HomeMy WebLinkAboutResolutions - 2001.10.25 - 26620ir
October 25, 2001
REPORT (mISC #01273)
BY: PLANNING & BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON
RE: CENTRAL SERVICES — OAKLAND COUNTY INTERNATIONAL AIRPORT — 2001
GRANT PROGRAM ACCEPTANCE — LAND ACQUISITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above referenced resolution on
October 16, 2001, recommends the resolution be adopted.
Chairperson, on behalf of the Planning & Building Committee, I move the acceptance of the
foregoing report.
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PLANNING & BUILIarsTG—COMMITTEE
Planning & Building Committee Vote:
Motion carried on unanimous roll call vote with Melton and Sever absent.
MISCELLANEOUS RESOLUTION #01273 October 25, 2001
BY: General Government Committee - William R. Patterson, Chairperson
IN RE: CENTRAL SERVICES - OAKLAND COUNTY INTERNATIONAL AIRPORT -
2001 GRANT PROGRAM ACCEPTANCE - LAND ACQUISITION
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. G-26-0079-2901, for Federal funds in
a maximum obligation of $1,500,000, for the development and improvement of
Oakland County International Airport; and
WHEREAS the project consists of acquisition of approximately 11.94 acres
and 6 homes; 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 development project as offered and approved by the Michigan
Department of Transportation and Federal Aviation Administration requires a local
grant match of $166,667, 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. 495098, 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 $1,666,667.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of
Commissioners 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
GENERAL GOVERNMENT COMMITTEE
Motion carried unanimously on a roll call vote with Law absent.
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RECEIVED
OCT 1 0 2001
Corporation Counsel
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CONTRACT NO. 2001-1009
FEDERAL PROJECT NO. G-26-0079-2901
AGENDA: DAB
CONTRACT FOR A FEDERAL/STATE/LOCAL
AIRPORT PROJECT
UNDER THE BLOCK GRANT PROGRAM
This Contract is made and entered into this date of by and between
the Michigan Department of Transportation, hereinafter referred to as the "DEPARTMENT," and
Oakland County Board of Commissioners, hereinafter referred to as the "SPONSOR," for the
purpose of fixing the rights and obligations of the parties in agreeing to the following undertaking
at the Oakland County International Airport, whose associated city is Pontiac, Michigan, such
undertaking hereinafter referred to as the "PROJECT," estimated in detail in Exhibit 1, dated
September 24, 2001, attached hereto and made a part hereof.
PROJECT DESCRIPTION: Land acquisition, relocation, and demolition of the parcels (up
to 8 maximum) located within the 70 Day-Night Equivalent Sound Level (DNL) for noise
mitigation including consultant fees.
WITNESSETH:
WHEREAS, the PROJECT is eligible for federal funding pursuant to the Airport and Airway
Improvement Act of 1982, as amended, and/or the Aviation Safety and Noise Abatement Act of
1979; and •
WHEREAS, the DEPARTMENT has received a block grant from the Federal Aviation
Administration (FAA) for airport development projects; and
WHEREAS, the DEPARTMENT is responsible for the allocation and management of block grant
funds pursuant to the above noted act.
NOW, THEREFORE, the parties agree:
1. The term "PROJECT COST," as herein used, is defined in Attachment(s) 3 attached hereto
and made a part hereof. PROJECT COST will also-include administrative costs incurred-by
I 0/2/0 1 1 PUBLICBLOCKGRANTV6
the DEPARTMENT in connection with the PROJECT. Administrative costs incurred by the
SPONSOR are not eligible PROJECT COSTS.
THE SPONSOR WILL:
2. Enter into a contract with a consultant for each element of the PROJECT that requires such
expertise. The consultant will be selected in conformity with FAA Advisory Circular
150/5100-14. The DEPARTMENT will select the consultant for each element of the
PROJECT involving preparation of environmental documentation. The SPONSOR will
select the consultant for all other aspects. All consultant contracts will be submitted to the
DEPARTMENT for review and approval. Any such approvals will not be construed as a
warranty of the consultant's qualifications, professional standing, ability to perform the work
being subcontracted, or financial integrity. The SPONSOR will neither award a consultant
contract nor authorize the consultant to proceed prior to receiving written approval of the
contract from the DEPARTMENT. Any change to the consultant contract requires prior
written approval from the DEPARTMENT. In the event the consultant contract is terminated,
the DEPARTMENT will be given immediate written notice by the SPONSOR.
3. Make payment to the DEPARTMENT for the SPONSOR'S share of the PROJECT COSTS
within thirty (30) days of the billing date. The DEPARTMENT will not make payments for
any PROJECT 'Work prior to receipt of payment from the SPONSOR for the SPONSOR'S
share of that item of the PROJECT work.
Eligible PROJECT COSTS that are paid by the SPONSOR may be submitted for credit
toward the SPONSOR'S share of the PROJECT COST provided it is submitted within one
hundred eighty (180) days of the date the costs were incurred or one hundred eighty (180)
days of award by both parties of this Contract, whichever is later. Documentation ofpayment
of PROJECT COST will include copies of the invoices and copies of both sides of the
canceled checks. The amount of the SPONSOR billing will be reduced by the amount of the
eligible credit, based on documentation submitted, provided it is submitted prior to the date
of the billing. Should it be determined that the SPONSOR has been given credit for payment
of ineligible items of work, the SPONSOR will be billed an amount to insure that the
SPONSOR share of PROJECT COSTS is covered.
The SPONSOR pledges sufficient funds to meet its obligations.
4. With regard to audits and record-keeping,
a. The SPONSOR will establish and maintain accurate records, in accordance with
generally accepted accounting principles, of all expenses incurred for which payment
is sought or made under this Contract, said records to be hereinafter referred to as the
"RECORDS." Separate accounts will be established and maintained for -all-costs
incurred under this Contract.
10/2/01 2 PUBLICBLOCKGRANT v6
b. Audit and Inspection. The SPONSOR will comply with the Single Audit Act of
1984, as amended, including, but not limited to, the Single Audit Amendments of
1996 (31 US.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 this Contract,
the SPONSOR will thereafter continue to maintain the RECORDS at least until that
dispute has been finally decided and the time for all available challenges or appeals
of that decision has expired.
d. The DEPARTMENT or its representative may inspect, copy, or audit the RECORDS
at any reasonable time after giving reasonable notice.
e. If any part of the work is subcontracted, the SPONSOR will assure compliance with
subsections (a), (b), (c), and (d) above for all subcontracted work.
5. Provide and wills require its subcontractors to provide access by the DEPARTMENT or its
representatives to all technical data, accounting records, reports, and documents pertaining
to this Contract. Copies of technical data, reports, and other documents will be provided by
the SPONSOR or its subcontractors to the DEPARTMENT upon request. The SPONSOR
agrees to permit representatives of the DEPARTMENT to inspect the progress of all
PROJECT work at any reasonable time. Such inspections are for the exclusive use of the
DEPARTMENT and are not intended to relieve or negate any of the SPONSOR'S
obligations and duties contained in this Contract. All technical data, reports, and documents
will be maintained for a period of six (6) years from the date of final payment.
The SPONSOR agrees to require all prime contractors to pay each subcontractor for the
satisfactory completion of work associated with the subcontract no later than ten (10)
calendar days from the receipt of each payment the PRIME CONTRACTOR receives from
the DEPARTMENT or SPONSOR. The PRIME CONTRACTOR also is required to return
retainage payments to each subcontractor within ten (10) calendar days after the
subcontractor's work is satisfactorily completed. Any delay or postponement of payment
from these time frames may occur only upon receipt of written approval from the
DEPARTMENT. These requirements are also applicable to all sub-tier subcontractors and
will be made a part of all subcontract agreements.
This prompt payment language is a requirement of 49 CFR, Part 26.29, and does not confer
third-party beneficiary right or other direct right to a subcontractor against—the
DEPARTMENT. This provision applies to both DBE and non-DBE subcontractors.
-1012/01 3 PUBLICBLOCKGRANT V6
The SPONSOR further agrees to require all prime contractors to comply with 49 CFR, Part
26.37, and will report any and all DBE subcontractor payments to the DEPARTMENT with
each billing and within twenty (20 ) days of the receipt of final payment for services
performed under this Agreement in the format set forth in Appendix G, dated June 1, 2001,
attached hereto and made a part hereof, or any other format acceptable to the
DEPARTMENT.
7. In the performance of the PROJECT herein enumerated, by itself, by a subcontractor, or by
anyone acting on its behalf, agree that it will comply with any and all state, federal, and local
applicable statutes, ordinances, and regulations. The SPONSOR further agrees to obtain all
permits that are applicable to the entry into and the performance of this Contract.
In addition, the SPONSOR agrees to comply with the assurances contained in Appendix E
(PP-A-1) and the Special Conditions set forth in Appendix F, attached hereto and made apart
hereof.
THE DEPARTMENT WILL:
8. Bill the SPONSOR for the SPONSOR'S share of estimated PROJECT COST. The
DEPARTMENT will bill the SPONSOR for the SPONSOR'S share of additional estimated
PROJECT COSTS for changes approved in accordance with Section 14 at the time of award
of the amendment for approved work.
9. Upon receipt of payment request approved by the SPONSOR, make payment for eligible
PROJECT COSTS. The DEPARTMENT will seek reimbursement from the FAA through
the block grant issued to the DEPARTMENT for funds expended on eligible PROJECT
COSTS.
