HomeMy WebLinkAboutResolutions - 2011.01.20 - 10354MISCELLANEOUS RESOLUTION #11012 January 20, 2011
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES — OAKLAND COUNTY INTERNATIONAL AIRPORT —
2010 GRANT PROGRAM ACCEPTANCE — PERFORM WILDLIFE HAZARD ASSESSMENT
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. 2011-0055, Federal Project No. D-26-0079-6808 ; for Federal funds in the amount of $48,450,
and State funds in the amount of $1,275, for the development and improvement of Oakland County
International Airport; and
WHEREAS the project consists of a Wildlife Hazard Assessment 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 $1.275 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 $51,000, which includes a local grant match of $1,275, which is
available from the airport fund.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners
is authorized to execute the grant contract.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Woodward absent.
G ' T REVIEW SIGN OFF — Central Services/Aviation —
Oakland County International Airport
GRANT NAME: 2010 Oakland County International Airport Grant Program Acceptance-
Perform Wildlife Hazard Assessment
FUNDING AGENCY: Michigan Department of Transportation
DEPARTMENT CONTACT PERSON: Karl Randa11/Patricia Shull/ 248-666-3900
STATUS: Grant Acceptance
DATE: December 6, 2010
Pursuant to Misc. Resolution #01320, please he advised the captioned punt materials have completed
internal punt 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 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 (11/30/2010)
Department of Human Resources:
Approved — no positions involved. — Karen Jones (11/30/2010)
Risk Management and Safety:
Approved by Risk Management. — Andrea Plotkowski (12/1/2010)
Corporation COUElsei:
There are no outstanding legal issues concerning this grant. Joellen Shortie), Blaszczak (12/3/2010)
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 Airport and Airway Improvement Act of 1982
http://ecfr.gpoaccess.gov/cgi/t/text/text-
idx?c—ecfragn—div5:vicw—texenode—,13%3A2.1.1.2.31;idno=43;sid=020b1)71309933456235aea44ef9a949c;cc—ecti
FAA Advisory Circular 150/5100-14
httn://w ww .gov/airpo rts ai rtrafficlaimorts/reso urcesladvi son/ circulars/media/ I 50-5100-
141)/150 5100 14d.pcif
Single Audit Act of 1984 (with amendments in 1996)
http://www.whitehouse.gov/ombifinanciatifin single audit.htrul
Federal Office of Management and Budget (OMB) Circular No. A -133.
http://www whiteho-use, govlomb/circulars/al. 33/al 33.htal1
Michigan – State Trunk Line Highway System Act 51 of 1951
latp://legisiature.mi, govid oc.aspx? mcl-act-51-of-1951
Disadvantaged Business Enterprise Program (49 CFR, Part 26)
lattp://frw ebgate1. access, gpo.gov/cgi-binlwaisgate.c WAISdocID-627585231372+0+0+0&WAISaction–retrieve
FAA "Terms and conditions of Accepting Airport Improvement Program Grants"
http://www. faa. goy/a irp orts ,airtraffic/airports/regional _guidance/southern/aiplmedia/aip grant terms planning. od f
Federal Civil Rights Act of 1964
h up ://www.usdoj .gov/crt/cor/indcx.htm
Regulations of the United States Department of Transportation (49 CFR, Part 21)
Intp://wysiw.access.gpo,gOvinara/cfr/waisidx 04/49c1r21 04.html
State Contracts with certain employers prohibited (Act 278 of 1980)
intp://www.legislature.rni.gov/(S(hoeiva45v3bbknisOjmuzpak))/mileg.aspx?page –getObiect&objectName–mcl-Act-
278-of-1980
National Labor Relations Act (29 USC 158) - section 8 of Chapter 372
http://www.njgpv/aboutus/ovcrvew/national labor relations actasizi
Michigan – Antitrust Reform Act (Excerpt) Act 274 of 1984 (MCL 445.771 - .788, excluding section 4a)
httn://1egis1ature.mi.gov/doc.aspx?mci-4'15-771
