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HomeMy WebLinkAboutResolutions - 2010.10.06 - 10300MISCELLANEOUS RESOLUTION #. L025 L October 6, 2010 BY: Planning and Building Committee, John Scott. Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES — OAKLAND COUNTY INTERNATIONAL AIRPORT — 200 GRANT PROGRAM ACCEPTANCE — SOUND ATTENUATION 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. 2010-0472, Federal Project No. I-26-0079-6710, for Federal funds in the amount of $171,000, and State funds in the amount of $4,500. for the development and improvement of Oakland County International Airport: and WHEREAS the project consists of Sound Attenuation at Oakland County International Airport; and WHEREAS the Michigan Department of Transportation snail 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 $4,500 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 $180.000, which includes a local grant match of $4,500, 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 A ILDING COMM TTEE PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roil call vote with Jacobsen, Cabello and Runestad absent. • GRANT REVIEW SIGN OFF — Central Services/Aviation — Oakland County International Airport GRANT NAME: 2010 Oakland County International Airport Grant Program -Sound Attenuation FUNDING AGENCY: Michigan Department of Transportation DEPARTMENT CONTACT PERSON: Karl Randall/Patricia Shull/ 248-666-3900 STATUS: Grant Acceptance DATE: September 14, 2010 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant aDreementkontract, Finauce Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to he 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 (916/2010) Department of Human Resources: Approved. — Cathy Shalial (9/3/2010) Risk Management and Safety: Approved by Risk Management. — Andrea Plotkowski (9/9/2010) Corporation Cannot: There are no outstanding legal issues concerning the two above grants. — .The'den Shortley Blas -zeiak (9/10/2010) COMPLIANCE lie 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. IAA Airport and Airway Improvement Act of 1982 hgp:fiecfr,vsLasszs.govic2i/t/text/text- idx?e=ecfus..-----dry5 .yiew=textnode----43%3A2.1.1.2.31;idno=43:sid=020bb71109933456235aea44e1:9a94 9c;ce...--ecfr FAA Advisory Circular ISO/5100-14 http://www ,faz..g0V/a1Q0rts a in raffielairoorts/reso tu -ces/advisorv_cire Wars/media/ I 50-5100- 141://1 SO 5100_14d.pdf Single Audit Act of 1984 with ame»dments in 1996) audihia Federal Office of Management and Budget (MB) Circular No. A-133. litl.E:flurww.whitehouse.g.oviornbicircularsial33.'a133_1atrn1 Michigan — State Trunk Line Highway System Act 51 of 1951 ht:tI1giJaturerni. govidoc.aspx?mci-act-51-of-1951., Disadvantaged Business Enterprise Program (49 CFR, Part 26) lAD:Pfrwebeatel access,vo.gov/eg - biniviaiss,ate.cgi?WAISdocia=-62758523l372+0+0-0&WAISaction--retrieve FAA "Terms and conditions of Accepting Airport Improvement Program Grants" http.././www.faa .oyfairpoits airtraffic/airportsiregi()T,al_guidancelsouthern/aipirnediaiaip _grant terms pia riniAg.pdf Federal Civil Rights Act of 1964 http://v.rww.usdojzoviert/cor/index.htra Regulations of the 'United States Department of Transportation (49 CFR, Part 21) hap:illy-km. a ccss. gpo govinaraicfriw aisidx 04/49c ft-21_04.111n-ll State Contracts with certain employers prohibited (Act 278 of 1980) http://www.legislature.mizo0 Sfhociya450bbknisOimuzpajc) /m)x?page---getObject&objectNarne ,=--m0-Act-278-of-19g0 National Labor Relations Act (29 USC 158) - section 8 of Chapter 372 http: liwww gbvia bout us/overview/national labor_relatioas_act.apx Michigan — Antitrust Reform Act (Excerpt) Act 274 of 19M (NICL 445.771 - .788, excluding section 4a) htTlilegisikturezii,gowdoc.aspx?rnel-445-771 Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" goVklig3lxgeltmrj5z55z2uivrv45)/paileg.aspx?page--zetobject4._.1kcelliamen ci-Act-453-of-19768Eque Michigan Persons with Disabilities Civil Rights Act "Act 220 of 1976" lam://www.legislature.mi.u 3 .1)g_LL uiwwiaailezAsax?.page=gfda'ect8lobjectname=m cl-Act-220-of-1976&queryid-14718589 Department of Transportation Construction Contract Equal Opportunity Compliance Procedures (23 CYR Subpart D) 1_11://edocket.access.wo,gov/cfr 201 Q.Lortrx/pcif/23 cfr230,405.pdf Executive Order 11246 - EEO and Affirmative Action Guidelines for Federal Contractors Regarding Race, Color, Gender, Religion, and National Origin http://www.dol.govfmlofe/regsfoompthanceifs11246.htm Title VII of the Civil Rights Act of 1964 (FL. 88-352) Departmeut of Transportation Federal Highway Administration (FHWA) responsibilities (23 CFR Part 230405) i2.11.p.i/euocices.,acixss.,o,7610ia trotii723eir230.4C6.pen: CONTRACT NO. 2010-0472 FEDERAL PROJECT NO. 1-26-0079-6710 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 by and between the Michigan Department of Transportation, hereinafter referred to as the "DEPARTMENT," and County of Oakland, hereinafter referred to as the "SPONSOR," for the purpcse of fixing the rights and obligaOns of the parties in agreeing to the following undertaking at the Oakland County International Airport, whose associated city is Pontiac, Michigan, such undertaking bereinafter referred to as the "PROJECT," estimated in detail in Exhibit 1, dated August 11, 2010, attached hereto and made a part hereof. PROJECT DESCRIPTION: SOUND ATTENUATION. WIFNESSEra WHF:RILAS, 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 Abatemen: Act of i979: and WHEREAS, the DEPARTMENT has received a block grant from the Federal Aviation Administration (FAA) for airport development projects; and WHEREAS, the DEPARTMENT is responsible for the allocation and :rianagetnent of bock grant funds pursuant to the above noted act; NOW THEREFORE, the parties agree; 1. The term "PROJECT COST," as herein used, is defined in Attaehment(s 3, attached hereto and made a part hereof. The PROJECT COST will also include administrative u.rizzR by the r)PPAR TNifF \TT in ,-rTTIPPr;oP with thP, NMI costs incurred b the SPONSOR are not eligible PROJECT COSTS, 8/25/2010 PUBLIC BLOCK GRANT 2 yin; Conclernriation Attornt-1xpe1 Witnes s $L3 so $O SO Sc Exhibit Cal<Jand Col.mty Ir.tertaonal Pontiac,. Kchigar, 1-26-0079-67) S/iii2C)0 Federal State Loi,-el TotaI ADIZN'ISTRATiCA $1,9J0 550 ¶50 DEPAFTMEN7 - AERO S ,90C 5.