HomeMy WebLinkAboutResolutions - 2013.08.14 - 20951MISCELLANEOUS RESOLUTION. #13,5 August 14, 2013
BY: Planning and Building Commitie6, Wiii kuliestad, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES — OAKLAND COUNTY INTERNATIONAL AIRPORT —
2013 GRANT PROGRAM ACCEPTANCE — REHABILITATE RUNWAY — AIRFIELD PAINT MARKING
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. 2013-0290, Federal Project No. B-26-0079-7711, for Federal funds in the amount of $61,750,
and State funds in the amount of $1,625, for the development and improvement of Oakland County
International Airport; and
WHEREAS the project consists of airfield paint marking 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 $1,625 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 $65,000, which includes a local grant match of $1,625, 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 adoption of the foregoing
resolution.
PLANNING AND BUILDING-MMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Bosnic absent.
GRANT REVIEW SIGN OFF — Central Services/Aviation
GRANT NAME: 2013 Oakland County International Airport Grant Program. —
Rehabilitate Runway - Airfield Paint Marking
FUNDING AGENCY: Michigan Department of Transportation
DEPARTMENT CONTACT PERSON: Karl Randall/Patricia Shull/ 248-666-3900
STATUS: Grant Acceptance
DATE: July- 2, 2013
Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed
internal grant review. Below are the returned comments.
The captioned grant materials and grant acceptance package (which should include the Board of
Commissioners' Liaison Committee Resolution, the grant 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 (6/27/2013)
Department of Human Resources:
Approved. — Karen Jones (6/2712013)
Risk Management and Safety:
Approved by Risk Management. — Robert Erlenbeck (6/27/2013)
Corporation Counsel:
There are no outstanding, legal issues with the above pant agreement. — foellen Slaurtley (7/02/2013)
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://ccfr.gbOaecess.gov/cgiitttextitext-
idx?c=ecfr:rgn—div5;view—textmode---43%3A2.1 .L2.31:idno=43:sid=020bb71309933456235aea44ef
9a949c:cc—celi-
FAA Advisory Circular 150/5100-14
http://www .faa. go v/ailli orts_airtraffi clairp orts/re sourcesladvis ory circulars/media! 150-5100 - 14D/150_5100_ 4d.odf
Michigan — State Trunk Line Highway System Act Si of 1951
http://legislature.mi.gov/doc.asnx?mcl-act-51 . -of-11951
Disadvantaged Business Enterprise Program (49 CFR, Part 26)
http://ftwebgatel.access.V,P0.govicgi-
bin/waisgate.c2i?WAISdocID-627585231372+0+0+0&WAISaction---retrieve
CONTRACT NO. 2013-0290
FEDERAL PROJECT NO. B-26-0079-7711
MICHIGAN DEPARTMENT OF TRANSPORTATION
COUNTY 1117 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 (DEPARTMENT) and County of Oakland
(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 (PROJECT) estimated in detail in Exhibit 1, dated June 12,
2013, attached hereto and made a part hereof.
PROJECT DESCRIPTION: REHABILITATE R IN 'A - AIRFIELD PAINT
MARKING.
RECITALS:
The PROJECT is eligible itbr 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
The DEPARTMENT has received a block grant from the Federal Aviation Administration
(FAA) for airport development projects; and
The DEPARTMENT is responsible for the allocation and management of block -grant funds
pursuant to the above noted act.
The parties agree that:
The term "PROJECT COST," as herein used, is defined in Attachment(s) 12, 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' COS -FS,
6/13/2013 1 PUBLIC BLOCK GRANT 2 v3u,
EXHIBIT 1
OAKLAND COUNTY INTERNATIONAL AIRPORT
PONTIAC, MICHIGAN
Project No. B-26-0079-7711
Contract No. FM 63-01-0116
June 12, 2013
Federal State Local Total
ADMINISTRATION
$190
$5
$5
$200 DEPARTMENT-AERO
$190
$5
$5 $200
ENVIRONMENTAL
$0
$0
$0
$0
DESIGN
CONSTRUCTION
Rehabilitate Runway - Airfield
Paint Marking
$0
$61,560
$61,560
$0
$1,620
$1,620
$0
$1,620
$1,620
$0
$64,800
$64,800
CONTINGENCIES
$0 $0
$0 $0
TOTAL PROJECT BUDGET $61,750 $1,625 $1,625 $65,000
Federal Billing Breakdown:
Bill #1 $61,750 SBGP 7711
MAC Approval: 5/15/13
THE SPONSOR WILL:
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.
