HomeMy WebLinkAboutResolutions - 2022.10.20 - 37664
AGENDA ITEM: Grant Sub Recipient Agreement between Oakland County and Micah 6
Community for the EGLE Webster Community Center Grant 22-347
COMMITTEE MEETING: Board of Commissioners
DATE: Thursday, October 20, 2022 6:04 PM - Click to View Agenda
ITEM SUMMARY SHEET
DEPARTMENT SPONSORED BY
Economic Development - Planning and Local Business
Development
William Miller III
INTRODUCTION AND BACKGROUND
This Sub Recipient grant is between Oakland County and Micah 6 Community in order for Micah 6
Community to secure bridge financing for their Webster Community Center project in the City of
Pontiac. The Sub Recipient Agreement outlines the responsibilities of both parties in regards to
reimbursement of the $425,000 EGLE grant awarded to Oakland County for this project.
POLICY ANALYSIS
The request is for the approval of the sub-recipient agreement between Oakland County and the Micah 6 Community
(Micah 6) in order for Micah 6 to secure bridge financing, per the request of the Developer, for their Webster
Community Center project in the City of Pontiac. The agreement outlines the responsibilities of both parties regarding
reimbursement of the $425,000 Michigan Department of Environment, Great Lakes, and Energy (“EGLE”) Brownfield
Grant awarded to Oakland County for this project in September of 2021 (MR #21333).
The funds will be utilized for the demolition, asbestos abatement, underground storage tank removal, investigation and
sampling, the removal, transport and disposal of contaminated soils, industrial cleaning, and due care planning and
implementation. The agreement ends on 9/7/2023, the end of the grant cycle.
Corporation Counsel developed and approved the agreement. EGLE is aware of the sub-recipient agreement
between the County and Micah 6. On final approval of the Board, the Chairman is authorized to sign the Agreement. A
budget amendment is not required.
BUDGET AMENDMENT REQUIRED: No
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.858.5115 (office) or andrewsmb@oakgov.com, or the department contact persons listed for
additional information.
CONTACT
Bradley Hansen, Business Development
Representative Senior
Kristen Wiltfang, Administrator Trails,
Transportation & Environment
hansenb@oakgov.com, wiltfangk@oakgov.com
ITEM REVIEW TRACKING
William Miller III, Created/Initiated - 10/20/2022
David Woodward, Board of Commissioners Approved - 10/20/2022
Hilarie Chambers, Executive's Office Approved - 10/21/2022
Lisa Brown, Clerk/Register of Deeds Final Approval - 10/26/2022
AGENDA DEADLINE: 10/20/2022 7:20 PM
COMMITTEE TRACKING
2022-10-12 Economic Development & Infrastructure - Recommend to Board
2022-10-20 Full Board - Adopted
ATTACHMENTS
1. Subrecipient Agmt - Finalized Version with Exhibits
October 20, 2022
RESOLUTION #2022-2112 _ 22-347
Sponsored By: William Miller III
Economic Development - Planning and Local Business Development - Grant Sub Recipient
Agreement between Oakland County and Micah 6 Community for the EGLE Webster
Community Center Grant
Chairperson and Members of the Board:
WHEREAS the Michigan Department of Energy, Great Lakes and Energy (EGLE) has awarded a
$425,000 grant to Oakland County for cleanup of contamination for the Webster Community Center in
the City of Pontiac; and
WHEREAS the Oakland County Board of Commissioners approved the grant at their September 2,
2021 meeting (M.R. #21333); and
WHEREAS the developer of the Webster Community Center, Micah 6 Community will enter into a
Sub-Recipient agreement with Oakland County pertaining to this grant; and
WHEREAS the County’s Corporation Counsel has reviewed and approved a Sub-Recipient
Agreement between the County and the Micah 6 Community; and
WHEREAS the Micah 6 Community has approved the Sub-Recipient Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the attached Sub-Recipient Agreement between Oakland County And Micah 6 Community.
BE IT FURTHER RESOLVED that upon receipt of the final executed agreement from the Micah 6
Community designated agent, the Oakland County Board of Commissioners authorize its
Chairperson to execute and enter into this sub-recipient Agreement on behalf of the County of
Oakland.
BE IT FURTHER RESOLVED that a budget amendment is not required.
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: William Miller
III.
Date: October 20, 2022
David Woodward, Commissioner
Date: October 21, 2022
Hilarie Chambers, Deputy County Executive II
Date: October 26, 2022
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2022-10-12 Economic Development & Infrastructure - Recommend to Board
2022-10-20 Full Board - Adopted
VOTE TRACKING
Motioned by Commissioner Michael Gingell seconded by Commissioner Kristen Nelson to adopt the
attached Grant: Sub Recipient Agreement between Oakland County and Micah 6 Community for the
EGLE Webster Community Center Grant.
Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen
Kowall, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Chuck
Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Penny Luebs, Janet Jackson,
Gary McGillivray, Robert Hoffman, Adam Kochenderfer (20)
No: None (0)
Abstain: None (0)
Absent: (0)
Passed
ATTACHMENTS
1. Subrecipient Agmt - Finalized Version with Exhibits
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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
October 20, 2022, 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 Circuit Court at
Pontiac, Michigan on Thursday, October 20, 2022.
Lisa Brown, Oakland County Clerk / Register of Deeds
BROWNFIELD REDEVELOPMENT SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY, MI AND
MICAH 6 COMMUNITY
This Brownfield Redevelopment Subrecipient Agreement (this "Agreement" or “Subrecipient Agreement”) is made on ________________ between Micah 6 Community, a Michigan nonprofit corporation (referred to herein as the "Developer," “Subrecipient,” or “Micah 6”) and the County of Oakland, MI, a Michigan municipal corporation (referred to herein as the "County" or “Grantor”).
PREMISES
A.The Developer is engaged in the redevelopment of a former school into the Webster
Community Center, located at 640 West Huron Street in Pontiac, MI through its
subsidiary, Webster Community Center LLC (the "Development").
B.The County has received a Four Hundred Twenty-Five Thousand dollar ($425,000)
Michigan Department of Environment, Great Lakes, and Energy (“EGLE”) Brownfield
Grant (the "EGLE Brownfield Grant") pursuant to a contract between the County and
EGLE (the “Grant Agreement”) to fund demolition, asbestos abatement, underground
storage tank removal, investigation and sampling, the removal, transport and disposal
of contaminated soils, industrial cleaning, and due care planning and implementation
activities for the Development, in accordance with the Grant Agreement.
C.The purpose of this Agreement is to describe the terms and conditions for the use of the
EGLE Brownfield Grant for the Development.
D.This Agreement includes and incorporates the following attached Exhibits:
a)Exhibit A – EGLE Work Plan
b)Exhibit B – Grant Agreement (between County and EGLE)
c)Exhibit C – Developer Insurance Requirements
In consideration of the premises and the mutual covenants contained in this Agreement, the
Developer and the County hereby enter into this Agreement and covenant and agree as
follows:
Page 1 of 50
ARTICLE 1
DEFINITIONS
Section 1.1 Definitions. The following capitalized terms used in this Agreement shall have
the following meanings, except to the extent the context in which they are used requires
otherwise:
a) "Administrative Costs" means those costs provided for in the Grant Agreement
to review work plans, reports and other documents prepared by the Developer or their
Environmental Consultant, review invoices, write project status reports, and coordinate
project activities and communications, not to exceed 3% of the total grant amount.
b) "Agreement" means this Brownfield Subrecipient Agreement entered into
between the County and the Developer.
c) "County" means the County of Oakland, MI.
d) "County Project Manager" means the staff member designated by the County
with responsibility for implementation of the Grant Agreement.
e) "Contractor" means any general or environmental contractor or subcontractor
used by a Party or the Parties.
f) "Developer" means Micah 6 Community and includes any employee; officer;
director; member; manager; trustee; volunteer; attorney; licensee; contractor; subcontractor;
independent contractor; subsidiary; joint venture; partner or agent of Developer; and any
persons acting by, through, under, or in concert with any of the above, whether acting in their
personal, representative, or official capacities. A Developer employee shall also include any
person who was a Developer employee at any time during the term of this Agreement but, for
any reason, is no longer employed, appointed, or elected in that capacity.
g) "Development" means the site work, building construction, utilities, and
equipment relating to the redevelopment of a former school into the Webster Community
Center, located at 640 West Huron Street in Pontiac, MI (the Eligible Property).
h) "Eligible Activities" means those assessment and investigation, due care, and
demolition activities that are identified in the EGLE Workplan and Grant Agreement.
i) "Eligible Property" means the property located at 640 West Huron Street in
Pontiac, MI where the Brownfield and Grant Eligible Activities will be conducted.
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j)"Environmental Consultant" means any environmental consulting firm
retained, used, or hired by the used by a Party or the Parties.
k)"Event of Default" means the failure of performance or breach by a party to
carry out its obligations under this Agreement or, with respect to a Party, if any representation
or warranty of such party was materially not accurate when made, and such obligation has not
been performed or such representation or warranty corrected within the cure period provide
in Article 7 below after written notice thereof has been given by the other party. It also means
any filing of bankruptcy or bankruptcy reorganization by the Developer.
l)"Grant Agreement" means the EGLE Brownfield Grant Agreement executed
between EGLE and the County for the reimbursement of Grant Eligible Activities, a copy of
which is attached hereto as Exhibit B.
m)"EGLE Workplan" means the work plan approved by EGLE and includes a
description of proposed Grant Eligible Activities, budget, and schedule consistent with
Appendix A of the Grant Agreement, a copy of which is attached hereto as Exhibit A.
n)"Indemnified Persons" means the County and its officers, directors, employees,
appointees, agents, volunteers, and commissioners.
o)"Maximum Cost of Grant Eligible Activities" means the County's maximum
obligation to pay for the Eligible Activities and not to exceed the amounts set forth in the
approved EGLE Workplan and Grant Agreement, as amended or supplemented.
p)"EGLE Grant Coordinator" means the EGLE staff person assigned to manage
the terms and conditions of the Grant Agreement
Section 1.2 Number and Gender. The definitions of terms herein shall apply equally to the
singular and plural forms of the terms defined. Whenever the context may require, any
pronoun shall include the corresponding masculine, feminine, and neutral forms.
ARTICLE 2.
COVENANTS OF THE DEVELOPER
Section 2.1 Construction of Development. The Developer shall proceed with the Development
and the obligations under this Agreement. Developer shall proceed with due care and diligence
and commence and complete the Grant Eligible Activities and the Development in accordance
with this Agreement, and in accordance with any applicable law, regulation, code, and
ordinance.
Page 3 of 50
Section 2.2 Compliance with Grant Agreement. The Developer shall comply with all terms
and conditions of the Grant Agreement for which it has direct responsibility, including but not
limited to preparing Work Plans, conducting Grant Eligible Activities, providing
documentation of expenses, and general terms and conditions.
Section 2.3 Completion of Eligible Activities. The Developer will contract with a competent
and qualified Environmental Consultant or Consultants and/or other competent and qualified
Contractor or Contractors to manage and/or conduct and complete the Grant Eligible
Activities approved by EGLE set forth in this Agreement and the Grant Agreement, as
amended or supplemented, in accordance with any EGLE requirements and approval. The
Developer shall have sole responsibility to pay the Developer's Environmental Consultant or
Contractors for completion of such Eligible Activities.
Section 2.4 Documentation and Reimbursement. The Developer shall provide documentation,
invoices and proof of payment as required by the Grant Agreement to receive reimbursement.
The Developer and the County understand that lead and asbestos abatement and demolition
reimbursement cannot exceed the cost of environmental activities, as stated in Grant
Agreement. Further, EGLE will only reimburse lead and asbestos abatement and demolition
costs up to the environmental activity costs incurred at that time throughout the project. As a
result, lead and asbestos abatement and demolition costs are not anticipated to be fully
reimbursed until near the end of Grant Eligible Activities.
Section 2.5 Indemnification of Indemnified Persons.
