HomeMy WebLinkAboutResolutions - 2000.06.15 - 26086July 15, 2000
MISCELLANEOUS RESOLUTION #00157
BY: General Government Committee - Shelley G. Taub, Chairperson
IN RE: CENTRAL SERVICES - OAKLAND COUNTY INTERNATIONAL AIRPORT -
2000 GRANT PROGRAM ACCEPTANCE - REFLECTORS AND TAXIWAY LIGHTING
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 No. 2000-0432, Project No. FM 63-01-C84, for State
funds in the amount of $63,900, for the development and improvement of Oakland
County International Airport; and
WHEREAS the project consists of installation of reflectors and
rehabilitation of taxiway lighting for Taxiways A and G; and
WHEREAS the Michigan Department of Transportation 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 requires a local grant match of $7,100, which is
available from the airport fund; 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; and
WHEREAS no application was requested from Oakland County, therefore the
application provisions of M.R. #95098, do not apply.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the grant contract in an amount not to exceed $71,000.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of
Commissioners is authorized to execute the grant contract.
On behalf of the General Government Committee, I move the adoption of the
foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
General Government Committee Vote:
Motion carried on unanimous roll call vote with Patterson absent
CONTRACT NO. 2000-0432
AGENDA: DAB
CONTRACT FOR A STATE/LOCAL
AIRPORT PROJECT
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 Oakland County Board of Commissioners, 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 Oakland County International Airport, whose associated city is Pontiac,
Michigan, hereinafter referred to as the "PROJECT," described in detail in Exhibit 1, dated May 26,
2000, attached hereto and made a part hereof
PROJECT DESCRIPTION: Installation of reflectors and rehabilitation of Medium Intensity
Taxiway Lighting for Taxiway A and G, including consultant supervision. This work is
further defined in Contract No. 63-01-C84.
NOW, THEREFORE, the parties ag ree that:
1. The term "PROJECT COST," as herein used, is defined in Attachment(s) 7, attached hereto
and made a part hereof PROJECT COST will also include administrative costs incurred by
the DEPARTMENT in connection with the PROJECT . Administrative costs incurred by the
SPONSOR are not eligible PROJECT COSTS.
THE SPONSOR WILL:
2. Pledge sufficient funds to meet its obligations as outlined in this Contract.
3. With regard to audits and record-keeping,
a. The SPONSOR ‘vill 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 vill be established and maintained for all costs
incurred under this Contract.
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b. The SPONSOR will comply with the provisions of 1951 PA 51; MCL 247.660h;
MSA 9.1097 (10i).
c. The SPONSOR will maintain the RECORDS for at least three (3) years from the date
of final payment made by the DEPARTMENT under this Contract. In the event of
a dispute with regard to the allowable expenses or any other issue under this Contract,
the SPONSOR will 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. •
d. The DEPARTMENT or its representative may inspect, copy, or audit the RECORDS
at any reasonable time after givinu, reasonable notice.
e. If any part of the work is subcontracted, the SPONSOR will assure compliance with
subsections (a), (b), (c), and (d) above for all subcontracted work.
4. Provide and will require its subcontractors to provide access by the DEPARTMENT or its • .. - representatives to all technical data reports, and documents pertaining to this Contract.
Copies of technical data reports, and other documents will 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 tithe. 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 will be Maintained for a period of
three (3) years from the date of final payment.
5. The SPONSOR agrees to pay each subcontractor for the satisfactory completion of work
associated with the subcontract no later than ten (10) calendar days from the receipt of each
payment the SPONSOR receives from the DEPARTMENT. The SPONSOR agrees further
to return retainage payments to each subcontractor within ten (10) calendar days after the
subcontractor's work is satisfactorily completed. Any delay or postponement of payment
from these time frames may occur only upon receipt of written approval from the Engineer.
These requirements are also applicable to all sub-tier subcontractors and will be made a part
of all subcontract agreements.
This prompt payment provision is a requirement of 49 CFR, Part 26.29, and does not confer
third-party beneficiary right or other direct right to a subcontractor against the
DEPARTMENT. This provision applies to both Disadvantaged Business Enterprise (DBE)
and non-DBE subcontractors.