-F0 $50 5:69,1(0 S4,4:3C`, $176,000 Sc at".tr.na.i:cr. 2CO prczrar., progrza ifis!llation or 1:crnt:s. Parcel Cost ;Estir:e) SC So So .:.--k,, .Percoation Assistonoe. (est, SO $0 $O IC Cloing Ccst So SO 5: So CQnsultant 'Cest5 Exhibit A Cost SO 50 SO 50 Phase 1 ESA Cost ¶0 SO S0 S'‘.: Preliminary Interview $0 Se $0 50 . CoordinafoniDuourrentation SO IC $0 SC' Acqueition/Clo5in.',1 Cost $0 SO 5:, .SC Apvaisa: Cost SO K SC So Appraisal :Review Cost S3 51:1 So $C, Re$,Gcation Cost SO $0 10 50 Dernoliticr!, Cost SO $0 so SO lite Costs SO IL $D SC Exhibit X Cost 50 50 SO 53 Survey Cost SO $C: $:, SC Misc Ur-'oo CDs: 516:;,::::0 14153 54,450 117S,0C[j 3z-,..z1;] atleurii..1; !_:l ii;s!.:ilatior.;.- G horneE pl;a5e1 1 5. LAND DESIGN CONISTRUCTICN cONT,NGENCiES Contin ::,encies TOTAL P3JECT EiL:DGE:T $17i3ODO £4,500 5: SC,00C THE SPONSOR WILL: 2. 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 se47..et the consultant for a:I other aspects of the PROJECT. AU 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 charge to the consultant contract will require prior written approval from the DEPARTMENT. 1.11 the event that the consultant contract is terminated, the SPONSOR will give immediate written notice to the DEPARTMENT. Make payment to the DEPARTMENT for the SPONSOR's share of the PROJECT COSTS within thirty (30) 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. 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 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 bil:ing will be reduced by the amount 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 will he 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 regard to audits and record-keeping, The SPONSOR will establish and maintain accurate records ; in accordance with generally accepted accounting principles, of all expenses incurred for which payment is sought or made under this Contract, said records to be hereinafter referred to as the "RECORDS." Separate accounts will be established and maintained for all costs incurred under this Contract. a. 8/25/2010 2 PUBLIC BLOCK GRANT 2 viw b, Audit and inspection. The SPONSOR will comply with the Single Audit Act of 1984, as amended, including, but not limited to, the Single Audit Amendments of 1996 (31 U.S.C. 7501-7507) the OIVIB Circular A-133, as revised or amended, and the provisions of 1951 PA 51; MCI 247.660h; M•A 9.1097(10i), as -applicable, that is in effect at the time of Contract award with regard to audits. Agencies expending a 'otal of Five Hundred Thousand Dollars (S500,000.00) or more in federal funds from one or more funding sources in tlacii- fiscal year will comply with the requirements of the fedora) Office of Management and Budget (OMB) Circular A-133, as rcvised or amended. The SPONSOR will submit two (2) copies of: The Reporting Package The Data Collection Package The utanagement letter to the SPONSOR, if one issued by the audit firm The OlvlB 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 Dollars ($500,000.00) in federal funds must submit a letter to the DEPARTMENT advising that a circular audit was not required. The tette: will indicate the applicable fiscal year, the amount of federal funds spent, the name(s)of the DEPARTMENT federal programs, and the CFDA gi-ant numbers). This information must also be submitted to the address beiow. 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 applicaNe state laws and regulations reatiye to audit requirements. Agencies will not charge audit costs to the DEPARTMENT's federal programs that re Mit in accordance with the aforementioned 0M13 Circular A-133 requirements. vi. Al agencies are subject to the federally -required monitoring af.:-,tivitie:s, whic% may and ,:-;t1',er Sr5/1 010 3 PUBLIC BLOCK GRANT 2 vlw The federal award associated with this Contract is CFDA Arport Improvement Program number 20.106, Federal Project Number 1-26- 0079-6710, award year 2030, Federal Aviation Administration, Department of Transportation. e. 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 :hereafter continue to maintain the RECORDS at least until that dispute has been finally decided and the time for all available challenges or appeals of that decision has expired. d. The DEPARTMENT or its representative may inspect, copy, or audit the RECORDS at any reasonable time after 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 will be provided by the SPONSOR or its subcontractors to the DEPARTMENT upon :.equest. The SPONSOR agrees to permit representatives of the DEPARTMENT to inspect the 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 he 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 completion of work associated with the subcontract no later than ten (10) calendar days from the receipt of each payment the prime contractcr receives from the DEPARTMENT or SPONSOR. The prime contractor also is required to return :'etainagt• payments to each subcontractor within ten (10) calendar days after the subcontractor's work s satisfactorily completed. 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 al: sub-tier subcontractors and will he made a part of all subcontract agreements. This prompt payment provision is a requirement of 49 CFR, Part 26, as amended, and dot.!s 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. ^ ' • , it Lc,..1-Lp1;. with .9 win report any and all DBE subcontractor payments to the DEPARTMENT erni 8/25/2010 4 PUBLIC BLOCK GRANT 2 Ow annually in the format set forth in Appendix CI, dated June 1, 2001, attached hereto and made a part hereof, or any other fortnat acceptable to the DEPARTMENT. 