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HomeMy WebLinkAboutResolutions - 2011.06.09 - 18614MISCELLANEOUS RESOLUTION #11126 BY: Commissioner Tom Middleton, District #4 IN RE: BOARD OF COMMISSIONERS OAKLAND COUNTY INTERNATIONAL AIRPORT-2011 GRANT PROGRAM ACCEPTANCE — RECONSTRUCTION OF TERMINAL PARKING LOT (PHASE 2) To the Oakland County Board of Commissioners Chairperson. Ladies and Gentlemen: WHEREAS the County of Oakland has without prior notice of award received on Wednesday, June 8, 2011, a Michigan Department of Transportation Grant Contract No. 2011-0369, Federal Project No. 0-26- 0079-7011, for Federal funds in the amount of $200,000, and State funds in the amount of $5;263, for the development and improvement of Oakland County International Airport; and WHEREAS the project consists of reconstruction of the terminal parking lot (Phase 2) at Oakland County International Airport; and WHEREAS immediate acceptance of the grant is essential to timely completion of the project, since under the terms of the Federal Grant, the project is not eligible for reimbursement; 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 $5,264 which is available from the airport fund; and WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the grant contract; and WHEREAS the attached contract will be retroactively processed in accordance with the County Executive's review process; and WHEREAS no application was requested from Oakland County; therefore, the application provisions of M.R. #95098, do not apply. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant contract in an amount not to exceed $210,527, which includes a local grant match of $5,264, which is available from the airport fund. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant contract, contingent upon County review and approval in accordance with the grant review process. Chairperson, we move the adoption of the foregoing resolution. n Zu I /:)qrtil 1v).)1 /Alrpc. No, 4/SS r. PROJECT DESCRIPTION RECONSTRUCTIO LOT (PHASE 2), 1INAL PARKING CONTRACT NO. 2011-0369 FEDERAL PROJECT NO, D-26-0079-7011 AGENDA: DAB MICHIGAN DEPARTMENT OF TRANSPORTATION COUNTY OF OAKLAND CONTRACT FOR A FEDERAL/STATEfLOCAL AIRPORT PROJECT UNDER THE BLOCK GRANT PROGRAM This Contract is made and entered into this date of by 'and between, the Michigan Department of Tran sportation, 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 May 23, 2011, attached hereto and made a parr hereof_ WITNPSsE.:TH; WHEREAS, ihe PROJECT is eligibie for federal funding pursuant to the Airport. and Airway Jrnprovernent. Act of 1982, as amended, and/or the Aviation Safety end Noise Abatement Act of 1919; and WHEREAS, the DEPARTMENT has received a block grant from the Federal Aviation Administration (FAA) for airport development projects; and WHEREAS, the DEPARTMENT is respo grant funds pursuant to the above noted act; NOW, THEREFORE. the parties agree: silAu for the allocation and management of Work 6/8/2011 1 PUBLIC BLOCK IN S 5 1,11,1' r !VIOU! a rcri J I Tie term "PROJECT COST," as herein used, is defined in Attachmect(s) 1, attactie.d hereto and made a part lieleof, The PROJECT COST will also include administrativa costs incurred by the DEPARTMENT in connection with the PROJECT, A„dministrative 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 PROJE(....7 that requires expea-tise, 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 [,PONSOR will Select the consultant for all other aspects of the PROJECT. All consukant contracts will be submitted to the DEPARTMENT for review and appicoval. Any such approvals will not be eunsintect 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 receivinicif, written approval of the contract from the DEPARTMENT, Any chaoge to the consultant contract will require prior written approval from the DEPA,RTMENT. in the event that rho ...consilitant....,,,contraet-iernainatek the- SPONSOR willgive immediate writtefl noticer to the DEPARTMENT. Make payment o the DEPARTMENT for the SPONSOR's share of the PROJECT COSTS within thirty (30) days of the billing date. The DEPARTMENT wfli not make payments for any PROJECT work print 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 :;ubrniued for credni 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 ON; days of the date of award of this Contract by the patties, whichever . is later. Documentation of the PROJECT COST will include copies of tie' invoices oh which the SPONSOR, will -i.vrire the amounts paid, the check numbers, the voucher numbers, Mid 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 brim- to the date of the billing. Should it, be detcrunned that the SPONSOR has been !ziVell credit for payment of inel(gible, items of work, the SiPONSOR will be billed an amount to insure that the SPONSOR share of PROJECT COSTS is covered. The SPONSOR 1le4es sufficient _hinds to meet its obligations under this Contract, VA-1 itli F egad to audits and record-kcdping, a., The. SPONSOR will establish and. maintain accurate records in accroTIANCe e,' di accepted accotinting principles, of all exptqlses mcurrect fol. which payment is sought or icade under this Contract, said records to be hereinafter 2) , 515/201,1 2. fl:JBLIt Ell...00K-1.7rRAT\l`f 2 vitt, Commissioner District # I ' Commissioner District # cj Commissioner District # Commissioner District # orquissione # Commissiç'he District #014. •oOmmission j. Distric ommissi District # Commissioner Distric/# District # Commissi