HomeMy WebLinkAboutResolutions - 2018.08.22 - 23752MISCELLANEOUS RESOLUTION #18302. . . Aug ust 22, 2018
BY: Commissioner Philip Weipert, Chairperson, Planning aria - Building Committee
IN RE: DEPARTMENT OF CENTRAL SERVICES - OAKLAND TROY AIRPORT - 2018 GRANT
PROGRAM ACCEPTANCE - REHABILITATE TERMINAL APRON - DESIGN AND CONSTRUCTION;
AIRFIELD CRACK SEALING AND 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.
2018-0693, Federal Project No. B-26-0118-1717, for Federal funds in the amount of $429,120, and State
funds in the amount of $23,840 for the development and improvement of Oakland Tray Airport; and
WHEREAS the project consists of the rehabilitation of the terminal apron, airfield crack sealing and paint
marking at Oakland Troy 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 $23,840 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 completed County Grant Review Process in accordance with the Board
of Commissioners Grant Acceptance Procedures; and
WHEREAS no application was requested from Oakland County; therefore, the application provisions of M.R.
#17194 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 $476,800, which includes a local grant match of $23,840, which is
available from the Airport Fund.
BE IT FURTHER RESOLVED that the acceptance of this grant does not obligate the County to any further
commitment.
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 adop 'on of the foregoing resolution.
Commissioner Philip Weipert, District #8
Chairperson, Planning & Building Committee
PLANNING AND BUILDING COMMITTEE
Motion carried unanimously on a roll call vote with Tietz absent.
I HEREBY APPROVE THE FOREGOING RESOLUTION
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GRANT REVIEW SIGN OFF — Central Services/Aviation
GRANT NAME: 2018 Oakland County Troy Airport Grant Program Acceptance — Rehabilitate
Terminal Apron — Design and Construction; Airfield Crack Sealing and Paint Marking
FUNDING AGENCY: Michigan Department of Transportation
DEPARTMENT CONTACT PERSON: Cheryl Bush/Patricia Shull, 248.-666-3900
STATUS: Grant Acceptance
DATE: July 30, 2018
Pursuant to Misc. Resolution #17194, 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 by M & B. — Lynn Sonkiss for Laurie Van Pelt (7/26/18)
Department of Human Resources:
BR Approved (No Committee) — Lori Taylor (7/26/18)
Risk Management and Safety:
Approved by Risk Management. — Robert Erlenbeck (7/30/18)
Corporation Counsel:
There are no outstanding legal issues concerning this grant. — Joellen Shortley (7/26/18)
CONTRACT NO. 2018-0693
FEDERAL PROJECT NO, B-26-0118-1717
MICHIGAN DEPARTMENT OF TRANSPORTATION
OAKLAND COUNTY
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 (MDOT) and Oakland County (SPONSOR) for the
purpose of fixing the rights and obligations of the parties in agreeing to the following
undertaking at the Oakland/Troy Airport , whose associated city is Troy, Michigan, such
undertaking (PROJECT) estimated in detail in Exhibit 1, dated July 26, 2018 attached hereto and
made a part hereof.
PROJECT DESCRIPTION: REHABILITATE APRON TERMINAL - DESIGN AND
CONSTRUCTION; REHABILITATE RUNWAY - AIRFIELD CRACK SEALING &
PAINT MARKING - CONSTRUCTION,
Recitals:
The PROJECT is eligible for federal funding under the federal Airport Improvement Program,
pursuant to 49 USC 47101 et seq., including 47128; and
MDOT has received a block grant from the Federal Aviation Administration (FAA) for airport
development projects; and
MDOT is responsible for the allocation and management of block grant funds pursuant to the
above noted act; and
Information required by 2 CFR Part 200 is attached to this Contract as Attachment X.
The parties agree that:
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1. The term "PROJECT COST," as used herein, is defined in Attachment(s) 1 and 12 ,
attached hereto and made a part hereof, The PROJECT COST will also include
administrative costs incurred by MDOT in connection with the PROJECT.
Administrative costs incurred by the SPONSOR are not eligible PROJECT COSTS.
THE SPONSOR WILL:
2. Enter into a contract with a consultant for each element of the PROJECT that requires
expertise. The consultant will be selected in conformity with FAA Advisory Circular
150/5100-14, MDOT will select the consultant for each element of the PROJECT that
involves preparation of environmental documentation. The SPONSOR will select the
consultant for all other aspects of the PROJECT. All consultant contracts will be
submitted to MDOT 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 MDOT. Any change to the consultant contract will require
prior written approval from MDOT. In the event that the consultant contract is
terminated, the SPONSOR will give immediate written notice to MDOT.
3. Make payment to MDOT for the SPONSOR's share of the PROJECT COSTS within
thirty (30) days of the billing date. MDOT will not make payments for any PROJECT
work prior to receipt of payment from the SPONSOR for the SPONSOR's share of that
item of the PROJECT work.
Eligible PROJECT COSTS that are paid by the SPONSOR may be submitted for credit
toward the SPONSOR's share of the PROJECT COST provided that they are submitted
within one hundred eighty (180) days of the date the costs were incurred or within one
hundred eighty (180) days of the date of award of this Contract by the parties, whichever
is later. Documentation of the PROJECT COST will include copies of the invoices on
which the SPONSOR will write the amounts paid, the check numbers, the voucher
numbers, and the dates of the checks. Each invoice will be signed by an official of the
SPONSOR as proof of payment. The amount of the SPONSOR billing will be reduced by
the amount of the eligible credit, based on documentation submitted, provided it is
submitted prior to the date of the billing. Should it be determined that the SPONSOR has
been given credit for payment of ineligible items of work, the SPONSOR will he billed
an amount to ensure that the SPONSOR share of PROJECT COSTS is covered.
The SPONSOR pledges sufficient funds to meet its obligations under this Contract.
4. With regard to audits and record-keeping:
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.
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b. The SPONSOR will maintain the RECORDS for at least six (6) years from the
date of final payment made by MDOT under this Contract, In the event of a
dispute with regard to allowable expenses or any other issue under this Contract,
the SPONSOR will thereafter continue to maintain the RECORDS at least until
that dispute has been finally decided and the time for all available challenges or
appeals of that decision has expired.
c. MDOT or its representative may inspect, copy, scan, 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.
5. Provide and will require its subcontractors to provide access by MDOT 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 MDOT upon request. The SPONSOR
agrees to permit representatives of MD OT to inspect the progress of all PROJECT work
at any reasonable time. Such inspections are for the exclusive use of MDOT 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. In the performance of the PROJECT herein enumerated, by itself, by a subcontractor, or
by anyone acting on its behal F, comply with any and all applicable state, federal, and
local statutes, ordinances, and regulations. The SPONSOR further agrees to obtain all
permits that are applicable to the entry into and the performance of this Contract.
The SPONSOR agrees to comply with the General Conditions and Special Conditions set
forth in Appendix F, attached hereto and made a part hereof.
In addition, the SPONSOR agrees to accomplish the PROJECT in eoinpliance with all
applicable FAA Assurances, Advisory Cirenlars, and Certifications.
7. The SPONSOR agrees that the costs reported to MDOT 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.
MDOT WILL:
8, Bill the SPONSOR for the SPONSOR's share of the estimated PROJECT COST.
MDOT will bill the SPONSOR for the SPONSOR's share of additional estimated
PROJECT COSTS for changes approved in accordance with Section 13 at the time of
award of the amendment for approved work.
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9, Upon receipt of payment requests approved by the SPONSOR, make payment for eligible
PROJECT COSTS. MDOT will seek reimbursement from the FAA through the block
grant issued to MDOT for funds expended on eligible PROJECT COSTS.
MDOT will not make payment for any PROJECT work prior to receipt of payment from
the SPONSOR for the SPONS OR'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,
IT IS FURTHER AGREED THAT:
11. The PROJECT COST participation is estimated to be as shown below and as shown in
the attached Exhibit 1. The PROJECT COST participation shown in Exhibit 1 is to be
considered an estimate. The actual MDOT, FAA, and SPONSOR shares of the
PROJECT COST will be determined at the time of financial closure of the FAA grant.
Federal Share $429,120.00
Maximum MD OT Share $23,840.00
SPONSOR Share $23S40.00
Estimated PROJECT COST $476,800.00
12. The PROJECT COST will be met in part with federal funds granted to MDOT by the
FAA through the block grant program and in part with MDOT 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 13, 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 MDOT obligation shown in Section 11.