(a)The Developer shall defend, indemnify, and hold the Indemnified Persons harmless
from any and all loss, damages, costs, expense (including reasonable counsel fees), or
liability of any nature due to any and all suits, actions, legal or administrative
proceedings, demands or claims (collectively referred to as “Claim(s)”) arising or
resulting from the following:
(1)Any activity undertaken pursuant to this Agreement or from injuries to persons
or property as a result of the construction, Developer ownership or operation,
use or maintenance of the Development;
(2)Any material acts or omissions, negligent or otherwise, of the Developer’s
Environmental Consultant and/or Contractors or their employees or agents in the
performance of the work specified in this Agreement;
(3)The failure of the Developer’s Environmental Consultant and/or Contractors to
comply with the provisions of this Agreement; and
(4)Any and acts or omissions which are alleged to have been caused by Developer.
Page 4 of 50
(b)If any suit, action, or proceeding is brought against any Indemnified Person, the
Indemnified Person promptly shall give notice to the Developer and the Developer
shall defend such Indemnified Person with counsel selected by the Developer, which
counsel shall be reasonably satisfactory to the Indemnified Person. In any such
proceeding, the Indemnified Person shall cooperate with the Developer and the
Developer shall have the right to settle, compromise, pay or defend against any such
claim on behalf of such Indemnified Person, except that the Developer may not settle
or compromise any claim if the effect of doing so would be to subject the Indemnified
Person to criminal penalties, unless such Indemnified Person gives its consent.
(c)The Developer shall not be required to indemnify the Indemnified Persons against loss,
damages, costs, expense, or liability of any nature which arises solely from the gross
negligence or willful misconduct of an Indemnified Person.
Section 2.5a NO INDEMNIFICATION FROM THE COUNTY. Developer SHALL HAVE
NO RIGHTS AGAINST THE COUNTY FOR INDEMNIFICATION, CONTRIBUTION,
SUBROGATION, OR ANY OTHER RIGHT TO BE REIMBURSED BY THE COUNTY,
EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Section 2.6 Insurance. The Developer shall, at all times during this Agreement, obtain and
maintain insurance according to the requirements listed in Exhibit C.
Section 2.7 Regulatory Compliance. While on the Site or Development, the Developer, its
Environmental Consultant, and any Contractor shall impose work orders on its employees,
agents and subcontractors which are designed to assure that they comply with all applicable
federal, state and local laws and regulations (including occupational safety and environmental
protection statutes and regulations) in performing services under this Agreement, and shall
comply with any directions of governmental agencies relating to site safety, security, traffic
or other like matters as it relates to those Eligible Activities performed by the Developer, its
Environmental Consultant or Contractor, as applicable.
Section 2.8 Hazardous Waste Management. In the event that samples or other materials
contain substances classified as "hazardous waste" under applicable state or federal law, the
Developer shall, under a manifest signed by the Developer or its agent, as the generator, have
such samples transported for final disposal to a location selected by the Developer or its
Environmental Consultant or Contractor. It is expressly understood that the County has no
oversight or other control or authority over the Developer's obligation to properly dispose of
Hazardous Waste under the terms of this Section.
Section 2.9 Site Access. The Developer shall grant to County, or its designated agents, access
to the Site to exercise their respective rights related to the purposes and pursuant to the terms
of this Agreement. Site access shall include the right to inspect the performance of any Grant
Page 5 of 50
Eligible Activities, as provided in Grant Agreement, in the County's discretion. The County
shall give the Developer at least 24 hours prior written notice of its intent to access the site. If
notice cannot be given due to an emergency or any other similar unforeseen circumstance, the
County shall give such prior notice as is reasonable and practicable under the circumstances.
All such agents must comply with all Site safety standards while accessing the Site.
Section 2.10 Notification. The Developer or their Environmental Consultant shall notify the
County and their Environmental Consultant of the Developer’s work progress at least fourteen
(14) calendar days prior to the submission deadline for the quarterly reports.
ARTICLE 3. RESERVED.
ARTICLE 4.
COVENANTS OF THE COUNTY
Section 4.1 Execution of the EGLE Brownfield Grant Agreement. The County shall execute
the Grant Agreement which will provide for the reimbursement to the County of the
Developer's Grant Eligible Activities expenses that have been conducted, completed, and
approved in accordance with the scope and terms of this Agreement and the Grant Agreement.
Section 4.2 Reimbursement of Eligible Activities. Upon the Developer's completion of the
Eligible Activities pursuant to this Agreement and the Grant Agreement, and approved by
EGLE, the County shall reimburse the Developer subject to and in accordance with the terms
set forth in this Agreement. The Developer shall have sole responsibility to pay the
Developer's Environmental Consultant or Contractors for completion of such Eligible
Activities and provide proof of payment. If the Developer incurs any expenses or costs for
any activities other than the Eligible Activities, any costs that exceed the maximum cost of
Grant Eligible Activities as set forth in the Grant Agreement, or any costs that are not approved
by EGLE or the County, the Developer shall bear such excess costs and expenses without any
obligation on the part of County. If the costs of Eligible Activities set forth in Exhibit B are
less than such maximum cost, then the Developer shall have no further right of reimbursement
beyond its actual costs.
The County will reimburse Grant Eligible Activity expenses to the Developer as follows:
(a)Following EGLE approval of the EGLE Workplan and subsequent notifications to the
County and their Environmental Consultant, the Developer will proceed with the
Eligible Activities. For contracts over $20,000, except for professional services, the
Developer will comply with the requirements of the Grant Agreement for bid
solicitation.
Page 6 of 50
(b)The Developer will submit documentation to the County Project Manager of Grant
Eligible Activity expenses, including approved invoices or contractor schedules of
value and documentation of payment, including, lien waivers, cancelled checks or
electronic funds transfer (EFT) statements.
(c)Immediately upon receipt of the same by the County Project Manager, the County
Project Manager shall forward the documentation to the EGLE Grant Coordinator for
review and preliminary approval.
(d)EGLE will review and provide preliminary approval or request additional information
as may be required under the terms of the Grant Agreement, which will be provided
by the Developer, as necessary.
(e)Upon EGLE preliminary approval, the County Project Manager, the Developer and the
EGLE Grant Coordinator will cooperate in the preparation of any additional
documentation as may be required under the terms of the Grant Agreement for EGLE
final approval of Grant payment.
(f)Upon EGLE final approval, Grant funds will be transferred by EFT to the County.
(g)Within 5 days of receipt of Grant funds by the County from EGLE, the County will
provide the Grant funds to the Developer, either by check or EFT transfer, as agreed
to by the Developer and the County. If Grant Funds are being reimbursed directly to
Developer, the Grant Funds shall be remitted to: 32 Newberry Street, Pontiac, MI
48341.
a.Developer intends to assign Developer’s right to receive the Grant funds under
this Agreement to Michigan Community Capital (“MCC”), a Michigan nonprofit
corporation, for the Development (the “Assignment”). The County agrees to allow
the Assignment, which Assignment shall be consistent and comply with the Grant
Agreement. If Developer assigns all or a portion of the Grant funds that Developer
is entitled to under this Agreement to MCC, Developer shall provide County with
written instruction to pay the amount specified by Developer to MCC (“Payment
Instructions”), in lieu of paying Developer. Developer’s Payment Instructions must
specify the amount to be paid and the payment location. The County shall allow
the submission of the documentation and information required for reimbursement
under the Grant Agreement by Developer, or by MCC, on behalf of Developer,
provided that, if submitted by MCC, the submission must reference the Assignment
and any other instrument by which Developer has granted authorization to MCC to
submit such documentation on its behalf. Once the Payment Instructions have been
delivered to County, no cancelation or modification of the Payment Instructions
may be made except upon the prior notice to and consent of MCC. Any Grant funds
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paid by County to MCC at Developer’s instruction will satisfy any and all
obligations by County to pay Developer that amount. If Developer wants County
to pay any Grant funds to MCC, Developer is responsible for ensuring that MCC
is properly registered as a vendor with County prior to requesting County to make
payment to MCC.
(h) The County will submit documentation to the EGLE Grant Coordinator of payment to
the Developer, including, lien waivers, cancelled checks or electronic funds transfer
(EFT) statements.
(i) Upon completion of Grant Eligible Activities, but no later than 60 days after the end
date of the Grant Agreement, the Developer shall provide to the County Project
Manager a final report in the format prescribed in the Grant Agreement.
Section 4.3. It is anticipated that there will be sufficient EGLE Brownfield Grant funds to
meet the obligations under this Agreement. However, if for any reason the EGLE Brownfield
Grant does not provide sufficient funds to satisfy such obligations, the Developer shall have
no claim or further recourse of any kind or nature against the County except from available
EGLE Brownfield Grant funds, and if for any reason the EGLE Brownfield Grant funds are
insufficient or there are none, then Developer assumes full responsibility for any such loss or
cost. Nothing in the preceding sentence shall limit or restrict the Developer's ability to request
an amendment to the EGLE Brownfield Grant or Grant Agreement, subject to the County's
and EGLE 's process to review, approve, modify, or deny any proposed amendment.
Section 4.4 County or Contract Manager Oversight. The County may, using funds provided
in the Grant Agreement with the approval of the EGLE Grant Coordinator, retain the services
of a qualified contract manager for purposes of assuring that the activities, invoices, and
accounting by the Developer are fair, reasonable, and constitute Grant Eligible Activities
within the meaning and scope of this Agreement and the Grant Agreement. The Developer
shall provide to the County Project Manager and the County's contract manager, if applicable,
access to data, reports, sampling results, invoices, and related documents reasonably necessary
to fulfill the exercise of such oversight. It is expressly understood that County has no right to
control or to exercise any control over the actual services or performance by the Developer of
the Eligible Activities, except as to assurance that the Developer has met the conditions and
requirements of this Agreement and the Grant Agreement.
ARTICLE 5.
CONDITIONS PRECEDENT TO COUNTY'S OBLIGATIONS
Section 5.1 Conditions Precedent to County's Reimbursement Obligation. The County’s
obligations to reimburse Developer’s costs for completion of Grant Eligible Activities
Page 8 of 50
expenses shall be subject to the following conditions precedent which must be satisfied by the
Developer as required herein, except as expressly provided in this Agreement or otherwise
waived in writing by the County.
(a)Approval by EGLE of the EGLE Workplan for Grant Eligible Activities.
(b)The Developer shall have performed all of the covenants, obligations, terms, and
conditions to be performed by it pursuant to this Agreement and the Grant Agreement,
and all preconditions to the performance of the Developer shall have been satisfied.
(c)Developer shall provide written proof of payment, including cancelled checks or
waivers of liens by any if its Environmental Consultants or Contractors providing
services as described in this Agreement.
(d)County shall only be obligated to reimburse the Grant Eligible Activities that has been
reviewed and approved by EGLE. Approval of the application and subsequent
approvals of the EGLE Brownfield Grant or Work Plans, or any other determination
of eligibility in no way guarantees or establishes a right to reimbursement of
expenditures prior to review or approval of invoices. Expenditures must be
documented to be reasonable and necessary for Grant Eligible Activities by submission
of invoices and other appropriate documentation. Reimbursement shall only occur
pursuant to the terms and conditions of this Agreement.
(e)No action, suit, proceeding or investigation shall be pending before any court, public
board, or body to which the Developer or the County is a party, or threatened against
the Developer or the County contesting the validity or binding effect of this Agreement
or the validity of the Grant Agreement, or which could result in an adverse decision
which would have one or more of the following effects:
(1)A material adverse effect upon the ability of the County to receive Grant funds
to reimburse Grant Eligible Activities.
(2)A material adverse effect upon the ability of the Developer to conduct Grant
Eligible Activities.
(3)Any other material adverse effect on the Developer's or the County's ability to
comply with the obligations and terms of this Agreement or Grant Agreement.
(f)There shall have been no Event of Default by the Developer under the terms of this
Agreement and no action or inaction by the Developer eventually which with the
passage of time would likely become an Event of Default; provided, however, if
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reimbursement of the Developer is refused by reason of the Developer's action or
inaction which with the passage of time would likely become an Event of Default, then
if Developer cures such threatened Event of Default within the time period and
according to the provisions of Article 7, this precondition shall be deemed fulfilled as
of the time of such cure and, provided that all other preconditions to the County's
reimbursement obligation have been met at the time of such cure, then the Developer
shall then be entitled to reimbursement.