The DEPARTMENT will not make payments for any PROJECT work prior to receipt of
payment from the SPONSOR for the SPONSOR'S share of that item of PROJECT work.
10. Make final accounting to the SPONSOR upon completion of the PROJECT, payment of all
PROJECT COSTS, and completion of necessary audits. Any excesses or deficiencies will
be returned or billed to the SPONSOR.
4 PUBLICBLOCKGRANT v6 10/2/01
IT IS FURTHER AGREED:
11. The PROJECT COST participation is estimated to be as shown below and as in the attached
Exhibit 1. Exhibit 1 is to be considered an estimate. The actual DEPARTMENT, FAA, and
SPONSOR shares of the PROJECT COST will be determined at the time of financial closure
of the FAA grant.
Federal share $1,500,000
Maximum DEPARTMENT share 0
SPONSOR share • 166,667
Estimated PROJECT COST $1,666,667
12. The PROJECT COST will be met in part with federal funds granted to the DEPARTMENT
by the FAA through the block grant program and in part with DEPARTMENT funds. Upon
final settlement of cost, the federal funds will be applied to the federally funded parts of this
contract at a rate not to exceed ninety percent (90%) up to and not to exceed the maximum
federal obligations shown in Section 11 or as revised in the Budget Letter discussed in
Section 14. Those parts beyond the federal funding maximum are eligible for state funds at
90% up to and not to exceed the maximum Department obligation.
Portions of the project where only DEPARTMENT and SPONSOR funds will be applied to
the final settlement with DEPARTMENT funds at a not to exceed rate of ninety percent
(90%). The total DEPARTMENT funds applied toward the PROJECT COST can be up to
but not exceed the maximum DEPARTMENT Obligations shown in Section 11 or as revised
in the Budget Letter discussed in Section 14. Any items of PROJECT COST not funded by
the FAA or DEPARTMENT funds will be the sole responsibility of the SPONSOR.
13. The SPONSOR agrees that the costs reported to the DEPARTMENT for this Contract will
represent only those items that are properly chargeable in accordance with this Contract. The
SPONSOR also certifies that is has read the contract terms and has made itself aware of the
applicable laws, regulations, and terms of this Contract that apply to the reporting of costs
incurred under the terms of this Contract.
14. The PROJECT COST shown in Section 11 is the maximum obligation of DEPARTMENT
and federal funds under this Contract. The maximum obligation of DEPARTMENT and
federal funds may be adjusted to an amount less than the maximums shown in Section 11
through a budget letter issued by the DEPARTMENT. A Budget Letter will be used when
updated cost estimates for the PROJECT reflect a change in the amount of funds needed to
fund all PROJECT COSTS. The Budget Letter will be signed by the Administrator of
Airport Development Division of the Bureau of Aeronautics.
A Budget Letter will also be used to add or delete work items from the PROJECT
description, provided the costs do not exceed the maximum obligations of Section 11. If the
I 0/2/0 I 5 PUBLICBLOCKGRANT v6
total amount of PROJECT COSTS exceeds the maximum obligations shown in Section 11,
the PROJECT scope will have to be reduced or a written amendment to this Contract to
provide additional funds will have to be awarded by both parties before the work is started.
15. In the event it is determined by the DEPARTMENT that there will be either insufficient
funds or insufficient time to properly administer such funds for the entire PROJECT or
portions thereof, the DEPARTMENT, prior to advertising or authorizing work performance,
may cancel the PROJECT or any portion thereof by giving written notice to the SPONSOR.
In the event this occurs, this Contract will be void and of no effect with respect to the
canceled portion of the PROJECT. Any SPONSOR deposits on the canceled portion less
PROJECT COST incurred on the canceled portions will be refunded following receipt of a
letter from the SPONSOR requesting excess funds be returned or at the time of financial
closure, whichever comes first.
The DEPARTMENT will not participate in PROJECT COST incurred on canceled portions
of the PROJECT, and Sections 11 and 12 will not be construed to require the
DEPARTMENT'S participation in the canceled portion(s).
Reimbursement of any costs pursuant to this Section will not constitute an final
determination by the DEPARTMENT of the allowability of such costs and will not constitute
a waiver by the DEPARTMENT of any violation of the terms and conditions of this Contract
committed by the SPONSOR.
16. In the event that an audit performed by or on behalf of the DEPARTMENT indicates an
adjustment to the costs reported under this Contract or questions the allowability of an item
of expense, the DEPARTMENT will promptly submit to the SPONSOR a Notice of Audit
Results and a copy of the audit report, which may supplement or modify any tentative
findings verbally communicated to the SPONSOR at the completion of an audit.
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
with the requirements of the federal Office of Management and Budget (OMB)
Circular A-133, as revised or amended.
The SPONSOR will submit two (2) copies of:
- The Reporting Package
- The Data Collection Package
- The management letter to the SPONSOR, if one issued by the audit firm
The OMB Circular A-133 audit must be submitted to the address below in
accordance with the time frame established in the circular, as revised or amended.
10/2/01 6 PUBLICBLOCKGRANT V6
b. Agencies expending less than Three Hundred Thousand Dollars ($300,000.00) in
federal funds must submit a letter to the DEPARTMENT advising that a circular
audit was not required. The letter will indicate the applicable fiscal year, the amount
of federal funds spent, the name(s) of the DEPARTMENT federal programs, and the
CFDA grant number(s). This information must also be submitted to the address
below.
c. Address:
Michigan Department of Transportation
Bureau of Aeronautics
2700 East Airport Service Drive
Capital City Airport
Lansing, MI 48906-2060
d. Agencies must also comply with applicable State laws and regulations relative to
audit requirements.
e. Agencies will not charge audit costs to the DEPARTMENT'S federal programs that
are not in accordance with the aforementioned OMB Circular A-133 requirements.
f. All agencies are subject to the federally-required monitoring activities, which may
include limited scope reviews and other on-site monitoring.
The federal award associated with this agreement is CFDA Airport Improvement
Program number 20.106, Federal Project Number G-26-0079-2901, award year 2001,
Federal Aviation Administration, Department of Transportation.
17. Within sixty (60) days after the date of the Notice of Audit Results, the SPONSOR will (a)
respond in writing to the responsible BUREAU of the DEPARTMENT indicating whether
or not it concurs with the audit report, (b) clearly explain the nature and basis for any
disagreement as to a disallowed item of expense, and (c) submit to the DEPARTMENT a
written explanation as to any questioned or no opinion expressed item of expense, hereinafter
referred to as the "RESPONSE." The RESPONSE will be clearly stated and will provide any
supporting documentation necessary to resolve any disagreement or questioned or no opinion
expressed item of expense. Where the documentation is voluminous, the SPONSOR may
supply appropriate excerpts and make alternate arrangements to conveniently and reasonably
make that documentation available for review by the DEPARTMENT. The RESPONSE will
refer to and apply the language of the contract. The SPONSOR agrees that failure to submit
a RESPONSE within the sixty (60) day period constitutes agreement with any disallowance
of an item of expense and authorizes the DEPARTMENT to finally disallow any items of
questioned or no opinion expressed cost.
The DEPARTMENT will make its decision with regard to any Notice of Audit Results and
RESPONSE within one hundred twenty (120) days after the date of the Notice of Audit
g.
10/2101 7 PUBLICBLOCKGRANT v6
Results. If the DEPARTMENT determines that an overpayment has been made to the
SPONSOR, the SPONSOR will repay that amount to the DEPARTMENT or reach
agreement with the DEPARTMENT on a repayment schedule within thirty (30) days after
the date of an invoice from the DEPARTMENT. If the SPONSOR fails to repay the
overpayment or reach agreement with the DEPARTMENT on a repayment schedule within
the thirty (30) day period, the SPONSOR agrees that the DEPARTMENT will deduct all or
a portion of the overpayment from any funds then or thereafter payable by the
DEPARTMENT to the SPONSOR under this Contract or any other agreement or payable
to the SPONSOR under the terms of 1951 PA 51, as applicable. Interest will be assessed on
any partial payments or repayment schedules based on the unpaid balance at the end of each
month until the balance is paid in full. The assessment of interest will begin thirty (30) days
from the date of the invoice. The rate of interest will be based on the Michigan Department
of Treasury common cash funds interest earnings. The rate of interest will be reviewed
annually by the DEPARTMENT and adjusted as necessary based on the Michigan
Department of Treasury common cash funds interest earnings. The SPONSOR expressly
consents to this withholding or offsetting of funds under those circumstances, reserving the
right to file a lawsuit in the Court of Claims to contest the DEPARTMENT'S decision only
as to any item of expense the disallowance of which was disputed by the SPONSOR in a
timely filed RESPONSE.
18. This Contract will be in effect for a period of thirty six (36) months from the date of award.
19. Failure on the part of the SPONSOR to comply with any of the conditions in this Contract
may be considered cause for placing the SPONSOR in a state of noncompliance, thereby
making the SPONSOR ineligible for future federal and/or state funds until such time as the
noncompliance issues are resolved. In addition, this failure may constitute grounds for
cancellation of the PROJECT and/or repayment of all grant amounts on a pro rata basis, if
the PROJECT has begun. In this Section, pro rata means proration of the cost of the
PROJECT over twenty (20) years, if the PROJECT has not yet begun.
20. 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
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 propriety of the
SPONSOR'S performance, but are undertaken for the sole use and information of the
DEPARTMENT.
