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HomeMy WebLinkAboutResolutions - 2010.09.01 - 10321PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #10 214 September 1,2010 BY: Planning and Building Committee. Jonn bcott, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES — OAKLAND COUNTY INTERNATIONAL AIRPORT — 2010 GRANT PROGRAM ACCEPTANCE — UPDATE OF THE EXHIBIT A PROPERTY MAP, BOUNDARY SURVEY, AND LAND INVENTORY AND REUSE PLAN 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, 2010-0406, Federal Project No. 6-26-0079-6508, for Federal funds in the amount of $90,250, and State funds in the amount of $2,375, for the development and improvement of Oakland County International Airport: and WHEREAS the project consists of an update of the Exhibit A property map, boundary survey, and land inventory and reuse plan at Oakland County International 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 $2,375 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 #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 $95,000, whicn includes a local grant match of $2,376, 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 & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Burns absent. GRANT REVIEW SIGN OFF — Central Services/Aviation — Oakland County International Airport GRANT NAME: 2010 Update of the Exhibit A Property Map, Boundary Survey, and Land Inventory and Reuse Plan FUNDING AGENCY: Michigan Department of Transportation DEPARTMENT CONTACT PERSON: Karl Randall/Patricia Shull/ 248-666-3900 STATUS: Grant Acceptance DATE: August 4, 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 want materials and grant acceptance package (which should include the Board of Commissioners Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution, DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (7/30/2010) Department of Human Resources: Approved. — Cathy Shalial (7130/2010) Risk Management and Safety: Approved by Risk Management. — Andrea Plotkowski (8/3/2010) Corporation Counsel: There are no outstanding legal issues concerning the above grant agreement. — Joellen Shoriley Blaszczak (8/3/2010) 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 150/5100-14 Otp://www.faa.aoviairaorts au i u affic/airoorts/resources/adv isory circularshnedia/1 5 0-5 100- 14-D1150 5100_i 44.pdf Single Audit Act of 1984 (with amendments in 199(i htto://www.whitehouse.iroviortibifmancial/fin sinale audithtml Federal Office of Management and Budget (OMB) Circular No. A-133. This Circular sets forth standards for obtaining consistency and uniformity among Federal agencies for the audit of States, local governments, and non-profit organizations evending federal 2wards. http:i/www.whitehouse aoviornbic ircularsia 133/al 33 .httni Michigan — State Trunk Line Highway System Act 51 of 1951 hap:/./14 slature .mi. goy/doe. asprx?rricl -act-51 -of-1951 Disadvantaged Business Enterprise Program (49 CFR, Part 26) htV://frwebgatel.access.gpo.gov/cRi- bin/waisgate.cgi?WAISdocID=627585231372+04-0-1-0&WAISaction=retrieve FAA "Terms and conditions of Accepting Airport Improvement Program Grants" littpVwww,faa.gov/airports_airtrafficiairports/regional guidance/southerri/ainhnedia/afp grant terms phi nning.pdf Federal Civil Rights Act of 1964 http://wvmusdoj.goviert/cor/index.htra Regulations of the United States Department of Transportation (45 CFR, Part 21) hrtp://vvww,access.gpo.govinarakftlwaisidx_04/49cfr2:_ 04 Um! State Contracts with certain employers prohibited (Act 278 of 1980) http://www.LegisLature.tui.govg.Sameiya45y3bbiatisOimuzpak )Vmilefz.aspx?oave=getObiect&obiecName =mc1-Act-278-of-1980 National Labor Relations Act (29 USC 158) - section 8 of Chapter 372 littp://www.nirb.goviabout _ us/overview/national labor relations actasta Michigan — Antitrust Reform Act (Excerpt) Act 274 of 1984 (MCL 445.771 - .788, excluding section 4a) http://legislature.rni .govidoc.aspx?nic1-4-45-771 FAA "General Provisions for Construction of Airports" ht-tp://www.faa. goidaiTorts_airtaffi Oat:Kilts/con struction/construction standards/ Michigan Civil Rights Act (1976 PA. 453) ttp://www.le s lature .mi. zovis'S( eavsv4 b dowylwbv1v03 R))/zn i I e g.anx?pap,e= Retobi ect&obieetnam e=mcl-Act-453-of-1976 Michigan Persons with Disabilities Civil Rights Act "Act 220 of 1976" .' -- r5.2njwv4Vmi1easnx?naceetobiectobiectuame=xr cl-Act-220-of-1976& quelyith--14718589 Buy American Requirement FAA Order 5200.5A "Waste Disposal Sites On or Near Airports" http ://isddc. clot gov/OLPFiles/FAA/012568.pdf FAA Advisory Circular 150/5380-6 "Guidelines and Procedures for Maintenance of Airport Pavements" httn://isddc.dot.gov/OLPFiles/FAA/005996.ndf FAA Airport and Airway Improvement Act of 1982 http ://ecfr.gp oaccess. gov/cgi/t/ text/text- idx?c=ecfrran node=43%3 A2.1.1.2.31 ic1-020 bb71309933456235 aea44e19a94 9c :,cc—ecfr ITITIV1WWW IEVISIRTMP M1 ViIVTL 110 1 I XVCITTr CONTRACT NO. 2010-0406 FEDERAL PROJECT NO. B-26-0079-6508 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 Depar:ment 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 County International Airport, whose associated city is Pontiac, Michigan, such undertaking hereinafter referred to as the "PROJECT," estimated in detail in Exhibit 1, dated July 9, 2010, attached hereto and made a part hereof. PROJECT DESCRIPTION: UPDATE OF THE EXHIBIT A PROPERTY MAP, BOUNDARY SURVEY, AND LAND INVENTORY AND REUSE PLAN. WITNESSETH: WHEREAS, the PROJECT is eligible for fnderal funding pursuant to the Airpo:t and Airway Improvement Act of 1982, as amended, and/or the Aviation Safety and Noise Abatement Act of 1979; and WHEREAS, the. DEPARTMENT has received a block grant from the Federal Aviation Administration (FAA) for airport development projects; arid WHEREAS, the DEPA.RTMENT is responsible for the allocation and management o block grant 1,1nds pursuant to the above noted act; NOW. THEREFORE, the parties Luce: 1 PUBLIC BLOCK GRANT 2 -..'