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HomeMy WebLinkAboutResolutions - 2010.04.22 - 10009MISCELLANEOUS RESOLUTION #10073 April 22, 2010 BY: Planning and Building Committee. John Scott, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES — OAKLAND/TROY AIRPORT — 2010 GRANT PROGRAM ACCEPTANCE — PURCHASE SNOW REMOVAL EQUIPMENT AND ENGINEERING FOR REHABILITATION OF STORM DRAINS AND TAXI LANES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract No. 2010-0175 Federal Project No. 0-26-0118-1008, for Federal funds in the amount of $82,650, and State funds in the amount of $2,175, for the development and improvement of Oakland Troy Airport; and WHEREAS the project consists of the purchase of snow removal equipment and development of engineering plans for the rehabilitation of storm drains and taxi lanes at Oakland/Troy Airport; and WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project; and WHEREAS the development project, as offered and approved by the Michigan Department of Transportation, requires a local grant match of $2,175, 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 been approved in accordance with the County Executive's review process; and WHEREAS no application was requested from Oakland County; therefore, the application provisions of M.R. #95098, do not apply. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant contract in an amount not to exceed $87,000, which includes a local grant match of $2,175, 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 AND BUILDING COMMITTEE PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Burns absent. Gaia Pitt- From: VanPelt, Laurie ivanpellro)oakgov.corril Sent: Monday, March 22, 20'10 215 PM To: 'Pr, Gala: Dvis. Patricia .; 'Secontine, Julie; 'She)lal, Cathy' Cc: 'Foss, Ellen; 'Patricia Shi..; Ka7-11; 'Falardeeu, Nancy' Subject: RE: Grant Review: Oakland,Troy Ai7part - 2010 Purchase of Snow Removal Equipment and Development of Engineering Plans for the Rehabilitation of Storm Drain and Taxilares - Grant Acceptance Approved. Origina Message— - From: Phi, Gala [rnaiito:piirg©oakgov.com ] Sent: Monday, Marcn 22, 2010 2;11 PM To: 'VanPelt, Laurie'; Davis, Patricd; 'Secontine, Shalial, Cathy Cc: 'Foss, Eileen'; 'Patricia Shur; 'Randall, Karr ., Talardeau, Nancy' Subject: Grant Review: Oakiand/Troy Airport - 2010 Purchase of Snow Removal Equipment and Development of Engineering Plans for the Rehabiiitation of Storm Drains and Taxilanes - Grant Acceptance GRANT REVIEW FORM 1.1.11n••1 TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Cathy ShaJial — Julie Secontine— Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — [Central Services/Aviation --Oakland/Troy Airport] 120101 [Purchase of Snow Removal Equipment and Development of Engineering Plans for the . Rehabilitation of Storm Drains and Taxilanes] Michigan Departhient of Transportation Attached to this email please find the grant document(s) to be reviewed. Please provide your rev'.ew stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to ail) of this Titne Frame for Returned Comments: iMarch 31, 20107 GRANT INFORMATION Date: [March 22, 20101 Operating Department: [Central Services/Airports] Department Contact: [ Karl Randall/Patricia Shall [ Contact Phone: [248666-39O0 I Document rdentiEcation Number: Contract No. 2010-0175 1 RITVIFW STATLS: [Acceptance — Resolution Required] Funding Period: 36 months from date of award] NK,v, ,A4.,.1]tiona1 Office Spacer Needs: [ N/A IT Resources (New Computer Hardware Software Needs or Purchases): [None MIWBE Requirements: Yes, Compliance with 49 CFR, Part 26 FuncEng Continuation/New: New _A%7Thi.,11117 r5:g7,(.)oryi Prior Year Total Funding: N/A ] New Grant Funded Positions Request: None I Changes to Current Positions: [None: Grantor Funds: [-Federal Funds $82,650; State Furids $2,175] Total Budget: S87,000 ] f ri rl GRANT REVIEW SIGN OFF — Central Services/Aviation — Oakland Troy Airport GRANT NAME: 2010 Nrchase of Snow Rem-11M' Equipment and Development of Engineering Plans for the Rehabilitation of Storm Drains and Taxilanes FUTSDENG AGENCY: Michigan Department of Transportation DEPARTMENT CONTACT PERSON: Karl Randall/Patricia Shull/ 248-666-3900 STATUS: Grant Acceptance DATE: March 30, 2010 Pursuant to Misc. Resolution 401320, please be advised the captioned grant materials have canpleted internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' I ,iaison Committee Resolution, the want agreementkontract, 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 Putiget: Approved. — Laurie Val Pelt (3/22/2010) Department of Human Resources; Approved. Cathy Shallal (3/21-1/2010) Risk Management and Safety: Approved by Risk Management. - Julie Secontine (3/25/2010) Corporation Counsel: There are riot outstanding legal issues with the above grant. — Joellen Shortley Blaszezak (3/25/2010) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of these specifically cited compliance related documents for this grant. FAA Advisory Circular 150/51M-14 httpliwww.faa.gov/aimorts air rafficiairports/resourcestadvisory circulars/wed ia/150-5100- 14D/150 .5100_1/1d.pdf Single Audit Act of 1984 (with amendments in 1996) http://www ..whitehousc.gov/orriblionancial/fin sinale audit.htrn1 Federal Office of Management and Budget (CND) Circular No. A-133. http ://www.whiteh oit 5 , g0 v/omb/c irculars/s133/a 1 33, him] Michigan State 't•runic. Line Highway System Act Si of 195i http:/11e0slatore.ini.govidoc.aspx?Inc1-itet-51-of-1951 Disadvantaged Business Enterprise Program (49 CFR, Part 26) http://ftwebgatel .ac,cess. gpo,govicgi- biniwais gate :cgi TyVAISd oc ID-62758523 I 372±0- 0+0 & WA1Sacti on—Tetrieve FAA "Terms and conditions of Accepting Airport Improvement Program Grants" htb://www.faa.R:oviairports airtraffiefairports/regionaI_gtaidanceisoutherniatp/medialaip_grant terms plarraing.odf Federal Civil Rights Act of 1964 http://v,ww.usdoj.govicrtieor/index.htm Regulations of the 'United StaWi Department of Transportation (49 CFR, Part 21) hup;//www.access.gpo.gov/naraicfr/waisidxO4/49cfr2] 04,html State Contracts with certain employers prohibited (Act 278 of 1980) htto://www.leri,;lature.rni.Rov/(S(hoeiva45v3bbknisOjmitzpak))/mileg.afmx?patFc=geiObject&obiectN ainc--roo1-Act-278-of-1 980 National Labor Relations Act (29 USC 158) - section 8 of Chapter 372 http://www.nlrb.govlabotitus/overview/national