8 PUBLICBLOCKGRANT v6
21. In connection with the performance of PROJECT work under. this Contract, the parties
(hereinafter in Appendix A referred to as the "contractor") agree to comply with the State of
Michigan provisions for "Prohibition of Discrimination in State Contracts," as set forth in
Appendix A, attached hereto and made a part hereof. The parties further covenant that they
will comply with the Civil Rights Act of 1964, being P.L. 88-352, 78 Stat. 241, and the
Regulations of the United States Department of Transportation (49 CFR, Part 21) issued
pursuant to said Act, including Appendix B, attached hereto and made apart hereof, and will
require similar covenants on the part of any contractor or subcontractor employed in the
performance of this Contract.
The SPONSOR will carry out the applicable requirements of the DEPARTMENT'S
Disadvantaged Business Enterprise (DBE) program and 49 CFR Part 26, including, but not
limited to, those requirements set forth in Appendix C, attached hereto and made a part
hereof.
22. In accordance with 1980 PA 278; MCL 423.321 et seq; MSA 17.458(22), et se_q, the
SPONSOR, in the performance of this Contract, will not enter into a contract with a
subcontractor, manufacturer, or supplier listed in the register maintained by the State of
Michigan, Department of Labor, of employers who have been found in contempt of court by
a FAA court of appeals on not less than three (3) occasions involving different violations
during the preceding seven (7) years for failure to correct an unfair labor practice, as
prohibited by Section 8 of Chapter 372 of the National Labor Relations Act, 29 U.S.C. 158.
The DEPARTMENT may void this Contract if the name of the SPONSOR or the name of
a subcontractor, manufacturer, or supplier utilized by the SPONSOR in the performance of
this Contract subsequently appears in the register during the performance period of this
Contract.
23. All software used by the SPONSOR in the performance of services for the DEPARTMENT
under this Contract, either for sale or license to the DEPARTMENT and used by the
DEPARTMENT prior to, during, or after the calendar year 2000, includes or will include,
at no added 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,
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
structures, (databases, data files, etc.) that provide 4-digit date century; stored data -that
contain date century recognition, including, but not limited to, data stored in databases and
9 PUBUCBLOCKGRANT v6 • 10/2/01
hardware device internal system dates; calculations and program logic (e.g., sort algorithms,
calendar generation, event recognition, and all processing actions that use or produce date
values) that accommodates same century and multi-century formulas and date values;
interfaces that supply data to and receive data from other systems or organizations that
prevent noncompliant dates and data from entering any State system; user interfaces (i.e.,
screens, reports, etc.) that accurately show 4-digit years; and assurance that the year 2000
will be correctly treated as a leap year within all calculation and calendar logic.
24. In any instance of dispute and/or litigation concerning the PROJECT, the resolution thereof
will be the sole responsibility of the parties to the contract that is the subject of the
controversy. It is understood and agreed that any legal representation of the SPONSOR in
any dispute and/or litigation will be the financial responsibility of the SPONSOR.
25. The DEPARTMENT and the FAA will not be subject to any obligations or liabilities by
contractors of the SPONSOR or their subcontractors or any other person not a party to this
Contract without its specific consent and notwithstanding its concurrence in or approval of
the award of any contract or subcontract or the solicitation thereof.
26. Each party to this Contract will remain responsible for any claims arising out of that party's
performance of this Contract as provided by this Contract or by law.
This Contract is not intended to increase or decrease either party's liability for or immunity
from tort claims.
This Contract is not intended to nor will it be interpreted as giving either party a right of
indemnification, either by Contract or at law, for claims arising out of the performance of
this Contract.
1 0/2/0 1 10 PUBLICBLOCKGRANT v6
27. In case of any discrepancies between the body of this Contract and any Exhibit hereto, the
body of the contract will govern.
28. This Contract 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.
IN WITNESS WHEREOF, the parties have caused this Contract to be awarded.
OAKLAND COUNTY BOARD OF COMMISSIONERS
By:
Title:
MICHIGAN DEPARTMENT OF TRANSPORTATION
By:
Title: Department Director
10/2/01 11 PUB LICBLOCKGRANT V6
ADMINISTRATION
DEPARTMENT-AERO
$0 $0 $0 $0
$0 $0 $0 $0
EXHIBIT 1
OAKLAND COUNTY INTERNATIONAL AIRPORT
PONTIAC, MICHIGAN
Project No. G-26-0079-2901
Contract No. FM 63-01-LAND
24-Sep-01
Federal State Local Total
$2,700 $0 $300 $3,000
$2,700 $0 . $300 $3,000
LAND $1,497,300 $0 $166,367 $1,663,667
Acquisition $1,257,000 $0 $139,667 $1,396,667
Consultant Fees $64,800 $0 $7,200 $72,000
Relocation $121,500 $0 $13,500 $135,000 . Demolition $54,000 $0 $6,000 $60,000
ENGINEERING $0 $0 $0 $0
$0 $0 $0 $0
CONSTRUCTION $0 $0 $0 $0
$0 $0 $0 $0
CONTINGENCIES
Funding Contingencies
TOTAL PROJECT BUDGET $1,500,000 $166,667 $1,666,667
l'age Na. 1 or 2
Date: September 20. 2001 2:20pm
Preparer: Tess
Report No: Preliminary #1
LAND ACQUISITION PAYMENT SUMMARY
(This document is for land acquisition estimates only and not for public distribution.)
Acres: 11.94
Consultant: Jlt Group LIC
Project Description: Jonquil/Tubbs Streets located in
70 ONI. Noise Mitigation
Airport: Oakland Counts' International Airport
ronirftel !N?el ,001. tinted irvniro
Location: Waterford. Michigan Project No.: G-26-0079-2901
Total Grant Amount: S1,666.667
Percentage: 90%
(Federal-S1.500,000 / State-0.00 / Local-5166,6(
I Consultant Costs ,.
All, Closing Costs Demolition/. Net • Eligible•• Parcel Acreage Previous Owner Appraised Date Acquisition Relocation • Salvage . : ,.. . Land .. Costs . ..,..; Rents
Appra
*.
isal ' Consultant No. . • Value Acquired Cost Costs' Costs • .., .;•": ; Costs " • • ..., To Date ':: :-.,':.: Received.;
Cost Costs ' •
.I Property Incidental . .
. . .
. ' . Taxes Expenses Total Cost • • • . •
266 .68 Lisac. M. A 227.000.00 A 2.000.00 A1.000.00 230,000.00 A 2A00.00 A 10.000.00 A22,500.00 A 10.000.00 274,500.00 274,500.00 .,_---
272 .83 LeMarbe. R. A 198.000.00 A 2.000.00 A 1,000.00 201.000.00 A2.000.00 A 10,000.00 A 22.500.00 A 10.000.00 245,500.00 245,500.00
173 1.64 Latarbe. Sr.. D. A 162.000.00 A 2.000.00 A 1.000.00 165.000.00 A2.000.00 A 10.000.00 A22.500.00 A 10,000.00 209.500.00 209,500.00
282 1.29 LeMarbe. Jr. 0. A 219,000.00 A 2.000.00 A 1.000.00 222.000.00 A 2.000.00 A 10,000.00 A 22.500.00 A 10.000.00 266.500.00 266.500.00
291 5.00 Williantson. C. A 262.000.00 A 2.000.00 A 1.000.00 265.000.00 A 2.000.00 A 10,000.00 A 22,500.00 A 10,000.00 309.500.00 309.500.00
292 2.50 Trewhilt, L. A 288.000.00 A 2.000.00 A 1.000.00 291.000.00 A 2.000.00 A 10.000.00 A 22.500.00 A 10,000.00 335.500.00 335.500.00
- Contingencies A 22.667.00 22.667.00 22,667.00 22,667.00
- AE110 Adm Coils A 3.000.00 3.000.00 3,000.00 3,000.00
0.00 0.00
"
0.00 0.00
0.00 0.00 _
0.00 0.00 .
0.00 0.00
11.94 scn-rornt. 1_356.000.00 12.000.00 31,667.00 1.399.667.00 12,000.00 60,000.00 135.000.00 (.0.000.00 1,666,667.00 1.666.667.00 0.00
RENTS RECEIVED - 0.00 -;-i -
. : .i .4. • . . r •
• '54,..-f.,T4,.. ; TOTAL ELIGIBLE COSTS *-1;-:../tr.:* - : '.•`:.*: ,• , . •-.".:4 X • :'I --X • .• . ii"4i1"..""54.i..;".:%"!V` 1.666467.00 :14.7q413-..%•A
. ' ..?:44. iti,sq I OEDERAL ShAliE (9054) 2'i.:.*:. 444", ' ''-3-. ' . • :f -..:.tt':1:;-4f.i1VP it.% :0-ek 1-,=::4-.. :::!;:ki---10.4,-:;: .4teitlit ,.. ....!,.,....gt:04's .-;.4:`: !,;4.-i;ii"...5 ,:itv.V=i 1.500.000.00 00:0-,.eli
COMMENTS: Consultant Contract GR Group LLC): Original Contract, dated
Appraiser: Michael Navarre (S Per Parcel)
Review Appraiser: William Steinke (S Per Parcel)
S (w/AERO approval 3.
Puree' 214.11 mac) Mr.Lisac is scheduled to returns. work on 10:01111. If unable to do so, this parcel will he pulled from project.
2.; and 273 (Iemarbc) unsure rowners are willing seller'. Roth might accept life lease or sound insulation
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 canceled 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 DEPARTMENT. During this period and
beyond for land purchased under the project, the SPONSOR, when the land is no longer
needed for airport purposes, shall dispose of such land at fair market value and make
available to the DEPARTMENT an amount equal to the DEPARTMENT'S proportionate
share of the current fair market value of the land.
