HomeMy WebLinkAboutResolutions - 2005.06.16 - 27871June 16, 2005
REPORT (misc. 105108)
BY: PLANNING AND BUILDING COMMITTEE, CHARLES PALMER, CHAIRPERSON
RE: DEPARTMENT OF CENTRAL SERVICES — OAKLAND COUNTY INTERNATIONAL
AIRPORT 2005 GRANT PROGRAM ACCEPTANCE — RELOCATION OF
WILLIAMS LAKE ROAD
TO: OAKLAND COUNTY BOARD OF COMMISSIONER'S
Chairperson, Ladies and Gentlemen:
The Planning & Building Committee having reviewed the above mentioned resolution on
June 7, 2005 Reports to the Board with the recommendation the resolution be adopted.
Chairperson, on behalf of the Planning & Building Committee, I move the acceptance of
the foregoing report.
Planning & Building Committee
Planning & Building Committee Vote:
Motion carried on unanimous roll call vote.
MISCELLANEOUS RESOLUTION #05 108 June 16, 2005
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES — OAKLAND COUNTY INTERNATIONAL AIRPORT —
2005 GRANT PROGRAM ACCEPTANCE — RELOCATION OF WILLIAMS LAKE ROAD
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. 2005-0265, Federal Project No. C-26-0079-3804. for Federal funds in the amount of $2,750,000,
and State funds in the amount of $601,563, for the development and improvement of Oakland County
International Airport; and
WHEREAS the project consists of a portion of the construction costs for the relocation of Williams
Lake Road; and
WHEREAS the Michigan Department of Transportation shalt 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 $85,937, which is available from the airport fund; and
WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the grant
contract; and
WHEREAS the attached contract has been approved in accordance with the County Executive's
review process; and
WHEREAS no application was requested from Oakland County; therefore, the application provisions
of MR. #95098, do not apply.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts
the grant contract in an amount not to exceed $3,437,500.
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
LA PoittA
General Government Committee Vote:
Motion carried on a roll call vote with Crawford absent.
I.
Pam Worthington
From: Greg Givens [givensg@co.oaklandmi.us )
Sent: Friday, May 27, 2005 4:30 PM
To: Doyle, Larry; Shull, Pat; Randall, Karl; Falardeau, Nancy
Cc: Frederick, Candace; Smith, Laveme; Mitchell, Sheryl; Pardee, Mary; Hanger, Helen; Wenzel,
Nancy; Johnston, Brenthy; Worthington, Pam
Subject: GRANT REVIEW- Central Services / Aviation
GRANT REVIEW - Central Services / Aviation
GRANT NAME: Relocation of Williams Lake Road - Oakland County
International Airport
FUNDING AGENCY: Michigan Department of Transportation / Bureau of
Aeronautics
DEPARTMENT CONTACT PERSON: Karl Randall / Patricia Shull 248/666-3900
STATUS: Acceptance
DATE: May 27, 2005
Pursuant to Misc. Resolution #01320, please be advised the captioned
grant materials have completed internal grant review. Below are the
comments returned by review departments.
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.
Department of Management and Budget:
Approved.- Laurie Van Pelt ;5/23/2005)
Department of Human Resources:
Approved. - Nancy Scarlet (5/25/2005)
Risk Management and Safety:
Approved. - Gerald Mathews (5/24/2005
Corporation Counsel:
There are no outstanding issues concerning this grant. - Joellen
Shortley (5/27/2005)
1
CONTRACT NO. 2005-0265
FEDERAL PROJECT NO. C-26-0079-3804
AGENDA: DAB
MICHIGAN DEPARTMENT OF TRANSPORTATION
COUNTY OF OAKLAND
CONTRACT FOR A FEDERAL/STATE/LOCAL
AIRPORT PROJECT
UNDER THE BLOCK GRANT PROGRAM
This Contract is made and entered into this date of by and between
the Michigan Department of Transportation, hereinafter referred to as the "DEPARTMENT," and
County of Oakland, 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 March 29, 2005,
attached hereto and made a part hereof.
PROJECT DESCRIPTION: RELOCATION OF WILLIAMS LAKE ROAD.
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. The PROJECT COST will also include administrative
1 5/13/05 PUBLIC BLOCK GRANT v9w
costs incurred by 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
expertise. The consultant will be selected in conformity with FAA Advisory Circular
15015100-14. The DEPARTMENT will select the consultant for each element of the
PROJECT involving preparation of environmental documentation. The SPONSOR will
select the consultant for all other aspects of the PROJECT. All consultant contracts will
be submitted to the DEPARTMENT for review and approval. Any such approvals will
not be construed as a warranty of the consultant's qualifications, professional standing,
ability to perform the work being subcontracted, or financial integrity. The SPONSOR
will neither award a consultant contract nor authorize the consultant to proceed prior to
receiving written approval of the contract from the DEPARTMENT. Any change to the
consultant contract will require prior written approval from the DEPARTMENT. In the
event that the consultant contract is terminated, the SPONSOR will give immediate
written notice to the DEPARTMENT.