For portions of the PROJECT for which only MDOT and SPONSOR funds will be
applied to the final settlement, MDOT funds will be at a rate not to exceed ninety percent
(90%), and the total MDOT funds applied toward the PROJECT COST may be up to but
will not exceed the maximum MDOT obligations shown in Section 11 or as revised in a
budget letter, as set forth in Section 13. Any items of PROJECT COST not funded by
FAA or MDOT funds will be the sole responsibility of the SPONSOR.
MDOT funds in this Contract made available through legislative appropriation are based
on projected revenue estimates. MDOT may reduce the amount of this Contract if the
revenue actually received is insufficient to support the appropriation under which this
Contract is made.
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13. The PROJECT COST shown in Section 11 is the maximum obligation of MDOT and
federal funds under this Contract. The maximum obligation of MDOT and federal funds
may be adjusted to an amount less than the maximums shown in Section 11 through a
budget letter issued by MDOT. 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 the 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.
14. In the event it is determined by MDOT that there will be either insufficient funds or
insufficient time to properly administer such funds for the entire PROJECT or portions
thereof, 1VIDOT, 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 COSTS incurred on the canceled portions will be refunded following receipt
of a letter from the SPONSOR requesting that excess funds be returned or at the time of
financial closure, whichever comes first.
15. In the event that an audit performed by or on behalf of MDOT indicates an adjustment to
the costs reported under this Contract Of questions the allowability of an item of expense,
MDOT will promptly submit to the SPONSOR a Notice of Mail 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 MDOT 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 MDOT 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 MDOT, 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 MDOT to finally disallow any items
of questioned or no opinion expressed cost.
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MDOT 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 MDOT determines that an overpayment has been made to the SPONSOR, the
SPONSOR will repay that amount to MDOT or reach agreement with MDOT on a
repayment schedule within thirty (30) days after the date of an invoice from MDOT. If
the SPONSOR fails to repay the overpayment or reach agreement with MDOT on a
repayment schedule within the thirty (30) day period, the SPONSOR agrees that MDOT
will deduct all or a portion of the overpayment from any funds then or thereafter payable
by MDOT 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 MDOT 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 MDOT's decision only as to
any item of expense the disallowance of which was disputed by the SPONSOR in a
timely filed RESPONSE.
16. Failure on the part of the SPONSOR to comply with any of the conditions of 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.
17. Any approvals, acceptances, reviews, and inspections of any nature by MDOT will not be
construed as a warranty or assumption of liability on the part of MDOT, It is expressly
understood and agreed that any such approvals, acceptances, reviews, and inspections are
for the sole and exclusive purposes of MDOT, 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 MDOT will not relieve the
SPONSOR of its obligations hereunder, nor are such approvals, acceptances, reviews,
and inspections by MDOT to be construed as a warranty as to the propriety of the
SP ONSOR's performance, but are undertaken for the sole use and information of MDOT.
18. In connection with the performance of PROJECT work under this Contract, the
SPONSOR (hereinafter in Appendix A referred to as the "contractor") agrees to comply
with the State of Michigan provisions for "Prohibition of Discrimination in State
Contracts," as set forth in Appendix A, dated June 2011, attached hereto and made a part
hereof. The SPONSOR (hereinafter in Appendix B referred to as the "contractor")
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further agrees to comply with the Civil Rights Act of 1964, being P.L. 88-352, 78 Stat.
241, as amended, being Title 42 USC Sections 1971, 1975a-I975d, and 2000a-2000h-6,
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. These provisions will be included in all subcontracts relating to this Contract.
The SPONSOR will carry out the applicable requirements of MDOT'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 2, 2014, attached hereto and
made a part hereof.
19. The SPONSOR agrees to require all prime oontractors 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
MDOT or the 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 MDOT. ' 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 MDOT. This provision applies to both DBE and non-DI3E 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 MDOT semi-annually in the
format set forth in Appendix 0, dated September 2015, attached hereto and made a part
hereof, or any other format acceptable to MDOT,
20. 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,
29 USC 158. MDOT 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.
21. With regard to claims based on goods or services that were used to meet the SP ONSOR's
obligation to MDOT 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 MDOT due to any violation of 15 USC, Sections 1 - 15, and/or 1984 PA
274, MCL 445.771 - 445.788, excluding Section 4a, to the State of Michigan or MDOT,
7/26/2018 7 PUBLIC BLOCK GRANT 2 v614)
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 MDOT with regard to claims based On goods or services that were used to
meet the SPONSOR's obligation to MOOT under this Contract due to any violation of 15
USC, Sections 1 - 15, and/or 1984 PA 274, MCL 445.7'71 - 445.788, excluding Section
4a, to the State of Michigan or MOOT as a third-party beneficiary,
The SPONSOR shall notify MOOT 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 MDOT under this Contract may have occurred or is threatened to occur,
The SPONSOR shall also notify MDOT 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 MOOT under this
Contract
22. In any instance of dispute and/or litigation concerning the PROJECT, the resolution
thereof will he the sole responsibility of the party/parties to the contract that is/are the
subject of the controversy. It is understood and agreed that any legal representation of
the SPONSOR in any dispute and/or litigation will be the financial responsibility of the
SPONSOR,
23. MDOT 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.
24. 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 tither patty'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.
25. This Contract will be in effect from the date of award through twenty (20) years
26. In case of any discrepancies between the body of this Contract and any exhibit hereto, the
body of the Contract will govern.
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27. This Contract will become binding on the parties and of full force and effect upon signing
by the duty authorized representatives of the SPONSOR and MDOT 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 MDOT with this Contract, as applicable.
OAKLAND COUNTY
By:
Title:
MICHIGAN DEPARTMENT OF TRANSPORTATION
By:
Title: Department Director
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EXHIBIT I
OAKLAND-TROY AIRPORT
TROY, MICHIGAN
Project No. B-26-0118-1717
Contract No. FM 63-06-C30 & C31
Job No. 121985, 121994 & 128451
July 26, 2018
Federal State Local Total
ADMINISTRATION
DEPARTMENT-AERO C30
DEPARTMENT-AERO C30
$870
$450
$420
$48
$25
$23
$48
$25
$23
$966
$500 Job 121985
$466 Job 128451
PLANNING
DESIGN
Rehabilitate Apron Terminal C30
AERO - Design C30
CONSULTANT - Design C30
CONSTRUCTION
Rehabilitate Apron Terminal C30
AERO - Construction C30
CONSULTANT - Construction C30
Rehabilitate Runway - Airfield
Crack Sealing & Paint Marking C31
$0
$408,450
$349,185
$3,600
$37,665
$18,000
$0
$22,692
$19,399
$200
$2,093
$1,000
$0
$22,692
$19,400
$200
$2,092
$1,000
$0
$453,834
$387,984 Job 128451
$4,000 Job 128451
$41,850 Job 128451
$20,000 Job 121994
$19,800 $1,100 $1,100 $22,000
$1,620 $90 $90 $1,800 Job 121985
$18,180 $1,010 $1,010 $20,200 Job 121985
TOTAL PROJECT BUDGET $429,120 $23,840 $23,840 $476,800
Federal Billing Breakdown:
Bill #1
Bill #2
Bill #3
Bill #4
$21,712
$150,000
$150,000
$107,408
SBGP 9215
SBGP 9616
SBGP 9817
SBGP 10318
Grant Award Date: 6/11115 (Job 128451)
Grant Award Date: 8/22116 (Job 128451)
Grant Award Date: 7/24117 (Job 128451)
Grant Award Date: 7/30/18 (Job 128451 $69,158, Job 121985 $20,250 8, Job 121994 $18,000)
Letting Information: 06/01/18 MDOT Lefting Job 128451
05/05/17 MDOT Letting Job 121994
Period of Performance End Date: 03/01/20
MAC Approval: 07/25/18
ATTACHMENT X
REQUIRED FOR ALL PROJECTS
Notification of Required Federal Program Information to
Sub-recipients for Federal Funding
1. Does this project receive Federal fimds? Yes
2. Recipient's Name: Oakland County
3. Recipient's DUNS Number: 13-620-0362
4. Amount of Federal funds: $429,120.00
5. Federal Grant Number(s): OOP 9215,9616,9817,10318
6. Grant Award Date(s): 6/11/15, 8122116, 7/24/17, 7/26/18
7. MDOT Project Number: B-26-0118-1717
8, Project Description: Rehabilitate Apron Terminal - Design and Construction;
Rehabilitate Runway - Airfield Crack Sealing & Paint Marking -
Construction.