labor relations actsspx Michigan Antitrust Reform Act (Excerpt) Act 274 of 1984 (MCL 445.771 - .788, excluding section 4a) hrtp://legislarure.mi.govidoc.aspx?incl-445-771 Michigan Civil Rights Act (1976 P.A. 453) lit ip://www.legislature.mi.gov/(S(cavsv4barpdowv1wbyly03 g))/mileg.av_x?page=getobj ect&objcct narne--mei-Act-l53-of-1976 Michigan Persons with Disabilities Civil Rights Act— "Act 220 of 1976" btio://v,rww torc.mi. gov/(oa3 I x2e1tnri5z55z2niwv45)itnileg.a5pepage=getobiecatobjectnam." ct .220-of 1976&Queryid=14718589 FAA Order 52003A "Waste Disposal Sites On or Near Airports" h1to:i/isdde.dot.gov/OLPFi1esTFAM312568.pdf FAA Advisory Circular 150/5380-6 "Guidelines and Procedures for Maintenance of Airport Pavements" littp:/./isddc.dot.uoviOLPFilesTAA/005996.pdf CONTINGENC ES Funding Contingencies $0 SO $0 $0 $0 SO 10 $O EXHIBIT 1 OAKLAND-TROY AIRPORT WATERFORD. MICHIGAN Project No. D-26-0118-1008 March 4 2010 Foicra State Loca Iota, ADVN:STRATION $475 $12 $13 $500 DERARTMENT-AERO $475 $12 $13 $500 EOJIPMENT $35,150 $925 $925 $37.0CC Acqui7e Snow Rernov&.E Equipment Wisp aoerneW pIow truck) 025 $35,150 $925 $925 $37,000 DES.ON $47,025 $1,238 $1,237 $49500 ReharpLtate stor, orans and taxilanes O26 AERO-Design 026 . $2,277.... . ... $60 $60 $2,397 . , CONSbLTANT-Design 026 $44,748 $1,778 $1,177 $47,703 CONSTRUCTION $0 $0 $0 $0 TOTAL PROJECT BUDGET $82,650 $2,175 $2,175 $87,000 MAC Tra7sfe7: 1/27:10 CONTRACT NO. 200-0175 FEDERAL PROJECT NO. D-26-0118-1008 AGENDA: DAB MICHIGAN DEPARTMENT OF TRANSPORTATION COUNTY OF OAKLAND CONTRACT FOR A FEDERAL/STATE/LOCAL AIRPORT PROJECT UNDER THE BLOCK GRANT PROGRAM This Contract :s made and entered into this date of by and between the Michiph Department of Transportation, hereinafter referred to as the -DEPARTMENT." and County of Oakland, hereinafter referred to as the "SPONSOR," for the purpose of fixing the rights and obligations of the parties in agreeing to the following undertaking at the Oakland-Troy. Airport. whose associated city is Troy. Michigan, such undertaking hereinafter referred to as the "PROJECT,- estimated in dewil in Exhibit 1, dated March 4, 2010 : attached hereto and made a part hereof_ PROJECT DESCRIPTION: PURCHASE SNOW REMOVAL EQUIPMENT. DEVELOP ENGINEERING PLANS FOR THE REHABILITATION OF STORM DRAINS AND TAXILANES. WITNESSETH: WHEREAS. the PROJECT is eligible for federal funding pursuant to the Airport and A,rvvay J111p1-01.eilk-:.nt 192, as amended, and/or the Aviation Safety and Noise Abatement Act of Ltnd WHEREAS, the DEPARTMENT has received a block grant from the Federal Aviat:on Adminis.sation !IAA) for airport development projects; and WHEREAS, the DEPARTMENT is responsible for the allocation and manaLiernenn. of bloei‘ grant funds pursuan .. to the above noted act; NOW, THEREFORE, the parties agree: 3/15/2010 1 PUBLIC BLOCK GRANT 2 vliy The term "PROJECT COST,- as herein used. is defined in Attachment(s) 16, attached hereto and made a par hereof. The PROJECT COST will also include administrative costs incurred by the DEPARTMENT in connection with the PROJECT. Administrative costs incurred by the SPONSOR are not eligi!-.)le PROJECT COSTS. THE SPONSOR WILL: Enter into a contract with a consultant for each element of the PROJECT that reqiiircs expertise. The COTISI.dLant will be selected in conformity with FAA Advisory Circalar 150/5100-14. The DEPARTMENT wih select the consultant or each clement of the PROJECT involving preparation of environmental documentation. The SPONSOR will select Inc consultant for all other aspects of the PROJECT. All consultant contra cts will be submitted to the DEPARTMENT for review and approval. Any sac ii ;;Lryllov,is will not be construed as a warranty of the consultant's qualifications, professionai standing. ability to perform the work being subcontracted, or financial integrity. The SPONSOR wl11 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. 3. Make payment to • the DEPARTMENT for the SPONSOR's share of the PROJECT COSTS withfii thirty ',30) days of the billing date. The DEPARTMENT wiL not make payments for any PROJECT work prior to receipt of payment from the SPONSOR 11‘ the SPONSOR's share of that item of the PROJECT work. Eligible 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 submitted witnin 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 wnich tric SPONSOR will wrhe the amounts paid, the check numbers, the voucher numbers, and the dates of the checks. Each invoice be signed by an official of tne SPONSOR as proof of payment. The amount of the SPONSOR billing will be [educed by Me amount of the eligible credit, based on documentation submitted. provided t is stbmitteti prior to the date of the billing. Should it be determined that the SPONSOR has been given credit for payment of ineligible items of work, the SPONSOR will be billed an amount to insure that the SPONSOR share of PROJECT COSTS is covered. The SPONSOR pledges sufficient funds to meet its obligations under this Contract. 4. With rega rd to audits and record-keeping, - a. The SPONSOR will establish and maintain accurate. records, in accordance will -, ror .:11! irp-!Irro.1 DaVillelit is so;,-Tht or made. under this Contract, said records to be hereitA .k7i 311 f/2010 2 PUBLIC BLOCK GRANT 2 rIft ieferred to as the "RECORDS." Separate accounts wil: be established and maintained for all costs incurred under this Contract. b. Audit and Inspection. The SPONSOR will comely with the Single Audit Act of 1984, as amenCecl, including, but not limited to, the Single Audit Amendments of 1996 131 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 9.1097(100, as applicable, that is in effect at the time of Contract award with regard to audits. Agencies expending a total of Five Hundred Thousand Dollars ($500,000.00) or more in federal funds from one or more funding sou:-ccs in their fiscal year will comply with the requirements of the federal Offiee Of Management and Budget (OMB) Circular A-133, as revised or amended. The SPONSOR will submit two {2) copies of: The Reporting Package The Data Collection Package The management letter to the SPONSOR, if one issued bytIiC aalt frrn The OMB Circular A-133 audit must be submitted to the address below in accordance with the time frame established in the circular, as re‘ised amended. Agencies expending less than Five Hundred Thousand Dollars ($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 nanteXs) of the DEPARTMENT federal programs, and the CFDA grant numberts). This information must also be submitted to the address below. Address: Michigan Department of Transportation Multi-Modal Transportation Services Bureau (AL.:oilaltc:-) 2700 East Airport Service Drive Capital City Airport Lansing, MI 48906-2060 iv. Agencies ITIUs: also comply with applicable state laws and regulations relative to audit requirements. Agencies will not charge audit costs to the DEPARTMENT'S federal programs that are not in accordance with the aforementioned OMB ci:-cular A Iql rf-2rfaireniCrt. 