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 that they are submitted
within one hundred eighty (180) days of the date the costs were incurred or within one
hundred eighty (180) days of the date of award of this Contract by the parties, whichever
is later. Documentation of payment 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 under this Contract.
4. With regard to audits and record-keeping,
a. The SPONSOR will establish and maintain accurate records, in accordance with
generally accepted accounting principles, of all expenses incurred for which
payment is sought or made under this Contract, said records to be hereinafter
referred to as the "RECORDS." Separate accounts will be established and
maintained for all costs incurred under this Contract.
5/13/05 2 PUBLIC BLOCK GRANT v9w
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.
Agencies expending a total of Five Hundred Thousand Dollars
($500,000.00) or more in federal funds from one or more funding sources
in their 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.
Agencies expending less than Five Hundred Thousand Dollars
($500,000.00) 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.
iii. Address: Michigan Department of Transportation
Multi-Modal Transportation Services Bureau (Aeronautics)
2700 East Airport Service Drive
Capital City Airport
Lansing, MI 48906-2060
iv. Agencies must also comply with applicable state laws and regulations
relative to audit requirements.
v. 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.
vi. All agencies are subject to the federally-required monitoring activities,
which may include limited scope reviews and other on-site monitoring.
5/13/05 3 PUBLIC BLOCK GRANT v9w
vii. The federal award associated with this Contract is CFDA Airport
Improvement Program number 20.106, Federal Project Number C-26-
0079-3804, award year 2004, Federal Aviation Administration,
Department of Transportation.
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.
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 provision is a requirement of 49 CFR, Part 26, as amended, and
does not confer third-party beneficiary right or other direct right to a subcontractor
against the DEPARTMENT. This provision applies to both Disadvantaged Business
Enterprise (DBE) and non-DBE subcontractors.
The SPONSOR further agrees that it will comply with 49 CFR, Part 26, as amended, and
will report any and all DBE subcontractor payments to the DEPARTMENT semi-
5/13/05 4 PUBLIC BLOCK GRANT v9w
annually 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, 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
a part hereof.
THE DEPARTMENT WILL:
8. Bill the SPONSOR for the SPONSOR's share of the estimated PROJECT COST. The
DEPARTMENT will bill the SPONSOR for the SPONSOR's share of additional
estimated PROJECT COSTS for changes approved in accordance with Section 14 at the
time of award of the amendment for approved work.
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.
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 $2,750,000.00
Maximum DEPARTMENT Share $601,563.00
SPONSOR Share $85,937.00
Estimated PROJECT COST $3,437,500.00
5/13/05 5 PUBLIC BLOCK GRANT Ow
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-five percent
(95%) up to and not to exceed the maximum federal obligations shown in Section 11 or
as revised in a budget letter, as set forth in Section 14. Those parts beyond the federal
funding maximum may be eligible for state funds at a rate not to exceed ninety percent
(90%) up to and not to exceed the maximum DEPARTMENT obligation shown in
Section 11.
For portions of the PROJECT where only DEPARTMENT and SPONSOR funds will be
applied to the final settlement, DEPARTMENT funds will be at a rate not to exceed
ninety percent (90%), and the total DEPARTMENT funds applied toward the PROJECT
COST may be up to but will not exceed the maximum DEPARTMENT obligations
shown in Section 11 or as revised in a budget letter, as set forth in Section 14. Any items
of PROJECT COST not funded by FAA or DEPARTMENT funds will be the sole
responsibility of the SPONSOR.
DEPARTMENT funds in this Contract made available through legislative appropriation
are based on projected revenue estimates. The DEPARTMENT may reduce the amount
of this Contract if the revenue actually received is insufficient to support the
appropriation under which this Contract is made.
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 Multi-Modal Transportation
Services Bureau (Aeronautics).
A budget letter will also be used to add or delete work items from the PROJECT
description, provided that the costs do not exceed the maximum obligations of Section
11. If the total amount of the PROJECT COST exceeds the maximum obligations shown
in Section 11, the PROJECT scope will have to be reduced or a written amendment to
this Contract to provide additional funds will have to be awarded by the parties before the
work is started.
5/13/05 6 PUBLIC BLOCK GRANT Ow
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.
16. In the event that an audit performed by or on behalf of the DEPARTMENT indicates an
adjustment to the costs reported under this Contract or questions the allowability of an
item of expense, the DEPARTMENT will promptly submit to the SPONSOR a Notice of
Audit Results and a copy of the audit report, which may supplement or modify any
tentative findings verbally communicated to the SPONSOR at the completion of an audit.
Within sixty (60) days after the date of the Notice of Audit Results, the SPONSOR will
(a) respond in writing to the responsible Bureau of the DEPARTMENT indicating
whether or not it concurs with the audit report, (b) clearly explain the nature and basis for
any disagreement as to a disallowed item of expense, and (c) submit to the
DEPARTMENT a written explanation as to any questioned or no opinion expressed item
of expense, 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 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
5/13/05 7 PUBLIC BLOCK GRANT v9w
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.
