HomeMy WebLinkAboutResolutions - 2006.03.22 - 28197March 23, 2006
REPORT (MISC. 106054)
BY: Planning and Building Committee, Charles Palmer, Chairperson
RE: Department of Central Services — Oakland/International Airport — 2006 Grant
Program Acceptance — Design Engineering
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee having reviewed the aforementioned Resolution
on March 14, 2006 Reports 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 a unanimous roll call vote:
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MISCELLANEOUS RESOLUTION #06 054 March 23, 2006
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES — OAKLAND COUNTY INTERNATIONAL AIRPORT —
2006 GRANT PROGRAM ACCEPTANCE — DESIGN ENGINEERING
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. 2006-0161, Federal Project No. B-26-0079-3905, for Federal funds in the amount of $80,000,
and State funds in the amount of $17,500, for the development and improvement of Oakland County
International Airport; and
WHEREAS the project consists of design engineering services for the Runway 9R extension, runway
safety area improvements, parallel taxiway, and a perimeter road; and
WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in
the administration of the project; and
WHEREAS the development project as offered and approved by the Michigan Department of
Transportation requires a local grant match of $2,500, 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 M.R. #95098, do not apply.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts
the grant contract in an amount not to exceed $100,000.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners
is authorized to execute the grant contract.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
GENERAL GOVERNMENT COMMITTEE:
Motion carried unanimously on a roll call vote.
Helen Hanger
From: Greg Givens [givensg@co.oakland.mi.us ]
Sent: Thursday, February 23, 2006 3:41 PM
To: Doyle, Larry; Stover, Michelle; Randall, Karl; Falardeau, Nancy
Cc: Frederick, Candace; Smith, Laverne; Mitchell, Sheryl; Pardee, Mary; Hanger, Helen; Wenzel,
Nancy; Johnston, Brenthy; Worthington, Pam
Subject: GRANT REVIEW - Central Services / IA
GRANT REVIEW - Central Services
GRANT NAME: 2006 Design Engineering - Oakland County International Airport FUNDING
AGENCY: Michigan Department of Transportation - Bureau of Aeronautics
DEPARTMENT CONTACT PERSON: Karl Randall / 248/666-3900
STATUS: Acceptance
DATE: February 23, 2006
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.
Please note the comments from Risk Management. This issue should be considered before
submission to the Board for acceptance.
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 (2/22/2006)
Department of Human Resources:
Approved. - Nancy Scarlet (2/22/2006)
Risk Management and Safety:
Approved by Risk Management with stipulation that all contractors shall be required to
provide all insurance, including professional liability, as required by Risk Management. -
Andrea Plotkowski (2/23/2006)
Corporation Counsel:
There are no outstanding legal issues with the...above grant. - Joellen Shortley (2/22/2006)
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CONTRACT NO. 2006-0161
FEDERAL PROJECT NO. B-26-0079-3905
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 January 26,
2006, attached hereto and made a part hereof.
PROJECT DESCRIPTION: DESIGN ENGINEERING SERVICES FOR THE RUNWAY
9R EXTENSION, RUNWAY SAFETY AREA IMPROVEMENTS, PARALLEL
TAXIWAY, AND A PERIMETER ROAD, AS FURTHER DEFINED IN CONTRACT
NO. FM 63-01-C98.
WITNES SETH:
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:
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1. The term "PROJECT COST," as herein used, is defined in Attachment(s) 16, attached
hereto and made a part hereof. The PROJECT COST will also include administrative
costs incurred by the DEPARTMENT in connection with the PROJECT. Administrative
costs incurred by the SPONSOR are not eligible PROJECT COSTS.
THE SPONSOR WILL:
2. Enter into a contract with a consultant for each element of the PROJECT that requires
expertise. The consultant will be selected in conformity with FAA Advisory Circular
150/5100-14. 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 the PROJECT COST will include copies of the invoices on
which the SPONSOR will write the amounts paid, the check numbers, the voucher
numbers, and the dates of the checks. Each invoice will be signed by an official of the
SPONSOR as proof of payment. The amount of the SPONSOR billing will be reduced by
the amount of the eligible credit, based on documentation submitted, provided it is
submitted prior to the date of the billing. Should it be determined that the SPONSOR has
been given credit for payment of ineligible items of work, the SPONSOR will 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
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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.
