HomeMy WebLinkAboutResolutions - 1995.12.07 - 24396,P.EPORT (MISC. #95304) December 7, 1995
BY Planning and Building Committee, Charles Palmer, Chairperson
RE: Central Services-Oakland Pontiac Airport-1995 Grant Program
Acceptance/Master Plan Update
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chalrperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the
above-referenced General Government Committee resolution on
November 28, 1995, reports with the recommendation that the
resolution be adopted.
rhairperRnr on behalf of the Planning and Building Committee,
I submit the foregoing report.
b'
fanning and Buirding Committee
• December 7, 1995
MISCELLANEOUS RESOLUTION #95304
BY: General Government Committee - Kay Schmid, Chairperson
IN RE: CENTRAL SERVICES - OAKLAND/poNTIAC AIRPORT - 1995 GRANT
PROGRAM ACCEPTANCE/MASTER PLAN UPDATE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is in receipt of Michigan
Department of TrAnqpnri-Rfinn Grant Contracts, Project Nos. C-26-
0079-0795/0895/0995/1095, for Federal funds in a maximum obligation
of $5,514,716, and State funds in the amount of $221,073, for the
development and improvement of Oakland/Pontiac Airport; and
WHEREAS the projects consist of acquisition of approximately
4.09 acres and 12 parcels, design engineering, a noise
compatibility study, and rehabilitation/extension of Runway 9L/27R;
and
WHEREAS the Michigan Department of Tranqpnrhatinn has received
a block grant from the Federal Aviation Admin-ii-rAtinn for airport
development projects and shall act as agent on behalf of the County
in the administratinn of the projects; and
WHEREAS the development projects as offered and approved by
the Michigan Department of Transportation and Federal Aviation
Administration require a master plan update and a local grant
match; and
WHEREAS the Airport Committee has reviewed and approved the
master plan update and grant contracts subject to ratification by
the Oakland County Board of Commissioners and believes it to be in
the County's interest to approve the master plan update and accept
the grant contracts; and
WHEREAS the attached contracts have been approved in
accordance with the County Executive's review process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the master plan update and accepts the grant
contracts in an amount not to exceed $5,735,791.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland
County Board of Commissioners or the approved designee is
authorized to execute the master plan update and grant contracts
and to approve grant modification up to fifteen (15) percent which
is consistent with the original grant contracts.
Chairperson, on behalf of the General Government Committee, I
move the adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
CONTRACT NO. 95-2054
FED. PROJ. NO. C-26-0079-0795
AGENDA DAB
CONTRACT FOR A FEDERAL/STATE/LOCAL
AIRPORT PROJECT
UNDER THE BLOCK GRANT PROGRAM
THIS CONTRACT is made and entered into this date of , by and
between the Michigan Department of Transportation, hereinafter referred to as the
DEPARTMENT, and the Board of Commissioners of the County of Oakland, hereinafter referred
to as the SPONSOR, for the purpose of fixing the rights and obligations of the parties in agreeing
to the following undertaking at the Oakland-Pontiac Airport in Pontiac. Michigan, hereinafter
referred to as the PROJECT and estimated in detail on Exhibit 1, dated October 13, 1995,
attached hereto and made a part hereof,
Purchase of Land Parcels 209 - 220
WITNESSETH:
WHEREAS, the PROJECT is eligible for federal funding pursuant the Airport and Airway
Improvement Act of 1982 as amended and/or the Aviation Safety and Noise Abatement Act of
1979, and
WHEREAS, the DEPARTMENT has received a block grant from the Federal Aviation
Administration (FAA) for airport development projects, and
WHEREAS, the DEPARTMENT is responsible for the allocation and management of
block grant funds pursuant to the above noted act,
NOW. THEREFORE, it is agreed:
1. The term PROJECT COST, as herein used, is defined in Attachment(s) 3.
PROJECT COST shall also include administrative costs incurred by the DEPARTMENT in
connection with the PROJECT. Administrative costs incurred by the SPONSOR are not an
eligible PROJECT COST.
THE SPONSOR SHALL:
2. Select a consultant to perform each element of the PROJECT which requires such
expertise. The consultant shall be selected in accordance with FAA Advisory Circular 150/5100-
14. All consultant contracts shall be between the SPONSOR and the consultant except contracts
involving preparation of environmental documentation. Consultant contracts with the SPONSOR
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shall be submitted to the DEPARTMENT for review and approval. Any such approvals shall not
be construed as a warranty of the consultant's qualifications, professional standing, ability to
perform the work being contracted, or financial integrity. The SPONSOR shall not execute a
consultant contract nor authorize the consultant to proceed prior to receiving written approval of
the contract from the DEPARTMENT. Any change to the consultant contract requires prior
written approval of the DEPARTMENT. In the event the consultant contract is terminated, the
DEPARTMENT shall be given immediate written notice by the SPONSOR.