Michigan Elliott-Larsen Civil Rights Act – "Act 453 of 1976"
http://www.legis1ature.m 55z2uiwv45 )/mileg.aspx?pave=getobiect&obiectnarne=mci.-Act-
453-of-1976&queryiel-14718540
Michigan Persons with Disabilities Civil. Rights Act – "Act 220 of 1976"
http://www.legislatare.mi.gov/(u01.xgeltruri5z55z2uiwv45)imileg.aspx?page–getobieet&obiectuarne=incl-Act-
220-of-1976aquery_id=14718589
Department of Transportation Construction Contract Equal Opportunity Compliance Procedures (23 CPR
Subpart I))
http://edocket.access.gpo.gov/efr_2010/aprqtr/pdf/23cfr230.405.pdt -
Executive Order 11246 - EEO and Affirmative Action Guidelines for Federal Contractors Regarding Race,
Color, Gentler, Religion, and National Origin
http://www.dol. go v/esaio fccp/res/c ompliance/fs11246.htm
Title VII of the Civil Rights Act of 1964 (P.L. 88-352)
htTww.eeoc. v/Dolicy/vii.hunl
Department of Transportation Federal Highway Administration (FIIWA) responsibilities (23 CFR Part
230.405)
http://edocket.aceessrgpo.gov/cfr_2010/aprqtrincif723cfr230.405.pdf
FAA Order 5200.5A "Waste Disposal Sites On or Near Airports"
http://i sddc.dot.goy/OLPFiles/F AA/012568.pH
FAA Advisory Circular 150/5380-6 "Guidelines and Procedures for Maintenance of Airport Pavements"
http://ischic.dot. goy/01211 les/FAA/005996.pdf
ATTACHMENT 2
SUPPLEMENTAL PROVISIONS FOR FEDERAL/STATE/LOCAL CONTRACTS
INVOLVING PREPARATION OF ENVIRONMENTAL DOCUMENTATION
AT ALL CLASSIFICATION OF AIRPORTS
The term PROJECT COST, shall include the costs of the consultant for the performance
of the PROJECT work and the cost of public notices.
The DEPARTMENT shall select a consultant in accordance with FAA guidelines to
perform the PROJECT work. The SPONSOR shall enter into a contract with the
consultant. Said contract shall be submitted to the SPONSOR and the DEPARTMENT
for review and written approval of the cost prior to the DEPARTMENT issuing a notice
to proceed to the consultant. Subsequent changes to that contract shall also be submitted
to the SPONSOR for review and written approval of the cost prior to authorizing work on
those elements which are the subject of the change..
3. The consultant performing environmental work shall not perform any preliminary
engineering or construction supervision on work covered by the environmental studies.
I of I
ADMINISTRATION
DEPARTmENT-AERO
EXHIBIT 1
OAKLAND COUNTY INTERNATIONAL AIRPORT
PONTIAC, MICHIGAN
Project No, D-26-0079-6808
November 10, 2010
Federal State Local Total
$95 $2 $3 $100
$95 $2 $3 $100
ENVIRONMENTAL $48,355 $1,273 $1,272 $50,900
'Male Hazard Assessment
CONSULTANT - ENV8 $48,355 $1,273 , $1,272 $50,900
DESIGN $0 $0 $0 $0
CONSTRUCTION $0 $0 $0 $0
CONTINGENCIES $0 $0 $0 SO
Construction contingencies $0 $0 $0 $0
TOTAL PROJECT BUDGET $48,450 $1,275 $1,275 $51,000
MAC Transfer: 9/15/10
CONTRACT NO, 2011-0055
FEDERAL PROJECT NO, D-26-0079-6808
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 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 I, dated November 10,
2010, attached hereto and made a part hereof,
PROJECT' DESCRIPTION: PERFORM A WILDLIFE HAZARD ASSESSMENT,
W1TNESSETH:
WHEREAS, the PROJECT is eligible for federal funding pursuant to the Airport and Airway
Improvement Act of 1982, as amended, and/or the Aviation Safety and Noise Abatement Act of
1979; and
WHEREAS, the DEPARTMENT has received a block grant from the Federal Aviation
Administration (FAA) for airport development projects; and
WHEREAS, the DEPARTMENT is responsible for the allocation and management of block
grant funds pursuant to the above noted act;
NOW, THEREFORE, the parties agree:
1, The term "PROJECT COST," as herein used, is defined in Attachment(s) 2, 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.
