, supplies or services provided to the SPONSOR in connection with the SPONSOR's performance of the project assignments; and (b) from any and all claims of injuries to, or death cr:f, any and aJ persons ; and for loss of or damage to property and environmental damage or degradation., response and clean up costs, and from attorney fees an d. related costs arising out of under, or by reason of the SPONSOR's negligent performance of the project assignments under thi..; Contract, except claims resulting from the sole negligence of said inderanitee, its agents or employees. 18. The DEPARTMENT shall not be; subject to any obligation; or liabilities by contractors of the SPONSOR, their subcontiactors, or any other person not a party to the. Contract without its specific consent and notwithstanding its concurrence in or approval of the award of any contact or subcontract or th.;,.• solicitation thereof. 19 It is expressly understood and agreed that the SPONSOR shall take 20 actior or conduct which arises either directly or indirectly out of its obligations :. and duties under this Contract, which results in claims being asserted against or jud--.7r,ents being imposed against the State of Michigan, the DE?ARTIVfENT, the Michigan State Transportation Commission, and/or the Michigan Aeronautics Commissioa. In the event that. the same occurs, for the purposes of this Contract ; it will be considered as a breach of this Contract thereby ping the State of Michizart, the DEPARTINT, the Michigan. State Transportation Commission, and/or the Michigan Aeronautics Commission a right to seek and obtain any necessary relief or remedy. inclurif7g, but not by way of lin:ritation, a. judgment for money damages. 20. This Contract shall become binding on the pa i Lies hereto and of full force and effect. upon the signing thereof by the duly authorized officials for the parties hereto and upon the adoption of the necessary resolution approving said Contract and authori7iii2 the signatures thereto of the respective officials of the SPONSOR, a certified copy of which resolution shall be attached to this Contiiicr, and with approval by the State Administrative Board_ 03/19/91 CI) AEFA.A.11 4 1 - 03/19/91 (T) AEFAA1 IN WITNESS 'WHEREOF, the parties hereto have caused this CoroIract to t e executed the day.. and year first above written. COUNTY OF OAKLAND BY MICHIGAN DEPARTMENT OF' TRANSPORTATION BY Title: ° 4-4 • ' r ; 4". pitopos SrEATIVLOCAL PROCO li 1 /rim 11 Oalciand-Troy Airport Troy, Mich4an 1. Land Reimbursement PROJECT FUNDMTG. ACT 253. P.A. 1990 . STATE LOCAL 'TO_TAI, 1. Land Reinablosernerit-Runway 27 Approach $174 7500 S174.500 S349,000 ENGINE'ERNG -0- -0- .A.DMLNISTRAlION __ -0- -0- TOTAL PROTECT BUDGET 5174,500 S174,500 S349.000 1FIT.N. MING- CONTINGENCY -0- -0- -0- TOTAL TR.ANSFER S1.74.500 S174,500 S;49.000 Estimated Bidding DatE: e:rilw:airdeve:111128-19.isd •er. d° APPENDIX A PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS August. igss - connection with the performance of work under this contract; the_contractor agrm as follows: In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees not to disceiminate against an employee or applicant_ for employment with respect to hire, tenure. terms. conditions, or p riY lieges o( employment, or a matter direztly or indirevay related to employment. because of met, color, relig'ion, national crigin, age, .3ex, height, weight, or marital status. Further, in accordance with Act No. no, Public Acts of 15'75 as air.ended by Act No. 478, Public Acts of-198C) the contractor hereby agre nc t to discriminate against an ern pIoyec or applicant for employment with respect to hire, tenure. terms. conditions, cr privilege:5 of employment, or a matter directly or indirectly reiated to employment. because 61a handicap that is unrelated to the individual's ability to perform the dutics of a Particuiarlob or position:A breach of the above covenants shall be regarded as :materiel breach of this contract_ _ The contractor hereby agret., that any arid all subcontracts to this contract. whereby a. portiart of the work set forth in this contract is to be performed, shall contain a covenant th,e same as hereinbefort: foet h in Section 1 of this Appendix. c. The contractor will take affirmative action to, insure that applicants for employment and employees are treated without regard to their race, color, religion. rational origin, age, sex. height, weight. marl:, al seat= or a handl= p that is unrelated to the individual's ability to perform the duties of a particularjolo or position_ Such action shall include, but not be limited to, the foliowina-, employment. uparading, demotion or traesfee, recruitment ad,veetis- ing-. layoff Cr termination; rates of pay or other forms