HomeMy WebLinkAboutResolutions - 2000.06.15 - 26067June 15, 2000
REPORT (Misc. #00137)
BY: PLANNING AND BUILDING COMMITTEE -
CHARLES E. PALMER, CHAIRPERSON
IN RE: CENTRAL SERVICES-AVIATION DIVISION - 2000 GRANT
PROGRAM ACCEPTANCE - PURCHASE OF NEW HUDSON AIRPORT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the
above-referenced resolution on June 6, 2000, reports with the
recommendation that the resolution be adopted.
Chairperson, on behalf of the Planning and Building Committee,
I move acceptance of the foregoing Report.
PLANNINQVAND BUILDING COMMITTEE
Planning & Building Committee Vote:
Motion carried unanimously on a roll
call vote with Jensen and Gregory
absent.
General Government Committee Vote:
June 15, 2000
MISCELLANEOUS RESOLUTION #00137
BY: General Government Committee - Shelley G. Taub, Chairperson
IN RE: CENTRAL SERVICES - AVIATION DIVISION
2000 GRANT PROGRAM ACCEPTANCE - PURCHASE OF NEW HUDSON AIRPORT
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, Project No. B-26-0052-0100, for Federal funds in
a maximum obligation of $2,479,000, and State funds in the amount of $1,085,000,
for the purchase of New Hudson Airport; and
WHEREAS the New Hudson Airport is an important part of the transportation
system of Southwest Oakland County; and
WHEREAS the New Hudson Airport is owned by Elizabeth Myer and is publicly
used; and
WHEREAS Elizabeth Myer is willing to sell the Airport to the County to
assure its continuance as a publicly used facility and its acquisition would be
in the County's interest; and
WHEREAS the Airport is included in the Michigan Airport System Plan and
for its acquisition the County would be eligible for matching State funds; and
WHEREAS the Michigan Department of Transportation has received a block
grant from the Federal Aviation Administration for airport development projects
and shall act as agent on behalf of the County in the administration of the
project; and
WHEREAS the project as offered and approved by the Michigan Department of
Transportation and Federal Aviation Administration requires a local grant match
of $186,000, which is available from the airport fund; and
WHEREAS the Airport Committee has reviewed and approved the grant contract
subject to ratification by the Oakland County Board of Commissioners and believes
it to be in the County's interest to accept the grant contract; and
WHEREAS the attached contract has been approved in accordance with the
County Executive's review process; and
WHEREAS no application was requested from Oakland County, therefore the
application provisions of M.R. #95098, do not apply.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the grant contract in an amount not to exceed $3,750,000.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of
Commissioners or the approved designee is authorized to execute the grant
contract.
On behalf of the General Government Committee, I move the adoption of the
foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Motion carried on unanimous roll call vote with Patterson absent
CONTRACT FOR A FEDERAL/STATE/LOCAL
AIRPORT PROJECT,
UNDER THE BLOCK GRA
CONTRACT NO: 2000-XXXX
FEDERAL PROJECT NO.: B-26-0052-0100
AGENDA: DAB
This Contract is made and entered into this date of NFWVIW
the Michigan Department of Transportation, hereinafteat0'eg
Oakland County Board of Commissioners, hereinaftte refert
purpose of fixing the rights and obligations of the pAqie4,in agreefill
the Oakland County International Airport,
undertaking hereinafter referred to as the"
27, 2000, attached hereto and made a pa
sociate
iigat
by and between
.4.the "DEPARTMENT," and
e "SPONSOR," for the
llowing undertaking at
d cii"val'Ontiac, Michigan, such
ed in cle ii in Exhibit 1, dated April
PROJECT DESCRIPTION: Purejae of Nay' irport.
WITNESSETH:
e PR
of in
WHERE
Improvi
1979; an
WHEREAS
Administr#
feefatgirfunding pursuant to the Airport and Airway
gded, anTOF the Aviation Safety and Noise Abatement Act of
4 received a block grant from the Federal Aviation
rt development projects; and
ifgo'
NT is responsible for the allocation and management of block grant
I've'noted act.
the parties agree:
i.mpvgaMi PROJECT COST," as herein used is defined in Attachment(s) 3 attached hereto
ndlnade a part hereof. PROJECT COST will also include administrative costs incurred by
the DEPARTMENT in connection with the PROJECT. Administrative costs incurred by the
SPONSOR are not eligible PROJECT COSTS. •
1 5/2/00 BLOCKGRANT v2
THE SPONSOR WILL:
2. Enter into a contract with a consultant for each element of the PROJECT that requires such
expertise. The consultant will be selected in conformance with FAA Advisory Circular
150/5100-14. The DEPARTMENT will select the consultant for each element of the
PROJECT involving preparation of environmental documentation. The SPONSOR will select
the consultant for all other aspects. All consultant contracts will be submitted to the
DEPARTMENT for review and approval. Any such approvals will ne . se construed as a
warranty of the consultant's qualifications, professional standin$T* ‘o perform the work
being subcontracted, or financial integrity. The SPONSOR will n :ltward a consultant
contract nor authorize the consultant to proceed prior to recei#N*Wpproval of the
contract from the DEPARTMENT. Any change to the con,silliant'0 :::,.01,1quirerrior
written approval from the DEPARTMENT. In tli'eiyent the consultant mated, „ Ax the DEPARTMENT will be given immediate vkittoggtice by the SPO
3. Make payment to the DEPARTMENT for the SPONSORS
$0* within thirty (30) days of the billing date. The DEPARTW1,
any PROJECT work prior to receipt of payment from the SP(
share of that item of the PROJECT wo
are of the PROJECT COSTS
ill not make payments for
bit for the SPONSOR'S
Eligible PROJECT COSTS that ile'paid
toward the SPONSOR'S sharextr'ille PR
hundred eighty (180) days oftlee'4 date t 4
days of award by both parties of this
of PROJECT COST will Include q
ni'.0.int of the • gta cumentg
etermine
canceled checks. T
qi.ohEredit, ha
S h"ati,
or'fiiiIii2i1316.;litems
SPO
may be submitted for credit
sCOSTIP'Ovided it is submitted within one
Costs were incurred or one hundred eighty (180)
ract, whichever is later. Documentation of payment
s of the invoices and copies of both sides of the
*billing will be reduced by the amount of the
itted, provided it is submitted prior to the date
at the SPONSOR has been given credit for payment
e SPONSOR will be billed an amount to insure that the
•STS is covered.
b.
sufficient funds to meet its obligations.
With regard to 4:01;Wid record-keeping,
a. The syNsoR will establish and maintain accurate records, in accordance with
gen4ity accepted accounting principles, of all expenses incurred for which payment
is sought or made under this Contract, said records to be hereinafter referred to as the
'RECORDS." Separate accounts will be established and maintained for all costs
incurred under this Contract.
Audit and Inspection. The SPONSOR will comply with the Single Audit Act of 1984,
as amended, including, but not limited to, the Single Audit Amendments of 1996 (31
2 BLOCKGRANT v2 5/2/00
U.S.C. 7501-7507) the OMB Circular A-133, as revised or amended, and the
provisions of 1951 PA 51; MCL 247.660h; MSA 9.1097(10i), as applicable, that is
in effect at the time of contract award with regard to audits.
c.
The SPONSOR will maintain the RECORDS for at least six (6) years from the date
of final payment made by the DEPARTMENT under this Contract. In the event of a
dispute with regard to allowable expenses or any other issue under Contract, the
SPONSOR will thereafter continue to maintain the ' CORD least until that
dispute has been finally decided and the time for all avail drenges or appeals of
that decision has expired.
d. The DEPARTMENT or its representative insperópy,
at any reasonable time after giving reasonable notice.
e. If any part of the work is subcontracted, the
subsections (a), (b), (c), and (d) above for,'a.
%Rwvide acCiktw4pripEPARTMENT or its
gtords, reports, td documents pertaining
and other documents will be provided by
---".:NT:Aipon request. The SPONSOR
PART, inspect nspect the progress of all
uch inspections are for the exclusive use of the
to relieve or negate any of the SPONSOR'S
ontraM,'All technical data, reports, and documents
rom the date of final payment.
SOR will assure compliance with
lAtocted work.
5. Provide and will require its subcontractors
representatives to all technical data, acig
to this Contract. Copies of technicak,41Willi)
the SPONSOR or its subcontractgrio the
agrees to permit representatiy00 of the '
PROJECT work at any reas,04ble tim
DEPARTMENT and arF16tlinten
obligations and duties cOtained in
will be maintained fdt, alariod of loamksi
6.
an
applie
permj
$riaddition, th
(PP-A-1) and th
hereof.
OJECITErein enumerated, by itself, by a subcontractor, or by
e that it will comply with any and all state, federal, and local
pd regulations. The SPONSOR further agrees to obtain all
e entry into and the performance of this Contract.
:OR agrees to comply with the assurances contained in Appendix A
"if Conditions set forth in Appendix F, attached hereto and made a part
gatik‘DEPARTIVEDITWILL:
PONSOR for the SPONSOR'S share of estimated PROJECT COST. The
ARTMENT 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.
5/2/00 3 BLOCKGRANT v2
8. Upon receipt of payment request approved by the SPONSOR, make payment for eligible
PROJECT COSTS. The DEPARTMENT will seek reimbursement from the FAA through the
block grant issued to the DEPARTMENT for funds expended on eligible PROJECT COSTS.
The DEPARTMENT will not make payments for any PROJECT work prior to receipt of
payment from the SPONSOR for the SPONSOR'S share of that item of PROJECT work.