/Av 712272010 ADMINtSTRATION DEPARTMENT-AERO LAND $0 $O $3 Exhibit Oakland County International Airport Pantlac, Michigan 13-26-0079-6508 7/9/2010 Federal State Local Total 53,800 $100 $100 14,000 53,800 $100 5100 $4,000 $86,450 52,275 524275 591,303 Exhibit A property map opi2d:e : boundary survels...., and laud Ir.v.....ncoTy and re-use plan, Parcel Cost (Estimate) 50 50 $0 SO Relocation Assistance (est) SG $0 SO SO Closing Cost $.D $0 SO $0 Consultant Costs Exhibit A Cost $19,00.0 5500 $500 523,000 Phase 'I ESA Cost $0 $3 SO SC Preliminary interview SO $0 $0 $0 Coordination/Documentation $0 SO $0 SO Acquisition/Closing Cost $0 $0 $O $O Appraisal Cost SO $0 $0 SO Appraisal Review Cost $0 $0 SD $0 Relocation Cost $0 so $0 Demation Cost $0 $0 $0 50 Title Costs $0 $0 $0 50 Exhibit X Cost $O $0 $0 SC Survey Cost 560,800 $1,600 $1,600 $64,300 Miscellaneous Cost $6,650 $175 $175 $7,000 Land Iavcr:wry and Re-use Plan Condemnation Attorney/Expert Witness $0 $0 $0 $0 DESIGN CONSTRUCTION CONTINGENCIES Funding Contingencies TOTAL PROJECT BUDGET 590,250 ¶2,37.5 52.375 595.000 1. The term "PROJECT COST," as herein used, is defined in Attachment(s) 3, attached hereto and made a part 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 eligible PROJECT COSTS. THE SPONSOR WILL: 2. Enter into a contract with a consultant for each element of the PROTECT that requires expertise. The consultant will be selected in conformity with FAA Advisory Circular 15015100-14. The DEPARTMENT will select the consultant for each element of the PROJECT involving preparation of environmental documentation. The SPONSOR will select the consultant for all other aspects of the PROJECT. Al) consultant contracts will be. submitted to the DEPARTMENT for review and approval. Any such approvals will not be constnted 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 prier 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 even: 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 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 cf the SPONSOR as proof of payment. The amount of the SPONSOR billing 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 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. With regard to audits and record-keeping, a. The SPONSOR will establish and maintain accurate records, in accordance with generaliy accepted accounting principles, of all pu s incurred for whch payment is sought or made under this Contract, said records to be hereinafter 7/22120") 0 2 PUBLIC BLOCK GRANT 2 referred to as the "RECORDS." Separate accounts will be established and maintained for all costs incurred under this Contract. 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 :996 (31 U.S.C. 7501-7507) the OMB Circular A-133, as revised or amended, and the provisions of 1951 PA 51; MCL 247,660h; 1VISA 9.1097(10)„ 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 sources in their fiscal year will comply with the requirements of the federal Office of Management and Budget (0.MB) 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 by the audit firm The OMB Circular A-133 audit must be submitted to the address below n accordance with the time frame established in the circular, as revises Cr 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 name(s) of the DEPARTMENT federal programs, and the CFDA grant number(). This information must also be submitted to the address below. Address: Michigan Department of Transportation Multi-Modal Transportation Services Bureau (Aeronautics) 2700 East Airport Service Drive Capital City Airport Lansing, MI 48906-2060 iv. Agencies must also comply with applicable state laws and regulations 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 Circular -i 33 rcqu111ts. 7/22/2010 3 PUBLIC BLOCK GRANT 2 vi. All agencies are subject to the federally-required monitoring activities, which may include limited scope reviews and other on-site monitoring. vii. The federal award associated with this Contract is CFDA Airport Improvement Program number 20.106, Federal Project Number 13-26- 0079-6508, award year 2008, Federal Aviation Administration, Department of Transportation. c. The SPONSOR will maintain the RECORDS for at least six (6) years from the date of final payment made by the DEPARTMENT under this Contract. In the event of a dispute with regard to allowable expenses or any other issue under this Contract, the SPONSOR will thereafter continue to maintain the RECORDS at least unti: that dispute has beer: 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 audi: 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. 