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 PROTECT 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,
4. With regard to audits and rec -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 (RECORDS). Separate accounts
will be established and maintained for all costs incurred under this Contract.
b. The SPONSOR will maintain the RECORDS for at least six (6) years from the
date of final payment made t D-liPP.A._RTMTNT nnriPr thiC' Cnni°,t. in li
event of a dispute with regard to allowable expenses or any other issue under this
6/13/2013 2 PUBLIC BLOCK GRANT 2 v3u)
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.
c. The DEPARTMENT or its representative may inspect, copy, or audit the
RECORDS at any reasonable time after giving reasonable notice.
d. If any part of the work is subcontracted, the SPONSOR will assure compliance
with subsections (a), (b), and (c) above for all subcontracted work.
Provide and will require its subcontractors to provide qooP,RR 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 DEPARTMENT semi-
annually in the ,format set forth in Appendix C, 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 pottalt, that Lac applicable, W) the- entry into and the perfornvnoo of this nontrof.
6/13/2013 3 PUBLIC BLOCK GRANT 2 v3w
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
THE DEPARTMENT WILL:
8. Bill the SPONSOR for the SPONSOR 's share of the estimated PROJECT COST. The
DEPARTMENT will bill the SPONSOR for the SPONSOR's share of additional
estimated PROJECT COSTS .for changes approved in accordance with Section 14 at the
time of award of the amendment for approved work.
Upon receipt of payment request approved by the SPONSOR, make payment for eligible
PROJECT COSTS. The DEPARTMENT will seek reimbursement from the FAA
through the block grant issued to the DEPARTMENT for funds expended on eligible
PR OJECT 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.
S FURTHER AGREED:
11. The PROJECT COST participation is estimated to be as shown below and as in the
attached Exhibit I. The PROJECT COST participation shown in 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.
Federal Share S61,750.00
Maximum DEPARTMENT Share $1,625.00
SPONSOR Share $1 625.00
Estimated PROJECT COST $65,000.00
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
hi' Plicrible fr,I7 mte not to exceed ninety nerrent
(90%) 11.1) to and not to exceed the maximum DEPARTMENT obligation shown in
Section 11.
6/13/2013 4 PUBLIC BLOCK GRANT 2 1)311;
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.
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 Office of 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. 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. 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.
6/13/2013 5 PUBLIC BLOCK GRANT 2 v3ii;
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 (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
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.
I 111, UL' 1 n11.n ", ;
6/13/2013 6 PUBLIC BLOCK GRANT 2 v31i)
18. Failure on the part of the SPONSOR to comply with any of the conditions in this
Contract may be considered cause for placing the SPONSOR in a state of noncompliance,
thereby making the SPONSOR ineligible for future federal and/or state funds until such
time as the noncompliance issues are resolved. In addition, this failure may constitute
grounds for cancellation of the PROJECT and/or repayment of all grant amounts on a pro
rata basis, if the PROJECT has begun. In this section, pro rata means proration of the
cost of the PROJECT over twenty (20) years, if the PROJECT has not yet begun.
19. Any approvals, acceptances, reviews, and inspections of any nature by the
DEPARTMENT will not be construed as a warranty or assumption of liability on the part
of the DEPARTMENT. It is expressly understood and agreed that any such approvals,
acceptances, reviews, and inspections are for the sole and exclusive purposes of the
DEPARTMENT, which is acting in a governmental capacity under this Contract, and that
such approvals, acceptances, reviews, and inspections are a governmental function
incidental to the PROJECT under this Contract.
Any approvals, acceptances, reviews, and inspections by the DEPARTMENT will not
relieve the SPONSOR of its obligations hereunder, nor are such approvals, acceptances,
reviews, and inspections by the DEPARTMENT to be construed as a warranty as to the
propriety of the SPONSOR's performance, but are undertaken for the sole use and
information of the DEPARTMENT.