9. Make final accounting to the SPONSOR upon completion of thetROJElf,- payment of all
PROJECT COSTS, and completion of necessary audits. Any exeleLkOt deficiencies will be
4--
IT IS FURTHER AGREED:
„w 10. The PROJECT COST participation is estimated#06*Iihown below and: )h attached
Exhibit 1. Exhibit I is to be considered an estimate. The actual DEPARTMENT, FAA, and
-4*Mgt, SPONSOR shares of the PROJECT COST will be determined the time of financial closure
of the FAA grant.
returned or billed to the SPONSOR.
Federal share
Maximum DEPARTMENT share
SPONSOR share
Estimated PROJECT COST
$2,479,000
v 1,085,000
186.000
$3,750,000
.4ed with
total ft.$
000.
This project will be corn
attached Exhibit 1.
coppletion will b
utilization of two (2) payments as shown in the
eral and state shares of the estimated costs of the Ra'
Wrig„
able miff& the first payment for federal and state share shall be
11. Thet1440)E.IlikOST will be in part with federal funds granted to the DEPARTMENT w*. byr;„t.e AA ,ough,L`the block grant program and in part with DEPARTMENT funds. Upon v‘....E4MPOgRix - -srithe federal funds will be applied to the eligible items of PROJECT 4 ety percent (90%) up to the maximum obligations shown in Section
6Budget Letter discussed in Section 13. The DEPARTMENT funds will
balance of the PROJECT COST at a rate of fifty percent (50%) for those
Ed- state participation up to the maximum obligation shown in Section 10 or as
lie Budget Letter. Any items of PROJECT COST not funded with FAA or
MENT funds will be the sole responsibility of the SPONSOR.
difrial settlemenq
V COST at the rat
10 or as revised
be applied to .;41
, items eligib, -
xevised.,amitie
1470
12. The SPONSOR agrees that the costs reported to the DEPARTMENT for this Contract will
represent only those items that are properly chargeable in accordance with this Contract. The
SPONSOR also certifies that is has read the contract terms and has made itself aware of the
4 5/2/00 BLOCKGRANT v2
applicable laws, regulations, and terms of this Contract that apply to the reporting of costs
incurred under the terms of this Contract.
13. The PROJECT COST shown in Section 10 are the maximum obligation of DEPARTMENT
and federal funds under this Contract. The maximum obligation of DEPARTMENT and
federal funds may be adjusted to an amount less than the maximums shown in Section 10
through a budget letter issued by the DEPARTMENT. A Budget Letter *be used when
updated cost estimates for the PROJECT reflect a change in theAvounxaTunds needed to
fund all PROJECT COSTS. The Budget Letter will be signed bytt.':,40Tnistrator of Airport
Development Division of the Bureau of Aeronautic
A Budget Letter will also be used to add or delete w9rritenils•.:.;!F.,#44,-.,,p,',!:: CT
description, provided the costs do not exc deedthtiMpaximilrfiebligationsAi If the
total amount of PROJECT COSTS exceeds d etlxiMulic obligations sho''kijOiSection 10,
the PROJECT scope will have to be reduce ort written., amendment to this Contract to
provide additional funds will have to be awarded by both parties before the work is started.
that digq;A:(1%)oither insufficient funds
ds for the;tftre PROJECT or portions
or authorizing work performance, may
#killeh notice to the SPONSOR. In - old and of no errect with respect to the canceled
deposits on canceled portion less PROJECT
will be refunded following receipt of a letter from
!cis be returned or at the time of financial closure,
14. In the event it is determined by the DEPAR
or insufficient time to properly admini
thereof; the DEPARTMENT, prio9
cancel the PROJECT or any portipilhereo
the event this occurs, this Contract will be
portion of the PROJECT . AtlygSPONS
COST incurred on the caAledport,i
the SPONSOR requesting excess
Urseiti
ry the DEPAR
the DEPART
by the SPONS
not particiraTe in PROJECT COST incurred on canceled portions
ii1W'Sections 10 and 11 will not be construed to require the
win the canceled portion(s). 54:i •
osts pursuant to this Section will not constitute an final determination
tef the allowability of such costs and will not constitute a waiver by
'any violation of the terms and conditions of this Contract committed
In the ever,,t an audit performed by or on behalf of the DEPARTMENT indicates an
djustmentto the costs reported under this Contract or questions the allowability of an item
rge, the DEPARTMENT will promptly submit to the SPONSOR a Notice of Audit
Ras 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.
a. Agencies expending a total of Three Hundred Thousand Dollars ($300,000.00) or
more in federal funds from one or more funding sources in its fiscal year will comply
5/2/00 5 BLOCKGRANT v2
with the requirements of the federal Office of Management and Budget (OMB)
Circular A-133, as revised or amended.
The SPONSOR will submit two (2) copies of:
- The Reporting Package
- The Data Collection Package
- The management letter to the SPONSOR, if onellued .47 ie audit firm
The OMB Circular A-133 audit must be subviiii41 to /Mhtlow i til51 l :• ,., n accordance
with the time frame established in the circular, as revisAt . "
iv Agencies expending less than Three 1-160red Thousand Don* IfeINT:00) in
•,;x:‘,,M§.t::.ttr
b.
federal funds must submit a letter to the DEPARTMENT advising t It ..•A,tiii itillar audit
was not required. The letter will indicate 4110' a4licable fiscal year, the amount of
federal funds spent, the name(s) of the DCPAAP*JT federal programs, and the
' ' — • ' - ''''''. ik&submitted to the address _ .
below.
c. Address: Michi nw Transportation
Burt 'u of Aeakaiiiit'
2700 East Airport Service Drive hkg Capital Airportal
iplZansin.;.' 1 48906;2060
d. Agencies militzatk, complyb4:: applicabl e e State laws and regulations relative to audit aft.Mv.W. u
g
maudit costs to the DEPARTMENT'S federal programs that
'4,irthe aforementioned OMB Circular A-133 requirements.
subject to the federally-required monitoring activities, which may
include ':,2I2LtZ„!.bpe reviews and other on-site monitoring.
The fed& iward associated with this agreement is CFDA Airport Improvement
Prografiumber 20.106, Federal Project Number B-26-0052-0100, award year 2000,
Federiii5Aviation Administration, Department of Transportation. 0."
ly (60) days after the date of the Notice of Audit Results, the SPONSOR will (a)
Bhd in writing to the responsible BUREAU of the DEPARTMENT indicating whether
or not it concurs with the audit report, (b) clearly explain the nature and basis for any
disagreement as to a disallowed item of expense, and (c) submit to the DEPARTMENT a
written explanation as to any questioned or no opinion expressed item of expense, hereinafter
referred to as the "RESPONSE." The RESPONSE will be clearly stated and will provide any
- CFDA grant number(s). This informatton mu
5/2/00 6 BLOCKGRANT v2
ecf for a period of thirty six (36) months from the date of award. 17. 'I' bntt
supporting documentation necessary to resolve any disagreement or questioned or no opinion
expressed item of expense. Where the documentation is voluminous, the SPONSOR may
supply appropriate excerpts and make alternate arrangements to conveniently and reasonably
make that documentation available for review by the DEPARTMENT. The RESPONSE will
refer to and apply the language of the contract. The SPONSOR agrees that failure to submit
a RESPONSE within the sixty (60) day period constitutes agreement with any disallowance
of an item of expense and authorizes the DEPARTMENT to finally disallow any items of
questioned or no opinion expressed cost.
The DEPARTMENT will make its decision with regard 4o an
RESPONSE within one hundred twenty (120) del 'after the,
Results. If the DEPARTMENT determines that an overpayment
SPONSOR, the SPONSOR will repay that amount to DEP ,
agreement with the DEPARTMENT on a repayment schedule within thi
the date of an invoice from the DEPARTMENT. I,
overpayment or reach agreement with the DEPART
the thirty (30) day period, the SPONSOR agrees that
ds the
DEPARTMENT to the SPONSOR un
to the SPONSOR under the terms o ,,a*51
any partial payments or repaymere edule
month until the balance is paid yf full. Th
from the date of the invoice The rate of'
of Treasury common caslKprias in
annually by the DEPARTMENT
ktommonA
Ing or °ifs)
ourt of"Claims to contest the DEPARTMENT'S decision only
isallowance of which was disputed by the SPONSOR in a
Department of ire
colifeitts to this )1A e a law's
a portion of the overpayment from a
JMENT will deduct all or
Artafter payable by the MP* tract or ati.:2,: other agreement or payable
:*,.applicabli,e7Interest will be assessed on
*aid balance at the end of each
isessinentaiVierest will begin thirty (30) days
4:004* terest will be based on the Michigan Department
St earnings'. The rate of interest will be reviewed
adjusted as necessary based on the Michigan
nterest earnings. The SPONSOR expressly
funds under those circumstances, reserving the
repayment schedule within
Audit Results and
otice of ',lilt
adeA t\ the
reach
ays after
SPONSOR fails to repay the
as
timel
181' Failure on the pragfe SPONSOR to comply with any of the conditions in this Contract
may be considered cause for placing the SPONSOR in a state of noncompliance, thereby
making the SPONSOR ineligible for future federal and/or state funds until such time as the
noncomplia0 issues are resolved. In addition, this failure may constitute grounds for
,c,aacelkatialti the PROJECT and/or repayment of all grant amounts on a pro rata basis, if
IIECT has begun. In this Section, pro rata means proration of the cost of the
CT over twenty (20) years, if the PROJECT has not yet begun.
19. Any approvals, reviews, and inspections of any nature provided by the DEPARTMENT will
not be construed as a warranty or assumption of liability on the part of the DEPARTMENT.
