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HomeMy WebLinkAboutResolutions - 2010.04.22 - 10008MISCELLANEOUS RESOLUTION #10072 April 22, 2010 BY: Planning and Building Committee. John Scott. Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES — OAKLAND COUNTY INTERNATIONAL AIRPORT — 2010 GRANT PROGRAM ACCEPTANCE — CONSTRUCTION OF TERMINAL BUILDING To the Oakland County Board of Commissioners Chairperson. Ladies and Gentlemen: WHEREAS the County of Oaklanci is in receipt of Michigan Department of Transportation Grant Contract No 2010-0188, Federal Project No. 0-26-0079-6410, for Federal funds in the amount of $200,000. and State funds in the amount of $5,263, for the development and improvement of Oakland County International Airport; anc WHEREAS the project consists of the construction of a terminal building at Oakland County International Airport; and WHEREAS the Micnigan Department of Transportation shall act as agent on behalf of the County in the administration of the Project: and WHEREAS the development project, as offered and approved by the Michigan Department of Transportation. requires a local grant match of $5,264, which is available from the airport fund; and WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the grant contract; and WHEREAS the attached contract has beer approved in accordance with the County Executive's review process: and WHEREAS no application was requested from Oakland County; therefore, the application provisions of M.R. #95098. do not apply. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant contract in an amount not to exceed $210,527, which includes a local grant match of $5,264, which is available from the airport fund. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant contract. Chairperson. on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING ANOBUI)LDING COMMITTEE PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll cal vote with Burns absent.. GRANT REVIEW SIGN OFF — Central Services/Aviation — Oakland County International Airport GRANT NAME: 2010 Construction of Terminal Buiidmg FUNDING AGENCY: Michigan Department of Transportation DEPARTMENT CONTACT PERSON: Karl Randall/Patricia ShuIP 248-666-3900 STATUS; Grant Acceptance DATE: March 29, 2010 Pursuant to Misc. Resolution 401320, please be advised the captioned grant materials have completed internal grant review. 13clow are the returned comments. The captioned graM materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the glint agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (3/2212010) Department of Huwan Resources: Approvcd. Cathy Shallal (3/24/2010) Risk Uanagernent and Safety: Approved by Risk Management. — Julie Secontiae (3126/2010) Corporation Counsel: There are no outstanding legal issues concerning the above grant. —Joellen Shortley Bla_szczak (3/26/20:0) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of these specifically cited compliance rolated documents for this grant. FAA Advisory circular 15415101)-14 http vv w N.N.faa.goviairports_airtrafticiairpprts/resouree,sladviso ry circularsimcdiall 50-5100- 141)/150 5100 14d.pdf Single Audit Act of 1984 (with amendments in 1996) ww.wilitehouse.gov/ombifinancialifin_single_anditka_ Federal Office of Management and Budget (OMB) Circular No. A-133.. This Circular sets forth standards for obtaining consistency and uniformity among Federal agencies for the audit of States, local governments, and non-profit organizations expending federal awards. w w hitch °use goviorrit?icircularsia I 3 '3/a133. hlitil Michigan — State Trunk Line iligbway System Act 51 of 1951 http:/(leis1ature.m i. mel-act-51-of-1951 Gala Piir From: VarPeit, Laurie [varipeltI©oakgov.corr] Sent: Mormay, March 22, 2010 2:15 PM To: 'Pift, Gala': 'Davis, Patricia; 'Secontine, Julie': 'Shalt Cathy' Cc: 'Foss, Eileen': 'Patricia Snull': 'Randall, Karl': 'Falardeau, Nancy' Subject: RE: Grant Review: Oakland County International Airport - 2010 Construction of Terminal Building - Grant Acceptance Approved: Original mcssage---- From: Piir, Gaia [mailto:piirg@oaikgov.com] Sent: Monday, March 22, 2010 1:35 PM To; 'VanPelt, Laurie'; 'Davis, Patricia'; 'Secontine, Shallal, Cathy Cc: 'Foss, Eileen'; 'Patricia Shull'; Karr; 'Falardeau, Nancy' Subject: Grant Review: Oa and County International Airport - 2010 Construction of Terminal Building - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt Cathy Shan'. —Julie Secontine— Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — [Central Services/Aviation - Oakland County international Airport] 120101 [Construction of Terminal Building] Michigan Department of Transportation Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: [March 31, 2010] GRANT INFORMATION Date: [March 22, 2010] Operating Department: [Central Services/Airports] Department Contact: [ Karl Randall/Patricia Shull ] Contact Phone: [ 248-666-3900 ] Document Identification Number: [ Contract No, 2010-0188] REVIEW STATUS: [Acceptance — Resolution Required] Funding Period: 36 months from date of award] New Faeilky / Additional Office Space Needs: [ N/A ] IT Resources (New Computer Hardware / Software Needs or Purchases): [None WWBE Requirements: Yes', Compliance with 49 CFR ; Part 26 Funding Continuation/New: [ New ] Application Total Project Amount: [$210,527] Prior Year Total Funding: [ N/A w 1:11n(11-41 PngiIions IZeo.iiest: F Now! 1 Changes to Current Positions: [None] Grantor Funds: [Federal Funds $200,000; State Funds $5,263] Total Budget: [ $210,527 ] Match and Source: [ Airport Fund (S5,264] 1,-///71110 Disadvantaged Business Enterprise Program (49 CFR, Part 26) http://frwebaate .access.gpo,provicai- binhvais pLate.egiTWAISdoc1D=627585231372+0+0+08t WaS_action=retTieve FAA "Terms and conditions of Accepting Airport Improvement Program Grants" klcsp://www.faki.aovIoirports airtraffieiairportsiregional guldancesouthern/aip/media/aip grant terms _planrUng.pdf Federal Civii Rights Act of 1964 htp i'yww.usdoj.gov/crt!cor/index.ht;n Reg,nlations of the United States Department of Transportation (49 CFR, Part 21) Irlp://www.access.q)o-guvAmrakfriwaisidx 04/49cfr2.1 State Contracts with certain employers prohibited (Act 278 of 1980) htta://www,legislature.mi, t:qiwILS(hoeiya45v3bbknisOitutizpa.k))/rnilev,.aspepage -:'attObjectckobjectl\:. arne—Inc1-Act-278-of-1980 National Labor Relations Act (29 USC 158) - section 8 of Chapter 372 htp://www.rTrb.gov/ahoutus/overview/iiationa1 _Iabor relations act.aspx Michigan — Antitrust Reform Act (Excerpt) Act 274 of 1984 (IVICL 445.771 - .788, excluding section 4a) .1,l1e171-i slag: re. mi. (,ov/doe. as-ox9rael -445-771 FAA "General Provisions for Construction of Airports" http://www.faa. v/airports_airtraffie/airports/constructionkonstruction standards/ Michigan Civil Rights Act (1976 P.A. 453) http:/iwwwIegis1ariire.rni.gov/(SIeavsv4bOrpdowv1 name—me1-Act-453-of-1976 Michigan Persons with Disabilities Civil Rights Act— "Act 220 of 1976" http://www ,i egislaturemi.gov/(uq31xge1tmri5.75d7 a ect&obi na m e —me1.