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.
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vi. All agencies are subject to the federally-required monitoring activities,
which may include limited scope reviews and other on-site monitoring.
vii. The federal award associated with this Contract is CFDA Airport
Improvement Program number 20.106, Federal Project Number B-26-
0079-3905, award year 2005, 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.
5. Provide and will require its subcontractors to provide access by the DEPARTMENT or
its representatives to all technical data, accounting records, reports, and documents
pertaining to this Contract. Copies of technical data, reports, and other documents will be
provided by the SPONSOR or its subcontractors to the DEPARTMENT upon request.
The SPONSOR agrees to permit representatives of the DEPARTMENT to inspect the
progress of all PROJECT work at any reasonable time. Such inspections are for the
exclusive use of the DEPARTMENT and are not intended to relieve or negate any of the
SPONSOR's obligations and duties contained in this Contract. All technical data, reports,
and documents will be maintained for a period of six (6) years from the date of final
payment.
6. The SPONSOR agrees to require all prime contractors to pay each subcontractor for the
satisfactory completion of work associated with the subcontract no later than ten (10)
calendar days from the receipt of each payment the prime contractor receives from the
DEPARTMENT or SPONSOR. The prime contractor also is required to return retainage
payments to each subcontractor within ten (10) calendar days after the subcontractor's
work is satisfactorily completed. Any delay or postponement of payment from these time
frames may occur only upon receipt of written approval from the DEPARTMENT.
These requirements are also applicable to all sub-tier subcontractors and will be made a
part of all subcontract agreements.
This prompt payment 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
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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-
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.
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Federal Share $80,000.00
Maximum DEPARTMENT Share $17,500.00
SPONSOR Share $2,500.00
Estimated PROJECT COST $100,000.00
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
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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.
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
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the DEPARTMENT to the SPONSOR under this Contract or any other agreement or
payable to the SPONSOR under the terms of 1951 PA 51, as applicable. Interest will be
assessed on any partial payments or repayment schedules based on the unpaid balance at
the end of each month until the balance is paid in full. The assessment of interest will
begin thirty (30) days from the date of the invoice. The rate of interest will be based on
the Michigan Department of Treasury common cash funds interest earnings. The rate of
interest will be reviewed annually by the DEPARTMENT and adjusted as necessary
based on the Michigan Department of Treasury common cash funds interest earnings.
The SPONSOR expressly consents to this withholding or offsetting of funds under those
circumstances, reserving the right to file a lawsuit in the Court of Claims to contest the
DEPARTMENT' s decision only as to any item of expense the disallowance of which was
disputed by the SPONSOR in a timely filed RESPONSE.
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.
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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.
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.
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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.
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.
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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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CONSTRUCTION $0 $0 $0 $0
CONTINGENCIES $0 $0 $0 $0
EXHIBIT 1
OAKLAND COUNTY INTERNATIONAL AIRPORT
PONTIAC, MICHIGAN
Project No. B-26-0079-3905
Contract No. FM 63-01-C98
January 26, 2006
Federal State Local Total
ADMINISTRATION $400 $88 $12 $500
DEPARTMENT-AERO $400 $88 $12 $500
LAND $0 $0 $0 $0
DESIGN $79,600 $17,412 $2.488 $99.500
Runway 9R extension, RSA, parallel taxiway and perimeter road
AERO-Design $3,257 $712 $102 $4,071
CONSULTANT-Design $76,343 $16,700 $2,386 $95,429
TOTAL PROJECT BUDGET $80,000 $17,500 $2,500 $100,000
ATTACHMENT 16
SUPPLEMENTAL PROVISIONS FOR FEDERAL/STATE/LOCAL CONTRACTS
INVOLVING ONLY PRELIMINARY/DESIGN ENGINEERING
AT ALL CLASSIFICATIONS OF AIRPORTS
1. The term "PROJECT COST" shall include the cost of the consultant hired to do
preliminary/design engineering for a future projects.
2. 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.