It is expressly understood and agreed that any such approvals are for the sole and exclusive
7 BLOCKGRANT v2 5/2/00
purposes of the DEPARTMENT, which is acting in a governmental capacity under this
Contract, and that such approvals are a governmental function incidental to the grant that is
the subject of this Contract.
Any approvals, reviews, and inspections provided by the DEPARTMENT will not relieve the
SPONSOR of its obligations hereunder, nor are such approvals, reviews, and inspections
provided by the DEPARTMENT to be construed as a warranty as to the ,;,:bpriety of the
SPONSOR'S performance, but are undertaken for the sole titt kandi .•rmation of the
DEPARTMENT.
20. In connection with the performance of PROJEOL Work unde
(hereinafter in Appendix A referred to as the "contrac tor") co
Michigan provisions for "Prohibition of Discriminat ion in State '*ate Cont7
Appendix A, attached hereto and made a part heI;)!., The parties further
will comply with the Civil Rights Act of 1964,14,
Regulations of the United States Department of
pursuant to said Act, including Appendix B, atta ched her
require similar covenants on the part of any mtractor
performance of this Contract.
tact, the paras
the State of
„orth in
"that they
88-352, 78 Stat. 241, and the
if2n (49 CFR, Part 21) issued
de a part hereof, and will
tractor employed in the
The SPONSOR will carry out, appli
Disadvantaged Business Enterprise (DBrprogram,,,.,
limited to, those requirements set forth,AppendikC.
Its of the DEPARTMENT'S
'CFR Part 26, including, but not
21. In accordance with 19S0 PA 2784
SPONSOR, in theokrkfmance
sippetractor, manufacturer, or su
42421 et seg; MSA 17.458(22), et sea, the
tact, will not enter into a contract with a
ited in the register maintained by the State of
epaiiktfOr R,1?or, of afloyers who have been found in contempt of court by
of appeals on not less than three (3) occasions involving different violations
#sding seven (7) for failure to correct an unfair labor practice, as
'er 372 of the National Labor Relations Act, 29 U.S.C. 158.
ay yak' this Contract if the name of the SPONSOR or the name of
iturer, or supplier utilized by the SPONSOR in the performance of
htly appears in the register during the performance period of this
ed by the SPONSOR in the performance of services for the DEPARTMENT
ontract, either for sale or license to the DEPARTMENT and used by the
TMENT prior to, during, or after the calendar year 2000, includes or will include, at
ded cost to the DEPARTMENT, design and performance so as not to cause delay in
completion of the services under this Contract or cause the DEPARTMENT to experience
software abnormalities and/or the generation of incorrect results from the software due to
date oriented processing in the operation of the business of the DEPARTMENT. Also, any
software used by the SPONSOR to carry out its normal business, e.g. accounting and payroll,
during,
pro hi
The' r SubcontractO4
this Contract sti
Contract.
All softwar
nder thtij
5/2/00 8 BLOCKGRANT v2
structures, (databases, data files, etc.) that provide 4-digit date century;
contain date century recognition, including, but not limited to, Oa sto
hardware device internal system dates; calculations arif4 prograr;",:v
calendar generation, event recognition, and all pro,d0Ong actil
values) that accommodates same century anc1,01 .1fi-century4„
interfaces that supply data to and receive data Oom otheklsterri
prevent noncompliant dates and data from entèiik an
screens, reports, etc.) that accurately show 4-digit
be correctly treated as a leap year within all calcilititiiii* calendar logic.
.p.te system;
)id assurance thatl
red data that
n databases and
g., sort algorithms,
e or produce date
d date valdts;
la! • • Ah tz, at at
1,0as (i.e.,
2000 will
6. Each party to this Contract will rem.: .:;,„„. sbnsible for any claims arising out of that party's .
itilialce of ihi 6litt4ct as provided by this Contract or by law. et:WWW,'
This ozi
from
"his Contract i.
of indemnificatk
this Contract.
, bcrease or decrease either party's liability for or immunity
ttled to nor will it be interpreted as giving either party hereto a right
er by contract or at law, for claims arising out of the performance of
iscrepancies between the body of this Contract and any Exhibit hereto, the
ontract will govern.
will not cause delay in completion of the services under this Contract due to date oriented
processing in the operation of the business of the SPONSOR. Therefore, any business failure
due to software problems attributed to the calendar year 2000 is unacceptable as a cause for
delay in providing services under this Contract.
To insure year 2000 compatibility, the software design will include, but is not limited to, data
w 23. In any instance of dispute and/or litigation contIrning t
will be the sole responsibility of the paiikelvo., the col
controversy. It is understood and agre ,-,!3,:,4jcgal reprè
any dispute and/or litigation will be ih*LOSpqRsibilityi
T, the resolution thereof
•;* is the subject of the
on of the SPONSOR in
the SPONSOR.
24. The DEPARTMENT and the cA willoy be s'bjealfa7any obligations or liabilities by
contractors of the SPONSOW6f their slab ontractc4 or any other person not a party to this
Contract without its spec if CEconsentil notwithstanding its concurrence in or approval of —44 A'' the award of any contra41pr subcog#0,Ct or thosalicitation thereof ...
raffaliireontract will become binding on the parties and of full force and effect upon signing by
the duly authorized officials for the parties and upon adoption of a resolution approving said
contract and authorizing the signature(s) thereto of the respective official(s) of the
SPONSOR, a certified copy of which resolution will be attached to this Contract.
5/2/00 9 BLOCKGRANT v2
MICHIGAN DEPARTMENT OF TRANSPORTATIO
'
IN WITNESS WHEREOF, the parties have caused this Contract to be awarded.
OAKLAND COUNTY BOARD OF COMMISSIONERS
10 5/2/00 BLOCKGRANT v2
'Federal:
$1,354,000**
$1,125,000
Total $2,479,000*
$960,000**
$125,000
$186,000
$0
$2,500,000
$1,250,000
$1,085,000* $186,000 I $3,750,000
Payment 1
Payment 2
State' 1 Total
EXHIBIT 1
NEW HUDSON AIRPORT
NEW HUDSON, MICHIGAN
Project No. B-26-0152-0100
Contract No. FM 63-08-LAND
April 27, 2000
* This project will be completed with the utilization of two (2) payments as shown on this
Exhibit 1. The total federal and state shares of the estimated costs of the completion will be
$3,564,000.
** The maximum obligation payable under the first payment for federal and state share shall be
$2,314,000.
ATTACHMENT 3
SUPPLEMENTAL PROVISIONS FOR FEDERAL/STATE/LOCAL CONTRACTS
INVOLVING LAND ACQUISITION
AT ALL CLASSIFICATIONS OF AIRPORTS
1. The term PROJECT COST, shall include the costs necessary for the performance of
the PROJECT work including related engineering, title research, appraisals, negotiations, acquisition,
relocation of displaced persons and businesses, structure removal, legal and litigation costs and
attorney fees, the costs of technical guidance, and monitoring incurred in connection with the
PROJECT.
2. If the PROJECT is cancelled or the SPONSOR ceased acquisition on a voluntary
basis, all costs, fees and damages allowed shall be the responsibility of the SPONSOR. If the
SPONSOR discontinues or abandons any condemnation case, the SPONSOR shall be responsible for
all costs, fees_and damages allowed at law or equity. It is further agreed that any claims filed alleging
a constructive or de facto taking shall be the responsibility of the SPONSOR with regard to damages,
costs, interest, and attorney fees.
3. The SPONSOR hereby agrees that it will maintain said Airport in full operating
condition on a year-round basis for a period of twenty (20) years in accordance with general utility
licensing requirements set forth by the Michigan Aeronautics Commission rules and regulations.
During this period, the Airport shall not be abandoned or permanently closed without the express
written permission of the DEPARTNfENT.
4. In addition to the requirements of paragraph 3 of these supplemental provisions, and
not in lieu thereof, should the SPONSOR desire to abandon, close, sell or otherwise divest itself of
the airport or any portion thereof, the SPONSOR agrees to also provide to the DEPARTMENT a
prior written notice of any such intent giving the DEPARTMENT, for a period of one hundred eighty
(180) days after receipt of such notice, a first right to purchase at fair market value the airport and
all facilities thereon. Fair market value shall be determined by an independent appraisal of such
properties.
The notice of intent and first right to purchase shall be provided via registered or
certified mail, return receipt, postage prepaid, addressed to the Deputy Director of the Bureau of
Aeronautics, Michigan Department of Transportation.
5. The SPONSOR will operate and maintain in a safe and serviceable condition the
Airport and all facilities thereon and connected therewith which are necessary to serve the
aeronautical users of the Airport other than facilities owned or controlled by the United States in the
State of Michigan, and will not permit any activity thereon which would interfere with its use for
airport purposes; provided that nothing herein shall be construed as requiring the maintenance, repair,
1 of 2 May 31, 1994 Aero 3
restoration, or replacement of any structure or facility which is substantially damaged or destroyed
due to any act of God or other condition or circumstances beyond the control of the SPONSOR.
6. The SPONSOR will, either by the acquisition and retention of easements or other
interests in or rights for the use of land or airspace, or by the adoption and enforcement of zoning
regulations, prevent the construction, erection, alteration or growth of any structure, tree or other
object in the approach areas of the runways of the Airport, which would constitute an obstruction to
air navigation according to the criteria or standards prescribed in FAA Advisory Circulars.