9. CHM. Number, Federal Agency, Program Title: CFDA 20,106
Federal Aviation Administration
Airport Improvement Program
10. Federal Award Identification Number (FAIN): 3-26-SBGP-092-2015, 3-26-SBGP-
096-2016, 3-26-SBGP-098-2017, 3-
26-SBGP-103-2018
11. Federal Award Date: 6/11/15, 8/22/16, 7/24/17,7/26/18
12, Period of Performance Start Date: Award Date of MOOT Contract
13. Period of Performance End Date: 3/1/20
14. Amount of Federal Funds obligated by this action: $429,120,00
15. Total amount of Federal Funds obligated: $429,120.00
16. Total amount of the Federal award: $429,120,00
17. Budget Approved Cost sharing or matching, where applicable: N/A
18. Name of Federal awarding agency and contact information for awarding official:
• Director Kirk Steudle
Michigan Department of Transportation
425 West Ottawa Street
Lansing, MI 48909
19. Is this a Research and Development award? No
20. Indirect cost rate for the Federal award (if applicable): N/A
ATTACHMENT I.
SUPPLEMENTAL PROVISIONS FOR CONTRACTS INVOLVING
CONSTRUCTION WORK AT ALL CLASSIFICATIONS OF AIRPORTS
FOR WHICH THE DEPARTMENT OPENS BIDS AND AWARDS THE CONTRACTS
The "PROJECT COST" is defined as the cost of all work necessary to complete the items
identified in the body of this Contract as the PROJECT, including the costs of
preliminary engineering, design engineering, construction engineering and supervision,
architectural work, surveying, environmental studies and reports, airport layout plan
updates relating to the PROJECT, and advertising for and receiving bids.
2. The SPONSOR will select a consultant to perform each element of the PROJECT that
requires expertise. All consultant contracts will be between the SPONSOR and the
consultant. 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 contracted, or
financial integrity. The SPONSOR will not execute 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 the consultant contract is terminated, the
DEPARTMENT will be given immediate written notice by the SPONSOR.
3. 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. Prequalification of bidders will be determined by the DEPARTMENT in
accordance with the "Administrative Rules Governing the Prequalifieation of
Bidders for Highway and Transportation Construction Work."
b. Prior to advertising the construction 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 notice of
circumstances that affect its ability to proceed, the DEPARTMENT, on behalf of
the SPONSOR and with the concurrence of the FAA, if applicable, will reject the
bids,
d. In the event of the rejection of P11 bids, any costs incurred by the DEPARTMENT
will be deemed to be PROJECT COSTS.
Page 1 of 5
e. Upon receipt of bids, the DEPARTMENT, on behalf of the SPONSOR, will
select the most responsive bid in accordance with the DEPARTMENT'S
applicable "General Provisions for Construction of Airports." The
DEPARTMENT will then prepare a "Recommendation to Award" and submit it
to the FAA, if applicable, and the SPONSOR. The DEPARTMENT will forward
the contract documents to the contractor and then to the SPONSOR for execution.
f. The DEPARTMENT is authorized to receive, hold, and return proposal
guarantees 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 Airports."
g. In the event of the forfeiture of a proposal guaranty, in accordance with the
DEP ARTMENT's applicable "General Provisions for Construction of Airports,"
and upon receipt of a request from the SPONSOR, the DEPARTMENT will
forward to the SPONSOR the forfeited proposal guaranty.
h. The DEPARTMENT is authorized to receive performance and lien bonds and
certificates 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 Airports,"
The SPONSOR, upon presentation of the contract documents by the
DEPARTMENT, and subject to the possible implementation of the exceptions
provided in paragraphs b and 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.
4, The DEPARTMENT is authorized by the SPONSOR, pursuant to this Contract, to
approve subcontracts between the prime contractor and the subcontractor on behalf of the
SPONSOR, Any such approvals will not be construed as a warranty of. the
subcontractor's qualifications, professional standing, ability to perform the work being
subcontracted, or financial integrity.
5, Should termination of a construction contract pursuant to Section 80-09 of the
DEPARTMENI's applicable "General Provisions for Construction of Airports" occur,
the DEPARTMENT will be given immediate written notice by the SPONSOR
Page 2 of 5
6. Any changes to the PROJECT plans and specifications made after receipt of bids will
require prior written approval from the DEPARTMENT and the FAA, if applicable. The
SPONSOR or its representative may request such changes by initiating a contract
modification to the construction contract in accordance with the "General Provisions for
Construction of Airports" and the DEPARTMENT's "Project Engineer's Manual" for
airport construction. Any contract modification determined to be significant by the
DEPARTMENT will 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 are met:
a. The construction, including such overruns, remains in conformity with the
PROJECT plans and specifications as revised.
Such overruns do not exceed ten percent (10%) of that category within the
PROJECT plans and specifications as revised.
c. The SPONSOR or its representative immediately notifies the DEPARTMENT of
such overruns and the estimated costs thereof.
d. Such on-site approval is necessary for continuity in construction, and obtaining
approval prior to proceeding would cause a material interruption in the PROJECT
that would result in a significant increase in costs.
7. 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, if applicable.
8. Upon completion of the work in each construction contract and acceptance thereof by the
SPONSOR, the SPONSOR or its designated representative will give immediate written
notice to the DEPARTMENT.
Page 3 of 5
9. The SPONSOR will operate and maintain in a safe and serviceable condition the airport
and all facilities thereon and conneeted 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, for a period of twenty (20) years from the effective date
of this Contract 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.
The airport will be maintained in full operating condition on a year-round basis, 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
DEPARTMENT.
10. 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.
11. 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.
Page 4 of 5
12. 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.
13. 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 any
aeronautical activity for furnishing services to the public at the airport, the SPONSOR
will insert and enforce provisions requiring the contractor to:
a. Furnish said services on a fair, reasonable, and not unjustly discriminatory basis
to all users thereof; and
b. Charge fair, reasonable, and not unjustly discriminatory prices for each unit or
service, provided that the contractor may be allowed to make reasonable and
nondiscriminatory discounts, rebates, or other similar types of price reductions to
volume purchasers.
Page 5 of 5
ATTACHMENT 12
SUPPLEMENTAL PROVISIONS FOR FEDERAL/STATE/LOCAL CONTRACTS
INVOLVING CRACK SEALING AND PAVEMENT MARKING FOR WHICH THE
DEPARTMENT OPENS BIDS AND AWARDS CONTRACTS
1, 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,"
3, 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 full 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 DEPARTMENT,
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.
9. 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.
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a
portion of the work set forth in this contract is to be performed, shall contain a covenant
the same as hereinabove set forth in Section 1 of this Appendix.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. In the event that the Michigan Civil Rights Commission finds, after a hearing held
pursuant to its rules, that a contractor has not complied with the contractual obligations
under this contract, the Michigan Civil Rights Commission may, as a part of its order
based upon such findings, certify said findings to the State Administrative Board of the
State of Michigan, which State Administrative Board may order the cancellation of the
contract found to have been violated and/or declare the contractor ineligible for future
contracts with the state and its political and civil subdivisions, departments, and officers,
including the governing boards of institutions of higher education, until the contractor
complies with said order of the Michigan Civil Rights Commission. Notice of said
declaration of future ineligibility may be given to any or all of the persons with whom the
contractor is declared ineligible to contract as a contracting party in future contracts. In
any case before the Michigan Civil Rights Commission in which cancellation of an
existing contract is a possibility; the contracting agency shall be notified of such possible
remedy and shall be given the option by the Michigan Civil Rights Commission to
participate in such proceedings.
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
(A ernimutics)
CIVIL RIGHTS ACT OF 1964, TITLE VI -49 CFR PART 21
CONTRACTUAL REQUIREMENTS
During the performance of this contract, the contractor, for itself, its assignees and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations. The contractor will comply with the Regulations relative
to nondiscrimination in federally assisted programs of the Department of Transportation
(hereinafter "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time (hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of this contract.