District # Commissioner 1Distri-igt # Jv C. missioner Irstrict # 41_2 6ommissione Dis Cornmissi a neie' District0-2.4 Commissioner District # District r District # Commissioner District # -- ,Gommissiones- (aistict, # c„. Commissioner: District # Jun, zuH z: — •(porT.'s 1)Ivslorl 5. r , 4 referred to as the "RECORDS parate accounts iiil1 ho established and maiiitained for ail costs incurred under this Contract- U. Audit and inspeution. The SPONSOR will comply with the SinglE,, .Andit Act of 1984, as amended, including, but not limited Lo, the Single Audit Amendments of 1996 (31 U.S.C. TA1-7507) the OMB Circular A-1_33, as revised or amended, and the Provisions of 1951 PA 51; MCL 247.6601-1, MSA 9.1097(10i), as npplicable, that is In effect at the 'chyle of Contract award with it:-gilfd to audits. Agencies expending a total of 'Five 'Hundred Thousand Dollars (.9500,000.00) or Triiire in federal funds from ono or more tunding sources in their fiscal year will comply with the require/news of the federal °Mr,: of Management and Budget, (OMB) Circular A-133, as feNiSe.11 amended, The SPONSOR will submit two (2) copies of: The Reporting Package. Tim 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 rime frame established hi the circular, as revised or amended. Agencies expending less than Five Hundred Thou'::and Dollars ($500,000.00) in federal funds mug 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 ftderai funds spent, the name(s) of the DEPARTMENT federal proi-,rams, and the CF,DA grant number(s), Tide infonnation must abo be subpaitted to the address below. Address: Michigan Department of Iran spoaation 1Bureau of Aeronautics, and Freight Services (Aerdnaiiiius) Attn: Aviation Services Division 2700 Port Lansing Road Lansing, MI £1 9906-2060 iV Agencier.5 must also comply with applicable state laws and regulations relative [0SULIjI. requirements, .Agencies will not charge audit costs to the DEPART MENT's tederal pcograpas that are not ii accordance with thr.,!. alnreelentioneci rii\AFt Circular t-s,.-I3.3 rciquireiments. 602011 2 PUBLIC BLOCK C4i.ANT 2 iilui Jn. s LT! I I : j`) Iv[L)(J - oorT 1.) ! All apencies arc subject to the fe,derally-required monitoring actrvitics, which may include limited ,s-cope reviews and other on-site 'monitoring. vii, The federal award associated with this Cont: ac is CEDA Airport Improvement Program number 20,1_06, Federal Projeci l\furnber D-26- 0079-7011, awatri yea'. 2011_, Federal Aviation Administration, Department ot . Transportation, The SPONSOR will maintain the RECORDS for at least 5'.;< (6) yaia 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 uncief° this Contract, the SPONSOR will thereafter continue to maintain the RECORDS at least until that dispute has been finally decided and the time tor all available challenges or appeals of that decision has expired. ii The DEPARTMENT or its representative may inspect, copy, or audit the RECORDS at any reasonable time after giving reasonable notice. If any Raft of the workis subronuna -cL-------tile:-SPONSOR will assure compliance with subsections (a), (b), (c), and (d) above for all subcontracted work. Provide and will require its subcontractors to provide access by the DEPARTMENT or its representatives to all technical data, accouhting records, reports, and documents pertaining, to this Contract, Copies of technical data, reports, and ov.her documents wilt be provided by the SPONSOR or its subcontractors to the DEPARTMENT upon request, The SPONSOR agrees to permit representatives of the DEFA.RTMENT 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 i-elieve or negate- any of the SPONSOR's obligations and duties contained in this CQutracc_ All technical d[tr_a, reports, and documents will be IISH.irwAncci for a pfsiod of ,s;,c. (6) yearL4 from the- date of fetal paymc...nt. 6_ The 'SPONSOR ap:reas ro require all prime contractors to pay each subcontractor for tie satisfactory completion of work associated with the subcontract no later than ten (36) caleildar days from the receipt of each payment the prime contractor receives Item the DEPARTMENT or SPONSOR, 'The prime contractor also is .;.tituired to return retainage payments to each subcontractor within ten (10) calendar days after the subcontractor's work is satisfactorily completed. Any delay or postponertieut of payment. from these time frames may occur only upon receipt of -written approval from the DEPARTMENT Thc,!sci. rcioufternen ts are also minlicalik to all sub -tier subcontractor 2nd will be marte part of all subcontract agreements_ This prompt payricili pro -vision is a requiremenr_ of 49 CFR, Part 26, as arnenckid, and iloes nor confPr benefici2rv nr cal 1P-I" v"10rht a',!alE1,S1tue DEF,ARTMENT. This provision applies to both EnCerpritie (D113E) and non-DEE subcontrilctors. C '6/R/2011 4 PUBLIC BLOCK GRANT '2 Ow : r — AirpoFTs r, The SPONSOR further agrees that it will comply with 49 CFR, Part 26, as amended, and wifl teport any and all DBE subcontractor payrnents to the DEPARTMENT smi- annually in the format 3et. forth in Appendix 0, dated July 2010, attached hereto and made a part hereof, or any other format acceptable to the DEPARTMENT. La 040 performance of the PROJECT herein enumerated, by itself, by a subcontractor, or by anyone acting on its behalf., comply with any and all state, fedeial, arld local applicable, statutes, ordinances„ and regulations, The SPO.ttISOR furiher agrees To obtain all permits that are applicable to the, entry into and the performance of this CODEfaCC, The SPONSOR agrees to comply with the Special Conditions set forthi in Appendix F, anched hereto and made a part hereoh hi addition, the SPONSOR agrees to accomplish the project in compliance with the FAA "Terms and Conditions of Accepting- Airport Improvement Prop-am Grants" signed on June 1, THE DEPARTMENT WILL:. 