HomeMy WebLinkAboutResolutions - 1996.12.12 - 24710:December 12, 1996 . •
MISCELLANEOUS RESOLUTION #96281
BY: General Government Committee - Kay Schmid, Chairperson
IN RE: CENTRAL SERVICES - OAKLAND COUNTY INTERNATIONAL AIRPORT -
1996 GRANT PROGRAM ACCEPTANCE/DESIGN ENGINEERING
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is in receipt of Michigan
Department of Transportation Grant Contract, Project No. C-26-0079-
1196, for Federal funds in a maximum obligation of $338,000, and
State funds in the amount of $18,778, for the development and
improvement of Oakland County International Airport; and
WHEREAS the project consists of design engineering for
rehabilitation of Runway 9R/27L,associated taxiways and hold apron;
mapping/ALP and Exhibit "A" update; and
WHEREAS the Michigan Department of Transportation has received
a block grant from the Federal Aviation Administration for airport
development projects and shall act as agent on behalf of the County
in the administration of the project; and
WHEREAS the development project as offered and approved by the
Michigan Department of Transportation and Federal Aviation
Administration requires a local grant match; and
WHEREAS the Airport Committee has reviewed and approved the
grant contract subject to ratification by the Oakland County Board
of Commissioners and believes it to be in the County's interest to
accept the grant contract; and
WHEREAS the attached contract has been approved in accordance
with the County Executive's review process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the grant contract in an amount not to exceed
$356,778.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland
County Board of Commissioners or the approved designee is
authorized to execute the grant contract and to approve grant
modification up to fifteen (15) percent which is consistent with
the original grant contract.
On behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
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C,11
AGREEMENT NO. 96-810
FED. PROJ. NO, C-26-0079-1196
AGENDA DAB
AGREEMENT FOR A FEDERAL/STATE/LOCAL
AIRPORT PROJECT
UNDER THE BLOCK GRANT PROGRAM
THIS AGREEMENT is made and entered into this date of , by and
between the Michigan Department of Transportation, hereinafter referred to as the DEPARTMENT,
and the Hoard of Commissioners of the County ofOakland, 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 County Airport whose associated city is Pontiac, Michigan, hereinafter
referred to as the PROJECT and estimated in detail on Exhibit 1, dated November 19, 1996, attached
hereto and made a part hereof.
Design Engineering to Rehabilitate existing Runway 9R127L including Taxiways and
Hold Apron; Mapping/ALP & Exhibit "A" Update
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 16. 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:
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2. Enter into a contract with a consultant for each element Of the PROJECT which
requires such expertise. The consultant shall be selected in conformance with FAA Advisory Circular
150/5100-14. The DEPARTMENT shall select the consultant for each element of the project
involving preparation of environmental documentation, The SPONSOR shall select the consultant
for all other aspects. Al! consultant contracts 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 cheeks. 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 fiiture
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 Agreement, said records to be hereinafter referred
to as the "RECORDS". Separate accounts shall be established and maintained
for all costs incurred under this Agreement.
b. Maintain the RECORDS for at least six (6) years from the date of final
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payment of Federal Aid made by the DEPARTMENT under this Agreement.
In the event of a dispute with regard to the allowable expenses of any other
issue under this Agreement, 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,
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 Agreement. 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
Agreement. 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 Agreement.
In addition, the SPONSOR agrees to comply with the Assurances contained in
Appendix "E" (PP-A-0 and the Special Conditions set forth in Appendix "F" attached hereto and
made a part hereof
THE DEPARTMENT SHALL:
8, 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 11 at the time of execution of the
amendment for approved work.
9. 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 ally PROJECT work prior to receipt of payment
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from the SPONSOR for the SPONSOR's share of that item of PROJECT work.
10. 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.