The Developer documents ownership or control of the Site and the Developer is not in
default on any contract or other agreement relating to its ownership, development, or
use of the Eligible Property, which default would have an adverse effect on the
Developer's or the County's ability to comply with the obligations and terms of this
Agreement or the Grant Agreement.
(h) Proper approvals required under applicable federal and state laws or regulations, and
local ordinances, codes or regulations for land uses and the Development have been
secured.
(i) The Developer has consent of any affected utility for relocation, burial, or the activity
to accomplish the Eligible Activities.
(j) The Developer retains an Environmental Consultant or Contractor to advise, conduct,
or complete the Eligible Activities related to the Developer-financed obligations as set
forth in this Agreement.
(k) There is no change in law which would have one or more of the effects described
above.
(l) Developer shall pay all real estate tax obligations before they become delinquent and
subject to interest or penalties.
ARTICLE 6.
REPRESENTATIONS AND WARRANTIES
Section 6.1 Representations and Warranties of County. County represents and warrants to the
Developer that:
(a) County is a Michigan municipal corporation, with all necessary corporate powers to
enter into and perform this Agreement.
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(b) The execution and delivery of this Agreement has been duly authorized by all requisite
action on the part of the County, and this Agreement constitutes a valid and binding
agreement of the County enforceable in accordance with its terms, except as enforce
ability may be limited by bankruptcy, insolvency, fraudulent conveyance or other laws
affecting creditors' rights generally, now existing or thereafter enacted, and by the
application of general principles of equity, including those relating to equitable
subordination.
Section 6.2 Representations and Warranties of the Developer. The Developer represents and
warrants to the County that:
(a) The Developer is a Michigan non-profit corporation, with power under the laws of the
State of Michigan to carry on its business as now being conducted and has the power
and authority to consummate the transactions contemplated under this agreement by
the Developer.
(b) The execution and delivery of this Agreement and the consummation of the
transactions contemplated hereby have been duly authorized by all requisite action on
the part of the Developer, and this Agreement constitutes a valid and binding
agreement of the Developer in accordance with its terms, except as enforce ability may
be limited by bankruptcy, insolvency, fraudulent conveyance or other laws affecting
creditors' rights generally, now existing or hereafter enacted, and by the application of
general principles of equity.
(c) Except as part of the performance and completion of Eligible Activities under the terms
of this Agreement, the Developer or its Contractors shall not use the Site for the
storage, treatment, or disposal of hazardous or toxic wastes of unaffiliated third parties
and shall comply with all applicable federal, state and local laws regulations, rules,
ordinances, codes, decrees and orders in connection with any use of the Site and shall
obtain all necessary permits in connection therewith.
(d) The Developer will comply with all obligations, covenants and conditions required of
it or its agents or Contractors under the terms of this Agreement and the Grant
Agreement.
(e) The Developer has not made any misrepresentation of fact in the inducement or in the
performance or administration of this Agreement.
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ARTICLE 7.
DEFAULT REMEDIES AND TERMINATION
Upon the occurrence of an Event of Default, and failure to cure such Event of Default within
30 days of written notice of such Event of Default, the non-defaulting party may terminate
this agreement by giving written notice to the defaulting party, provided, however, that if such
Event of Default requires more than 30 days to cure, and if such defaulting party shall
commence and diligently proceed to cure the Event of Default within such 30 days, then the
defaulting party shall have an additional 15 days to cure the Event of Default. A monetary
default shall be cured within 15 days. If the Event of Default is not cured within this time
period, then the non-defaulting party shall have the right to terminate this Agreement or, at
the election of such non-defaulting party, may obtain any form of relief permitted under this
Agreement, and applicable law, including, without limitation, the right to seek and obtain a
decree of specific performance from a court of competent jurisdiction. Any right or remedy
provided by a specific provision of this Agreement shall be deemed cumulative to, and not
conditioned on, any other remedies upon Event of Default. Any notice sent to Developer
pursuant to this provision shall also be sent to MCC at the address provided in Section 8.5.
ARTICLE 8.
MISCELLANEOUS
Section 8.1 Term. The term of this Agreement shall commence on the date first written above
and shall expire upon the later to occur of (a) the close out of the EGLE Brownfield Grant or
(b) the disbursement to Developer of all of the proceeds of the EGLE Brownfield Grant.
Section 8.2 Sale or Transfer of Eligible Property or Site. Up until the Developer has
satisfactorily completed its Grant Eligible Activities and performed its obligations under the
terms of this Agreement, the Developer shall not sell, convey, or transfer ownership of any
portion of the Eligible Property to another Developer to carry out the purposes and goals of
the Grant Agreement, as described in this Agreement or the Grant Agreement without the
written approval of the County, provided however, a transfer by Developer to Webster
Community Center LLC, a Michigan limited liability company owned by Webster CC
Manager, Inc., which in turn is owned by Developer, is expressly consented to hereunder.
Section 8.3 Assignment. Except the Assignment as further described in Section 4.2(g)(a)
above, neither this Agreement nor any of the rights or obligations contained within it may be
assigned or otherwise transferred by the Developer, nor shall the benefits of this Agreement
inure to the benefit of any trustee in bankruptcy, receiver, or creditor of the Developer,
whether by operation of law or otherwise, without the prior written consent of the County.
Any attempt by the Developer to assign or transfer this Agreement or any of its rights without
Page 12 of 50
such written consent shall be null and void and of no force or effect, and a breach of this
Agreement.
Section 8.4 Independent Contractor. The Developer, or its Environmental Consultant and
Contractors shall each perform its services under this Agreement entirely as an independent
contractor, and shall not be deemed an agent, employee, or legal representative of the
County. The County, Developer, either Parties’ Environmental Consultant, and Contractors
shall each have and maintain complete control over all its respective employees, agents, and
operators. Facts or knowledge of which the Developer, its Environmental Consultant or
Contractor becomes aware shall not be imputed to County without communication to and
receipt by managerial officials or employees of County. The Developer, its Environmental
Consultant or Contractor has no authority to assume or create, and will not assume or create,
any commitment or obligation on behalf of the County in any respect whatsoever. Further, the
Developer, its Environmental Consultant or Contractor shall exercise its independent
judgment for the services provided in this Agreement.
Section 8.5 Notices. All notices, certificates or communications required or permitted by this
Agreement to be given shall be in writing and shall be sufficiently given and shall be deemed
delivered when personally served, or when received if mailed by registered or certified mail,
postage prepaid, return receipt requested, addressed to the respective parties as follows:
If to County:
Brad Hansen
County of Oakland
2100 Pontiac Lake Rd. 41 West
Waterford, Michigan 48328
If to the Developer:
Coleman Yoakum
Micah 6 Community
32 Newberry St.
Pontiac, Michigan 48341
With copy to:
Liz Alexandrian
Michigan Community Capital
507 S. Grand Avenue
Lansing, Michigan 49509-9363
or to such other address as such party may specify by appropriate notice.
Page 13 of 50
Section 8.6 Amendment and Waiver. No amendment or modification to or of this Agreement
shall be binding upon any party hereto until such amendment or modification is reduced to
writing and executed by all parties hereto. No waiver of any term of this Agreement shall be
binding upon any party until such waiver is reduced to writing, executed by the party to be
charged with such waiver, and delivered to the other parties hereto.
Section 8.7 Entire Agreement. This Agreement contains all agreements between the parties.
There are no other representations, warranties, promises, agreements, or understandings, oral,
written, or implied, among the parties, except to the extent reference is made thereto in this
Agreement.
Section 8.8 Execution in Counterparts. This Agreement may be executed in counterparts, each
of which shall be an original and all of which shall constitute the same instrument.
Section 8.9 Captions. The captions and headings in this Agreement are for convenience only
and in no way limit, define or describe the scope or intent of any provision of this Agreement.
Section 8.10 Applicable Law, Jurisdiction, And Venue. This Agreement shall be governed in
all respects, whether as to validity, construction, performance and otherwise, by the laws of
the State of Michigan. Except as otherwise required by law or court rule, any action or claim
brought to enforce, interpret, or arising under or related to this Agreement shall be brought in
the Sixth Judicial Circuit Court of the State of Michigan, the 50th District of the State of
Michigan, or the United States District Court for the Eastern District of Michigan, Southern
Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required
by law or court rule, venue is proper in the courts set forth above.
Section 8.11 Mutual Cooperation. Each party to this Agreement shall take all actions required
of it by the terms of this Agreement as expeditiously as possible and shall reasonably
cooperate with the other parties to this Agreement and with any individual, entity or
governmental agency involved in or with jurisdiction regarding the purposes of this
Agreement. Each party to this Agreement shall execute and deliver all documents necessary
to accomplish the purposes and intent of this Agreement, including, but not limited to, such
documents or agreements as may be required by the Developer's lenders with respect to the
Development to secure the Developer's financing from such lenders.
Section 8.12 Binding Effect. This Agreement shall be binding upon the parties hereto, and in
the event of assignment under Section 8.3 upon their respective successors, transferees, and
assigns. Developer shall provide written notice prior to transfer or assignment of Developer's
interest to any subsequent purchaser and assign of the existence of this Agreement.
Page 14 of 50
Section 8.13 No Waiver. No waiver by either party of any default by the other party in the
performance of any portion of this Agreement shall operate or be construed as a waiver of any
future default, whether like or different in character.
Section 8.14 Survival of Covenants. Except for the financial obligations, the covenants and
provisions shall survive the term of this Agreement.
Section 8.15 No Third-Party Beneficiaries. This Agreement shall not be deemed or construed
to create any rights to reimbursement or otherwise to either of the Parties’ Environmental
Consultant or Contractors, or any third parties. This Agreement shall not be construed to create
any third-party beneficiary contract or claim, and the parties intend there to be no third party
beneficiaries.
Section 8.16 Legal Requests For Information. If the County receives a court order, a Freedom
of Information Act (FOIA) request, or other legal request to provide County information or
data held by the Developer, then the Developer shall provide the County data and information
to the County, in a format directed by the County, within the time frame required by law.
Page 15 of 50
IN WITNESS WHEREOF, David T. Woodward, Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the
Oakland County Board of Commissioners to execute this Agreement on behalf of Oakland
County, and hereby accepts and binds Oakland County to the terms and conditions of this
Agreement.
EXECUTED: ____________________________________ DATE: _______________
David T. Woodward, Chairperson
Oakland County Board of Commissioners
WITNESSED: ___________________________________ DATE: _______________
Oakland County Board of Commissioners
County of Oakland
IN WITNESS WHEREOF, [insert name and title of authorized Developer official] hereby
acknowledges and certifies that they have been authorized by Micah 6 Community to execute
this Agreement on behalf of Micah 6 Community and hereby accepts and binds Micah 6
Community to the terms and conditions of this Agreement.
EXECUTED: ____________________________________ DATE: _______________
[insert name of official, title, and name of Developer]
WITNESSED: ___________________________________ DATE: _______________
[insert name, title]
Page 16 of 50
Grant Work Plan
Project Name: Webster Community Center
Project Location: 640 W Huron Street, Pontiac, Michigan 48341
ELGE Tracking Code: 2021-2465
ELGE Location Code: 6H24
Work Plan Date: December 13, 2021
Work Plan Number: 1
Work Plan Subject: Assessment and Investigation, Due Care, Response Activities, Industrial
Cleaning, Demolition and Abatement
Awardee Name: Oakland County
Prepared by: PM Environmental, Inc.
Prepared on behalf of: Oakland County
1.0 INTRODUCTION
This Work Plan details eligible grant activities to be conducted in relation to additional assessment
to determine if there are contaminants associated with the basement and boiler buildings and to
determine the appropriate due care measures for any identified impact. In addition, under this
Work Plan grant funding will be utilized to remove a 20,000-gallon fuel oil underground storage
tank (UST), remediate impacted soils, complete industrial cleaning, demolition, and asbestos
abatement of the former Webster Elementary School. These activities are needed to transform
the vacant building into the Webster Community Center, a proposed 52,950 square foot space to
provide social services and recreational opportunities for unserved populations living in Pontiac.