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 cyl- award of the arriend.rnent for approved work, Upon receipt of payment request approved by the SPONSOR, make payment for eligible PROJECT COSTS, The DEPARTMENT will seek reimbursement from the FAA througt the. block grant Issued to die :DEPARTMENT for funds expended on eligible PROJECT COSTS. The DEPARTMENT will not make payments for any PROJECT tvotk prior to receipt of payment from the SPONSOR for the SPONSOR's share of that item of PROJECT v.tork. 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 hilled to time SPONSOR. IT IS FURTHER AClREED. 'r he PRJ...).11:it..:.T COST partic'tpation mr estimated to be as shown below and as in the attached .Exhihis 'I, Exhibit I is to be. considered an 1::stirriate. The actual DEPARTMENT, FAA, and SPONSOR sharer H htf. PIWJECT COST be determined at the time of financial closure of the. FAA grant. 11. 6/R/2011 5 PUBLIC RI ,OCK.. tfiji?„ANT 2 4 tv u s, z : IVII)U I — r p r s Ulvls s Federal Share Maximum DEPARTMENT Share .........,„.................. .... „.„....„.........,.....,,,......., 5,5,263.00 SPONSOR Share , , 5.5 264.00 .Estirnared PROJECT COST , S210,527,00 12 The PROJECT COST will he met in part with federal funds granted to he 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 fedora] 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 riot to exceed nitkoty p(=.;i'oent (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 sot 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 DEPARTTVIENT may reduce the amount of this Contract if the revenue actually received is insufficient to support the EPPropriation under which this Contract is made, The SPONSOR agrees that the cogs 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 fferide itself aware of the applicable laws, regulations, and terms of this Contraci 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 DE,PARTMENT 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 binbrer letter will be used when updated cost estimates for the PROJECT reflect a chance in the amount of funds needed to fund all PROJECT COSTS, The budget letter will he signed by the Administrator of Airports Division of the Multi-Modal Transportation Services Bureau (Aeronautics). A 'budget letter will also be used ro add or delete work items front the PROJECT description. provided that the oasis do not exceed the 111,176-num ObIlgalionf, of Section. r 6 6/51201 PUBLIC BLOCK GRANT 2, 17.1w Jun, 0, 2U11 2.:qtft,/! Mtiul - livIslon q r. 11. If the total arnount of the. PROJECT COST exceeds the nriax,iinum obligations shown in Section 11, the, PROJECT scope will have to he reduced or a written anlendment to ThiS Contract to provide additional funds will have to be awarded by the parties before the work is stated. 15. In the event it is determined by the DEPARTMENT that there will he either insufficient funds or insufficient time to properly administer such funds for the, entire PROTECT or pottions thereof, the DEPARTMENT, prior to advertising or authorizing work performance, may cancel the PROJECT Of 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 CoorraCt or questions the allowability of an item of expense ; the DEPARTMENT will promptly subunit to the SPONSOR a Notice of Andit Results and a copy of the audit report, which may supplement or modify an 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 he responsible Bureau of the DEPARTMENT indicating whether or not it concurs with the audit report, (b) clearly explain the nature anti 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 Cl 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 re_aT 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 c..11' ques,tioned or no opinion expressed cost, The DEPARTMENT will make its decision with regard to any Notice of Audit Result:.: and RESPONSE within one hundred t)venty (120) da\d:; after the date of the Notice el!' A udo: Rnuir,s , lI the DEPARTMENT' dc-.1.7a-nines that an overnaviTient has been made to he SPONSOR ; the SPONSOR will repay that amount to the DEFI\RTiv/ENT or reach 11)-,,RT_Thent with the DEPARTMENT on a repayment schedule within Cnirty 00) day- Mer the date of an invoice from the DEPARTMENT. If the SPONSOR fails to repay the ft,9 nEpARTNIENT i-myrrie.nr the thirty (X) day period, the SPONSOR agrees that tile DEPAIlTMENT will deduct all or a portion of the overpayment from any funds then or thereafter payable b7 6TEl011 7 PUBLIC BLOCK GR O. !C.). 2.0 I I U - /-\ p!!) r s v s n t‘J Lir/ • .;) the DEPARTIVIENT 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 [0 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 Coll traa will he in effect from the date of award through twenty (20) years, IS . 