For a period of twenty (20) years, the SPONSOR will make the airport available, as
an airport, for public use, to all types, kinds and classes of aeronautical use on fair and reasonable
terms and without unjust discrimination. Rates charged to aeronautical users will be determined on
the basis of the cost to the SPONSOR of providing the facility. In any agreement, contract, lease, or
other arrangement under which a right or privilege at the airport is granted to any person, firm, or
corporation to conduct or engage in an approved non-aeronautical activity, the SPONSOR will
charge fair market value for the right to conduct such activity. During this period, all revenues
generated by the airport, for either aeronautical or non-aeronautical activities, will be expended for
the capital or operating costs of the airport; the local airport system; or other local facilities, which
are owned or operated by the SPONSOR and directly and substantially related to the actual air
transportation of passengers or property.
2 of 2 May 31, 1994 Aero 3
APPENDIX A
PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS
In connection with the performance of work under this contract; the contractor agrees as follows:
1. In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees not to discriminate against an employee or
applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or as a matter directly or
indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, or marital status.
Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No. 478, Public Acts of 1980 the contractor
hereby agrees not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions,
or privileges of employment, or,a matter directly or 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 shall 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 insure that applicants for employment and employees are treated without regard
to their race, color, religion, national origin, age, sex, height, weight, marital status or a disability that is unrelated to the
individual's ability to perform the duties of a particular job or position. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship.
4. The contractor will, in all 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 his collective bargaining representative will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers'
representative of the contractor's commitments under this appendix.
6. The contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil Rights
Commission which may be in effect prior to the taking of bids for any individual state project.
7. The contractor will 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 himself, and said contractor will permit access to his books, records, and accounts
by the Michigan Civil Rights Commission and/or its agent, for purposes of investigation to ascertain compliance with this contract
and relevant with rules, regulations, and orders of the Michigan Civil Rights Commission.
8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has not complied
with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its order based upon such
findings, certify said findings to the Administrative Board of the State of Michigan, which Administrative Board may order the
cancellation of the contract found to have been violated and/or declare the contractor ineligible for future contracts with the state
and its political and civil subdivisions, departments, and officers, and including the governing boards of institutions of higher
education, until the contractor complies with said order of the Civil Rights Commission. Notice of said declaration of future
ineligibility may be given to any or all of the persons with whom the contractor is declared ineligible to contract as a contracting
party in future contracts. In any case before the Civil Rights Commission in which cancellation of an existing contract is a
possibility, the contracting agency shall be notified of such possible remedy and shall be given the option by the Civil Rights
Commission to participate in such proceedings.
9. The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (1) through (8) in every
subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights Commission. and
will provide in every subcontract or purchase order that said provisions will be binding upon each subcontractor or seller.
March. 1998
Appendix B
(Aeronautics)
CIVIL RIGHTS ACT OF 1964, TITLE VI -49 CFR PART 21
CONTRACTUAL REQUIREMENTS
During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter
referred to as the "contractor") agrees as follows:
1. Compliance with Regulations. The contractor will comply with the Regulations relative to nondiscrimination
in federally assisted programs of the Department of Transportation (hereinafter "DOT") Title 49, Code of
Federal Regulations, Part 21, as they may be amended from time to time (hereinafter 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 contractorwill 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:
a. Withholding of payments to the contractor under the contract until the contractor complies, and/or
b. Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions. The contractor will include the provisions of paragraphs 1 through 5 in every
subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations
or directive issued pursuant thereto. The contractor will take such action with respect to any subcontract or
procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may
request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the
contractor may request the United States to enter into such litigation to protect the interests of the United
States.
1. General Federal Requirements. It will comply with all applicable Federal laws,
regulations, executive orders, policies, guidelines, and requireMents as they relate to the
application, acceptance and use of Federal funds for this project including but not limited
- to the following: • " 7 •-•
, Federal Legislaticin -
a. !Title 49,•U.S.C.; subtitle VII, as amended.
- b: ,.:AfDavis-Eacon ACC- 40 U.S.C. 2i6(a),'et sea.1
Federal Fair•Labor'Standards Act 7-.29 U.S.C. 201, et sea.
• . ; • -
APPENDIX E
ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements for
airport development, airport planning, and noise compatibility program grants for airport
sponsors.
2. These assurances are required to be submitted as part of the project application by
sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as
amended. As used herein, the term "public agency sponsor" means a public agency with
control of a public-use airport; the term "private sponsor" means a private owner of a
public-use airport; and the term "sponsor" includes both public agency sponsors and
private sponsors.
3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in
and become part of the grant agreement. •
Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a
Public Agency Sponsor. The terms, conditions and assurances of the grant agreement
shall remain in full force and effect throughout the useful life of the facilities developed or
equipment acquired for an airport development or noise compatibility program project, or
throughout the useful life of the project items installed within a facility under a noise •
compatibility program project, but in any event not to exceed twenty (20) years from the
date of acceptance of a grant offer of Federal funds for the project. However, there shall
be no limit on the duration of the assurances regarding Exclusive Rights and Airport
Revenue so long as the airport is used as an airport. There shall be no limit on the
duration of the terms, conditions, and assurances with respect to real property acquired
with federal funds. Furthermore, the duration of the Civil Rights assurance shall be
specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private
Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the
useful life of project items installed within a facility or the useful life of the facilities
developed or equipment acquired under an airport development or noise compatibility
program project shall be no less than ten (10) years from the date of acceptance of
Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant .
agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30. 32, 33, and 34 in section C apply to
planning projects. The terms, conditions, and assurances of the grant agreement shall
remain in full force and effect during the life of the project.
C. Sponsor Certification, The sponsor hereby asures and certifies, with respect to this grant that:
d. Hatch Act -5 U.S.C. 1501, et seq,2
e. Uniform ReloCation Assistance and Real Property Acquisition Policies Act
of 1970 Title 42 U.S.C. 4601, et seq,1 2
f. National Historic Preservation Act of 1966- Section 106 - 16 U.S.C.
470(0.1
g. Archeological and Historic Preservation Act of 1974 -16 U.S.C. 469
through 469c.1 •
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, el
seq.
Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C.
4012a.1
I. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973 -29 U.S.C. •94.
n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4.
o. Age Discrimination Act of 1975 -42 U.S.C. 6101, et seq.
p. American Indian Religious Freedom Act, P.L. 95-341, as amended.
Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq,1
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403-2 U.S.C.
8373.1
s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et sea.1
t. Copeland Antikickback Act - 18 U.S.C. 874.1
u. National Environmental Policy Act of 1969 -42 U.S.C. 4321, et seq)
v. • Wild and Scenic Rivers Act, P.L. 90-542, as amended.
w. Single Audit Act of 1984 - 31 U.S.C. 7501, et sea.2
x. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 11246- Equal Employment Opportunity'
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 — Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs.
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New
Building Construction'
Executive Order 12898 - Environmental Justice
Federal Regulations
a. 14 CFR Part 13- Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport
Enforcement Proceedings.
c. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part 1-Procedures for predetermination of wage rates)
e. 29 CFR Part 3 - Cohtractors and subcontractors on public building or
public work financed in whole or part by loans or grants from the United
States.'
f. 29 CFR Part 5 - Labor standards provisions applicable to contracts
covering federally financed and assisted construction (also labor
standards provisions applicable to non-construction contracts subject to
the Contract Work Hours and Safety Standards Act).1 •
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
I Employment Opportunity, Department of Labor (Federal and federally
assisted contracting requirements))
• ,L49_CFR Part 18 -.Uniform administratiVe requirements for . giants and
:cooperatiVe.agreements to stateand local governments.3... - . • _
t I
irpgl.h ...171.C4ffd":(9199
49 CFR Part 20 - New restrictions on lobbying.
j• 49 CFR Part 21 - Nondiscrimination in federally-assisted programs of the
Department of Transportation - effectuation of Title VI of the Civil Rights
Act of 1964.
k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in
Airport Concessions.
49 CFR Part 24 - Uniform relocation assistance and real property
acquisition for Federal and federally assisted programs) 2
m. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in
• Department of Transportation Programs.
n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs
and activities receiving or benefitting from Federal financial assistance.1
o. 49 CFR Part 29 — Government wide debarment and suspension (non-
procurement) and government wide requirements for drug-free workplace
(grants).
P• 49 CFR Part 30 - Denial of public works contracts to suppliers ofgoods
and services of countries that deny procurement market access to U.S.
contractors.
q• 49 CFR Part 41 - Seismic safety of Federal and federally assisted or
regulated new building construction.1
Office of Management and Budget Circulars
a. A-87 - Cost Principles Applicable to Grants and Contracts with State and
Local Governments. •
A-133 - Audits of States, Local Governments, and Non-Profit
Organizations
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and
Local Governments receiving Federal assistance. Any requirement levied
upon State and Local Governments by this regulation and circular shall also be
applicable to private sponsors receiving Federal assistance under Title 49,
United States Code. •
Specific assurances required to be included in grant agreements by any of the above
laws, regulations or circulars are incorporated by reference in the grant agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for the grant, and
to finance and carry out the proposed project; that a resolution, motion or
similar action has been duly adopted or passed as an official act of the
applicant's governing body authorizing the filing of the application,
including all understandings and assurances contained therein, and
directing and authorizing the person identified as the official
• representative of the applicant to act in connection with the application
and to provide such additional information as may be required. ••
.b: . Private Sponsor: It has legal authority to apply for the grant and to •
finance and carry out the proposed project and comply with all terms,
conditions, and assurances of this grant agreement. It shall designate an
-
Yofficial representative and shall in writing direct and authorize that person
to file this application, including all understandings and assurances.
•
.'.