7. In the performance of the PROJEC1 herein enumerated, by itself, by a subcontractor, 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 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 jrnprovement 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 C;Irowth 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, pa,,.:Tient of all PROJECT COSTS, and completion of necessary audits. Any excesses or deficienews will he returned or billed to the SPONSOR. IT IS FURTIIER AGREED: 1). The PROJECT COST participation is estimated to be as shown below and as lit the attached Exhibit 1. Exhibit 1 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 GRAM' 2 vl 8/25/2010 Federal Share $171,000.00 Maximum DEPARTMENT Share ¶41,500.00 SPONSOR Share S4.500,00 Esthricrted PROJECT COST $180,000.00 i 2. 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 will be applied to the federally-funded parts of this Contract at a rate not to exceed ninety-five percent 95%) up to and not to exceed the maximum federal obligations shown in Section 11 or as revised in a budget letter, as set 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 (90%) up to and not to exceed the maximum DEPARTMENT obligation shown in Section J. For portions of the PROJECT where only DEPARTMENT and SPONSOR funds wili be applied to the final settlement, DEPARTMENT funds will he 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 ongations shown in Section 11 or as revised in a budget letter, as set forth in Section 14. Any items of PROJECT COST not funded by FAA or DEPARTMENT funds wiE be the. sole responsibility of the SPONSOR. DEPARTMENT funds in this Contract made available through legislative 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 cos ts reported to the DEPARTMENT for thi s Contract will represent only those items that are properly chargeable in accordance with this Contract, The SPONSOR also certifies that it has read the Contract terms and has made itself aware of the applicable laws, regulations, and terms of this Contract that apply to the report ing cf costs incurred under the terms of this Contract. 14. The PROJECT COST shown in Section 11 is the maximum obligation of DEPARTMENT and federal funds under this Contract. The maximum obligatior, of DEPARTMENT and federal funds may be adjusted to 2111 amount less than the maximums shown in Section 11 through a budget letter issued by the DEPARTMENT. A budget leaer will be used when updated cost estimates for the PROJECT reflect a change in the amount of fun& needed to fond all PROTECT COSTS. The budget letter wei be signed by the Administrator of Airports Division of the Multi -Modal Transportation Services Bureau (Aeronautics). A hudgc', t-c; add C1.- frc:n PP(ITCT description, provided that the costs do not exceed the maximum obligatiolv of Section I 3. PUBLIC BLOCK GRANT 2 vi 8/25/2010 i. If the tout) amount of the PROJECT COST exceeds the maximum obligations shown in StCtiCI1 I:, 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 be either insufficient funds or insufficient time to properly administer such funds for the entire PROJECT or portions thereof, the DEPARTMENT, prior to advertising or authorizing work performance, may cancel the PROJECT or any portion thereof by giving written notice to the SPONSOR. In the even: this 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. 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 even; 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 Notice of Audit Results, the SPONSOR will (a) respond in writing to the responsible Bureau of the DEPARTMENT indicating whether or not it concurs with the audit report, (b) clearly explain the nature and basis for any disagreement as to a disallowed item of expense, and submit to the DEPARTMENT a written explanation as to any questioned or no opinion expressed item of expense, hereinafter referred to as the "RESPONSE" The RESPONSE. will he dearly 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 docmentaciort 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 i:ern of expense and authorizes the DEPARTMENT to finally disallow any items of questioned or no opinion expressed cost. The DEPARTMENT will make its decision with regard to any Notice of Audit Results and RESPONSE within one hundred twenty (120) days after the date of the Notice of Audi( Results. If the DEPARTMENT determines that an overpayment has been made to the SPONSOR, the SPONSOR will repay that amoun. to the DEPARTMENT or rearh ay-cement 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 rei..lay the Overpayment or reach agreement with the. DEPARTMENT on a repayment schedule. (30 .) day pe.A ,t)t.. SPONSOR agiees th,• DEP,A1;.-TMENT deduct all or a portion of the overpayment from any funds then or thereafter payable by 8/25/2010 7 PUBLIC BLOCK GRANT 2 vim.. 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 fuli. The assessment of interest will begin thirty (30) days from the date of the invoice, The rate of interest win be based on the Michigan Department of Treasury common cash funds interest earnings. The rate of interest will he 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 was disputed by the SPONSOR in a timely filed RESPONSE. 17. This Contract will he 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 Con:ract 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 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 amounts 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 approva;s, acceptances, reviews, and inspections of any nature by the DEPARTMENT will not be eons:rued 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 of the DEPARTY1ENT, 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 no relieve the SPONSOR of its obligations hereunder, nor are such approvals, acceptances, reviews, and inspections by the DEPARTMENT tc be construed as a warranty as to the propriety of the SPONSOR's performance. but are undertaken for the sole use and information of the DEPARTMENT. 