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. stare of noncompliance, thereby making the SPONSOR ineligible for future federal and/or stare 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 1,1-ie„ 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 tc,-, 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 in formation the DEPARTMENT. In connection with the performance of PROJECT work under this Contract, the parties (hereinaficr M Appendix A referred to as the "contractor") agree to comply with the State of Michigan provisions for "Prohibition of Discrimination in Stale 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 EL. U-35"2„ 78 Star. 241, and the Regulaions of the United States Department of Transportation (49 CPR, Parr 21) issued pursuant to said Act, including Appendix B. attached hetato and made a heFoof, and will require similar covenants on the part of any contractor or subcontractor employed in the performance of this Contract, 6/5/2011 5 PUBLIC BLOCK GRANT 2_ elw r — Hustol 'Jun. I "l I 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, hi accordance with 1980 PA 278; mcf, 423,321 et sea; MSA 17458(22), et sect, 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 rliffcreni: '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, With regard to claims based on goads 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 <la, 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 good: or services that were used to meet the SPONSOR's obligation to the DEPARTMENT wider this Contract due to any violation of 15 USC, Sections 1 - 15, and/or 1984 PA 274, NICE 445.771 - .188, 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 cc 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 acWon with regard Co claims based on goods or services that were used to Iliet;i the SPONSUR'c obligation to the libp ARTMENT under this Contract, 123', fri 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 uf lie coni'mversv, It Lri„ onderitocdfuld agretd !Jiro- rirLy ig,s1 representation of the SPONSOR in any dispute andlor litigation will be the financial responsibility of the SPONSOR, 6/8/2011 9 PUBLIC BLOCK GRANT 2 Qui n, 11 7 II 2:qjr p-Hr rio i'L; 1)1515105 ND. q V.) H I 2d. The DEPARTMENT and the FAA will riot be subject to any obligations or liabilities by contractors of the SPONSOR or their subcontractors or any other person not a party to thiLi Contract without its specific consent: and notwithstanding its concurrence in or approval of the award of any contract or subcontract of the solicitation thereof, Each party to this Contract will remain responsible for any claims arising out of that party's performance of this Contract as provided by this Contract or by This. Contract is riot: 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. 10 PUBLIC BLOCK GRANT 72 ni C/8/2011 I I 2:U V V — ,4; IrpprTs Uv o Vs ?.7. This Conti- ac[ will become binding on the- parties and of NI force aild effect upon signing by the- duly authorized representatives of the SPONSOR and the DEPARTMENT and upon adoption of a rescOution approving said Contract and authorizing the signature(s) thereto of the respective representative(s) of the SPONSOR, a certified copy of which resolution will he sent to the DEPARTMENT with this Contract, as applicable. IN WITNESS WHEREOF, the parties have caused this Contract to he awarded. CHUNTY OF OAKLAND By: MICHIGAN DEPARTMENT OF TRANSPORTATION By: — — Title: Department Director OCK GRANT vity 6/X/201 ii PUBLICI3 r. No, 0 To To Tp To To ENVIEONMENTAL DESIGN $0 50 $o $0 $0 $0 $0 C0NTINGENGIE:T3 ConstruGtinn contion"enci ,cs u n , 1L.) I I 2 r 1\11 I -- T. 5 Ii1V ell EXTI113 OAKLAND COUNTY INTENATIONAL AlF,PORT PONTIAC, MICHIGAN Prulect No. D-26-0079-7011 Contrw.;( No, FM 63-01-0100 May 23, 2011 ADMINIC;TEATION DETARTMENT-AERO r2deral $475 LocL.E:11 Toti $12 $13 $500 $13 CONSTSUCTION l'Ztr.;-211si,nuct termin.al parking '01 (phnse 2-) AEBO - Coutruciono CONSULTANT - Construction' $199,525 $180,500 .$4,275 $14,750 $5,251 $5,251 $210,027 $4,750 $4,750 $1-6-0,000 $113 $11.2 $4,500 $388 $3F-39 $15,527 TOTAL PROTFCT BUDGET $200,000 $5,253 LY5,254 $210,527 MAC Trarig -: 3/31/11 H L; I 05 — Mrporiis 1,),vslcr) N 0 , /55 5 ATTACHMENT 1 SUPPLEMENTAL PROVISIONS FOR FEDERAL/STATE/L0 CAL CONTRACTS iNVOLVING CONSTRUCTION WORK AT ALL GLASSIRCATIONS OF AIRPORTS The term PROJECT COST shall include the cost of the physical construction necessary for the completion of the PROJECT, includinz the costs of preliminary, design and construction eng,ineering and supervision, environmental studies and reports, airport layout plan updates relating to the PROJECT and the cost of advertising far and receiving bids The DEPARTMENT is authorized by the SPONSOR pursuant to this contract to advertise and to award the contract for the construction work in the name of the SPONSOR. in accordance with the following: a. Prequalifteadon of bidders shall be determined by the DEPARTMENT in accordance with the "Administrative Rules Governing the Frequalificasion. of Bidders for Highway and Transportation Construction Work" . Prior to advertising the ooustniction work for receipt of bids. the SPONSOR may delete any portion or all of the PROJECT work. c, If after receipt of bids for the construction work -, the SPONSOR gives nutice of circumstances which affect its ability to proceed, the DEPARTMENT, on behalf of the SPONSOR and with the concurrence of the FAA, if required, shall reject the bids. d. In the event of the rejection of all bids, any costs incurred by the DEPARTMENT shall be deemed to be PROJECT COST, a. Upon receipt of bids, the DEPARTMENT, on behalf of the SPONSOR, will select the most responsive hid in accordance with ihe DEPARTMENT's applicable "General Provisions for Construction of Airports". The DEPARTMENT will then prepare a "Recommendation to Award' and submit it to the FAA and the SPONSOR. The DEPARTMENT will forward the contract documents to the contractor and then the SPONSOR for execution, The DEPARTMENT is authorized to receive, hold, and return proposal. guarantees ou behalf of and in the name of the SPONSOR pursuant to the OEPARTMENT's nprlir91 -1c. PrOViSiOnS for Construction of Airporcs". In the event of the forfeiture of a proposal guaranty, in accordance with the pEpARtim-F.NT's f,p1: frw rid UpCil) feCcipt of a request from the SPONSOR die riFtAtaMEINT will forward [0 the SPONSOR the forfeited proposal guaranty. 