2. Nondiscrimination, The contractor, with regard to the work performed by it during the
contract, will not discriminate on the grounds of race, color, or national origin in the
selection and retention of subcontractors, including procurement of materials and leases
of equipment. The contractor will not participate either directly or indirectly in the
discrimination prohibited by section 21.5 of the Regulations, including employment
practices when the contract Covers a program set forth in Appendix B of the Regulations.
3. Solicitation for Subcontracts, Including Procurement of Materials and Equipment. In all
solicitations either by competitive bidding or negotiation made by the contractor for work
to be performed under a subcontract, including procurement of materials of leases of
equipment, each potential subcontractor or supplier will be notified by the contractor of
the contractor's obligations under this contract and the Regulations relative to
nondiscrimination on the grounds of race, color, or national origin,
4. Information and Reports. The contractor will provide all information and reports
required by the Regulations or directives issued pursuant thereto and will permit access to
its books, records, accounts, other sources of information, and its facilities as may be
determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent
to ascertain compliance with such Regulations, orders, and instructions, Where any
information required of a contractor is in the exclusive possession of another who fails or
refuses to furnish this information, the contractor will so certify to the sponsor of the
FAA, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the sponsor will impose such contract
sanctions as it or the FAA may determine to be appropriate, including, but not limited to:
Page 1 of 2
a. Withholding of payments to the contractor under the contract until the contractor
complies, and/or
b. Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions. The contractor will include the provisions of paragraphs I
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 noncornpliance„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.
Page 2 of 2
(Revised October 2, 2014)
APPENDIX C
Assurances that Recipients and Contractors Must Make
(Excerpts from US DOT Regulation 49 CFR § 26.13)
A. Each financial assistance agreement signed with a DOT operating administration (or a
primary recipient) must include the following assurance:
The recipient shall not discriminate on the basis of race, color, national origin, or sex in
the award and performance of any US DOT-assisted contract or in the administration of
its DBE program or the requirements of 49 CFR Part 26. The recipient shall take all
necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the
award and administration of US DOT-assisted contracts, The recipient's DBE program,
as required by 49 CFR Part 26 and as approved by US DOT, is incorporated by reference
in this agreement. Implementation of this program is a legal obligation and failure to
carry out its terms shall be treated as a violation of this agreement. Upon notification to
the recipient of its failure to carry out its approved program, the department may impose
sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986
(31 U.S.C. 3801 et eci.),
B. Each contract IVIDOT 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
catty 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, which may include, but is not
limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanction;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible,
APPENDIX F
GENERAL CONDITIONS
1. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that
the FAANDOT has determined to be ineligible or unallowable.
2. Determining the Final Federal Share of Costs. The United States' share of allowable project
costs will be made in accordance with the regulations, policies and procedures of the
Secretary. Final determination of the United States' share will be based upon the final audit
of the total amount of allowable project costs and settlement will be made for any upward or
downward adjustments to the Federal share of costs.
3. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor
must carry out and complete the project without undue delays and in accordance with this
agreement, and the regulations, policies and procedures of the Secretary. The Sponsor also
agrees to comply with the assurances which are part of this agreement,
4. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if
necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal
antitrust statutes, or misused in any other manner in any project upon which Federal funds
have been expended. For the purposes of this grant agreement, the term "Federal funds"
means funds however used or dispersed by the Sponsor that were originally paid pursuant to
this or any other Federal grant agreement, The Sponsor must obtain the approval of the
Secretary as to any determination of the amount of the Federal share of such funds, The
Sponsor must return the recovered Federal share, including funds recovered by settlement,
order, or judgment, to the Secretary, The Sponsor must furnish to the Secretary, upon
request, all documents and records pertaining to the determination of the amount of the
Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover
such funds. All settlements or other final positions of the Sponsor, in court or otherwise,
involving the recovery of such Federal share require advance approval by the Secretary.
5. United States Not Liable for Damage or Injury. The United States is not be responsible or
liable for damage to property or injury to persons which may arise from, or be incident to,
compliance with this subgrant agreement.
6. Air and Water Quality. The Sponsor is required to comply with all applicable air and water
quality standards for all projects in this subgrant. If the Sponsor fails to comply with this
requirement, the FAANDOT may suspend, cancel, or terminate this subgrant,
7. Financial Reporting and Payment Requirements. The Sponsor will comply with all federal
financial reporting requirements and payment requirements, including submittal of timely
and accurate reports,
8. Buy American. Unless otherwise approved in advance by the FAANIDOT, 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 which funds are
provided under this subgrant, The Sponsor will include a provision implementing Buy
American in every contract.
APPENDIX F
9. Suspension or Debarment.
The State must:
A. Immediately disclose to the FAA whenever the State:
1, Learns a sub-recipient has entered into a covered transaction with an ineligible entity;
2, Suspends or debars a contractor, person or entity.
The Subgrantee must:
B. When entering into "covered transactions", as defined by 2 CFR 180.200:
1. Verify the non-federal entity is eligible to participate in this Federal program by:
a. Checking the excluded parties list system (EPLS) as maintained within the System for
Award Management (SAM) to determine if non-federal entity is excluded or
disqualified; or
b. Collecting a certification statement from the non-federal entity attesting they are
not excluded or disqualified from participating; or
c. Adding a clause or condition to covered transactions attesting individual or firm are
not excluded or disqualified from participating.
2. Require prime contractors to comply with 2 CFR 180,330 when entering into lower-
Tier transactions (e,g. Sub-contracts),
10. Ban on Texting When Driving.
a. in accordance with Executive Order 13513, Federal Leadership on Reducing Text
Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text
Messaging While Driving, December 30, 2009, the Sponsor is encouraged to;
I. Adopt and enforce workplace safety policies to decrease crashes caused
by distracted drivers including policies to ban text messaging while driving
when performing any work for, or on behalf of, the Federal government,
including work relating to a grant or subgrant.
Conduct workplace safety initiatives in a manner commensurate with the
size of the business, such as:
1. Establishment of new rules and programs or re-evaluation of
existing programs to prohibit text messaging while driving; and
2. Education, awareness, and other outreach to employees
about the safety risks associated with texttng while driving.
b. The Sponsor must insert the substance of this clause on banning texting when driving
in all subgrants, contracts and subcontracts.
2
APPENDIX F
11. Trafficking in Persons.
a. Prohibitions: The prohibitions against trafficking in persons (Prohibitions) that
apply to any entity other than a State, local government, Indian tribe, or foreign
public entity. This includes private Sponsors, public Sponsor employees,
subreciplents of private or public Sponsors (private entity) are:
1. Engaging in severe forms of trafficking in persons during the period of time that
the agreement is in effect;
2. Procuring a commercial sex act during the period of time that the agreement is in
effect; or
3. Using forced labor in the performance of the agreement, including subcontracts
or subagreements under the agreement.
b, In addition to all other remedies for noncompliance that are available to the IAA,
Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as
amended (22 U,S.C. 7104(g)), allows the FAA/MDOT to unilaterally terminate this
agreement, without penalty, if a private entity —
1. Is determined to have violated the Prohibitions; or
ii. Has an employee who the FAANDOT determines has violated the
Prohibitions through conduct that is either-
1. Associated with performance under this agreement; or
2. Imputed to the Sponsor or subrecipient using 2 CFR part 180, "OMB Guidelines to
Agencies on Governmentwide Debarment and Suspension (Nonprocurement),' as
implemented by the FAA at 49 CFR Part 29.
12. Exhibit A Included with Grant Application. The Exhibit NA" updated 1/14/13, submitted with
the project application is made a part of this grant agreement.
13. Co-Sponsor.
The Co-Sponsors understand and agree that they jointly and severally adopt and ratify the
representations and assurances contained therein and that the word "Sponsor" as used in the
application and other assurances is deemed to include all co-sponsors,
14. Audits for Public Sponsors,
A subgrantee expending $750,000 or more of Federal awards in a fiscal year must conduct a
single or program specific audit in accordance with 2 CFR part 200 part 200,
3
APPENDIX F
15. System for Award Management (SAM) Registration and Universal indentifier.
A. Requirement for System for Award Management (SAM): Unless the subgrantee is
exempted from this requirement under 2 CFR 25,110, the subgrantee must maintain the
currency of its information in the SAM until the State submits the final financial report
required under this grant, or receives the final payment, whichever is later. This requires that
the State review and update the information at least annually after the initial registration and
more frequently if required by changes in Information or another award term. Additional
information about registration procedures may be found at the SAM website (currently at
http://www.sam.gov ).