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. _
1 of 2 May 31,-1994v2 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 =elated 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 contractor will not participate either directly
or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment
practices when the contract covers a program set forth in Appendix B of the Regulations.
3. Solicitation for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations either by
competitive bidding or negotiation made by the contractor for work to be performed under a subcontract,
including procurement of materials of leases of equipment, each potential subcontractor or supplier will be
notified by the contractor of the contractor's obligations under this contract and the Regulations relative to
nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports. The contractor will provide all information and reports required by the Regulations
or directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration
(FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any
information required of a contractor is in the exclusive possession of another who fails or refuses to furnish
this information, the contractor will so certify to the sponsor of the FAA, as appropriate, and will set forth what
efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination
provisions of this contract, the sponsor will impose such contract sanctions as it or the FAA may determine
to be appropriate, including, but not limited to:
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 ameans 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 contradoinfay
request the United States to enter into such litigation to protect the interests of the United States.
APPENDIX C
Assurances that Recipients and Contractors Must Make
(Excerpts from US DOT Regulation 49 CFR § 26.13)
A. Each financial assistance agreement signed with a DOT operating administration (or a primary recipient) must
include the following assurance:
The recipient shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of any US DOT-assisted contract or in the administration of its DBE
program or the requirements of 49 CFR Part 26. The recipient shall take all necessary and
reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and
administration of US DOT-assisted contracts. The recipient's DBE program, as required by
49 CFR Part 26 and as approved by US DOT, is incorporated by reference in this agreement.
Implementation of this program is a legal obligation and failure to carry out its terms shall
be treated as a violation of this agreement. Upon notification to the recipient of its failure to
carry out its approved program, the department may impose sanctions as provided for under
Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C.
1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
B. Each contract MDOT signs with a contractor (and each subcontract the prime contractor signs with a
subcontractor) must include the following assurance:
The contractor, subrecipient or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The contractor shall carry
out applicable requirements of 49 CFR Part 26 in the award and administration of US DOT-
assisted contracts. Failure by the contractor to carry out these requirements is a material
breach of this contract, which may result in the termination of this contract or such other
remedy as the recipient deems appropriate.
APPENDIX E
This document contains the terms and conditions of accepting Airport Improvement Program (AIP) grants from the
Federal Aviation Administration (FAA) for the purpose of carrying out the provisions of Title 49, United States Code.
These terms and conditions become applicable when the sponsor accepts a Grant Offer from the FAA that references
this document. The terms and conditions may be unilaterally amended by the FAA, by notification in writing, and such
amendment will only apply to grants accepted after notification.
1. Certifications
Section 47105(d), Title 49 of the United States Code authorizes the Secretary to require certification from sponsors that
they will comply with statutory and administrative requirements. The following list of certified items includes major
requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve
sponsors from fully complying with all applicable statutory and administrative standards. In accepting a grant, the
sponsor certifies that each of the following items will be complied with in the performance of grant agreements. If a
certification cannot be met for a specific project, the sponsor must fully explain in an attachment to the project
application.
A. Sponsor Certification for Selection of Consultants
General procurement standards for consultant services within Federal grant programs are described in 49 CFR
18.36. Sponsors may use other qualifications-based procedures provided they are equivalent to specific
standards in 49 CFR 18 and Advisory Circular 150/5100-14.
I. All advertisements will be placed to ensure fair and open competition from a wide area of interest.
2. For any and all contracts over $25,000, consultants will be selected using competitive procedures based
on qualifications, experience, and disadvantaged business enterprise requirements with the fee determined
through negotiation.
3. An independent cost analysis will be performed, and a record of negotiations will be prepared reflecting
the considerations involved in the establishment of fees for all engineering contracts with basic service
fees exceeding $25,000.
4. If any services are to be performed by sponsor force account personnel prior approval must be obtained
from FAA.
5. All consultant services contracts will clearly establish the scope of work and delineate the division of
responsibilities between all parties engaged in carrying out elements of the project.
6. All costs associated with work ineligible for AIP funding will be clearly identified and separated from
eligible items.
7. All mandatory contract provisions for grant-assisted contracts will be included in all consultant services
contracts.
Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
8. If any contract is awarded without competition, pre-award review and approval will be obtained from
FAA.
9. Cost-plus-percentage-of-cost methods of contracting prohibited under Federal standards will not be used.
10. If services being procured cover more than a single grant project the scope of work will be specifically
described in the advertisement, and future work will not be initiated beyond five years.
B. Sponsor Certification for Project Plans and Specifications
General Al? standards are described in Advisory Circulars 15015100-6, 150/5100-15, and 15015100-16. A
list of current advisory circulars with specific standards for design or construction of airports and procurement
or installation of airport equipment and facilities is referenced in Section III. C.24.
I. All plans and specifications will be developed in accordance with all current applicable Federal standards
and requirements, or state standard specifications developed under a Federal grant, and no deviation from
or modification to standards set forth in the advisory circulars will be allowed without prior approval of
the FAA.
- 2. All equipment specifications will rely on the national standards as cohtained in the Advisory .Circulars,
without deviations, to the maximum extent possible. Specifications for the procurement of equipment
for which there is no Federal specification or standard, will not be proprietary nor written to restrict
competition. If there is no national standard, or if the national standard provides for a choice to be made,
at least two manufacturers will assure that they can meet the specification. A deviation from the national
standard will require FAA approval of the design standard modification.
3. All development to be included in any plans is depicted on an Airport Layout Plan approved by FAA.
4. All development which is ineligible for MP funding will either be omitted from the plans and
specifications or costs associated with ineligible or AIP non-participating items will be separated and
noted as non-AIP work and deducted from AIP project reimbursement requests.
5. Process control and acceptance tests required for any and all projects by standards contained in Advisory
Circular 150/5370-10 will be included in the project specifications.
6. If a value engineering clause is incorporated into any contract, concurrence %%ill be obtained from FAA.
7. All plans and specifications will incorporate applicable requirements and recommendations set forth in
the Federally-approved environmental finding.
S. For all construction activities within or near aircraft operational areas, the applicable requirements
contained in Advisory Circular 150/5370-2 will be discussed with FAA and incorporated into the
specifications. A safety/phasing plan will be prepared, and prior FAA concurrence will be obtained.
9. All projects will be physically completed without Federal participation in costs that are due to errors or
omissions in the plans and specifications that were foreseeable at the time of project design.
10. All Airport Layout Plan (ALP) revisions and proposals for facility construction clearance will include
coordinates that are either surveyed or based on reference coordinates previously found acceptable to
Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
-2-
FAA. The coordinates will be verified and found consistent with the dimensions shown on the project
sketch/ALP. The coordinates Nvill be in terms of the North American Datum of 1983.
11. All site elevations on Airport Layout Plan (ALP) revisions and proposals for construction clearance will
be within +1-0.1 foot vertically and the vertical datum will be in terms of the National Geodetic Vertical
Datum of 1929.
C. Sponsor Certification for Equipment/Construction Contracts
Standards for advertising and awarding equipment and construction contracts within Federal grant programs
are described in 49 CFR 18.36. Sponsors may use their procurement procedures reflecting State and local
laws or regulations provided procurements conform to specific standards in 49 CFR 18 and Advisory Circulars
150/5100-6, 150/5100-15, and 150-5100-16.
1. A code or standard of conduct will be in effect governing the performance of the sponsor's officers.
employees, or agents in soliciting and awarding procurement contracts.
2. Qualified personnel will be engaged to perform contract administration, engineering supervision, and
construction inspection and testing on all projects.
3. All procurement will be publicly advertised using the competitive sealed bid method of procurement. If
procurement is less than S100,000, project may use three (3) quote method.
4. All requests for bids will clearly and accurately describe all administrative and other requirements of the
equipment and/or services to be provided.
5. Concurrence will be obtained from FAA prior to contract award under any of the following
circumstances:
a. Only one qualified person/firm submits a responsive bid,
b. The contract is to be awarded to other than the lowest responsive and responsible bidder,
c. Life cycle costing is a factor in selecting the lowest responsive bidder,
d. Proposed contract prices are more than 10% over the sponsor's cost estimate.
6. All contracts exceeding S100,000, require a bid guarantee of 5%, a performance bond of 100%, and a
payment bond of 100%.
7. All contracts exceeding S100,000 will contain provisions or conditions specifying administrative.
contractual, and legal remedies, including contract termination, for those instances in which contractors
violate or breach contract terms. They also will contain provisions requiring compliance with applicable
standards and requirements issued under Section 306 of the Clean Air Act (42 USC 1857(h)), Section
508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and environmental protection
regulations (40 CFR Part 15).
8. All construction contracts involving labor will contain provisions insuring that in the employment of
labor preference will be given to honorably discharged Vietnam era veterans and disabled veterans.
Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
-3-
9. All construction contracts exceeding $2,000 will contain provisions requiring compliance with the Davis-
Bacon Act and bid solicitations will contain a copy of the current Federal wage rate determination.
Provisions requiring compliance with Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 USC 327-330) and the Copeland "Anti-Kick Back" Act will be included.