20. In connection with the performance of PROJECT work under this Contract. the parties (hereinafter in Appendix A referred to as the "contractor") agree to comply with the State of Michigan provisions for "Prohibition of Discrimination in State Contracts,' as set forth Ui Appendix A, attached hereto and made a part hereof. The parties further covenant that they %mil; comply with the Civi] 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 21) issued pursuant to said Act, including Appendix B, attached hereto and made a part hercof, an ta, o-.,c.nants thc c.f ni-r; ';tibcnilrw.‘tor etrp4.)yed in the performance of tbis Contl -aet. 8/25/2010 - 8 PUBLIC BLOCK GRANT 2 viw The SPONSOR will carry out the applicable requirements of the DEPARTMENT's Disadvantag.ed Business Enterprise (DBE) program and 49 CFR Part 26, including, but no limited to, those requirements set forth in Appendix C, dated October 1, 2005, attached hereto and made a part hereof. 21. In accordance with 1980 PA 278: MC1_, 423.321 et ss_q; IvISA 17.458(22 .), et seq, the SPONSOR, in the performance of this Contract, will not enter into a contract with a subcontractor, manufacturer, or supplier listed in the register maintained by the 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 during the preceding seven (7) years for failure to correct an unfair labor practice, as prohibited by Section 8 of Chapter 372 of the national Labor Relations Act, 29 USC 158. The DEPARTMENT may void this Contract if the name of the SPONSOR or the name of a subcontractor, manufacturer, or supplier utilized by the SPONSOR in the performance of this Contract subsequently appears in the register during the performance period of this Contract, 22. 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, Sections 1 - 15, and/or 1984 PA 274, MCL 445,771 - .788, excluding Section 4a, 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 wtre 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 becomes 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 thereof will be the sole, responsibility of the party/parties to the contract that is/arc the subject of the controversy, It is understood and agreed that any legal representation of inf-1/(- Of the SPONSOR. 8/2512010 9 PUBLIC BLOCK GRANT 2. v./ v-c. 24. The DEPARTMENT and the FAA will not be subject to any obligations or liabili:ies by 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 soiicitation 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 immunity from tort claims. This Contract is not intended to nor will it be interpreted as giving either party a right of indemnification, either by Contract or at law, for claims arising out of the perforrnance of this Contract. 26. in case of any discrepancies between the body of this Contract and any exhibit hereto, the body of the Contract wi)1 govern. 8/25/2010 10 • PUBLIC BLOCK GRANT 2 IJIA, This Contract MI] become binding on the parties and of full force and effect upon siii -Ung by the duly authorized representatives of the. SPONSOR and the DEPARTMENT and upon adoption of a resolu:ion approving said Contract and authorizing the signature(.0 thereto of the respective representative(s) of the SPONSOR, a certified copy of which r2solution will be sent to the DEPARTMENT with this Contract, as applicablc. IN WITNESS WIIEREOF, the parties have caused this Contract to be awarded_ COUNTY OF OAKLAND By: Tit!c MICHIGAN DEPARTMENT OF TRANSPORTATION By: Titio: Department Director 8125/2010 ii PUBLIC BLOCK GRANT 2 3. . • ATTACHMENT 3 (A eror,auiLs) SUPPLEMENTAL PROVISIONS FOR FEDERAL/STATE/LOCAL CONTRACTS INVOLVING LAND ACQUISITION AT ALL CLASSIFICATIONS OF AIRPORTS The term PROJECT COST, shall include the costs necessary for the performance of the PROTECT work including related engineering, title research, appraisals, negotiations, acquisition, relocation of displaced persons and businesses, structure removal, legal and litigation costs and attorney fees, the costs of technical guidance, and monitoring incurred in connection with the PROJECT. If the PROJECT is canceled or the SPONSOR ceased acquisition on a voluntary basis, all costs, fees and damages Bowed shall be the responsibility of the SPONSOR. If the SPONSOR discontinues or abandons any condemnation case, the SPONSOR shall be responsible for all costs, fees and damages allowed at law or equity. it is further agreed that any claims filed alleging a constructive or de facto taking shall be the responsibility of the SPONSOR with regard to damages, costs, interest, and attorney fees. The SPONSOR hereby agrees that it will maintain said Airport in full operating condition on a year-round basis for a period of twenty (20) years in accordance with gemal utility licensing requirements set forth by the Michigan Aeronautics CoMilliSSiOrl rules and regulations. During this period, the Airport shall not be abandoned or permanently closed without the express written permission of the DEPARTMENT. During this period and beyond for and purchased under the project, the SPONSOR, when the land is no longer needed for airport purposes, shall dispose of such land at fair market value and make available to the DEPARTMENT an amount equal to the. DEPARTMENrs proportionate share of the current fair market value of the land. 4. In addition to the requirements of paragraph 3 of these supplemental provisions, and not in lieu thereof, should the SPONSOR desire to abandon, close, sell or otherwise divest itself of the airport or any portion thereof, thc SPONSOR agrees to also provide to the DEPARTMENT a prior written notice of any such intent giving the DEPARTMENT, fcir 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 he determined by an independent appraisal of such properties. The notice of intent and first right to purchase shall be provided via registered or certified mail, return receipt, postage prepaid, addressed to the Deputy Director of the Multi- Modal Transportation Services Bureau (Aeronautics), Michigan Department of Transportation. 