2.0 SCOPE OF WORK
For the purpose of this work plan, “Tasks”, “Activities”, and “Sub-Activities” are defined as
follows:
Task 1: Assessment and Investigation:
Phase I ESA
Baseline Environmental Assessment
Asbestos Containing Materials and Lead Survey
Task 2: Due Care
Work Plan
Task 3: Response Activities
Removal and Disposal of Storage Tanks
Contaminated Soil Excavation, Transport, and Disposal
Verification Sampling, Oversight, and Reporting
Task 4: Industrial Cleaning
Power Washing
Contaminated Water Disposal
Environmental Oversight
EXHIBIT A
EGLE Work Plan
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Field Work
Laboratory Analytical
Project Management & Reporting
Task 5: Demolition and Abatement
Basement Demolition
Asbestos Abatement
Abatement
Air Monitoring
Project Management & Reporting
Task 6: EGLE Sign
Task 7: EGLE Grant Closeout Report
Task 8: Third-Party Oversight
Task 9: Contingency
2.1 Eligible Activities
2.1.1 Task 1 Assessment and Investigation
2.1.1.1 Phase I ESA
A Phase I Environmental Site Assessment (ESA) will be conducted in general accordance with
(1) the United States Environmental Protection Agency (USEPA) Standards and Practices for All
Appropriate Inquires {(AAI), 40 CFR Part 312} and (2) guidelines established by the American
Society for Testing and Materials (ASTM) in the Standard Practice for Environmental Site
Assessments: Phase I Environmental Site Assessment Process / Designation E 1527-13 (ASTM
Standard Practice E 1527-13). The Phase I ESA will be prepared for the future owner entity,
Webster Community Center, LLC.
2.1.1.2 Baseline Environmental Assessment
Based on the identified exceedances of the Part 201 cleanup criteria identified during AKT
Peerless’ (AKT’s) January 2020 Phase II investigation, the subject property meets the definition
of a “facility” in accordance with Part 201 of P.A. 451 of the Michigan Natural Resources
Environmental Protection Act (NREPA), as amended. Therefore, PM will prepare a Baseline
Environmental Assessment (BEA) on behalf of the owner to obtain liability protections from
existing contamination. Parts 201 and 213 of NREPA, PA 451 of 1994, as amended, provide
certain liability protections to a person who becomes owner of operator of a Part 201 contaminated
“facility” on or after June 5, 1995 and March 16, 1996 for a Part 213 (leaking UST regulations)
contaminated “site” (the effective date of the amendments to the law). The BEA will be prepared
for the future owner entity, Webster Community Center, LLC.
2.1.1.3 Asbestos Containing Materials and Lead Survey
The National Emission Standard for Hazardous Air Pollutants (NESHAP), 40 CFR, Part 61,
Subpart M, controls the release of air contaminants (including asbestos) to the ambient air during
renovation and demolition activities. NESHAP requires the owner or operator to submit a
notification of intent to renovate/demolish to the appropriate regulatory authorities before the work
begins. In order to provide the required information to the regulatory authorities, a comprehensive
asbestos survey must be conducted. The survey must list all asbestos containing materials (ACM)
that are present, their estimated quantities, and identify which of them must be removed before
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renovation or demolition. The Occupational Safety & Health Administration (OSHA) Construction
Standard for Asbestos (29 CFR 1926.1101) identifies building or facility owner responsibilities
pertaining to ACM. Specifically, the Standard requires building and facility owners to determine
the presence, location and quantity of ACM and notify prospective employers (i.e., contractors)
applying or bidding for work, whose employees may be reasonably expected to work in areas
within or adjacent to areas containing such material.
A previous ACM and Lead Based Paint was completed for the ground and upper levels of the
subject property, however due to flooding in the basement, additional assessment of the
basement and tunnels is necessary to comply with NESHAP and OSHA standards. Once access
is possible, it is estimated that the survey of the basement and tunnels will include 20 samples for
ACM and 10 samples for lead paint. Inspection and sample collection will be conducted by State
of Michigan accredited Asbestos Inspectors.
The ACM Survey can be broken into the sequential components: a) property survey and
inspection; b) sampling and analysis of suspect materials; and c) preparation of a report that
details the findings and recommendations of the survey. Each of these components is described
below.
A visual inspection of the basement and tunnels will be conducted to identify and sample suspect
ACMs in an effort to determine the extent and location of ACM present in the survey area. This
survey will be qualitative and quantitative in that an attempt will be made to locate accessible
friable and non-friable ACM areas, as well as estimate the amount of ACM. All accessible areas
of the survey areas will be inspected. Inaccessible areas not surveyed and tested will be listed
and located in the survey report. The survey will use destructive inspection and sampling methods
where feasible in order to identify and quantify the location of ACM that is enclosed within building
structures such as wall and ceiling systems.
Bulk samples of all suspect ACM will be collected by Michigan-Accredited Asbestos Inspectors.
These bulk samples will be collected in a safe manner; damage will occur to the surfaces from
which the samples are collected.
Per U.S. EPA recommended sampling guidelines, bulk samples will be collected in each
Homogeneous Area (HA) encountered. An HA is defined as an area of material that is uniform in
color, texture, and appearance. Previous renovations conducted may indicate that a further
breakdown of these homogeneous areas may be required due to varying construction dates,
individual tenant renovations, or other factors unknown to PM at this time
Samples of suspect ACM will be analyzed by a National Voluntary Laboratory Accreditation
Program (NVLAP)- accredited laboratory for analysis via PLM following the EPA Test Method
(EPA-600/M4-82-020) and the United States National Institute of Standards and Technology
(NIST) Bulk Asbestos Handbook. Although PLM is currently accepted and approved method for
bulk sample analysis, the method is limited in its ability to provide a quantitative result when
asbestos represents a small fraction of the material. Current EPA regulations specify that when
initial laboratory analysis of friable materials detects the presence of asbestos in a quantity
between less than one percent (i.e., or trace) and less than three percent, a verification analysis
using the point counting analytical method may be considered. If the client does not exercise the
option to point count, the material in question must be considered as an asbestos containing
material.
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One survey report summarizing the findings of the survey of the buildings will be prepared. This
report will summarize the findings, conclusions, and recommendations identified during the survey
and will include the items described below.
•Relevant observations made and information gathered from record reviews and property
inspection observations in both narrative and tabular formats;
•General site diagram;
•Digital photos of the property conditions;
•Summary tables identifying approximate quantities, general locations, and classifications
of ACM;
•Findings, conclusions, and recommendations of the ACM Survey as they pertain to future
management, repair, and/or removal; and
•Copies of relevant documentation and other information as appendices
To address building components containing potential lead paint which may be impacted by
renovation activities, a lead survey will be completed according to the following protocol:
• The testing will include, but is not limited to: walls, baseboards, window casings, window jambs,
window sills, window aprons, doors, door casings, door jambs and other painted components.
• Paint chip samples will be collected from all surfaces and will be analyzed in an accredited
laboratory for lead content via Atomic Absorption Spectroscopy (AAS) or Inductively Coupled
Plasma-Atomic Emission Spectroscopy (ICP-AES) using USEPA laboratory methods.
A Lead Paint Survey report will be included as part of the final report after completion of the
inspection. The report will describe the location and condition of all identified lead paint. The lead
content of sampled building materials will also be presented in the report.
2.1.2 Task 2 Due Care
2.1.2.1 Work Plan
Preparation and approval of this Work Plan is required by the Michigan Department of
Environment, Great Lakes, and Energy (EGLE) prior to work commencing. The work plan is
intended define the tasks, activities, and sub-activities, project schedule and project budget.
2.1.3 Task 3 Environmental Response Activities
2.1.3.1 Removal and Disposal of Storage Tanks
An approximately 20,000-gallon fuel oil underground storage tank (UST) is located to the east of
the boiler building. The contents of the UST are unknown. The UST and its contents will be
removed from the ground. The tank and its contents will be transported for offsite disposal at a
licensed facility under manifest procedure to eliminate any future threat of a release.
Subject property workers will adhere to a site-specific health and safety plan in accordance with
OSHA 29 CFR 1910.120 Worker Protection Regulations and will practice management actions
for impacted soil on the subject property during construction related actions.
Clean fill will be imported, rough graded, and compacted to balance the site where soil was
removed. The removal of this UST is necessary due to documented contamination and to protect
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the public health, safety, and welfare and the environment because it will ensure the proper
removal of the UST and its contents and ensure compliance with due care requirements.
2.1.3.2 Contaminated Soil Excavation, Transport, and Disposal
Following removal of the UST, it is estimated that approximately 400 tons of contaminated soils
will be excavated, transported, and disposed from the site to a Type II landfill. Transport and
disposal of contaminated soils to a Type II landfill is not a cost that would be incurred if the property
were not impacted.
The total soil volume is derived from the results of AKT’s January 2020 Phase II investigation that
identified concentrations of various petroleum VOCs and PNAs collected from a soil sample
located west of the UST basin. These concentrations exceed the Michigan Part 201 Groundwater
Surface Water Interface Protection (GSIP) cleanup criteria. Concentrations of diesel range
organics (DRO) were identified in soils collected in the area of the 20,000-gallon fuel oil UST at
concentrations indicative of residual light non-aqueous phase liquid (LNAPL) saturation.
Additionally, concentrations of various VOCs and PNAs in soil exceed the EGLE Volatilization to
Indoor Air Pathway (VIAP) screening levels.
Because the GSIP and DRO exceedances are not delineated, this area will be over-excavated
from the UST basin to the eastern wall of the boiler room, which is estimated at approximately
400 tons of soil.
2.1.3.3 Verification Sampling, Oversight, and Reporting
PM Environmental will conduct oversight, sampling, and reporting activities related to the UST
and contaminated soil removal. PM staff will be on-site for up to four 8-hour days to provide
oversight during UST removal activities, including the removal of the UST and its contents and
contaminated soils from within the UST basin area.
Characterization of UST contents and soils for disposal will also be completed as necessary.
Following removal of the UST, assessment samples will be collected from the excavation to
assess soil and/or groundwater conditions to determine appropriate response activities and
appropriate handling of excavated material (i.e., soils) to comply with due care obligations.
Soils will be examined for physical evidence of contamination and classified by a PM
environmental professional. All soil samples will be sealed in appropriate sample containers,
placed in ice-packed coolers for transportation, and stored in a refrigerator to await pick-up for
laboratory analysis under chain of custody (COC) procedures. Soil sample selection will be based
upon field screening for the highest photoionization detector (PID) readings, visual contamination,
and depths likely to encounter contamination based upon the historical usage of the site.
Sampling will be conducted from the sidewalls and floor of the proposed excavation area. Based
on the proposed size of the excavation and in accordance with state regulations, verification of
soil remediation (VSR) samples will be collected for laboratory analysis, which will be chosen
during field screening activities and based on actual site conditions that includes collecting
samples approximately every 10-20 feet or at locations with visual or olfactory evidence of
contamination to be screened with a photoionization detector (PID) for VOCs. The actual area
and extent of soil excavation is dependent upon actual field conditions and receipt of analytical
results from VSR samples collected following excavation activities and may vary from what is
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estimated within the Work Plan. Excavation areas will not be backfilled with clean backfill (i.e.,
compacted sand) until receipt of VSR analytical results to determine if additional excavation is or
is not required. If analytical results from VSR sampling identifies contaminants above applicable
cleanup criteria and/or screening levels, additional excavation and VSR sampling will be required.
PM will document the transport and disposal of the impacted soils and/or groundwater (if
encountered), waste disposal manifests and volumes, and the analytical results of the waste
characterization samples within a post-construction Documentation of Due Care Compliance
Report. Manifests will also be maintained and submitted as part of the reimbursement/payment
process under the grant.
Preliminary bids for the total of each Environmental Response Activity are anticipated to exceed
the grant approved budget. This Work Plan requests a reallocation of $11,500 to account for the
anticipated overage.