5. Provide and will require its subcontractors to provide access by the DEPARTMENT or its representatives to all technical data, accounting records, reports, and documents pertaining to this Contract. Copies of technical data, reports, and other documents will be provided by the SPONSOR or its subcontractors to the DEPARTMENT upon request. The SPONSOR agrees to permit representatives of the DEPARTMENT to inspect the 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 SPO.NSOR'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 fThal payment. 6. The SPONSOR agrees to require all prime contractors to pay each subcontractor for the satisfactou completion of work associated with the subcontract no later than ten (1C) 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 retainage payments to each subcontractor within ten (10) calendar days after the subcontractor's work is 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 all sub-tier subcontractors and will be made a part of all subcontract agreements. This prompt payment provision is a requi:ement of 49 CFR, Part 26, as amended, and does not confer third-party benefic i ary right or other direct right to a subcontractor against the DEPARTMENT. This provision applies to both 11 ,Lsincss Enterprise (DBE) and non-DBE subcontractors. 7r2l2 C.10 4 PUBLIC BLOCK GRANT 2 v/w The SPONSOR further agrees that it will comply with 49 CFR, Part 26, as amended, and will report any and all DBE subcontractor payments to the DEPARTMENT semi- annually in the format set forth in Appendix G, dated June 1, 2001, attached hereto and made a part hereof, or any other format acceptable to the DEPARTMENT. 7. In the performance of the PROJECT 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 tic FAA "Terms and Conditions of Accepting Airport Improvement Program Grants" signed on May 25, 2006. THE DEPARTMENT WILL 8, Bill the SPONSOR for the SPONSOR's share of the estimated PROJECT COST. The DEPARTMENT will bill the SPONSOR for the SPONSOR's share of additional estimated PROJECT COSTS for changes approved in accordance with Section 14 at the time of award of the amendment for approved work. Upon receipt of payment request approved by the SPONSOR, make payment for eligibie PROJECT COSTS. The DEPARTMENT will seek reimbursement from the FAA through the block grant issued to the DEPARTMENT for funds expended on eligtbie 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 PRO,7ECT work, 10. 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 be returned or billed to the SPONSOR. IT TS FURTHER AGREED: The PROJECT COST participation is estimated to be as shown below and as in We attached Exhibit 1. Exhibit 1 is to be considered an estimate. The actual DEPARTMENT. FAA, and SPONSOR shares of the PROJECT COST will be deterrn:necl at the ',me of financial closure of the FAA grant. 11. 7/22/2010 5 PUBLIC BLOCK GRANT 2 1v1, Federal Share $9C,250.00 Maximum DEPARTMENT Share $2.375.00 SPONSOR Share $2.37,00 Estimated PROJECT COST $95,000.00 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 ?art with DEPARTMENT funds. Upon final settlement of cost, the federai funds will be appled 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 federa: 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 where only DEPARTMENT and SPONSOR funds will be applied to the final settlement, DEPARTMENT funds will be at a rate not to exceed ninety percent (90%), and the total DEPARTMENT funds applied toward the PROJECT COST may be up to but will not exceed the maximum DEPARTMENT obligations shown in Section 11 or as revised in a budget letter, as set forth in Section 14, Any items of PROJECT COST not funded by FAA or DEPARTMENT funds will be the soie 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. 13. The SPONSOR agrees that the costs reported to the DEPARTMENT for this 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 Contr act that appiy to the reporting of costs incurred under the terms of this Contract. 14. The PROJECT COST shown in Section 21 is the maximum obligation of DEPARTMENT and federal funds under this Contract. The maximum obligation of DEPARTMENT arid federal funds may be adjusted to an amount less than the maximums shown in Section 11 through a budget letter issued by the DEPARTMENT. A budget letter will be used when updated cost estimates for the PROJECT reflect a change in the amount of funds needed to fund all PROJECT COSTS. The budget letter will be signed by the Administrator of Airports Division of the Multi-Modal Transportation Services Bureau (Aeronautics). A budget letter wiii also be used to add or delete work iteius IruUL LLi PROJECT descripton, provided that the costs do not exceed the ma.ximum obligations of Section 7/22/2010 6 PUBLIC BLOCK GRANT 2 tlw 11. If the total amount of the PROJECT COST exceeds the maximum obligations shown in Section 11, the PROJECT scope will have to be reduced or a written amendment to this Contract to provide additional funds wil: have to be awarded by the parties before the work is started. 