1 of 2 5. The SPONSOR will operate and maintain in a safe and serviceable condition the Airport and ail 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 wh;c17, would interfere with its use for airport purposes; provided that nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure. or facility which is substantially damaged or destroyed due to any act of God or other condition or circumstances beyond the control of the SPONSOR. 6. The SPONSOR will, either by the acquisition and retention of easements or other interests in or rights for the use of land or airspace, or by the adoption and enforcement of zoning regulations, prevent the construction, erection, alteration 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 will make the airport available, as an airport, for public use, to all types, kinds and classes of aeronautical use on fair and reasonable terms and without unjust discrimination, Rates charged to aeronautical users will be determined on the basis of the cost to the SPONSOR of providing the facility. in any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person. firm, or corporation to conduct or engage in an approved non-aeronautical activity, the SPONSOR will charge fair market value for the right to conduct such activity. During this period, all revenues generated by the airport, for either aeronautical or non-aeronautical activities, will be cxpentieci for the capita: or operating costs of the airport; the local airport system; or other local facilities, which are owned or operated by the SPONSOR and directly and substantially related to the actual air transportation of passengers or property, 2 of 2 APPENDIX A PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS The Michigan Department of Transportation has a responsibilitY to ensure that contractors comply with federal contracting requirements, including equal opportunity requirements, and to assist in and cooperate with Federal Highway Administration (FHWA) programs to ensure that equal opportunity is afforded to all. In connection with the performance of work under this contract, the contractor, for itself, its assignees, and its successors in interest (hereinafter referred to as the "contractor"), agrees as follows: In accordance with Public Act 453 of 1976 (Elliott-Larsen Civil Rights Act), the contractor shall not discriminate against an employee or applicant for employment with respect to hire, tenure, treatment, terms, conditions, or privileges of employment or a matter directly or indirectly related to employment because of race, color, religion, national origin, age, sex, height, weight, or marital status. A breach of this covenant will be regarded as a material breach of this contract. In accordance with Public Act 220 of 1976 (Persons with Disabilities Civil Righls Act), as amended by Public Act 478 of 1980, the contractor shall not discriminate against any employee or applicant for employment with respect to tenure, terms, conditions, or privileges of employment or a matter directly or indirectly related to employment because of a disability that is unrelated to the individual's ability to perform the duties of a particular _job or position. A breach of the above covenants will he regarded as a material breach of this contract. Furthermore, on any federally-assisted contract, the contractor and subcontractor shall comply with the equal employment opportunity provisions of 23 CFR Subpart D-- Construction Contract Equal Employment Opportunity Compliance Procedures, 49 CFR Part 21—Non-Discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civii Rights Act of 1964, Executive Order 11246, Title VII of the Civil Rights Act of 1964 (Title VII), Public Act 220 of 1976, and Public Act 453 of 1976. The contractor will take affirmative action to ensure that applicants for employment and employees are treated without regard to their race, color, religion, national origin, sex, height, weight, marital status, or any 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; treatment; upgrading; demotion or transfer; recruitment; advertising; layoff or termination; rates of pay or other form ., of compensation; and selection for training, including apprenticeship. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, age, sex, height, wciFht. marital or dkabiFty that is tinrti.la.ted tr) tbet perfor7n the duties of a particular job or position. 4. The connwtor or its collective bargaining representative shall send to each labor union or representative of workers with which the contractor has a collective bargaining agreement or other contract or understanding a notice advising such a.hoi - union or workers repcesentative of the contractor's commitments under this Appendix. 5. The contractor shall comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil Rights Commission that may be in effect prior to the taking of bids for any individual state project. 6. The contractor shall furnish and file compliance reports within such time. and upon such forms as provided by the Michigan Civii Rights Commission; said forms may also elicit information as to the practices, policies, program, and employment statistics of each subcontractor, as well as the contractor itself, and said contractor shall permit access to the contractor's books, records, and accounts by the Michigan Civil Rights Commission and/or its agent for the purposes of investigation to ascertain compliance under this contract and relevant rules, regulations, and orders of the Michigan Civil Rights Commission, In the event that the Michigan Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has not complied with the contractual obligations under this contract, the Michigan Civil Rights Commission may, as a part of its order based upon such findings, certify said findings to the State Administrative Board of the State. of Michigan, which State Administrative Board may order the cancellation of the conuact found to have been violated and/or declare the contractor ineligibie for future contracts with the state and its political and civil subdivisions, departments, and officers, including the governing boards of institutions of higher education, until the contractor complies with said order of the Michigan 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 any case before the Michigan 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 Michigan Civil Rights Commission to panicipate, in such proceedings. 