B, Requirement for Data Universal Numbering System (DUNS) Numbers:
1. The State must notify a potential subrecipient that it cannot receive a subgrant unless
it has provided its DUNS number to the State.
2. The State may not make a subgrant to a subrecipient unless the subrecipient has
has provided its DUNS number to the State.
3. Data Universal Numbering System: DUNS number means the nine-digit number
Established and assigned by Dun and Bradstreet, Inc. (D84.13) to uniquely indentify
business entities. A DUNS number may be obtained from D&I3 by telephone
(866-606-8220) or on the web at http://fedgovAnb.com/webform).
4
APPENDIX F
Special Conditions
Note: Any reterence to FAA includes MOOT, where applicable,
Sponsor
Type1
Type of Project Special Conditions
Airport ARFF and SRE ;
Equipment Acquisition
ARFF and SRE EQUIPMENT AND VEHICLES; The Sponsor agrees that it
will:
1) house and maintain the equipment in a state of operational
readiness on and for the airport;
2) provide the necessary staffing and training to maintain and operate
the vehicle and equipment;
3) restrict the vehicle to on-airport use only;
4) restrict the vehicle to the use for which it was intended; and
5) amend the Airport Emergency Plan and/or Snow and Ice Control Plan
to reflect the acquisition of the vehicle and equipment. (Applicable only
for Part 139 Airports).
Airport Equipment Replacement
such as ARFF and SRE
EQUIPMENT OR VEHICLE REPLACEMENT: The Sponsor agrees that
because the Fair Market Value is $5,000 or more and the
equipment/vehicle will not be retained by the Sponsor for airport
purposes (or donated to another eligible/justified Sponsor), the
Sponsor will use the Fair Market Value of equipment being replaced by
this project to reduce the total project costs.
Airport ARFF Equipment - Off-
Airport Storage
OFF-AIRPORT STORAGE OF ARFF VEHICLE; The Sponsor agrees that it
will:
1) house and maintain the vehicle in a state of operational readiness for
the airport;
2) provide the necessary staffing and training to maintain and operate
the vehicle;
3) restrict the vehicle to airport use only;
4) amend the Airport Emergency Plan to reflect the acquisition of the
vehicle ;
5) within 60 days, execute an agreement with local government
including the above provisions and a provision that violation of
agreement could require repayment of subgrant funding; and
6) submit a copy of the executed agreement to the FAA.
Airport AWOS AUTOMATED WEATHER OBSERVING SYSTEMS (AW0S): The Sponsor
agrees that it will:
1) within 60 calendar days of subgrant acceptance, establish a
Memorandum of Agreement (MOA) with the FAA;
2) develop an Operations Maintenance Manual to more specifically
describe the operational, maintenance, and documentation
1 Sponsor types include Airport Sponsor (Public and Private), Airport Sponsor (Private Only), Noise, and State or Local
Government
March 27, 2014 FAA; October 29, 2014 MDOT
Page 1
APPENDIX F
Special Conditions
Note: Any reterence to FAA includes MIA) I, Wnere applicanie.
Sponsor
Typei
Type of Project Special Conditions
requirements for the AWOS;
3) within 60 calendar days of installation, take the necessary actions to
initiate the AWOS commissioning by the FAA; and
4) provide for the installation, commissioning, continuous operation,
and maintenance of any Non-Federal AWOS funded under this grant for
the useful life of the equipment.
The Sponsor further understands that the FAA will not take over the
ownership, operation, or maintenance of any Sponsor-acquired
equipment.
Airport ALP & AIP Funded
Construction
AIRPORT LAYOUT PLAN: The Sponsor understands and agrees to
update the Airport Layout Plan to reflect the construction to standards
satisfactory to the FAA and submit it in final form to the FAA. It is
further mutually agreed that the reasonable cost of developing said
Airport Layout Plan Map is an allowable cost within the scope of this
project.
Airport Lighting - Operation and
Maintenance
LIGHTING: The Sponsor must operate and maintain the lighting system
during the useful life of the system in accordance with applicable FAA
standards.
Airport Temporary NAVAIDS TEMPORARY NAVAIDS: The Sponsor agrees that this equipment is
being acquired for temporary use to minimize disruptions to the airport
during construction. The Sponsor further agrees that upon
construction completion of this project or at the point when this
equipment is no longer needed for its intended use (but no later than
the construction completion of the project), that the Sponsor will house
this equipment in an interior enclosure. The Sponsor further agrees to
make this equipment available, without cost, to be transferred to
another airport or as directed by the FAA.
Airport Construction on land not
yet acquired/ Good Title
NOTICE TO PROCEED - PROPERTY INTEREST ACQUIRED: The Sponsor
understands and agrees that the FAA authorization for the Sponsor to
Issue a notice to proceed with construction work will not be given until
the Sponsor has adequately certified that good title will be acquired on
the land on which construction is to be performed.
Airport Construction on land not
yet acquired/ Good Title
TITLE EVIDENCE: The Sponsor understands and agrees that the FAA will
not make nor be obligated to make any payments involving Parcel(s)
N•A until title evidence has been submitted to, and found satisfactory
by the FAA, subject to no liens, encumbrances, reservations or
exceptions which in the opinion of the FAA might create an undue risk
or interference with the use and operation of the airport.
March 27, 2014 FAA; October 29, 2014 MOOT
Page 2
APPENDIX F
Special Conditions
Note: Any reference
Sponsor
Type/
Airport
to FAA includes M DOT, where
Type of Project
DBE Plan
applIcaple,
Special Conditions
DBE PLAN: The Sponsor understands and agrees that the FAA will not
make nor be obligated to make any payments on this subgrant until the
Sponsor has received approval of its DBE Plan from the FAA Office of
Civil Rights.
Airport Environmental
(Required for Ail
Projects)
,
ENVIRONMENTAL; The environmental approval for this project was
issued on 1/23/15 for Rehab Apron-Terminal Design/Construction and
1/22/18 for Rehab Runway-Airfield Crack Sealing & Paint Marking. This
project includes the following mitigation measures:
N/A
The Sponsor understands and agrees to complete the above-listed
mitigation measures to standards satisfactory to the FAA. It is further
mutually agreed that the reasonable cost of completing these
mitigation measures is an allowable cost within the scope of this
project.
Airport EIVIAS EMAS BLOCK PRE-PURCHASE; The Sponsor understands that it may
request reimbursement for payment made by the Sponsor to the EMAS
manufacturer for up to 90% of the cost of EMAS block manufacturing
costs of EMAS blocks that remain in the manufacturer's care, custody
and control provided that the Sponsor has provided a certification to
the FAA as to quantity and condition of the EMAS blocks.
The remaining payment may be made after delivery to the Sponsor's
location and acceptance by the Sponsor,
Airport Equipment EQUIPMENT ACQUISITION: The Sponsor understands and agrees that
any equipment acquired through this subgrant is considered a facility
as that term is used in the Grant Assurances. Further, the equipment
must be only operated by the Sponsor. The Sponsor agrees that it will
maintain the,equipment and use it exclusively at the airport for airport
purposes.
Airport Equipment - Friction
Measuring Device
FRICTION MEASURING DEVICES: The Sponsor agrees that it will
properly calibrate, operate, and maintain the friction measuring
equipment. The friction measuring equipment and tow vehicle (if
applicable) must not be used for any other purpose other than for
conducting friction measuring tests on airport pavement surfaces and
directly related activities.
Airport NAVAIDS - ILS
Note that in general,
Category I ILS are no
INSTRUMENT LANDING SYSTEM AND ASSOCIATED EQUIPMENT IN
PROJECT: The Sponsor agrees that it will:
1) Prior to commissioning, assure the equipment meets the FAA's
March 27, 2014 FAA; October 29, 2014 MOOT
Page 3
APPENDIX F
Special Conditions
Note: Any reference to FAA includes MOOT, wnere applicable.
Sponsor
Type/
Type of Project Special Conditions
longer being installed
Instead, RNAV
approaches provide
equivalent approach
minima. Installation of a
new ILS must follow the
ILS policy and must have
APP4 approval.
standards; and
2) Remove, relocate, lower, mark, or light each obstruction to obtain a
clear approach as indicated in the 14 CFR part 77 aeronautical survey.