3. Make payment to the DEPARTMENT for the SPONSOR's share of PROJECT
COSTS within thirty (30) days of the billing date. The DEPARTMENT will not make payments
for any PROJECT work prior to receipt of payment from the SPONSOR for the SPONSOR's
share of that item of PROJECT work.
Eligible PROJECT COSTS which are paid by the SPONSOR may be submitted
for credit towards the SPONSOR's share of the PROJECT COST provided it is submitted within
180 days of the date the costs were incurred or 180 days of execution by both parties of this
agreement, whichever is later. Documentation of payment of PROJECT COST shall include
copies of the invoices and copies of both sides of the cancelled checks. The amount of the
SPONSOR billing will be reduced by the amount of the eligible credit, based on documentation
submitted, provided it is submitted prior to the date of the billing. Should it be determined that
the SPONSOR has been given credit for payment of ineligible items of work, the SPONSOR will
be billed an amount to insure that the SPONSOR share of PROJECT COSTS are covered.
The SPONSOR hereby pledges a sufficient amount of funds to meet its obligations.
4. Upon written notice from the DEPARTMENT, repay any disallowed items of cost
previously disbursed by the DEPARTMENT. Deficiencies billed to the SPONSOR shall be paid
within sixty (60) days of the billing date. If the SPONSOR has not made arrangements to make
payment within sixty (60) days, the DEPARTMENT may withhold monies from present or future
contracts and may pursue any other remedy to recover such deficiencies.
5. a. Establish and maintain accurate records, in accordance with generally
accepted accounting principles, of all expenses incurred for which payment
is sought or made under this Contract, said records to be hereinafter
referred to as the "RECORDS". Separate accounts shall be established and
maintained for all costs incurred under this Contract.
b. Maintain the RECORDS for at least six (6) years from the date of final
payment of Federal Aid made by the DEPARTMENT under this Contract.
In the event of a dispute with regard to the allowable expenses of any
other issue under this Contract, the SPONSOR shall thereafter continue to
maintain the RECORDS at least until that dispute has been finally decided
and the time for all available challenges or appeals of that decision has
expired.
c. Allow the DEPARTMENT, or its representative, to inspect, copy, or audit
the RECORDS at any reasonable time after giving reasonable notice.
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d. If any part of the work is subcontracted, the SPONSOR shall assure
compliance with subsections (a), (b), and (c) above for all subcontracted
work.
6. Provide, and will require its subcontractors to provide, access by the
DEPARTMENT or its representatives, to all technical data, accounting records, reports, and
documents pertaining to this Contract. Copies of technical data, reports, and other documents
shall be provided by the SPONSOR or its subcontractors to the DEPARTMENT upon request,
The SPONSOR agrees to permit representatives 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 and are not intended to relieve or negate any of the SPONSOR'S obligations
and duties contained in this Contract. All technical data, reports, and documents shall be
maintained for a period of six (6) years from the date of final payment,
7. In the performance of the PROJECT herein enumerated, by itself, by a
subcontractor, or by anyone acting in its behalf, agree 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
Contract.
In addition, the SPONSOR agrees to comply with the Assurances contained in
Appendix "E" (PP-A- 1)and the Special Conditions set forth in Appendix "F" attached hereto and
made a part hereof.
8. Furnish to the DEPARTMENT written reports, monthly, regarding the employment
of persons, either directly or through subcontract to this Contract, who have retired from State
of Michigan employment pursuant to 1984 PA 2 and 3. Reports must comply with the Report
Conditions and meet the Information Requirements set forth in Appendix "D", dated July IL
1986, attached hereto and made a part hereof
THE DEPARTMENT SHALL:
9. Bill the SPONSOR for the SPONSOR' s share of estimated PROJECT COST. The
DEPARTMENT will bill the SPONSOR for the SPONSOR's share of additional estimated
PROJECT COST for changes approved in accordance with Section 12 at the time of execution
of the amendment for approved work.
10. Upon receipt of payment request approved by the SPONSOR, make payment for
eligible PROJECT COSTS. The DEPARTMENT will seek reimbursement from the FAA,
through the block grant issued to the DEPARTMENT, for funds expended on eligible PROJECT
COSTS. The DEPARTMENT will not make payments for any PROJECT work prior to receipt
of payment from the SPONSOR for the SPONSOR's share of that item of PROJECT work.