17. This Contract will be in effect from the date of award through twenty (20) years.
18. Failure on the part of the SPONSOR to comply with any of the conditions in this
Contract may be considered cause for placing the SPONSOR in a state of noncompliance,
thereby making the SPONSOR ineligible for future federal and/or state funds until such
time as the noncompliance issues are resolved. In addition, this failure may constitute
grounds for cancellation of the PROJECT and/or repayment of all grant amounts on a pro
rata basis, if the PROJECT has begun. In this Section, pro rata means proration of the
cost of the PROJECT over twenty (20) years, if the PROJECT has not yet begun.
19. Any approvals, acceptances, reviews, and inspections of any nature by the
DEPARTMENT will not be construed as a warranty or assumption of liability on the part
of the DEPARTMENT. It is expressly understood and agreed that any such approvals,
acceptances, reviews, and inspections are for the sole and exclusive purposes of the
DEPARTMENT, which is acting in a governmental capacity under this Contract, and that
such approvals, acceptances, reviews, and inspections are a governmental function
incidental to the PROJECT under this Contract.
Any approvals, acceptances, reviews, and inspections by the DEPARTMENT will not
relieve the SPONSOR of its obligations hereunder, nor are such approvals, acceptances,
reviews, and inspections by the DEPARTMENT to be construed as a warranty as to the
propriety of the SPONSOR's performance, but are undertaken for the sole use and
information of the DEPARTMENT.
20. In connection with the performance of PROJECT work under this Contract, the parties
(hereinafter in Appendix A referred to as the "contractor") agree to comply with the State
of 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.
5/13/05 8 PUBLIC BLOCK GRANT v9w
21. In accordance with 1980 PA 278; MCL 423.321 et seq; MSA 17.458(22), et seq, the
SPONSOR, in the performance of this Contract, will not enter into a contract with a
subcontractor, manufacturer, or supplier listed in the register maintained by the 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.
22. With regard to claims based on goods or services that were used to meet the SPONSOR's
obligation to the DEPARTMENT under this Contract, the SPONSOR hereby irrevocably
assigns its right to pursue any claims for relief or causes of action for damages sustained
by the State of Michigan or the DEPARTMENT due to any violation of 15 USC,
Sections 1 - 15, and/or 1984 PA 274, MCL 445.771 - .788, excluding Section 4a, to the
State of Michigan or the DEPARTMENT.
The SPONSOR shall require any subcontractors to irrevocably assign their rights to
pursue any claims for relief or causes of action for damages sustained by the State of
Michigan or the DEPARTMENT with regard to claims based on goods or services that
were used to meet the SPONSOR's obligation to the DEPARTMENT under this Contract
due to any violation of 15 USC, Sections 1 - 15, and/or 1984 PA 274, MCL 445.771 -
.788, excluding Section 4a, to the State of Michigan or the DEPARTMENT as a third-
party beneficiary.
The SPONSOR shall notify the DEPARTMENT if it becomes aware that an antitrust
violation with regard to claims based on goods or services that were used to meet the
SPONSOR's obligation to the DEPARTMENT under this Contract may have occurred or
is threatened to occur. The SPONSOR shall also notify the DEPARTMENT if it
becomes aware of any person's intent to commence, or of commencement of, an antitrust
action with regard to claims based on goods or services that were used to meet the
SPONSOR's obligation to the DEPARTMENT under this Contract.
23. In any instance of dispute and/or litigation concerning the PROJECT, the resolution
thereof will be the sole responsibility of the party/parties to the contract that is/are the
subject of the controversy. It is understood and agreed that any legal representation of
the SPONSOR in any dispute and/or litigation will be the financial responsibility of the
SPONSOR.
24. 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.
5/13/05 9 PUBLIC BLOCK GRANT v9 w
25. 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.
26. In case of any discrepancies between the body of this Contract and any exhibit hereto, the
body of the Contract will govern.
5/13/05 10 PUBLIC BLOCK GRANT v9w
27. This Contract will become binding on the parties and of full force and effect upon signing
by the duly authorized representatives of the SPONSOR and the DEPARTMENT and
upon adoption of a resolution approving said Contract and authorizing the signature(s)
thereto of the respective representative(s) of the SPONSOR, a certified copy of which
resolution will be sent to the DEPARTMENT with this Contract, as applicable.
IN WITNESS WHEREOF, the parties have caused this Contract to be awarded.
COUNTY OF OAKLAND
By:
Title:
MICHIGAN DEPARTMENT OF TRANSPORTATION
By:
Title: Department Director
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EXHIBIT
OAKLAND COUNTY INTERNATIONAL AIRPORT
PONTIAC, MICHIGAN
Project No. C-26-0079-3804
March 29, 2005
Federal State Local Total
ADMINISTRATION $0 $0 $0 $0
DEPARTMENT-AERO $0 $0 $0 $0
LAND $0 $0 $0 $0
DESIGN $0 _ $0 $0 $0
$0 $0 $0 $0
CONSTRUCTION .$2,750,000 $601,563 $85,937 $3,437,500
Williams Lake Road Relocation $2,750,000 $601,563 $85,937 $3,437,500
CONTINGENCIES $0 $0 $0 $0
TOTAL. PROJECT BUDGET $2,750,000 $601,563 $85,937 $3,437,500
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 DEPARTMENTs
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".