3/15/2.010 3 PUBLIC BLOCK GRANT 2 Al] agencies are subject to the federally-required inonitorng which may include limited scone reviews and other or site monitorin •, The federal award associated with this Contract is CFDA Airport Improvemern Pro:Lii -am number 20.106, Federal Project Number D 26 0118 :008, award year 2008, Federal Aviation Administration, Department of Transportation. c, The SPONSOR wiil maintain the. RECORDS for at least six (6) years lion -, 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 oilier issue under this Contract, the. SPONSOR will thereafter continue to maintain the RECORDS at leas: until that dispute has been finally decided and the time for all avai:able challenges or appeals of that decision has expired. The DEPARTMENT or its representative may inspect, copy, or audit 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 subsections (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 wi; be Fovided by the SPONSOR or its subcontractors to the DEPARTMENT upon r:Nuest. The SPONSOR agrees to permit representatives of the DEPARTMENT to inspect time progress of all PROJECT work at any reasonable time. Such inspections are for the exclusive use of the DEPARTMENT and are not intended to relieve or negate any of the SPONSOR's obligations and duties contained in this Contract. All technical data, reports, and documents will be maintained for a period of six (6) years from the date of final pLiyment. The SPONSOR agrees to require all prime contractors to pay each subcontraelor ror the satisfactory completion of work associated with the subcontract no later than ten tl 0) calendar days from the receipt of each payment the prime contractor receives from the DEPARTMENT or SPONSOR. The prime contractor also is required to return rcuinage payments to each subcontractor within ten (10) calendar days after the subcontractor's y,,ork is satisfactorily complete.d. Any delay or postponement of payment from these time frar[1 -._!s may occur only tipon receipt of written approval from the DEPARTM.ENT. These re.quirements are also applicable, to ail 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 thMci-pa.rty beneficiary right or other direct right to a subcontractor a 'a in rht- DFP AP TMPNT !'n hcq1.1 Di Enterprise (DBE) and lion-DBE subcontractors. D•1 4 PUBLIC BLOCK GRANT 2 vhe 3/15/1 0 10 The SPONSOR further agrees that i will comply with 49 CFR. Par: 26, as amended, and will repori any and all DBE subcon:ractor payments to the DEPARTMENT semi- in the format set forth in Appendix G, dated June 2001, attached hereto and made a part hereof, or any o:her format: acceptable to the DEPARTMENT. In the perfOrmance of the PROJECT herein enumerated, by tsclf, by a subcontr,c:or, or by anyone acting on its behalf, comply with any and all state. federal, and local L.1-.1plicable statutes, ordinances, and regulations. The SPONSOR further agrees to obtain all permits that are applicable to the entry into and the performance of this Contract. The SPONSOR agrees to comply with the Special Conditions set forth in 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" siEned 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 adlitional estimated PROJECT COSTS for changes approved in accordance with Section 14 at the time of award of the. amendment for approved work. 9. Upon receipt of payment request approved by the SPONSOR, make payment for cligib:e PROJECT COSTS. The DEPARTMENT wiil seek reimbursement from the FAA through the block grant issued to the DEPARTMENT for funds expended on eliibie 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. Make final accounting to the. SPONSOR upon completion of the PROJECT, payment of all PROJECT COSTS, and completion of necessary audits. Any excesses or deficiencies will 'Dc 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 1. Exhibit 1 is to be. considered an estimate. The actual DEPARTMENT. FAA, and SPONSOR shares of the PROJECT COST ill be determined at the time of financial closure of the FAA grant. 5 PUBLIC BLOCK GRANT? nit 3/15/2010 Federal Shale 5653.00 Max i mum DEPARTMENT Share . 52.175 00 SPONSOR Snare . c,-) :75.00 Eviiiicaori PROJECT COST $87,000.00 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 part with DEPARTMENT funds. Upon final settlement of cost, the federal funds wil be til3plied to the federally-funded parts of this Contract at a rate not to exceed rtinet y- five percent up to an:,i not to exceed the maxi -num federal obligations shown in Section 11 or as revised in a budget letter, as set forth in Section 1-4, Those parts beyond the federal funding maximum may be eligible for state funds at a rate not to exceed ninety percent (90%) up to and not to exceed the maximum DEPARTMENT obligation shown in Section 11. For portions of the PROJECT vhere only DEPARTMENT am: SPONSOR funds will be appiied to the final settlemer.t. DEPARTMENT funds will be at a rate not to exceed itincy percent i.90%), and die. total DEPARTMENT funds applied toward the PROJECT COST may be up to but will not exceed the maximum DEPARTMENT obli gations shown in Section 11 or as revised in a budget letter, as set forth in Section 14. Any items of PROJECT COSY not ifunded . by FAA- or DEPARTMENT funds will be the sole rs:isponsiKity of the SPONSOR. DEPARTMENT funds in this Contract made available through legislative epproprntion arc based oh projected revenue estimates. The DEPARTMENT may reduce Inc 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 ILs Contract will represent only those items that are properly chargeable in accordance with this Contract. The SPONSOR also certifies that it has read the Contract terms and hits inade itseif aware of the appiicabe laws, regulations, and terms of this Contract that apply to the rL'portine of costs incurred under the terms of this Contract. 