11. Make final accounting to the SPONSOR upon completion of the PROJECT,
payment of all PROJECT COSTS, and completion of necessary audits. Any excesses or
deficiencies will be returned to or billed to the SPONSOR.
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IT IS FURTHER AGREED:
12. The PROJECT COST participation is estimated to be as shown below and as in
the attached Exhibit 1. Exhibit 1 is to be considered an estimate. The actual DEPARTMENT,
FAA, and SPONSOR share of the PROJECT COST will be determined at the time of financial
closure of the FAA grant.
Dollar Amount
Federal share $1,555,866
Maximum DEPARTMENT share $250
SPONSOR share $172,624
Estimated PROJECT COST $1,728340
13. The PROJECT COST shall be met in part with federal funds granted to the
DEPARTMENT by FAA through the block grant program and by DEPARTMENT funds. Upon
final settlement of costs, the federal funds will be applied to the eligible items of PROJECT
COST at the rate of 90 percent up to the maximum obligation shown in Section 12 or as revised
in the Budget Letter discussed in Section 15. The DEPARTMENT funds will be applied to the
balance of the PROJECT COST at a rate of 50 percent for those items eligible for state
participation up to the maximum obligation shown in section 12 or as revised in the Budget
Letter. Any items of PROJECT COST not funded with FAA or DEPARTMENT funds will be
the sole responsibility of the SPONSOR.
14. The SPONSOR hereby agrees the costs reported to the DEPARTMENT for this
Contract shall represent only those items which are properly chargeable in accordance with this
Contract. The SPONSOR also hereby certifies that it has read the Contract terms and has made
itself aware of the applicable laws, regulations, and terms of this Contract that apply to the
reporting of costs incurred under the terms of this Contract.
15. The PROJECT COSTS shown in Section 12 are the maximum obligation of
DEPARTMENT and federal funds under this Contract. The maximum obligation of
DEPARTMENT and federal funds may be adjusted to an amount less than the maximums shown
in Section 12, through a budget letter issued by the DEPARTMENT. A Budget Letter will be
used when updated cost estimates for the PROJECT reflect a change in the amount of funds
needed to fund all PROJECT COSTS. The Budget Letter will be signed by the Administrator
of the Airport Development Division of the Bureau of Aeronautics.
A Budget Letter shall also be used to add or delete work items from the PROJECT
description provided the costs do not exceed the maximum obligation of section 12. If the total
amount of PROJECT COSTS exceeds the maximum obligation shown in Section 12, the
PROJECT scope will have to be reduced or a written amendment to this Contract to provide
additional funds will have to be executed by both parties before the work is started,
16. In the event it is determined by the DEPARTMENT that there will be either
insufficient funds or insufficient time to properly administer such funds for the entire PROJECT
or portions thereof, the DEPARTMENT, prior to advertising or authorizing work performance,
may cancel the PROJECT, or any portion thereof, by giving written notice to the SPONSOR.
In the event this occurs, this Contract shall be void and of no effect with respect to the cancelled
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portion of the PROJECT. Any SPONSOR deposits on the cancelled portion, less PROJECT
COST incurred on the cancelled portions, will be refunded following receipt of a letter from the
SPONSOR requesting excess funds be returned, or at the time of financial closure, whichever
comes first
The DEPARTMENT shall not participate in the PROJECT COST incurred on the
cancelled portions of the PROJECT and Sections 12 and 13 shall not be construed to require the
DEPARTMENT'S participation in the cancelled portion.
Reimbursement of any costs pursuant to this section shall not constitute a final
determination by the DEPARTMENT of the allowability of such costs and shall not constitute
a waiver by the DEPARTMENT of any violation of the terms and conditions of this Contract
committed by the SPONSOR.
17. In the event that an audit performed by or on behalf of the DEPARTMENT
indicates an adjustment to the costs reported under this Contract, or questions the allowability of
an item of expense, the DEPARTMENT shall promptly submit to the SPONSOR, a Notice of
Audit Results and a copy of the audit report which may supplement or modify any tentative
findings verbally communicated to the SPONSOR at the completion of an audit.
Within sixty (60) days after the date of the Notice of Audit Results, the SPONSOR
shall: (a) repay the amount of any overpayment to the DEPARTMENT, and/or, (b) submit to
the DEPARTMENT a written response to the Notice of Audit Results explaining the nature and
basis for any disagreement as to a disallowed item of expense and/or, (c) submit to the
DEPARTMENT a written explanation as to any questioned item of expense, hereinafter referred
to as the "RESPONSE". The RESPONSE shall be clearly stated and provide any supporting
documentation necessary to resolve any disagreement or questioned item of expense. Where the
documentation is Voluminous, the SPONSOR may supply appropriate excerpts and make alternate
arrangements to conveniently and reasonably make that documentation available for review by
the DEPARTMENT. The RESPONSE shall refer to and apply the language of the Contract.