IT IS FURTHER AGREED:
11. 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 $338,000
Maximum DEPARTMENT share $18,778
SPONSOR share $18 778
Estimated PROJECT COST $375,556
12, 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 11 or as revised in the
Budget Letter discussed in Section 14. 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 11 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,
13. The SPONSOR hereby agrees the costs reported to the DEPARTMENT for this
Agreement shall represent only those items which are properly chargeable in accordance with this
Agreement. The SPONSOR also hereby certifies that it. has read the Agreement terms and has made
itself aware of the applicable laws, regulations, and terms of this Agreement that apply to the
reporting of costs incurred under the terms of this Agreement,
14. The PROJECT COSTS shown in Section 11 are the maximum obligation of
DEPARTMENT and federal funds under this Agreement. The maximum obligation of
DEPARTMENT and federal funds may be adjusted to an amount less than the maximums shown in
Section 11, 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.
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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 11. If the total
amount of PROJECT COSTS exceeds the maximum obligation shown in Section Ii, the PROJECT
scope will have to be reduced or a written amendment to this Agreement to provide additional funds
will have to be executed by both parties before the work is started.
15. 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 Agreement shall be void and of no effect with respect to the cancelled 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 11 and 12 shall not be construed to require the
DEPARTMENT's participation in the cancelled portion.
Reimbursement of any costs pursuant to this section shall mit 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 Agreement
committed by the SPONSOR,
16. In the event that an audit performed by or on behalf of the DEPARTMENT indicates
an adjustment to the costs reported under this Agreement, 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 (SO) days Mier the date of the Notice of Audit Results, the SPONSOR shall: (a)
respond in writing to the responsible Bureau of the Department indicating whether or not they concur
with the audit report, (b) clearly explain the nature and basis for any disagreement as to a disallowed
item of expense and, (c) submit to the DEPARTMENT a written explanation as to any questioned
or no opinion expressed 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 or no opinion expressed 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 Agreement. 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 disallow any items
of questioned or no opinion expressed cost.
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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, or reach agreement with the
DEPARTMENT on a repayment schedule, within thirty (30) days after the date of an invoice from
the DEPARTMENT. If the SPONSOR fails to repay the overpayment or reach agreement 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 Agreement, or any other
agreement, or payable to the SPONSOR under the terms of 1951 PA 51, as applicable, Interest will
be assessed on any partial payments or repayment schedules based on the unpaid balance at the end
of each month until the balance is paid in full. The assessment of interest will begin thirty (30) days
from the date of the invoice. The rate of interest will be based on the Michigan Department of
Treasury common cash funds interest earnings. The rate of interest will be reviewed annually by the
DEPARTMENT and adjusted as necessary based on the Michigan Department of Treasury common
cash funds interest earnings. 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 DEPARTMENTS decision only as to any item of expense the disallowance of which was disputed
by the SPONSOR in a timely filed RESPONSE.
17. This Agreement shall be in effect for a period of thirty six (36) months from the date
of execution.
18. Failure on the part of the SPONSOR to comply with any of the conditions in this
Agreement 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.
19. 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
Agreement. and that such approvals are a governmental function incidental to the grant which is the
subject of this Agreement.
Any approvals, reviews, and inspections provided by the DEPARTMENT will not
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.
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20. In connection with the performance of PROJECT work under this Agreement., 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 Agreements", 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, 7$ 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 Agreement.
21, In accordance With 1980 PA 278; MCL 423.321, et seq; MSA 17.458(22), et _seq, the
SPONSOR, in the performance of this Agreement, 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 Agreement
if the name of the SPONSOR or the name of a subcontractor, manufacturer, or supplier utilized by
the SPONSOR in the performance of this Agreement subsequently appears in the register during the
performance period of this Agreement.
22. In any instance of dispute and/or litigation concerning the PRO3ECT, the resolution
thereof shall be the sole responsibility of the parties to that Agreement which is the subject of the
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.
23. 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 Agreement, except claims resulting from the sole
negligence of said indemnitee, its agents or employees.