15. k the event it 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, prio: to advertising or authorizing work performance, may cancel the PROJECT or any portion thereof by giving written notice to the SPONSOR. In the event this occurs ; this Contract 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 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 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 be clealy 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 docurnentaton available for review by the DEPARTMENT. The RESPONSE will refer to and apply the languaze of the Contract. The SPONSOR agrees that failure to submit a RESPONSE within the sixty (60) day period constitutes agreement with any disallowance of an item of expense and authorizes the DEPARTMENT to finally disallow any items of questioned or no opinion expressed cost. The DEPARTMENT will make its decision with regard to any Notice of Audit Results 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 wl repay that amount to thc DEPARTMENT or reach agreement with the DEPARTMENT on a repayment schedule within thirty (30) days alter the date of an invoice from the DEPARTMENT. If the SPONSOR fails to repay the overpayment or reach agreement with the DEPARTMENT on a repayment schedule within the thirty (30) day period, the SPOMOR agrees that the DEPARTMENT will deduct all or a portion of the overpayment from any funds then or thereafter payable by 7 PUBLIC BLOCK GRANT 2 vliv 7/22/2010 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 full. The assessment of interest wHl begin thirty ',30) days from the date of the invoice. The rate of interest will be based on the Michigan Department of Treasury common cash funds interest earnings, The :ate of interest will be reviewed annually by the DEPARTMENT and adjusted as necessary based on the Michigan Department of Treasury common cash funds interest earnings. The SPONSOR expressly consents to this withholding or offsetting of funds under those c:rcumstances, reserving the right to file a lawsuit in the Court- of Clans 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 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 Contract 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 approvals, acceptances, reviews, and inspections of any nature by the DEPARTMENT will not be construed as a warranty or assumption of liability on the part of the DEPARTMENT. It is expressly understood and agreed that any such approvals, acceptances, reviews, and inspections are for the sole and exclusive purposes 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. Any approvals, acceptances, reviews, and inspections by the DEPARTMENT will not relieve the SPONSOR of its obligations hereunder. nor are such approvals, acceptances, reviews, and inspections by the DEPARTMENT to be construed as a warranty as to the propriety of the SPONSOR's performance, but are undertaken for the sole use and information of the DEPARTMENT. 20. In connection with the performance of PROJECT work under this Contract, the parties (hereinaf-,er in Appendix A referred to as the "contractor") agree to comply with the State of Michigan provisions for "Prohibition of Discrimination in State Contracts," as set forth in Appendix A. attached hereto and made a part hereof. The parties further covenant that they will comply with the Civil Rights Act of 1964. being P.L. 88-352, 78 Stat. 241, and the Regulations of the United States Department of Transportation (49 CFR, Part 21) issued pursuant to said Act, including Appendix B, attached hereto and made a p,-;,r hereot, ano wi:1 require similar covenants on Lim part of any ....untioLAor u. employed in the performance of this Contract. 7/22/2010 8 PUBLIC BLOCK GRANT 2 1w The SPONSOR will carry out the applicable requirements of thc DEPARTMENT's Disadvantaged Business Enterprise (DBE) program and 49 CFR Par: 26, including, but not 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; MCL 42.321 et sg; MSA 17.458(22), et sea, 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 1:SC 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 VSC, 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 were used to meet the SPONSOR's obligation to the DEPARTMENT under this Contract due to any violation of 15 USC, Sections 1 - 15, and/or :984 PA 274, lk./ICL 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 violaton with regard to claims based on goods or services that were used to meet :he 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/are the subject of The controversy. It is understood and agreed that any legal Etpresentaion of S-1,-• tr. fir'sq11,,iii of Lcin ,••••:••••• ... • ... ,••• • - • SPONSOR. 7/22/2010 9 PUBLIC BLOCK GRANT 2 24. The DEPARTMENT and the FAA will not be subject to any obligations or liabi:ities 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 n Or approval of the award of any contract or subcontract or the solicitation thereof. 25. Each party to this Contract will repair., responsible for any claims arising out of that party's performance of thi's Contract as provided by this Contract or by law, This Contract is not intended to increase or decrease tither 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 :iizht of indemnificaton, either by Contract or at law, for claims arising out of the performance of this Contract. 