The SPONSOR agrees that failure to submit a RESPONSE within the sixty (60) day period
constitutes agreement with any disallowance of an item of expense and authorizes the
DEPARTMENT to finally decide whether to allow ar disallow any items of questioned cost.
The DEPARTMENT shall make its decision with regard to any Notice of Audit
Results and RESPONSE within one hundred twenty (120) days after the date of the Notice of
Audit Results. If the DEPARTMENT determines that an overpayment has been made to the
SPONSOR, the SPONSOR shall repay that amount to the DEPARTMENT within thirty (30) days
after the date of the written notice from the DEPARTMENT of that decision. If the SPONSOR
fails to repay the overpayment or reach agxeement with the DEPARTMENT on a repayment
schedule within the thirty (30) day period, the SPONSOR agrees that the DEPARTMENT shall
deduct all or a portion of the overpayment from any funds then or thereafter payable by the
DEPARTMENT to the SPONSOR under this Contract, or any other agreement, or payable to the
SPONSOR under the terms of 1951 PA 51. The SPONSOR expressly consents to this
withholding or offsetting of funds under those circumstances, reserving the right to file a lawsuit
in the Court of Claims to contest the DEPARTMENT's decision only as to any item of expense
the disallowance of which was disputed by the SPONSOR in a timely filed RESPONSE
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18. This Contract shall be in effect for a period of thirty six (36) months from the date
of execution.
19. Failure on the part of the SPONSOR to comply with any of the conditions in this
Contract may be considered cause for placing the SPONSOR in a state of non-compliance thereby
making the SPONSOR ineligible for future federal and/or state funds until such time the non-
compliance issues are resolved. In addition, said failure may constitute grounds for cancellation
of the PROJECT, and/or repayment of all grant amounts on a pro rata basis, if the PROJECT has
begun. In this section, pro rata means proration of the cost of the PROJECT over twenty (20)
years, if the PROJECT has not yet begun.
20. Any approvals, reviews, and inspections of any nature provided by the
DEPARTMENT shall not be construed as a warranty or assumption of liability on the part of the
DEPARTMENT. It is expressly understood and agreed that any such approvals are for the sole
and exclusive purposes of the DEPARTMENT, which is acting in a governmental capacity under
this Contract and that such approvals are a governmental function incidental to the grant which
is the subject of this Contract.
Any approvals, reviews, and inspections provided by the DEPARTMENT will riot
relieve the SPONSOR of its obligations hereunder, nor are such approvals, reviews, and
inspections provided 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.
21. In connection with the performance of PROJECT work under this Contract, the
parties hereto (hereinafter in Appendix "A" referred to as the "contractor") agree to comply with
the State of Michigan provisions for "Prohibition of Discrimination in State Contracts", as set
forth in Appendix "A", attached hereto and made a part hereof. The parties further covenant that
they will comply with the Civil Rights Act of 1964, being P.L. 88-352, 78 Stat. 241, as amended,
being Title 42 U.S.C, Sections 1971, 1975a-1975d and 2000a-2000h-6 and the Regulations of the
United States Department of Transportation (49 C.F.R. Part 21) issued pursuant to said Act,
including Appendix "B", attached hereto and made a part hereof, and will require similar
covenants on the part of any contractor or subcontractor employed in the performance of this
Contract.
22. In accordance with 1980 PA 278; MCL 423.321, et seq; MSA 17.458(22), et see,
the SPONSOR, in the performance of this Contract, shall not enter into a contract with a
subcontractor, manufacturer, or supplier listed in the register maintained by the State of Michigan.
Department of Labor, of employers who have been found in contempt of court by a FAA court
of appeals, on not less than three (3) occasions involving different violations during the preceding
seven (7) years, for failure to correct an unfair labor practice, as prohibited by Section 8 of
Chapter 372 of the National Labor Relations Act, 29 U.S.C. 158. The DEPARTMENT may void
this Contract if the name of the SPONSOR or the name of a subcontractor, manufacturer, or
supplier utilized by the SPONSOR in the performance of this Contract subsequently appears in
the register during the performance period of this Contract.