2.1.4 Task 4 Industrial Cleaning
2.1.4.1 Power Washing
Power washing is required to remove the remaining sludge in the basement following dewatering
activities that occurred in April 2021. This task includes all necessary labor and equipment to
remove sludge and wash areas of the basement, annex building, and tunnel system.
Removal of the sludge includes scaping the sludge from the basement and annex building floors
and placing into sealed barrels and/or vacuuming the sludge into a vacuum tanker for proper
characterization and disposal. Once the basement and annex building is clear of sludge and
debris, the walls (to 10 feet above finish floor (AFF)) and floors will be power washed. In addition,
the floors of the tunnel system will be power washed.
The power washing activities will be protective of public health, safety, and welfare and the
environment because it will ensure the proper removal of potentially contaminated contents within
the basement and ensure compliance with due care requirements. Preliminary bids for the power
washing total $103,950. To maximize the grant amount, this work Plan requests a reallocation of
$43,900 to account for the anticipated overage. Subsequently, $98,750 is being requested for this
activity, with the remaining $5,200 allocated within Task 9: Contingency.
2.1.4.2 Contaminated Water Disposal
Contaminated water management is required to ensure contaminated wash water is properly
managed during power washing activities. This includes an estimated 8,000 gallons of
contaminated water and frac tank/treatment system rental for an estimated 30 days.
Associated management activities will include proper characterization of wastewater prior to
movement, collection/pumping, offsite disposal at a licensed disposal facility, or treatment and
discharge to the sanitary sewer under permit with the City and County; and implementing
equipment decontamination procedures.
Decontamination water for equipment and/or trucks will also be transferred to a frac tank for
treatment and discharge to the sanitary sewer under permit with the city wastewater treatment
authority.
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The management, treatment and disposal of contaminated wastewater is not something that
would be encountered, but for, the brownfield conditions of the property. If the water were not
contaminated, water generated during washing activities could be disposed of through the
municipal sewer system or dispersed over the site.
The contaminated wastewater management, transport and disposal will be protective of public
health, safety, and welfare and the environment because it will ensure the proper handling,
transport, and disposal of contaminated water offsite and ensure compliance with due care
requirements.
2.1.4.3 Environmental Oversight
Field Work
PM will collect one composite wastewater characterization sample associated with water
generated during industrial cleaning/power washing activities for laboratory analysis of Clinton
River Water Resource Recovery Facility (CRWRRF) parameters, including the following:
•VOCs
•Metals (arsenic, cadmium, chromium, copper, cyanide (available and total), cobalt, lead,
lithium, mercury, molybdenum, nickel, selenium, silver, zinc)
•PCBs
•Phenols
•2,4-Dichlorophenol
•Pentachlorophenol
•Total Suspended Solids (TSS)
•Ammonia Nitrogen
•Fats, Oils, and grease (FOG)
•pH
Laboratory Analytical
Samples will be collected in appropriately labeled containers and submitted under chain-of-
custody to Merit Laboratories, Inc. of East Lansing, Michigan for laboratory analysis.
Project Management and Reporting
PM will provide a summary of the laboratory results to the client, contractor, and CRWRRF in
order to determine potential options associated with managing wastewater options.
PM will document the transport and disposal of the sludge, impacted wastewater, waste disposal
manifests and volumes, and the analytical results of the waste characterization samples within a
post-construction Documentation of Due Care Compliance. Manifests will also be maintained and
submitted as part of the reimbursement/payment process under the grant.
2.1.5 Task 5 Demolition and Abatement
Activities associated with this task cannot exceed the total environmental related project costs.
At this time, expenses have been incurred associated with the project as it relates to
environmental project costs. The costs incurred are included on the attached table 1.
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2.1.5.1 Basement Demolition
This task includes all work required to complete the following activities:
• Cut and remove coal room roof (approximately 10’ by 10’) and concrete paving above
UST basin (approximately 10’ by 20’).
• Provide and install temporary rigging equipment, 50-ton crane, hoppers, and manlift
required for debris removal.
• Removal and transport/disposal of concrete, debris, metal stairs and ladders, and boiler
systems located within the building basement and annex building (estimated 6 loads of
debris). This includes rental of roll off boxes for debris disposal.
Preliminary bids for the demolition total $120,730. To maximize the grant amount, $103,000 is
being requested for this activity, with the remaining overage allocated within Task 9: Contingency.
2.1.5.2 Asbestos Abatement
Asbestos abatement activities include asbestos abatement, oversight and air monitoring during
abatement activities, and post-asbestos abatement reporting. All regulated asbestos containing
materials will be handled according to the NESHAP and the OSHA Construction Standard for
Asbestos (29 CFR 1926.1101). Asbestos abatement activities are consistent with EGLE’s
asbestos abatement guidance.
Asbestos Abatement
PM performed a pre-renovation asbestos containing materials (ACM) survey of the ground and
upper levels to identified ACM prior to renovation and demolition activities. The results of PM’s
survey identified the following ACM:
School Building
• Red Fire Stop Caulk (HA10) – 1 Square Foot*
• Aircell Straight Pipe Insulation (HA12) – 240 Linear Feet
• Interior Windowpane Glazing (HA16) – 1 Door/Window (3’ x 3’)
• 9” x 9” Grey Floor Tile (HA19) – 1,000 Square Feet
• 9” x 9” Brown/Red Floor Tile (HA23) – 300 Square Feet
• Light Heat Shield (HA24) – 1 Square Foot
• Vestibule Window Glazing Associated with Wood Framed Windows (HA28) – 7 Windows (5’
x 4’)
• 9” x 9” Tan with Colorful Specks Floor Tile (HA35) – 25 Square Feet
• Gym Ceiling Material (HA39) – 4,600 Square Feet
• Exterior Window Glazing Associated with Wood Framed Windows (HA41) – 36 Windows (3’
x 3’)
• Exterior Black Window Caulk (HA42) – 225 Linear Feet
• Exterior Door Caulk (HA45) – 7 Doors (5’ x 10’) and 20 Doors (3’ x 10’)
*A trace amount of asbestos was found in this material. Due to the limited quantity of this material
found and to save costs, PM recommends treating this material as ACM instead of performing
additional point count analysis to further define asbestos content.
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Annex Building
• Boiler Gasket Material (HA48) – 120 Linear Feet
• Exterior Flat Roofing Materials (HA52) – 900 SF
These materials and others identified in the additional ACM survey of the basement, as described
under Task 1, will be removed by a licensed abatement contractor if impacted by renovation
activities. If the materials are in damaged or significantly damaged condition, they will be removed
or repaired by a licensed abatement contractor.
ACM is defined by the Asbestos Hazard and Emergency Response Act (AHERA) as any material
or product containing more than one percent asbestos. Materials containing more than one
percent asbestos are subject to the requirements of the United States Environmental Protection
Agency (U.S. EPA) Asbestos National Emission Standard for Hazardous Air Pollutants
(NESHAP). The Asbestos NESHAP requires that all ACM classified as Regulated Asbestos
Containing Materials (RACM) be handled in the following manner dependent on its characteristics
as summarized below.
• All friable RACM must be removed from a building or structure that is being demolished or
renovated before any wrecking or dismantling is performed.
• ACM that is determined to be non-friable in nature must be classified as a Category I or
Category II material. This classification then determines, based on handling procedures,
whether the material must be removed prior to renovation or demolition and the means and
methods to remove the ACM in accordance with the Asbestos NESHAP.
• Non–Friable Category I Materials that may become friable if subjected to sanding, grinding,
cutting, or abrading during demolition or renovation must be removed.
• Category II Non-Friable Materials with a high probability of becoming crumbled, pulverized, or
reduced to a powder during construction activities (i.e., including renovation and demolition)
must be removed.
The Occupational Safety and Health Administration (OSHA) Construction Standard for Asbestos
(29 CFR 1926.1101) identifies building or facility owner responsibilities pertaining to ACM.
Specifically, the standard requires building and facility owners to determine the presence, location
and quantity of ACM and to provide this information to prospective employers (i.e., contractors)
applying or bidding for work, whose employees may be reasonably expected to work in areas
within or adjacent to areas containing such materials.
Air Monitoring
PM will provide project management, oversight and air monitoring during asbestos abatement
activities at the subject property. PM will review contractor work practices and compile records
associated with the asbestos abatement that includes employee training certificates, daily work
logs, air sampling analytical test reports, and waste disposal manifests. These materials will be
reviewed and included in the project closeout report detailing the results of the abatement
activities completed. Additional description of the services to be provided is described below.
• PM will oversee engineering controls, perform air-monitoring activities, and ensure that
the abatement Contractor takes appropriate measures to control hazardous conditions on
the work site. The review will consist of, but not be limited to, work techniques, equipment,
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employee training, medical testing, permits and agreements necessary for the removal of
ACM.
• PM will observe the on-going abatement activities to verify that the work is performed in
accordance with USEPA regulations, applicable State of Michigan guidelines, and OSHA
asbestos regulations. The purpose of the activity is to document and verify that abatement
activities have appropriately removed the identified ACM; that abatement and containment
strategies have been effective; and that airborne levels of asbestos fibers are maintained
within regulatory standards.
• During the asbestos abatement activities, PM will conduct air monitoring, as required. The
purpose of this activity is to ensure that asbestos fibers and debris are contained within
the abatement enclosures and to compare abatement worker exposure to the OSHA
Permissible Exposure Limit (PEL) for asbestos. Air samples will be collected on-site and
analyzed on-site using Phase Contract Microscopy (PCM) by the National Institute of
Occupational Safety and Health (NIOSH) Method 7400.
• Upon completion of the abatement activities, PM will perform post abatement clearance
sampling in accordance with applicable EPA, OSHA, and State of Michigan requirements.
After verification that post abatement closure has been achieved, PM will provide oversight
of the removal of asbestos abatement enclosures, manifesting of removed asbestos
wastes, and proper off-site disposal of the asbestos wastes.
Reporting
Upon completion of the abatement project, receipt of contractor submittals, analysis of air tests,
and review of data, PM will compile a final abatement closeout report summarizing the abatement
activities performed at the subject property
2.1.6 Task 6 EGLE Sign
During the time of the grant funded activities, the Grantee is required to install a sign on the
property displaying the Department of Environment, Great Lakes, and Energy (EGLE) logo. A full
color, 48” by 96” grommeted vinyl sign, or equivalent is required to be installed on the
brownfield site. An image file with the sign design will be provided to the Grantee by the
brownfield coordinator.
2.1.7 Task 7 EGLE Grant Close Out Report
To request closeout of the grant, the Grantee must provide a comprehensive grant closeout
report in the format provided by EGLE. The report will generally include a summary of each
activity completed under the grant including dates, quantities and other pertinent information,
photos, logs, other relevant documentation, figures/as built drawings, analytical results, etc.
2.1.8 Task 8 Third-party Oversight
Third-party oversight professional including, but not limited to assisting the Grantee with grant
management, review of technical work plans and reports, meetings and communications of a
technical nature, site inspections, and other technical oversight, as needed.
Page 26 of 50
Webster Community Center December 13, 2021
Grant Work Plan Page xi
2.1.9 Task 9 Contingency
Contingency for unanticipated conditions that may be encountered during the performance of
eligible activities.
Based on preliminary bids, costs are higher than initially anticipated to occur for Tasks 3:
Environmental Response Activities and 4: Industrial Cleaning. This Work Plan includes a request
to reallocate $6,400 from Task 1: Assessment and Investigation and $49,000 from Task 2: Due
Care. These amounts are proposed to be reallocated to add $11,500 into Task 3 and $43,900
into Task 4. In addition, this Work Plan seeks to utilize the full contingency for the remaining
overage associated with Task 4 ($5,200) as described in the Power Washing Activity, an
anticipated overage in building demolition ($17,730), the required Quarterly Reporting, and other
unforeseen increases to tasks and activities included in this work plan.