: 'contained therein; to act in connection with this application; and to provide
,suctradditionai.information as maybe. required.
zoz, -
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project
costs which are not to be paid by the United States. It has sufficient funds available to assure
operation and maintenance of items funded under the grant agreement which it will own or
control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title,
satisfactory to the Secretary, to the landing area of the airport or site
thereof, or will give assurance satisfactory to the Secretary that good title
will be acquired.
b. For noise compatibility program projects to be carried out on the property
of the sponsor, it holds good title satisfactory to the Secretary to that
portion of the property upon which Federal funds will be expended or will
give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of
any of the rights and powers necessary to perform any or all of the terms,
conditions, and assurances in the grant agreement without the written
approval of the Secretary, and will act promptly to acquire, extinguish or
modify any outstanding rights or claims of right of others which would
interfere with such performance by the sponsor. This shall be done in a
manner acceptable to the Secretary.
b. It will not sell, lease, encumber, or otherwise transfer or dispose of any
part of its title or other interests in the property shown on Exhibit A to this
application or, for a noise compatibility program project, that portion of the
property upon which Federal funds have been expended, for the duration
of the terms, conditions, and assurances in the grant agreement without
approval by the Secretary. If the transferee is found by the Secretary to
be eligible under Title 49, United States Code, to assume the obligations
of the grant agreement and to have the power, authority, and financial
resources to carry out all such obligations, the sponsor shall insert in the
contract or document transferring or disposing of the sponsor's interest,
and make binding upon the transferee all of the terms, conditions, and
assurances contained in this grant agreement.
c. For all noise compatibility program projects which are to be carried out by
another unit of local government or are on property owned by a unit of
local government other than the sponsor, it will enter into an agreement
with that government. Except as otherwise specified by the Secretary,
that agreement shall'oblig ate that government to the same terms,
• conditions, and assurances that Would be applicable to it if it applied
directly to the FAA for a grant to undertake the noise compatibility
program project. That agreement and changes thereto must be
satisfactory to the Secretary. It will take steps to enforce this agreement
. . against the local government if there is substantial non-compliance with
the terms of the agreement. • •
- -
d. For noise compatibility program projects to be carried out on privately
• - owned property, it will enter into an agreement with the owner of that
. It property which includes provisions specified by the Secretary. It will take
--steps to enforce this agreement against the property owner whenever
there is substantial non-compliance With the terms of the agreement.
AirpOrtAssurances (9/99
•
: 8.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the
Secretary,to ensure that the airport will continue to function as a public-
use airport in accordance with these assurances for the duration of these
assurances.
f. If an arrangement is made for management and operation of the airport
by any agency or person other than the sponsor or an employee of the
sponsor, the sponsor will reserve sufficient rights and authority to insure
that the airport will be operated and maintained in accordance Title 49,
United States Code, the regulations and the terms, conditions and
• assurances in the grant agreement and shall insure that such
arrangement also requires compliance therewith.
6. Consistency with Local Plans. The project is reasonably consistent with plans (existing
at the time of submission of this application) of public agencies that are authorized by the
State in which the project is located to plan for the development of the area surrounding'
the airport.
7. Consideration of Local Interest. It has given fair consideration to the interest of
communities in or near where the project may be located.
Consultation with Users. In making a decision to undertake any airport development
project under Title 49, United States Code, it has undertaken reasonable consultations
with affected parties using the airport at which project is proposed.
Public Hearings. In projects involving the location of an airport, an airport runway, or a
major runway extension, it has afforded the opportunity for public hearings for the purpose
of considering the economic, social, and environmental effects of the airport or runway
location and its consistency with goals and objectives of such planning as has been
carried out by the community and it shall, when requested by the Secretary, submit a copy
of the transcript of such hearings to the Secretary. Further, for such projects, it has on its
management board either Voting representation from the communities where the project is
located or has advised the communities that they have the right to petition the Secretary
concerning a proposed project.
10. Air and Water Quality Standards. In projects involving airport location, a major runway
extension, or runway location it will provide for the Governor of the state in which the
, project is located to certify in writing to the Secretary that the project will be located,.
designed, constructed, and operated so as to comply with applicable air and water quality
standards. In any case where such standards have not been approved and where
applicable air and water quality standards have been promulgated by the Administrator of
the Environmental Protection Agency, certification shall be obtained from such
Administrator. Notice of certification or refusal to certify shall be provided within sixty days
after the project application has been received by the Secretary.
11, Pavement Preventive Maintenance. With respect to a project approved after January 1,
1995, for the replacement or reconstruction of pavement at the airport, it assures or
certifies that it has implemented an effective airport pavement maintenance-management
.prOgrarti and it assures that it will use such program for the useful life of any pavement
constructed, reconstructed or repaired with Federal financial assistance at the airpörti It
will provide such reports on pavement condition, and pavement management programs as
the Secretary determines may be useful. . . • ..z .. •
•
Terminal Development Prerequisites. For projects Which include terminal development . , .
at a public use airport, as defined in Title 49 the date of submittal of the project
`.; - • '
grant application, all the safety equipment required for certification of such airport under
section 44706 of Title 49, United States Code, and all the security equipment required by
rule or regulation, and has provided for access to the passenger enplaning and deplaning
area of such airport to passengers enplaning and deplaning from aircraft other than air
carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the
amount and disposition by the recipient of the proceeds of the grant, the
• total cost of the project in connection with which the grant is given or
used, and the amount or nature of that portion of the cost of the project
supplied by other sources, and such other financial records pertinent to
the project. The accounts and records shall be kept in accordance with
• an accounting System that will facilitate an effective audit in accordance
with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of ,
the United States, or any of their duly authorized representatives, for the
purpose of audit and examination, any books, documents, papers, and
records of the recipient that are pertinent to the grant. The Secretary may
require that an appropriate audit be conducted by a recipient. In any case
in which an independent audit is made of the accounts of a sponsor
relating to the disposition of the proceeds of a grant or relating to the
project in connection with which the grant was given or used, it shall file a
certified copy of such audit with the Comptroller General of the United
States not later than six (6) months following the close of the fiscal year
for which the audit was made.
• 14. Minimum Wage Rates. It shall include, in all contracts in excess of S2,000 for work on
any projects funded under the grant agreement which involve labor, provisions
establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in
accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which
contractors shall pay to skilled and unskilled labor, and such minimum rates shall be
stated in the invitation for bids and shall be included in proposals or bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project funded
under the grant agreement which involve labor, such provisions as are necessary to insure
that, in the employment of labor (except in executive, administrative, and supervisory
. positions), preference shall be given to Veterans of the Vietnam era and disabled veterans
as defined in Section 47112 of Title 49, United States Code. However, this preference
shall apply only where the individuals are available and qualified to perform the work to
which the employment relates.
16. Conformity to Plans and SpecificatiOns. It will execute the project subject to plans,
specifications, and schedules approv'ed by the Secretary. Such plans, specifications, and
schedules shall be submitted to the Secretary prior to commencement of site preparation,
construction, or other performance under this grant agreement. and, upon approval of the
Secretary, shall be incorporated into this grant agreement. Any modification to the
• • approved plans, specifications, and schedules shall also be subject to approval of the •
. ". Secretary, and incorporated into the grant agreémefit.
• 17. Construttion InspeCtiän Approval. It will pro niide and maintain competent technical
supervision at the construction site throughout the pr.ajé.ct to assure that the work •
• conforms to the plans, specifications, and schedules approved by the Secretary.for .the
• • :.-" :.project .7 It shall subject thé.6oriSIr'UCtiCii-1.%;vork Ori .ehy Pr:616"dt contained in an approved
'project application to inspection and approval by the Secretary arid such work shall be in
•
• - . • :Page 6 Of 13
• • • •
accordance with regulations and procedures prescribed by the Secretary. Such
regulations and procedures shall require such cost and progress reporting by the sponsor
or sponsors of such project as the Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program
narrative contained in the project application or with the modifications
similarly approved.
b. It will furnish the Secretary with such periodic reports as required
pertaining to the planning project and planning work activities.
c. It will include in all published material prepared in connection with the
planning project a notice that the material was prepared under a grant.
provided by the United States.
d. It will make such material available for examination by the•public, and ,
agrees that no material prepared with funds under this project shall be
subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose,
distribute, and otherwise use any of the material prepared in connection
with this grant.
f. • It will grant the Secretary the right to disapprove the sponsor's
employment of specific consultants and their subcontractors to do all or
any part of this project as well as the right to disapprove the proposed
scope and cost of professional services.
It will grant the Secretary the right to disapprove the use of the sponsor's
employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project
• grant or the Secretary's approval of any planning material developed as
part of this grant does not constitute or imply any assurance or
commitment on the part of the Secretary to approve any pending or future
application for a Federal airport grant.
19. Operation and Maintenance.
g.
a. The airport and all facilities which are necessary to serve the aeronautical
users of the airport; other than facilities owned or controlled by the United
States, shall be operated at all times in a safe and serviceable condition
and in accordance with the minimum standards as may be required or
prescribed by applicable Federal, state and local agencies for
maintenance and,6peration. It will not cause or permit any activity or
action thereon which would interfere with its use for airport purposes. It
will suitably operate and maintain the airport and all facilities thereon or
• connected therewith, with due regard to climatic and flood conditions.
Any proposal to temporarily close the airport for non-aeronautical
• purposes must first be approved by the Secretary.
_ In furtherance of this assurance, the sponsor will have in effect
arrangements • - •
(1) Operating the airport's aeronautical facilities whenever
prothptly_mprking -.andlighting hazards resulting from airport
-.,-TconditiorAjnclyding temporary;conditions; and
e. Each air carrier using such airFiort (Whether as a tenant, nontenant, or
7 ;' subtenant Of another air Carrier tenant) shall be subject to such .
nondiscriminatory and -stibStiiti6lly comparable rules, regulations,
I • .