11/17/2010 1 PUBLIC BLOCK GRANT 2 Ow
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
select the consultant for all other aspects of the PROJECT. All consultant contracts will
be submitted to the .DEPARTMENT for review and approval. Any such approvals will
not be construed as a warranty of the consultant's qualifications, professional standing,
ability to perform the work being subcontracted, or financial integrity. The SPONSOR
will neither award a consultant contract nor authorize the consultant to proceed prior to
receiving written approval of the contract from the DEPARTMENT. Any change to the
consultant contract will require prior written approval from the DEPARTMENT. In the
event that the consultant contract is terminated, the SPONSOR will give immediate
written notice to the DEPARTMENT.
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 of 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
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.
11/17/2010 2 PUBLIC BLOCK GRANT 2 vlw
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 OMB Circular A-133, as revised or amended,
and the provisions of 1951 PA 51; MCL 247,660h; MSA 9.1097(10i), as
applicable, that is in effect at the time of Contract award with regard to audits.
i. 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 (OMB) Circular A-133, as revised or
amended,
The SPONSOR will submit two (2) copies of:
The Reporting Package
The Data Collection Package
The management letter to the SPONSOR, if one issued by the audit
firm
The OMB Circular A-133 audit must be submitted to the address below in
accordance with the time frame established in the circular, as revised or
amended,
ii, 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(s).
This information must also be submitted to the address below.
Address: Michigan Department of Transportation
Bureau of Aeronautics and Freight Services (Aeronautics)
2700 Port Lansing Road
Capital City Airport
Lansing, MI 48906-2060
iv. Agencies must also comply with applicable state laws and regulations
relative to audit requirements.
v. Agencies will not charge audit costs to the DEPARTMENT's federal
programs that are not in accordance with the aforementioned OMB
Circular A-133 requirements,
vi. All agencies are subject to the federally-required monitoring activities,
which may include limited scope reviews and other on-site monitoring,
11/17/2010 3 PUBLIC BLOCK GRANT 2 v/u,
vii, The federal award associated with this Contract is CFDA Airport
Improvement Program number 20.106, Federal Project Number D-26-
0079-6808, 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 until that dispute has been finally decided and the time for all available
challenges or appeals of that decision has expired.
The DEPARTMENT or its representative may inspect, copy, or audit the
RECORDS at any reasonable time after giving reasonable notice.
e. If any part of the work is subcontracted, the SPONSOR will assure compliance
with subsections (a), (b), (c), and (d) above for all subcontracted work.
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
SPONSOR's obligations and duties contained in this Contract. All technical data, reports,
and documents will be maintained for a period of six (6) years from the date of final
payment.
6, The SPONSOR agrees to require all prime contractors to pay each subcontractor for the
satisfactory completion of work associated with the subcontract no later than ten (10)
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 requirement of 49 CFR, Part 26, as amended, and
does not confer third-party beneficiary right Or other direct right to a subcontractor
against the DEPARTMENT. This provision applies to both Disadvantaged Business
Enterprise (DBE) and non-DBE subcontractors.
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 DRPARTMENT semi-
11/17/2010 4 PUBLIC BLOCK GRANT 2 Ow
annually in the format set forth in Appendix G, dated July 2010, 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 the FAA
"Terms and Conditions of Accepting Airport Improvement Program Grants" signed on
May 25, 2006,
THE DEPARTMENT WILL:
8. Bill the SPONSOR for the SPONSOR's share of the estimated PROJECT COST. The
DEPARTMENT will bill the SPONSOR for the SPONSOR's share of additional
estimated PROJECT COSTS for changes approved in accordance with Section 14 at the
time of award of the amendment for approved work.
9, Upon receipt of payment request approved by the SPONSOR, make payment for eligible
PROJECT COSTS. The DEPARTMENT will seek reimbursement from the FAA
through the block grant issued to the DEPARTMENT for funds expended on eligible
PROJECT COSTS.
The DEPARTMENT will not make payments for any PROJECT work prior to receipt of'
payment from the SPONSOR for the SPONSOR's share of that item of PROJECT work.
10. Make final accounting to the SPONSOR upon completion of the PROJECT, payment of
all PROJECT COSTS, and completion of necessary audits. Any excesses or deficiencies
will be returned or billed to the SPONSOR.