Page 27 of 50
Figures
Figure 1: Soil analytical results with estimated contaminated soil volume calculations
Page 28 of 50
ASPHALTPAVINGGRASSGRASSGRASSMURPHY AVENUE
MOORE STREET
WEST HURON STREETASPHALTPAVINGASPHALTPAVINGNEWBERRY STREETLEGEND:FIGURE 3WEBSTER COMMUNITY CENTER610 WEST HURON STREETPONTIAC, MIAKT SOIL AND WASTE WATER ANALYTICALRESULTSSUBJECT PROPERTYPROPOSED SITE FEATURESEnvironmental& EngineeringServices610 WEST HURONSTREETBOILER BUILDING20,000-GALLONOIL STORAGE USTPROPOSED COMMUNITYPLANTING AREAPROPOSED ATHLETICFIELDPROPOSED PARKING AREAAKT BASEMENT WATER SAMPLEAKT SOIL BORING / MONITORING WELLVALUE EXCEEDS APPLICABLE CRITERIAREFER TO TABLES FOR SPECIFICCOMPOUNDS ANALYZEDμg/Kg (UNLESS NOTED)METHOD DETECTION LIMITVOLATILE ORGANIC COMPOUNDSPOLYNUCLEAR AROMATIC COMPOUNDS1,2,3-TRIMETHYLBENZENE1,3,5-TRIMETHYLBENZENE1,2,4-TRIMETHYLBENZENEETHYLBENZENEPHENANTHRENENAPHTHALENE2-METHYLNAPHTHALENEACENAPHTHENEANTHRACENEFLUORENEGASOLINE RANGE ORGANICSDIESEL RANGE ORGANICSSOIL CONCENTRATIONS REPRESENTATIVE OFPOTENTIAL RESIDUAL LNAPL SATURATIONTUNNEL FROM BOILER BUILDINGTO BASEMENT OF MAIN BUILDINGUSTUNDERGROUND STORAGE TANKESTIMATED SOIL IMPACTACCUMULATED WATER WITHFUEL OIL IMPACTPage 29 of 50
Tables
Table 1: Activity Costs and Schedule Table
Table 2: Cumulative Expenditure Table
Table 3: Proposed Budget Changes
Table 4: Grant/Loan Environmental Costs Leveraged
Page 30 of 50
Table 1
Activity Costs and Schedule Table
Page 31 of 50
Table 2
Cumulative Expenditures Table
Page 32 of 50
Table 3
Proposed Budget Changes
Page 33 of 50
Table 4
Grant/Loan Environmental Costs Leveraged
Invoiced Witheld
Contractor Invoice #Invoice Date Task #Task Associated Fiscal
Year Associated Quarter
50/50 Activity
(Demolition,
Abatement, etc.)
Invoice Amount
Environmental
Cost Paid to Date
50/50 Activity
(Demolition,
Abatement, etc.)
Paid to Date
Paid to Date
Difference
50/50 Activity
(Demolition,
Abatement, etc.)
Amount Withheld
Contractor Name Contractor Invoice # Invoice Date # TaskName FY##Q#-$
Contractor Name Contractor Invoice # Invoice Date # TaskName FY##Q#-$ -$ -$ -$
Contractor Name Contractor Invoice # Invoice Date # TaskName FY##Q#-$ -$ -$ -$
PM Environmental 99043 11/10/2021 Hazardous Materials Survey 4,600.00$ 4,600.00$ -$ 4,600.00$
PM Environmental 96768 3/25/2021 Waste Characterization Sampling - Water 2,570.00$ 2,570.00$ -$ 2,570.00$
PM Environmental 97040 4/22/2021 Wastewater Disposal 172,310.00$ 172,310.00$ -$ 172,310.00$
-$ -$ -$ -$
Total 179,480.00$ 179,480.00$ -$ 179,480.00$ 179,480.00$
Additional Environmental Costs Leveraged
Grant/Loan Environmental Costs Leveraged
Paid
Page 34 of 50
BROWNFIELD GRANT AGREEMENT
BETWEEN THE
MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT
LAKES, AND ENERGY
AND
OAKLAND COUNTY
This Grant Agreement (“Agreement”) is made between the Michigan Department of Environment, Great Lakes, and
Energy, Remediation and Redevelopment Division (hereafter “State"), and Oakland County (hereafter "Grantee").
The purpose of this Agreement is to provide funding in exchange for work to be performed for the project named
below. The State is authorized to provide grant assistance pursuant to the funding sources identified in Appendix A.
This Agreement is subject to the terms and conditions specified herein.
Project Name: Webster Community Center Location Code: 6H24
Amount of Grant: $425,000 Tracking Code: 2021-2465
Start Date: Date executed by the State End Date: Two years after Start Date
GRANTEE CONTACT: STATE’S CONTACT:
Name/Title
Brad Hansen
Senior Business Representative
Name/Title
Michelle Bakun
Brownfield Coordinator
Organization
Economic Development and Community Affairs
Oakland County
Division
Remediation and Redevelopment Division
Address
1200 North Telegraph Road
Pontiac, Michigan 48341
Address
Constitution Hall, 5th Floor
525 West Allegan Street
Lansing, Michigan 48933
Telephone number
248-858-8073
Telephone number
586-233-3408
E-mail address
hansenb@oakgov.com
E-mail address
BakunM@Michigan.gov
Federal ID number
38-6004876
The individuals signing below certify by their signatures that they are authorized to sign this Grant Agreement on
behalf of their agencies, and that the parties will fulfill the terms of this Agreement, including any attached
appendices, as set forth herein.
FOR THE GRANTEE:
____________________________ ______________________________________
David Woodward, Chairperson,
Oakland County Board of Commissioners
Date
FOR THE STATE:
___________________________________________ _______________________________
Mike Neller, Director Grant Execution Date / Agreement Start Date
Remediation and Redevelopment Division Agreement End Date is two years after this date
Michigan Department of Environment, Great Lakes,
and Energy
Rev. 5-22-19
DavidT. Woodward (Aug31, 2021 10:15 EDT)
"#$%&!'(!)**&+#,&
#$%&'()*!+,+-$,.$/-!-,0-2"3!#45
677*689**:78;'7<1=7>
Joshua Mosher acting for Mike Neller 9/7/2021
EXHIBIT B
Grant Agreement (between County and EGLE)
Page 35 of 50
I. PROJECT SCOPE
This Agreement and its appendices constitute the entire Agreement between the State and the
Grantee and may be modified only by written agreement between the State and the Grantee.
(A) The scope of this project is limited to the activities specified in Appendix A and such activities as
are authorized by the State under this Agreement. Any change in project scope requires prior
written approval in accordance with Section III, Changes, in this Agreement.
(B) By acceptance of this Agreement, the Grantee commits to complete the project identified in
Appendix A within the time period allowed for in this Agreement and in accordance with the terms
and conditions of this Agreement.
II. AGREEMENT PERIOD
Upon signature by the State, the Agreement shall be effective from the Start Date until the End Date
on page 1. The State shall have no responsibility to provide funding to the Grantee for project work
performed except between the Start Date and the End Date specified on page 1. Expenditures
made by the Grantee prior to the Start Date or after the End Date of this Agreement are not eligible
for payment under this Agreement.
III. CHANGES
Any changes to this Agreement other than budget line item revisions less than 20 percent of the
total Agreement amount shall be requested by the Grantee or the State in writing and implemented
only upon approval in writing by the State. The State reserves the right to deny requests for
changes to the Agreement or to the appendices. No changes can be implemented without approval
by the State.
IV. GRANTEE DELIVERABLES AND REPORTING REQUIREMENTS
The Grantee shall submit deliverables and follow reporting requirements specified in Appendix A of
this Agreement.
(A)The Grantee must complete and submit quarterly progress reports according to a form and
format prescribed by the State and must include supporting documentation of eligible project
expenses. These reports shall be due according to the following:
Reporting Period Due Date
January 1 – March 31 April 30
April 1 – June 30 July 31
July 1 – September 30 Before October 15*
October 1 – December 31 January 31
*Due to the State’s year-end closing procedures, there will be an accelerated due date for the report
covering July 1 – September 30. Advance notification regarding the due date for the quarter ending
September 30 will be sent to the Grantee. If the Grantee is unable to submit a report in early
October for the quarter ending September 30, an estimate of expenditures through September 30
must be submitted to allow the State to complete its accounting for that fiscal year.
The forms provided by the State shall be submitted to the State’s contact at the address on page 1.
All required supporting documentation (invoices, proof of payment, etc.) for expenses must be
included with the report.
Page 36 of 50
(B) The Grantee shall provide a final project report in a format prescribed by the State. The
Grantee shall submit the final status report, including all supporting documentation for expenses,
along with the final project report and any other outstanding products within 30 days from the End
Date of the Agreement.
(C) The Grantee must provide electronic copies of all products and deliverables in accordance with
Appendix A.
(D) All products shall acknowledge that the project was supported in whole or in part by the State,
per the guidelines provided by the program.
(E) If 15 percent (15%) or more of the total grant amount is expended in a single quarter,
payment requests may be submitted more than once during that quarter.
V. GRANTEE RESPONSIBILITIES
(A) The Grantee agrees to abide by all applicable local, state, and federal laws, rules, ordinances,
and regulations in the performance of this grant.
(B) All local, state, and federal permits, if required, are the responsibility of the Grantee. Award of
this grant is not a guarantee of permit approval by the State.
(C) The Grantee shall be solely responsible to pay all applicable taxes and fees, if any, that arise
from the Grantee’s receipt or execution of this grant.
(D) The Grantee is responsible for the professional quality, technical accuracy, timely completion,
and coordination of all designs, drawings, specifications, reports, and other services submitted to
the State under this Agreement. The Grantee shall, without additional compensation, correct or
revise any errors, omissions, or other deficiencies in drawings, designs, specifications, reports, or
other services.
(E) The State’s approval of drawings, designs, specifications, reports, and incidental work or
materials furnished hereunder shall not in any way relieve the Grantee of responsibility for the
technical adequacy of the work. The State’s review, approval, acceptance, or payment for any of
the services shall not be construed as a waiver of any rights under this Agreement or of any cause
of action arising out of the performance of this Agreement.
(F) The Grantee acknowledges that it is a crime to knowingly and willingly file false information with
the State for the purpose of obtaining this Agreement or any payment under the Agreement, and
that any such filing may subject the Grantee, its agents, and/or employees to criminal and civil
prosecution and/or termination of the grant.
VI. USE OF MATERIAL
Unless otherwise specified in this Agreement, the Grantee may release information or material
developed under this Agreement, provided it is acknowledged that the State funded all or a portion
of its development.
The State, and federal awarding agency, if applicable, retains a royalty-free, nonexclusive and
irrevocable right to reproduce, publish, and use in whole or in part, and authorize others to do so, any
copyrightable material or research data submitted under this grant whether or not the material is
copyrighted by the Grantee or another person. The Grantee will only submit materials that the State
can use in accordance with this paragraph.
Page 37 of 50
VII. ASSIGNABILITY
The Grantee shall not assign this Agreement or assign or delegate any of its duties or obligations
under this Agreement to any other party without the prior written consent of the State. The State
does not assume responsibility regarding the contractual relationships between the Grantee and any
subcontractor.
VIII. SUBCONTRACTS
The State reserves the right to deny the use of any consultant, contractor, associate, or other
personnel to perform any portion of the project. The Grantee is solely responsible for all contractual
activities performed under this Agreement. Further, the State will consider the Grantee to be the sole
point of contact with regard to contractual matters, including payment of any and all charges resulting
from the anticipated Grant. All subcontractors used by the Grantee in performing the project shall be
subject to the provisions of this Agreement and shall be qualified to perform the duties required.
IX. NON-DISCRIMINATION
The Grantee shall comply with the Elliott Larsen Civil Rights Act, 1976 PA 453, as amended,
MCL 37.2101 et seq., the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended,
MCL 37.1101 et seq., and all other federal, state, and local fair employment practices and equal
opportunity laws and covenants that it shall not discriminate against any employee or applicant for
employment, to be employed in the performance of this Agreement, with respect to his or her hire,
tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to
employment, because of his or her race, religion, color, national origin, age, sex, height, weight,
marital status, or physical or mental disability that is unrelated to the individual’s ability to perform
the duties of a particular job or position. The Grantee agrees to include in every subcontract
entered into for the performance of this Agreement this covenant not to discriminate in
employment. A breach of this covenant is a material breach of this Agreement.