26. In case of any discrepancies between the body of this Contract and any exhibit hereto, the body of the Contract will govern, 7/22/2010 10 PUBLIC BLOCK GRANT 2 Ow 27. Ths Contract will become binding an the parties and of full force and effect upon signing by the duiy authorized representatives of the SPONSOR and the DEPARTMENT and upon adoption of a resolution approving said Contract and authorizing the signature(s) thereto of the respective representative(s) of the SPONSOR, a certified copy of which resolution IA:ill be sent to the DEPARTMENT with this CoDtra.ct, as applicable. IN WITNESS WHEREOF, the parties have caused this Contract to be awarded. COUNTY OF OAKLAND By: Title: MICHIGAN DEPARTMENT OF TRANSPORTATION By: •Tit:e: Department Director 7/22/2010 ii PUBLIC BLOCK GRANT 2 1-,/ ATTACHMENT 3 (lleronautteS) SUPPLEMENTAL PROVISIONS FOR FEDERAL/STATE/LOCAL CONTRACTS INVOLVING LAND ACQUISITION AT ALL CLASSIFICATIONS OF AIRPORTS 1. The term PROJECT COST, shall include the costs necessary for the performance of the PROJECT work including related engineering, title research, appraisals, negotiation, 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. 2. If the PROJECT is canceled or the SPONSOR ceased acquisition on a voluntary basis, all costs, fees and damages allowed shall be the responsibility of the SPONSOR. If the SPONSOR discontinues or abandons any condemna:ion 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. 3. 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 general tr:ility licensing requirements set forth by the Michigan Aeronautics Commission rules and regulations. During this period, the Airport shall not be abandoned or permanently closed without the express written permission . of the DEPARTMENT. During this period and beyond for land 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 DEPARTMENT's 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, the SPONSOR agrees to also provide to the DEPARTMENT a prior written notice of any such intent giving the DEPARTMENT, for a period of one hundred eighty (180) days after receipt of such notice, a first right to purchase at fair market value the airport and all facilities thereon. Fair market value shall be determined by an independent appraisal of such properties. The notice of intent and first right to purchase shal: be provided via registered or certified tetu:n receipt, postage prepaid, addressed to the Deputy Director of the Multi- Modal Transportation Services Bureau (Aeronautics), Michigan Department of Transportation. I of 2 hi The SPONSOR will operate and maintain in a safe and serviceable condition the A.:rport and all facilities thereon and connected therewith which are necessary to serve the aeronautical users of the Airport other than facilities owned or controlled by the United States in the State of Michigan, and will not permit any activity thereon which would interfere with its use for airport purposes; provided that nothing herein shall be construed as 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 regu]ations, 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 wili he 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 a: 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 expended for the capital 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. APPENDIX A PROHIBITION OF DISCRIMINATION IN STATE CONTRA CTS In cohnection with the performance of work under this contract; the contractor agrees as follows: 1. In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect to hire, tennre, terms, conditions, or privileges of employment, or as a matter directly or inclirecty related to employment, because of race, color, religion, national origin, age, sex, height, weight, or marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No. 478, Public Acts of 1980 the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirect:), 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 shal. be regarded as a material breach of this contract. 2, The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in this contract is to be performed, shall contain a covenant the same as hereinabove set forth in Section I of this Appendix. The contractor will take affirmative action to insure that applicants for employment and employees are treated without regard to their race, color, religion, national origin, age, sex, height, weight, marital status or a disability that is unrelated to the individual' s ability to perform the duties of a particular job or position. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 4. The contractor will, in all solicitat;ons or advertisements for employees placed by or on behaif of the contractor, state that all qualified .applicants will receive consideration for employment with= .regard to race, color, religion, national origin, age, SC,'K. height, weight, rnarita: status or disability that is unrelated to the individual's ability to perform the duties of a particular job or position. 5. The contractor or his collective bargaining representative will send to each labor uriion or representative of workers with which he has a collective bargaining agreement or otter contract or understanding, a notice advising the said labor union or workers' representative of the contractor's commitments under this appendix, 6. The contractor will comply with all relevant published rules, regulations, di:ectives, and orders of the Michigan Civil Rights Commission which may be in effect prior to the takirg of bids for any individual .state. project. The contractor will furnish and fi'le compliance reports within such time and upon such forms as provided by the Michigan Civil 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 himself, and said contractor will permit access to his books, records, and accounts by the Michigan Civil Rights Commission and/or its agent, for purposes of investigation to ascertain compliance with this contract and relevant with rules, regulations. and orders of the Michigan Civil Rights Corninision. 