(3) Promptly notifying airmen of any condition affecting
aeronautical Use of the airport.
Nothing contained herein shall be construed to require that the airport be
operated for aeronautical use during temporary periods when snow, flood
or other climatic conditions interfere with such operation and
maintenance. Further, nothing herein shall be construed as requiring the
maintenance, repair, restoration, or replacement of any structure or facility
which is substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that
it owns or controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that such
terminal airspace as is required to protect instrument and visual operations to the airport
(including established minimum flight altitudes) will be adequately cleared and protected
by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing
airport hazards and by preventing the establishment or creation of future airport hazards.
21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including
the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate
vicinity of the airport to activities and purposes compatible with normal airport operations,
including landing and takeoff of aircraft. In addition, if the project is for noise compatibility
program implementation, it will not cause or permit any change in land use, within its
jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise
compatibility program measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable
terms and without unjust discrimination to all types, kinds and classes of
aeronautical activities, including commercial aeronautical activities
offering services to the public at the airport.
b. 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 to 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-
(1) furnish said services on a reasonable, and not unjustly discriminatory,
basis to all users thereof. and
(2) charge 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.
•
c. Each fixed-based-operator at the airport shall be subject to the same
rates, fees, rentals, and other charges as are uniformly applicable to all
other fixed-based operators making the same or similar uses of such
• airport and utilizing the same or similar facilities.
• • -
d2 EacKair carrier Lisifig such airpcirt shall have the right to service.itself or to
' use any-fixed-based .Operator that is authorized or permitted by the airport
to serve any air carrier et such airPOrt.
conditions, rates, fees, rentals, and other charges with respect to facilities
directly and substantially related to providing air transportation as are
applicable to all such air carriers which make similar use of such airport
and utilize,similar facilities, subject to reasonable classifications such as
tenants or nontenants and signatory carriers and nonsignatory carriers.
Classification or status as tenant or signatory shall not be unreasonably
withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such
classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent
any person, firm, or corporation operating aircraft on the airport from
performing any services on its own aircraft with its own employees
[including, but not limited to maintenance, repair, and fueling] that it may
choose to perform.
In the event the sponsor itself exercises any of the rights and privileges
referred to in this assurance, the services involved will be provided on the
same conditions as would apply to the furnishing of such services by
commercial aeronautical service providers authorized by the sponsor
under these provisions.
h. The sponsor may establish such reasonable, and not unjustly
discriminatory, conditions to be met by all users of the airport as may be
necessary for the safe and efficient operation of the airport.
The sponsor may prohibit or limit any given type, kind or class of
aeronautical use of the airport if such action is necessary for the safe
operation of the airport or necessary to serve the civil aviation needs of
the public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person
providing, or intending to provide, aeronautical services to the public. For purposes of this
paragraph, the providing of the services at an airport by a single fixed-based operator shall
not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than
• one fixed-based operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would
require the reduction of space leased pursuant to an existing agreement
between such single fixed-based operator and such airport.
It further agrees that it will not, either directly or indirectly, grant or permit any person, firm,
or corporation, the exclusive right at the airport to conduct any aeronautical activities,
• including, but not limited to charter flights, pilot training, aircraft rental and sightseeing,
aerial photography, crop dusting, aerial advertising and surveying, air carrier operations,
aircraft sales and services, sale of aviation petroleum products whether or not conducted
in conjunction with other aeronautical 'activity, repair and maintenance of aircraft, sale of
aircraft parts, and any other activities which because of their direct relationship to the
operation of aircraft can be regarded as an aeronautical activity, and that it will terminate
any exclusive right to conduct an aeronautical activity now existing at such an airport
before the grant of any assistance under Title 49, United States Code.
24, Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and
, services at the airport which wilt . make the airport as self-sustaining as possible under the
circumstances existing at the particular airport, taking into account such factors as the volume
. of traffic and econonv of collection. No part of the Federal share of an airport development,
airport .planning or noise compatibility project for whicha_grant is made under Title 49, United
States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or. the
9.
.9 of.13
Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing
fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel
established after December 30, 1987, will be expended by it for the capital or
operating costs of the airport; the local airport system; or other local facilities
which are owned or operated by the owner or operator of the airport and
which are directly and substantially related to the actual air transportation of
passengers or property; or for noise mitigation purposes on or off the airport.
Provided, however, that if covenants or assurances in debt obligations issued
before September 3, 1982, by the owner or operator of the airport, or
provisions enacted before September 3, 1982, in governing statutes
controlling the owner or operator's financing, provide for the use of the
revenues from any of the airport owner or operator's facilities, including the
airport, to support not only the airport but also the airport owner or operator's
general debt obligations or other facilities, then this limitation on the use of all
revenues generated by the airport (and, in the case of a public airport, local
taxes on aviation fuel) shall not apply.
b. As part of the annual audit required under the Single Audit Act of 1984, the
sponsor will direct that the audit will review, and the resulting audit report will
provide an opinion concerning, the use of airport revenue and taxes in
paragraph (a), and indicating whether funds paid or transferred to the owner
or operator are paid or transferred in a manner consistent with Title 49, United
States Code and any other applicable provision of law, including any
regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this
assurance in accOrdance with the provisions of Section 47107 of Title 49,
United States Code.
26. Reports and Inspections. It will:
a. submit to the Secretary such annual or special financial and operations
reports as the Secretary may reasonably request and make such reports
available to the public; make available to the public at reasonable times and
places a report of the airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and
documents affecting the airport, including deeds, leases, operation and use
agreements; regulations and other instruments, available for inspection by any
duly authorized agent .of the Secretary upon reasonable request;
c. for noisecompatibility program projects, make records and documents
relating to the project ?rid continued compliance with the terms, conditions,
and assurances of the grant agreement including deeds, leases, agreements,
regulations, and other instruments, available for inspection by any duly
authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary and
meke- available td the public following each of its fiscal years .,- an annual
report listing iri detail: 7 • -
(I) all arriouries'paid by the airport to any Other 'unit of ooVerhfrient and the
*".
purposes for Which each such payment was made.; and ,
2
Page10.of;13
••
.•
(ii) all services and property provided by the airport to other units of
government and the amount of compensation reeeived for provision of
each such service and property.
27. Use by Government Aircraft. It will make available all of the facilities of the airport
developed with Federal financial assistance and all those usable for landing and takeoff of
aircraft to the United States for use by Government aircraft in common with other aircraft
at all times without charge, except, if the use by Government aircraft is substantial, charge
may be made for a reasonable share, proportional to such use, for the cost of operating
and maintaining the facilities used. Unless otherwise determined by the Secretary, or
otherwise agreed to by the sponsor and the using agency, substantial use of an airport by
Government aircraft will be considered to exist when operations of such aircraft are in
excess of those which, in the opinion of the Secretary, would unduly interfere with use of
the landing areas by other authorized aircraft, or during any calendar month thet-
a. Five (5) or more Government aircraft are regularly based at the airport or
on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement)
of Government aircraft is 300 or more, or the gross accumulative weight of
Government aircraft using the airport (the total movement of Government
aircraft multiplied by gross weights of such aircraft) is in excess of five
million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use
in connection with any air traffic control or air navigation activities, or weather-reporting
and communication activities related to air traffic control, any areas of land or water, or
estate therein, or rights in buildings of the sponsor as the Secretary considers necessary
or desirable for construction, operation ., and maintenance at Federal expense of space or
facilities for such purposes. Such areas or any portion thereof will be made available as
provided herein within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at 211 times an airport layout plan of the airport
showing (1) boundaries of the airport and all proposed additions thereto,
together with the boundaries of all offsite areas owned or controlled by the
sponsor for airport purposes and proposed additions thereto; (2) the
location and nature of all existing and proposed airport facilities and
structures (such as runways, taxiways, aprons, terminal buildings,
hangars and roads), including all proposed extensions and reductions of
existing airport facilities; and (3) the location of all existing and proposed
nonaviation areas and of all existing improvements thereon. Such airport
layout plans and each amendment, revision, or modification thereof, shall
be subject to the approval of the Secretary which approval shall be
evidenced by the signature of a duly authorized representative of the
Secretary on the face of the airport layout plan. The sponsor will not
make or permit any changes or alterations in the airport or any of its
facilities which are riot in conformity with the airport layout plan as
approved by the. Secretary and which might, in the opinion of the
Secretary, adversely affect the safety, utility or efficiency - of the airport.
b. If a change or alteration in the airport or the facilities is made which the
- Secretary deterrnines .adverseli affects . the safety, utility, or efficiency of
any federallY Owned, leased, or funded property on or off the airport and
. -Which is riot ir confóraiity with the airPort layout plan as approved by the secretary, the owner or operator will, if requested, by the Secretary (1)
• 'elirninate such adverSe'effecl in ii;enner approved by the Secretary; or
(2)-beer .bll.desti of relocatiiig'sUCh'iiroperty (or replacement thereof) to a
ille.accél5table-td-th'Sé-c-Fetrj/ and all tints of restoring such property
.. Airport Assurances (9/99). •. ' Page 11 of 13
•••1..
•
(or replacement thereof) to the level of safety, utility, efficiency, and cost •
of operation existing before the unapproved change in the airport or its
facilities.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no person
shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be
excluded from participating in any activity conducted with or benefiting from funds received
from this grant. This assurance obligates the sponsor for the period during which Federal
financial assistance is extended to the program, except where Federal financial assistance
is to provide, or is in the form of personal property or real property or interest therein or
structures or improvements thereon in which case the assurance obligates the sponsor or
any transferee for the longer of the following periods: (a) the period during which the
property is used for a purpose for which Federal financial assistance is extended, or for
another purpose involving the provision of similar services or benefits, or (b) the period
during which the sponsor retains ownership or possession of the property. .