In the performance of the PROJECT by itself, by a subcontractor, or by anyone acting on its
behalf, the SPONSOR agrees that it will comply with any and all state, federal, and applicable
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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.
THE DEPARTMENT WILL:
7. Make final accounting to the SPONSOR upon completion of the PROJECT, pay of all
PROJECT COSTS, and complete all necessary audits. Any excesses or deficiencies will be
returned to or billed to the SPONSOR.
IT IS FURTHER AGREED:
8. 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 and
SPONSOR shares of the PROJECT COST will be determined at the time offinancial closure
of the PROTECT.
Dollar Amount
Maximum DEPARTMENT share 63,900
SPONSOR Share 7,100
Estimated PROJECT COST 71,000
9. The PROJECT COST will be met in part by contributions from the DEPARTMENT. The
DEPARTMENT funds will be .applied to the PROJECT . COST at a rate of 90% for those
items eligible for - state participation, in an amount not to exceed the maximum obligation
shown in Section 8. Any items of PROJECT COST not funded with DEPARTMENT funds
will be the sole responsibility of the SPONSOR.
10. The SPONSOR agrees the costs reported to the DEPARTMENT for this Contract will
represent only those items that are properly chargeable in accordance with this Contract. The
SPONSOR also 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.
Any change in scope of the PROJECT, the DEPARTMENT's share of the PROJECT cost,
or the term of this Contract will be by award of a prior written amendment to this Contract
by the parties.
12. 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 will be void and of no effect with respect to the canceled
11.
PublicSTATELOC vi -• 6/1/00
portion of the PROJECT. Any SPONSOR deposits on the canceled portion less PROJECT
COST incurred on the canceled 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 conies first.
The DEPARTMENT will not participate in the PROJECT COST incurred on the canceled
portions of the PROJECT, and Section 9 will not be construed to require the
DEPARTMENT's participation in the canceled portion.
13. Payment of or reimbursement to the SPONSOR of any cost by the DEPARTMENT will not
constitute a final determination by the DEPARTMENT of the allowability of such cost and
will not constitute a waiver by the DEPARTMENT of any violation of the terms of this
Contract committed by the SPONSOR. The DEPARTMENT will make final determination
as to allowability only after final audit of the PROJECT.
14. All agreements and/or contracts or supply requisitions involving DEPARTMENT funds will
comply with Title 49, CFR Part 18, incorporated herein by reference as if the same were
repeated in full herein.
15. 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 will 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 lcompletion ot ari audit
Within sixty (60) days after the date of the Notice of Audit Results, the SPONSOR will (a)
respond in writing to the responsible Bureau of the Department indicating whether or not it
concurs with the audit report, (b) clearly explain the nature and basis for any disagreement
as to a disallowed item of expense, and 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 will be clearly stated and will 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 excepts and make alternate arrangements to conveniently and reasonably make
that documentation available for review by the DEPARTMENT. The RESPONSE will 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 disallow any items of
questioned or no opinion expressed cost.
The DEPARTMENT will 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
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SPONSOR, the SPONSOR will 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 will 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 195 1 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 lunds 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.
16. This Contract will be in effect for a period of 36 months from the date of award.
17. Any approvals, reviews, and inspections of any nature by the DEPARTMENT will not be
construed as .a 'warranty or assumption or 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 aôermentl 'capacity under this
Contract, and that such approvals are a governmental function incidental to the grant that is
the subject of this Contract.
Any approvals, reviews, and inspections 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.
18. In connection with the performance of PROJECT work under this Contract, the parties
(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. Section 1971, 1975a-I975d 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 ofany contractor or subcontractor employed in the performance
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1.
of this Contract.
19. In accordance with 1980 PA 278; MCL 423.321 et se q; MSA 17.458(22), et seq, the
SPONSOR, in the performance of this Contract, will 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 federal court of appeals on not less that 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.