'ff IS FURTHER AGREED:
The PROJECT COST participation is estimated to be as shown below and as in the
attached Exhibit 1, Exhibit 1 is to be considered an estimate. The actual
DEPARTMENT, FAA, and SPONSOR shares of the PROJECT COST will be
determined at the time of financial closure of the FAA grant.
11/17/2010 5 PUBLIC BLOCK GRANT 2 v/u,
Federal Share ...... . ......... ..... ..... ..... „....„„., ........ , $48,450,00
Maximum DEPARTMENT Share ...... ..... .$1,275.00
SPONSOR Share ....... . ........ ...... ..... ...... ,...„,...........$1,275.00
Estimated PROJECT COST ............... ..... ....... ...„...„,.... ......... ...... $51,000,00
12. The PROJECT COST will be met in part with federal funds granted to the
DEPARTMENT by the FAA through the block grant program and in part with
DEPARTMENT funds. Upon final settlement of cost, the federal funds 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 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 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,
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 Contract that apply to
the reporting of 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 obligation of
DEPARTMENT and federal funds may be adjusted to an amount less than the
maximums shown in Section 11 through a budget letter issued by the DEPARTMENT. A
budget letter will be used when updated cost estimates for the PROJECT 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 will also be used to add or .delete work items from the PROJECT
description, provided that the costs- do not exceed the maximum obligations of Section
11/17/2010 6 PUBLIC BLOCK GRANT 2 Ow
11, If the total amount of the PROJECT COST exceeds the maximum obligations shown
in Section 11, the PROJECT scope will have to be reduced or a written amendment to
this Contract to provide additional funds will have to be awarded by the parties before the
work is started. •
15. In the event it is determined by the DEPARTMENT that there will 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. 111 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 he
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 (c) submit to the
DEPARTMENT a written explanation as to any questioned or no opinion expressed item
of expense, hereinafter referred to as the "RESPONSE." The RESPONSE will be clearly
stated and will provide any supporting documentation necessary to resolve any
disagreement or questioned or no opinion expressed item of expense. Where the
documentation is voluminous, the SPONSOR may supply appropriate excerpts and make
alternate arrangements to conveniently and reasonably make that documentation
available for review by the DEPARTMENT. The RESPONSE will refer to and apply the
language of the Contract, The SPONSOR agrees that failure to submit a RESPONSE
within the sixty (60) day period constitutes agreement with any disallowance of an item
of expense and authorizes the DEPARTMENT to finally disallow any items of
questioned or no opinion expressed cost.
The DEPARTMENT will make its decision with regard to any Notice of Audit Results
and RESPONSE within one hundred twenty (120) days after the date of the Notice of
Audit Results, If the DEPARTMENT determines that an overpayment has been made to
the SPONSOR, the SPONSOR will repay that amount to the DEPARTMENT or reach
agreement with the DEPARTMENT on a repayment schedule within thirty (30) days
after the date of an invoice from the DEPARTMENT. If the SPONSOR fails to repay the
overpayment or reach agreement with the DEPARTMENT on a repayment schedule
within the thirty (30) day period, the SPONSOR agrees that the DEPARTMENT will
deduct all or a portion of the overpayment from any funds then or thereafter payable by
11/17/2010 7 PUBLIC BLOCK GRANT 2
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 will
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 rate of
interest will be reviewed annually by the DEPARTMENT and adjusted as necessary
based on the Michigan Department of Treasury common cash funds interest earnings,
The SPONSOR expressly consents to this withholding or offsetting of funds under those
circumstances, reserving the right to file a lawsuit in the Court of Claims to contest the
DEPARTMENT's decision only as to any item of expense the disallowance of which 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.
1 9, 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
(hereinafter in Appendix A referred to as the "contractor") agree to comply with the State
of Michigan provisions for "Prohibition of Discrimination in State Contracts," as set forth
in Appendix A, attached hereto and made a part hereof. The 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 part
hereof, and will require similar covenants on the part of any contractor or subcontractor
r.mnInvM in the, nerformance of this Contract.