20. In connection with the performance of PROJECT work under this Contract, the parties
(hereinafter in Appendix A referred to as the "contractor") agree to comply with the State
of Michig,an 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
employed in the performance of this Contract.
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.
In accordance with 1980 PA 278; MCL 423.321 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,
Igr", 1 c o n A D AitTNT'T +b; 4.> P(1\TQflP
O. Illay .;.;• • • • • • •- • • • • • • - - • - • •
or the name of a subcontractor, manufacturer, or supplier utilized by the SPONSOR in
6/13/201.3 7 PUBLIC BLOCK GRANT 2 v3»,
the performance of this Contract subsequently appears in the register during the
performance period of this Contract.
With regard to claims based on goods or services that were used to meet the SPONSOR's
obligation to the DEPARTMENT under this Contract, the SPONSOR hereby irrevocably
assigns its right to pursue any claims for relief or causes of action for damages sustained
by the State of Michigan or the DEPARTMENT due to any violation of 15 -USC,
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.
In any instance of dispute and/or litigation concerning the PROJECT, the resolution
thereof will be the sole responsibility of the party/parties to the contract that is/arc the
subject of the controversy. It is understood and agreed that any legal representation of
the SPONSOR in any dispute and/or litigation will be the financial responsibility of the
SPONSOR.
-L..- '1 /I -T.
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'.
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 lOW. far r•lcv!nicl arising out of the npt-formance, of
this Contract.
6/13/2013 8 PUBLIC BLOCK GRANT 2 »314)
In case of any discrepancies between the body of this Contract and any exhibit -iereto, the
body of the Contract will govern.
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.
COUNTY OF OAKLAND
By:
Title:
MICHIGAN DEPARTMENT OF TRANSPORTATION
By:
Title: Department Director
6/13/2013 9 PUBLIC BLOCK GRANT 2 173w
ATTACHMENT 12
SUPPLEMENTAL PROVISIONS FOR FEDERAL/STATE/LOCAL CONTRACTS
INVOLVING CRACK SEALING AND PAVEMENT MARKING FOR WHICH THE
DEPARTMENT OPENS BIDS AND AWARDS CONTRACTS
The "PROJECT COST" is defined as the cost of all work necessary to complete the
item(s) identified in the body of this Contract as the PROJECT.
2. The DEPARTMENT is authorized to solicit bids and award the contract for the
PROJECT in accordance with the DEPARTMENT's "Administrative Rules Governing
the Prequalification of Bidders for Highway and Transportation Construction Work."
The SPONSOR will be billed by the DEPARTMENT following award of this Contract.
The amount of the billing will be shown as the local share on the attached Exhibit 1.
The DEPARTMENT will bill the SPONSOR for the SPONSOR's share of additional
estimated PROJECT COSTS for changes approved by the DEPARTMENT and the
SPONSOR at the time of award of an amendment to this Contract. The SPONSOR will
make payment to the DEPARTMENT within thirty (30) days of the billing date.
4. The DEPARTMENT is authorized by the SPONSOR and is responsible for coordinating
with the contractor to perform the PROJECT work. The DEPARTMENT or the
contractor will contact the SPONSOR a minimum of 48 hours in advance of performing
PROJECT work. The DEPARTMENT and its contractor will be authorized to enter upon
the airport premises to conduct the PROJECT work. The SPONSOR will issue a
NOTAM (Notice to Airman) regarding the PROJECT activity at the airport. Payment of
all PROJECT COSTS will be made by the DEPARTMENT.
5. Any work or material that is determined by the DEPARTMENT not to be in conformity
with the plans, specifications, and contract documents will be ineligible for
reimbursement with federal and state participating funds or will be subject to a price
adjustment approved by the DEPARTMENT and the FAA.
6. Upon completion of the PROJECT and acceptance thereof by the SPONSOR, the
SPONSOR or its designated representative will give immediate written notice to the
DEPARTMENT.
7. The SPONSOR agrees that it will maintain the airport in lull operating condition on a
year-round basis for a period of twenty (20) years, in accordance with the general utility
licensing requirements set forth by the Michigan Aeronautics Commission in its rules and
regulations. During this period, the airport will not be abandoned or permanently closed
without the express written permission of the DEPARTIel.E.NT.