3. In addition to the requirements of paragraph 2 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 or any portion thereof, as the case may be, and/or all facilities
thereon. Fair market value shall be determined by an independent appraisal of such properties
prepared by an appraiser on the DEPARTMENT'S list of approved appraisers.
The notice of intent and first right to purchase shall be provided via registered or certified
mail, return receipt, postage prepaid, addressed to the Bureau Director of the Multi-Modal
Transportation Services Bureau (Aeronautics), Michigan Department of Transportation.
4. 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.
5. 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.
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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.
8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its
rules, that a contractor has not complied with the contractual obligations under this
agreement, the Civil Rights Commission may, as part of its order based upon such
findings, certify said findings to the Administrative Board of the State of Michigan,
which Administrative Board may order the cancellation of the contract found to have
been violated and/or declare the contractor ineligible for future contracts with the state
and its political and civil subdivisions, departments, and officers, and including the
governing boards of institutions of higher education, until the contractor complies with
said order of the Civil Rights Commission. Notice of said declaration of future
ineligibility may be given to any or all of the persons with whom the contractor is
declared ineligible to contract as a contracting party in future contracts. In any case
before the Civil Rights Commission in which cancellation of an existing contract is a
possibility, the contracting agency shall be notified of such possible remedy and shall be
given the option by the Civil Rights Commission to participate in such proceedings.
9. The contractor will include, or incorporate by reference, the provisions of the foregoing
paragraphs (1) through (8) in every subcontract or purchase order unless exempted by the
rules, regulations or orders of the Michigan Civil Rights Commission, and will provide in
every subcontract or purchase order that said provisions will be binding upon each
subcontractor or seller.
March 1998
Appendix B
(A e r o naut ics)
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 (AIP) grants
from the Federal Aviation Administration (FAA) for the purpose of carrying out the provisions of Title 49,
United States Code. These terms and conditions become applicable when the sponsor accepts a Grant
Offer from the FAA that references this document. The terms and conditions may be unilaterally
amended by the FAA, by notification in writing, and such amendment will only apply to grants accepted
after notification.
I. Certifications
Section 47105(d), Title 49 of the United States Code authorizes the Secretary to require certification
from sponsors that they will comply with statutory and administrative requirements. The following
list of certified items includes major requirements for this aspect of project implementation.
However, the list is not comprehensive, nor does it relieve sponsors from fully complying with all
applicable statutory and administrative standards. In accepting a grant, the sponsor certifies that
each of the following items will be complied with in the performance of grant agreements. If a
certification cannot be met for a specific project, the sponsor must fully explain in an attachment to
the project application.
A. Sponsor Certification for Selection of Consultants
General procurement standards for consultant services within Federal grant programs are
described in 49 CFR 18.36. Sponsors may use other qualifications-based procedures provided
they are equivalent to specific standards in 49 CFR 18 and Advisory Circular 150/5100-14.
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 $100,000.
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.
Terms and Conditions of Accepting Airport Improvement Program Grants (June 2005) Page 1 of 30
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.
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
150/5100-16. 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.
1. 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.
Terms and Conditions of Accepting Airport Improvement Program Grants (June 2005) Page 2 of 30
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.
11. All site elevations on Airport Layout Plan (ALP) revisions and proposals for construction
clearance will be within +/-0.1 foot vertically and the vertical datum will be in terms of
the National Geodetic Vertical Datum of 1929.
C. Sponsor Certification for Equipment/Construction Contracts
Standards for advertising and awarding equipment and construction contracts within Federal
grant programs are described in 49 CFR 18.36. Sponsors may use their procurement
procedures reflecting State and local laws or regulations provided procurements conform to
specific standards in 49 CFR 18 and Advisory Circulars 150/5100-6, 150/5100-15, and 150-
5100-16.
1. A code or standard of conduct will be in effect governing the performance of the
sponsor's officers, employees, or agents in soliciting and awarding procurement
contracts.
2. Qualified personnel will be engaged to perform contract administration, engineering
supervision, and construction inspection and testing on all projects.
3. All procurement will be publicly advertised using the competitive sealed bid method of
procurement. If procurement is less than $100,000, project may use three (3) quote
method.