Airport Fence - Wildlife WILDLIFE FENCE The Sponsor understands that the fence Is being
installed to prevent wildlife from entering the airfield. The Sponsor
agrees that it will maintain the integrity of the fence for its useful life,
but no less than 20 years from the date of the subgrant was issued.
The Sponsor understands that maintenance of the fence includes repair
of damage to the fence or gates due to any purpose.
Airport Land - Revise Exhibit "A"
Property Map
UPDATE APPROVED EXHIBIT "A" PROPERTY MAP FOR LAND IN
PROJECT: The Sponsor understands and agrees to update the Exhibit
"A" Property Map to standards satisfactory to the FAA and submit it in
final form to the FAA. It is further mutually agreed that the reasonable
Cost of developing said Exhibit "A" Property Map is an allowable cost
within the scope of this project.
Airport Land acquisition -Future
Land
FUTURE DEVELOPMENT LAND: The Sponsor agrees to perform the
airport development which requires this land acquisition within 10
years of this subgrant agreement, and further agrees not to dispose of
the land by sale or lease without prior consent and approval of the FAA.
In the event the land is not used within 10 years for the purpose for
which it was acquired, the Sponsor will refund the Federal and State
share of acquisition cost or the current fair market value of the land,
whichever is greater.
Airport Master Plan -
Coordination
COORDINATION: The Sponsor agrees to coordinate this master
planning study with the metropolitan planning organizations, other
local planning agencies, and with the State Airport System Plan
prepared by the State's Department of Transportation and consider any
pertinent information, data, projections, and forecasts which are
currently available or as will become available. The Sponsor agrees to
consider any State Clearinghouse comments and to furnish a copy of
the final report to the State's Department of Transportation.
Airport NM/AIDS -Operations
and maintenance
AIRPORT-OWNED VISUAL OR ELECTRONIC NAVIGATION AIDS IN
PROJECT: The Sponsor agrees that it will:
1) Provide for the continuous operation and maintenance of any
March 27, 2014 FAA; October 29, 2014 MOOT
Page 4
APPENDIX F
Special Conditions
Note: Any reference
Sponsor
Type'
to FAA includes NIDU I, where
Type of Project
applicalpie.
Special Conditions
navigational aid funded under this subgrant agreement during the
useful life of the equipment;
2) Prior to commissioning, assure the equipment meets the FAA's
standards; and
3) Remove, relocate, lower, mark, or light each obstruction to obtain a
clear approach as indicated in the 14 CFR part 77 aeronautical survey.
Airport New or ,
Replacement Airport
SELECTION: The Sponsor understands and agrees that the Project ,ITE
cannot proceed beyond the site selection study until the Sponsor has
received formal approval from the FAA to proceed.
Airport Non-AIP Utility Proration
(Refer to AIP Handbook
—M. 3, Sec. 11, Par, 3-
98)
UTILITIES PRORATION: For purposes of computing the United States'
share of the allowable project costs, the allowable cost of the N/A
included in the project must not exceed N/A percent.
Airport Utility Relocation UTILITY RELOCATION IN PROJECT: The Sponsor understands and
agrees that:
1) the United States will not participate in the cost of any utility
relocation unless and until the Sponsor has submitted evidence
satisfactory to the FAA that the Sponsor is legally responsible for
payment of such costs;
2) FAA participation is limited to those utilities located on-airport or
off-airport only where the Sponsor has an easement for the utility; and
3) the utilities exclusively serve the Airport;
Airport Obstruction Removal OBSTRUCTION REMOVAL: The Sponsor agrees to clear parcel(s) N/A, as
shown on Exhibit 'A" Property Map, of the following obstructions: N/A
prior to final payment under the project, The Sponsor also agrees that
it will not erect, nor permit the erection of any permanent structures or
obstructions on the airport except those required for aids to air
navigation or those which have been specifically approved by the FAA.
Airport Pavement PAVEMENT MAINTENANCE MANAGEMENT PROGRAM: The Sponsor
agrees that it will Implement an effective airport pavement
maintenance management program as required by Subgrant Assurance
Pavement Preventive Management. The Sponsor agrees that it will use
the program for the useful life of any pavement constructed,
reconstructed, or repaired with federal financial assistance at the
airport. The Sponsor further agrees that the program will
1. follow FAA Advisory Circular 150/5380-6, "Guidelines and
Procedures for Maintenance of Airport Pavements," for specific
March 27, 2014 FAA; October 29, 2014 MDOT
Page 5
APPENDIX F
Special Conditions
Note; Any reference to FAA includes MOOT, where applicable.
guidelines and procedures for maintaining airport pavements,
establishing an effective maintenance program, specific types of
distress and Its probable cause, inspection guidelines, and
recommended methods of repair;
a. detail the procedures to be followed to assure that proper
pavement maintenance, both preventive and repair, is performed;
3, include a Pavement Inventory, Inspection Schedule, Record
Keeping, Information Retrieval, and Reference, meeting the
following requirements:
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,
b. Inspection Schedule,
1) 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 the Advisory
Circular 150/5380-6, the frequency of inspections may be
extended to three years.
2) Drive-By Inspection. A drive-by inspection must be
performed a minimum of once per month to detect
unexpected changes in the pavement condition. For drive-
by inspections, the date of inspection and any maintenance
performed must be recorded.
4. Record Keeping, Complete information on the findings of all
detailed inspections and on the maintenance performed must be
recorded and kept on file for a minimum of five years. The type of
distress, location, and remedial action, scheduled or performed,
must be documented. The minimum information is:
a. inspection date;
b. location;
c, distress types; and
d, maintenance scheduled or performed.
Information Retrieval System. The Sponsor must be able to retrieve the
information and records produced by the pavement survey to provide a
report to the FAA as may be required.
March 27, 2014 FAA; October 29, 2014 MDOT Page 6
APPENDIX F
Special Conditions
e ence to FAA includes MDOT, where applicable
Airport PROJECTS WI-ITCH CONTAIN PAVING WORK IN EXCESS OF $500,000:
The Sponsor agrees to:
a. Furnish a construction management program to the FAA prior to
the start of construction which details 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
and State specifications. The program must 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 the testing laboratories
meet the requirements of the American Society of Testing
and Materials standards on laboratory evaluation
referenced in the Lontract specifications (ID 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 standard, and the
acceptance criteria or tolerances perMittecl 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 that did not meet the
applicable test standard. The report must include the pay
reductions applied and the reasons for accepting any out-of-
tolerance material. An _interim test and quality control report
must be submitted, if requested by the FAA.
March 27, 2014 FAA; October 29, 2014 MDOT Page 7
APPENDIX F
Special Conditions
Note: Any reference to FAA Includes [MOT, where applicable.
Sponsor
Typal
Type of Project Special Conditions
c. Failure to provide a complete report as described in paragraph b,
or failure to perform such tests, will, absent any compelling
justification; result in a reduction in Federal participation for
costs incurred in connection with construction of the applicable
pavement. Such reduction will be at the discretion of the FAA
and will be based on the type or types of required tests riot
performed or not documented and will be commensurate with
the proportion of applicable pavement with respect to the total
pavement constructed under the subgrant agreement,
. The FAA, at its discretion, reserves the right to conduct
independent tests and to reduce subgrant payments accordingly
If such independent tests determine that sponsor test results are
inaccurate,
Airport Pavement maintenance MAINTENANCE PROJECT LIFE; The Sponsor agrees that pavement
maintenance is limited to those aircraft pavements that are in
sufficiently sound condition that they do not warrant more extensive
work, such as reconstruction or overlays in the immediate or near
future, The Sponsor further agrees that AlP funding for the pavements
maintained under this project will not be requested for more
substantial type rehabilitation (more substantial than periodic
maintenance) for a 5-year period following the completion of this
project unless the FAA determines that the rehabilitation or
reconstruction is required for safety reasons,
Airport RPZ Acquisition PROTECTION OF RUNWAY PROTECTION ZONE: The Sponsor,agrees to
prevent the erection or creation of any structure, place of public
assembly, or other use in the runway protection zone, as depicted on
the Exhibit "A": Property Map, except for NAVAIDS that are fixed by
their functional purposes or any other structure permitted by the FAA.
The Sponsor further agrees that any existing structures or uses within
the Runway Protection Zone will be cleared or discontinued by the
Sponsor unless approved by the FAA,
Airport RPZ Acquisition PROTECTION OF 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 an airport hazard 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.