In the event of the forfeiture of a proposal guaranty, in accordance with the
DEPARTMENT's applicable "General Provisions for Construction of Airports",
and upon receipt of a request from the SPONSOR the DEPARTMENT will
forward to the SPONSOR the forfeited proposal guaranty.
g.
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h. The DEPARTMENT is authorized to receive performance and lien bonds and
certificates of insurance on behalf of and in the name of the SPONSOR pursuant
to the requirements enumerated in the DEPARTMENTs applicable "General
Provisions for Construction of Airports".
The SPONSOR, upon presentation of the contract documents, by the
DEPARTMENT, and subject to the possible implementation of the exceptions
provided in paragraph h & c, above, will execute and return the appropriate
documents on or before a date to be set by the DEPARTMENT in accordance
with the DEPARTMENT's applicable "General Provisions for Construction of
Airports."
j. Upon receipt of the executed contract documents from the SPONSOR, the
DEPARTMENT will award the contract.
3. The DEPARTMENT is authorized by the SPONSOR, pursuant to this Contract, to
approve subcontracts, between the prime contractor and the subcontractor, on behalf of
the SPONSOR. Any such approvals shall not be construed as a warranty of the
subcontractor's qualifications, professional standing, ability to perform the work being
subcontracted, or financial integrity.
4. Should termination of a construction contract, pursuant to Section 80-09 of the
DEPARTMENT's applicable "General Provisions for Construction of Airports" occur,
the DEPARTMENT shall be given immediate written notice by the SPONSOR.
5. Any changes to the PROJECT plans and specifications made after receipt of bids requires
prior written approval of the DEPARTMENT and the FAA. The SPONSOR or their
representatives may request such changes by initiating a change order to the construction
contract in accordance with the "General Provisions for Construction of Airports" and the
DEPARTMENT's "Project Engineers Manual" for airport construction. Any change
orders determined to be significant by the DEPARTMENT shall require a prior written
amendment to this Contract.
In the event that during the course of PROJECT construction, it becomes necessary to
exceed estimated quantities of materials or labor, and it is not reasonable to obtain prior
consent from the DEPARTMENT without interrupting an ongoing construction activity,
the SPONSOR's on-site supervisor may approve such overruns and the DEPARTMENT
may share in the costs of such overruns only if all of the following conditions are met:
a. The construction, including such overruns, remains in conformity with the
PROJECT plans and specifications as revised.
Such overruns do not exceed ten percent (10%) of that category within the
PROJECT plans and specifications as revised.
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b. The SPONSOR or their representative immediately notify the DEPARTMENT of
such overruns and the estimated cost thereof.
c. 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 Multi-
Modal Transportation Services Bureau (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 State of Michigan, and will not permit any activity thereon which would
interfere with its use for airport purposes; provided that nothing herein shall be construed
as requiring the maintenance, repair, restoration, or replacement of any structure or
facility which is substantially damaged or destroyed due to any act of God or other
condition or circumstances beyond the control of the SPONSOR.
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11. The SPONSOR will, either by the acquisition and retention of easements or other
interests in or rights for the use of land or airspace, or by the adoption and enforcement of
zoning regulations, prevent the construction, erection, alteration or growth of any
structure, tree or other object in the approach areas of the runways of the Airport, which
would constitute an obstruction to air navigation according to the criteria or standards
prescribed in FAA Advisory Circulars.
For a period of twenty (20) years, the SPONSOR will make the airport available, as an
airport, for public use, to all types, kinds and classes of aeronautical use on fair and
reasonable terms and without unjust discrimination. Rates charged to aeronautical users
will be determined on the basis of the cost to the SPONSOR of providing the facility. In
any agreement, contract, lease, or other arrangement under which a right or privilege at
the airport is granted to any person, firm, or corporation to conduct or engage in an
approved non-aeronautical activity, the SPONSOR will charge fair market value for the
right to conduct such activity. During this period, all revenues generated by the airport,
for either aeronautical or non-aeronautical activities, will be expended for the capital or
operating costs of the airport; the local airport system; or other local facilities, which are
owned or operated by the SPONSOR and directly and substantially related to the actual
air transportation of passengers or property.
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APPENDIX A
PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS
In connection with the performance of work under this contract; the contractor agrees as follows:
1. In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees not to
discriminate against an employee or applicant for employment with respect to hire,
tenure, terms, conditions, or privileges of employment, or as a matter directly or
indirectly related to employment, because of race, color, religion, national origin, age,
sex, height, weight, or marital status. Further, in accordance with Act No. 220, Public
Acts of 1976 as amended by Act No. 478, Public Acts of 1980 the contractor hereby
agrees not to discriminate against an employee or applicant for employment with respect
to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or
indirectly related to employment, because of a disability that is unrelated to the
individual's ability to perform the duties of a particular job or position. A breach of the
above covenants shall be regarded as a material breach of this contract.
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a
portion of the work set forth in this contract is to be performed, shall contain a covenant
the same as hereinabove set forth in Section 1 of this Appendix.