8. The. contractor agrees to cooperate. with the Department's Project Manager or designee and the Department's Equal Employment Opportunity Office: to resolve any complaints brought against the contractor or any subcontractor on any federally assisted project or program by an employee, applicant for employment, or employee of the Department, regardless of whether or not the employee is employed by the contractor. subcontractor, Or the Department, or is an applicant for employment, alleging prohibited discrimination. Prohibited discrimination includes, but is not limited to. sexual harassment, racial discrimination, and other protected categories set forth under Tile Vll and Pak Act 453 of :976. (-,-,T7+1-nrrcYr .vith 23 CFR Subpart D and Executive nrcle;. 1246, and such, the contractor or subcontractor shall conduct a prompt, thorough, and fair investigation of all complaints brought forward under Title VU. and Public Act 453 r7 1976. in cooperation with the Department's Equal Employment Opportunity Officer, 30. The contractor shaL provide a written report detailing the. findings of the irivstigatioti to the Department's Project Manager and Equal Employment Opportunity Officer when the complaint made against the contractor is by a Department employee, or by an applicant for employment, The Department's Equal Employment Opportunity Officer shall review the report for compliance with 23 (21-R Subpart D. It is the Department's intent to correct any current acts and prevent any future acts of discrimination arising out of a Title VII or Public Act 453 of 1976 complaint. Title VI complaints will be addressed through the Contractor Compliance Section in the Department's Office of Business Developmen:. The contractor shall include or incorporate by reference the provisions of all applicable covenants set forth in Sections 1 through 10 above in all subcontracts and purchase orders unless exempted by rules, regulations, or orders of the Michigan . Civil Rights Commission; all subcontracts and purchase orders will also state that said provisions will be binding upon each subcontractor or supplier. Application: 1, On any federally assisted contract, the. contractor and subcontractor agree to comply with the equal employment opportunity provisions of 23 CFR Subpart D. 49 CFR Part 21, Executive Order 11246, Title VII, Public Act 220 of 1976 ) and Public Act 453 of 1976. FHWA responsibilities under 23 CFR Part 230.405: The FHWA has the responsibility to ensure that contractors meet contractual equal opportunity requirements under Title 23 USC and to provide guidance and direction to states in the development and implementation of a program to ensure compliance with equal employment opportunity requirements. 3. FHWA Order 4710.8 clarifies that the Office of Federal Contract Compliance Programs of the Department. of Labor has exclusive authority to determine compliance with Executive Order 11246 and its implementing regulations. 4. Failure of the Department to discharge the responsibilities set forth in 23 CFR Part 230.4050))(1) may result in the US. Department of Transportation taking any or all of the following actions (see 23 (;FR Part 630, Subpart C. Appendix A): canceling, terminating, or suspending the federal aid project agreement ir whole cr in part; ii) refraining from extending any further assistance to the Department for the program under which the failure or refusal occurred until satisfactory assurance of compliance is received from the Department; and iii referring the case to the appropriate federal agency for legal proceedings. 11. Revised March 2010 Appendix B (Aeronau:Ls) CIVIL RIGHTS ACT OF 1964, TITLE VI - 49 CFR PART 23 CONTRACTUAL REQUIREMENTS During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: Compliance with Regulations. The contractor will comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter "DOT-) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (liereinafter referred to as the Regulations), which are heroin incorporated by reference and made a part of this contract. 2. 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 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 Equipnient. In all solicitations either by competitive bidding or negotiation made by the comractor for work to be performed under a subcontract, including procurement of materials of leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor will provide all information and reports required by the Regulations or directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration ,FAA .) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor will so certify to the sponsor of the FAA, as appropriate, and will set forth what efforts it has made to obtain the inWmation. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the FAA may deternii;le 10 be appiopriate, ifJcluding, but not li1jtJ to: l 01- '2 a, Withholding of payments to the contractor under the contract until the contractor complies,. and/or b. Cancellation, tern-Una:ion, or suspension of the contract, in whole or in part, 6. incorporation of Provisions, The contractor wd include the provisions of paragraphs I through 5 in every subcontract, including orocurement of materials and leases of equipment, unless exempt by the Regulations or directive issued pursuant thereto. The eonIractor 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 sanc:ions 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 di;ection, 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 cater into such litigation to protect the interests of the United S:a:es. (Revised October 1,2005) APPENDIX C Assurances that Recipients and Contractors Must Make (Excerpts from US DOT Regulation 49 CFR § 26.13) Each financial assistance agreement signed with a DOT operating adminktration or a primary recipient .) must include the following assurance: The recipient shall not discriminate on the basis of race, color, national origin, or sex 41 tile 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 the award arid administration of US DOT-assisted contracts, The recipient's DBE program, 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 ow its terms shall be 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 matter fat enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). Each contract MOOT signs with a contractor (and each subcontract the prime 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 contractor shall carry 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 ir the termination of this contract or such other remedy as the recipient deems appropriate. Airport Same Associated City: P1-0j`, No: Oakland County International Airport Pontiac, Michigan I-26-0079-6710 APPENDIX F SPECIAL CONDITIONS RUNWAY PROTECTION ZONES The Sponsor agrees to take the following actions to maintain and/or acquire a property interest, sat factory to the FAA, in the Runway Protection Zones: a. Existin2 Fee Title interest in the Runway Protection Zone,. The Sponsor agreesto prevent the erection or creation of any structure or place of public assembly 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. 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 create glare or misleading lights or lead to the construction cf residences, fuel handling and storage facilities, smoke generating activities, or places of public assembly, suci as drachm schools, office buildings, shopping centers, and stadiums. A.ND WATER QUALITY. Approval of the project included in th is 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 mquirernent may result in suspension, cancellation, or termination of federal assistance under this agreement. 3. BUY AMERICAN RF.T.IIREMENT. Unless otherwise approved by the FAA, the Sponscr will no: acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside. the United States to be used for any project 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 condition. 1„\IASTE DISPOSAL. SITES. It is hereby agreed by and between the parties hereto that, within its .-inthority, the Sponsor will not approve or permit the establishment or existence cf a waste disposal site which has been determined to be objectionable under the provisions of FAA Order 5200.5A., dated January 31, 1990, entitled 'Waste. Disposal Sites On or Near Airports." OPEN BIDDING. Th:', Sponsor agrees not to include in any bid specificatioi, procct or /-.)})e..r nmrolling rineurtiev)rR to perform constmlion activittec under this grant. any provisions which would: Require bidders, offerors, contractors, or subcontractors to enter into or Jdhere to .i2refffri.erits with one or more, labor orwnizations, on the same or ether tei aced t...;:mstruction project(s), cr -1- b. Otherwise discriminate against bidders, offerors, contractors, or 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 prcjecqs;, or e, 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 ; (1 . become members of or affiliated with a labor owanization, or (2) pay dues or fees to a labor organization, over an employee's obicetion, in excess of the employee's share of labor organization costs :elating to collective bargaining, contract administration, or grievance adjustment, The Sponsor further agrees to require any contractor or subcontractor to a2rce 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 MAINTENANCE MANAGEMENT PROGRAM (PGI. 95-2). f-or 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.11 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, cr repaired with federal financial assistance at the airport. An effective pavement maintenance management prograrn 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 must be depicted in an appropriate form and level of detail: location of all runways, taxiways, and aprons; dimensions; type cf pavement, and; year of construction or most recent major rehabilitation. For compliance with the Airport Troprovernent Program (ALP) assurances, pavements that have been constructed, reconstructed, or repaired with federal financial asistance shall be so depicted. b. Inspection Schedule. ( l) De.tailed Irts_aection, A detailed inspection must be performed at ['east once a year. If a history of recorded pavement deterioration is available, i.e., Pavement Condition Index (PC) survey a set forth in Advisory Circular 1501538043, "Guidelines and Procedures for Maintenane.e of Airport Pavements, the frequency of inspection may be extended t three years_ Drive-By Inspection. A drive-by insrection must be performej a minimum of once pet inonin to tit:Leet. uncApt;Lwd CIM jii (2) (3) (4) c. Record Keeping. Complete information on the findings of all de.tailed 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, arid remedial action, scheOuled o7 performed, must he aocumented. The minimum information to be recorded is listed is below: (1) inspection date, (2) location, s`3) distress types, and (4) maintenance scheduled or performed. For drive-by inspections, the date, of inspection and any maintenance performed must be recorded. Information Retrieval. Ail airport sponsor may use any for= 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. Reference. Refer to Advisory Circular 150/53E0-6, '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, inspection guidelines, and recommended methods of repair are presented. 