March 27, 2014 FAA; October 29, 2014 MDOT
Page 8
APPENDIX F
Special Conditions
Note: Any reference to FAA includes NANA where applIcable.
Sponsor
Type/
Type of Project Special Conditions
Airport RPZ Future Acquisition
(This special condition
should be used if any of
the following items are
part of the grant; 1) An
airfield project that
impacts the runway
threshold, 2)A change in
e th design_critical
aircraft that increases
the RPZ dimensions, or
3) A new or revised
instrument approach
procedure that increases
the RPZ dimensions).
ACQUISITION OF THE RUNWAY PROTECTION ZONE: Future Interest in
the Runway Protection Zone: The Sponsor agrees that it will acquire
N/A in the Runway Protection Zones for runways that presently are not
under Its control within N/A years of this Subgrant Agreement, The
Sponsor further agrees to prevent the erection or creation of any
structure or place of public assembly in the Runway Protection Zone,
except for NAVAIDS that are fixed by their functional purposes or any
other structure approved by the FAA. The Sponsor further agrees that
any existing structures or uses within the Runway Protection Zone will
be cleared or discontinued by the Sponsor unless approved by the FAA.
Airport . VALE equipment LOW EMISSION SYSTEMS: The Sponsor agrees that vehicles and
equipment included in this subgrant:
1) will be maintained and used at the airport for which they were
purchased ;
2) will not be transferred, relocated, or used at another airport without
the advance consent of the FAA;
3) will be clearly labeled using the FAA-ciesigned VALE program
emblem;
4) will be replaced, at the Sponsor's own cost, any disabled or seriously
damaged vehicle or equipment at any time during its useful life, with an
equivalent vehicle or unit that produces an equal or lower level of
emissions for the useful life of the vehicle or equipment, or life of
Airport Emission Reduction Credits, whichever is longer.
The Sponsor further agrees that It will maintain annual records on
individual vehicles and equipment, project expenditures, cost
effectiveness, and emission reductions,
Airport VALE Recharging System RECHARGING SYSTEM VALE— USE AND OPERATION REQUIREMENTS:
The Sponsor understands that it is obligated to earn emissions credits
from the state air quality agency on a yearly basis for the use of this
recharging system and the use of electric ground support equipment at
the airport. The Sponsor understands and agrees that the Sponsor may
be obligated to repay to the FAA some or all of the federal share of the
recharging project if Sponsor does not earn the emissions credits that
the Sponsor estimated in the project application.
March 27, 2014 FAA; October 29, 2014 MDOT Page 9
APPENDIX F
Special Conditions
Note: Any reference to FAA Includes MOOT, where applicable.
Sponsor
Type/
Airport or
Noise
Type of Project
Building Allowable Costs
(Prorate)
Special Conditions
BUILDING AlP PRORATION: For purposes of computing the United
States' share of the allowable project costs of the project, the allowable
cost of the N/A included in the project must not exceed N/A percent of
the actual cost of the entire building,
Airport or
Noise
Noise Land ACQUISITION OF NOISE LAND: The Sponsor agrees that as part of the
land acquisition in this project, it will prepare or update a Noise Land
Inventory Map and Reuse Plan to standards satisfactory to the FAA and
submit said documentation in final form to the FAA. It is further
mutually agreed that the reasonable cost of developing or updating a
Noise Land Inventory Map and Disposal Plan is an allowable cost within
the scope of this project.
Airport or
Noise
Noise - Annual Report ANNUAL NOISE REPORT: As a condition of this Airport Improvement
Program (Alp) subgrant, the Sponsor agrees to provide to the FAA, an
annual report of funds expended and actions associated with this
subgrant within 90 days following the end of each Federal fiscal year
the subgrant remains open. The report must provide the following
information:
1) Total noise subgrant funds expended during the fiscal year.
2) Amount of funds expended by Program Element(s) as identified in
the Sponsor's Noise Compatibility Program (NCP),
3) Number of parcels mitigated by DNL contour and Program Element
as identified in the Sponsor's NCP,
4) Total number of people impacted by the Sponsor's NCP (by DNL
contour) and total number of people mitigated during the fiscal year by
DNL contour and Program Element as identified in the Sponsor's NCP.
5) A graphic (map) depicting DNL contours and the location of
mitigation action as defined by the Program Element(s) of the
Sponsor's NCP, including a list by address for mitigation actions shown
on the map. -
6) A written plan outlining actions being planned for the next year
based on the Sponsor's priorities and the NCP.
7) Other information as required by the FAA,
AU Sponsor
Types
Plans and Specifications PLANS AND SPECIFICATIONS PRIOR TO BIDDING: The Sponsor agrees
that it will submit plans and specifications for FAA review and approval
prior to advertising for bids.
All Sponsor
Types
Plans and Specification s
Certification
PLANS & SPECIFICATIONS APPROVAL BASED UPON CERTIFICATION:
The FAA and the Sponsor agree that the FAA approval of the Sponsor's
Plans and Specification is based primarily upon the Sponsor's
certification to carry out the project in accordance with policies,
March 27, 2014 FAA; October 29, 2014 MDOT
Page 10
APPENDIX F
Special Conditions
Note: Any reference to FAA includes MD0T, where applicable,
Sponsor
Type/
Type of Project Special Conditions
standards, and specifications approved by the FAA. The Sponsor
understands that:
1)The Sponsor's certification does not relieve the Sponsor of the
requirement to obtain prior FAA approval for modifications to any AIP
standards or to notify the FAA of any limitations to competition within
the project;
2)The FAA's acceptance of a Sponsor's certification does not limit the
FAA from reviewing appropriate project documentation for the purpose
of validating the certification statements;
3) if the FAA determines that the Sponsor has not complied with their
certification statements, the FAA will review the associated project
costs to determine whether such costs are allowable under All>,
All Sponsor
Types
Design-Only Subgrants DESIGN SUBGRANT: This subgrant agreement is being issued in order
to complete the design of the project. The Sponsor understands and
agrees that within 2 years after the design is completed that the
Sponsor will accept, subject to the availability of the amount of federal
funding identified in the Airport Capital Improvement Plan (ACIP), a
subgrant to complete the construction of the project in order to
provide a useful and useable unit of work. The Sponsor also
understands that if the FAA has provided federal funding to complete
the design for the project, and the Sponsor has not completed the
design within four (4) years from the execution of this subgrant
agreement, the FAA may suspend or terminate subgrants related to the
design.
All Sponsor
Types
Force account FORCE ACCOUNT: The Sponsor agrees that proposals to accomplish
construction or engineering with the Sponsor's own personnel must
receive approval from the FAA prior to Sponsor incurring costs and that
no reimbursement payments will be made on that portion of this
subgrant until the Sponsor has received FAA approval for the force
account information.
All Sponsor
Types
Land Acquisition -
Revenue and Program
Income
PROGRAM INCOME AND REVENUE FROM REAL PROPERTY: The
Sponsor understands that all program income produced from real
property purchased in part with Federal funds in this subgrant received
while the subgrant is open will be deducted from the total cost of that
project for determining the net costs on which the maximum United
States' obligation will be based. The Sponsor further agrees that once
the subgrant is closed, all net revenues produced from real property
purchased in part with Federal funds in this subgrant must be used on
the airport for airport planning, development, or operating expenses.
This income may not be used for the Sponsor's matching share of any
March 27, 2014 FAA; October 29, 2014 MOOT
Page 11
APPENDIX F
Special Conditions
Note: /kny reterence to rAA mciuees iviuu I, wnere appacaele.
Sponsor
Types
Type of Project
_,
Special Conditions
subgrant. The Sponsor's fiscal and accounting records must clearly
identify actual sources and uses of these funds,
All Sponsor
Types
Land acquisition -
Relocation
UNIFORM RELOCATION ACT: The Sponsor understands and agrees that
all acquisition of real property under this project will be in accordance
with the 49 Code of Federal Regulations Part 24, Uniforms Relocation
Assistance And Real Property Acquisition For Federal And Federally
Assisted Programs.
All Sponsor
Types
Noise - mitigation INELIGIBILITY OF PREVIOUSLY INSULATED STRUCTURES; The Sponsor
understands and agrees that RIP funds may only be applied to noise
insulate structures under 14 Code of Federal Regulations Part 150 one
single time and that no structures in this subgrant have been previously
noise insulated using AIP funds.