3. The contractor will take affirmative action to insure that applicants for employment and
employees are treated without regard to their race, color, religion, national origin, age,
sex, height, weight, marital status or a disability that is unrelated to the individual=s
ability to perform the duties of a particular job or position. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
4. The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, national origin, age, sex, height,
weight, marital status or disability that is unrelated to the individual's ability to perform
the duties of a particular job or position.
5. The contractor or his collective bargaining representative will send to each labor union or
representative of workers with which he has a collective bargaining agreement or other
contract or understanding, a notice advising the said labor union or workers'
representative of the contractor's commitments under this appendix.
6. The contractor will comply with all relevant published rules, regulations, directives, and
orders of the Michigan Civil Rights Commission which may be in effect prior to the
taking of bids for any individual state project.
7. The contractor will furnish and file compliance reports within such time and upon such
forms as provided by the Michigan Civil Rights Commission, said forms may also elicit
information as to the practices, policies, program, and employment statistics of each
subcontractor as well as the contractor himself, and said contractor will permit access to
his books, records, and accounts by the Michigan Civil Rights Commission and/or its
agent, for purposes of investigation to ascertain compliance with this contract and
relevant with rules, regulations, and orders of the Michigan Civil Rights Commission.
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
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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.
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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 (Al?) 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.
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.
1. 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.
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.
Terms and Conditions (1/2001)
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 AIP standards are described in Advisory Circulars 150/5100-6, 150/5100-15, and 150/5 100-
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.
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 contained 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 AIP 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 will be obtained
from FAA.
7. All plans and specifications will incorporate applicable requirements and recommendations
set forth in the Federally-approved environmental finding.
8. 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 FAA. The coordinates will be verified and found consistent
with the dimensions shown on the project sketch/ALP. The coordinates will be in terms of
the North American Datum of 1983.
Terms and Conditions (1/2001) 2
II. 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 (1/2001) 3
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 recommend an amount for
the offer of just compensation. All written appraisals and review appraisal will be available
to FAA for review.
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.
Terms and Conditions (1/2001) 4
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. Al] 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. Al] 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.
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.
Terms and Conditions (1/2001) 5
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:
1. 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 (NEHRP)
including:
a. The 1991 International Conference of Building Officials (IBCO) 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 Montclair Road, 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 safety, 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:
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.
Terms and Conditions (1/2001) 6
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:
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).
General Conditions
A. The allowable costs of all AIP 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 fmal 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 AIP 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.
(1 )
(3)
Terms and Conditions (1/2001) 7
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 have 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.
If, during the life of an AIP funded project, the FAA determines that a grant amount exceeds the
expected needs of the sponsor by $25,000 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 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.
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 9/1199)
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.
Terms and Conditions (1/2001) 8
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 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.
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.'
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
d. Hatch Act - 5 U.S.C. 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
Title 42 U.S.C. 4601, et seq.1'2
f. National Historic Preservation Act of 1966- Section 106- 16 U.S.C. 470(0.1
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through
469c.1
Terms and Conditions (1/2001) 9
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq.
i. Clean Air Act, Pl. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1
1. 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, P.L. 95-341, as amended.
q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, pt seq.'
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1
s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.'
t. Copeland Antikickback Act - 18 U.S.C. 874.1
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, pt seq.2
x. Drug-Free Workplace Act of 1988 - 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.
Terms and Conditions (1/2001) 10
g.
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 flours 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).1
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. 1'2
m. 49 CFR Part 26 - Participation By Disadvantaged Business Enterprises in
Department of Transportation Programs.
n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and
activities receiving or 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).
P. 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.
q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new
building construction.'
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 Govenunents, and Non-Profit Organizations
These laws do not apply to airport planning sponsors.
2These laws do not apply to private sponsors.
Terms and Conditions (1/2001) 11
349 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local
Govenunents receiving Federal assistance. Any requirement levied upon State and
Local Governments by this regulation and circular shall also be applicable to
private sponsors receiving Federal assistance under Title 49, United States Code.
Specific assurances required to be included in grant agreements by any of the above laws,
regulations or circulars are incorporated by reference in the grant agreement.
2. Responsibility and Authority of the Sponsor
a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance
and carry out the proposed project; that a resolution, motion or similar action has
been duly adopted or passed as an official act of the applicant's governing body
authorizing the filing of the application, including all understandings and
assurances contained therein, and directing and authorizing the person identified as
the official representative of the applicant to act in connection with the application
and to provide such additional information as may be required.
b. Private Sponsor: It has legal authority to apply for the grant and to finance and
carry out the proposed project and comply with all terms, conditions, and
assurances of this grant agreement It shall designate an 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 Secretary that good title will be acquired.
b. For noise compatibility progi am 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.
Terms and Conditions (1/2001) 12
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, United States Code, the regulations and the
terms, conditions and assurances in the grant agreement and shall insure that such
arrangement also requires compliance therewith.
6. Consistency with Local Plans
The project is reasonably consistent with plans (existing at the time of submission of this
application) of public agencies that are authorized by the State in which the project is
located to plan for the development of the area surrounding the airport.
7. Consideration of Local Interest
It has given fair consideration to the interest of communities in or near where the project
may be located.
8. 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.