-Act-220-of-1976&quervid=14718589 FAA Order 57003A "Waste Disposal Sites On or Near Airports" http It'isddc,dot.gov/OLPFil es.IF AA/012568 .pdf FAA Advisory Circular 150,15380-6 "Guidelines and Procedures for Maintenance of Airport Pavements" http://isdde.dot goy/0 LPFi les/FAA/005996.nd' EXHIBIT 1 OAKLAND COUNTY INTERNATIONAL AIRPORT PONTIAC, MICHIGAN i-oject No. 0-26-0079-6410 March 5, 2010 Federal State Local Total AnMINISTRATION $47 $12 $13 $506 DEPARTMENT-AERO $475 612 $13 6500 LAM so SO $O $0 JifilliliNn1111 $0 SO $0 MNSTRI JCTION $199 525 5 251 55.251 5210,027 Construct terminal building (demolition, foundation, & concrete flatwork) $198,575 $5.226 $5,226 $209,027 AERO - Construction $950 $25 $25 $1,000 INTINGENCIES SO SO $0 $0 Construction contingencies $0 SO SO $0 TOTAL PROJECT BUDGET $200,000 S5,263 $5,264 S210.527 MAC Transfer: 3/25/10 CONTRACT NO. 2010-0188 FEDERAL PROJECT NO. D.26-0079-64] 0 AGENDA: DAB MICHIGAN DEPARTMENT OF TRANSPORTATION COUNTY OF OAKLAND CONTRACT FOR A FEDERAL/STATE/LOCAL AIRPORT PROJECT UNDER THE BLOCK GRANT PROGRAM This Contract is made and entered into this date of b\: and betweer the Michigan Department of Transportation, hereinafter referred to as the -DEPARTMENT,- and Cou:i4 of Oakland, hereinafter referred to as the "SPONSOR," for the purpose of fixing the right!, and obligations of the parties in agreeing to the following undertaking at the Oakland County International Airport, whose associated city is Pontiac, Michigan, such undertaking hereinafter referred to as the "PROJECT," estimated in detail in Exhibit 1, dated March 2, 2010, attached hereto and made a part hereof, PROJECT DESCRIPTION: CONSTRUCTION OF TERMINAL BUILDING. WITNESSETH: WHEREAS, the PROJECT is eligible for federal funding pursuant to the Airport and Airway Improvement Act of 1982, as amended, and/or the Aviation Safety and Noise Abatement Act of 1979: and WHEREAS, the DEPARTMENT has received a block grant from the Federal Avid:ion Administration (FAA) for airport development projects; and WHEREAS, the DEPARTMENT is responsible for the allocation and management of block grant funds pursuant to the above noted act; NOW. THEREFORE, the parties agree: The term "PROJECT COST," as herein used, is defined in Attachment(s) I. attached hereto and made a part hereof. The PROJECT COST will also include administlative DPPARTIVITTN7T rnmIg.rlinn with thF. PPOTFCT A!!!rini ,17:!tivr C.C)M,S incurred by the SPONSOR are not eligible PROJECT COSTS. 3/16/20;0 1 PUBLIC BLOCK GRANT 2 v.iw THE SPONSOR WILL: Enter into a contract with a consultant for each element of the PROJECT that requires expertise. The consultant will be selected in conformity with FAA Advisory Circular 150/5100-14, The DEPARTMENT will select the consultant for each element of the PROJECT involving preparation of environmental documentation. The SPONSOR will select the consultant for all other aspects of the PROJECT. All consultant contracts will be submitted to the DEPARTMENT for review and approval. Any such approvals will not be construed as a warranty of the consultant's qualifications, professional standing. ability to perform the work being subcontracted, or financial integrity. The SPONSOR will neither award a consultant contract nor authorize the consultant to proceed prior to receiving written approval of the contract from the DEPARTMENT. Any change to the consultant contract will require prior written approval from the DEPARTMENT. In the event that the consultant contract is terminated, the SPONSOR will give immediate written notice to the DEPARTMENT. Mak.e payment to the DEPARTMENT for the SPONSOR's share of the PROJECT COSTS within thirty (301 days of the billing date. The DEPARTMENT will not make payments for any PROJECT work prior to receipt of payment from the SPONSOR for the SPONSOR's share of that item of the PROJECT work. Eigible PROJECT COSTS that are paid by the SPONSOR may be submitted for credit toward the SPONSOR's share of the PROJECT COST provided that they are subn -L:ted within one hundred eighty (180) days of the date the costs were incurred or within one hundred eighty (180) days of the date of award of this Contract by the parties, whichever is later. Documentation of the PROJECT COST will include copies of the invoices on which the SPONSOR will write, the amounts paid, the check numbers, the voucher numbers, and the dates of the checks. Each invoice will be signed by an official of the SPONSOR as proof of payment. The amount of the SPONSOR billing will be reduced by the amour.: of the eligible credit, based on documentation submitted, provided it is submitted prior to the date of the billing. Should it be determined that the SPONSOR has been given credit for payment of ineligible items of work, the SPONSOR wifl be an amount to insure that the SPONSOR share of PROJECT COSTS is covered. The SPONSOR pledges sufficient funds to meet its obligations under this Contract. With regard to audits and record-keeping, a. The SPONSOR will establish and maintain accurate records, in accordance with generally accepted accounting principles, of all expenses incurred for winch payment is sought or made under this Contract, said records to be hereinafter referred to as the "RECORDS." Separate accounts will be estaKshed and maintained for all costs incurred tinder this Contract. 1* 3/16/2010 2 PUBLIC BLOCK GRANT 2 viw Audit and Inspection. The SPONSOR will comply with the Single Audit Act of 1984, as amended, including, but not limited to, he Single Audit Amendments of 1996 (31 U.S.C. 7501-7507) the OMB Circular A-133, as revised or amended, and the provisions of 1951 PA 51; MCL 247.660h; MSA 9.1097J 0i), as applicable, that is in effect at the time of Contract award with regard to audits. Agencies expending a otai of Five Hundred Thousand Dollars ($500,000.00) or more in federal funds from one or more funding sources in their fiscal year will comply with the requirements of the federal Office of Management and Budget (OMB) Cii•eolar A-133. as revised or amended. The SPONSOR will submit two (2) copies of: The Reporting Package The Data Collecton Package The management letter to the SPONSOR, if one issued by the audit firm The OMB Circular A-133 audit must be submitted to the address below in accordance with the time frame established in the circular, as revised or amended. Agencies expending less than Five Hundred Thousand 1)ollars ($500,000.00) in federal funds must submit a letter to the DEPARTMENT advising that a circular audit was not required. The letter will indicate the applicable fiscal year, the amount of federal funds spent, the name(s) of the DEPARTMENT federal programs, and the CFDA grant number(s). This information must also be submitted to the address below. Address: Michigan Department of Transportation Multi-Modal Transportation Services Bureau (Aeronautics) 2700 East Airport Service Drive Capital City Airport Lansing, MI 48906-2060 iv. Agencies must also comply with applicable state laws and regulations reiw.ive to audit requirements. v. Agencies will not charge audit costs to the DEPARTMENT'S federal programs that are not in accordance with the aforementioned OMB Circular A-133 requirements. vi. All agencies are subject to the federally-required monitoring :!nri rtthpr (,:n-ci!t% Innniirtvirp_t . . . . . . - . 3/16/2010 3 PUBLIC. BLOCK GRANT 2 yiw vii. The federal award associated with this Contract is CFDA Airport Improvement Program number 20.106, Federal Project Number D-26- 0079-6410, award year 2010, Federal Aviation Administraton, Department of Transportation., c. The SPONSOR will maintain the RECORDS for at least six (6) years from the date of final payment made by the DEPARTMENT under this Contract. In the event of a dispute with regard to allowable expenses or any other Issue under this Contract, the SPONSOR will thereafter continue to maintain the RECORDS nt least until that dispute has been finally decided and the time for cliavada -rlk challenges or appeals of that decision has expired. d. The DEPARTMENT or its representative may inspect, copy, or acdit the. RECORDS at any reasonable time after giving reasonable notice. e. If any part of the work is subcontracted. the SPONSOR will assure compliance with subseetons (a). (b), (c). and (d) above for all subcontracted work. Provide and will require its subcontractors to provide access by the DEPARTMENT or its representatives to all technical data, accounting records, reports, and documents pertaining to this Contract. Copies of technical data, reports, and other documents will be. provided by the SPONSOR or its subcontractors to the DEPARTMENT upon request, The SPONSOR agrees to permit representatives of the DEPARTMENT to inspect the proress of ad PROJECT work at any reasonable time. Such inspections are for the exclusive use of the DEPARTMENT and are not intended to relieve or negate any of the SPONSOR'S obligations and duties contained in this Contract. All technical data, reports, and documents will be maintained for a period of six (6) years from the date of final payment. 