8. In addition to the requirements of Section 7 of these supplemental provisions, and not in
lieu thereof, should the SPONSOR desire to abandon, close, sell, or otherwise divest
itself of the airport or any portion thereof, the SPONSOR agrees to provide to the
DEPARTMENT prior written notice of such intent giving the DEPARTMENT, for a
period of one hundred eighty (180) days after receipt of such notice, a first right to
purchase at fair market value the airport and all facilities thereon. Fair market value will
be determined by an independent appraisal of such properties.
The notice of intent and first right to purchase will be provided via registered or certified
mail, return receipt, postage prepaid, addressed to the Executive Administrator of the
Office of Aeronautics, Michigan Department of Transportation.
The SPONSOR will operate and maintain in a safe and serviceable condition the airport
and all facilities thereon and connected therewith that are necessary to serve the
aeronautical users of the airport, other than facilities owned or controlled by the United
States or the State of Michigan, and will not permit any activity thereon that would
interfere with its use for airport_ purposes, provided, however, that nothing herein will be
construed as requiring the maintenance, repair, restoration, or replacement of any
structure or facility that is substantially damaged or destroyed due to any act of God or
other condition or circumstance beyond the control of the SPONSOR.
10. The SPONSOR will, either by the acquisition and retention of easements or other
interests in or rights for the use of land or airspace or by the adoption and enforcement of
zoning regulations, prevent the construction, erection, alteration, and/or growth of any
structure, tree, or other object in the approach areas of the runways of the airport that
would constitute an obstruction to air navigation according to the criteria or standards
prescribed in the FAA Advisory Circulars.
11. For a period of twenty (20) years, the SPONSOR will make the airport available as an
airport for public use for 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 based on the cost to the SPONSOR of providing the facility. In any
agreement, contract, lease, or other arrangement under which a right or privilege at the
airport is granted to any person, firm, or corporation to conduct or engage in an approved
non-aeronautical activity, the SPONSOR will charge fair market value for the right to
conduct such activity. During this period, all revenues generated by the airport for
aeronautical and non-aeronautical activities will be expended for the capital or operating
costs of the airport, the local airport system, or other local facilities that are owned or
operated by the SPONSOR and are directly and substantially related to the actual air
transportation of passengers or property.
APPENDIX A
PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS
In connection with the performance of work under this contract; 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. Further, 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 hire, 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.
The contractor hereby agrees that any and all subcontracts to this contract, whereby a
portion of the work set forth in this contract is to be performed, shall contain a covenant
the same as hereinabove set forth in Section I of this Appendix.
The contractor will take affirmative action to ensure that applicants for employment and
employees are treated without regard to their race, color, religion, national origin, age,
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.
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.
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, and
orders of the Michigan Civil Rights Commission that may be in effect prior to the taking
of bids for any individual state project.
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 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 pan 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.
9. The contractor shall include or incorporate by reference, the provisions of the foregoing
paragraphs (1) through (8) in every subcontract or purchase order 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.
Revised June 2011
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
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.
-Nondiscrimination. The contractor, with regard to the work performed by it during the
contract, will not discriminate on the grounds of race ; color, or national origin in the
selection and retention of subcontractors, including procurement of materials and leases
of equipment. The contractor will not participate either directly or indirectly in the
discrimination prohibited by section 21.5 of the Regulations, including employment
practices when the contract covers a program set forth in Appendix B of the Regulations.
Solicitation for Subcontracts, Including Procurement of Materials and Equipment. In all
solicitations either by competitive bidding or negotiation made by the contractor for work
to be performed under a subcontract, including procurement of materials of leases of
equipment, each potential subcontractor or supplier will be notified by the contractor of
the contractor's obligations under this contract and the Regulations relative to
nondiscrimination on the grounds of race, color, or national origin.
Information and Reports. The contractor will provide all information and reports
required by the Regulations or directives issued pursuant thereto and will permit access to
its books, records, accounts, other sources of information, and its 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:
Pape 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.
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.