20. In any instance of dispute and/or litigation concerning the PROJECT, the resolution thereof
will be the sole responsibility of the parties to the contract that is the subject of the
controversy. It is understood and agreed that any legal representation of the SPONSOR in
pursuing the resolution of any dispute and/or litigation will be the responsibility of the
SPONSOR.-
21. The DEPARTMENT and the FAA will not be subject to any obligations or liabilities by
contractors of the SPONSOR or their subcontractors or any other person not a party to the
contract without their specific consent and notwithstanding their concurrence in or approval
of the award Of any contract or subcontract or the solicitationthereof. r. . , . .
22. Each party to this Contract will remain responsible for any claims arising out of that party's
performance of this Contract as provided by this Contract or by law.
This Contract is not intended to increase or decrease either party's liability for or immunity
from tort claims.
This Contract is not intended to nor will it be interpreted as giving either party a right of
indemnification, either by contract or at law, for claims arising out of the performance of this
Contract.
23. All software used by the SPONSOR in the performance of services for the DEPARTMENT
under this Contract, either for sale or license to the DEPARTMENT and used by the
DEPARTMENT prior to, during, or after the calendar year 2000, includes or will include, at
no added cost to the DEPARTMENT, design and performance so as not to cause delay in
completion of the services under this Contract or cause the DEPARTMENT to experience
software abnormalities and/or the generation of incorrect results from the software due to
date-oriented processing in the operation of the business of the DEPARTMENT. Also, any
software used by the SPONSOR to carry out its normal business, e.g. accounting and payroll,
6/1/00 6 PublicSTATELOC vi
will not cause delay in completion of the services under this Contract due to date-oriented
processing in the operation of the business of the SPONSOR. Therefore, any business failure
due to software problems attributed to the calendar year 2000 is unacceptable as a cause for
delay in providing services under this contract.
To insure year 2000 compatibility, the software design will include, but is not limited to, data
structures (databases, data files, etc.) that provide 4-digit date century; stored data that
contain date century recognition, including, but not limited to, data stored in databases and
hardware device internal system dates; calculations and program logic (e.g. sort algorithrris,
calendar generation, event recognition, and all processing actions that use or produce date
values) that accommodates same century and multi-century formulas and date values;
interfaces that supply data to and receive data from other systems or organizations that
prevent non-compliant dates and data from entering any State system; user interfaces (i.e.,
screens, reports, etc.) that accurately show 4-digit years; and assurance that the year 2000 will
be correctly treated as a leap year within all calculation and calendar logic. .
24. In case of any discrepancies between the body of this Contract and any Exhibit(s) hereto, the
body of the Contract will govern.
25. This Contract will become binding on the parties and of full force and effect upon signing by
the duly authorized officials for the SPONSOR and for the DEPARTMENT and upon the
adoption of a resolution approving said Contract and authorizing the signatures thereto of the
respective official(s) of the SPONSOR; a certified copy of which resolution will be attached
to this Conti act with the approval o.t' the State Administrative Board
IN WITNESS WHEREOF, the parties have caused this Contract to be awarded.
OAKLAND COUNTY BOARD OF COMMISSIONERS
BY:
Title:
MICHIGAN DEPARTMENT OF TRANSPORTATION
BY:
Title: Department Director
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ADMINISTRATION
DEPARTMENT-AERO
$0 $7,560 $840 $8,400 ENGINEERING
EXHIBIT 1
OAKLAND COUNTY INTERNATIONAL AIRPORT
PONTIAC, MICHIGAN
Contract No. FM 63-01-084
1999 State / Local
26-May-00
Federal State Local Total
$0 $540 $60 $600
$0 $540 $60 $600
LAND $0 $0 $0 $0
$0 $0 $0 $0
CONSULTANT - Const Suprv $0 $7,560 $840 $8,400
CONSTRUCTION
Lighting Twy A & G
Reflectors
CONTINGENCIES
$0 $55,800 $6,200 $62,000
$0 $39,600 $4,400 $44,000
$0 $16,200 $1,800 $18,000
$0 $0 $0 $0
$0 $0 $0 $0
TOTAL PROJECT BUDGET $0 $63,900 $7,100 $71,000
ATTACHMENT 7
SUPPLEMENTAL PROVISIONS FOR STATE/LOCAL CONTRACTS
INVOLVING CAPITAL IMPROVEMENTS FOR WHICH THE
DEPARTMENT OPENS BIDS AND AWARDS THE CONTRACT
1. The term PROJECT COST shall include the cost of the physical construction
necessary for the completion of the PROJECT, including the costs of preliminary, design and
construction engineering and supervision, airport layout plan updates relating to the PROJECT
and the cost of advertising for and receiving bids.