All Sponsor
Types
Noise Mitigation —
Private Land
,
NOISE PROJECTS ON PRIVATELY OWNED PROPERTY; The Sponsor
understands and agrees that no payment will be made under the terms
of this Subgrant Agreement for work accomplished on privately owned
land until the Sponsor submits the agreement with the owner of the
property required by the Subgrant Assurance Number 5: Preserving
Rights and Powers, and the FAA has determined that the agreement is
satisfactory. As a minimum, the agreement with the private owner
must contain the following provisions:
1) The property owner must inspect and approve or disapprove the
work on the project during and after completion of the measures as the
FAA or Sponsor reasonably requests.
2) The property owner Is responsible for maintenance and operation of
the items installed, purchased, or constructed under this Subgrant
Agreement, Neither the FAA nor the Sponsor bears any responsibility
for the maintenance, operation, or replacement of these items.
3) If the Sponsor transfers Federal funds for the noise compatibility
measures to a private property owner or agent, the property owner
roust agree to keep records and make those records available to the
FAA and the Sponsor about the amount of funds received and the
disposition of the funds.
4) The property owner's right to sue for adverse noise impacts will be
abrogated if the property owner deliberately or willfully reduces the
effectiveness of the noise compatibility measures during the useful life
of such measures. This obligation will remain in effect throughout the
useful life of the noise compatibility measures, but not to exceed 20
March 27, 2014 FAA; October 29, 2014 MOOT
Page 12
APPENDIX F
Special Conditions
Note; Any reference to FAA inciuues MOOt J wnere ap
Sponsor
Type/
Type of Project Special Conditions
years from the date of the Sponsor's acceptance of federal aid for the
project.
All Sponsor
Types
Non AIP work in project NON-AIP WORK IN APPLICATION: The Sponsor understands and agrees
that;
1) the Project includes the planning and/or construction of N/A that is
not being funded with any Federal funding in this project ;
2) although the Sponsor has estimated a total project cost of $N/A, the
total allowable cost for purposes of determining federal participation
will not exceed $N/A;
3) it must maintain separate cost records for the AlP and non-AIP work;
4) all cost records must be made available for inspection and audit by
the FAA;
5) the Sponsor understands that all non-AlP work is the sole
responsibility of the Sponsor; and
6) the amount of allowable cost that will be used for purposes of
determining an increase in the maximum obligation of the United
States will not exceed $19/A, which is the total allowable cost for
purposes of determining federal participation in 2) of this special
condition.
All Sponsor
Types
Planning Scope of Work PRELIMINARY SCOPE OF WORK: This Subgrant is made and accepted
upon the basis of a preliminary scope of work. The parties agree that
within 30 days from the date of acceptance of this Subgrant Offer, the
Sponsor will furnish a final scope of work to the FAA and that no work
will commence, nor will there be any contract signed for
accomplishment of such work, until the final scope of work has been
approved by the FAA. The Sponsor and the FAA further agree that any
reference to the scope of work made in the Subgrant Offer or in the
project application is In respect to the final scope of work,
Airport -
Non-primary
Fuel farms FUELING SYSTEM — USE AND OPERATION REQUIREMENTS: This project
includes the installation of a new aviation fuel system. All revenue
generated by this fueling system must be used for the operation and
maintenance of the Airport in accordance with the subgrant
assurances. The fueling system established under this subgrant, will be
operated solely by the Sponsor and/or the Sponsor's employees. The
Sponsor is further obligated to operate and maintain the fueling system
March 27, 2014 FAA; October 29, 2014 MOOT
Page 13
APPENDIX F
Special Conditions
Note: Any reference
Sponsor
Type/ .
to FAA Includes INADUI, wrier°
Type of Project
applicant°.
Special Conditions
or the 20-year subgrant expected life, including meeting all local, state,
and federal regulations related to the fuel system.
Airport - Revenue Producing REVENUE PRODUCING PROJECT: The Sponsor agrees and understands
Non-primary Project that the Sponsor has certified to the FAA that it has made adequate
provisions for financing its airside needs. Further, the Sponsor agrees it
• will not seek AIP discretionary subgrant funds for the airside needs of
the airport for the three fiscal years following the fiscal year in which
this subgrant is issued. All revenue generated by this project must be
used for the operation and maintenance of the Airport in accordance
with the subgrant assurances.
Airport Land Acquisition LAND ACQUISITION: The Sponsor agrees that no payments will be
made on the subgrant until the Sponsor has presented evidence to the
FAA that it has recorded the subgrant agreement, including the
subgrant assurances in the public land records of the county
courthouse. The Sponsor understands and agrees that recording the
subgrant agreement legally enforces these requirements,
encumbrances and restrictions on the obligated land.
March 27, 2014 FAA; October 29, 2014 MDOT Page 14
Page 1 of 2 Michigan Department of Transportation 0165 (O9/15) APPENDIX G PRIME CONSULTANT STATEMENT OF DBE SUBCONSULTANT PAYMENTS Information reciuired in accordance with 49 CFR Section 26.37 to monitor progress of the prime consultant in meeting carTtrac.tuaI obligations to bElEs PRIME CONSULTANT NAME DBE % REQUIRED CONTRACT / ALITH NO. BILLING PERIOD TO INVOICE NUMBER SUBMITTAL DATE IS THIS PRIME FIRM MDOT-DBE CERTIFIED? I:1 YES El NO IS THIS THE FINAL INVOICE? DYES El NO CERTIFIED DBE SUBCONS ULTANT SERVICES I WORK PERFORMED TOTAL SUBCONTRACT AMOUNT TOTAL INVOICED TO DATE DEDUCTIONS ACTUAL AMOUNT PAID TO DATE DBE AUTHORIZED SIGNATURE (FINAL PAYMENT REPORT ONLY} DATE $ $ $ $ $ $ $ $ $ $ $ $ - $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ IE THE DBE % PROPOSED WAS NOT ATTAINED, PLEASE INCLUDE THE REASON 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 NAME I TITLE I SIGNATURE I DATE COMMENTS
Michigan Department INSTRUCTIONS Page 2 of 2 of Transportation 0165(09/15) PRIME CONSULTANT OR AUTHORZIED REPRESENTATIVE: This statement reports the actual dollar amounts of the project cost earned by and paid to DBE subconsultants. Complete and submit to the Payment Analyst with each billing and within 20 days of receipt of final payment Some forms may be blank if no payment was made since the previous billing. For "Contract No., Authorization No_," and "Job No." as appropriate, use the numbers assigned by MOOT. For "Period Covered," report the calendar days covered by the billing. For "Services Work Performed" report the main service performed by the subconsultant during the reporting period. For "Total Contract Amount" report the total amount of the contract between the prime consultant and the subconsultant For "Cumulative Dollar Value of Services Completed" report the total amount the subconsultant has earned since beginning this project. For 'Deductions," report deductions made by the prime consultant to the subconsultants "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, 1-886-DBE-1264
FISCAL NOTE (MISC. #183021 August 22, 2018
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: DEPARTMENT OF CENTRAL SERVICES — OAKLAND TROY AIRPORT — 2018 GRANT
PROGRAM ACCEPTANCE — REHABILITATE TERMINAL APRON — DESIGN AND CONSTRUCTION;
AIRFIELD CRACK SEALING AND 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. Resolution authorizes the acceptance of grant funding from Michigan Department of
Transportation for the development and improvement of Oakland Troy Airport.
2. The total cost of the project is $476,800 of which $429,120 is from Federal funds, $23,840 is from
State funds and $23,840 is the required local grant match.
3. The project consists of the rehabilitation of the terminal apron, airfield crack sealing and paint
marking at Oakland Troy Airport.
4. The Airport Committee has reviewed the project and recommends acceptance of the grant
contract.
5. Target date for project completion is March 1, 2020.
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 for the
$23,840 local grant match.
8. No budget amendment is required.
Commissioner Thomas Middleton, District 4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Zack and Long absent.
Lisa Brown, Oakland County
Resolution #18302 August 22, 2018
Moved by Long supported by Zack the resolutions (with fiscal notes attached) on the amended Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Bowman, Crawford, Dwyer, Fleming, Gershenson, Hoffman, Kochenderfer, KowaII, Long,
McGillivray, Middleton, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Berman. (18)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent
Agenda were adopted (with accompanying reports being accepted).
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 22, 2018,
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 22nd day of August, 2018.