14. The PROJECT COST shown in .Section ii 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 maximunis shown in Section i through a budget letter issued by the DEPARTMENT_ A udget letter will he used when updated cost estimates for the PROJECT rer.c.ct a change in the amount of funds needed to fund all PROJECT COSTS. The budget :utter will be signed by the Administrator of Airports Division of the Multi-Modal Transportatiod Services Bureau iAe.ronautics). description, p,ovide.cl that Lie costs do not exceed the maximum obligatiops ol Section 6 PUBLIC BLOCK GRANT 2 3/15/2010 11, If the total amount of the PROJECT COST exceeds the maximum ob,igation5 shown in Section 11, the PROJECT scope will have to be reduced or a written amendment to tilts Contract to provide addltional funds will have to be awarded by the parties before The work is started. 1:: the event it determined 'Dy the DEPARTMENT that there will be either :nsofficient 1:mds or insufficient time to properly administer such funds for :he entire PROJECT OF 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 tins occurs, this Contract will be 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 refande.d following receipt of a letter from the SPONSOR requesting excess funds be retum,-:d 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 allowability of an item of expense, the DEPARTMENT will promptly submit to the. SPONSOR a Notice of Audit Results and a copy of the audit report, which may supplement or modify any tentative findings verbally communicated to the SPONSOR at the completion of an audit. Within sixty- (60)- days after the date of the. NoticeTof -AuditResults, the SPONSOR will (a) respond in writing to the. responsible Bureau of the DEPARTMENT indicating whether or not it concurs with the. audit report, (b) clearly explain the nattue and bask for any disagreement as to a disallowed item of expense, and (c) subinit to the DEPARTMENT a written explanation as to any questioned or no opinion expressed item of expense, hereinafter referred to as the "RESPONSE" The RESPONSE will be clearly statce 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 apr. y the language of the Contract. The SPONSOR agrees that failure to s.,ubmit 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 et- ctestionee or no opinion expressed cost, The DEPARTMENT will make its decision with regard to any Notice of Audit Rcsults and RESPONSE within one hundred twenty ,`120) days after the date of the Notice of Audit Results, If the. DEPARTMENT determines that an overpayment has been made to the SPONSOR, the SPONSOR will rei -lav 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 :each agreement with the DEPARTMENT on a repayment schedule -1,0) c2.pn\c:np n,„ „•iu deduct I or a portion of the overpayment from any funds then or thereafter payable by 3/15/2010 7 PUBLIC BLOCK GRANI• 2 viw trie DEPARTMENT to the SPONSOR under this Contract or any other agreement or payaat to ti-te 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 .unti; the balance is paid in full. The assessment of interest wil, ..in thirty 00) days from the date of the invoice. The rate of interest will be based on the Michigan Departhient of Treasury common cash funds interest earnings. The rate of interest will he reviewed annually by the DEPARTMENT and. adjuste.d as necessary based on the Michigan Department of 'Freasury common cash funds interest e,trnii:gs. The SPONSOR expressly consents to this withrioldinz or offsetting of funds under those circumstances, reserving the right to file a lawsuit in The Court of Claims to contest the DEPART•ENT's decision only as to any item of expense the disallowance of v„hich was ci;sputed by the SPONSOR in a timely filed RESPONSE. 17. This Contract will be in effect from the date of award through twenty (20) years. 18. Failure on the part of the SPONSOR to comply with any of the conditions in this Cornract may be considered cause for placing the SPONSOR in a state of noncompliance, thereby making the SPONSOR ineligible for future federal and/or state funds until stieh time as the noncompliance issues arc resolved. In addition, this failure may constitute grounds for cancellation of the PROJECT and/or repayment of all grant amounts on a pro rata basis, if the PROJECT has begun. In this Section, pro rata means proration of the cost of the PROJECTDy.er twenty(20) years, if the PROJECT has not yet begun. 19. Any approvals, acceptances, reviews, and inspections of any nature by the DEPARTMENT will no: be construed as a warranty or assumption of liabilny on The pan of the DEPARTMENT. It is expressly understood and agreed that any such approvals, acceptances, reviews, and inspections are for the sole and exclusive purposes of 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. approvals, acceptances, reviews, and inspections by the DEPARTMENT will not relieve the SPONSOR of its obligations hereunder, nor are such approvals, acceptiinces, xvicws, and inspections by the DEPARTMENT to be construed as a warranty as to the bropriety of ihe SPONSOR 's performance, but are undertaken for the sole use aid information of the DEPARTMENT. 20. In connection with the. performance of PROJECT work under this Contract, the parties thereinafter in .Appendix A referred to us the "contractor") agree to comply with the State MiCili,7.i111 provisions for "Prohibition of Discrimlnazion in State Contracts," as ;t‘t forth it Appendix A. attached hereto and made a part hereof. The parties further covenam 'bat they will ,...on.)py with the Civil Rights Act of 1964, being PT. 88-352, 76 Sint_ 241. and the Regulations of the United States Department of Transportation 149 CFR, Part 21) isued pursuant to said Act, including Appendix B. attached hereto and made n!irl c.i=f h1 \ed ii the performance o: this Contract. 3/15/2010 8 PUBLIC BLOCK GRANT 2 v1:0: "11 The SPONSOR will carry out the applicable requirements of the DEPARTMENTS Disadvantaged Business Enterprise (DBE) program and 49 CFR Part 26, including, hut not limited to, those requ:;-ements set forth in Appendix C. dated October 1, 2005, tittacl',ed bc:-e!o and made a part hereof. 