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes,
it will dispose of the land, when the land is no longer needed for such
purposes, at fair. market value, at the earliest practicable time. That
portion of the proceeds of such disposition which is proportionate to the
United States' share of acquisition of such land will, at the discretion of the
Secretary, 1) be paid to the Secretary for deposit in the Trust Fund, or 2)
be reinvested in an approved noise compatibility project as prescribed by
the Secretary.
b. (1) For land purchased under a grant for airport development purposes
(other than noise compatibility), it will, when the land is no longer needed
for airport purposes, dispose of such land at fair market value or make
available to the Secretary an amount equal to the United States'
proportionate share of the fair market value of the land. That portion of
the proceeds of such disposition which is proportionate to the United
States' share of the cost of acquisition of such land will, (a) upon
application to the Secretary, be reinvested in another eligible airport
improvement project or projects approved by the Secretary at that airport
or within the national airport system, or (b) be paid to the Secretary for
deposit in the Trust Fund if no eligible project exists.
(2) Land shall be considered to be needed for airport purposes under this
assurance if (a) it may be needed for aeronautical purposes (including
runway protection zones) or serve as noise buffer land, and (b) the '
revenue from interim uses of such land contributes to the financial self-
sufficiency of the airport. Further, land purchased with a grant received
by an airport operator or owner before December 31, 1987, will be
considered to be needed for airport purposes if the Secretary or Federal
agency making such' grant before December 31, 1987, was notified by the
operator or owne.r of the uses of such land, did not object to such use,
and the land continues to be used for that purpose. such use having
commenced no later than December 15, 1989.
Disposition of such land under ,(a) or (b) will be subject to the retention or
reservation of any interest or right therein necessary to ensure that such
land will only be used for purposes Which are compatible with noise levels - • associated with operation . of the airport.
.* ,32. Engineering and Design Services It will award each contract, or sub contract for
-program management, construction management planning studies feasibility stUdies,
architectural services, preliminary engineering engineering, surveying, mapping or
—Airport Assurances (9/99) 6,12 of 1 3
related services with respect to the project in the same manner as a contract for
architectural and engineering services is negotiated under Title IX of the Federal Property
and Administrative Services Act of 1949 or an equivalent qualifications-based requirement
prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions. It will not allow funds provided under this grant to be Used
to fund any project which uses any product or service of a foreign country during the
period in which such foreign country is listed by the United States Trade Representative
as denying fair and equitable market opportunities for products and suppliers of the United
States in procurement and construction.
34. Policies, Standards, and Specifications. It will carry out the project in accordance with
policies, standards, and specifications approved by the Secretary including but not limited
to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects,
dated 07/01/99 and included in this grant, and in accordance with applicable state policies,
standards, and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real
property, to the greatest extent practicable under State law, by the land acquisition policies
in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary
expenses as specified in Subpart B. (2) It will provide a relocation assistance program
offering the services described in Subpart C and fair and reasonable relocation payments
and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24.
(3) It will make available within a reasonable period of time prior to displacement,
comparable replacement dwellings to displaced persons in accordance with Subpart E of
49 CFR Part 24.
36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum
extent practicable, intercity buses or other modes of transportation to have access to the
airport, however, it has no obligation to fund special facilities for intercity buses or for other
modes of transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis
of race, color, national origin or sex in the award and performance of any DOT-assisted
contract or in the administration of its DBE program or the requirements of 49 CFR Part
26. The Recipient shall take afl necessary and reasonable steps under 49 CFR Part 26 to
ensure non discrimination in the award and administration of DOT-assisted contracts. The
recipient's DBE program, as required by 49 CFR Part 26, and as approved by 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).
•nn•
:.9/10/99
CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS
Updated on: 7/1/99
The following apply to both ATP and PFC Projects
NUMBER TITLE
70/7460-1J Obstruction Marking and Lighting
150/5000-13 Announcement of Availability--RTCA
Inc., Document RTCA-221, Guidance
and Recommended Requirements for
Airport Surface Movement Sensors
150/5210-5B Painting, Marking and Lighting of
Vehicles Used on an Airport
150/5210-7B Aircraft Fire and Rescue
Communications
150/5210-13A Water Rescue Plans, Facilities, and
Equipment
150/5210-14A Airport Fire and Rescue Personnel
Protective Clothing
150/5210-15 Airport Rescue & Firefighting Station
Building Design
150/5210-18 . Systems for Interactive Training of
Airport Personnel
• —150/5210-19 Driver's Enhanced Vision System
(DEVS)
150/5220-4B Water Supply Systems for Aircraft Fire
and Rescue Protection
150/5220-10B Guide Specification for Water/Foam
Type Aircraft Rescue and Firefighting
Vehicles
150/5220-13B Runway Surface Condition Sensor
Specification Guide
.9/10/99
150/5220-16B Automated Weather Observing Systems
for NonFederal Applications
150/5220-17A Design Standards for Aircraft Rescue
Firefighting Training Facilities
150/5220-18 Buildings for Storage and Maintenance
of Airport Snow and Ice Control
Equipment and Materials
150/5220-19 Guide Specification for Small,
Dual-Agent Aircraft Rescue and
. Firefighting Vehicles
150/5220-20 Airport Snow and Ice Control
CHG 1 Equipment
150/5220-21A Guide Specification for Lifts Used to
Board Airline Passengers With Mobility
Impairments
150/5300-13 • Airport Design
CHG 1, 2, 3, 4, 5
150/5300-14 Design of Aircraft Deicing Facilities
150/5320-5B • Airport Drainage
150/5320-6D Airport Pavement Design and Evaluation
150/5320-12C Measurement, Construction, and
Maintenance of Skid Resistant Airport
Pavement Surfaces
.. 150/5320-14 Airport Landscaping for Noise Control
Purposes
150/5320-16 Airport Pavement Design for the Boeing
777 Airplane
150/5325-4A ,/ Runway Length Requirements for
CHG 1 Airport Design
150/5340-1G Standards for Airport Markings
150/5340-4C Installation Details for Runway
CHG 1 & 2 Centerline Touchdown Zone Lighting
i Systems . .
' t
150/5340-5B Segmented Circle Airport Marker
CHG 1 System _
150/5340-14B Economy Approach Lighting Aids
CHG 1 & 2
150/5340-17B Standby Power for Non-FAA Airport
Lighting Systems _ _
150/5340-18C Standards for Airport Sign Systems
CHG 1
150/5340-19 Taxiway Centerline Lighting System
150/5340-21 Airport Miscellaneous Lighting Visual
Aids
150/5340-23B Supplemental Wind Cones
150/5340-24 Runway and Taxiway Edge Lighting
CHG 1 System
150/5340-27A • Air-to-Ground Radio Control of Airport
Lighting Systems
150/5345-3D Specification for L821 Panels for Remote
Control of Airport Lighting
150/5345-5A Circuit Selector Switch
150/5345-7D Specification for L824 Underground
CHG 1 S Electrical Cable for Airport Lighting
Circuits
150/5345-10E Specification for Constant Current
Regulators Regulator Monitors
150/5345-12C Specification for Airport and Heliport
Beacon
150/5345-13A Specification for L841 Auxiliary Relay .i
, Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345-26B Specification for L823 Plug and
CHG 1 & 2 Receptacle, Cable Connectors
150/5345-27C Specification for Wind Cone Assemblies
'4
't •
•
9/10/99
150/5345-28D . Precision Approach Path Indicator
CHG 1 (PAPI) Systems
150/5345-39B FAA Specification L853, Runway and
CHG 1 Taxiway Centerline Retroreflective
Markers
150/5345-42C Specification for Airport Light Bases,
CHG 1 Transformer Housings, Junction Boxes
and Accessories
150/5345-43E Specification for Obstruction Lighting
Equipment
150/5345-44F Specification for Taxiway and Runway
CHG 1 Signs
150/5345-45A Lightweight Approach Light Structure
150/5345-46A Specification for Runway and Taxiway
Light Fixtures
150/5345-47A Isolation Transformers for Airport
. Lighting Systems
150/5345-49A Specification L854, Radio Control
Equipment
150/5345-50 Specification for Portable Runway Lights
CHG 1
150/5345-51 Specification for Discharge-Type Flasher
CHG 1 Equipment
.- 150/5345-52 Generic Visual Glideslope Indicators .
.(GVGI)
150/5345-53A Airport Lighting Equipment Certification
(including addendum) , Program
150/5360-9 „: Planning and Design of Airport Terminal
Facilities at NonHub Locations
150/5360-12A Airport Signing & Graphics
150/5360-13 Planning and Design Guidance for
CHG 1 Airport Terminal Facilities
,
i Page 5 of 5 9/10/99
15015370-2C Operational Safety on Airports During
Construction
150/5370-10A Standards for Specifying Construction of
_ CHG 1, 2, 3, 4, 5, 6, 7, 8, 9 Airports
150/5390-2A Heliport Design
. 150/5390-3 Vertiport Design
The following apply to AIP Projects only
_ NUMBER TITLE
150/5100-14C Architectural, Engineering, and Planning
Consultant Services for Airport Grant
Projects
150/5200-30A Airport Winter Safety and Operations
CHG 1 & 2 .
150/5200-33 Hazardous Wildlife Attractants On or
Near Airports
150/5300-15 Use of Value Engineering for
. Engineering Design of Airport Grant
Projects
150/5370-11 Use of Nondestructive Testing Devices
CHG 1 in the Evaluation of Airport Pavements
150/5370-12 Quality Control of Construction for
. Airport Grant Projects .