6. The SPONSOR agrees to require all prime contractors to pay each subcontractor for the satisfactory compleOn of work associated with the subcontract no later than ten ( calendar days from the receipt of each payment the prime contractor receives from tie DEPARTMENT 01 SPONSOR, The prime contractor also is requireci to retem retainage payments to each subcontractor within ten (10) calendar days after the subcontractor's work is ,Atisfactorily competed. Any delay or postponement of payment from these time frames may occur only upon receipt of written approval from the DEPARTMENT. These requirements are also applicable to all sub-tier subcontractors and will be made a part of all subcontract agreements. This prompt payment provision Is a requirement of 49 CFR, Part 26, as amended, and does not confer third-party beneficiary right or other direct right to a subcontractor against the DEPARTMENT. This provision applies to both Disadvantaged Business Enterprise (DBE) and. non-DBE subcontractors. Th. =.-.;poNF.op, w ip, f—Pp P!irt ".1 1:! fir!fl will report any and all DBE subcontractor payments to the DEPARTMENT 3/16/2010 4 PUBLIC BLOCK GRANT 2 Ow annually in the format set forth in Appendix 0, dated June 1, 2001, attached hereto and made a par: hereof, or any ()ter format acceptable to the DEPARTMENT. In the performance, of the PROJECT herein enumerated, by itself, by a subcontracto:, or by anyone acting on its behalf, comply with any and all state. federal, and local applicable statutes, ordinances, and regulations. The SPONSOR further agrees to obtain all permits that arc applicable to the entry into and the performance of th:s Contract. The SPONSOR agrees to comply with the Special Conditions set forth n) Appendix F. attached hereto and made a part hereof. In addition : the SPONSOR agrees to accomplish the project in compliance with the FAA "Terms and Conditions of Accepting Airport Improvement Program Grants - signed on May 25, 2006. THE DEPARTMENT WILL: 8. Bill the SPONSOR for the SPONSOR's share of the estimated PROJECT COST. The DEPARTMENT will bill the SPONSOR for the SPONSOR's share of additional estimated PROJECT COSTS for changes approved in accordance with Section 14 at the time of award of the amendment for approved work. Upon receipt of payment request approved by the SPONSOR, make payment for eligible PROJECT COSTS. The DEPARTMENT will seek reimbursement from the FAA through the block grant issued to the DEPARTMENT for funds expended on eligible PROJECT COSTS. The DEPARTMENT will not make payments for any PROJECT work prior to receipt of payment from the SPONSOR for the SPONSOR's share of that item of PROJECT work. 10. Make final accounting to the SPONSOR upon completion of the PROJECT. payment of all PROJECT COSTS, and completion of necessary aud:ts. Any excesses or deficiencies will be returned or billed to the SPONSOR. IT IS FURTHER AGREED: 11. The PROJECT COST participation is estimated to be as shown below and as in the attached Exhibit l, Exhibit I is to be considered an estimate. The actual DEPARTMENT, FAA, and SPONSOR shares of the PROJECT COST will be determined at the time of financial closure of the FAA grant. PUBLIC BLOCK GRANT 2 v/vi' 3/1612010 Federal Share S200,000.00 Maximum DEPARTMENT Share 55.263,00 SPONSOR Share $5 264 00 Estimated PROJECT COST $210,527.00 12_ The PROJECT COST will be met. in part with federal funds granted to the DEPARTMENT by the FAA through the block grant program and in par: with DEPARTMENT funds. Upon final settlement of cos:, the federal funds will be applied to the federally-funded parts of this Contract at a rate not to exceed ninety-five percent (959) up to and not to exceed the maximum federal obligations shown in Section 11 or as revised in a budget letter. as sot forth in Section 14. Those parts beyond the federal funding maximum may be. eligible for state funds at a rate not to exceed ninety percent (907) up to and not to exceed the maximum DEPARTMENT obligation shown in Section 11. For portions of the PROJECT where only DEPARTMENT and SPONSOR funds will be. applied to the final settlement, DEPARTMENT funds will be at a rate not to exceed ninety percent (90%). and the total DEPARTMENT funds applied toward the PROJECT COST may be up to but will not exceed the maximum DEPARTMENT obligations shown in Section 11 or as revised in a budget letter, as set forth in Section :4. Any items of PROJECT COST not funded by FAA or DEPARTMENT funds will be the sole responsibility of the SPONSOR.. DEPARTMENT funds in this Contract made available through logisiative appropriation are based on projected revenue estimates. The DEPARTMENT may reduce the amount of this Contract if the revenue actually received is insufficient to support the appropriation under which this Contract is made. The SPONSOR agrees that the. costs reported to the DEPARTMENT for this Contract wjll represent only those items that are properly chargeable in accordance with this Contract. The SPONSOR also certifies that it has read the Contract terms and has made itself aware of the applicable laws, regulations, and terms of this Contract that apply to the reporting of costs ineur7ed under the terms of this Contract. 4. The PROJECT COST shown in Section 11 is the maximum obligation of DEPARTMENT and federal funds under this Contract. The maximum obligation of DEPARTMENT and federal funds may be adjusted to an amount less than the maximums shown in Section 11 through a budget letter issued by the DEPARTMENT: A budget letter will be used when updated cost estimates for the PROJECT reficc.t a change in the amount of funds needed to fund all PROJECT COSTS. The budget letter will be signed by the Administrator of Airpois Division of the Multi-Modal Transportation Services Bureau (Aeronautics). 11•411 n 1 oo• P!C-) IrrrT deCriPtiOn. brovided (hat the nos :s do not exceed the maxinurn obligaLons of Section 3/16/2010 6 PUBLIC BLOCK GRANT 2 11' 11. If the total amount of the PROJECT COST exceeds the maximum obligations shown in Section 11, the PROJECT scope will have to be reduced or a written amendment to this Contract to provide additional funds will have to be awarded by the parties before the work is started. 15. In the event it is determined by the DEPARTMENT that there will he either insufficient funds or insufficient time to properly administer such funds fot the entire PROJECT or portions thereof. the DEPARTMENT, prior to advertising or authorizing work performance, may cancel the PROJECT or any portion thereof by giving written notice to the SPONSOR. In the event this occurs, this Contract wi:1 he void and of no effect with respect to the canceled portion of the PROJECT. Any SPONSOR deposits on the canceled portion less PROJECT COST incurred on the canceled portions will be refunded following receipt of a letter from the SPONSOR requesting excess funds be returned or at the time of financial closure, whichever comes first. 16. In the event that an audit performed by or on behalf of the DEPARTMENT indicates an adjustment to the costs reported under this Contract or questions the allowabiltty of an item of expense, the DEPARTMENT will promptly submit to the SPONSOR a Notice of Audit Results and a copy of the audit report, which may supplement or modify any tentative findings verbally communicated to the SPONSOR at the completion of an audit. Within sixty .