Pave 2 of
(Revised October 1, 2005)
APPENDIX C
Assurances that Recipients and Contractors Must Make
(Excerpts from US DOT Regulation 49 CFR § 26.13)
Each financial assistance agreement signed with a DOT operating 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 International Airport
Associated City: Waterford, Michigan
Project No: B-26-0079-7711
APPENDIX F
SPECIAL CONDITIONS
RUNWAY PROTECTION ZONES. The Sponsor agrees to take the following actions to
maintain and/or acquire a property interest, satisfactory to the FAA, in the Runway
Protection Zones:
a. Existing Fee Title Interest in the Runway Protection Zone.
The Sponsor agrees to prevent the erection or creation of any structure or place of
public assembly in the Runway Protection Zone, as depicted on the Exhibit "A"
Property Map, except for na.vaids that are fixed by their functional purposes or
any other structure approved by the FAA. Any existing structures or uses within
the Runway Protection Zone will be cleared or discontinued unless approved by
the FAA.
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.
C. Future Interest in the Runway Protection Zone.
The Sponsor agrees that it will acquire fee title or less-than-fee interest in the
Runway Protection Zone(s) for Runway(s) that presently are not under their
control within ten years of this grant agreement. Said interest shall provide the
protection noted in above Subparagraphs a. and b.
EXHIBIT A. It is understood and agreed by and between the parties hereto that
notwithstanding the fact that this Grant Offer is made and accepted upon the basis or the
Lxhibit "A" property map, the Sponsor hereby covenants and agrees that it will update
said Exhibit "A" property map to standards satisfactory to the Department and submit
said documentation in final form to the Department for approval. It is further mutually
agreed that the reasonable cost of developing said Exhibit "A" property map is an eligible
administrative cost for participation within the scope of this project.
3. ENVIRONMENTAL COMPLIANCE. Approval of the project included in this
agreement is conditioned on the Sponsor's compliance with applicable environmental
regulations 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.
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.
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:
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
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:
(I) become members of or affiliated with a labor organization, or
pay dues or fees to a labor organization, over an employee's objection, in
excess of the employee's share of labor organization costs relating to
collective bargaining, contract administration, 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. For a project to replace
or reconstruct pavement at the airport, the Sponsor shall implement an effective airport
pavement maintenance program as is required by the assurance in Section III.C.11 of the
"Terms and Conditions of Accepting Airport Improvement Program Grants." The
Sponsor shall use such program for the useful life of any pavement constructed,
reconstructed, or repaired with federal financial assistance at the airport. An effective
pavement maintenance management program is one that 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;
(3) type of pavement, and;
(4) year of construction or most recent major rehabilitation.
For compliance with the Airport Improvement Program (AIP) assurances, pavements that
have been constructed, reconstructed, or repaired with federal financial assistance shall
be so depicted.
b. Inspection Schedu
)
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 to three
years.
L)
Drive-Bv Inapection. 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 rile
for a minimum of five years. The types of distress, their locations, and remedial
action, scheduled or performed, must be documented. The minimum information
to be recorded is listed is below:
inspection date,
irtrat;ni,
3
(3) distress types, and
(4) maintenance scheduled or performed.
For drive-by inspections, the date of inspection and any maintenance performed must be
recorded.
Information Retrieval. 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.
PROJECTS WHICH CONTAIN PAWNG WORK IN EXCESS OF $250,000. The
Sponsor agrees to perform the Mowing:
a. Furnish a construction management program to FAA prior to the start of
construction which shall detail the measures and procedures to be used to comply
with the quality control provisions of the construction contract, including, but not
limited to, all quality control provisions and tests required by the Federal
specifications. The program shall include as a minimum:
(1) The name of the person representing the Sponsor who has overall
responsibility for contract administration for the project and the authority
to take necessary actions to comply with the contract.
(2) Names of testing laboratories and consulting engineer firms with quality
control responsibilities on the project, together with a description of the
services to be provided.
(3) Procedures for determining that testing laboratories meet the requirements
of the American Society of Testing and Materials standards on laboratory
evaluation referenced in the contract specifications (D 3666, C 1077).
(4) Qualifications of engineering supervision and construction inspection
personnel.
(5) A listing of all tests required by the contract specifications, including the
type and frequency of tests to be taken, the method of sampling, the
applicable test stenderd, fba cc ptance criteria or tolerances nermitted
for each type of test.