10. All construction contracts exceeding $10,000 will contain appropriate clauses from 41 CFR part 60 for
compliance with Equal Employment Opportunity Executive Order 11246,
11. All contracts and subcontracts will contain clauses required from Title VI Civil Rights Assurances and
49 CFR 26 for Disadvantaged Business Enterprises.
12. Appropriate checks will be made to assure that contracts or subcontracts are not awarded to those
individuals or firms suspended, debarred, or voluntarily excluded from doing business with any DOT
element and appearing on the DOT Unified List.
D. Sponsor Certification for Real Property Acquisition
Requirements on real property acquisition and relocation assistance are in 49 CFR 24 and the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act).
1. Good and sufficient title will be held on property in any and all projects. The sponsor's attorney or other
official will prepare and have on file title evidence on the property.
2. If defects and/or encumbrances exist in the title which adversely impact the sponsor's intended use of
property in the project, they will be extinguished, modified, or subordinated.
3. If property for airport development will be leased, the term is for 20 years or the useful life of the project.
The lessor is a public agency and the lease contains no provisions which prevent full compliance with
the grant agreement.
4. Property will be in conformance with the current Exhibit A (property map). The-property map is based
on deeds, title opinions, land surveys, the approved Airport Layout Plan, and project documentation.
5. For any and all acquisition of property interest in noise sensitive approach zones and related areas.
property interest will be obtained to ensure land is used for purposes compatible with noise levels
associated with operation of the airport.
6. For all acquisition of property interest in runway protection zones and areas related to FAR Part 77
surfaces, property interest will be obtained for the right of flight, right of ingress and egress to remove
obstructions, right to make noise associated with aircraft operations, and to restrict the establishment of
future obstructions.
7. All appraisals will include valuation data to estimate the current market value for the property interest
acquired on each parcel and will be prepared by qualified real estate appraisers hired by the sponsor. An
opportunity will be provided the property owner or their representative to accompany appraisers during
inspections.
8. All appraisals will be reviewed by a qualified review appraiser to recornmend an amount for the offer of
just compensation. All written appraisals and review appraisal will be available to FAA for review.
Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) _
-4-
9. A written offer to acquire property will be presented to the property owner for not less than the approved
amount of just compensation.
10. Every effort will be made to acquire property through negotiation with no coercive action to induce
agreement. If negotiation is successful, project files will contain supporting documents for settlements.
11. If a negotiated settlement is not reached, condemnation will be initiated and a court deposit not less than
the just compensation will be made prior to possession of the property. Project files will contain
supporting documents for awards.
12. If displacement of persons, businesses, farm operations, or nonprofit organizations is involved, a
relocation assistance program will be established. Displaced persons will receive general information
in writing on the relocation program, notice of relocation eligibility, and a 90 day notice to vacate.
13. Relocation assistance services, comparable replacement housing, and payment of necessary relocation
expenses will be provided within a reasonable time period for displaced occupant in accordance with the
Uniform Act.
E. Sponsor Certification for Construction Project Final Acceptance
General requirements for final acceptance and close-out of Federally funded construction projects are in 49
CFR 18.50. The sponsor shall determine that project costs are accurate and proper in accordance with specific
requirements of the Grant Agreement and contract documents.
1. All personnel engaged in project administration, engineering supervision, and construction inspection
and testing will be determined to be qualified and competent to perform the work.
2. All daily construction records will be kept by the resident engineer/construction inspector. These records
document work in progress, quality and quantity of materials delivered, test locations and results,
instructions provided the contractor, weather, equipment use, labor requirements, safety problems, and
changes required.
3. All weekly payroll records and statements of compliance will be submitted by the prime contractor and
reviewed by the sponsor for Federal labor and civil rights requirements (Advisory Circular 150/5100-6
and 150/5100-15).
4. All complaints regarding the mandated Federal provisions set forth in the contract documents will bc
submitted to the Department of Labor.
5. All tests specified in the plans and specifications will be performed and the test results documented. A
summary of test results will be available to FAA.
6. For all test results outside allowable tolerances, appropriate corrective actions will be taken.
7. All payments to the contractor will be made in compliance with contract provisions and verified by the
sponsor's internal audit of contract records kept by the resident engineer. Ifappropriate, all pay reduction
factors required by the specifications will be applied in computing final payments and a summary of pa n
reductions will be available to FAA.
Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
-5-
8. All projects will be accomplished without significant deviations, changes, or modifications from the
developed plans and specifications, except where approval will be obtained from FAA.
9. All final project inspections will be conducted with representatives of the sponsor and the contractor.
Project files will contain documentation of the final inspection.
10. All work in the Grant Agreement will be physically completed and corrective actions required as a result
of the final inspection will be completed to the satisfaction of the construction contract and the sponsor.
11. As-built plans and an equipment inventory, if applicable, will be maintained as sponsor records. If
requested, a revised Airport Layout Plan will be made available to FAA prior to start of development.
12. All applicable close-out financial reports will be submitted to FAA within three (3) years of the date of
grant.
F. Sponsor Certification for Seismic Design and Construction
49 CFR Part 41 sets forth the requirements in the design and construction of the building(s) to be financed
with the assistance of the Federal Aviation Administration. Compliance will be met by adhering to at least
one of the following accepted standards:
I. Model codes found to provide a level of seismic safety substantially equivalent to that provided by use of
the 1988 National Earthquake Hazards Reduction Program (NEHRF') including:
a. The 1991 International Conference of Building Officials (rsco) Uniform Building Code,
published by the International Conference of Building Officials, 5360 South Workman Mill
Road, Whittier, California 90601.
b. The 1992 Supplement to the Building Officials and Code Administration International
(BOCA) National Building Code, published by the Building Officials and Code
Administrators, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478 -5795.
c. The 1992 Amendments to the Southern Building Code Congress (SBCC) Standard Building
Code, published by the Southern Building Code Congress International, 900 MontclairRoad.
Birmingham, Alabama 35213-1206.
2. Revisions to the model codes listed above that are substantially equivalent or exceed the then current or
immediately preceding edition of the NEHRP recommended provisions, as it is updated, may be approved
by the DOT Operating Administration to meet the requirements of 49 CFR Part 41.
3. State. county, local, or other jurisdictional building ordinances adopting and enforcing the model codes.
listed above, in their entirety, without significant revisions or changes in the direction of less seismic
safery, meet the requirement of 49 CFR Part 41.
G. Sponsor Certification for Drug-Free Workplace
1. The sponsor certifies that it will continue to provide a drug-free workplace by:
Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
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a. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the sponsor's
workplace and specifying the actions that will be taken against employees for violations of
such prohibitions.
b. Establishing an ongoing drug-free awareness program to inform employees about:
(1) The dangers of drug abuse in the workplace.
(2) The grantee's policy of maintaining a drug-free workplace.
(3) Any available drug counseling, rehabilitation, and employee assistance programs.
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace.
c. Making it a requirement that each employee to be engaged in the performance of a grant be
given a copy of the statement required by paragraph a.
d. Notifying the employee in the statement required by paragraph a that, as a condition of
employment under a grant, the employee will:
(1) Abide by the terms of the statement.
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statue
occurring in the workplace no later than five calendar days after such conviction.
e. Notifying the agency in writing, within ten calendar days after receiving notice under
paragraph d(2) from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice including position title, to every grant
officer or other designee on whose grant activity the convicted employee was working, unless
the Federal agency has designated a central point for the receipt of such notices. Notices shall
include the identification number(s) of each affected grant.
f. Taking one of the following actions, within 30 calendar days of receiving notice under
paragraph d(2) with respect to any employee who is so convicted:
(1) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended.
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal. State or local health, law
enforcement, or other appropriate agency.
(3) Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
•_ Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
-7-
IL General Conditions
A. The allowable costs of all ALP funded project shall not include any costs determined by the FAA to be
ineligible for consideration under the Title 49 U.S.C.
B. Payment of the United States' share of all allowable project costs will be made pursuant to and in accordance
with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determinations
of the United States' share will be based upon the final audits of the total amount of allowable project costs.
and settlement will be made for any upward or downward adjustments to the Federal share of costs.
C. The sponsor shall carry out and complete all ALP funded projects without undue delays and in accordance with
the terms hereof, and such regulations and procedures as the Secretary shall prescribe.
D. The FAA reserves the right to amend or withdraw a grant offer at any time prior to its acceptance by the
sponsor.
E. A grant offer will expire, and the United States shall not be obligated to pay any part of the costs of the project
unless the grant offer has been accepted by the sponsor on or before 60 days after the grant offer but no later
than September 30 of the Federal fiscal year the grant offer was made, or such subsequent date.as may be
prescribed in writing by the FAA.
F. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently,
wastefully, or in violation of Federal antitrust statutes, or misused in any manner in any project upon which
Federal funds hale been expended. For the purposes of this grant agreement, the term "Federal funds" means
funds however used or disbursed by the sponsor that were originally paid pursuant to this or any other Federal
grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the
Federal share of such funds. It shall return the recovered Federal share, including funds recovered by
settlement, order or judgment, to the Secretary. It shall furnish to the Secretary., upon request, all documents
and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation,
negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the
sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by
the Secretary.
G. The United States shall not be responsible or liable for damage to property or injury to persons which may
arise from, or be incident to. compliance with a grant agreement.