X. UNFAIR LABOR PRACTICES
The Grantee shall comply with the Employers Engaging in Unfair Labor Practices Act, 1980 PA
278, as amended, MCL 423.321 et seq.
XI. LIABILITY
(A) The Grantee, not the State, is responsible for all liabilities as a result of claims, judgments, or
costs arising out of activities to be carried out by the Grantee under this Agreement, if the liability
is caused by the Grantee, or any employee or agent of the Grantee acting within the scope of
their employment or agency.
(B) Nothing in this Agreement should be construed as a waiver of any governmental immunity by
the Grantee, the State, its agencies, or their employees as provided by statute or court decisions.
XII. CONFLICT OF INTEREST
No government employee, or member of the legislative, judicial, or executive branches, or member of
the Grantee’s Board of Directors, its employees, partner agencies, or their families shall benefit
financially from any part of this Agreement.
XIII. ANTI-LOBBYING
If all or a portion of this Agreement is funded with federal funds, then in accordance with OMB
Circular A-21, A-87, or A-122, as appropriate, the Grantee shall comply with the Anti-Lobbying Act,
which prohibits the use of all project funds regardless of source, to engage in lobbying the state or
Page 38 of 50
federal government or in litigation against the State. Further, the Grantee shall require that the
language of this assurance be included in the award documents of all subawards at all tiers.
If all or a portion of this Agreement is funded with state funds, then the Grantee shall not use any
of the grant funds awarded in this Agreement for the purpose of lobbying as defined in the State of
Michigan’s lobbying statute, MCL 4.415(2). “‘Lobbying’ means communicating directly with an
official of the executive branch of state government or an official in the legislative branch of state
government for the purpose of influencing legislative or administrative action.” The Grantee shall
not use any of the grant funds awarded in this Agreement for the purpose of litigation against the
State. Further, the Grantee shall require that language of this assurance be included in the award
documents of all subawards at all tiers.
XIV. DEBARMENT AND SUSPENSION
By signing this Agreement, the Grantee certifies to the best of its knowledge and belief that it,
its agents, and its subcontractors:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or the state.
(2) Have not within a three-year period preceding this Agreement been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, state, or
local) transaction or contract under a public transaction, as defined in 45 CFR 1185;
violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen
property.
(3) Are not presently indicted or otherwise criminally or civilly charged by a government entity
(federal, state, or local) with commission of any of the offenses enumerated in subsection (2).
(4) Have not within a three-year period preceding this Agreement had one or more
public transactions (federal, state, or local) terminated for cause or default.
(5) Will comply with all applicable requirements of all other state or federal laws, executive
orders, regulations, and policies governing this program.
XV. AUDIT AND ACCESS TO RECORDS
The State reserves the right to conduct a programmatic and financial audit of the project, and the
State may withhold payment until the audit is satisfactorily completed. The Grantee will be required
to maintain all pertinent records and evidence pertaining to this Agreement, including grant and any
required matching funds, in accordance with generally accepted accounting principles and other
procedures specified by the State. The State or any of its duly authorized representatives must have
access, upon reasonable notice, to such books, records, documents, and other evidence for the
purpose of inspection, audit, and copying. The Grantee will provide proper facilities for such access
and inspection. All records must be maintained for a minimum of ten (10) years after the final
payment has been issued to the Grantee by the State.
XVI. INSURANCE
(A) The Grantee must maintain insurance or self-insurance that will protect it from claims that may
arise from the Grantee’s actions under this Agreement.
(B) The Grantee must comply with applicable workers’ compensation laws while engaging in
activities authorized under this Agreement.
Page 39 of 50
XVII. OTHER SOURCES OF FUNDING
The Grantee guarantees that any claims for reimbursement made to the State under this
Agreement must not be financed by any source other than the State under the terms of this
Agreement. If funding is received through any other source, the Grantee agrees to delete from
Grantee's billings, or to immediately refund to the State, the total amount representing such
duplication of funding.
XVIII. COMPENSATION
(A) A breakdown of costs allowed under this Agreement is identified in Appendix A. The State will
pay the Grantee a total amount not to exceed the amount on page 1 of this Agreement, in
accordance with Appendix A, and only for expenses incurred and paid. All other costs necessary to
complete the project are the sole responsibility of the Grantee.
(B) Expenses incurred by the Grantee prior to the Start Date or after the End Date of this
Agreement are not allowed under the Agreement, unless otherwise specified in Appendix A.
(C) The State will approve payment requests after approval of reports and related documentation as
required under this Agreement.
(D) The State reserves the right to request additional information necessary to substantiate payment
requests.
(E) Payments under this Agreement may be processed by Electronic Funds Transfer (EFT).
The Grantee may register to receive payments by EFT at the SIGMA Vendor Self-Service
website (http://www.michigan.gov/sigmavss).
(F) An amount equal to ten percent (10%) of the grant award will be withheld by the State until the
project is completed in accordance with Section XIX, Closeout, and Appendix A.
XIX. CLOSEOUT
(A) A determination of project completion, which may include a site inspection and an audit, shall be
made by the State after the Grantee has met any match obligations, satisfactorily completed the
activities, and provided products and deliverables described in Appendix A.
(B) Upon issuance of final payment from the State, the Grantee releases the State of all claims
against the State arising under this Agreement. Unless otherwise provided in this Agreement
or by State law, final payment under this Agreement shall not constitute a waiver of the State’s
claims against the Grantee.
(C) The Grantee shall immediately refund to the State any payments in excess of the costs allowed
by this Agreement.
XX. CANCELLATION
This Agreement may be canceled by the State, upon 30 days written notice, due to Executive
Order, budgetary reduction, other lack of funding, upon request by the Grantee, or upon mutual
agreement by the State and Grantee. The State may honor requests for just and equitable
compensation to the Grantee for all satisfactory and eligible work completed under this Agreement
up until 30 days after written notice, upon which time all outstanding reports and documents are
due to the State and the State will no longer be liable to pay the grantee for any further charges to
the grant.
Page 40 of 50
XXI. TERMINATION
(A) This Agreement may be terminated by the State as follows.
(1) Upon 30 days written notice to the Grantee:
a. If the Grantee fails to comply with the terms and conditions of the Agreement, or with
the requirements of the authorizing legislation cited on page 1, or the rules
promulgated thereunder, or other applicable law or rules.
b. If the Grantee knowingly and willingly presents false information to the State for the
purpose of obtaining this Agreement or any payment under this Agreement.
c. If the State finds that the Grantee, or any of the Grantee’s agents or representatives,
offered or gave gratuities, favors, or gifts of monetary value to any official, employee, or
agent of the State in an attempt to secure a subcontract or favorable treatment in
awarding, amending, or making any determinations related to the performance of this
Agreement.
d. If the Grantee or any subcontractor, manufacturer, or supplier of the Grantee appears in
the register of persons engaging in unfair labor practices that is compiled by the
Michigan Department of Licensing and Regulatory Affairs or its successor.
e. During the 30-day written notice period, the State shall withhold payment for any findings
under subparagraphs a through d above, and the Grantee will immediately cease
charging to the grant and stop earning match for the project (if applicable).
(2) Immediately and without further liability to the State if the Grantee, or any agent of the
Grantee, or any agent of any subcontract is:
a. Convicted of a criminal offense incident to the application for or performance of a State,
public, or private contract or subcontract;
b. Convicted of a criminal offense, including but not limited to any of the following:
embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving
stolen property, or attempting to influence a public employee to breach the ethical
conduct standards for State of Michigan employees;
c. Convicted under State or federal antitrust statutes; or
d. Convicted of any other criminal offense that, in the sole discretion of the State, reflects
on the Grantee’s business integrity.
e. Added to the federal or state Suspension and Debarment list.
(B) If a grant is terminated, the State reserves the right to require the Grantee to repay all or a
portion of funds received under this Agreement.
XXII. IRAN SANCTIONS ACT
By signing this Agreement the Grantee is certifying that it is not an Iran-linked business, and that
its contractors are not Iran-linked businesses, as defined in MCL 129.312.
XXIII. ACCESS AGREEMENTS
A voluntary access agreement or court-ordered access must be secured by the Grantee prior to
performance of the scope of work described in Appendix A for any portion of the project area or
property where grant activities will be undertaken and that is not owned by the Grantee. Evidence
of access must be provided to the State at its request.
XXIV. GRANT ADMINISTRATION
The use of a Grant Administrator to review work plans, reports, and other documents prepared by
the contractor(s), review invoices, write project status reports, and coordinate project activities and Page 41 of 50
communications is eligible for reimbursement conditional upon the State’s approval of a scope of
work and budget prior to incurring grant administration costs. Grant administration costs will be
limited to three percent (3%) [ten percent (10%) (for areawides only)] of the total grant amount.
XXV. INELIGIBLE EXPENSES
Although the following costs may be related to the scope of work described in Appendix A, the
following are ineligible for reimbursement under the grant:
Office equipment; software; insurance, except liability insurance required pursuant to this
Agreement; taxes, except sales taxes; replacement or purchase of equipment; drinking water
supply replacement, defined as but is not limited to, providing bottled water, constructing a new
well, and extending or constructing a water supply system; operation and maintenance, defined as
the activities necessary to provide for continued effectiveness and integrity of a response activity
after construction of the response activity means or measures. The term includes activities such as
groundwater removal and treatment; restoration of property or infrastructure, unless included in
Appendix A; fees for attorneys or legal advice; grant recipient staff time for application submittal;
costs incurred for environmental activities under a local Brownfield Redevelopment Authority Plan;
costs incurred for activities outside a State-approved work plan; labor overtime; and training.
Travel costs for either vehicle use or vehicle mileage will be reimbursed, but not both. Vehicle
mileage will be reimbursed at a maximum of the federal rate allowed by the Internal Revenue
Service at the time the costs are incurred. Fees, such as those incurred for state or local permits;
underground storage tank registration; late fees; or other fees may be eligible at the State’s
discretion. Other expenses may be determined ineligible in the course of invoice reviews.
XXVI. BIDS, CONTRACTORS
(A) For contracts over $20,000, the Grantee shall provide, or cause to be provided, the qualifications
of the selected contractor(s) to the State. The State reserves the right to object to the selected
contractor(s) or their qualifications. If the State has objections, it will inform the Grantee in writing
within 30 days of receipt of the selected contractor’s qualifications.
(B) For any contract over $20,000, except professional services, the Grantee shall solicit, or cause to
be solicited, bids from at least three qualified contractors. The Grantee shall provide to the State
copies of all bids received. If the contractor that submitted the lowest bid is not the contractor
selected, the Grantee must submit written justification for the selection.
(C) Any contractor(s) retained for corrective action on regulated underground storage tanks shall be
a qualified underground storage tank consultant that meets the requirements of Section 21325 of
Part 213, Leaking Underground Storage Tanks of the NREPA.
(D) Any contractor(s) retained for asbestos abatement shall possess appropriate qualifications to
perform asbestos abatement.
(E) Contractor markup on subcontractors and equipment is limited to a maximum of ten percent
(10%) of the original cost, and subject to approval by the State.
XXVII. WORK PLANS AND PROJECT IMPLEMENTATION
(A) Prior to conducting any activities except property acquisition under the Agreement, the
Grantee or its contractor shall submit a detailed work plan to the State for its approval. Work plans
must include a description of the proposed activities, a budget, and a schedule for conducting the
activities under Appendix A. A supplementary work plan, budget, and schedule are required for
each subsequent phase of work. The Grantee and its contractor shall not proceed with grant-
funded activities until the State approves the work plan, budget, and schedule in writing. The State
may approve, modify and approve, or require amendments to the work plan.
Page 42 of 50
(B) The Grantee or its contractor shall implement the work plan upon the State’s written approval
and according to the schedules contained therein. Changes or additions to the work plan may be
submitted in writing and are subject to approval by the State. Changes to work plans without prior
approval from the State, or performance of activities that are not part of an approved work plan or
an amendment to a work plan, are considered ineligible expenses and may result in the Grantee
being responsible for payment of unapproved activities.