Terms and Conditions (1/2001) 13
9. Public Hearings
In projects involving the location of an airport, an airport runway, or a major runway
extension, it has afforded the opportunity for public hearings for the purpose of considering
the economic, social, and environmental effects of the airport or runway location and its
consistency with goals and objectives of such planning as has been carried out by the
community and it shall, when requested by the Secretary, submit a copy of the transcript of
such hearings to the Secretary. Further, for such projects, it has on its management board
either voting representation from the communities where the project is located or has
advised the communities that they have the right to petition the Secretary concerning a
proposed project.
10. Air and Water Quality Standards
In projects involving airport location, a major runway extension, or runway location it will
provide for the Governor of the state in which the project is located to certify in writing to
the Secretary that the project will be located, designed, constructed, and operated so as to
comply with applicable air and water quality standards. In any case where such standards
have not been approved and where applicable air and water quality standards have been
promulgated by the Administrator of the Environmental Protection Agency, certification
shall be obtained from such Administrator. Notice of certification or refusal to certify shall
be provided within sixty days after the project application has been received by the
Secretary.
11. Pavement Preventive Maintenance
With respect to a project approved after January 1, 1995, for the replacement or
reconstruction of pavement at the airport, it assures or certifies that it has implemented an
effective airport pavement maintenance-management 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 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
Terms and Conditions (1/2001) 14
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 (1/2001) 15
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.
g. 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.
Ii. 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 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
(3) Promptly notifying airmen of any condition affecting aeronautical use of
the airport.
Nothing contained herein shall be construed to require that the airport be operated
for aeronautical use during temporary periods when snow, flood or other climatic
conditions interfere with such operation and maintenance. Further, nothing herein
shall be construed as requiring the maintenance, repair, restoration, or replacement
of any structure or facility which is substantially damaged or destroyed due to an
act of God or other condition or circumstance beyond the control of the sponsor,
b. It will suitably operate and maintain noise compatibility program items that it owns
or controls upon which Federal funds have been expended.
Terms and Conditions (1/2001) 16
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 ha71rds.
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.
Terms and Conditions (1/2001) 17
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 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.
g.
Terms and Conditions (1/2001) 18
25. Airport Revenues
a. All revenues generated by the airport and any local taxes on aviation fuel
established after December 30, 1987, will be expended by it for the capital or
operating costs of the airport; the local airport system; or other local facilities
which are owned or operated by the owner or operator of the airport and which are
directly and substantially related to the actual air transportation of passengers or
property; or for noise mitigation purposes on or off the airport. Provided, however,
that if covenants or assurances in debt obligations issued before September 3, 1982,
by the owner or operator of the airport, or provisions enacted before September 3,
1982, in governing statutes controlling the owner or operator's financing, provide
for the use of the revenues from any of the airport owner or operator's facilities,
including the airport, to support not only the airport but also the airport owner or
operator's general debt obligations or other facilities, then this limitation on the use
of all revenues generated by the airport (and, in the case of a public airport, local
taxes on aviation fuel) shall not apply.
b. As part of the annual audit required under the Single Audit Act of 1984, the
sponsor will direct that the audit will review, and the resulting audit report will
provide an opinion concerning, the use of airport revenue and taxes in paragraph
(a), and indicating whether funds paid or transferred to the owner or operator are
paid or transferred in a manner consistent with Title 49, United States Code and
any other applicable provision of law, including any regulation promulgated by the
Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this
assurance in accordance with the provisions of Section 47107 of Title 49, United
States Code.
26. Reports and Inspections
It will:
a. submit to the Secretary such annual or special financial and operations reports as
the Secretary may reasonably request and make such reports available to the public;
make available to the public at reasonable times and places a report of the airport
budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and
documents affecting the airport, including deeds, leases, operation and use
agreements, regulations and other instruments, available for inspection by any duly
authorized agent of the Secretary upon reasonable request;
c. for 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;
all amounts paid by the airport to any other unit of government and the
purposes for which each such payment was made; and
(1)
Terms and Conditions (1/2001) 19
(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 us; 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 excess of five million pounds.
28. Land for Federal Facilities
It will furnish without cost to the Federal Government for use in connection with any air
traffic control or air navigation activities, or weather-reporting and communication activities
related to air traffic control, any areas of land or water, or estate therein, or rights in
buildings of the sponsor as the Secretary considers necessary or desirable for construction,
operation, and maintenance at Federal expense of space or facilities for such purposes. Such
areas or any portion thereof will be made available as provided herein within four months
after receipt of a written request from the Secretary.
29. Airport Layout Plan
a. It will keep up to date at 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 authorized representative of the Secretary on the face of the
Airport Layout Plan. The sponsor will not make or permit any changes or
alterations in the airport or any of its facilities which are 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
Terms and Conditions (1/2001) 20
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 fmancial
assistance is extended to the program, except where Federal financial assistance is to
provide, or is in the form of personal property or real property or interest therein or
structures or improvements thereon in which case the assurance obligates the sponsor or any
transferee for the longer of the following periods: (a) the period during which the property is
used for a purpose for which Federal financial assistance is extended, or for another purpose
involving the provision of similar services or benefits, or (b) the period during which the
sponsor retains ownership or possession of the property.
