HomeMy WebLinkAboutResolutions - 2002.06.13 - 26833MISCELLANEOUS RESOLUTION #02 144 June 3, 2002
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES - OAKLAND COUNTY INTERNATIONAL AIRPORT -
2002 GRANT PROGRAM ACCEPTANCE — CONSTRUCTION OF APRON/WIDEN, EXTEND AND
OVERLAY TAXIWAYS/REMOVAL OF RUNWAY 4/22
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant
Contract No. 2002-0509, Project No. C-26-0079-3101, for Federal funds in the amount of $774,000, and State
funds in the amount of $43,000, for the development and improvement of Oakland County International
Airport; and
WHEREAS the project consists of construction of apron; widen, extend and overlay taxiways; and
removal of Runway 4/22; and
WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County
in the administration of the project; and
WHEREAS the development project as offered and approved by the Michigan Department of
Transportation requires a local grant match of $43,000, which is available from the airport fund; and
WHEREAS the Airport Committee has reviewed and approved the grant contract subject to
ratification by the Oakland County Board of Commissioners and believes it to be in the County's interest to
accept the grant contract; and
WHEREAS the attached contract has been approved in accordance with the County Executive's
review process; and
WHEREAS no application was requested from Oakland County, therefore the application provisions
of M.R. #95098, do not apply.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts
the grant contract in an amount not to exceed $860,000.
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
AdLy i k
GENERAL GOVERNMENT COMMITTEE
Motion carried unanimously on a roll call vote with Friedman Appel absent.
Helen Hanger
From: Greg Givens [givensg@co.oakland.mi.us ]
Sent: Tuesday, June 04, 2002 8:47 AM
To: Shull, Pat; VanLeuvenj; Pohlod, Michael
Cc: Hanger, Helen
Subject: CONTRACT REVIEW— CENTRAL SERVCIES AVIATION
RE: CONTRACT REVIEW - CENTRAL SERVCIES AVIATION
GRANT NAME: Apron Construction and Removal of Runway 4/22
FUNDING AGENCY: Michigan Department of Transportation
DEPARTMENT CONTACT PERSON: Pat Shull - 666.3902
STATUS: Acceptance
DATE: June 4, 2002
Pursuant to Misc. Resolution 401320, please be advised the captioned
grant materials have completed internal contract review. Below are the
comments returned by review departments.
Department of Management and Budget:
Approved - Laurie Van Pelt (6/4/2002)
Personnel Department:
I approve - Judy Eaton (5/23/2002)
Risk Management and Safety:
After speaking with airport staff, the grant is approved without
modification. - Stan Fayne (5/29/2002)
Corporation Counsel:
There are no outstanding legal issues with this grant. I would
appreciate the Airport providing this office with a copy of the
subcontract written by MDOT, when it becomes available. Thanks you.
Joellen Shortey (5/28/2002)
The captioned grant materials and grant acceptance package (which
should include the Board of Commissioners' Liaison Committee Resolution,
the grant agreement/contract, Finance Committee Fiscal Note, and this
email containing grant review comments) may be requested to be placed on
the appropriate Board of Commissioners' committee(s) for grant
acceptance by Board resolution.
Greg Givens, Supervisor
Grants Administration Unit
Fiscal Services Division
CONTRACT NO. 2002-0509
FEDERAL PROJECT NO. C-26-0079-3101
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 May
21, 2002, attached hereto and made a part hereof.
PROJECT DESCRIPTION: Construction of apron; widen, extend, and overlay taxiways; and
remove Runway 4/22 and associated taxiways.
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) 1 attached hereto
and made a part hereof. PROJECT COST will also include administrative costs incurred by
the DEPARTMENT in connection with the PROJECT. Administrative costs incurred by the
SPONSOR are not eligible PROJECT COSTS.
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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 U.S.C. 7501-7507) the OMB Circular A-133, as revised or amended, and
the provisions of 1951 PA 51; MCL 247.660h; MSA 9.1097(10i), as applicable, that
is in effect at the time of contract award with regard to audits.
c. The SPONSOR will maintain the RECORDS for at least six (6) years from the date
of final payment made by the DEPARTMENT under this Contract. In the event of
a dispute with regard to allowable expenses or any other issue under this Contract,
the SPONSOR will thereafter continue to maintain the RECORDS at least until that
dispute has been filially 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 will 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.