XXVIII. ECONOMIC DEVELOPMENT
(A) The Grant Recipient acknowledges by its signature of this Agreement that there have been
no material changes in the economic development proposal, property ownership, or other
conditions of the property or project since the date the grant funds were awarded.
(B) In the event the proposed development changes or is not implemented, the Grantee shall
immediately notify the State in writing and shall secure a new development project for the property
within six (6) months after such notification. The Grantee shall then notify the State in writing of the
proposed development. The alternate development project is also subject to approval by the
State.
XXIX. OTHER TERMS AND CONDITIONS
(A) The State may withhold the grant until the State determines that the Grantee is able to
proceed with the project scope described in Appendix A, pursuant to Part 196, Section 19612(3), of
the NREPA.
(B) Following completion of the project, the State may conduct annual compliance inspections for
two (2) years to determine whether the project is being maintained for the use specified in this
Agreement.
(C) The Grantee acknowledges, by signature of this Agreement, that the State is not obligated to
provide additional funding beyond the Agreement amount should additional environmental costs
be necessary to complete the project.
(D) If necessary to allow for completion of the project, the Grantee and State may mutually agree
to extend the term of the Agreement. Agreement extensions should be requested by the Grantee
or the State in writing, prior to the Agreement end date. The term of the Agreement may be
extended up to a maximum of four additional 1-year periods. This Agreement may only be
extended by a signed agreement between both parties.
Page 43 of 50
BROWNFIELD REDEVELOPMENT
GRANT / LOAN
APPENDIX A
Project Details
Project Name
and Address
Webster Community Center
640 West Huron Street
Pontiac, Michigan
Grantee /
Borrower Oakland County
Tracking Code 2021-2465 Location Code 6H24
Capital
Investment $17,069,685 Jobs Created 29 full-time
Total Grant
Funding $425,000 Total Loan
Funding $0
Funding Source Renew Michigan Grant (RMG)
PROJECT DESCRIPTION: Oakland County has received a brownfield redevelopment grant to facilitate
the redevelopment of a former school into a community center. The community center will provide
social services to underserved populations including educational programming, community-based arts,
business incubation, a day care and food services. In addition, the exterior courtyard will be converted
into an event space and the gym will be converted into a theater/sports court.
A release from underground storage tank (UST) which is present on the property is believed to be the
source of contamination. The grant funds will be used for demolition, asbestos abatement,
underground storage tank removal, investigation and sampling, the removal, transport and disposal of
contaminated soils, industrial cleaning, and due care planning and implementation. Due care activities
may include the design and implementation of a vapor mitigation system.
ANTICIPATED SCOPE OF WORK / BUDGET: The scope of work will take place within the project
boundaries identified in Figure 1 and includes the following activities to facilitate the safe reuse of the
property:
1. Assessment and investigation including, but not limited to additional investigation and sampling.
2. Due care including, but not limited to due care planning, removal, transport, and disposal of
contaminated soils, preparation of the documentation of due care compliance, and the design
and installation of a vapor mitigation system, if needed.
3. Environmental response activities including, but not limited to transport and disposal of
contaminated soils, and removal of underground storage tanks.
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4. Industrial cleaning including, but not limited to the cleaning of the building basement impacted
from the accumulation of water and diesel fuel, as well as characterization and disposal of the
wash water.
5. Demolition and asbestos abatement including, but not limited to the demolition of structures,
pavement, and other site features, as well as bidding, oversight, and reporting.
6. During the time of the grant funded activities, the Grantee is required to install a sign on the
property displaying the Department of Environment, Great Lakes, and Energy (EGLE) logo. A full
color, 48” by 96” grommeted vinyl sign, or equivalent is required to be installed on the
brownfield site. An image file with the sign design will be provided to the Grantee by the
brownfield coordinator.
7. To request closeout of the grant, the Grantee must provide a comprehensive grant closeout
report in the format provided by EGLE. The report will generally include a summary of each
activity completed under the grant including dates, quantities and other pertinent information,
photos, logs, other relevant documentation, figures/as built drawings, analytical results, etc.
8. Third-party oversight professional including, but not limited to assisting the Grantee with grant
management, review of technical work plans and reports, meetings and communications of a
technical nature, site inspections, and other technical oversight, as needed.
9. Contingency for unanticipated conditions that may be encountered during the performance of
eligible activities. Contingency will not be utilized without authorization from EGLE.
Task Grant
1. Assessment and Investigation $16,500
2. Due Care $51,500
3. Environmental Response Activities $45,000
4. Industrial Cleaning $65,000
5. Demolition and Asbestos Abatement*$178,000
6. EGLE Sign $500
7. EGLE Grant Closeout Report $2,500
8. Third-party Environmental Oversight Professional $19,950
9. Contingency $46,050
Total $425,000
* Demolition and abatement costs (Task 5) cannot exceed the total combined cost of environmental
activities (Tasks 1-4) funded by EGLE and other sources. If demolition and abatement occur before
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the environmental activities, demolition and abatement reimbursement will be deferred until the
environmental activity costs incurred equal or exceed the costs incurred for demolition and
abatement.
In addition to the broad budget items above, the grant may be used for work plan and budget
development, bid solicitation, technical specifications, oversight, project management, reporting and
other task related activities approved by the EGLE brownfield coordinator. All grant-eligible work,
including tasks not listed above, must be approved in advance. Work completed without an approved
work plan may not be eligible for grant reimbursement.
Prior to the start of any grant-eligible work, a work plan must be submitted to EGLE for review and
approval. Work plan development will be paid for under the budget items listed above. A budget up to
$1,000 per work plan is approved for site assessments. A budget up to $2,500 each is approved for all
other work plans. If development of a work plan is expected to cost more than the pre-approved
budgets, the anticipated cost to develop the work plan must be approved by the brownfield coordinator
in advance, or the excess cost will not be eligible for reimbursement. Further, a budget of up to $500 is
approved for the EGLE sign as listed in the tasks above.
SCHEDULE: Grant administration and third-party environmental oversight professional work will be
conducted during the entire length of the agreement. Work under the contingency task will be
completed as necessary and the EGLE sign, and grant closeout report will be completed at the beginning
and end of the project, respectively. Following the start of the agreement, the remaining tasks are
anticipated to be conducted in the timeframes described below.
Task Schedule (Months following signed
agreement)
Assessment and Investigation Months 1-4
Due Care Months 1-24
Environmental Response Activities Months 1-24
Industrial Cleaning Months 1-4
Demolition and Asbestos Abatement Months 1-4
A more detailed schedule for above tasks shall be provided by the Grantee within the project work
plans.
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WEBSTER COMMUNITY CENTER
EGLE Remediation & Redevelopment
Division
July 2021
^_
Sources: Esri, HERE, Garmin, USGS, Intermap,
INCREMENT P, NRCan, Esri Japan, METI, Esri
China (Hong Kong), Esri Korea, Esri (Thailand),
NGCC, (c) OpenStreetMap contributors, and the
GIS User Community
µ
Datum; WGS_1984 Photo Source: MIS Date:2010 Resolution:1ft
0 100 200 300 400 50050
Feet
640 WEST HURON STREET
FIGURE 1
PONTIAC, OAKLAND COUNTY
SEC 30 T03N R10E
Project Scope
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EXHIBIT C
DEVELOPER INSURANCE REQUIREMENTS
During this Contract, the Developer shall provide and maintain, at Developer’s own expense, all
insurance as set forth and marked below. The insurance shall be written for not less than any
minimum coverage herein specified. Limits of insurance required in no way limit the liability of the
Developer.
Primary Coverages
Commercial General Liability Occurrence Form including: (a) Premises and Operations; (b) Products
and Completed Operations (including On and Off Premises Coverage); (c) Personal and Advertising
Injury; (d) Broad Form Property Damage; (e) Broad Form Contractual including coverage for
obligations assumed in this Contract;
$1,000,000 – Each Occurrence Limit
$1,000,000 – Personal & Advertising Injury
$2,000,000 – Products & Completed Operations Aggregate Limit
$2,000,000 – General Aggregate Limit
$ 100,000 – Damage to Premises Rented to You (formally known as Fire Legal Liability)
Workers’ Compensation Insurance with limits statutorily required by any applicable Federal or State
Law and Employers Liability insurance with limits of no less than $500,000 for each accident,
$500,000 for a disease for each employee, and $500,000 for a disease policy limit. Developer must
comply with one of the following:
1.☒ Be a Fully Insured or State approved self-insurer;
2.☐ Sole Proprietors must submit a signed Sole Proprietor form; or
3.☐ Exempt entities, Partnerships, LLC, etc., must submit a State of Michigan form WC-337 Certificate
of Exemption.
Evidence of workers’ compensation insurance is not necessary if neither Developer nor any
Developer Employees come onsite to any County real property, land, premises, buildings, or other
facilities in the performance of this Contract.
Commercial Automobile Liability Insurance covering bodily injury or property damage arising out of
the use of any owned, hired, or non-owned automobile with a combined single limit of $1,000,000
each accident. This requirement is waived if there are no company owned, hired or non-owned
automobiles utilized in the performance of this Contract.
Commercial Umbrella/Excess Liability Insurance with minimum limits of $2,000,000 each
occurrence. This coverage shall be in excess of the scheduled underlying General Liability,
Automobile Liability, and Employer’s Liability Insurance policies with exclusions that are not broader
than those contained in the underlying policies. This Umbrella/Excess requirement may be met by
increasing the primary Commercial General Liability limits to meet the combined limit requirement.
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Supplemental Coverages. The following supplemental coverages are required:
1.Professional Liability/Errors & Omissions Insurance (i.e., Consultants, Technology Vendors,
Architects, Engineers, Real Estate Agents, Insurance Agents, Attorneys, etc.) with minimum limits
of $1,000,000 per claim and $1,000,000 aggregate.
2.Commercial Property Insurance. The Developer shall be responsible for obtaining and
maintaining insurance covering their equipment and personal property against all physical
damage.
3.Pollution Liability Insurance with minimum limits of $1,000,000 per claim and $1,000,000
aggregate.
General Insurance Conditions
The aforementioned insurance shall be endorsed, as applicable, and shall contain the following
terms, conditions, and/or endorsements. All certificates of insurance shall provide evidence of
compliance with all required terms, conditions and/or endorsements.
1.All policies of insurance shall be on a primary, non-contributory basis with any other insurance or
self-insurance carried by the County;
2.The insurance company(s) issuing the policy(s) shall have no recourse against the County for
subrogation (policy endorsed written waiver), premiums, deductibles, or assessments under any
form. All policies shall be endorsed to provide a written waiver of subrogation in favor of the
County;
3.Any and all deductibles or self-insured retentions shall be assumed by and be at the sole risk of the
Developer;
4.Developer shall be responsible for their own property insurance for all equipment and personal
property used and/or stored on County property;
5.The Commercial General Liability and Commercial Automobile Liability policies along with any
required supplemental coverages shall be endorsed to name the County of Oakland and it
officers, directors, employees, appointees, and commissioners as additional insured where
permitted by law and policy form;
6.If the Developer’s insurance policies have higher limits than the minimum coverage requirements
stated in this document the higher limits shall apply and in no way shall limit the overall liability
assumed by the Developer under contract.
7.The Developer shall require its contractors or sub-contractors, not protected under the
Developer’s insurance policies, to procure and maintain insurance with coverages, limits,
provisions, and/or clauses equal to those required in this Contract;
8.Certificates of insurance must be provided prior to the County’s execution of the Contract and
must bear evidence of all required terms, conditions, and endorsements; and provide thirty (30)
days’ written notice of cancellation/material change endorsement to the insurance coverages
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required by this Exhibit.
9.All insurance carriers must be licensed and approved to do business in the State of Michigan
along with the Developer’s state of domicile and shall have and maintain a minimum A.M. Best’s
rating of A- unless otherwise approved by the County Risk Management Department.
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