4., I of 4 Jun. IJ I /:J.WVI Iv.1) n.) I P,1rpc ris )1vision o, The DEPARTMENT is authorized to receive performance, and lien bonds cod certificate,: of insurance on behalf of and in the name of the SPONSOR pursuant to the requirements enumerated in the DEPARTMENT'S applicable "General Provisions for Construction of Alrports", The SPONSOR, upon presentation of the contract documents, by the DEPARTMENT, and subject to the possible implementation of the exceptions provided in paragraph b Sc c, above, will execute and return the appropriate documents on or before a date to be set by the DEPARTMENT in accordance with the DEPARTMENT's applicable "General Provisions for Construction of Airports." Upon receipt of the executed contract documents from the SPONSOR, the DEPARTMENT will award the contract. The DEPARTMENT is authorized by the SPONSOR. pursuant to this Contract, to approve- subcontrac[s, between the prime contractor and the subcontractor, on behalf of the SPONSOR, Any such approvals shall not he construed as a warranty of the subcontractor's qualifications, professional standing, ability to perform the work being subcontracted, or financial integrity. 4. Should termination of a construction contract, pursuant to Section X0-09 of the DEPARTMENT's applicable "General Provisions for Construction of Airports" occur, Me DEPARTMENT shall be given immediate written notice by the SPONSOR. 5. Any changes to the PROJECT plans and specifications made after receipt of bids requires prior written approval of the DEPARTMENT and the FAA, The SPONSOR or their representatives may request such changes by initiating a change order to the construction contract in accordance with the "General Provisions for Construction of Airports" and the DEPARTMENT's "Project Engineers .M.aoual" for airport construction. Any change orders determined to be significant by the DEPARTMENT shall require a prior written amendment to this Contract. In the event that during the course of PROJECT construction, it becomes necessary to exceed estimated quantities of materials or labor, and it is not reasonable to obtain prior consent from the DEPARTMENT without interrupting an ongoing construction activity, the SPONSOR's on-site supervisor may approve such overruns and the DEPARTMENT may share in the costs of such overruns only if all of the following conditions arc.muse The construction, including such overruns, remains in conformity with the PROJECT plans and specifications as revised, Such hoichruus clo ont _mccr-1, 1±!-.Q FIFTCent (.1 05-.0 of rilnr. [ft= P141',03ECT plans and specifications as revised. a. 2 of 4 I rivl VLiJ I - R rporis HVIslon No, 2 .00 The SPONSOR. Or their representative immediately notify the DEPARTMENT of such overruns and the estimated cost thereof. That such on-site approval is necessary for the continuity in construction and that obtaining approval prior to proceeding would cause a material interruption in the PROJECT resulting in a significant increase in costs, 6. Any work or material that is determined by the DEPARTMENT' not to be in conformity with the plans, specifications, arid contract documents, will be ineligible for l'CiiribUrSelidell( With federal and state participating funds, or vtnh be subject to a price adjustment approved by the DEPARTMEl'a and the FAA.. 7_ Tiffin completion of the work in each construction contract and the acceptance thereof by the SPONSOR, the SPONSOR or their designated representative shall give inamediate written notice to the DEPARTMENT. The SPONSOR hereby agrees that it will maintain said Airport in full opeating condition on a year-round basis for a period of twenty (20) years in accordance with general utility licensing ievirements set forth by the Michigan Aeronautics Commission rules and regulations. During this period, the Airport shall not be abandoned or permanently closed wirbouv. the express written pen -fission of the-DEPARTMENT, 9, lii addition to the. requirements of paragraph 8 of these supplemental ptovisions, and not. in hien thereof, should the SPONSOR desire to abandon, close, sell Of otherwise divst itself of the airport or any portion thereof, the SPONSOR agrees to also provide La the DEPARTMENT a prior written notice of any such intent giving the DEPARTMENT, for a period of one hundred eighty (1 O) days after receipt of such notice, a first right to purchase or fair market value the airport and all facilities there-on, Fair market value shall be determined by an independent appraisal of such properties. The notice 01 intent and firs: right E0 pir chase shall be provided via registered or certified mail, return receipt, postage pL -epaid, addressed to the Bureau DireerOr of the Bureau or AerOltalltiU, and Freight Services (Aci anon tics), Michigan Departuient of Transportation 10. The SPONSOR will operate and maintain in a safe anti serviceable condition the Airport and all facilities thereon and connected therewith which are necessary to serve the aeronautical users of the Airport other than facilities owned or controlled by the United Stales in die State of Michigan, and will not permit any activity thereon which would interfere with its use for airport purpo.5es; provided that nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure of facility which is substantially damaged or destroyed due to any act of God or other condition or circumstances beyond the control of the SPONSOR. 