2 I In accordance with 1980 PA 278; MCL 423.321 et LtLq..; MSA 17.458(22), et see, the SPONSOR , in the performance of this Contract, will not enter into a contract with a subcontractor, manufacturet, or supp;ier listed in the register maintained by the United Stares Department of Labor of ernployeTs who have been found in contempt of r'ourt by it kLleral court of appeals on not less than three (3) separate occasions involving diffe:en,', vio]ations during the preceding seven (7) years for failure to correct an unfitir labor praetice, as prO:libited by Section 8 of Chapter 372 of the national Labor Relations Act, 29 USC 158. The DEPARTMENT may void this Contract if the name of the SPONSOR 0.: Inc n ame o f 0 subcontractor, manufacturer, or supplier utihzed by the SPONSOR. in tee 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 the 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, Section ; - ;5, and/or 1984 PA 274, MCL 445.771 - .788, excluding Section 40. to the State of Michigan 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 ‘.\.el-e used to meet the SPONSOR's ob:igation 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, exeluding Section 4a, to the State of Michigan or the DEPARTMENT as a third- priay beneficiary. The SPONSOR shai1 notify the DEPARTMENT if it becomes aware that an antitrust violation with :.egard to claims based oil goods or services that were used to meet the SPONSOR's obligation to tile DEPARTMENT under this Contract may have occurred or is threatened to occur, The SPONSOR shall also notify the DEPARTMENT ir it becomes aware of any person's intent to commence, or of commencement of, an :.intitrusi Ltction \\.ith regard to claims based on goods or services that were used to meet the SPONSOR -;: obligation lathe DEPARTMENT under this Contract. In any instance of disp ute and/or litigation concerning the PROJI'ICF, the resolution thereof ‘vi21 be the sole responsibility of the party/parties to the contract that islare Inc subject of the controversy. it is understood and agreed that any legal ivpresentation cif (“)(.--.rccOR ir lirirvion Ii hf.. he, f;n:trHq! ry'c!)(‘!Nii -s0H,' SPONSOR 3/15/2010 9 PUBLIC BLOCK GRANT 2 T/n.. The DEPARTMENT and the FAA will not he subject to any obligations or liabilities by eont:acto:s 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 avyard of any contract or subcontract or the solicitation thereof. ' 2. 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 Cont-act is not intended to increase or decrease either party s liability for iininunitv from tort claims_ This Contract is not intended to nor will it be interpreted as giving either p,i -tya ight of indemnification, either by Contract or at law, foi claims arising out of the performance of this Contract. Iti ease ot any discrepancies between the body of this Contract and any exhibit iterco, the body of the Contract wil: govern. Of 10 PUBLIC BLOCK GRANT 2 lw 3/15/1 010 27. This Contract will become binding on the parties and of full force and effect upon siginng by the. duly autho:iz.ed representatives of the SPONSOR and the DEPARTMENT and upon Ao7iion of a resolution approving si-dc.: Contract and authorizing the signature(s) oi the respective representative(s) of the SPONSOR, a certified copy of which e S0111101: Wile be ser.: to the DEPARTMENT with this Contract, as applicable. IN WITNESS WI IEREOF, the paries have caused tins Contact to be awarded. COUNTY OF OAKLAND By: Title: MJCHIGAN DEPARTMENT OF TRANSPORTATION By: Title: Department Director 3/15/2010 11 PUBLIC BLOCK GRANT 2 vlw ATTACHMENT 16 SUPPLEMENTAL PROVISIONS FOR FEDERAL/STATE/LOCAL CONTRACTS INVOLVING ONLY PRELIMINARY/DESIGN ENGINEERING AT ALL CLASSIFICATIONS OF AIRPORTS The term "PROJECT COST" will include the cost of the consultant hired to do i-TchninaryAlesign engineerimz for future projects. The SPONSOR hereby agrees that it will maintain said Airport in full operaing condititv on a year-round basis for a period of twenty ;20 .) years in accordance with General iftlity iicenshig requirements set forth by the Michigan Aeronautics Commission rules i ,,nd regulations. Duri:i ! this period, the. Airport wi;( not he a',)andoned or permanently closed without the express written permission of the DEPARTMENT. In addition to the requirements of paragraph 2 of these supplemental provisions, and not in lieu thereof, should the SPONSOR desire to abandon, close, sell or othemise divest itself of Airport or any portion thereof, the SPONSOR agrees to also provide the DEPARTMENT a prior written notice of any such intent givng the DEPARTMENT, for a period of one hundred eighty (180) days after receipt_ of such notice, a first right :o purchase at fair market value the Airport-or any portion thereof, as the case may be, and/or ai: facilities thereon. Fair market value shall be determined by an independent appraisal of such properties prepared by an appraiser on the DEPARTMENT's list of approved mpraisers. Tile notice of intent and first right to purchase will be provided via registered or dertifie.d mail, return receipt, postage prepaid, addressed to the Deputy Director of the Multi- Modal Transportation Services Bu:eau (Aeronautics), Michigan Department of Trans'portation. 4. The SPONSOR will operate and maintain in a safe and serviceable condition the Airport and all facilities thereon and connected mere-with which are necessary to serve the aeronautic.al users of the Airport other than facilities owned or controlled by the United States in the State of Michitan, and wil: not permit any activity thercou which would interfere with its1 se for Airport purposes: provided that nothing herein will be .7onstrtied ts requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to any act of God or other condition or circumstance beyond the control of the SPONSOR. SPONSOR ,3..=?!, ether fr.-. the Rcqu;.-:ition arid ret ,:mlion nr ft:1.--.Pmenk c,r irteesis in or rights for the use of land or airspace, or by the adoption and enforcement oi zoning regulations, prevent the construction, erection, alteration 01 growd7 of any structure, tree or either object in the aproach areas of the runways of the Airport, N's'lij1 • . VV ...."_11‘..! 4...A LULc LIL 11,..L 10D Stik AIIjtLcILfrtI ;LIS: ILL st7, rescribeLi in FAA Advisory Circulars. 