6. The SPONSOR agrees to require all prime contractors to pay each subcontractor for the
satisfactory completion of work associated with the subcontract no later than ten (10)
calendar days from the receipt of each payment the PRIME CONTRACTOR receives from
the DEPARTMENT or SPONSOR. The PRIME CONTRACTOR also is required to return
retainage payments to each subcontractor within ten (10) calendar days after the
subcontractor's work is satisfactorily completed. Any delay or postponement of payment
from these time frames may occur only upon receipt of written approval from the
DEPARTMENT. These requirements are also applicable to all sub-tier subcontractors and
will be made a part of all subcontract agreements.
This prompt payment 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.
5/22/02 3 PUBLICBLOCKGRANT v6
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 $774,000
Maximum DEPARTMENT share 43,000
SPONSOR share 43,000
Estimated PROJECT COST $860,000
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 it has read the contract terms and has made itself aware of the
applicable laws, regulations, and terms of this Contract that apply to the reporting of costs
incurred under the terms of this Contract.
14. The PROJECT COST shown in Section 11 is the maximum obligation of DEPARTMENT
and federal funds under this Contract. The maximum obligation of DEPARTMENT and
federal funds may be adjusted to an amount less than the maximums shown in Section 11
through a budget letter issued by the DEPARTMENT. A Budget Letter will be used when
updated cost estimates for the PROJECT reflect a change in the amount of funds needed to
fund all PROJECT COSTS. The Budget Letter will be signed by the Administrator of
Airports Division of the 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
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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 C-26-0079-3101, 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.
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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 a part hereof, and will
require similar covenants on the part of any contractor or subcontractor employed in the
performance of this Contract.
The SPONSOR will carry out the applicable requirements of the DEPARTMENT'S
Disadvantaged Business Enterprise (DBE) program and 49 CFR Part 26, including, but not
limited to, those requirements set forth in Appendix C, attached hereto and made a part
hereof.
22. In accordance with 1980 PA 278; MCL 423.321 et Leg; MSA 17.458(22), et sea, 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
5/22/02 9 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
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ATTACHMENT 1
SUPPLEMENTAL PROVISIONS FOR FEDERAL/STATE/LOCAL CONTRACTS
INVOLVING CONSTRUCTION WORK
AT ALL CLASSIFICATIONS OF AIRPORTS
1. The term PROJECT COST shall include the cost of the physical construction
necessary for the completion of the PROJECT, including the costs of preliminary, design and
construction engineering and supervision, environmental studies and reports, airport layout plan
updates relating to the PROJECT And the cost of advertising for and receiving bids.
2. The DEPARTMENT is authorized by the SPONSOR pursuant to this contract to
advertise and to award the contract for the construction work in the name of the SPONSOR in
accordance with the following:
a. Prequalification of bidders shall be determined by the DEPARTMENT in
accordance with the "Administrative Rules Governing the Prequalification of Bidders
for Highway and Transportation Construction Work."
b. Prior to advertising the construction work for receipt of bids, the SPONSOR
may delete any portion or all of the PROJECT work.
c. If after receipt of bids for the construction work, the SPONSOR gives notice
of circumstances which affect its ability to proceed, the DEPARTMENT, on behalf
of the SPONSOR and with the concurrence of the FAA, if required, shall reject the
bids.
d. In the event of the rejection of all bids, any costs incurred by the
DEPARTMENT shall be deemed to be PROJECT COST.
e. Upon receipt of bids, the DEPARTMENT, on behalf of the SPONSOR, will
select the most responsive bid in accordance with the DEPARTMENT's applicable
"General Provisions for Construction of Airports." The DEPARTMENT will then
prepare a "Recommendation to Award" and submit it to the FAA and the SPONSOR.
The DEPARTMENT will forward the contract documents to the contractor and then
the SPONSOR for execution.
f. The DEPARTMENT is authorized to receive, hold, and return proposal
guarantees on behalf of and in the name of the SPONSOR pursuant to the
requirements enumerated in the DEPARTMENT's applicable "General Provisions
for Construction of Airports."
1 of 4 May 13, 1996 Aero 1
a. The construction, including such overruns, remains in conformity with the
PROJECT plans and specifications as revised.
b. Such overruns do not exceed ten percent (10%) of that category within the
PROJECT plans and specifications as revised.
c. The SPONSOR or their representative immediately notify the
DEPARTMENT of such overruns and the estimated cost thereof.
d. That such on-site approval is necessary for the continuity in construction and
that obtaining approval prior to proceeding would cause a material interruption in the
PROJECT resulting in a significant increase in costs.
6. Any work or material that is determined by the DEPARTMENT not to be in
conformity with the plans, specifications, and contract documents, will be ineligible for
reimbursement with federal and state participating funds, or will be subject to a price adjustment
approved by the DEPARTMENT and the FAA.