11/17/2010 8 PUBLIC BLOCK GRANT 2 v/ii,
The SPONSOR will carry out the applicable requirements of the DEPARTMENT's
Disadvantaged Business Enterprise (DBE) program and 49 CFR Part 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 423.321 et seq; MSA 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
were used to meet the SPONSOR's obligation to the DEPARTMENT under this Contract
due to any violation of 15 USC, Sections 1 - 15, and/or 1984 PA 274, MCL 445.771 -
.788, excluding Section 4a, to the State of Michigan or the DEPARTMENT as a third-
party beneficiary.
The SPONSOR shall notify the DEPARTMENT if it becomes aware that an antitrust
violation with regard to claims based on goods or Services that were used to meet the
SPONSOR' s obligation to the DEPARTMENT under this Contract may have occurred or
is threatened to occur. The SPONSOR shall also notify the DEPARTMENT if it
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 he the sole responsibility of the party/parties to the contract that is/are the
subject of the controversy. It is understood and agreed that any legal representation of
the SPONSOR in any dispute and/or litigation will be the financial responsibility of the
11/17/2010 9 PUBLIC BLOCK GRANT 2 v/is,
24. The DEPARTMENT and the FAA will not be subject to any obligations or liabilities 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 solicitation thereof.
25, 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 not 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 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.
I 1/17/2010 10 PUBLIC BLOCK GRANT 2 vim)
27, This Contract will become binding on the parties and of full force and effect upon signing
by the duly authorized representatives of the SPONSOR and the DEPARTMENT and
upon adoption of a resolution approving said Contract and authorizing the signature(s)
thereto of the respective representative(s) of the SPONSOR, a certified copy of which
resolution will be sent to the DEPARTMENT with this Contract, as applicable.
IN WITNESS WHEREOF, the parties have caused this Contract to be awarded,
COUNTY OF OAKLAND
By:
Title:
MICHIGAN DEPARTMENT OF TRANSPORTATION
By.
Title: Department Director
11/17/2010 11 PUBLIC BLOCK GRANT 2 p/w
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 (FT-TWA) 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 Rights 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 be 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
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 Civil 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.
2. 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 forms of
compensation; and selection for training, including apprenticeship.
3. 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,
weight, marital status, or disability that is unrelated to the individual's ability to perform
the duties of a particular job or position.
4. The contractor 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 labor union or
workers' representative 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 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 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,
7. 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
contract found to have been violated and/or declare the contractor ineligible for future
contracts with the state and its political and civil subdivisions, departments, and officers,
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
participate in such proceedings.
8. The contractor agrees to cooperate • with the Department's Project ,Manager or designee
and the Department's Equal Employment Opportunity Officer 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 Title VII and Public Act
453 of 1976.
9. The contractor shall comply with 23 CFR Subpart D and Executive Order 11246, and as
such, the contractor or subcontractor shall conduct a prompt, thorough, and fair
investigation of all complaints brought. forward under Title VII and Public Act 453 of
1976, in cooperation with the Department's Equal Employment Opportunity Officer,
10. The contractor shall provide a written report detailing the findings of the investigation 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 CFR 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 Development.
11. 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 ordds 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. •
2, 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
230.405(b)(1) may result in the US. Department of Transportation taking any or all of
the following actions (see 23 CFR Part 630, Subpart C, Appendix A):
i) canceling, terminating, or suspending the federal aid project agreement in whole
or 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.
Revised March 2010
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:
Compliance with Regulations. The contractor will comply with the Regulations relative
to nondiscrimination in federally assisted programs of the Department of Transportation
(hereinafter "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time (hereinafter referred to as the Regulations), which are herein
- incorporated by reference and made a part of this contract.
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.
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.
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 information,
5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the sponsor will impose such contract
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
complies, and/or
b. Cancellation, termination, or suspension of the contract, in whole or in part.
6. 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 or procurement as the
sponsor or the • FAA may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or supplier as a result of
such direction, the contractor may request the Sponsor to enter into such litigation to
protect the interests of the sponsor and, in addition, the contractor may request the United
States to enter into such litigation to protect the interests of the United States,
(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 U.S.C., 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 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 in the termination of this contract or
such other remedy as the recipient deems appropriate.