1 of 1 APPENDIX A PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS In C0111:CCt01: with t,te performance of work under this contract; the contractor agrees as follows: In accort.nce. v..ith Act No. 453, Public A,As of 1976, the contracto:- hereby !.igirces no: to discriminate against an employee or applicant employment with respect to hire, tortus, conditions, or privileges of employment, or as a matter directly or indirectly t .claw:i. to employment, because of race, color, religion, national oligin, a;e, ex. hcht. weiht, or marital status. Further, in accordance with Ac', No. 220, Public Acts of 1976 as amended by Act No. 478, Public Acts of 1980 the cont;a:.-tor hereby agrees not to discriminate against an employee Cr: applicant for employment with to hire, tenure., terms, conditions, or ptivilegas of employment, or a matter d.:ectly or inJirectly related to employment, because. of a disability that is unrelated to the individuars ability to perform the duties of a particular job or position. A breach of the above covenants shall be regarded as a material breach of this contract. The contractor hereby agrees that any and all subcontracts to this contract, where -ty 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. The contractor will take affirmative action to insure that applicants for employment and employees arc treated without regard to their race, color, religion, national origin, ige, sex, heig-,ht, weight, marital status or a disabt.ity that is unrelated to the abinty to perform the. duties of a particular job or position. Such action shall include, but no: be limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of pay or other forms of coinpensationi and selection for training, including apprenticeship. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all quaLlied appicants will teceive consideration for emp:0\imenr w'it,,nout regard to race, color, religion, national origin, age, sex, height, weight, marital status or disability that is unrelated to the individual's abiliiy to rei .forin the duties or a particular job or position. The contractor or his eaective bargaining representative will send to each lahici union or representative of workers with which he. has a collective bargaining agreement or oil icr contri...ct or understanding, a notice advising the said labo: union or woil<ci -s' representative of the contactor's cornantments under this appendix. 6. The contractor wEl comply with all relevant published rules, regulations, directives, and orciets of the Michigan Civil Rights Commission which may be in effect pris.0 to the of bies or any individual state protect. The contractor wili furnish and file compliance reports within such time and upon such forms as provided by the Michigan Civil Rights Commission, said forms may also chcit info:ma:ion ics to the practices, policies, program, and empioyment statistics of each subcontractor as well as the contractor himself, and said contractor wid permit access to his books, records, and accounts by the Michigan Civil Rights Commission and/or its ag.crit„ for purposes of investigation to ascertain compliance with this contrxt and le:evant with itules, regulat.ons. and orders of the Michigan Civii Rights Comnission. 8.In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules. that a contractoi- has not complied with .the contractual ohli gallons under this agreenient, the Civil Rights Commission may, as part of its order based iport such findings, certify said findings to the Administrative Board of the State. of Michigan, which Acimhlistrative 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 politial and civil subdivisions, departments, and officers, and including the governin boards of institutions of higher education, until the. contractor complies with said order of the Civil Rights Commission. Notice of said declaration of future ineligibility may be given to any or all of the persons with whom the contractor is declared ineligible to contract as a contracting party in future contracts. In ary 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. 9. The contractor will include, or incorporate by reference, the provisions of the foregoing, pari.pii-aphs (1) through (8) in every subcontract or purchase order unless exempted by the rules, i-egulations or orders of the Michigan Civil Rights Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each subcontractor or seller. March 1998 Appendix B ero 101d1C3 CIVIL RIGHTS ACT OF 1964, TITLE VI - 49 CFR PART 21 CONTRACTUAL REQUIREMENTS Dunn g the pc:forman,.:e of this contract, the contractoi -, for itself. its assignees and sucecssors in interest (heremaner referred to as the "comractor) agrees as follows: Compliance with Regulations. Inc contractor will cfnoply with the Regulations relative to nondiscrimina:ion in federally assisted programs of the Department of Transportation (hereinafter "DOT') Tit:e 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 no discriminate on the grounds of race, color, or national origin in tile selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor will not participate either directly or indirect13, in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. Solicitation for Subcontracts, Including Procurement of Materials and Equipment. ln ail su ictations either by competitive bidding or negotiation made by the. contractor for to be performed under a subcontract, including procurement of materials of leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color., or national origin. Information and Repo -rts. The contractor will provide all information and reports required by the Regulations or directives issued pursuant thereto and will permit access to its hool<s, records, accounts, other sources of information, and its facilities as may be determined by :he Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any inrorination required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor will so cerify to the. sponsor of the FAA. as appropriate., and will set forth what efforts it has made to obtain the informat:on, Sanctions for Noncompliance. In the event of the contrack)r's noncompliance with the nondiscrimination provisions of this contract, the sponsor will impose such contract as It oi die FAA may determine to be appropriate, including, but not i,tniti.:d to, of 2 Withho:ding of payments to the contractor under the contract until the contractor comi::1.