7. Upon completion of the work in each construction contract and the acceptance thereof
by the SPONSOR, the SPONSOR or their designated representative shall give immediate written
notice to the DEPARTMENT.
8. 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.
9. In addition to the requirements of paragraph 8 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.
10. The SPONSOR will operate and maintain in a safe and serviceable condition the
Airport and all facilities thereon and connected therewith which are necessary to serve the
aeronautical users of the Airport other than facilities owned or controlled by the United States in the
Aero 1 3 of 4 May 13, 1996
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 1930 the contractor hereby agrees not to discriminate
against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges
of employment, or a matter directly or indirectly related to employment, because of a disability that is unrelated
to the individual's ability to perform the duties of a particular job or position. A breach of the above covenants
shall be regarded as a material breach of this contract.
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set
forth in this contract is to be performed, shall contain a covenant the same as hereinabove set forth in Section
1 of this Appendix.
3. The contractor will take affirmative action to insure that applicants for employment and employees are treated
without regard to their race, color, religion, national origin, age, sex, height, weight, marital status or a
disability that is unrelated to the individual's ability to perform the duties of a particular job or position. Such
action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship.
4. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to race,
color, religion, national origin, age, sex, height, weight, marital status or disability that is unrelated to the
individual's ability to perform the duties of a particular job or position.
5. The contractor or his collective bargaining representative will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other contract or understanding, a notice
advising the said labor union or workers' representative of the contractor's commitments under this appendix.
6. The contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan
Civil Rights Commission which may be in effect prior to the taking of bids for any individual state project.
7. The contractor will furnish and file compliance reports within such time and upon such forms as provided by
the Michigan Civil Rights Commission, said forms may also elicit information as to the practices, policies,
program, and employment statistics of each subcontractor as well as the contractor himself, and said contractor
will permit access to his books, records, and accounts by the Michigan Civil Rights Commission and/or its
agent, for purposes of investigation to ascertain compliance with this contract and relevant with rules,
regulations, and orders of the Michigan Civil Rights Commission.
8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor
has not complied with the contractual obligations under this agreement, the Civil Rights Commission may, as
part of its order based upon such findings, certify said findings to the Administrative Board of the State of
Michigan, which Administrative Board may order the cancellation of the contract found to have been violated
and/or declare the contractor ineligible for future contracts with the state and its political and civil subdivisions,
departments, and officers, and including the governing boards of institutions of higher education, until the
contractor complies with said order of the Civil Rights Commission. Notice of said declaration of future
ineligibility may be given to any or all of the persons with whom the contractor is declared ineligible to
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:
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 a means of enforcing such provisions including sanctions
for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the
Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may
request the United States to enter into such litigation to protect the interests of the United States.
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.
I. 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)
-1-
11. All site elevations on Airport Layout Plan (ALP) revisions and proposals for construction clearance will
be within +/-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 $100,000, 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 $100,000, require a bid guarantee of 5%, a performance bond of 100%, and a
payment bond of 100%.
7. All contracts exceeding $100,000 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.
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.
Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
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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 be
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. If appropriate, all pay reduction
factors required by the specifications will be applied in computing final payments and a summary of pay
reductions will be available to FAA.
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.
Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
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(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 sha.: 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.
Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
(3)
Terms and Conditions of Accepting Airport Improvement Program Grams (January 2001)
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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.
III. Assurances (dated 9/1/99)
A. General.
I. 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.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The
preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed
within a facility or the useful life of the facilities developed or equipment acquired under an airport
development or noise compatibility program project shall be no less than ten (10) years from the date of
acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only
Assurances 1,2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section 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:
Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
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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).'
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and federally assisted contracting requirements))
h. 49 CFR Part 18- Uniform administrative requirements for grants and cooperative agreements
to state and local governments.)
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.0
m. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in Department of
Transportation Programs.
Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
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4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to
the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary
that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor, it
holds good title satisfactory to the Secretary to that portion of the property upon which Federal
funds will be expended or will give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and
powers necessary to perform any or all of the terms, conditions, and assurances in the grant
agreement without the written approval of the Secretary, and will act promptly to acquire,
extinguish or modify any outstanding rights or claims of right of others which would interfere
with such performance by the sponsor. This shall be done in a manner acceptable to the
Secretary.
b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other
interests in the property shown on Exhibit A to this application or, for a noise compatibility
program project, that portion of the property upon which Federal funds have been expended,
for the duration of the terms, conditions, and assurances in the grant agreement without
•. approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title
• 49, United States Code, to assume the obligations of the grant agreement and to have the power,
authority, and financial resources to carry out all such obligations, the sponsor shall insert in the
contract or document transferring or disposing of the sponsor's interest, and make binding upon
the transferee all of the terms, conditions, and assurances contained in this grant agreement.