2. The Sponsor shall select a consultant to perform each element of the PROJECT
which requires such expertise. All consultant contracts shall be between the SPONSOR and the
consultant. 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. The DEPARTMENT is authorized by the SPONSOR, pursuant to this Contract,
to advertise and to award the contract for the construction work, in the name of the SPONSOR,
in accordance with the following:
a. Prequalification of bidders shall be determined by the DEPARTMENT in
accordance with the "Administrative Rules Governing the Prequalification of Bidders for
Highway and Transportation Construction Work."
b. Prior to advertising the construction work for receipt of bids, the SPONSOR
may delete any portion or all of the PROJECT work.
c. If after receipt of bids for the construction work the SPONSOR gives notice
of circumstances which affect its ability to proceed, the DEPARTMENT, on behalf of the
SPONSOR, shall reject the bids.
d. In the event of the rejection of all bids, any costs incurred by the
DEPARTMENT shall be deemed to be PROJECT COST.
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e. Upon receipt of bids, the DEPARTMENT, on behalf of the SPONSOR,
will select the most responsive bidder in accordance with the DEPARTMENT's applicable
"General Provisions for Construction of Airports". The DEPARTMENT will then prepare
a "Recommendation to Award" and submit it to the SPONSOR. The DEPARTMENT will
forward the contract documents to the contractor and then the SPONSOR for execution.
f. The DEPARTMENT is authorized to receive, hold, and return proposal
guarantees on behalf of and in the name of the SPONSOR pursuant to the requirements
enumerated in the DEPARTMENT's applicable "General Provisions for Construction of
Airports".
g. In the event of the forfeiture of a proposal guaranty, in accordance with the
DEPARTMENT' s applicable "General Provisions for Construction of Airports" and upon
receipt of a request from the SPONSOR, the DEPARTMENT will forward to the
SPONSOR the forfeited proposal guaranty.
h. The DEPARTMENT is authorized to receive performance and lien bonds
and certificates of insurance on behalf of and in the name of the SPONSOR pursuant to
the requirements enumerated in the DEPARTMENT's applicable "General Provisions for
Construction of Airports".
i.. The, SPONSOR, , upon presentation of the contract . documents by the
DEPARTMENT ; and subject to the Possible implementation of the exceptions provided
in paragraph b & c, above, will execute and return the appropriate documents on or before
a date to be set by the DEPARTMENT in accordance with the DEPARTMENT's
applicable "General Provisions for Construction of Airports".
j. Upon receipt of the executed contract documents from the SPONSOR, the
DEPARTMENT will award the contract. Any such approvals shall not be construed as
a warranty of the subcontractor's qualifications, professional standing, ability to perform
the work being subcontracted, or financial integrity.
4. The DEPARTMENT is authorized by the SPONSOR pursuant to this Contract to
approve subcontracts between the prime contractor and the subcontractor on behalf of the
SPONSOR. Any such approvals shall not be construed as a warranty of the subcontractor's
qualifications, professional standing, ability to perform the work being subcontracted, or financial
integrity.
5. Should termination of a construction Contract pursuant to Section 80-09 of the
DEPARTMENT's applicable "General Provisions for Construction of Airports" occur, the
DEPARTMENT shall be given immediate written notice by the SPONSOR.
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6. Any changes to the PROJECT plans and specifications made after receipt of bids
require prior written approval of the DEPARTMENT. The SPONSOR or their representatives
may request such changes by initiating a change order to the construction contract in accordance
with the "General Provisions for Construction of Airports" and the DEPARTMENT'S "Project
Engineers Manual" for airport construction. Any change orders that increase the maximum
DEPARTMENT share, or determined to be significant by the DEPARTMENT, shall require a
prior written amendment to this Contract.
