HomeMy WebLinkAboutReports - 2024.02.07 - 40976
AGENDA ITEM: Grant Amendment #2 to the Brownfield Redevelopment Grant with Michigan
Environment, Great Lakes and Energy (EGLE) for the Webster Community Center Project - Pontiac
DEPARTMENT: Economic Development - Business Development
MEETING: Board of Commissioners
DATE: Wednesday, February 7, 2024 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2024-3794
Motion to accept the Michigan Department of Environment, Great Lakes and Energy (EGLE)
Brownfield Redevelopment Program – Renew Michigan Grant Amendment which would be effective
as of the date of contract execution and continuing until December 31,2025, in the amount of
$575,000; further, the Chair of the Board of Commissioners is authorized to execute the grant
amendment award and to approve any grant extensions or changes, within fifteen percent (15%) of
the original award, which are consistent with the original award as approved; further, that
acceptance of this grant amendment does not obligate the County to any future commitment and
continuation of this program is contingent upon continued future levels of grant funding; further, that
the FY2024 budget shall be amended as detailed in the attached Schedule A – Budget Amendment.
ITEM CATEGORY SPONSORED BY
Grant Yolanda Smith Charles
INTRODUCTION AND BACKGROUND
The Economic Development department applied for and was awarded the Michigan Department of
Environment, Great Lakes and Energy Brownfield Redevelopment Program – Renew Michigan
Grant in the amount of $425,000 to remediate lead and asbestos contamination from the former
Webster School in the City of Pontiac that will be redeveloped into a community center. The Board
of Commissioners approved the grant funding via Miscellaneous Resolution #21-333. Oakland
County, requested and was awarded an amendment to the Webster Community Center grant for an
additional $575,000 in EGLE grant funds and an extension of the grant period to allow for
appropriate time to complete anticipated grant activities. There is no match requirement for this
State funding
Concentrations of various VOCs and PNAs were detected in several soil, groundwater, and/or soil
gas samples analyzed from the subject property above the applicable Residential VIAP screening
levels. Therefore, mitigation of the VIAP in the form of the installation of engineering controls will be
required prior to building occupancy to prevent unacceptable exposure. The amended grant funds
will be utilized for Due Care activities, as outlined in the existing grant agreement. We anticipate
funds to be utilized for design and installation of a vapor mitigation system along with associated
project management and required reporting tasks.
Based on the expected timing of construction and grant activities, we’d like to extend the grant
period through December 2025.
The project cost has increased to $30 Million. The developer is on a tight schedule in order to line
up their financing which is tied to this additional grant funding. With that said, we would like to get
this onto the January 31, 2024 EDI agenda so it can be finalized on February 7, 2024 at the Board
of Commissioners meeting.
The grant agreement has completed the Grant Review Process in accordance with Miscellaneous
Resolution #19006.
POLICY ANALYSIS
This is a request to accept an additional $575,000 in grant funding under Amendment #2 for the
Webster Community Center Project in Pontiac. The original grant award was for $425,000 (MR #21-
333) with a term of September 7, 2021 - September 7, 2023. Amendment #1 extended the term of
the grant one year, from September 7, 2023, to September 7, 2024. Amendment #2 would increase
the total amount of grant funding to $1,000,000 and extend the term of the grant from September 7,
2024, to December 31, 2025.
BUDGET AMENDMENT REQUIRED: Yes
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional
information.
CONTACT
Bradley Hansen, Business Development Representative Senior
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 2/7/2024
AGENDA DEADLINE: 02/07/2024 6:00 PM
ATTACHMENTS
1. ED_2021 Michigan EGLE Brownfield Redevelopment Amend_Sch. A
2. Grant Review Sign-Off
3. EGLE WEBSTER Pontiac Grant AMENDMENT COMBINED
COMMITTEE TRACKING
2024-01-31 Economic Development & Infrastructure - Forward to Finance
2024-01-31 Finance - Recommend to Board
2024-02-07 Full Board - Adopt
Motioned by: None
Seconded by: None
Yes: None (0)
No: None (0)
Abstain: None (0)
Absent: (0)
Oakland County, Michigan
ECONOMIC DEVELOPMENT - 2021 MICHIGAN ENVIRONMENT, GREAT LAKES AND ENERGY (EGLE) BROWNFIELD REDEVELOPMENT GRANT AMENDMENT
Schedule "A" DETAIL
R/E Fund Name Division Name Fund # (FND)
Cost Center
(CCN) #
Account #
(RC/SC)
Program #
(PRG)
Grant ID
(GRN) #
Project ID
(PROJ) #
Region
(REG)
Budget
Fund
Affiliate
(BFA)
Ledger Account
Summary Account Title
FY 2024
Amendment
FY 2025
Amendment
FY 2026
Amendment
R Oakland Brownfield Initiative Grants Economic Development FND11010 CCN1090201 RC615571 PRG174220 GRN-0001072 615000 State Operating Grants $575,000 $-$-
Total Revenues $575,000 $-$-
E Oakland Brownfield Initiative Grants Economic Development FND11010 CCN1090201 SC730373 PRG174220 GRN-0001072 730000 Contracted Services $575,000 $-$-
Total Expenditures $575,000 $-$-
GRANT REVIEW SIGN-OFF – Economic Development and Community Affairs AWD00076
GRANT NAME: State of Michigan Brownfield Redevelopment Program Environment, Great Lakes and Energy
Pontiac
FUNDING AGENCY: Michigan Department of Environment, Great Lakes, and Energy (EGLE)
DEPARTMENT CONTACT: Brad Hansen/248-858-8073
STATUS: Grant Amendment #2 (Greater than 15% of original award)
DATE: 01/22/2024
Please be advised that the captioned grant materials have completed internal grant review. Below are the returned
comments.