31. Disposal of Land
a. For land purchased under a grant for airport noise compatibility purposes, it will
dispose of the land, when the land is no longer needed for such purposes, at fair
market value, at the earliest practicable time. That portion of the proceeds of such
disposition which is proportionate to the United States' share of acquisition of such
land will, at the discretion of the Secretary,
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. 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,
(1) 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
(2) be paid to the Secretary for deposit in the Trust Fund if no eligible project
exists.
Land shall be considered to be needed for airport purposes under this assurance if it
may be needed for aeronautical purposes (including runway protection zones) or
serve as noise buffer land, and 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
(1)
Terms and Conditions (1/2001) 21
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 (1/2001) 22
CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS
Dated: 7/1/99
NUMBER TITLE
70/7460-1 Obstruction Marking and Lighting
Announcement of Availability--RTCA Inc., Document RTCA-221, Guidance and Recommended 150/5000-13 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
150/5210-13 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
1 ....
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
1
150/5300-13 Airport Design
150/5300-14 Design of Aircraft Deicing Facilities
150/5320 -5 Airport Drainage
150/5320-6 Airport Pavement Design and Evaluation
150/5320-12 Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces
150/5320-14 Airport Landscaping for Noise Control Purposes
150/5320-16 Airport Pavement Design for the Boeing 777 Airplane
Terms and Conditions (1/2001) 23
NUMBER TITLE
150/5325-4 Runway Length Requirements for Airport Design
150/5340-1 Standards for Airport Markings
—
150/5340-4 Installation Details for Runway Centerline Touchdown Zone Lighting Systems
150/5340-5 Segmented Circle Airport Marker System
150/5340-14 Economy Approach Lighting 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 Aids
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 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 reflective 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
Terms and Conditions (1/2001)
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
n
150/5345-51 Specification for Discharge-Type Flasher Equipment
_
150/5345-52 Generic Visual Glideslope Indicators (GVG1)
150/5345-53 Airport Lighting Equipment Certification Program
150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations
H
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
150/5390-3 Vertiport Design
150/5100-14 Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects
_
150/5200-30 Airport Winter Safety and Operations
150/5200-33 Hazardous Wildlife Attractants On or Near Airports
150/5300-15 Use of Value Engineering for Engineering Design of Airport Grant Projects
150/5370-11 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements
150/5370-12 Quality Control of Construction for Airport Grant Projects
Terms and Conditions (1/2001)
35. Relocation and Real Property Acquisition
a. 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.
b. 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.
c. 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 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).
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.
Terms and Conditions (1/2001) 26
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 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, 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. Solkitations 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.
Terms and Conditions (1/2001) 27
6. Incorporation of Provisions
The contractor shall include the provisions of paragraphs 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 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:
1. "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, eta) 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 Federally Assisted
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 of services thereon, no person on the
grounds of race, 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 Federally Assisted
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:
for the subsequent transfer of real property acquired or improved with Federal
financial assistance under this Project; and
b. 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.
Terms and Conditions (1/2001) 28
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 property or real property or interest therein or structures or improvements thereon, in
which case the assurance obligates the sponsor or any transferee for the longer of the following
periods.
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.
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 (1/2001) 29
Airport Name: Oakland County International Airport
Associated City: Pontiac, Michigan
Project No: C-26-0079-3804
APPENDIX F
SPECIAL CONDITIONS
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.
c. Future Interest in the Runway Protection Zone.
The Sponsor agrees that it will acquire fee title or easement interest in the
Runway Protection Zone(s) for Runway(s) that presently are not under their
control. Said interest shall provide the protection noted in above Subparagraphs a
and b.
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
- 1 -
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."
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 that would violate paragraphs a through c above
in their contracts or subcontracts pertaining to the projects under this grant.
6. PAVEMENT MAINTENANCE MANAGEMENT PROGRAM (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 the assurance in
Section III.C.11 of the "Terms and Conditions of Accepting Airport Improvement
Program Grants." The Sponsor shall use such program for the useful life of any
pavement constructed, reconstructed, or repaired with federal financial assistance at the
airport. An effective pavement maintenance management program is one that details the
procedures to be followed to assure that proper pavement maintenance, both preventive
and repair, is performed. An airport sponsor may use any form of inspection program it
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deems appropriate. As a minimum, the program must include the following:
a. Pavement Inventory. The following must be depicted in an appropriate form
and level of detail:
(1) location of all runways, taxiways, and aprons;
(2) dimensions;
(3) type of pavement, and;
(4) year of construction or most recent major rehabilitation.
For compliance with the Airport Improvement Program (AIP) assurances,
pavements that have been constructed, reconstructed, or repaired with federal
financial assistance shall be so depicted.
b. Inspection 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 (PC1) 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 recorded is listed is 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. AGENCY AGREEMENTS. The Sponsor will not amend, modify, or terminate the
agency relationship between the Sponsor, as principal, and the Michigan Aeronautics
Commission, as agency, created by the Agency Agreement without prior written approval
of the FAA.
8. PROJECTS WHICH CONTAIN PAVING WORK IN EXCF.SS 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.
A listing of all tests required by the contract specifications, including the
type and frequency of tests to be taken, the method of sampling, the
applicable test standard, and the acceptance criteria or tolerances permitted
for each type of test.