1 of Jun, 0, /AI I 2: qlrt,1 MHU1 'A'rporIS OIVIS on 1.1. r Rjt.'t The SPONSOR will, tither by the acquisition and retention of eali.Nntr irs o r other intere.stii in or rights for the use of land or airspace, or by the adoption and enforcement of zoning regulations, prevent the construction, erection, alt.rn -ation 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, die SPONSOR will make the airport available, as an iirport, for public use., to all types, kinds and classes of aeronautical use on fair and reasonable terms and without unjust discrimination, Rates charged to aeronautical users will be determined on the basis of the cost to the SPONSOR of providing the facility. in any agreement, contract, lease, or other arrangement under which a right or privilege at the airport Is granted to any person, firm, or corporation to condito. 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 he expended for the capital or operating costs of the airport; the local airport system; or other local facliitk!-s, which 817 owned or operated by the SPONSOR and directly and substantially related to the actual air LI:a1:-Isparmti-on of frasserigers---orpropeily. dcl r4 riV1 - rpor7s 1..) !vision 11 4 2 6 6 APPENDIX A PRO, MITI I1N OF DISCR/MINATJON IN STATE CONTRACTS The 1\lichigan 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 (Fl-OVA) programs to ensure that equal opportunity is afforded to ad. 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 "contraci.or"), agrees as foilows: In accordance with Public Act 45 -S3 of 1976 (Elliott LarsenCivil 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 mallet directly or indirectly related to employment because of race., color, religion, national Of ig,TD, 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 (Per -sons with Disabilities Civil Rights Act), as amended by Public Act 478 of 1980, the contractor shall not discriminate a,gainA any _employee_ or applicant for -employment with respect to tenur.e, terms, conditions, or privileyc.s of employment or U. 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 Of pOSitiorL A breach of the above covenants will be regarded as a material bccach of this contract. Furthermore, on any federally-assisted contract, the contractor and subcontractor shall comply with the equal employment opportunity provisions of 23 CFR Subpart D--- Construction Contract Equal Employment Opportunity Compliance Proctorcs, 49 CFR Part 21-1\fon-Discrimination in Federally-Assisted Programs of the Department of Tran.Tortation—Effeetuation 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 AcE 220 of 1976, and Poblic Act 457 of 1976. The contractor will rake affirmative action to ensure t.hat applicants for employment and r,mooyees are trtaLed without regard to their race, color, religion, national origin, sex, height, weight, marital status, or any disability that is unrelated to the ability O) perform the du ties of a particular jolt or position. Such action shall include, but nor he limited to, the following: employment: treatment; upgrading: demotion or transfer; recruinnent; advertising; layoff or termination; rates of pay or Other forms of compensation; and selection 'for training, including apprenticeship. The contractor shah, in all solicitations or advertisements for employees plactrd by or on behalf of the contractor, state that all qualified applicants will receive, consideration for emplo`2,Tuent without: regard to race, color, religion, national origin, age, scx, height, weitiht, II tarital status, or disability that is nrelated to the individual's ability to ocrforrh the duties of a pat tiettlar lob or position u zUll Lhrivr - )1v 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. The contractor shall comply with all relevant published rules, regulations ; directives, tind 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. in 'the. event that-the Michigan -Civil Rights' Commission 'finds, after a hearing helcl 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 pant of its order based upon such findings, certify said findings to the State Administrative Board of the State of Michigan, which swe, Administrative Board may order the cancellation of the contract found to have been violated and/or declare the contractor ineligible fur 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 he given the option by the Michigan Civil Rights Commission to participate in such proceedings, 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 I.ho contractor, subeontrac.tor. 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 1576. 