In the event that during the course of PROJECT construction, it becomes necessary
to exceed estimated quantities of materials or labor and it is not reasonable to obtain prior consent
from the DEPARTMENT without interrupting an ongoing construction activity, the SPONSOR's
on-site supervisor may approve such overruns and the DEPARTMENT may share in the costs of
such overruns only if all of the following conditions are met:
a. The construction, including such overruns, remains in conformity with the
PROJECT plans and specifications as revised.
b. Such overruns do not exceed ten percent (10%) of that category within the
PROJECT plans and specifications as revised.
c. The SPONSOR or their representative immediately notify the
DEPARTMENT of such overruns and the estimated cost thereof.
d. That such on-site approval is necessary for the continuity in construction and
that obtaining approval prior to proceeding would cause a material interruption in the
PROJECT resulting in a significant increase in costs.
7. The SPONSOR will be billed by the DEPARTMENT following execution of this
Contract. The amount of the billing will be as shown as local share on the attached Exhibit 1.
The DEPARTMENT will bill the SPONSOR for the SPONSOR's share of
additional estimated PROJECT COST for changes approved by the DEPARTMENT at the time
of execution of the amendment or change order for approved work. The SPONSOR shall make
payment to the DEPARTMENT within thirty .(30) days of the billing date.
8. 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
3 of 5 Sept. 1, 1994 Aero 7
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.
9. • Payment of all PROJECT COST incurred after the date of this Contract will be
made by the DEPARTMENT, upon receipt of payment requests approved by the SPONSOR. The
DEPARTMENT will not make payment for any PROJECT work prior to receipt of payment from
the SPONSOR for the SPONSOR's share of that item of PROJECT work.
10. The SPONSOR shall 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 or
the State of Michigan, for a period of twenty (20) years from the date of this Grant Contract, 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.
The airport shall be maintained in full operating condition on a year-round basis
in accordance with general utility 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. Failure to
comply with this Sedfibri shall constitute gi :OtMdS'fOr forfeiture Of the PROJECT and/or repayment
of PROJECT COSTS on a pro rata basis.
11. 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 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.
12. In accordance with the Department's administrative guidelines regarding airspace
requirements for state funded airports, the SPONSOR will either acquire and retain easements or
other interests in or rights for the use of land or airspace, or adopt and/or enforce zoning
regulations to prevent the construction, erection, alteration, or growth of any structure, tree or
other object in the airport's approach area.
4 of 5
13. For a period of twenty (20) years, the SPONSOR will make the airport available,
as an airport, for public use, to all types, kinds and classes of aeronautical use on fair and
reasonable terms and without unjust discrimination. Rates charged to aeronautical users will be
determined on the basis of the cost to the SPONSOR of providing the facility. In any agreement,
contract, lease, or other arrangement under which a right or privilege at the airport is granted to
any person, firm, or corporation to conduct or engage in an approved non-aeronautical activity,
the SPONSOR will charge fair market value for the right to conduct such activity. During this
period, for airports owned by a political sub-division of the State, all revenues generated by the
airport, for either aeronautical or non-aeronautical activities, will be expended for the capital or
operating costs of the airport; the local airport system; or other local facilities, which are owned
or operated by the SPONSOR and directly and substantially related to the actual air transportation
of passengers or property.
14. In any agreement, contract, lease or other arrangement under which a right or
privilege at the airport is granted to any person, firm, or corporation to conduct or engage in any
aeronautical activity. for furnishing services to the public at the airport, the SPONSOR will insert
and enforce provisions requiring the contractor to:
a. Furnish said services on a fair, reasonable, and not unjustly discriminatory
basis to all users thereof, and
b. Charge fair; reasonable, and not unjustly discriminatory prices for each unit
or service provided, that the contractor may be allowed to make reasonable or
nondiscriminatory discounts, rebates, or other similar types of price reductions to volume
purchasers.