(60) days after the date of the Notice of Audit Results, the SPONSOR will tal respond in writing to the responsible Bureau of the DEPARTMENT indicating whether or not it concurs with the audit report, (b) clearly explain the nature and basis fur any disagreement as to a disallowed item of expense, and (c) submit to the DEPARTMENT a written explanation as to any questioned or no opinion expressed item of expense, hereinafter referred to as the "RESPONSE." The RESPONSE will he clearly stated and will provide. any supporting documentation necessary to resolve any disagreement or questioned or no opinion expressed item of expense. Where the. documentation is voluminous, the SPONSOR may supply appropriate excerpts and make alternate arrangements to conveniently and reasonably make that documentation available for review by the DEPARTMENT. The RESPONSE will refer to and apply the. language of the Contract. The SPONSOR agrees that failure to submit a RESPONSE within the sixty (60) day period constitutes agreement with any disallowance of an item of expense and authorizes the DEPARTMENT to finally disallow any items of questioned or no opinion expressed cost. The DEPARTMENT will make its decision with regard to any Notice of Audit Results arid RESPONSE within one hundred twenty (120) days after the date of the Notice uf Audit Results. If the DEPARTMENT determines that an overpayment has been made to the SPONSOR. the SPONSOR will repay that amount to the DEPARTMENT or reach agreement with the DEPARTMENT on a repayment schedule within thirty (30) days after the date of an invoice from the DEPARTMENT. If the SPONSOR fails to repay the overpayment or reach agreement with the DEPARTMENT on a repayment schedule „ o!;,-tv /10., ci;„): thc c2po!,.:solz tt,at ps.rf deduct all or a portion of the overpayment from any funds then or thereafter payable by 3/16/2010 7 PUBLIC BLOCK GRANT 2 v/y., the DEPARTMENT to the SPONSOR under this Contract or any other agreement or payable to the SPONSOR under the terms of 1951 PA 51, as applicable. Interest will be assessed on any partial payments or repayment schedules based on the unpaid balance at the end of each month until the balance is paid in fill. The assessment of interest will begin thirty (30) days from the date of the invoice. The rate. of interest will be htscd on the Michigan Department of Treasury common cash funds interest earnings. "[Me rate of interest will be reviewed annually by the DEPARTMENT and adjusted as necessary based on the Michigan Department of Treasury common cash funds interest earnings. The SPONSOR expressly consents to this withholding or offsetting of funds under those circumstances, reserving the right to file a lawsuit in the Court of Claims to contest the DEPARTMENT's decision only as to any item of expense. the disallowance of which V,--LI$ disputed by the SPONSOR in a timely filed RESPONSE. This Contract will be in effect from the date of award throurh twenty (20) years 18. Failure on the. part of the SPONSOR to comply with any of the conditions in this Contract may be considered cause for placing the SPONSOR in a state of noncomphance, :hereby making the SPONSOR ineligible for future federal and/or state funds uniil such time as the noncompliance issues are resolved, In addition, this failure may constitute grounds for cancellation of the PROJECT and/or repayment of all grant amoun ts on a pro rata basis, if the PROJECT has begun. In this Section, pro rata means proration of the cost of the PROJECT over twenty (20) years, if the PROJECT has not yet begun. 19. Any approvals. acceptances, reviews, and inspections of any nature by the DEPARTMENT will not be construed as a warranty or assumption of liability on the part of the DEPARTMENT. It is expressly understood and agreed that any such approvals. acceptances, reviews, and inspections are for the sole and exclusive purposes or the DEPARTMENT, which is acting in a governmental capacity under this Contract, and that such approvals, acceptances, reviews, and inspections are a governmental function incidental to the PROJECT under this Contract. Any approvals, acceptances, reviews, and inspections by the DEPARTMENT will not relieve the SPONSOR of its obligations hereunder, nor are such approvals. acceptances. reviews, and inspections by the DEPARTMENT to be construed as a warranty as to the propriety of the SPONSOR's performance, but are undertaken for the sole use and inibrinat:on of the DEPARTMENT. 20. Jr. connection with the performance of PROJECT work under this Contract, the parties (hereinafter in Appendix A referred to as the "contractor") agree to comply with the State of Michigan provisions for "Prohibition of Discrimination in State Contracts," as set forth in Appendix A, attached hereto and made a part hereof. The narties further covenant that they will comply with the Civil Rights Act of 1964. being P.L. 88-352, 78 Stat. 241, and the Regulations of the United States Department of Transportation (.49 CFR. Part 2 ) issued pursuant to said Act, including Appendix B, attached hereio and made a part hoi-co f, an d will r.Nu ire 00y.?nnntr., thp. r,Drt nf r,nnirrirqor or !ihrontr-le•Ior employed in the performance of this Contract. 3/1b/2D10 8 PUBLIC BLOCK GRANT 2 1: The SPONSOR will carry out the applicable requirements of the DEPARTMENT'S Disadvantaged Business Enterprise (DBE) program and 49 CFR Part 26, includin2, but not limited to, those requirements set forth in Appendix C, dated October 1, 2(05, attached hereto and made a part hereof. 21. 11 accordance with 1980 PA 278; Ma. 423.321 et s_q; MSA 17.4*22). et sq:, the SPONSOR, in the performance of this Contract, will not enter into a contract with a subcontractor, manufacturer, or supplier listed in the register maintained by the United States Department of Labor of employers who have been found in contempt of court by a federal court of appeals on not less than three (3) separate occasions involving different violations durmg the preceding seven (7) years for failure to correct an unfair labor practice, as prohibited by Section 8 of Chapter 372 of the national Labor Relations Act, 29 USC 158 The DEPARTMENT may void this Contract if tie name of the SPONSOR Of the name of a subcontractor, manufacturer, or supplier utilized by the SPONSOR in the performance of this Contract subsequently appears in the register during the performance period of this Contract. With regard to claims based on goods or services that were used to meet thc SPONSOR's obligation to the DEPARTMENT under this Contract, the SPONSOR hereby irrevocably assigns its right to pursue any claims for relief or causes of action for damages sustained by the State of Michigan or the DEPARTMENT due to any violation of 15 USC, Sections 1 :5, and/or 1984 PA 274, MCL 445.771 - .788, excluding Section 4a, to the State of Miehigan or the DEPARTMENT. The SPONSOR shall require any subcontractors to irrevocably assign their rights to pursue any claims for relief or causes of action for damages sustained by the State of Michigan or the DEPARTMENT with regard to claims based on goods or services that were used to meet the SPONSOR's obligation to the DEPARTMENT under this Contract due to any violation of 15 USC, Sections 1 - 15, and/or 1984 PA 274, MCL 445.771 - .788, excluding Section 4a, to the State of Michigan or the DEPARTMENT as a third- party beneficiary. The SPONSOR shall notify the DEPARTMENT if it becomes aware that an antitrust violation with regard to claims based on goods or services that were used to meet the SPONSOR's obligation to the DEPARTMENT under this Contract may have occurred or is threatened to occur. The SPONSOR shall also notify the DEPARTMENT if it be.corneF. aware of any person's intent to commence, or of commencement of, an antitrust action with regard to claims based on goods or services that were used to meet the SPONSOR' s obligation to the DEPARTMENT under this Contract. 