7. AGENCY AGREEMENTS. The Sponsor will not amend, modify, or terminate the agency relationship between the Sponsor, as principal, and the Michigan Aeronautics Commission, as agency, created by the Agency Agrement without prior written approval of the FAA. 8. LAND ACQUISITION FOR NOISE COMPATIBILITY. The Sponsor agrees that Jana in this prcjert purchased for noise compatibility purposes may be subject to disposal at the earliest practicable time. After Grant Agreement, the FAA may designate such ;and which must be sold by the Sponsor. The Sponsor will use its best efforts to so dispose of such land subject to retention or reservation of any interest or right therein necessary to ensure that such land is used only for purposes which are compatible with the noise levels or operation of the airport. The proceeds of such disposition either shall be refunded to the United States for the Airport and Airway Trust Fund on a basis proportionate to the United States' share of the cost of acquisition of such land, or shall be reinvested in an approved project, pursuant to such instructions as the FAA shall issue. _EXHIBIT A, It is understood and agreed by and between the parties hereto that notwithstanding the fact that this Grant Offer is made and accepted upon the basis of the _Exhibit "A" property map, the Sponsor hereby covenants and agrees that it will update said Exhibit "A - property map to standards satisfactory to the Department and submit said documentation in final form to the Department for approval. It is further mutually agreed that the reasonaNe oust of developing said Exhibit "A" property map is an eligible administrative. cost for participation Withiti the scope of this project. - 3 - APPENDIX G Prime Consultant Statement of DBE Subconsultant Payments hi tor u!. 7CEIT.6 in ;ACCUldaTICt; ./9 CH §2.6..37 ircholf.11.ftrili!leS5 of the prim .. Loosultant iti nittultp k:ontractual 01-qmations to June I , 2001 PRIME COW I:TANT: FiCIIECK IF PRIME IS AUTHORIZATION NO. CONTRACT NO. MOT-DBE CERTI14'1ED BILLING PERIOD: 0 Check if Final Payment JOB NO. r- CUMULATIVE ACTUAL DBE CERT' ITH DBE S ER VICES TOTAL DOLLAR ACTUAL AMOUNT PAID AUTHORIZED CONSI:LTANT WORK CONTRACI VALUE OF DE DI !CTEONS ANIOUNT DIMING TII IS SR NAT( FR! It AT.E PERFORMED A mouNT SERVICES PAID TO BILLING (Final Payment CO MM.. Ella) DATE PERIOD Report Only) ______ ,.._.. —1— _ — — — As the authorized iepresentative cif the ANNE: prime consultant, I state that, to the best of my knowledge, this information is true .and accurate. PRIME CONSULTANT'S AUTHORIZED REPRESENTATIVE TITLE DATE (SIGNATOM: 74: ,,, , 0 . A ' ii.N,A. ' ..,.... A _01: Ar-r :- , . . •s--",. .. , ?..1.. CO MIVI EN TS: [-CONTRACT i`r.DNIINI.SYR.ATOR (Signature) DATE: T.'1 '.-1;r7i7c.-(73iTsukaat.UI AtitIlttr-71 e7J—Rept-csent (-7,T -2- Iccipients .:-n7-Elit'.1T(Tcas tletmed at 4 -9 't.-TT'ilde of PeClelar R.L.:7;i1/ ation-s Pai t '547. INSTRUCTIONS This stater i.ierit reports the actual dollar amounts of the project cost earned by and paid to DB.F. subeonsultants. Complete and submit to the Contract Administrator annually. Some forms may be blank if no payment was trade since the previous billing.. her "A1tthoriy..1:ition No., Contract No.," and "Job No." as appropriate, use. the numbers assigned by MDC)T. For "Billing Period," report the calendar clays covered by the billing. For "Services Work Performed" report the main seivice performed by the subconsultant during the reporting period. For `Total Contract Amount" report the total amount of the contract between the prune consultant and subconsuhant. For "Cumulative Dollar Value of Services Completed" ieport the total amount the subconsultant has earned since beginning the project. bi "Deductions," report deductions made by the prime consultant to the subconsultant's "Cumulative Dollar Value of Services Completed" for retainage, bond or other fees, materials, services or equipment provided to the subc.onsultant according to mutual, prior zigreement (documentation of such agreement may be required by MDOT)_ For "Actual .knourit 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 "DBE Authoi -ized Signature" for final payment only. Be sure to sig,n, title and date this statement. MDOT COVIRACT ADMINISTRATOR: Complete "Comments" if necessary ; sign, date and forward to the Office of -Equal Opportunity within seven (7) days of ieceipt. FISCAL NOTE (MISC. #0251 October 6. 2010 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES — OAKLAND COUNTY INTERNATIONAL AIRPORT 2010 GRANT PROGRAM ACCEPTANCE — SOUND ATTENUATION 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 Michigan Department of Transportation Grant Contract No. 2010-0472, Federal Project No. 1-26-0079-6710, for Federal funds in the amount of $171,000, State funds in the amount of $4,500 and a required local grant match of $4,500 for the development and improvement of Oakland County International Airport. 2. The project consists of Sound Attenuation at Oakland County International Airport. 3. The Airport Committee has reviewed the project and recommends acceptance of the grant contract. 4. Target date for project completion is 36 months from the date of the award. 5. The total cost of the project is $180,000 with $171,000 of the cost from Federal funds. $4,500 of the cost from State funds, and $4,500 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 Fund. E 7I COMMITTEE „-----di i FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Gingell absent. 1# Resolution #10251 October 6, 2010 Moved by Runestad supported by Coulter the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted. AYES: Burns, Coleman. Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton. Nash, Potts, Runestad, Schwartz, Scott, Taub. Woodward. Bullard. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted. 0•14.n 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 October 6, 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 6th day of October, 2010, eie Ruth Johnson. County Clerk