24, The DEPARTMENT and the FAA shall not be subject to any obligations or liabilities
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by contractors of the SPONSOR or their subcontractors or any other person not a party to this
Agreement without its specific consent and notwithstanding its concurrence in or approval of the
award of any contract or subcontract, or the solicitation thereof
25. 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 Agreement, 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 Agreement it will be considered as a breach of this Agreement 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,
26. In case of any discrepancies between the body of this Agreement and any Exhibit
hereto, the body of the Agreement shall govern.
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27. This Agreement 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 Agreement and authorizing the signatures thereto of the
respective officials of the SPONSOR, a certified copy of which resolution shall be attached to this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement. to be executed the
day and year first. above written,
BOARD OF COMMISSIONERS OF THE COUNTY OP OAKLAND
BY:
TITLE:
MICHIGAN DEPARTMENT OF TRANSPORTATION
BY:
TITLE: Department Director
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EXHIBIT I
OAKLAND COUNTY INT'L AIRPO
PONTIAC, MICHIGAN
$0 $0 CONSTRUCTION $0 $0
$0 $0
$0 $0 $0 $0
$0 $0 $0 $0
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Project No. C-26-0079-1196
19—Nov-96
Federal State Local Total
ADMINISTRATION ... $1,350 - $75 _ _ $75 $1 500
DEPARTMENT —AERO $1,350 $75 $75 $1,500
ENGINEERING _ $336,650 $18,703 $18,709 $374O56
AERO — Design $3,498 $194 $194 $3,887
Consultant — Design $183,752 $10,208 $10,208 $204,169
AERO — Const Supv $0 $0 $0 $0
Consultant — Const Supv $0 $0 $0 $0
Mapping / ALP Update— Phase 2 $149,400 $8,300 $8,300 $166,000
$0 $0
CONTINGENCIES
TOTAL PROJECT BUDGET $338,000 $18,778 $18,778 $375,556
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ATTACHMENT 16 DRAFT COPY
SUPPLEMENTAL PROVISIONS FOR FEDERAL/STATE/LOCAL CONTRACTS
INVOLVING ONLY PRELIMINARY ENGINEERING
AT ALL CLASSIFICATION OF AIRPORTS
1. The term "PROJECT COST" shall include the cost of the consultant hired to do
preliminary/design engineering for a future project.
2. The SPONSOR hereby agrees that it will maintain said Airport in full operating
condition on.a year-round basis ihr a period of twenty (20) years in accordance with class "C"
licensing requirements set forth by the Michigan Aeronautics Commission rules and regulations.
During this period, the Airport shall not be abandoned or permanently closed without the express
.written permission of the DEPARTMENT.
3. In addition to the requirements of paragraph 2 of these supplemental provisions, and
not in lieu thereof, should the SPONSOR desire to abandon, close, sell or otherwise divest itself of
the airport or any portion thereof, the SPONSOR agrees to also provide to the DEPARTMENT a
Prior written notice of any such intent giving the DEPARTMENT, for a period of one hundred
eighty (180) days after receipt of such notice, a first right to purchase at fair market value the airport
and/or all facilities thereon, Fair market value shall be determined by an independent appraisal of
such properties.
The notice of intent and first right to purchase shall be provided via registered or
certified mail, return receipt, postage prepaid, addressed to the Deputy Director of the Bureau of
Aeronautics, Michigan Department of Transportation.
4. The SPONSOR will operate and maintain in a safe and serviceable condition the
Airport and all facilities thereon and connected therewith which are necessary to serve the
aeronautical users of the Airport other than facilities owned or controlled by the United States in the
State of Michigan, and will not permit any activity thereon which would interfere with its use for
airport purposes; provided that nothing herein shall be construed as requiring the maintenance,
repair, restoration, or replacement of any structure or facility which is substantially damaged or
destroyed due to any act of God or other condition or circumstances beyond the control of the
SPONSOR.