Airport Name: Oakland County Memorial-Airport
Associated City: Pontiac, Michigan
Project No: D-26-0079-6g08
APPENDIX F
SPECIAL CONDITIONS
1. RUNWAY PROTECTION ZONES The Sponsor agrees to take the following actions to
maintain and/or acquire a property interest, satisfactory to the FAA, in the Runway
Protection Zones:
a. Existing Fee Title Interest in the Runway Protection Zone.
The Sponsor agrees to prevent the erection or creation of any structure or place of
public assembly in the Runway Protection Zone, as depicted on the Exhibit "A"
Property Map, except for »avaids that are liked by their functional purposes or any
other structure approved by the FAA. Any existing structures or uses within the
Runway Protection Zone will be cleared or discontinued unless approved by the
FAA. •
b. 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 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,
2. AIR AND WATER QUALITY. Approval of the project included in this agreement is
conditioned . on the Sponsor's compliance with applicable air and water quality standards in
accomplishing project construction and in operating the airport. Failure to comply with this
requirement may result in suspension, cancellation, or termination of federal assistance under
this agreement,
3. BUY AMERICAN REQUIREMENT, Unless otherwise approved by the FAA, the Sponsor
will not acquire or permit any contractor or subcontractor to acquire any steel or
manufactured products produced outside the United States to be used for any 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.
4. WASTE DISPOSAL SITES. It is hereby agreed by and between tilepities hereto that,
within its authority, the Sponsor will not approve or permit 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
A lI
- I -
5. - OPEN BIDDING. 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
c. '
Require any bidder, offeror, contractor, or subcontractor to enter into, adhere to, or
enforce any agreement that requires its employees, as a condition of employment, to:
(1) become members of or affiliated with a labor organization, or
(2) 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 adrrnnistration, or grievance adjustment,
The Sponsor further agrees to require any contractor or subcontractor to agree to not
include any similar provision that would violate paragraphs a through c above in their
contracts or subcontracts pertaining to the projects under this grant.
6. PAVEMENT MAINTENANCE MANAGEMENT PROGRAM (PGL 95-2). For a project to
replace or reconstruct pavement at the airport, the Sponsor shall implement an effective
airport pavement maintenance program as is required by airport Sponsor Assurance Number
C-11. The Sponsor shall use such program for the useful life of any pavement constructed,
reconstructed, or repaired with federal financial assistance at the airport. As a minimum, the
program must conform with the provisions outlined below:
Pavement Maintenance Management Program. An effective pavement maintenance
management program is one that details the procedures to be followed to assure that proper
pavement maintenance, both preventive and repair, is performed. An airport sponsor may
use any form of inspection program it deems appropriate. As a minimum, the program must
include the following:
a. Pavement Inventory. The following must be depicted in an appropriate form and
level of detail:
(1) location of all runways, taxiways, and aprons;
(2) dimensions;
tyre, of 1,9w.me nt and. , .
(4) year of construction or most recent major rehabilitation.
For compliance with the Airport improvement Program (ALP) assurances, pavements
that have been constructed ; reconstructed, or repaired with federal financial assistance
shall be so depicted.
- 2 -
b. Inspection Schedule.
Detailed Inspection. A detailed inspection must be performed at least 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
below:
(1) inspection date,
(2) location,
(3) • distress types, and
(4) maintenance scheduled or performed.
For drive-by inspections, the date of inspection and any maintenance performed must .
be recorded,
d. Information Retrieval. An airport sponsor may use any form of record keeping it
deems appropriate, so long as the information and records produced by the pavement
survey can be retrieved to provide a report to the FAA as may be required,
e. Reference. Refer to Advisory Circular 150/5380-6, "Guidelines and. Procedures for
Maintenance of Airport Pavements," for specific guidelines and procedures for
maintaining airport pavements and establishing an effective maintenance program.
Specific types of distress, their probable causes, inspection guidelines, and
recommended methods of repair are presented.
7. AGENCY AGREEMENT. The Sponsor will not amend, modify, or terminate the agency
relationship between the Sponsor, as principal, and the Michigan Aeronautics Commission,
as agent, created by the Agency Agreement without prior written approval of the FAA.