H. If. during the life of an AIP funded project. the FAA determines that a grant amount exceeds the expected
needs of the sponsor by S25,000 or five percent (5%), whichever is greater, a grant amount can be unilaterally
reduced by letter from FAA advising of the budget change. Conversely, with the exception of planning
projects, if there is an overrun in the eligible project costs, FAA may increase a grant to cover the amount of
the overrun not to exceed the statutory fifteen (15%) percent limitation for primary airports or either by not
more than fifteen percent (15%) of the original grant amount or by an amount not to exceed twenty-five
percent (25%) of the total increase in allowable project costs attributable to the acquisition of land or interests
in land, whichever is greater, based on current credible appraisals or a court award in a condemnation
proceeding for non-primary airports. FAA will advise the sponsor by letter of the increase. Planning projects
will not be increased above the planning portion of the maximum obligation of the United States shown in
the grant agreement. Upon issuance of either of the aforementioned letters, the maximum obligation of the
United States is adjusted to the amount specified. In addition, the sponsor's officially designated
representative, is authorized to request FAA concurrence in revising the project description and grant amount
Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
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within statutory limitations. A letter from the FAA concurring in the said requested revision to the project
work description and/or grant amount shall constitute an amendment to a Grant Agreement.
I. If requested by the sponsor and authorized by the FAA, the letter of credit method of payment may be used.
It is understood and agreed that the sponsor agrees to request cash withdrawals on the letter of credit only
when actually needed for its disbursements and to timely reporting of such disbursements as required. It is
understood that failure to adhere to this provision may cause the letter of credit to be revoked.
J. Unless otherwise approved by the FAA, it will not acquire or permit any contractor or subcontractor to acquire
any steel or manufactured products produced outside the United States to be used for any project for airport
development or noise compatibility for which funds are provided under this grant. The sponsor will include
in every contract a provision implementing this condition.
DI Assurances (dated 9/1/99)
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.
B. 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.
Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The
preceding paragraph I 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.
• . Terms and Conditions of Accepting Airport Improvement Program Grants (Janualy 2001)
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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 IIIC 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 assures and certifies, with respect to this grant that:
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:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act -40 U.S.C. 276(a), et seq.1
c. Federal Fair Labor Standards Act -29 U.S.C. 201, et seq
d. Hatch Act - 5 U.S.C. 1501, et seq.2
c. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42-.
U.S.C. 4601, et seq.'a
f. National. Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).'
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, et seq.
i. 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.'
I. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
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, Pl. 95-341, as amended.
q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.'
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403-2 U.S.C. 8373.'
s. Contract Work Hours and Safety Standards Act -40 U.S.C. 327, et sea.'
Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
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t. Copeland Antikickback Act - 18 U.S.C. 874.
u. National Environmental Policy Act of 1969 — 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 seq.2
x. Drug-Free Workplace Act of 198S - 41 U.S.C. 702 through 706.
Executive Orders
a. Executive Order 11246 - Equal Employment Opportunity
b. Executive Order 11990 - Protection of Wetlands
c. Executive Order 11998 —.Flood Plain Management
d. Executive Order 12372 - Intergovernmental Review of Federal Programs. --
e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building
Construction
f. 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 - Contractors 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).'
41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and federally assisted contracting
requirements).
Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
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g.
P.
q.
h. 49 CFR Part IS - Uniform administrative requirements for grants and cooperative
agreements to state and local governrnents.3
i. 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.
1. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal
and federally assisted programs.°
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 benefiting from Federal financial assistance.'
o. 49 CFR Part 29 — Government wide debarment and suspension (non-procurement) and
government wide requirements for drug-free workplace (grants).
49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of
countries that deny procurement market access to U.S. contractors.
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.
b. A-133 - Audits of States, Local Governments, and Non-Profit Organizations
These laws do not apply to airport planning sponsors.
'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 Tide 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.
Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
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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 tarry out the
proposed project and comply with all terms, conditions, and assurances of this grant agreement
It shall designate an official 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 such additional information as may be required.
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
Secreta6 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.
Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
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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 obligate 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 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.
e. Tithe 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 reservesufficient
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 ornear
where the project may be located.
3. 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.
9. Public Hearings. In projects involving the location of an airport, an airport runway, oi 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
Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
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Administrator of the Environmental Protection Agency, certification shall be obtained from such
Administrator. Notice of certification or refusal to certif' 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 program 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 airport. It will provide such reports on pavement condition and pavement management
programs as the Secretary determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal development at a public use
airport, as defined in Title 49, it has, on 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 iupplied 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 (at)
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 o:'
labor (except in executive, administrative, and supervisory positions). preference shall be given to
Veterans of the Vietnam era and disabled veteran 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.
• Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
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16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and
schedules approved 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 agreement.
17. Construction Inspection and Approval. It will provide and maintain competent technical supervision
at the construction site throughout the project to assure that the work conforms to the plans,
specifications, and schedules approved by the Secretary for the project. It shall subject the construction
work on any project contained in an approved project application to inspection and approval by the
Secretary and such work shall be in 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.
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
Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
-16-
g.
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
operation. 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 for:
(1) Operating the airport's aeronautical facilities whenever required;
(2) Promptly' marking and lighting hazards resulting from airport conditions, including
temporary conditions; and
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 prograin 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
. Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
-17-
(3)
aeronautical activity for furnishing services to the public at the airport, the sponsor will insert
and enforce provisions requiring the contractor to:
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 arc uniformly applicable to all other fixed-based operators making the same
or similar uses of such airport and utilizing the same or similar facilities.
d. Each air carrier using such airport 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 at such
airport.
e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant pf another
air carrier tenant) shall be subject to such nondiscriminatory and substantially ceimparable
rules, regulations, 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
nonsig,natory 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.
i. 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
Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
-18-
(1)
g.
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 will 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 economy of
collection. No part of the Federal share of an airport development, airport planning or noise
compatibility project for which a grant is made under Title 49, United States Code, the Airport and
Airway Improvement Act of 1982, the Federal Airport Act or the 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 offthe 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
Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
-19-
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 noise compatibility program projects, make records and documents relating to the project
and 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 forrnht and time prescribed by the Secretary, provide to the Secretary and make available
to the public following each of its fiscal years, an annual report listing in detail:
all amounts paid by the airport to any other unit of government and the purposes for which
each such payment was made; and
(2) all services and property provided by the airport to other units of government and the amount
of compensation received 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, lithe
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 that-
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 exces
of five million pounds.
. Terms and Conditions of Accepting Airport Improvement Program Grants (January. 2001)
-20-
(1)
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 all 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 non-aviation 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 quthorized
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 not
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 determines
adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded
property on or off the airport and which is not in conformity with the Airport Layout Plan as
approved by the Secretary, the owner or operator will, if requested, by the Secretary (1)
eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of
relocating such property (or replacement thereof) to a site acceptable to the Secretary and all
costs of restoring such property (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 benefitting 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 propert n 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
. 'Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
-21-
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 11(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 owner 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.
c. 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
arc 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, design, engineering, surveying, mapping or 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 most current
version, at the time the grant is signed, of the advisory circulars listed under the following table titled
"Current FAA Advisory Circulars for Al? Projects", and in accordance with applicable state policies.
standards, and specifications approved by the Secretary.
Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
CURRENT FAA ADVISORY .CIRCULARS FOR MT PROJECTS
Dated: 7/1/99
_ 1. NUMBER TITLE _
_ 7017460-1 Obstruction Marking and Lighting
150/5000-13
Announcement of Availability—RICA Inc.. Document RICA-221,
Guidance and Recommended Requirements for Airport Surface Movement
Sensors -
150/5210-5 Painting, Marking and Lighting of Vehicles Used on an Airport
150/5210-7 Aircraft Fire and Rescue Communications .
130/5210-13 Water Rescue Plans, Facilities, and Equipment
150/5210-14 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)
150/5220-4 Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-10 Guide Specification for Water/Foam Type Aircraft Rescue and -
Firefighting Vehicles .
150/5220-13 , Runway Surface Condition Sensor Specification Guide
150/5220-16 Automated Weather Observing Systems for Non-Federal Applications
150/5220-17 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 Equipment .
150/5220-21
Guide Specification for Lifts Used to Board Airline Passengers With
Mobility Impairments
150/5300-13 Airport Design
150/5300-14 Design of Aircraft Deicinc,,, Facilities
150/5320-5 I Airport Drainage
150/5320-6 I Airport Pavement Design and Evaluation
150/5320-12
Measurement. Construction, and Maintenance of Skid Resistant
Airport Pavement Surfaces
150/5320-14 I Airport Landscaping for Noise Control Purposes
150/5320-16 I Airport Pavement Design for the Boeing 777 Airplane
150/53254 Runway Length Requirements for Airport Design
150/5340-1 Standards for Airport Marking.s
150/5340-4 Installation Details for Runway Centerline Touchdown Zone Lighting
Systems ..-----__
..Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
-23-
_ 1. NUMBER TITLE i
150/5340-5 Segmented Circle Airport Marker System
150/5340-14 Economy Approach Lightin_g Aids
150/5340-17 Standby Power for Non-FAA Airport Lighting Systems
150/5340-18 Standards for Airport Sign Systems —
150/5340-19 Taxiway Centerline Lighting System _ ,
_ 150/5340-21 Airport Miscellaneous Lighting Visual Kids ,
150/5340-23 Supplemental Wind Cones
150/5340-24 Runway and Taxiway Edge Lighting System .
150/5340-27 Air-to-Ground Radio Control of Airport Lighting Systems
150/5345-3 Specification for L821 Panels for Remote Control of Airport Lighting
150/5345-5 Circuit Selector Switch
150/5345-7 Specification for L824 Underground Electrical Cable for Airport
Lighting Circuits .
150/5345-10 Specification for Constant Current Regulators Regulator McInitors .,
150/5345-12 Specification for Airport and Heliport Beacon -- --
150/5345-13 Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot
Control of Airport Lighting Circuits
150/5345-26 Specification for L823 Plug and Receptacle, Cable Connectors .