5. The SPONSOR will, either by the acquisition and retention of easements or other
interests in or rights for the use of land or airspace, or by the adoption and enforcement of zoning
regulations, prevent the construction, erection, alteration or growth of any structure, tree or other
object in the approach areas of the runways of the Airport, which would constitute an obstruction
to air navigation according to the criteria or standards prescribed in FAA Advisory Circulars.
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APPENDIX A
PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS
Jo connection with the performance of work under this contract; the contractor agrees as follows:
1. In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees not to discriminate against an employee
or applicant for employment with respect to hire, tenure, terms, cooditions, or privileges of employment, or as a matter
directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, vitight, or
marital status. Further, in accordance with Act No, 220, Public Acts of 1976 as amended by Act No. 478, Public Acts of 1980
the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect to hire,
tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of
a handicap that is unrelated to the individual's ability to perform the duties of a particular job or position. A breach of the
above covenants shall be regarded as a material breach of this contract.
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in this
contract is to he performed, shall cOntain a covenant the same as hercinabove set forth In Section 1 of this Appendix.
3, The contractor will take affirmative action to insure that applicants for employment and employees are treated without
regard to their race, color, religion, national origin, age, sex, height, weight, matte) status or a handicap that is unrelated
to the individual's ability to perform the duties of a particular job or position. Such action shall include, but not be limited
to, the following; employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship.
4. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that
all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, age,
sex, height, weight, marital status or handicap that is unrelated to the individual's ability to perform the duties of a
particular job or position.
5. The contractor or his collective bargaining representative will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union
or workers' representative orate contractor's commitments under this appendix,
6. The contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil Rights
Commission which may be in effect prior to the taking of bids for any individual state project.
7. The contractor will furnish and file compliance reports within such time and upon such forms as provided by the Michigan
Civil Rights Commission, said forms may also elicit information as to the practices, policies, program, and employment
statistics of each subcontractor as well as the contractor himself, and said contractor will permit access to his books, records,
and accounts by the Michigan Civil Rights Commission and/or its agent, for purposes of investigation to ascertain
compliance with this contract and relevant with rules, regulations, and orders of the Michigan Civil Rights Commission.
8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has not
compiled with the contractual obligations under this agreement, the Civil Rights Connnission may, as part of its order based
upon such findings, certify said findings to the Administrative Board of the State of Michigan, which Administrative Board
may order the cancellation of the contract found to have been violaled and/or declare the contractor ineligible for future
contract* with the state and its political and civil subdivisions, departments, and officers, and including the governing boards
of institutions of higher education, until the contractor complies with said order of she Civil Rights Commission. Notice of
said declaration of future Ineligibility may he given to any or all of the persons with whom the contractor is declared
ineligible to contract as a contracting party in future contracts. In any case before the Civil Rights Commission in which
cancellation of an existing contract is a possibility, the contracting agency shall be notified of such possible remedy and shall
he given the option by the Civil Rights Commission to participate in such proceedings.
9. The contractor wW include, or incorporate by reference, the provisions of the foregoing paragraphs (1) through (8) in every
subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights Commission,
and will provide in every subcontract or purchase order that said provisions will be binding upon each subcontractor or
seller. August. 1985
MDOT-.HEROMHUTICS. ,
. TEL:517 - 86- 0366 . Noi 1 , 6 17 22 N o . F' .14
Appendix
(Aeronautic')
CIVIL RIG' ITS ACT OF 1964, TITLE VI - 49 CFR FART 21
CONTRACTUAL REQUIREMENTS
During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as
the "contractor") agrees as follows:
1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination In
federally !Unlisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part
21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by
reference and made part of this contract.
2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement
of materials and lemon of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited
by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of
the Regulations.