8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has not compiied with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its order based upon such findings, certify said findings to the Administrative Board of the State of Michigan, which Administrative Board may order the cancellation of the contract found to have been violated and/or declare the contractor ineligible for future contracts with the state arid its political arid civil subdivisions, departments, and officers, arid including the governing 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 any case before the Civil Rights Commission in which cancellation of an existing contract is a possibility, the contracting agency shall be notified of such possible remedy and shall be given the option by the Civil Rights Commission to participate in such proceedings. The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (1) through (8) in every subcontract or purchase order unless exempted by the rules, reguiations 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 l998 Appendix B (Aeronautics) CIVIL RIGHTS ACT OF 1964, TITLE VI- 49 CFR PART 21 CONTRACTUAL REQUIREMENTS During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1, Compliance with Regulations. The contractor will comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter n:ferred 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, wi:1 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. 3. Solicitation for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurement of materials of leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor' s obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 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 facilizies 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 informaton 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 thc FAA, as appropriate, and will set forth what efforts it has made to obtain the information. 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 determine to be appropriate, including, but not limited to: 1 of 2 a. Withholding of payments to the contractor under the contract until the contractor ccrnplies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. Incorporation of Provisions. The contractor will include the provisions of paragraphs 1 through 5 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directive issued pursuant thereto. The contractor will take such action with respect to any subcontract o: procurement as the sponsor or the FAA may direct as a means of enforcing such provisions inch.iding sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition. the contractor may request the United States to enter into such litigation to protect the interests of the United States. 2 of 2 (Revised October 1, 2005) APPENDIX C Assurances that Recipients and Contractors Must Make (Excerpts from US DOT Regulation 49 CFR § 26.13) A. Each financial assistance agreement signed with a DOT operating administration or a primary recipient) must include the following assurance: The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any US DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and 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 out 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 for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 3801 et seq.). B. Each contract MDOT signs with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance! The contractor, subrecipient or subcontractor shah 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 in the termination of this contract or such other remedy as the recipient deems appropriate. : • Airport Name: Associated City: Project No: Oakland County International Airport Pontiac, Michigan B -26-0079-650-6 APPENDIX F SPECIAL CONDITIONS , 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 pi -lace 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, h. 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 rot build any structure in the Runway Protection Zone that is a hazard to air navigation or which 2-ight create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, smoke generating activities, or places of public assembly, such as churches, schools, office buildings. shopping centers, and stadiums. c. Future Interest in the Runway Protection Zone. The Sponsor agrees that it will acquire fee title or easement interest in the Runway Protection Zone(s) for Runway(s) that presently are not under :heir control. Said interest shall provide the protection noted in above Subparagraphs a. and b. AIR AND WATER QUALITY. Approval of the project included in this agreement is conditioned on the Sponsor's compliance with applicable air and water y:.an:y standards in accomplishing project construction and in operating the airport. Failure to comply with this requirement may result in suspension, cancellation, er termination of federal as under this agreement. BUY AMERICAN REQUIREMENT. Unless otherwise approved by the FAA, the Sponsor W11 not acquire or permit any contractor or subcontractor to acqubv any steel or manufactured products produced outside the United States to be used for any project for airport development or noisc ., compatibility for which funds are provided under this grant. - I - The Sponsor will include in every contract a provision implementing this special condition. 