150/5345-27 Specification for Wind Cone Assemblies
150/5345-28 Precision Approach Path Indicator (PAPI) Systems
150/5345-39 FAA Specification L853, Runway and Taxiway Centerline Retro
reflective Markers
150/5345-42 Specification for Airport Light Bases, Transformer Housings,
r1 unction Boxes and Accessories
150/5345-43 Specification for Obstruction Lighting Equipment
150/5345-44 Specification for Taxiway and Runway Signs
150/5345-45 Lightweiyht Approach Light Structure
150/5345-46 Specification for Runway and Taxiway Light Fixtures
150/5345-47 I Isolation Transformers for Airport Lighting Systems
-
150/5345-49 Specification L854, Radio Control Equipment
150/5345-50 Specification for Portable Runway Lights
150/5345-51 Specification for Discharge-Type Flasher Equipment
150/5345-52 Generic Visual Glideslope Indicators (GVGI)
150/5345-53 Airport Lighting Equipment Certification Program
150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub
Locations
150/5360-12 Airport Signing 8c. Graphics
• Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
-24-
1 1. NUMBER TITLE _.
150/5360-13 Planning and Design Guidance for Airport Terminal Facilities
150/5370-2 Operational Safety on Airports During Construction
150/5370-10 Standards for Specifying Construction of Airports
150/5390-2 Hell Dort Design
_ 15015390-3 Vertiport Design
150/5100-14 Architectural, Engineering, and Planning Consultant Services for
_ Airport Grant Projects
150/5200-30 1 Airport Winter Safety and Operations
150/5200-33 Ha7ardous 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 in the Evaluation of Airport
Pavements
150/5370-12 Quality Control of Construction for Airport Grant Projects _
___ 150/5370-6 Construction Progress and Inspection Report-Airport Grant Program
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 all
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 pro2rain, the Department mal.
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).
....L.:___Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
IV. Standard DOT Title VI Assurances
The sponsor hereby agrees that as a condition to receiving Federal financial assistance from the Department of
Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and
all requirements imposed by 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 (hereinafter referred to
as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination
under any program or activity for which the applicant receives Federal financial assistance and will immediately
take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the
sponsor agrees concerning this grant that:
A. Each "program" and "facility" (as defined in Sections 21.23(e) and 21.23 (b)) will be conducted or operated
in compliance with all requirements of the Regulations.
B. It will insert the following clauses in every contract subject to the Act and the Regulations:
"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 shall 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 front time to time (hereinafter
referred to as the Regulations), which are herein incorporated by reference and made apart of this contract.
2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not
discriminate on the grounds ofrace, color, or national origin in the selection and retention ofsubcontractors,
including procurements of materials and leases of equipment. The contractor shall 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. Solicitations for Subcontracts, Including Procurements ofMaterials and Equipment. In all solicitations
either by competitive bidding or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or leases of equipment, each potential subcontractor or
supplier shall 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 shall provide all information and reports required by the
Regulations or directives issued pursuant thereto and shall 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.
Ifihere any information required of a contractor is in the exclusive possession of another who fails or refuses
to furnish this information, the contractor shall so certify to the sponsor or the F.4.4, as appropriate, and shall
set forth what efforts it has made to obtain the information.
5. Sanctions or Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination
provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine
to be appropriate, including, but not limited to:
Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
-26-
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 shall include the provisions ofparagraphs I through 5 in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any
subcontract or procurement as the sponsor."
C. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall
extend to the entire facility and facilities operated in connection therewith.
D. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real
property, the assurance shall extend to rights to space on, over, or under such property.
E. It will include the following clauses, as appropriate:
"I. The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself his heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof does hereby
covenant and agree (in the case of deeds and leases add "as a covenant running with the land')-that In the
event facilities are constructed, maintained, or otherwise operated on the said property described in this
(deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for
another purpose involving the provision of similar services or benefits, the (grantee, licensee, leasee,
permitee, etc.) shall maintain and operate such facilities and services in compliance with all other
requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in FederallyAssisted Programs of the
Department of Transportation, and as said Regulations may be amended
2. The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself his personal representatives,
successors in interest, and assigns, as a part of the consideration hereof does hereby covenant and agree
(in the case of deeds and leases add "as a covenant running with the land") that: (I) no person on the
grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of or
be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any
improvements on, over, or under such land and the furnishing ofservices thereon, no person on the grounds
ofrace, color, or national origin shall be excluded from participation in, denied the benefits of or otherwise
be subjected to discrimination, (3) that the (grantee, licensee, lessee, permitee, etc.) shall use the premises
in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in
FederallyAssisted Programs of the Department of Transportation, and as said Regulations may be amended.
of the FAA may direct as a means of enforcing such provisions including sanctions or noncompliance
Provided, however, that in the event a contract 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."
as a covenant running with the land, in any future deeds, leases, permits. licenses, and similar agreements
entered into by the sponsor with other parties:
1. for the subsequent transfer of real property acquired or improved with Federal financial assistance under
this Project; and
Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
2. for the construction or use of or access to space on, over, or under real property acquired or improved
with Federal financial assistance under this Project.
F. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to
the program, except where the Federal financial assistance is to provide, or is in the form of personal propem
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.
1. 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
2. the period during which the sponsor retains ownership or possession of the property.
G. It will provide for such methods of administration for the program as are found by the Secretary of
Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it.
other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other
participants or Federal financial assistance under such program will comply with all requirements imposed
or pursuant to the Act, the Regulations, and this assurance.
IL It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under
the Act, the Regulations, and this assurance.
This assurance is given in consideration ofand for the purpose of obtaining Federal financial ACE-1450 Standard DOT
Title VI Assurance 8/29/96 assistance for this Project and is binding on its contractors, the sponsor, subcontractors.
transferees, successors in interest and other participants in the Project.
Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
-28-
Airport Name: Oakland County International Airport
Associated City: Pontiac, Michigan
Project No: G026-0079-2901
APPENDIX F
SPECIAL CONDITIONS
(MANDATORY CONDITIONS TO BE IN ALL SUB-GRANTS)
1. RUNWAY PROTECTION ZONES The Sponsor agrees to take the following actions to
maintain and/or acquire a property interest, satisfactory to the FAA, in the Runway
Protection Zones:
a. Existing Fee Title Interest in the Runway Protection Zone.
The Sponsor agrees to prevent the erection or creation of any structure or place of
public assembly in the Runway Protection Zone, as depicted on the Exhibit "A"
Property Map, except for navaids that are fixed by their functional purposes or any
other structure approved by the FAA. Any existing structures or uses within the
Runway Protection Zone will be cleared or discontinued unless approved by the
FAA.
b. Existing 'Easement Interest in the Runway Protection Zone.
The Sponsor agrees to take any and all steps necessary to ensure that the owner of the
land within the designated Runway Protection Zone will not build any structure in
the Runway Protection Zone that is a hazard to air navigation or which might create
glare or misleading lights or lead to the construction of residences, fuel handling and
storage facilities, smoke generating activities, or places of public assembly, such as
churches, schools, office buildings, shopping centers, and stadiums.
2. AIR AND WATER QUALITY. Approval of the project included in this agreement is
conditioned on the Sponsor's compliance with applicable air and water quality standards in
accomplishing project construction and in operating the airport. Failure to comply with this
requirement may result in suspension, cancellation, or termination of federal assistance under
this agreement.
3. BUY AMERICAN REQUIREMENT. Unless otherwise approved by the FAA, the Sponsor
will not acquire or permit any contractor or subcontractor to acquire any steel or
manufactured products produced outside the United States to be used for any project for
airport development or noise compatibility for which funds are provided under this grant.
The Sponsor will include in every contract a provision implementing this special condition.
4. WASTE DISPOSAL SITES. It is hereby agreed by and between 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."
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5. OPEN BIDDING. The Sponsor agrees not to include in any bid specification, project
agreement, or other controlling documents to perform construction activities under this grant,
any provisions which would:
a. Require bidders, offerors, contractors, or subcontractors to enter into or adhere to
agreements with one or more labor organizations, on the same or other related
construction project(s), or
b. Otherwise discriminate against bidders, offerors, contractors, or subcontractors for
refusing to become or remain signatories or otherwise adhere to agreements with one
or more labor organizations, on the same or other related construction project(s), or
c. Require any bidder, offeror, contractor, or subcontractor to enter into, adhere to, or
enforce any agreement that requires its employees, as a condition of employment, to:
(1) become members of or affiliated with a labor organization, or
(2) pay dues or fees to a labor organization, over an employee's objection, in
excess of the employee's share of labor organization costs relating to
collective bargaining, contract administration, or grievance adjustment.
The Sponsor further agrees to require any contractor or subcontractor to agree to not
include any similar provision which would violate paragraphs a through c above in
their contracts or subcontracts pertaining to the projects under this grant.
6. PAVEMENT MAINTENANCE MANAGEMENT PROGRAM (PGL 95-2). For a project
to replace or reconstruct pavement at the airport, the Sponsor shall implement an effective
airport pavement maintenance program as is required by airport Sponsor Assurance Number
C-11. The Sponsor shall use such program for the useful life of any pavement constructed,
reconstructed, or repaired with federal financial assistance at the airport. As a minimum, the
program must conform with the provisions outlined below:
Pavement Maintenance Management Program. An effective pavement maintenance
management program is one that details the procedures to be followed to assure that proper
pavement maintenance, both preventive and repair, is performed. An airport sponsor may
use any form of inspection program it deems appropriate. The program must, as a minimum,
include the following:
a. Pavement Inventory. The following must be depicted in an appropriate form and
level of detail:
(1) location of all runways, taxiways, and aprons;
(2) dimensions;
(3) type of pavement, and;
(4) year of construction or most recent major rehabilitation.