23. In any instance of dispute and/or litigation concerning the PROJECT. the resolution there.of will be the sole responsibility of the party/parties to the contract that is/are the subject of the controversy. It is understood and agreed that any legal representation of di ,:nute ,nrtior the. fin ,,nrill 1:2!:r ,I::!;tv of SPONSOR. '? 7 3/16/20:0 9 PUBLIC BLOCK GRANT 2 Ow 24. The DEPARTMENT and the FAA will not be subject to any obligations or liabil.ties ny contractors of the SPONSOR or their subcontractors or any other person not a party to this Contract without its specific consent and notwithstanding its concurrence in or approval of the award of any contract or subcontract or the solicitation thereof. Each party to this Contract will remain responsible for any claims arising out of that party's performance of this Contract as provided by this Contract or by law. This Contract is no: intended to increase or decrease either party's liability for or lllmiunity trom tort claims. This Contract is not intended to nor will it be interpreted as giving either party a right of indemnification, either by Contract or at law, for claims arising out of the performance of this Contract. 26. In case of any discrepancies between the body of this Contract and any exhibit hereto, the body of the Contract will govern. 3116/20 0 10 PUBLIC BLOCK GRANT 2 viw This Contract become binding on the parties and of full force and effect upon signing by the duly authorized representatives of the SPONSOR and the DEPARTMENT and upon adoption of-. a resolution approving said Contract and authorizing the signature(s) thereto of the respective representative(s) of the SPONSOR, a certified copy of which resolution will be sent to the DEPARTMENT with this Contract, as applicable. IN WITNESS WHEREOF, We parties have caused this Contract to be awarded. COUNTY OF OAKLAND By: Tit.e: MICHIGAN DEPARTMENT OF TRANSPORTATION By: Title: Department Director •17 3/16/2010 11 PUBLIC BLOCK GRANT 2 viw ATTACHMENT 1 SUPPLEMENTAL PROVISIONS FOR FEDERAL/STATE/LOCAL CONTRACTS INVOLVING CONSTRUCTION WORK AT ALL CLASSIFICATIONS OF AIRPORTS The tern PROJECT COST shall include the cost of the physical construction necessary for the completion of the PROJECT, including the costs Of preliminary, design and conqrtycjon engineering and supervision, environmental studies and reports, iirpori layout plan updates relating to the PROJECT and the cost of advertising for and receiving bids. The DEPARTMENT is authorized by the SPONSOR pursuant to this contract to adverist and to award the contract for the construction work in the name of the SPONSOR in accordance with the following: a. Prequalification of bidders shall be determined by the DEPARTMENT in accordance with the "Administrative Rules Governing the Prequal:fication of Bidders for Highway and Transportation Construction Work". ft Prior to advertising the construc:ion work for receipt of b:ds, the SPONSOR may delete any portion or all of the PROJECT work. c. It' after receipt of bids for the construction work, the SPONSOR gives notice circumstances which affect its ability to proceed, the DEPARTMENT, on behalf of the SPONSOR and with the concurrence of the FAA, if required, shall reject the bids. d. In the event of the rejection of all bids, any costs incurred by the DEPARTMENT shah be deemed to be PROJECT COST, e. Upon receipt of bids, the DEPARTMENT, on behalf of the SPONSOR, will select the most responsive bid in accordance with the DEPARTMENT'.. applicable "General Provisions for Construction of Airports". The DEPARTMENT will then prepare a "Recommendation to Award" and submit it to the FAA and the. SPONSOR. The. DEPARTMENT will forward the contract documents to the contractor and then the SPONSOR for execution. f. The DEPARTMENT is authorized to receive, hold, and return proposal guarantees on behalf of and in the name of the SPONSOR nursuarit to the :- requirements enumerated in the DEPARTMENT's applicable "General Provkionc. for Consiriwtion of Airports". t. In the event of the forfeiture of a proposal guaranty, in accordance with the DEPARTMENT s applicable "General Provisions for Construction of Airports", anJ upon A 1-.:gLiCSI WE: SPONSOR th,; forward to the SPONSOR the forfeited proposal guaranty. 1 of h. The DEPARTMENT is authorized to receive performance and lien bonds and certificates of insurance on behalf of and in the name of the SPONSOR pursuant to We requirements enumerated in the DEPARTMENT'S applicable -General PrOviSiOrtS for Construction of Airports -. The SPONSOR, upon presentation of the contract docurnems.. hy the DEPARTMENT, and subject to the possible implementation of the exceptions provided in paragraph b & c, above, will execute and return the appropriate documents on or before a date to be set by the DEPARTMENT in accordance. with the DEPARTMENT'S applicable "General Provisions for Construction of Airports." Upon l-ece:pt of the executed contract documents from the SPONSOR, the DEPARTMENT will award the contract. 3, The DEPARTMENT is authorized by (he SPONSOR, pursuant to this Contract, to approve subcontracts, between the prime contractor and the subcontractor, on behalf of the SPONSOR. Any such approvals shall not be construed as a warranty of the subcont-actor.s qualifications, professional standing, ability to perform the work being subcontracted, Or financial integrity. 4. Should termination of a construction contract, pursuant to Section 80-09 of the DEPARTMENT's applicable "General Provisions for Construction of Airports'. occur, the DEPARTMENT shah be given immediate written notice by the SPONSOR. Any changes to the PROJECT plans and specifications made after receipt of bids requires prior written approval of the DEPARTMENT and the FAA. The SPONSOR or their representatives may request such changes by initiating a change order to the construction contract in accordance with the "General Provisions for Construction of Airpoits" and the DEPARTMENT's "Project Engineers Manual' for airport construction. Any clini:ge ortiers determined to be significant by the DEPARTMENT shall tequi:e prior wri:te» amendment to this Contract. In the event that during the course of PROJECT construction, it becomes necessary to exceed estimated quantities of materials or labor, and it is not reasonable to obtain prior consent from the DEPARTMENT without interrupting an ongoing construction ;.ictivity, the SPONSOR ..s on-site supervisor may approve such overruns and the DEPARTMENT ma)/ share in the costs of such overruns only if all of the following conditions are inet: a. The construction, including such overruns, remains in conformity with the PROJECT plans and specifications as revised. Such overruns do not exceed ten percent (10%) of that category within the PPCM-:17 nknt; if inon ;p:; rovic.ort 2 of 4 The SPONSOR or their representative immediately notify the DEPARTMENT of such overruns and the estimated cost thereof. c. That such on-site approval is necessary for the continuity in construction and :hat obtaining approval prior to proceeding would cause a material interruption in the PROJECT resulting in a significant increase in costs. 