5 of 5 Sept. 7, 1997 Aero 7
APPENDIX A
PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS
In 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, conditions, or privileges ofemployment, or as a matter directly or indirectly related to
employment, because of race, color, religion, national origin, age, sex, height, weight, or
marital status. Further, in accordance with Act No. 220, Public Acts of I 976 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 disability 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.
The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion
of the work set forth in this contract is tobe per tor shall contain a covenant the same as
hereinabove Set forth in Section. I 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 i'marital status .or-d:diSability that is unrelated to the individual's ability to
perform the duties °fa 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 orcompensation; 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 disability 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
of the 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 arid 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 ofeachsubcontractor 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 complied with the contractual obligations under this agreement, the
Civil Rights Commission 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 violated and/or declare the
contractor ineligible for future contracts 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 the Civil Rights Commission.
Notice of said declaration of future ineligibility may be given to any or all of the persons with
whorri::the .contractor is declared ineligible to contract as a contracting party in future
contractS.Ananycase before the Civil.ights C ommission in which cancellation ofan existing
contract is a 'Possibility, the contracting agency shall be notified of such possible remedy and
shall be given the option by the Civil Rights CoMmission to participate in such proceedings.
9. The contractor willinclude';:Or -incorporate by reference the provisions of the foregoing
paragraphs (I) 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.
March, 1998
Appendix B
(A cronattli()
CIVIL RIGHTS ACT OF 1964, TITLE VI -49 CFR PART 21
CONTRACTUAL REOUIRE1lEN7'S
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:
Compliance with Regulations. The contractor will comply with the Regulations relative to
nondiscrimination in federally assisted 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 a part of this contract.
Nondiscrimination. The contractor, with regard to the work performed by it during the
contract, will not discriminate on the grounds of race, color, or national origin in the selection
and retention of subcontractors, including procurement of materials and leases of equipment.
The contractor will not participate either directly or indireetly 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. Solicitation for Subcontracts, including, Procurement of !Materials and Equipment. In all , ,
solicitatians either by competitive bidding, or negotiation Made by the cOntractor for work to
be performed under a subcontract, including procurement of materials of leases of equipment,
each potential subcontractor or supplier will be 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 will provide all information and reports required by
the Regulations or directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of informat ion, and its facilities as may be 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 fails or refuses to furnish this
information, the contractor will so certify to the sponsor of the FAA. as appropriate, and will
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 will 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 will include the provisions of paragraphs I
through 5 in every subcontract, including procurement of materials and leases of equipment,
unless exempt by the Regulations or directive issued pursuant thereto. The contractor will
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 such 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:.,-:
FISCAL NOTE (Misc. #00157) June 15, 2000
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: CENTRAL SERVICES - OAKLAND COUNTY INTERNATIONAL AIRPORT - 2000
GRANT PROGRAM ACCEPTANCE - REFLECTORS AND TAXIWAY LIGHTING
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has
reviewed the above referenced resolutions and finds:
1. Oakland County has received a Michigan Department of
Transportation Grant Project No. 2000-0432, for State funds
in the amount of $63,900 for the development and improvement
of Oakland County International Airport.
2. The project consists of installation of reflectors and
rehabilitation of taxiway lighting for taxiways A and G.
3. The required county match in the amount of $7,100 is
available in the Airport Fund balance.
4. The Airport Committee has reviewed and approved the grant
contracts, subject to ratification by the Oakland County
Board of Commissioners.
5. The following amendment should be made to the Fiscal Year
2000 Adopted Budget:
13-581-137201-00050-3196 Est. Profit or Loss
13-581-137201-00050-2872 Grant Match
($7,100)
$7,100
$ 0
FI CE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Coleman and Millard
absent.
Resolution #00157 June 15, 2000
Moved by Taub supported by Suarez the resolution be adopted.
AYES: Melton, Millard, Moffitt, Palmer, Schmid, Sever, Suarez, Taub,
Amos, Appel, Buckley, Causey-Mitchell, Colasanti, Coleman, Dingeldey,
Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution
was adopted.
Executtve
L Brooks Pattersot
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, 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 June 15, 2000 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 15* dal/Of June, U00.
G: William Caddell, County Clerk