._ . 150/5370-6B Construction Progress and Inspection
Report-Airport Grant Program
The following apply .to PFC Projects only
NUMBER TITLE
150/5000-12 Announcement of Availability -
Passenger Facility Charge (PFC)
, Application (FAA Form 5500-1)
n
•
APPENDIX F
SPECIAL CONDITIONS
(MANDATORY CONDITIONS TO BE IN ALL SUB-GRANTS)
1. RUNWAY PROTECTION ZONES The Sponsor agrees to take the follally§g actions to
maintain and/or acquire a property interest, satisfactory to tkoA4g the Runway
Protection Zones:
Existing Fee Title Interest in the Runway Protectio n" Z
ir The Sponsor agrees to prevent the erection or creationAt an
a.
one, 4rdepicted d
their functional eirP'47='s or any
structures or uses within the
NO unless approved by the
public assembly in the Runway Protectifin;,
Property Map, except for navaids that arq,
other structure approved by the FAA.
Runway Protection Zone will be cleareck
FAA.
totectiori
infaecessar
b. Existing Easement Interest in t
The Sponsor agrees to take
the land within the designat
in the Runway Protection 1Zone
create glare or misleading ugh
handling and stor*rfadilitie
assembly, such at Ourche -A
stadiums. A
ensure that the owner of
6 will not build any structure
is a hazard to navigation or which might
r lead t,d'. the construction of residences, fuel
'moke generating activities, or places of public
ool_s,Affice buildings, shopping centers, and
2.
condlit
in accorilt
this rmtttqr:k
rthis agrO:'
kMat% :TY Approval of the project included in this agreement is
Sponsor compliance with applicable air and water quality standards
oject eolittr"4"c• n and in operating the airport. Failure to comply with
suit iMpension, cancellation, or termination of federal assistance
BUY AMERICAN'WQUIREMENT Unless otherwise approved by the FAA, the
Sponsor will nolquire or permit any contractor or subcontractor to acquire any steel or
manufactured Abducts produced outside the United States to be used for any project for
Mtairport develtdrinent or noise compatibility for which funds are provided under this grant. 131%. will include in every contract a provision implementing this special condition.
Wis1S-TE DISPOSAL SITES It is hereby agreed by and between the parties hereto that,
within its authority, the Sponsor will not approve or permit the establishment or existence
of a waste disposal site which has been determined to be objectionable under the provisions
of FAA Order 5200.5A, dated January 31, 1990, entitled "Waste Disposal Sites On or
Near Airports."
1
5. OPEN BIDDING The Sponsor agrees not to include in any bid specification, project
agreement, or other controlling documents to perform construction activities under this
grant, any provisions which would:
a. Require bidders, offerors, contractors, or subcontractors to enter into or adhere to
agreements with one or more labor organizations, on the same •,qtt her related
construction project(s), or
b. Otherwise discriminate against bidders, offerdrOcon . r bcontractors for
refusing to become or remain signatories Ai,%therwise g:* -;,LA:Keements w",?
icons.;•7,m•4.. one or more labor organizations, on t,,h same ora,..0 er •
project(s), or
Require any bidder, offeror, contractor, or subcontractor to enter into, adhere to,
or enforce any agreement that re quires as a condition of
employment, to:
become members of or
(2) pay dues or fees to Anbor
excess of the e oyee's
collective bargaining, co
The Sponsor further agrees
not include af.* similar pr Agmev* hove in their contracts or s
EMANAGEMENT PROGRAM (PGL 95-21 For a project
anstruct iiiiiit:Pät the airport, the Sponsor shall implement an effective
maintenance program as is required b y airport Sponsor Assurance
1. The ponsor shall use such program for the useful life of an y pavement
'1,44 reCOLI$Ott ed, or repaired with federal financial assistance at the airport. As
the program must conform with the provisions outlined below:
Pavement Maintenance Management Program
n effective pavement maintenance management program is one that details the procedures
followed to assure that proper pavement maintenance, both preventive and repair,
-SNP ormed. An airport sponsor may use any form of inspection program it deems
appropriate. The pro gram must, as a minimum, include the followin g :
a. Pavement Inventory. The following must be depicted in an appropriate form and
level of detail:
C.
(1)
orET `iatiotntiv'eiran employee's objection, in -,464w •• Share of labor organization costs relating to
act administration, or grievance adjustment.
nt
uire.Wcontractor or subcontractor to agree to
ith would violate paragraphs a through c
Cts pertaining to the projects under this grant.
6. PA *Am to replac
airPq 12..1
Nufffer C-1
Instructed,
a minimum,
2
(2) Drive-By Inspection. A driy.kb
of once per month to det
rformed a minimum
e pavement condition.
spection in
Ae4 change k: -7,
(1) location of all runways, taxiways, and aprons;
(2) dimensions;
(3) type of pavement, and;
(4) year of construction or most recent major rehabilitation.
For compliance with the Airport Improvement Program (AIP) assurances,
pavements that have been constructed, reconstructed, or repairlqt ith federal
financial assistance shall be so depicted.
b. Inspection Schedule.
(1) Detailed Inspection. A detailed inspection lea 4 'ce
a year. If a history of recorded 04emen4tOgerioratioriliVallittri.e.,
Pavement Condition Index (PCI)*(15):* set forth in ircular
150/5380-6, "Guidelines and Procedures for Maintenance of Airport
Pavements," the frequency of inspOtt*Wt ts extended t three years.
Record Keeping. Completenformafpn'On .15#411fgs of all detailed inspections c.
and on the maintenanc- -rfonn,-,V must%litiecbrded and kept on file for a
minimum of five yearttthe typ,v,'z ,;'•f distress, their locations, and remedial action,
scheduled or performed; mus documented. The minimum information to be
listed below:
in
locá
filed or performed.
For dri
must be r
ections, the date of inspection and any maintenance performed
Informatilin Retrieval. An airport sponsor may use any form of record keeping
it deem *appropriate, so long as the information and records produced by the
pay -nt survey can be retrieved to provide a report to the FAA as may be
cit red.
Reference. Refer to Advisory Circular 150/5380-6, "Guidelines and Procedures
for Maintenance of Airport Pavements," for specific guidelines and procedures for
maintaining airport pavements and establishing an effective maintenance program.
Specific types of distress, their probable causes, inspection guidelines, and
recommended methods of repair are presented.
3
7. PROGRAM INCOME FROM LAND It agrees that all program income produced from
real property purchased in part with federal funds in this grant received during the grant
period shall be deducted from the total cost of that project for determining the net costs on
which the maximum United States obligation will be based. Airport fiscal and accounting
records shall clearly identify actual sources and uses of these funds.
8. REVENUE FROM REAL PROPERTY - LAND IN PROJECT The Spo, Fi i . agrees that
all net revenues produced from real property purchased in part :, h f- •f funds in this
grant shall be used on the airport for airport planning. h , ve.lopm -7V f= rating expenses, ' except that all income from real property purchased sed lik,ripise :;:ar:pi; purposes or for
future aeronautical use as indicated on Ex if "44Or this grjOripar;.• -‘ Airport . ,:a7
Airway Improvement Act of 1982. Income from noiseor fig,' V- uss :4•1'0,tat4,1 ay v;cos'- se
used for the Sponsor's matching share of any airpo41-,r,rarlAirport fis '1.1101NYtg' ting
records shall clearly identify actual sources andipses!fifiese funds.
4
FISCAL NOTE (Misc. #00137) June 15, 2000
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: CENTRAL SERVICES - AVIATION DIVISION 2000 GRANT PROGRAM
ACCEPTANCE - PURCHASE OF NEW HUDSON AIRPORT
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. The resolution authorizes a grant contract for the
acquisition of the New Hudson Airport.
2. The County is in receipt of a Michigan Department of
Transportation Grant Contract for Federal Funds in the
maximum obligation of $2,479,000 and state funds in the
amount of $1,085,000.
3. The project requires a local grant match of $186,000, which
is available in the airport fund balance.
4. The acceptance of the grant will not exceed $3,750,000.
5. The FY 2000 Oakland County International Airport budget
should be amended, as specified below, to recognize the
revenues and expenses in the Airport Fund:
Airport Fund Revenue
13-581-131001-00050-0113 Grants - Federal
13-581-131001-00050-0171 Grants - State
13-581-131001-00050-1582 Prior Years Balance
Airport Fund Expenses
13-581-137201-00050-3400 Purchase of Land
13-581-137201-00050-3196 Grant Match
13-581-137201-00050-3196 Estimated Profit/Loss
FY 2000
$2,479,000
1,085,000
186,000
$3,750,000
$3,750,000
186,000
( 186,000)
$3,750,000
0
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Coleman and Millard
absent.
•
1
Resolution #00137 June 15, 2000
Moved by Colasanti supported by Jensen the resolutions on the
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Appel, Buckley, Causey-Mitchell, Colasanti, Coleman, Dingeldey,
Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson,
Melton, Millard, Moffitt, Obrecht, Palmer, Schmid, Sever, Suarez, Taub, Amos.
(24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolutions on the
Consent Agenda were adopted (with accompanying reports accepted).
HE FOLIEGOIN7rSyTION
6 c,
Date
I HER B AP.°: • 4:1-
/
L Brooks Patterson, .,;ounty Executive
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the
foregoing resolution is a true and accurate copy of a resolution adopted by the
Oakland County Board of Commissioners on June 15, 2000 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 lth dqe of June, 2000.
. William Caddell, County Clerk