(6) Procedures for ensuring that the tests are taken in accordance with the
program, that they are documented daily, and that the proper corrective
actions, where necessary, are undertaken.
b. Submit at completion of the project, a final test and quality control report
documenting the results of all tests performed, highlighting those tests that failed
or did not meet the applicable test standard. The report shall include the pay
reductions applied and the reasons for accepting any out-of-tolerance material.
An interim test and quality control report shall be submitted, if requested by the
FAA.
C, Failure to provide a complete report as described in paragraph b, or failure to
perform such tests, shall, absent any compelling justification, result in a reduction
in Federal participation for costs incurred in connection with construction of the
applicable pavement. Such reduction shall be at the discretion of the FAA and
will be based on the type or types of required tests not performed or not
documented and will be commensurate with the proportion of applicable
pavement with respect to the total pavement constructed under the grant
agreement.
d. The FAA, at its discretion, reserves the right to conduct independent tests and to
reduce grant payments accordingly if such independent tests determine that
sponsor test results are inaccurate.
8. AGENCY AGREEMENTS. The Sponsor will not amend, modify, or terminate the
agency relationship between the Sponsor, as principal, and the Michigan Aeronautics
Commission, as agency, created by the Agency Agreement without prior written approval
of the FAA.
DBE PLAN. It is understood. and agreed • by and between the parties hereto that the
Sponsor shall not issue any invitations for bids for work described on Page 1 of the Grant
Agreement, nor shall the United States be obligated to make payment representing its
share of the project cost, until the FAA has updated Disadvantaged Business Enterprises
Program goals as specified by the FAA, Great Lakes Region, Civil Rights Office letter.
According to the federal requirement 49 CFR Part 26 Participation by Minority Business
Enterprise in Department of Transportation Programs, recipients of FAA funds shall
submit overall DBE goal information annually. As recipient of this block grant, the
Department accepts this responsibility.
Michigan Department Of Transportation 0165 (OT..r( APPENDIX G Prime Consultant Statement of DBE Sub-Consultant Payments Information recuired in accordance with 49 CFR §26.37 to monitor progress of the prime consultant in meeting contractual obligations to DBEs. PRIME CONSULTANT E-j CHECK IF PRIME IS MDOT-DBE CERTIFIED AUTHORIZATION NO. CONTRACT NO. BILLING PERIOD: Check if Final JOB NO. Payment III CERTIFIED DBE SUBCONSULTANT SERVICES WORK PERFORMED TOTAL CONTRAC AMOUNT CUMULATIVE DOLLAR VALUE OF SERVICES CON/PELTED DEDUCTIONS ACTUAL AMOUNT PAID TO DATE ACTUAL AMOUNT PAID DURING THIS REPORTING PERIOD DBE AUTHORZIED SIGNATURE (Final Payment Report Only) DATE , As the authorized representative of the above prime consultant, I state that, to the best of my knowledge, this information is true and accurate PRIME CONSULTANT'S AUTHORIZED REPRESENTATIVE (signature) TITLE DATEMDO COMMENTS: 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 (07/1e)
INSTRUCTIONS PRIME CONSULTAN'r OR At iTHORZIED 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 Vilork 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 subconsultant's "Cumulative Dollar Value of Services Completed" for retainage, 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 MDOT). 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. MDOT 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 . #13215) August 14, 2013
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES — OAKLAND COUNTY INTERNATIONAL
AIRPORT — 2013 GRANT PROGRAM ACCEPTANCE — REHABILITATE RUNWAY —
AIRFIELD PAINT MARKING
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. 2013-0290, Federal Project No. B-26-0079-7711, for Federal funds
in the amount of $61,750 and State funds in the amount of $1,625 for the
development and improvement of Oakland County international Airport.
2. The project consists of airfield paint marking 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 $65,000 with $61,750 of the cost from Federal
funds, $1,625 of the cost from State funds, and $1,625 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 to cover the grant match.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
THIS , SOLUTION
X ECUTIVE
I HEREBY A7
CHIEF CY.
Resolution #13215 August 14, 2013
Moved by Dwyer supported by Zack the resolutions (with fiscal notes attached) on the Consent Agenda be
adopted (with accompanying reports being accepted).
AYES: Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton,
Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Dwyer. (19)
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).
ACTING PUfUN
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 August 14,
2013, 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 14th day of August, 2013.
Lisa Brown, Oakland County