4, WASTE DISPOSAL SITES, It is hereby agreed by and between the parties hereto that, within its authority, the Sponsor will not approve or perrn:t the establishment or existence of 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." 5. OPEN BIDDUG. The Sponsor agrees not to include, in any bid specification, project agreement, or other controlling documents to perform construction activities under this grant, any provisions which would: a. Require bidders, offerors, contractors, or subcontractors to enter into or adhere to agreements with one or more labor organizations, on the same or other related construction project(s), or 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 project(s), or Require any bidder, offeror, contractor, or subcontractor to enter into, adhere to, or enforce any agreement that requires its employees, as a condition of employment, to: (1) become members of or affiliated with a labor organization, or pay dues or fees to a labor organization, over an employee's objection, in excess of the employee's share of labor organization costs relating to collective bargaining, contract administration, OT grievance adjustment. The Sponsor further agrees to require any contractor or subcontractor to agree to no: include any similar provision that would violate paragraphs a through c above in their contracts or subcontracts pertaining to the projects under this grant. 6. P A VFMF.NT Rit A FNITFNANCR MANAGEMENT PROGRAM (PGL 95-21. For a project to replace or reconstruct pavement at the airport,. the Sponsor shall implement an effective airport pavement maintenance program as is required by the assurance in Section III.C.11 of the "Terms and Conditions of Accepting Airport Improvement Prog:arn Grants." The Sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repaired with federal financial assistance at the airport. An effective pavement maintenance management program is one that cietaiis the procedures to be foflowe.d 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 minim'am, the program must include the following: a. Pavement Inventory. The following must be depicted in an appropriate form and level of detail: (1) location of all runways, taxiways, and aprons; (2) dimensions; (3) type of pavement, and, (4) year of consmiction or most recent major rehabilitation. For compliance with the Airport Improvement Program (AIP) assurances, pavements that have been constructed, reconstructed, or repaired with federal financial assistance shall be so depicted. b. Inspection Schedule. (1) Detailed Inspection. 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 (PCI) survey as set forth in Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," the frequency of inspection may be extended t three. years. (2) Drive-By Inspection. A drive-by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. c. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance performed must be recorded and kept on file for a minimum of five years. The types of distress, their locations, and remedial action, scheduled or performed, must be documented. The minimum information to be recorded is listed is below: (1) inspection date, (2) location, (3) distress types, and (a) maintenance scheduled or performed. For drive-by inspections, the date of inspection and any maintenance performed must be recorded. d. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as the information and records produced by We pavement survey can be retrieved to provide a report to the FAA as may be. req.-Fired. Reference. Refer to Advisory Circular 150/5380-6, "Guideline and Proced.3res g 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 relat:onship between the Sponsor, as principal, and the Michigan Aeronautics Commission, as agency, created by the Agency Agreement without prior written approval of the FAA. 8. PROGRAM ECCOME FROM LAND. It is agreed that all program income produced from real property purchased in part with federal funds in this grant received during the grant period shall be deducted from the total cost of that project for determining the net costs on which the maximum United States obligation will be based. Airport fiscal and accounting records shall clearly identify actual sources and uses of these funds. REVENUE FROM REAL PROPERTY — LAND E\I PROJECT. The Sponsor agrees that all net revenues projected from real property purchased in part with federal funds in this grant shah be used on the airport for airport planning, development, or operating expenses, except that all income from real property purchased for noise compatibility purposes or for future aeronautical use as indicated on Exhibit "A" for this grant under the Airport and Airway Improvement Act of 1982. Income from noise or future use property may not be used for the Sponsor's matching share of any airport grant. Airport fiscal and accounting records shall clearly identify actual sources and uses of these funds. 