(2.5. and/or Cancellation, :ermination, or suspension of the contract, in whole Or in part. 6. Inco:-Doration of Provisions. The contractor will include the provisions of parag:aph th1'oc.E1; 5 in*every subcontract, including i-,locurenient of materials and leases or equipment, unless exempt by the Regu:ations or d irective ;ssued ptirsm:nt thereto. The coni7iie.ter vflJ take such action with respect to any suhcont:act o rocurenient as the sponsor or the FAA may direct as a means of enforcing such provisions including Linc'iions for noncompliance. Provided, however, that in the event a contractor :)ecomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of srtch !irection, 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 Unite States to enter into such litigation to protect the interests of the United State, of (Rvised October 1, 2005) APPENDIX C Assurances that Recipients and Contractors Must Make ;.E.N.ccrpts from US DOT Regulation 49 CFR 26, 3) A. Each linancia] assistance agreement signed will') a DOT operating ad rm.n,straticm (oi ;A rjrm .), r,!eipient) must inch& he following assurance: The rctcipieni shal: not discriminate on the basis of race, color, national origin, sex in the award and performance of any US DOT-assisted contract or nt 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 :o ensure nondiscrimination in the awald anci administration of US DOT-assisted contracts. The recipien:'s DBE program, as required by 19CFR Part 26 and as approved by US DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligaOn and failure to cm-y out its terms shall he treated as a violation of this agreement. Upon notification 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. refer the ma',ter for enforcement under 18 U.S.C. 1001 arK4,1-4,404worArn_Fraud Civil Remedies Act of 1986 U.S.C. 3801 et eq.). B. Each contract MDOT signs with a cormaclor (,and each sttocontract the phinc signs with a subcontractor) most include the. following assurance: The contractor, subrecipient or subcontractor shall not discriminae on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out ppplta-_))e requirements of 49 CFR Pam 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 territtion of this contract or such other remedy as the recipient deems appropriate. Airport Narre: Associated Project No: Oakland-Troy Airport Troy, Michigan D-1 6-0J18-loog APPENDIX F SPECIAL coNronorss RUNWAY PROTECTION ZONES The Sponsor agrees to take the following actions to maintain and/or acquire a property interest, satisfactory to the FAA, in the Runway Protection Zones: a. Existing Fee Title Interest in the Runway Protection Zone. The Sponsor agrees to prevent the erection or creation of any structure or place of public assembly in the Runway Protection Zone, as depicted OD t:ie. 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. Existing 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 air navigation or which might cieL7e SiaP," - or mis;eading lights or lead to the construction of residences, feel handling and storage facilities, smoke generating activities, or places of public assembly, stnth is churches. schools, office buildings, shopping centers, and stadiums_ AIR AND WATER QUAT LITY. 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 comp)) with this requirement may result in suspension, cancellation, or termination of federal assistance under this agreement. BUY AMERICAN REOUIREMENT. Unless otherwise approved by the FAA. the Sponsor wil: not acquire or pennil any contractor or subcontractor to acquire. any stenl or manufactured produc -,s produced outside the United States to be ::sed for any pro .;ent for airport development or noise. compatibility for which funds are provided under this gnint. The Sponsor will include in every contract a provision implementing this special c -ondition, WASTE DISPOSAL SITES. It is hereby agreed by and between the parties hereto that, within its authority, the Sponsor will net approve or permit the establishment or existence of v.'nste disposal site which Inn: been deternlino'd to be objectionable under the pre ,. nf FAA Order 5200.5A, dated January 31, :990, entitled "Waste Disposal Sires or Near Airports.' agn2.eurent, or 01-her controlling documents to perform cons:A -LK:non activities under this ginirt. any provisions which would: a. Requh-c 't-,c1ders, offerors, contractors, or subcontractors to enter into or adhere to agrcements with one or more labor organizations, on the same or other related construct nroject(s). or Otherwise discriminate against bidders, offerors, contractors. or subcontractors for refirsing to become or remain signatories or otherwise adhere to agreements with one or more labor organizations, on the same cr other related constructioil orojec: Cs:), or C. Require any bidder, offeror, contractor, or subcontractor to enter into, adhete to. or eii:orce any agreement that requires its einployces, as a condition of earmloy::-Emt, become members of or affiliated with a labor organizaton. or (2) pay dues or fees to a labor 4.r.,44nization, over an employee's object:on, in excess of the employee's share of labor organization Costs 7L'Ia:11g to collective bargaining, con:raet administration, or grievance c.djustinent. The Sponsor further agrees to require any contractor or subcontractor to agree to not ncludc any similar provision that would violate paragraphs a through c above in their contracts or subcontracts pertainihE,,, to the. projects under this grant. 6, PAVEMENT MAINTENANCE MANAGEMENT PROGRAM (PGL 95-2). For a project to replace or reconstruct pavement at the airport, the Sponsor shall implement an effective airport pa \_ement maintenance program as is required by the assurance in Section ITC. i 1 of the -Terms and Conditions of Accepting Airport Improvement Program Grants." The sh,d1 use such program for the useful life of any pavement constructed, reconstructed, or repaired with federal financial assistance at frie 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 L;se any form of inspection program it deems appropriate. As a illnimuirt. the program must include the following,: a. Pavement Inventory. The following ntust be depicted in an appropriate form and level of detail: (1) location of all runways. taxiways, and aprons; dimensions, (3 type of pavement, and; • year of construction or most recent major rehabilitation. For compliance. with the Airport Improvement Program (Alf') assnrances, pavements that have been constructed, reconstructed, or repaired with federal financial ,-2.sistance shah bc. dcnictf-fl. b. Inspection Schedule, neit-,(1 TrIcriPc'!011 . A in!!:n:1-....f.r..,,:!rrori -ne-d !It year, If a history of recorded pavement deterioration is mai I Paveincnt Condition Index (PC!) survey as set forth in Advisory Cir cular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements, the frequency of inspection may be extended t three years. Drive-By Ills-,-)cction. A drive-by inspection must be performed a minimum of once per :nonth to detect unexpected changes in the pavement condition. 