The Board of Commissioners’ liaison committee resolution and grant amendment package (which should include this
sign-off and the grant amendment with related documentation) may be requested to be placed on the agenda(s) of the
appropriate Board of Commissioners’ committee(s) for grant amendment by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved – Sheryl Johnson (01/16/2024)
Human Resources:
Approved by Human Resources. No position impact. – Heather Mason (01/12/2024)
Risk Management:
Approved. Grant allows the County to self-insure.– Robert Erlenbeck (01/16/2024)
Corporation Counsel:
Approved. – William DeBiasi (01/16/2024)
Page 1
EQP-5845 Rev. 4-22-2019
WEBSTER COMMUNITY CENTER PROJECT
AMENDMENT TO THE BROWNFIELD GRANT AGREEMENT
BETWEEN THE
MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY
AND
OAKLAND COUNTY
This Amendment modifies the grant agreement between the Michigan Department of
Environment, Great Lakes, and Energy, (hereafter “State”), and Oakland County (hereafter
“Grantee”), signed by the State on September 7, 2021, for the Webster Community Center
Project. This Amendment does not take effect until signed by both parties.
The revisions to the grant agreement are limited to those specified below. All other provisions
of the agreement remain in effect.
PROJECT SCOPE (WORK PLAN)
Investigation completed under the grant to date has identified the need for further investigations
and the design and installation of a vapor mitigation system. These additional due care activities
are now included with the scope of work for the project.
AGREEMENT PERIOD (END DATE)
The State and the Grantee agree to extend the end date of this Brownfield Redevelopment Grant
Agreement from September 7, 2024,to December 31, 2025. The Grantee will complete all
obligations under this agreement no later than the end date, as amended. Costs incurred after
the amended end date are not eligible for reimbursement under the grant agreement.
COMPENSATION (BUDGET)
The State and the Grantee agree to the budget modifications described below.
The project budget will be increased by $575,000 for due care activities, bringing the total grant
award to $1,000,000.
Tracking Code: 2021-2465
Location Code: 6H24
Amendment #:2
Page 2
EQP-5845 Rev. 4-22-2019
Budget Adjustment
Eligible Activity Original
Grant Budget
Amended
Grant Budget
1.Assessment and Investigation $16,500 $16,500
2. Due Care $51,500 $626,500
3.Environmental Response Activities $45,000 $45,000
4.Industrial Cleaning $65,000 $65,000
5. Demolition and Asbestos Abatement $178,000 $178,000
6. EGLE Sign $500 $500
7. EGLE Grant Closeout Report $2,500 $2,500
8. Third-party Environmental Oversight Professional $19,950 $19,950
9.Contingency $46,050 $46,050
Total $425,000 $1,000,000
Funding sources for this Grant Agreement include the following:
Funding Source $1,000,000 Renew Michigan Grant (RMG)
AUTHORIZED SIGNATURES
The individuals below certify by their signatures that they are authorized to sign this Grant
Amendment on behalf of their agencies and agree to the changes included herein. This
Amendment will go into effect upon signature of the State.
FOR THE GRANTEE:FOR THE STATE:
Authorized Signature Signature
Jeanne D. Broad Mike Neller
Name Name
Director, Oakland County Economic
Development
Director, Remediation and Redevelopment
Division
Title Title
Date Date
Page 1
EQP-5845 Rev. 4-22-2019
WEBSTER COMMUNITY CENTER
AMENDMENT TO THE BROWNFIELD GRANT AGREEMENT
BETWEEN THE
MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY
AND
OAKLAND COUNTY
This Amendment modifies the grant agreement between the Michigan Department of
Environment, Great Lakes, and Energy, (hereafter “State”), and Oakland County (hereafter
“Grantee”), signed by the State on September 7, 2021, for the Webster Community Center
Project. This Amendment does not take effect until signed by both parties.
The revisions to the grant agreement are limited to those specified below. All other provisions
of the agreement remain in effect.
AGREEMENT PERIOD (END DATE)
The State and the Grantee agree to extend the end date of this Brownfield Grant Agreement
from September 7, 2023, to September 7, 2024. The Grantee will complete all obligations under
this agreement no later than the end date, as amended. Costs incurred after the amended end
date are not eligible for reimbursement under the grant agreement.
AUTHORIZED SIGNATURES
The individuals below certify by their signatures that they are authorized to sign this Grant
Amendment on behalf of their agencies and agree to the changes included herein. This
Amendment will go into effect upon signature of the State.
FOR THE GRANTEE:FOR THE STATE:
Authorized Signature Signature
David Woodward Mike Neller
Name Name
Chairperson, Oakland County Board of
Commissioners
Director, Remediation and Redevelopment
Division
Title Title
Date Date
Tracking Code: 2021-2465
Location Code: 6H24
Amendment #: 1
2023-09-06 16:26:13 UTC
E-SIGNED by David Woodward
on 2023-09-06 16:26:13 EDT
2023-09-06 16:28:46 UTC
E-SIGNED by Mike Neller
on 2023-09-06 16:28:46 EDT
1
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
2
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.
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(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.
4
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
5
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.
6
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.
7
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
8
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.
9
(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.
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.
Page 2 of 3
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
Page 3 of 3
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.
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