0. Any work or material that is determined by the DEPARTMENT not to be in conforrn with the plans, specifications, and contract documents, will be ineligible for rembursement with federal and state participating funds, or will be subrect to a price adjustment approved by the DEPARTMENT and the FAA, 7. Upon completlon of the work in each construction contract and the acceptance thereof by the SPONSOR, the SPONSOR or their designated representative shall give immediate written no:ice to the DEPARTMENT. The SPONSOR. hereby agrees that it will maintain said Airport hi full operating coneition or, a year round basis for a period of twenty f20) years in accordance with general wilily licensing requirements set forth by the Michigan Aeronautics Commission rules and regulations. During this period, the Airport shall not be abandoned or permanently closed without the express written permission of the DEPARTMENT. In addi:ion to the requirements of paragraph 8 of these supplemental provisions.. and nor in lieu thereof, should the SPONSOR desire to abandon. close, sell or otherwise L;IVt'i itseii of the airport or any portion thereof, the SPONSOR agrees to also provide, to the DEPARTMENT a prior written notice of any such intent giving the DEPARTMENT, tor a period of one hundred eighty (180) days after receipt of such notice a first right to purchase at fair market value the. airport and all facilities thereon. Fair market value shall be determined by an independent appraisal of such properties. The notice of intent and first right to purchase shall be provided via registered or ceit&cd mail. return receipt, postage prepaid, addressed to :he Depiny Director of the Multi- Modal Transportation Services Bureau (Aeronautics), Michigan Deprmmein of Trunsportation. 10. Mc SPONSOR will Operate and maintain in a safe and serviceable condir ion the Airport and all facilities thereon and connected therewith which are necessary to serve the aeronautical users of the Airport other than facilities owned or controlled by the United States in the State of Michigan, and will not permit any activity thereon which would interfere with its use for airport purposes; provided that nothing herein shall be construed as reduiring the maintenance, repair, yes:oration, or replacement of any structure or facility whir.711 is substantially damaged or destroyed due to any act of God or other condition or circumstances beyond the control of the SPONSOR 30f 4 11. The SPONSOR will, either by the acquisition and retention of easements or other nterests in or rights fo.,- the use of land or airspace, or by the adoption and enforcement of zwnrir regulations, prevent the construction, erection, aheration or growth of any structure, tree or other object in the approach areas of the runways of the Airport, which would constitute an obstruction to air navigation according to the criteria or standards prescribed in FAA Advisory Circulars, For a period of twenty (20) years, the SPONSOR ‘vill make the airport available, as an aiTort, for public ...Ise, to all types, kinds and classes of aeronautical use on fair and reasonable terms anc.'+ without unjust dis:,.rimination. Rates charged to aeronautical users will be determined on the basis of the cos.to the SPONSOR of providing. the facility. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airpor is granted to any person, firm, or corporation to conduct or engage in an approved non-aeronautical activity, the SPONSOR wi:f charge fair market value for the ri2ht to conduct such activity. During this period, all revenues generated by the airport, for either aeronautical or non-aeronautical activities, will be. expended for the capital or operating costs of the airport.; the local airport system; or other local facilities, which are owned or operLned by the SPONSOR and directly and substantially related :0 the actual air iranspoi-tation of passengers or property. 4 of 4 APPENDIX A PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS In connection with the performance of work under this contract; the contractor agrees as follows: In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees not to 6serimittate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, Or as a matter dixctly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, or manta) status. Further, in accordance with Act No. 220, Public Acts of ':976 as amended by Act No, 478, Public Acts of 1980 the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect to nire, tenure, terms, conditions, or privileges of employment, or a matter directl or nidircetly related to employment, because or a disability that is unrelated to the individual's ability to perform the duties of a particular job or position. A breach o the above covenants shall be regarded as a material breach of this contract. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in this contract is to be performed, shall contain a covenant the same as hereinabove set forth in Section 1 of this Appendix. 3, The contractor will take affirmative action to insure that applicants for employment and employees are treated without regard to their race, color, religion, national ongi. age, sex, height, weight, marital status or a disability that is unrelated to the individual's ability to perform the duties of a particular job or position. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor will, in all solicitations or advertisements for employees placed by or on behalf or The contractor, state that all qualified applicants will receive consideration for employment without, regard to race, color, religion, national origin, age, sex, height, wei,dt, marital status or disability that is unrelated to the individual's ability to perform the duties of a particular job or position. 5. The contractor or his collective bargaining representative will send to each labor Union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a nOtice advising the said labor union or workers' representative of the contractor' s commjtments under this appendix. The contractor will comfy with all relevant published rules, regulations, directves, and orders of the Michigan Civil Rights Commission which may' be in effect prior to the taking of bids for any individual state project. 7. The contractor will furnish and file compliance reports within such time and upon. such forms as provided by the Michigan Civil Rights Commission, said forms may also elicit information s to the practices, policies. program, and employment statistics of each subcontractor as well as the contractor himself, and said contractor will permit access to his books, records, and accounts by the Michigan Civil Rights Commission and/or its agent, for purposes of investigation TO ascertain compliance with this contract and rele.vant with rules, regulations, and orders of the Michigan Civii Rights Commission. 8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has not complied with the contractual obligations under ink .tgreement, the Civil Rights Commission may, as part of its order based upon such findings, certify said findings to the Administrative Board of the State of Michigan, which Administrative Board may order the cancellation of the contract found to have been violated and/or declare the contractor ineligible for future contracts with the state and its political and civil subdivisions, departments, and officers, and including the governing boards of institutions of higher education, until the contractor eomp:ies with said order of the Civil Rights Commission. Notice of said declaration of i -uture inel;gibility may be given to any or all of the persons with whom the contractor is declared inciigibie to contract as a contracting party in future contracts, in any case before the Civil Rights Commission in which cancellation of an existing contract is a possibility, the contracting agency shall be notified of such possible remedy and shall be given the option by the Civil Rights Commission to participate in such proceedings. The contractor will include, or incorporate by reference, the