(1 )
COMMENTS:
Michigan Department
Of Transportaf or,
01 05 (07/10) Appendix G
Prime Consultant Statement of DBE Sub-Consultant Payments
Information required in accordance with 49 C.FR .§26,37 to monitor progress of the prime consultant in meeting contractual obligations to DBEs
- —
PRIME CONSULTANT CHECK IF PRIME IS I AUTHORIZATION NO. CONTRACT NO.
_ Li MDOT-DBE CERTIFIED
BILLING PERIOD: Check if Final Payment D ,_103 NO.
CUMULATIVE
CERTIPIED DBE TOTAL DOLLAR ACTUAL ACTUAL AMOUNT I DBE AUTHORZI ED PAID DURING SERVICES WORK PERFORMED CONTRACT VALUE OF DEDUCTIONS AMOUNT PAID SIGNATURE. (Final DATE SUBCONSULTANT THIS REPORTING AMOUNT SERVICES TO DATE PERIOD Payrnent Report Only)
COMPELTED
—
I
- 1
I
state that, to the best of m As the authorized representative of the above prime consultant,
PRIME CONSULTANT'S AUTHORIZED REPRESENTATIVE (signature) I TITLE
knowledge, this information is true and accurate
DATEMDO
SPECIAL NOTE: "Prime Consultant or Authorized Representative" refers to recipients of federal funds as defined at 49 Code of Federal Regulations Part 26
MDOT 0165 (07/10)
INSTRUCTIONS
PRIME CONSULTANT OR AUTHORZIED REPRESENTATIVE:
This statement reports the actual dollar amounts of the project cost earned by and paid to DBE subconsultants. Complete and submit to -the Payment Analyst with
each billing and within 20 days of receipt of final payment. Some forms may be blank if no payment was made since the previous billing.
For "Contract No., Authorization No.," and "Job No." as appropriate, use the numbers assigned by MOOT.
For 'Period Covered," report the calendar days covered by the billing.
For "Services Work Performed" report the main service performed by the subconsultant during the reporting period.
For 'Total Contract Amount" report the total amount of the contract between the prime consultant and the subconsultant.
For 'Cumulative Dollar Value of Services Completed" report the total amount the subconsultant has earned since beginning this project.
For "Deductions,' report deductions made by the prime consultant to the suboonsultant's "Cumulative Dollar Value of Services Completed" for retainege, bond or
other fees, materials, services or equipment provided to the subconsultant according to mutual, prior agreement (documentation of such agreement may be
required by MOOT).
For "Actual Amount Paid to Date," report cumulative actual payments made to the subconsultant for services completed.
For "Actual Amount Paid During this Report Period" report actual payments made to the subcontractor for services during this reporting period.
"Provide "DBE Authorized Signature" for final payment only.
Be sure to sign, title and date this statement
MOOT PAYMENT ANALYST:
Complete "Comments" if necessary, sign date and forward to the Office of Business Development within seven (7) days of receipt.
MOOT Office of Business Development
P.O. Box 30050
Lansing, Michigan 48909
Questions about this form? Call Toll-free, 1-866-DBE-1264
FISCAL NOTE (MISC #11012) January 20, 2011
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES — OAKLAND COUNTY INTERNATIONAL
AIRPORT — 2010 GRANT PROGRAM ACCEPTANCE — PERFORM WILDLIFE HAZARD
ASSESSMENT
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. 2011-0055, Federal Project No. D-26-0079-6808, for Federal funds
in the amount of $48,450, State funds in the amount of $1,275 and a required
local grant match of $1,275 for the development and improvement of Oakland
County International Airport.
2. The project consists of Wildlife Hazard Assessment 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 $51,000 with $48,450 of the cost from Federal
funds, $1,275 of the cost from State funds, and $1,275 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.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Woodward absent
Resolution #11012 January 20, 2011
Moved by Scott supported by Woodward the resolutions (with fiscal notes attached) on the Consent Agenda
be adopted (with accompanying reports being accepted).
AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Long,
Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert,
Woodward, Zack, Bosnic. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda
were adopted (with accompanying reports being accepted).
_
'iti:IT4Y- APPROVE THE FOftG
/
OING RESOLUTION
1 )
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I. Bill Bullard Jr., 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 January 20, 2011,
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 20th day of January, 2011.
E,L_2(2_ 094.
Bill Bullard Jr., Oakland County