5. The contractor shall comply with 23 CPR Subpart D and Executive Ordei 11246, and as such, the contractor or subcontractor shall conduct a prompt, thorovh, and fair investigation of all complaints brought forward under . Title VII and Public Act 4.53 of 1976, in cooperation with the Department's Equal Employment Opportunity Officer. u n. %Li I I 2 ; (-I. I I'M IVniur 6rpcTs HvIslon The contractor shall provide a lAlitteri 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 cif 1976 complaint. Title VI complaints rj1l be addrt-,--ssed through the Contractor Compliance Section in the Department's Office of Business Development, The. contractor shall include or incorporate by reference the. provisions of all applicable covenants set forth in Sections 1 through 10 above in all subcontracts and purchase orders unless exempted by rules, regulations, or orders of the. Michigan Civil Rights Commission; all subcontracts and purchase orders will also state that said provisions will be binding upon each subcontractor or supplier, Ap plica tion On -any federally assisted. con tract- the contractor and subcontractor a gree.to comply with the equal employment opportunity provisions of 23 CFR Subpart D, 49 CFR Part 21, Executive Order 11246, Title VI-1, Public ACE 220 of 1976, and Public Act 453 of 1976. FFINV.A. responsibilities under 23 CFR Part 230.405; The 1311W A 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 requi re: men ts FI-IWA Order 4710.8 clarifies that the Office. of Federal Contract Compliance 'Programs of the Department of Labor has exclusive authority to deteornine compliance with Executive Order 11246 and iLS implementing regulations, Failure of the 'Department to discharge the responsibilities set forth in 22 CFR Part 230.405(b)(1) may result in the U.S. Department of Transportation taking any Or all of the following actions (see 23 CFR Parr 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 fur the program under which the failure. or refusal occurred until satisfactory assurance of compliance is received from the Department; and referrinp: the case to the appropriate federal agency for legal proceeditii-,;s. Revised March 2010 F r z , , ,ZU I ; Lir Mil ;VIDU I - r pOl`TS Appendix eren(1 Wks) CIVIL RIGHTS ACT OF 1964, TITLE VI - 49 CFR PART 21 CONTRACTUAL REQUIREMENTS During the penforrriance 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 R.egulations. The contractor will con -ipiy with the RecJ.ulations relative to nondiscrimination M federally assisted programs of the Department of Transportation (hereinafter "DOT") Title 49, Cods 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 con-act, will not discyirninate_ on the grounds of race, color, or national origin in the selection and retcmtion of subcontractors., ineluding procurement of materials-and leases of equipment. The contractor will not participate either directly or indhectly in the discrimination prohibited by section 2.1.5 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 Regniaiions relative to nondiscrimination Oil the grounds of racc., color, or national origin. Information arid Reports The contractor will provide all inforrnntinn and reports required by the. Regulations or directives issued pursuant thereto arid 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. p o ssessio n of another who fails or refuses to furnish this information, the contractor will so certify to the sponsor of the; FAA. F,5 appropriate, and will set forth 1,vhat efforts it has made to obtain the information. Sanctions for Noncompliance, In the event of the contractors noricornpilance. with he ' on pravsioos n this ,„r, act, the Spor a ut will iinpose such contract sanctions as it or the FAA may determine to he appropriate., including, but not limited to: 4 1 of 2 u nvr 511)U1 rpoLs Hvii CH jn , Z r. Withholding of payments to the contractor under die contract until the contractor complies, and/or h. CanceHati On, termination, or suspension of the contract, in whole or in pall- 6. Incocpornfion of Provisions, The contractor will include the provisions of paragraphs 1 through fj in every Subcontract, including procurement of materials and leases of equipment, uni7;ss exempt by the Re7ulatif.ms or directive Lutd pursuant thereto. The contactor 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 Js 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 State,J5 to enter in to such litigation to protect the interests of the United States. 2 of 2 /1) 2 r v 12+11Pnl",. 5vI117 n Ho,(4L6 r (Revised October 1, 2005) A P PF, C AssilfalCCS that Recipients anti Contractors Mug Make (Excerpts from US DOT Regulation 49 CFP, § 26,13) A. Each financial assistance agreement signed with a DOT operatirig administration (or a fwitnazy recipient) must include the following a.ssura.nce. The recipient shall not discriminate on the basis of race, color, Rational origin, or sex in the award and performance of any US DOT-assisted contract or in the administration of Us DBE program or the requirements of 49 CFR Part 26. The recipient shall take all necessary and reasonable steps under 49 CFR Paul 26 to ensure nondiscrimination in the award and administration of US DOT-assisted contracts, The recipient's DBE program, as required by 49 CEP. Part 26 and as approved by US DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation arid 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 provide,d for under Part 26 and may, in appropriate cases, refer the matter for enforcement tinder 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). 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 sabcontractor shall not discriminate on the basis of race, color, national ,origin, or sex in the performance of this contract. The contractor shell carry out applicable. requirements of 49 CPR Part. 26 in the award and administration of US DOT-assisted contracts. "Failure by the contractor to carry out these requirements is a materiai breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, Depaciom-1,,1 Cr franvorLatiDn 0165 n,<-37/1 (.31, G prime. Cons Nit t of, DBE St.ib.