23. In any instance of dispute and/or litigation concerning the PROJECT, the resolution
thereof shall be the sole responsibility of the parties to that Contract which is the subject of the
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controversy. It is understood and agreed that any legal representation of the SPONSOR in any
dispute and/or litigation shall be the financial responsibility of the SPONSOR.
24. In addition to the protection afforded by any policy of insurance, the SPONSOR
agrees to indemnify and save harmless the State of Michigan, the Michigan State Transportation
Commission, the Michigan Aeronautics Commission, the DEPARTMENT, the FAA, and all
officers, agents, and employees thereof:
a. from any and all claims by persons, firms, or corporations 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 of, any and all persons, and
for loss of or damage to property and environmental damage or
degradation, response and clean up costs and from attorney fees and related
costs arising out of under, or by reason of the SPONSOR's performance
of the project assignments under this Contract, except claims resulting from
the sole negligence of said indemnitee, its agents or employees.
25. The DEPARTMENT and the FAA shall not be subject to any obligations or
liabilities by contractors of the SPONSOR or their subcontractors or any other person not a party
to this Contract without its specific consent and notwithstanding its concurrence in or approval
of the award of any contract or subcontract, or the solicitation thereof.
26. It is expressly understood and agreed that the SPONSOR shall take no action or
conduct which arises either directly or indirectly out of its obligations, responsibilities, and duties
under this Contract, which results in claims being asserted against or judgments being imposed
against the State of Michigan, the DEPARTMENT, the FAA, the Michigan State Transportation
Commission, and/or the Michigan Aeronautics Commission. In the event that the same occurs,
for the purposes of this Contract it will be considered as a breach of this Contract thereby giving
the State of Michigan, the DEPARTMENT, the FAA, the Michigan State Transportation
Commission, and/or the Michigan Aeronautics Commission a right to seek and obtain any
necessary relief or remedy, including, but not by way of limitation, a judgment for money
damages.
27. In case of any discrepancies between the body of this Contract and any Exhibit
hereto, the body of the Contract shall govern.
28. This Contract shall become binding on the parties 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 authorizing the signatures
thereto of the respective officials of the SPONSOR, a certified copy of which resolution shall be
attached to this Contract.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the
day and year first above wTitten.
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BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND
BY:
TITLE:
MICHIGAN DEPARTMENT OF TRANSPORTATION
BY:
TITLE: Department Director
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December 7, 1995
FISCAL NOTE (MiSC. #95304)
EY: FINANCE AND PERSONNEL COMMITTEE, JOHN P. MCCULLOCH, CHAIRPERSON
IN RE: CENTRAL SERVICES - OAKLAND/PONTIAC AIRPORT - 1995 GRANT ACCEPTANCE/MASTER
PLAN UPDATE
TO THE OAKLAND COUNTY BOARD OF COMMISSIDNERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XL-1-G of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #95304and finds:
Oakland County has received a Michigan Department of Transportation
Grant Contracts, Project Nos C-26-0079-0795/0895/0995/1095, for
Federal funds of $5,514,71E, and State funds in the amount of
$221,075 for the development and improvement of the Oakland/Pontiac
Airport.
2) County match funds are planned for in the Airport Capital
Improvement Fund and are being requested as a General fund
appropriation from the contingency account (4-10100-909-01-00-9900)
in the amount of $393,449, consistent with the following budget
amendment:
1995
($393,449)
393,449
$ - -
4-10100-909-01-00-9900 General Fund Contingency
4-58110-137-01-00-3382 Local Grant Match
Should the Airport Fund not fully utilize the grant funds received,
reducing the required match, the General Fund will be reimbursed up
to the amount of the reduced Local Grant Match.
4) The Airport Committee has reviewed and approved the grant subject to
ratification by the Oakland County Board of Commissioners.
FINANCE AND PERSONNEL COMMITTEE
I )
I HER 4ppi r.:-.--" jE THE FOREGOING RESC1C
:441Cla
L. Brooks Pato21 &ion, county Executive Date _
L. Brooks Pato21 &ion, .,ounty Executive Date
Resolution 495304 December 7, 1995
Moved by Schmid supported by Palmer the Planning and Building Committee
Report be accepted,
A sufficient majority having voted therefor, the report was accepted.
Moved by Schmid supported by Palmer the resolution be adopted.
AYES: McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers,
Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield,
Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law. (25)
NAYS: None. (d)
A sufficient majority having voted therefor, the resolution was adopted.
lip.mmlwn11
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. A:.len, 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 December 7, 1995 with the original
record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the
County of Oakland at Pontiac, Michigan this 7th day
(
f Decem 19
( "LC?
. Allen, County Clerk