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 minimum of five years. The. types of distress, their locations, and remedial aetion, scheduled or pt'rfermed, must be documented. The minimum information to be recorded :s listed is below: inspection date, location, distress types, and maintenance scheduled or performed. For drive-by inspectiiims, the date of inspection and any maintenance performed IlILISt be recorded. d. Information Retrieval. An an -port sponsor may use any form of record keeping it deeins 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. 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 pro;n -Specrfic types of distress, their probable causes, inspection guidelines, and recommended methods of repair are presented. AGENCY AGREEMENTS. The Sponsor will not amend, mod:fy, or terminate the agency relationship between the Sponsor, as principal, and the Michigan Aeronautics Commission. as ageney. created by the Agency Agreement without prior written approval of the FAA. SRE/AR.FF FOUIPMENT IN PROJECT. The Sponsor hereby covenants and agrees that property manaLiLement standards and records shall be established for that equipment which is tieing procured with federal aid and provided hereunder. Such records shall be maintained throughout tlie useful life of the property and, upon request, be made ."j\i'dilal -.)ie to appropriate FAA representatives. I ) (2, „ APPENDIA Prime Consultant Statement of DBE Saconsuitant Paments ir with -0) (TR tl) 7,01111.C11 primt-comulLint III inee-nirl corm VE,'Es June I , 200 I . ... PRIME CON- S ULTANT: 0 CHECK IF PRIM.E IS AUTHORIZATION NO. CONTRACT NO. NIDOT-DBE CERTIFIED - - BILLING PEFIOD: LI Check if Eitml Payment JOB NO. . . r _ _ CUMULATIVE At:ILA L. DBE (T:R.11E1E1) DBE SERVICES 10 ['-U DOLL A R ACTUAL AMOUN'[. PAID ALTHOR.I.Z.ED CONSZiLIANT IVOR.h. Com-RA cr VALVE OF DE.DUCTIONS AMOUNT DURING rIIIIS S/GNATI.,:RE DATE PERFORMED AMOUNT SERVICES PAIL) TO BILLING (Final Payment COMPLETED DATE. PERIOD Report OirIy ) _ -- - .. I - As the authorized representative of the abuyt,. l_liftle COIMOIUMLI. I state that, to the be:a ,A lily knovvIel.02, t]ii,,; iTlio.uriatica is ti ut and a.,,._ttratt•,, PRIME CONSULTANT'S .A1UTII0.RIZED REPRESENTATIVE TITLE , DATE (SIGNATURE): : , oWIONOMON.S11,T11 11n .11nnNommi l.. 1 •- • • _ , COMMENTS: CONTRACT ,WMINISTRATOR (Signature) C:onsultant mr AL.Iilori2..cd Representative" -refers ur:7L.Ipicrit..., I 1:2clei al f Liokis (it7rIl1td Part 26. DATE: INSTRUCTIONS staterner repo it,-; th•.. actual dollar auwunts of the proieet cost earned by and paid to DBE subconsiltants. Complete and subant to the Contract Achninistrator semi. annually. Some tolints inay he l)laa: if no1 .,.vyment was made SillCC the previous billing. For "Authori .zation No.., Contfact No. at id "Job No." as appropriate. use the numbers aNsif,ried by !vi DO'!'. JUL "Rdlin!J ieport the calendar oars covered by the For "Services Work Performed - report the main service performed by the subconsultant during the I CpO.LtIu period. For "Total Contract .A .r.nourit" report the total amount of the contract between the prime consultant and subconsultant. For "Cumulat .vu Dollar Value of Services Completed" report the total amount the subconsultant has earned since beginning the project.. F(.1t. "Deductic re..porl deductions made b n./ die prime consultant to the subconsultant's "C..umulativc Dollar Val tie Or Services Completed" for retaUlitge, bond or °the' fei s. tnatetia6, services or equipment provided 10 the :,.ubcon,stillarit according to mutual., pfier agreeiment (doeuirtentation of such .-Igreenient "Tray be ireqiiired by M.DOT). For "Actual Amount Paid to Date," 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 "DBL. Authorized Signature" for final payment only. Be sure to sig.', title and date this statement. .MDOT CCNTRACT ADMINISTRATOR: Complete "Cc .mTnents"i necessary, sign, date and forward to the Office of Equal Opportunity within seven (7) days of receipt. 0 t FISCAL NOTE #10073 April 22, 2010 BY: Finance Committee. Torn Middleton, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES — OAKLAND/TROY AIRPORT — 2010 GRANT PROGRAM ACCEPTANCE — PURCHASE SNOW REMOVAL EQUIPMENT AND ENGINEERING FOR REHABILITATION OF STORM DRAINS AND TAXILANES 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 Federal funds for the Michigan Department of Transportation Grant Contract No. 2010-0175. Federal Project No. D-26-0118- 1008, in the amount of $82,650, State funds in the amount of $2.175 and a required local grant match of $2,175 for the development and improvement of Oakland/Troy Airport. 2. The project consists of the purchase of snow removal equipment and development of engineering plans for the rehabilitation of storm drains and taxilanes at Oakland/Troy 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 $87,000 with $82.650 of the cost from Federal funds, $2,175 of the cost from State funds and $2,175 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 available within the Airport funa. FINANCE C9SATTEE r FINANCE COMMITTEE Motion carried unanimously on a roll call vote. • it- 1 Resolution #10073 April 22, 2010 Moved by Long supported by Woodward the resolutions (with fiscal notes attached) on the amended Consent Aprida be cl ctoulvd (with accompanying reports being accepted). AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, 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 in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPROVE TH\E-eREGOVG KELL:7i C;.:-\; 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, wrth 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. eat Ruth Johnson, County Clerk