c. For all noise compatibility program projects which are to be carried out by another unit of local
government or are on property owned by a unit of local government other than the sponsor, it
will enter into an agreement with that government . Except as otherwise specified by the
Secretary, that agreement shall 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. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that
the airport will continue to function as a public-use airport in accordance with these assurances
for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person
other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights
and authority to insure that the airport will be operated and maintained in accordance Title 49,
Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
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supplied by other sources, and such other financial records pertinent to the project. The
accounts and records shall be kept in accordance with an accounting system that will facilitate
an effective audit in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United States, or any
of their duly authorized representatives, for the purpose of audit and examination, any books,
documents, papers, and records of the recipient that are pertinent to the grant. The Secretary
may require that an appropriate audit be conducted by a recipient. In any case in which an
independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds
of a grant or relating to the project in connection with which the grant was given or used, it shall
file a certified copy of such audit with the Comptroller General of the United States not later than
six (6) months following the close of the fiscal year for which the audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects
funded under the grant agreement which involve labor, provisions establishing minimum rates of wages,
to be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40
U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates
shall be stated in the invitation for bids and shall be included in proposals or bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant
• agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor
(except in executive, administrative, and supervisory positions), preference shall be given to Veterans of
• the Vietnam era and disabled 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.
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.
Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
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or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future
airport hazards.
21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of
zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities
and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In
addition, if the project is for noise compatibility program implementation, it will not cause or permit any
change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of
the noise compatibility program measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without
unjust discrimination to all types, kinds and classes of aeronautical activities, including
commercial aeronautical activities offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the
airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical
activity for furnishing services to the public at the airport, the sponsor will insert and enforce
provisions requiring the contractor to:
(1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof,
and
(2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that
the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or
other similar types of price reductions to volume purchasers.
c. . Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and
other charges as are uniformly applicable to all other fixed-based operators making the same or
similar uses of such airport and utilizing the same or similar facilities.
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 of another air
carrier tenant) shall be subject to such nondiscriminatory and substantially comparable 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 nonsignatory carriers.
Classification or status as tenant or signatory shall not be unreasonably withheld by any airport
provided an air carrier assumes obligations substantially similar to those already imposed on air
carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person, firm,
or corporation operating aircraft on the airport from performing any services on its own aircraft
with its own employees [including, but not limited to maintenance, repair, and fueling] that it
may choose to perform.
Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
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I I
Provided, however, that if covenants or assurances in debt obligations issued before September
3, 1932, by the owner or operator of the airport, or provisions enacted before September 3, 1982,
in governing statutes controlling the owner or operator's financing, provide for the use of the
revenues from any of the airport owner or operator's facilities, including the airport, to support
not only the airport but also the airport owner or operator's general debt obligations or other
facilities, then this limitation on the use of all revenues generated by the airport (and, in the case
of a public airport, local taxes on aviation fuel) shall not apply.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct
that the audit will review, and the resulting audit report will provide an opinion concerning, the
use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or
transferred to the owner or operator are paid or transferred in a manner consistent with Title
49, United States Code and any other applicable provision of law, including any regulation
promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in
accordance with the provisions of Section 47107 of Title 49, United States Code.
26. Reports and Inspections. It will:
a. - submit to the Secretary such annual or special financial and operations reports as the Secretary
may reasonably request and make such reports available to the public; make available to the
public at reasonable times and places a report of the airport budget in a format prescribed by
the Secretary;
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 format 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:
(1) 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, if the use by
Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use,
for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary,
or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government
aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the
Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
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A
1
of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession
of the property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the
land, when the land is no longer needed for such purposes, at fair market value, at the earliest
practicable time. That portion of the proceeds of such disposition which is proportionate to the
United States' share of acquisition of such land will, at the discretion of the Secretary, 1) be paid
to the Secretary for deposit in the Trust Fund, or 2) be reinvested in an approved noise
compatibility project as prescribed by the Secretary.
b. (1) For land purchased under a grant for airport development purposes (other than noise
compatibility), it will, when the land is no longer needed for airport purposes, dispose of such
land at fair market value or make available to the Secretary an amount equal to the United
States' proportionate share of the fair market value of the land. That portion of the proceeds of
such disposition which is proportionate to the United States' share of the cost of acquisition of
such land will, (a) upon application to the Secretary, be reinvested in another eligible airport
improvement project or projects approved by the Secretary at that airport or within the national
airport system, or (b) be paid to the Secretary for deposit in the Trust Fund if no eligible project
exists.