or compensation; and see:lion for training, including apprentic=hip. The contractor wilt, in all solicitations or advertisements for eFiployces placed by or on behalf of the contractor. state that all qualified applicants will receive consideration for cmpioymenc ,,vithout rea2 rd to race. eolor, rciion national origin, age, sex, height. weight_ marital status or hardicap that is unrelated to the indivieuals ability to perform the duties or a per-tic:dor job or position_ The. contra.ctor or his colic:et:Ye bargaining representative will send to each Labor union or represent:: tive of workers with which he has a collective bargaining agreement or other contact- or understanding. a notice advising the said labor union or workers' representative of the contractor's commitments under this appendix. The contractor will comply with all relevant published rub;. regulations, directives. and cleders of the Miohieean Civil Rights Commission which may be ir. effeet prior to the taking of bids for any individual sta:e. project_ The contractor will furnish and file compliance reports within such time and upon such foerns as p rovicied by the Michigan Civil Rights Commission, said forms may also elieit information as to the practices, poli.cies. program. and employment statistics ofeac'n subcontractor as well as the contractor himself, and said contractor will permit act= to his books, records, arid accounts b y the Michigan r Civil Rights Commission, arid/ or its agent. For purposes or investigation to ascertain compliance with this contract and relevant with rules, regulations, and orecrs of the Michigan Civil Rights Commission. In the event that t he Civil Rights Commission • finds, aft-era heering held pursuant to its rules, that a contractor has not complied with the contractual obligations under this agreement_ the Civil Rights Cornmission may. as par: of its order based upon such Endings. certify said findings to ;he Administrative Board of the State of Michigan. which Administrative Board may order the cancellation of the contract found to have been violated. arid; or decrare the contractor ineligiblcrof future contracts with the state and and civil subdivisic as. departments, and officers, and including the governing boards of institutions ofhigher education. under the contractor complies with said order of the Civil Rights Commission. Notice of said declaration of future ineligileility may be Oven to any or all or the persons with whom the contractor is declared ineligible to contract as a contracting p any in future contracm In any cat-se before the Civil Rights Commission in which cancellation of art .existing contract is a pos.sibility. the contracting agency shall be notified of such possible remedy and shall be given the option by the Civil Rights Comnaission to participate in such proceedings.. The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs ( I through (8) in every subcontract or purchase order unless exempted by the rule regulations or ordee-s or Ehc N!:ichigan Civil Rights Commission. and will provide in cvvy subcontract or purchase order that said provisions will be binding . upon each subcontractor or seller. °Theciil Rigirrs Corwin-Luca refen-ed feu:: michigan Ch.-11 Righrs Coorm4.-pcn, May 23, 1991 FISCAL NOTE (Misc. 91110) BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: OAKLAND/TROY AIRPORT - MICHIGAN AERONAUTICS COMMISSION REIMBURSEMENT APPLICATION/ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this board, the Finance Committee has reviewed Miscellaneous Resolution # and finds: 1) The County of Oakland is in receipt of $174,500 from the Michigan Aeronautics Commission for reimbursement for land acquisition. 2) The $174,500 expenditure for the Clear Zone, Runway Overrun Safety Area Project at Oakland/Troy Airport was approved in the 1989 Capital Improvement Program per Miscellaneous Resolution #89181. 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 reimburse- ment agreement subject to ratification by the Oakland County Board of Commissioners and believes it to be in the County's interest to accept the reimbursement. FINANCE COMMITTEE Prepared by Budget-cm airport\airmac89.fn In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 23rd day pf) May, 1991 Allen, County Clerk Resolution # 91110 May 23, 1991 Moved by Skarritt supported by Oaks the resolution be adopted. AYES: Moffitt, Oaks, Olsen, Palmer, Pappageorge, Pernick, Rewold, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Caddell, Gosling, Huntoon, Jensen, Johnson, Krause, Law, McConnell, Millard. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND 1, 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 May 23, 1991 with the original record thereof now remaining in my office.