provisions of The foregoing parao-apii. (.1) through (8) in every subcontract or purchase order unless exempted by We rules, regulations or orders of the Michigan Civil Rights Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each subcontractor or seller. March 1998 3, Appendix B (A eronatrths) CIVIL RIGHTS ACT OF 1964, TITLE VI -49 CFR PART 21 CONTRACTUAL REQUIREMENTS During the performance of this contract, the contractor, for itself, its assignees and successors in interes: (hereinafter referred to as the "contractor") agrees as follows: . Compliance with Regulations. The contractor will comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race,, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discriminaton prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. Solicitation for Subcontracts, Including Procurement of Materials and Equipment in all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurement of materials of leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national Information and Reports. The contractor will provide all information and reports required by the Regulations or directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as Play be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor will so certify to the sponsor of the FAA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the_ sponsor will impose such contract sant:Loris as it or the FAA may deteunine to be appropriate, inclucliig, L ,ut 110', iiinit.C6 In. 1 of 2 a. Withholding of payments to the contractor under the contract until Inc contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in pan. 6. IncorporaOn of PI.ovisions. The contractor will include the provisions of paragraphs 1 through 5 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directive issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction. the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 2 of 2 (Revised October 1, 2005) APPENDIX C Assurances that Recipients and Contractors Must Make (Excerpts from US DOT Regulation 49 CFR § 26.13) A. Each financial assistance agreement signed with a DOT operating administration (or a primary recipient) must include the following assurance: The recpient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any US DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The recipient shall take all necessary and reasonable steps under 49 CFR. Part 26 to ensure nondiscrimination in tne award and administration of US DOT-assisted contracts. The recipient's DBE prograin, as required by 49 CFR Part 26 and as approved by US DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be. treated as a violation of this nreement. Upon noti:'ication to the recipient of its failure to carry out its approved program, the department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refei . the matter for enTbrcement under 18 U.S.C. 1001 andioLthp,Yrogram Fraud Civil Remedies Act of 1986 (3: U.S.C. 3801 et seq.). B. Each contract MI OT signs with a contractor (and each subcontract the. prme contractor signs with a subcontractor) must include the following assurance: The contractor, subrecipient or subcontractor shall not discriminate on the. basis of race, color, national origin, or sex in the performance of this contract. The contrac:or shar curry out applicable requirements of 49 CFR Part 26 in the award and administration of US DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this comract or such other' remedy as the recipient deems appropriate. Airpo7t Name: Associated City: Proieet No: Oakland County International Airport Pontiac, Michigan I) 26-0079-6410 APPENDIX F SPECIAL CONDITIONS RUNWAY PROTECTION ZONES The Sponsor agrees to take Inc following actions to maintain and/or acquire a property interest, satisfactory to the FAA, in the Runway Protect ion Zones: a. Existing Fee Title Interest in the Runway Protection Zone. The Sponsor agrees to prevent the erection or creation of any structure or place of public assemb:y in the Runway Protection Zone, as depicted on the Exhibit "A" Property Map, except for navaids that are fixed by their functional purposes or any other structure approved by the FAA. Any existing structures or uses within the Runway Protection Zone will be cleared or discontinued unless approved by the FAA. b. Existin Easement. Interest in the Runway Protection Zone. The Sponsor agrees to take any and all steps necessary to ensure that the owner of the land within the designated Runway Protection Zone will not build any structure in the Runway Protection Zone that is a hazard to ai7 . navigation or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, smoke genc,Tating activities, or places of public assembly, such as churches, schools, office buildings, shopping centers, and stadiums, AIR AND WATER QUALITY. Approval of the project included in this agreement is conditioned on the Sponsor's compliance with applicable air and water quality standards in accomplishing project construction and in operating the airport. Failure to comply with this requirement may result in suspension, cancellation, or termination of federal assistance under this agreement. BUY AMERICAN REQUIREMENT. Unless otherwise approved by the FAA, the Sponsor w ill not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any protect for airport development or noise compatibility for which funds are provided under this grant. The Sponsor will include in every contract a provision implementing this special condit ion. WASTE DISPOSAL SITES. It is hereby agreed by and between the parties hereto that, witli:n its authority, the Sponsor' will not approve or permit the establishment or existence (ii-nrv:P.] Site' 'Athich 11::S hr ripn-rrhined lc, hp ,,!bipf.rinn:11-,l,--, provisions of FAA Order 5200.5A, dated January 31, 1990, entitled 'Waste Disposal Sites On or Near Airports." 5. OPEN BIDDING. The Sponsor agrees not to include in any bid specificuion, project agreement, or other controlling documents to perform construction activities under this grant, any provisions which would: a. Require bidders, offerors, contractors, or subcontractors to enter into or adhere to agreements with one or more labor organizations, on the same or other related construction project(s), or Otherwise discriminate against bidders, offerors, contractors, cc subcontractors for refusing to become or remain signatories or otherwise adhere to agreements with one. or more labor organizations, on the same or other related construction project(s), or c. Require any bidder, offeror, contractor, or subcontractor to enter into, adhere to, or enforce any agreement that requires its employees, as a condition of employment, to: (I) become members of or affiliated with a labor organization, or ) pay dues or fees to a labor organization, over an employee s objection, n excess of the employee's share of labor organization costs relating to collective bargaining, contract administration, or grievance adjustment. The Sponsor further agrees to require any contractor or subcontractor to agree to not include any similar provision that would violate paragraphs a through e above in their contracts or subcontracts pertaining to the projects under this grant. PAVEMENT MAPCTENANCE MANAGEMENT PROGRAM (PGL 95-2). For a project to replace or reconstruct pavement at the airport, the Sponsor shall implement an effective airport pavement maintenance program as is required by the assurance in Section III.C.l I of the "Terms and Conditions of Accepting Airport Improvement Program Grants." The Sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repaired with federal financial assistance at the airport.. An effective pavement maintenance management program is one that details the procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is performed. An airport sponsor may use any form of inspection program it deems appropriate. As a minimum, the program must include the following: a. Pavement Inventory. The following most be depicted in an appropriate form and level of detail: location of all runways, taxiways, and aprons; maen rinc • t I ‘.1 (2). 