3. Solicitations for Subcontracts, Including Procurement of materials and equipment. In all solicitations either by
competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurement
of materials or leases of equipment, each potential subcontractor or supplier shall he notified by the contractor of the contractor's
obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin,
4. Information and Reports. The contractor shall provide all information and reports required by the Regulations
or directives issued pursuant thereto and shall permit access to its hooks, records, accounts, other sources of information, and its
farilitleS as may he determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance
with such Regulations, orders, and instructions, Where any information required of a contractor is in the exclusive possession of
another who falls or refuses to furnish this information, the contractor shall so certify to the sponsor of the FAA, as appropriate, and
shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance, In the event of the contractor's noncompliance with the nondiscrimination provisions
of this contract, the sponsor shall impose such contract sanctions as it. or the FAA may determine to be appropriate, including, but
not limited to
a. Withholding of payments to the contractor under the contract until the contractor complies, and/or
b. Cancellation, termination, or suspension of the contract, In whole or in part.
6. incorporation of Provisions. The contractor shall include the provisions of paragraphs I through 5 In cvers
subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued
pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA
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 supplier as a result of Ruch direction, the
contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor
may request the United States to enter into such litigation to protect the interests of the United States.
Airport Name:
Associated City:
Project. No.:
Oakland County
Pontiac, Ml
C-26-0079-1196
APPENDIX F
SPECIAL CONDITIONS
I. RUNWAY pROTFCTION ZONFS 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 PPe.Title intPrest in_the-Runway_P_xotection
The Sponsor agrees to prevent the erection or creation of any structure or place of
public assembly in the Runway Protection Zone, 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_ Proleetion..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, shopping centers, and
stadiums.
2, A.11LAND_WATER QUALITY 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.
3. BITY.. _AMERICA.N_REQUiRF.MENT Unless otherwise approved by the FAA, the
Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or
manufactured products produced outside the United States to be used for any project for
airport development or noise compatibility for which funds are provided under this grant.
The Sponsor will include in every contract a provision implementing this special condition.
4. WASTEJILSPOSAI. SITFS It is hereby agreed by and between the parties hereto that,
within its authority, the Sponsor will not approve or permit the establishment, or existence
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11_I I I 1.
of a waste disposal site which has been determined to be objectionable under the provisions
of FAA Order 5200.5A, dated January 31, 1990, entitled "Waste Disposal Sites On or
Near Airports."
5. OPilhLBIDDLNG The Sponsor agrees not to include in any bid specification, project
agreement, or other controlling documents to perform construction activities under this
grant, any provisions which would:
a. Require bidders, offerors, contractors, or subcontractors to enter into or adhere to
agreements with one or more labor organizations, on the same or other related
construction project(s), or
b. Otherwise discriminate against bidders, offerors, contractors, or subcontractors for
refusing to become or remain signatories or otherwise adhere to agreements with
one or more labor organizations, on the same or other related construction
project(s), or
c. Require any bidder, offeror, contractor, or subcontractor to enter into, adhere to,
or enforce any agreement that requires its employees, as a condition of
employment, to:
(1) become members of or affiliated with a labor organization, or
(2) pay dues or fees to a labor organization, over an employee's objection, in
excess of the employee's share of labor organization costs relating to
collective bargaining, contract administration, or grievance adjustment.
The Sponsor further agrees to require any contractor or subcontractor to agree to
not include any similar provision which would violate paragraphs a through c
above in their Contracts or subcontracts pertaining to the projects under this grant.
6. PA vElsIENT.MATNIEN ANC E _ MA NA GEM ENT. P _ (PaL 95,2) For a project
to replace or reconstruct payment at the airport, the Sponsor shall implement an effective
airport prement maintenance, program as is required by airport Sponsor Assurance Number
C-11. The Sponsor shall use such program for the useful life of any pavement
constructed, reconstructed, or repaired with federal financial assistance at the airport. As
a minimum, the program must. conform with the provisions outlined below:
Pavem en Lig ainten an ce_Manage mew_ Proryam
An effective pavement maintenace management program is one that details the procedures
to be followed to assure that proper pavement maintenace, both preventive and repair, is
performed. An airport sponsor may use any form of inspection program it deems
appropriate. The program must, as a minimum, include the following:
a.Pavement Inventory. The following must be depicted in an appropriate form and
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n 11..1...1 1 LILA 1_11110_, I i LI._ •
1 I -
level of detail:
(1) location of all runways, taxiways, and aprons;
(2) dimensions;
(3) type of pavement, and;
(4) year of construction or most recent major rehabilitation.