(2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may
be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer
land, and (b) the revenue from interim uses of such land contributes to the financial self-
sufficiency of the airport. Further, land purchased with a grant received by an airport operator
or owner before December 31, 1987, will be considered to be needed for airport purposes if the
Secretary or Federal agency making such grant before December 31, 1987, was notified by the
operator or 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
are compatible with noise levels associated with operation of the airport.
32. Engineering and Design Services. It will award each contract, or sub-contract for program management,
construction management, planning studies, feasibility studies, architectural services, preliminary
engineering, 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 AIP 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)
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I .
1. NUMBER TITLE
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 Aids
150/5340-23 Supplemental Wind Cones
150/5340:724 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 Monitors
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
. . eflective Markers
150/5345-42 Specification for Airport Light Bases, _Transformer Housings, Junction
Boxes and Accessories
150/5345-43 Specification for Obstruction Lighting Equipment
150/5345-44 Specification for Taxiway and Runway Signs
150/5345-45 Lightweight Approach Light Structure
150/5345-46 Specification for Runway and Taxiway Light Fixtures
150/5345-47 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 & Graphics
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 Heliport Design
Terms and Conditions of Accepting Airport Improvement Program G:ants (January 2001)
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, • I N
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:
I. 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 amendedfrom 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 of race, color, or national origin in the selection and retention of subcontractors,
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 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 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.
Where 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 FAA, 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:
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 ofProvisions. The contractor shall include the provisions ofparagraphs 1 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 constnict 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.
Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001)
-25-
•
g 411
Federal financial assistance under such program will comply with all requirements imposed or pursuant to the
Act, the Regulations, and this assurance.
H. 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 of and 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)
-27-
Ifr k
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.
For compliance with the Airport Improvement Program (AIP) assurances, pavements
2 of 5
" t IF 1
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. PROJECTS WHICH CONTAIN PAVING WORK IN EXCESS OF $250,000. The Sponsor
agrees to perform the following:
a. Furnish a construction management program to FAA prior to the start of construction
which shall detail the measures and procedures to be used to comply with the quality
control provisions of the construction contract, including, but not limited to, all
quality control provisions and tests required by the Federal specifications. The
program shall include as a minimum:
(1) The name of the person representing the Sponsor who has overall
responsibility for contract administration for the project and the authority to
take necessary actions to comply with the contract.
(2) Names of testing laboratories and consulting engineer firms with quality
control responsibilities on the project, together with a description of the
services to be provided.
Procedures for determining that testing laboratories meet the requirements of
the American Society of Testing and Materials standards on laboratory
evaluation, referenced in the contract specifications (D 3666, C 1077).
(4) Qualifications of engineering supervision and construction inspection
personnel.
(3)
4. of 5
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 made since the previotrs
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 retai nage,
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.
FINANCE COMMITTEE
FISCAL NOTE (MR #02 144) June 13, 2002
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: CENTRAL SERVICES - OAKLAND COUNTY INTERNATIONAL AIRPORT - 2002
GRANT PROGRAM ACCEPTANCE - CONSTRUCTION OF APRON/WIDEN, EXTEND AND
OVERLAY TAXIWAYS/REMOVAL OF RUNWAY 4/22
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 a contract for the Michigan
Department of Transportation Grant, Contract No. 2002-0509,
Project No. C-26-0079-3101, for Federal funds for
development and improvement at the Oakland County
International Airport.
2. The project consists of construction of apron; widen,
extend and overlay taxiways; and removal of Runway 4/22.
3. The grant includes Federal funding of $774,000, State
funding of $43,000 and a local grant match of $43,000, for
a total project amount of $860,000.
4. The total grant contract is not to exceed $860,000.
5. The Michigan Department of Transportation shall act as
agent on behalf of the County in the administration of the
project.
6. The Oakland County grant match in the amount of $43,000
will be paid from existing Airport Fund resources. No
budget amendment is required at this time as the grant is a
capital grant, and the $43,000 grant match will be part of
the asset.
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Obrecht and Taub
absent.
G. William Caddell, County Clerk
Resolution #02144 June 13, 2002
Moved by Palmer supported by Suarez the resolutions on the Consent Agenda be adopted (with
accompanying reports being accepted).
AYES: Appel, Brian, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield,
Gregory, Law, Melton, Middleton, Moffitt, Moss, Palmer, Patterson, Suarez, Taub, Webster, Amos.
(21)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted (with
accompanying reports being accepted).
1-1 FRFAPRUVE-711F 1,7(4-;Fi(.oja RESOLuT
/ L. Patti:rim—County Exutive Date
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on June 13, 2002,
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 13th day of June, 2002.