9 - (3) type of pavement, and; (41 year of construction or most recent major rehabilitat:on. For compliance with the Airport Improvement Program (AIP) pavements that have been constructed, reconstructed, or repaired with federal assistance shall be so depicted. b. inspection Schedule. L)etailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is availahle, i.e. Pavement Coridition Index (PCI) survey as set forth in Advisoi -v Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," the frequency of inspection may be extended t three Yeats. (2 ) Drive-By Inspection_ A drive-by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. c: Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance performed must be recorded and kept on file for a minimtun of five years. The tynes of distress, their locations, and remedial action, scheduled or performed, must be documented. The minimum information to be recorded is listed is below: (1L1 inspection date. 12) location, (3) distress types, and (4) maintenance scheduled or performed. For drive-by inspections, the date of inspection and any maintenance performed must be recorded. d. information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required. C. Reference. Refer to Advisory Circular 150/5380-6. 'Guidelines and Procedures for Maintenance of Airport Pavements, for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program: Specific types of distress, their probable causes, inspectior: guidelines, and recommended methods of repair are presented. (A; C y RF NTT S0 .- n (.2t an-i:T(, m rAr . EE ) - 3 - agency relationship between the Sponso -:, as principal, and the Michigan Aeronautics Commission, as agency, created by the Agency Agreement withou -, prio: wriuen approval of the FAA. DBE PLAN. It is understood and agreed bv and between the parties hereto that the Sponsor shall not ism.ie any invitations for bids for work described on Page 1 of the Grant Agreement, nor shall the United States be obligated to make payment :tpiesenting its share of the project cost, until the FAA has updated Disadvantaged Business Enterprises Prouani goals as specified by the FAA,. Great Lakes Region, Civil Rights Office letter. According to the federal requirement 49 CFR Part 26, Participation by Minority Business Enterprise in Department of Transportation Programs, recipients of FAA fonds snail submit overall DBE goal information annual:y. As recipient of this block grant. the Department accepts this responsibi:ity. 4 APPENDIX G .Prime Consultant Statement of DIR.E Subconsultant Payments Information I equ:Ted tu aciot dance wILli 4'.4 CFR §7-%`,. T..7 to monitor rro;:ne, of c1.1e prime: L:onstdtautTi I i t-ITII ool:um:Mai g:liT Iii It . June 1 „ .2001 .. PRIME CONSULTANT: DCIIECK IF PRIME IS AUTHORIZATION NO. CONTRACT NO, M DOT-DBE CERTIFIED - BILLING PEVIOD: U Check if Final Payment JOB NO. CUMULATIVE ACTUAL DBE CERTIFIED DIRE SERVICES TOTAI... DO.LI. AR ...i.ca:m.., A.Vial (NT PAID AUTDORIZED CONSULTANT WORK CONTRACT VALUE OF DEDUCTIONS I AMOUNT DURING 'THIS SIGNATURE DATE PE.RFOR.NIED .A.NIOUNT SERVICES I •P.A./D TO BILLING (Final Payment COMPLETED DATE PERIOD Report Only) • - As the authori .zed representative of the above prt-ne consultant, I stale that, to the best of my know lek..re, this inlotiliation is true .- and accurate. PRIME CONSULTANT'S AUTHORIZED REPRESENTATIVE TITLE DATE (SIGNATURE): ... . . -..,.. ".- •-'• ?ii ..:Ft, I* -'11 " , ..,a,' • ,*. COMMENI 5: ('UNTRACT A.DIVIINISTRATOR (Signature) D ATE: Special hole. -.1'6me Consultant or Authori Tod Rey ve...-t:+itati ye" reters to recents of federal funds as dined at 49 (:odt... Lit Federal RC:gil1D[1011S Pilft 26.. INSTRUCTIONS This staternen reports ihc actual dollLr .arnounv.; of the project cost earned by and paid to sukonsultants. Complete and submit to the Contract Administrator .semi-annually. Some forms may be blank if no payment was a laic ,since the previous billin,f2. For "AuthorizAion No., Contract No.,- and "Job No.'" as appropriate, use the niurbers as.signed h MDOT. For "Billing Period," report the calendar days covered by the billing. For "Services Work Performed - I-upon the main service performed bv the subconsultant during the reporting period. For "Total Contract .Arnount" report the total amount of the contract between the prime consultant and subconsultant. For "Cumulat: ve Dollar Value of Services Completed" report the total amount the subconsultant has earned since beginnin the project. For "Deducticns," report deductions .made by the .prime constritant to the subconsultant's "( umulative Dollar Value of Services. Conip.leted" for Ietairia,c,,e, bond or other fees, niaterials, services or equipment provided to the s -ubconsultant according to mutual, prior agreeirnent (documentation of such agreement may be required by .MDOT). For "Actual Amount Paid to 1.)at.e," report cumulative actual payments made to the subconsultant for services completed. For "Actual Amount Paid During this Billing Period - report actual payments made to the subcontractor for services during this billing period. Provide "DM ., Authorized Signature" for final payment only. Be sure to sign, title and date this statement. .MDOT CO.NTRACT ADMINISTRATOR: Complete "Comments" if necessary, sign, date and forward to the Office of Equal Opportunity within seven (71) days of receipt. FISCAL NOTE #I0072 April 22, 2010 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES — OAKLAND COUNTY INTERNATIONAL AIRPORT — 2010 GRANT PROGRAM ACCEPTANCE — CONSTRUCTION OF TERMINAL BUILDING To the Oakland County Board of Commissioners Chairperson. Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County has received a Federal funds for the Michigan Department of Transportation Grant Contract No. 2010-0188, Federal Project No.D-26-0079- 6410, in the amount of $200,000, State funds in the amount of $5,263 and a required local grant match of $5,264 for the development and improvement of Oakland County International Airport. 2. The project consists of construction of a terminal building at Oakland County International Airport. 3. The Airport Committee has reviewed the project and recommends acceptance of the grant contract. 4. The funding period of the grant is 36 months from the date of the award. 5. The total cost of the project is $210,527 with $200.000 of the cost from Federal funds, $5.263 of the cost from State funds and $5,264 from the Airport fund resources for the grant match 6. The Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project. 7. No General Fund appropriation is required. Funding is avaiiable within the Airport fund. FINANCE COMMITTEE (ThtLimit,j4 FINANCE COMMITTEE Motion carried unanimously on a roll call vote. # Resolution #10072 April 22. 2010 Moved by Long supported by Woodward the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingen, Gosselin, Greimel, Hatchett, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub. Woodward, Zack, Bullard. (24) NAYS: None. (0) A sufficient majority having voted an favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). V 11 I HEREBY APPROVE THE FORE3O3 i:-L--SOLLTO ACTiNG PURSUANT TO 1973 PA 139 STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, 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 April 22, 2010, with the original record thereof now remaining in my office. in Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 22nd day of April, 2010. eae Ruth Johnson, County Clerk