-Carit.rltanI PayrneiVis ‘oIocTia -.Ion riJquirc•.-d. 5c,cordance -1-9_ CFR 2E 7c m. prooYe.ss o h p rn jr InIr' rnain5 conVacui,-11 ciLiiY9Liitionsj ESEs, i.JutncrizeiJ repre,s,n1.-..-i•-• of the abovs prime, cons))1tarilt, 1 state thai, rtc, rov knowle.dre, UTE, , Cs ap rite DT PRIME GONSULTANT r-r CHFCK IF PRIME IS I AUTHORIZATION NO "." NTRACT NO. MOOT-DFE CERTIFIED _ BILLING PERIOEJ. °heck if Final Payment D 1 JOE NEC, — . ... ...,.. .... I.... ._ , , I ACTUAL AMOUNT r33E Ai,j-n-4 -7r: 11 I . 1 TOTAk. 1 DOLLAR 1 ACTUAL PAID ..irlINICI 1-RT,'IED 0 _F: 1 CE.P.VICE"', WORK P1-=_RFORIVED 'Fa-ONTRACTi ,IALUE CF [DEDUCTIONS' ITF PAID i.,._, S!GNATLIFIE ;al i DATE SUBCON SULT ANT 1 j 41,10Ur7 i SERVICES' 1 TO DATE 1 ' 1-11 s REPGR-1113 Paym,,,,rit, R,74:cel OW i 1 PERIOD I 1 0:IMPEL-ED I 1 1 I ----i 1 i _ --1 . ___i 1 P, I rnA : TITLE C,Or\-IVIEr\ITS: "Pgtme (r..:',17-1sz..0anf! o Au'Hi- 7." ro-ofe..,:fs to offc:p)eno of todcra.,r C, at CO Code or 25 C. M0C-51: I'5 07! I 01 CahlSidt...17ANT CR AUTHOSZIE,C1 REPRESENTATNEt This statement IP.D ,DOIS ‘'ne actual cialiar an-rouble of the project cost earned by and paid to DEE atilacon.JfJltarils. Comolete 7,:nd tbo Pa yin e ! Analyst with, each biliing and u,.thiri 20 days of receipt of final pio,rrneriA. Some forms may he Plank ft no payment SinCe The For 'Contract itfc.J AutPorizaton NJ:J.,' and 'Job No. as appropriate-, use the numbers assigaed by MDOT. For 'Period Covered,' report. the ozienOac days covcred by the For "Services Work Per-tar-mad' report the main sentfice performed by the subconsultant during the reporting period_ For 'Tol,ai Contract Amount" report the total amount of the contract between the crime consJilanit .and the sAboonsultnrit. For "Ouvnulative Collar Value of Service-s Completed' readd the total afilo'..0 the saiccin ...: tnt has earned since beginning this project. For Dedjcons, cor1 decfuotions made by the prime consultant to the sub-cchsulta9CS 'C..!-rAjtive. Dollar Value of Services Completed' for retaino.ge., bond or ether -foes, rnate.riaila, services or equipment proviJeo to the subconsultant according to mutual, prior agreement (documentation of such agreement may be required by i\ADOT), For “Actual Agnouri.J Paid to Dale,' report cumuli:1'rue actual payments made to the subcorisultart for services completed. For "Actual AmourQ Pale During this Raped PeriDO" report actual payments made to the subcontractor for services durirc this reporting period. ,'Provide "DE „Authorized Signatiire." l'or final payrrient only, De sure to siT., f7-1 and date this statement. MDCI PAY1i..1 Frt".' ST: Complete "Carrments" ft nocersary, sign date and forward to the Office of Busirfass Geveloprieni within seven (7) days of receipt. MOOT allice at Busirreiss Development P.O. Box 30050 Lansing, Michigan 45909 Ouostioris snout this form? Cad Toll-free, 1-2,36-D3E-12.64 FISCAL NOTE (MISC. #11126) IN RE: DEPARTMENT OF CENTRAL SERVICES — OAKLAND COUNTY INTERNATIONAL AIRPORT — 2011 GRANT PROGRAM ACCEPTANCE RECONSTRUCTION OF TERMINAL PARKING LOT (PHASE 2) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: 1. Oakland County has received Federal funds from the Michigan Department of Transportation, Grant Contract No. 2011-0369, Federal Project No. D-26-0079-7011, in the amount of $200,000, State funds in the amount of $5,263, and a required local grant match of $5,264 for the development and improvement of Oakland County International Airport. 2. The project consists of reconstruction of the terminal parking lot (Phase 2) at Oakland County International Airport. 3. The Airport Committee has reviewed the project and recommends acceptance of the grant contract. 4. The funding period of the grant is 36 months from the date of the award. 5. The total cost of the project is $210,527 with $200,000 of the cost from Federal funds, $5,263 of the cost from State funds and $5,264 from the Airport fund resources for the grant match. 6. The Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project. 7. No General Fund appropriation is required. Funding is available within the Airport fund. TN, NG RESOLUTION Y APPR Resolution #11126 June 9,2011 Moved by Middleton supported by Nash to suspend the rules and vote on Miscellaneous Resolution #11126 — Board of Commissioners — Oakland County International Airport —2011 Grant Program Acceptance — Reconstruction of Terminal Parking Lot (Phase 2). Vote on motion to suspend the rules: AYES: Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey, Crawford, Dwyer, Gingell, Gosselin, Greimel. (24) NAYS: None. (0) A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous #11126 — Board of Commissioners — Oakland County International Airport —2011 Grant Program Acceptance — Reconstruction of Terminal Parking Lot (Phase 2) carried. Moved by Middleton supported by Woodward the resolution (with fiscal note attached) be adopted. AYES: Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey, Crawford, Dwyer, Gingell, Gosselin, Greimel, Hatchett. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. 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 June 9, 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 9th day of June, 2011. Bill Bullard Jr., Oakland County