(6) Procedures for ensuring that the tests are taken in accordance with the
program, that they are documented daily, and that the proper corrective
actions, where necessary, are undertaken.
(3)
(5)
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b. Submit at completion of the project, a final test and quality control report
documenting the results of all tests performed, highlighting those tests that failed
or did not meet the applicable test standard. The report shall include the pay
reductions applied and the reasons for accepting any out-of-tolerance material.
An interim test and quality control report shall be submitted, if requested by the
FAA.
c. Failure to provide a complete report as described in paragraph b, or failure to
perform such tests, shall, absent any compelling justification, result in a reduction
in Federal participation for costs incurred in connection with construction of the
applicable pavement. Such reduction shall be at the discretion of the FAA and
will be based on the type or types of required tests not performed or not
documented and will be commensurate with the proportion of applicable
pavement with respect to the total pavement constructed under the grant
agreement.
The FAA, at its discretion, reserves the right to conduct independent tests and to
reduce grant payments accordingly if such independent tests determine that
sponsor test results are inaccurate.
DBE PLAN. It is understood and agreed by and between the parties hereto that the
Sponsor shall not issue any invitations for bids for work described on Page 1 of the Grant
Agreement, nor shall the United States be obligated to make payment representing its
share of the project cost, until the FAA has updated Disadvantaged Business Enterprises
Program goals as specified by the FAA, Great Lakes Region, Civil Rights Office letter
dated March 23, 1998.
According to the federal requirement 49 CFR Part 26, Participation by Minority Business
Enterprise in Department of Transportation Programs, recipients of FAA funds shall
submit overall DBE goal information annually. As recipient of this grant, the Sponsor
accepts this responsibility.
10. SPECIAL ENVIRONMENTAL MITIGATION MEASURE.. The Sponsor covenants
and agrees that all representations made in the environmental documentation with respect
to mitigation of environmental impacts, relative to the development described in the
project description on Page 1 hereof, and as more specifically identified in the
environmental document approved on April 29, 2005, are fully understood and will be
carried out. This includes, but is not necessarily limited to, the following commitments:
Special environmental mitigation as specified in the environmental assessment
and finding of no significant impact (FONSI).
5
Jane 1,2001 APPENDIX G
Prime Consultant Statement of DBE Subconsultant Payments
Information required in accordance with 49 CFR 26.37 to monitor progress of the prime consultant in meeting contractual obligations to DBEs _
PRIME CONSULTANT: OCHECK IF PRIME IS AUTHORIZATION NO. CONTRACT NO.
MDOT-DBE CERTIFIED
BILLING PERIOD: 0 Check if Final Payment .10B NO.
CUMULATIVE ACTUAL DBE
CERTIFIED DBE SERVICES TOTAL DOLLAR ACTUAL AMOUNT PAID AUTHORIZED
CONSULTANT WORK CONTRACT VALUE OF DEDUCTIONS AMOUNT DURING THIS SIGNATURE DATE
PERFORMED AMOUNT SERVICES PAID TO BILLING (Final Payment .
COMPLETED DATE PERIOD Report Only)
_
As the authorized representative of the above prime consultant, 1 state that, to the best of my knowledge. this information is true and accurate.
PRIME CONSULTANT'S AUTHORIZED REPRESENTATIVE TITLE DATE
(SIGNATURE):
1(11( \WM I SI. OM )
wiivitr IN:
4. ••
DATE: CONTRACT ADMINISTRATOR (Signature)
Specie note: "Prune Consultant or Authorized Representative refers to recipients of -federal funds as defined at 49-Code of l'ederal Regulations Part 26.
• • •
FISCAL NOTE (MISC. 105108) June 16, 2005
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: DEPARTMENT OF CENTRAL SERVICES - OAKLAND COUNTY INTERNATIONAL
AIRPORT - 2005 GRANT PROGRAM ACCEPTANCE - RELOCATION OF WILLIAMS LAKE
ROAD
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 No. 2005-0265, Federal Project No. C-
26-0079-3804, for Federal funds in the amount of $2,750,000
and State funds in the amount of $601,563, for Oakland
County International Airport.
2. The project consists of a portion of the construction costs
for the relocation of Williams Lake Road.
3. The Airport Committee has reviewed the project and
recommends acceptance of the grant contract.
4. The funding period of the grant is 36 months from the date
of the award.
5. The total cost for the project is $3,437,500 with
$2,750,000 (80%) of the cost from Federal funds, $601,563
(175%) of the cost from State funds, and $85,937 (2.5%)
from the Airport fund resources for the grant match.
6. The Michigan Department of Transportation shall act as
agent on behalf of the County in the administration of the
project.
7. No General Fund appropriation is required.
a. No budget amendment is necessary.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
Resolution #05108 June 16, 2005
Moved by Wilson supported by Coleman the resolutions on the Consent Agenda be adopted (with
accompanying reports being accepted).
AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Long,
Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson,
Woodward, Zack, Bullard. (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, Ruth Johnson, 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 16, 2005 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 16th day of June, 2005.
Ruth Johnson, County Clerk