For compliance with the Airport Improvement Program (AIP) assurances,
payments that have been constructed, reconstructed, or repaired with federal
financial assistance shall be so depicted.
b. Inspection Schedule.
(I) Detailedinspection. A detailed inspection must be performed at least once
a year. If a history of recorded pavement deterioration is available, i.e.,
Pavement Condition Index (PCI) survey as set forth in Advisory Circular
150/5380-6, "Guidelines and Precedures for Maintenance of Airport
Pavements," the frequency of inspection may be extended t three years.
(2) Drive-fly Inspection. A drive-by inspection must be performed a minimum
of once per month to detect unexpected changes in the pavement condition.
e. Record Keeping. complete information on the findings of all detailed inspections
and on the maintenance performed must be recorde.d and kept on file for a
minimum of five years. The types of distress, their locations, and remedial action,
scheduled or performed, must be documented. The minimum information to be
listed below:
(I) inspection date,
(2) location,
(3) distress types, and
(4) maintenance scheduled or performed.
For drive-by inspections, the date of inspection and any maintenance performed
must be recorded.
d. Information Retrieval. An airport sponsor may use any form of record keeping
it deems appropriate, so long as the information and records produced by the
pavement survey can be retrieved to provide a report to the FAA as may be
required.
e. Reference. Refer to Advisory Circular 150/5380-6, "Guidelines and Procedures
for Maintenance of Airport Pavements," for specific guidelines and procedures for
maintaining airport pavements and establishing an effective maintenance program.
Specific types of distress, their probable causes, inspection guidelines, and
recommended methods of repair are presented.
APPROAril T .1011T_CLEARING 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.
8. FAELPARKING 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.
9. 111:1LITX.RELOCATION_IN.ERMECT it is understood and agreed by and between the
parties hereto that the United States shall not participate in the cost of any utility relocation
unless and until the Sponsor has submitted evidence satisfactory to the FAA that the
Sponsor is legally responsible for payment of such costs. FAA participation will be
limited to those utilities located on private right-of-way or utilities that exclusively serve
the Airport.
• 1-1
FISCAL NOTE (Misc. #96281)
BY: FINANCE AND PERSONNEL COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: DEPARTMENT OF CENTRAL SERVICES - OAKLAND COUNTY INTERNATIONAL AIRPORT
- 1996 GRANT PROGRAM ACCEPTANCE/DESIGN ENGINEERING
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance and Personnel
Committee has reviewed the above referenced resolution and finds:
1. Oakland County has received a Michigan Department of
Transportation Grant Contract, Project No. C-26-0079-1196, for
Federal Funds of $338,000, and State funds in the amount of
$18,778, for development and improvement of Oakland County
International Airport. The projects consists of design
engineering for rehabilitation of Runway 9R/27L, associated
runways and hold apron.
2. A County match in the amount of $18,778 is required and funding is
available in the current Airport fund balance
3. The Airport Committee has reviewed and approved the grant subject
to ratification by the Oakland County Board of Commissioners.
4. No amendment to the 1996 budget is required.
FINANCE AND PERSONNEL COMMITTEE
aw,„, /de2eja-,
• 1, r
Resolution #96281 December 12, 1996
Moved by Schmid supported by Wolf the resolution be adopted.
AYES: Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub,
Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon,
Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
I HEREBYAPPR HE FOREGOING RESOLUTION
,7 //n/5.4
L. — 117) -Wks ttereon. County Executive Date
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 December 12, 1996 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 12th day of December 1996.
''.1755n D. Allen, County Clerk