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For compliance with the Airport Improvement Program (AIP) assurances, pavements
that have been constructed, reconstructed, or repaired with federal financial
assistance shall be so depicted.
b. Inspection Schedule.
(1) Detailed Inspection. A detailed inspection must be performed at least once
a year. If a history of recorded pavement deterioration is available, i.e.,
Pavement Condition Index (PCI) survey as set forth in Advisory Circular
150/5380-6, "Guidelines and Procedures for Maintenance of Airport
Pavements," the frequency of inspection may be extended t three years.
(2) Drive-By Inspection. A drive-by inspection must be performed a minimum
of once per month to detect unexpected changes in the pavement condition.
c. Record Keeping. Complete information on the findings of all detailed inspections
and on the maintenance performed must be recorded and kept on file for a minimum
of five years. The types of distress, their locations, and remedial action, scheduled
or performed, must be documented. The minimum information to be listed below:
(1) inspection date,
• (2) location,
(3) distress types, and
(4) maintenance scheduled or performed.
For drive-by inspections, the date of inspection and any maintenance performed must
be recorded.
d. Information Retrieval. An airport sponsor may use any form of record keeping it
deems appropriate, so long as the information and records produced by the pavement
survey can be retrieved to provide a report to the FAA as may be required.
e. Reference. Refer to Advisory Circular 150/5380-6, "Guidelines and Procedures for
Maintenance of Airport Pavements," for specific guidelines and procedures for
maintaining airport pavements and establishing an effective maintenance program.
Specific types of distress, their probable causes, inspection guidelines, and
recommended methods of repair are presented.
7. APPROACH LIGHT CLEARING. The Sponsor hereby covenants and agrees that it will
not cause or permit any structure or object of natural growth to extend above the light planes
within the land area (presently or hereafter owned or controlled by the Sponsor) comprising
the site of any Approach Light System serving the aforesaid airport. The site-is-an-area
extending 2,600 feet outward from the approach threshold of the runway served and 400 feet
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in width located symmetrically about the extended runway centerline. The dimensions and
slopes of the light planes shall be consistent with AC 150/5300-13 as applied to actual light
elevations.
8. FAA PARKING. The parties hereto recognize that a continuing need exists for parking space
for Government owned and controlled automotive equipment used or assigned for use in
serving FAA facilities and equipment on or in the vicinity of the airport. It is agreed by the
parties hereto that the Sponsor will continue to provide, without charge, designated parking
space as now exists in reasonable proximity to FAA operations for such automotive
equipment and that no change or modifications will be made in such designation without the
consent of the parties hereto or their designated representative.
The parties hereto further recognize the need for adequate parking space for the motor
vehicles used by the FAA employees for transportation to their place of employment and
assigned duty stations on the airport. It is fully understood by and between the parties hereto
that the Sponsor has made adequate parking space available to these employees on terms that
are as favorable as those provided to the Sponsor's employees and the employees of others
having duty stations on the airport. It is agreed by the parties hereto that the relationship now
existing with respect to automobile parking space for FAA employees will continue and that
no change will be made to alter this relationship or to either curtail or enlarge the demand
for the parking facilities designated without the consent and concurrence of the parties hereto
or their designated representative.
9. 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.
10. REVENUE FROM REAL PROPERTY - LAND IN PROJECT. The Sponsor agrees that all
net revenues produced from real property purchased in part with federal funds in this grant
shall be used on the airport for airport planning, development, or operating expenses, except
that all income from real property purchased for noise compatibility purposes or for future
aeronautical use as indicated on Exhibit "A" for this grant under the Airport and Airway
Improvement Act of 1982. Income from noise or future use property may not be used for
the Sponsor's matching share of any airport grant. Airport fiscal and accounting records shall
clearly identify actual sources and uses of these funds.
11. LAND ACQUISITION FOR NOISE COMPATIBILITY. The Sponsor agrees that land in
this project purchased for noise compatibility purposes may be subject to disposal at the
earliest practicable time. After Grant Agreement, the FAA may designate such land which
must be sold by the Sponsor. The Sponsor will use its best efforts to so dispose of such land
subject to retention or reservation of any interest or right therein necessary to enstite -that
such land is used only for purposes which are compatible with the noise levels or operation
of the airport. The proceeds of such disposition either shall be refunded to the United States
for the Airport and Airway Trust Fund on a basis proportionate to the United States' 'Share
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of the cost of acquisition of such land, or shall be reinvested in an approved project, pursuant
to such instructions as the FAA shall issue.
12. EXHIBIT A. It is understood and agreed by and between the parties hereto that
notwithstanding the fact that this Grant Offer is made and accepted upon the basis of the
Exhibit "A" Property Map, the Sponsor hereby covenants and agrees that it will update said
Exhibit "A" Property Map to standards satisfactory to the Department and submit said
documentation in final form to the Department for approval. It is further mutually agreed
that the reasonable cost of developing said Exhibit "A" Property Map is an eligible
administrative cost for participation within the scope of this project.
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JOB NO. BILLING PERIOD: 0 Check if Final Payment
PRIME CONSULTANT'S AUTHORIZED REPRESENTATIVE
(SIGNATURE):
DATE TITLE
- -FOR MOOT' OS—P. ONLY
June 1,2001 APPENDIX G
Prime Consultant Statement of DBE Subconsultant Payments
Information required in accordance with 49 CFR §2637 to monitor progress of the prime consultant in meeting contractual obligations to DI313s.
PRIME CONSULTANT: 0 CHECK IF PRIME IS
MDOT-DBE CERTIFIED
AUTHORIZATION NO. CONTRACT NO.
CERTIFIED DBE SERVICES TOTAL
CONSULTANT WORK CONTRACT
PERFORMED AMOUNT
CUMULATIVE
DOLLAR
VALUE OF
SERVICES
COMPLETED
ACTUAL
DEDUCTIONS AMOUNT
PAID TO
DATE
ACTUAL
AMOUNT PAID
DURING THIS
BILLING
PERIOD
DBE
AUTHORIZED
SIGNATURE DATE
(Final Payment
Report Only)
As the authorized representative of the above prime consultant, I state that, to the best of my knowledge, this information is true and accurate.
COMMENTS:
DATE: CONTRACT ADMINISTRATOR (Signature)
Special note:"Prime Consultant or Authorized Representative" refers to recipients of federal funds as defined at 49 Code of Federal Regulations Part 26.
INSTRUCTIONS
This statement reports the actual dollar amounts of the project cost earned by and paid to DBE subconsultants. Complete and submit to the Contract
Administrator with each billing and within 20 days of receipt of final payment. Some forms may be blank if no payment was ma4 since the previous
billing.
For "Authorization No., Contract No.," and "Job No." as appropriate, use the numbers assigned by MDOT.
For "Billing Period," report the calendar days covered by the billing.
For "Services Work Performed" report the main service performed by the subconsultant during the reporting period.
For "Total Contract Amount" report the total amount of the contract between the prime consultant and subconsultant.
For "Cumulative Dollar Value of Services Completed" report the total amount the subconsultant has earned since beginning the project.
For "Deductions," report deductions made by the prime consultant to the subconsultant's "Cumulative Dollar Value of Services Completed" for retainage,
bond or other fees, materials, services or equipment provided to the subconsultant according to mutual, prior agreement (documentation of such agreement
may be required by MDOT).
For "Actual Amount Paid to Date," report cumulative actual payments made to the subconsultant for services completed.
For "Actual Amount Paid During this Billing Period" report actual payments made to the subcontractor for services during this billing period.
Provide "DBE Authorized Signature" for final payment only.
Be sure to sign, title and date this statement.
MDOT CONTRACT ADMINISTRATOR:
Complete "Comments" if necessary, sign, date and forward to the Office of Equal Opportunity within seven (7) days of receipt.
FISCAL NOTE (MISC. #01273) October 25,2001
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: CENTRAL SERVICES - OAKLAND COUNTY INTERNATIONAL AIRPORT - 2001
GRANT PROGRAM ACCEPTANCE - LAND ACQUISITION
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has
reviewed the above referenced resolution and finds:
1. Oakland County has received Michigan Department of
Transportation Grant Contract, Project No. G-26-0079-2901,
for Federal funds in a maximum obligation of $1,500,000 for
the development and improvement of the Oakland County
International Airport.
2. The project consists of acquisition of approximately 11.94
acres and 6 homes.
3. A local grant match of $166,667 is required and is
available in the Airport Fund Balance.
4. The total grant contract is in an amount not to exceed
$1,666,667.
5. 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.
6. The FY 2002 Budget is amended as follows:
Airport Fund
13-137201-00050-3196 Est. Profit/(Loss) ($166,667)
13-137201-30000-1120 Land & Improvements 166,667
$ -0-
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Melton and Douglas
absent.
4
Resolution #01273 October 25, 2001
Moved by Douglas supported by Patterson the resolutions on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford,
Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Millard,
Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos.
(25)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the
Consent Agenda were adopted (with accompanying reports being accepted).
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 October 25, 2001 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 25th day,pf October, 2001.
iniam Caddell, County Clerk