10. FUTURE DEVELOPMENT LAND. The Sponsor agrees to perform within 10 years of this Grant the airport development which requires this land acquisition, and further agrees not to dispose of the land by sale or lease without prior consent and approval of the Federal Aviation Administration. In the event the land is not used within the 10 years for the purpose for which it was acquired, the Sponsor will refund the federal share of acquisition cost or the current fair market value of the land, whichever is greater. 11. TITLE EVIDENCE BEFORE CONSTRUCTION. It is further understood and agreed that the Sponsor will not permit or suffer the commencement of any constiuction work on the parcel(s) until it has submitted evidence satisfactory to the FAA that it has acquired the. aforementioned property interest. 12. EV-IMIT 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. D. is further mutually agreed that the reasonable cost of developing said Exhibit "A" property map is an eligible administrative cost for participation within the scope of this project. 4 APPENDIX G PrilDC Consultant Statement of DBE -Subconsultant Payments Information .Lecroirc.d in accordance with 49_CFR 2(5.7.V7 to monitor -ogress of tie prime consultant in Tr Cain conttactual obliRatlons to D Jure 1, 2001 PRIME CONSULTANT: [}CHECK IF PRIME IS A UTI IORIZATION NO. CONTRACT NO. MDOT-DTIE CERTIFIED BILLING PERIOD: 0 Cheek if Final Payment JOB NO. r...------ CUMULATE V E ACTUAL D LIE CERTIFIED DBE SERVICES IOTA I. DOLL A R. ACTUAL AMOUNT PA ID A UTHO RI Z ED CONSULT..'iNT 'WORK CONTRAP VALUE OF DEDUCTIONS AMOUNT DURING TI EIS SIGNATURE DATE PERFORMED &MOUNT SERVICES PAID To BILLING (Final Payment COMPLETED DATE PERIOD Report Only) _ - ----- ---- - _. . .. As the autholized representative of the above prime consultant, I state that to the best of my knowledge, this information is true and accurate. PRIME CONSIII;FANT'S AUTHORIZED REPRESENTATIVE TITLE D NIT (SIGNATURE): = , . , 0 , , :, ,,, ' WAWA IAt tit*a•T '' COMMENTS: DATE: CONTRACT ADMINISTRATOR (Signature) :c1-7j:.:ial note: 'TTime Consultant or Authorized Ropesentative" rele.rs to recipients of tecleral funds as defined at 44 Code of-Fedetill Regulations Pal t 26. INSTRUCTioNs This statement reports the actual dollar amounts of the project cost earned by and paid to DBE subeonsultants. Complete and submit to the Contract Administrator semi • antrually Some forms may be blank if no payment was made since the previous billing. l'or "Authodzation No.., Contract No..," and "Job No." as appropriate, use the numbers assigned by MDOT. For "Billing Period," report the calendar days covered by the. billi ng, .For "Services Work Performed" report the main service performed by the subconsidtarut during the. reporting period, For "Total Contract Amount" report the total amount of the contract between the prime consultant and subconsultant. For "Cumulative Dollar Value of Services Completed" report the total amount the subconsultant has earned since beginning the project. For "Deductions," report deductions made by the prime consultant to the subeonsuitant's "Cumulative Dollar -Value of Services Completed" .for retainage, bond or other fees, materials, services or equipment provided to the snbeonsultant according to mutual, prior agreement (documentation of such agreement may be required by MDOT). 1-or "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 "D.B.E., Authorized Signature" for final payment only. .13e sure to sign, title and date this statement. MD OT CONTRACT .ADMINISTRATOR: Complete "Comments" if necessary, sign, date and forward to the Office of Final Opportunity within seven (7 -.) days of receipt. - September 1,2010 PSCAL NOTE (MISC. /10214) BY. Finance Committee. Tom Middleton, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES — OAKLAND COUNTY INTERNATIONAL AIRPORT — 2010 GRANT PROGRAM ACCEPTANCE — UPDATE OF THE EXHIBIT A PROPERTY MAP, BOUNDARY SURVEY, AND LAND INVENTORY AND REUSE PLAN 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. 2010-0406, Federal Project No. B-26-0079-6508, for Federal funds in the amount of $90.250. State funds in the amount of $2,375 and a required Local grant match of $2,375 for the development and improvement of Oakland County International Airport. 2. The project consists of an update of the Exhibit A property map, boundary survey, and land inventory and reuse plan 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 s 36 months from the date of the award 5 The total cost of the project is $95,000 with $90.250 of the cost from Federal funds. $2.375 of the cost from State funds. and $2,375 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. FILIANCE COMMITTEE Finance Carimitee Vo:e: Motion carried ',Inanirr.ously on a roll call vot.e I HEREBY kr[itiOL f 4/ili o Resolution #10214 September 1, 2010 Moved by Nash supported by Gosselin the resolutions (with fiscal notes attached) on the Consent Agenda be adopted_ AYES: Burns, Coulter, Douglas. Gershenson. Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long. McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted. 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 September 1, 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 1st day of September, 2010. eat Ruth Johnson, County Clerk