4. All requests for bids will clearly and accurately describe all administrative and other
requirements of the equipment and/or services to be provided.
5. Concurrence will be obtained from FAA prior to contract award under any of the
following circumstances:
a. Only one qualified person/firm submits a responsive bid,
b. The contract is to be awarded to other than the lowest responsive and responsible
bidder,
c. Life cycle costing is a factor in selecting the lowest responsive bidder,
Terms and Conditions of Accepting Airport Improvement Program Grants (June 2005) Page 3 of 30
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.
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.
Terms and Conditions of Accepting Airport Improvement Program Grants (June 2005) Page 4 of 30
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.
12. If displacement of persons, businesses, farm operations, or nonprofit organizations is
involved, a relocation assistance program will be established. Displaced persons will
receive general information in writing on the relocation program, notice of relocation
eligibility, and a 90 day notice to vacate.
13. Relocation assistance services, comparable replacement housing, and payment of
necessary relocation expenses will be provided within a reasonable time period for
displaced occupant in accordance with the Uniform Act.
E. Sponsor Certification for Construction Project Final Acceptance
General requirements for final acceptance and close-out of Federally funded construction
projects are in 49 CFR 18.50. The sponsor shall determine that project costs are accurate and
proper in accordance with specific requirements of the Grant Agreement and contract
documents.
1. All personnel engaged in project administration, engineering supervision, and
construction inspection and testing will be determined to be qualified and competent to
perform the work.
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2. 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).
3. All complaints regarding the mandated Federal provisions set forth in the contract
documents will be submitted to the Department of Labor.
4. All tests specified in the plans and specifications will be performed and the test results
documented. A summary of test results will be available to FAA.
5. For all test results outside allowable tolerances, appropriate corrective actions will be
taken.
6. 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.
7. 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.
8. All final project inspections will be conducted with representatives of the sponsor and
the contractor. Project files will contain documentation of the final inspection.
9. 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.
10. 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.
11. All applicable close-out financial reports will be submitted to FM 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.
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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.
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.
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e. Notifying the agency in writing, within ten calendar days after receiving notice
under paragraph d(2) from an employee or otherwise receiving actual notice of
such conviction. Employers of convicted employees must provide notice including
position title, to every grant officer or other designee on whose grant activity the
convicted employee was working, unless the Federal agency has designated a
central point for the receipt of such notices. Notices shall include the identification
number(s) of each affected grant.
f. Taking one of the following actions, within 30 calendar days of receiving notice
under paragraph d(2) with respect to any employee who is so convicted:
(1) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation
Act of 1973, as amended.
(2) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State or local health, law enforcement, or other appropriate agency.
Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs (a), (b), (c), (d), (e), and (f).
II. 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 final
audits of the total arnount 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.
(3)
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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.
H. If, during the life of an AIP funded project, the FAA determines that a grant amount exceeds
the expected needs of the sponsor by $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. For non-primary airports, with
the exception of planning projects, FAA may increase a grant to cover the amount of overrun
by not more than fifteen percent (15%) of the original grant amount for development and not
more than fifteen (15%) percent of the original grant portion pertaining to land 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. 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.
I. If requested by the sponsor and authorized by the FAA, the letter of credit method of
payment may be used. It is understood and agreed that the sponsor agrees to request cash
withdrawals on the letter of credit only when actually needed for its disbursements and to
timely reporting of such disbursements as required. It is understood that failure to adhere to
this provision may cause the letter of credit to be revoked.
J. Unless otherwise approved by the FAA, it will not acquire or permit any contractor or
subcontractor to acquire any steel or manufactured products produced outside the United
States to be used for any project for airport development or noise compatibility for which
funds are provided under this grant. The sponsor will include in every contract a provision
implementing this condition.
Terms and Conditions of Accepting Airport Improvement Program Grants (June 2005) Page 9 of 30
III. Assurances
A. General.
1. These assurances shall be complied with in the performance of grant agreements for
airport development, airport planning, and noise compatibility program grants for airport
sponsors.
2. These assurances are required to be submitted as part of the project application by
sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as
amended. As used herein, the term "public agency sponsor" means a public agency
with control of a public-use airport; the term "private sponsor" means a private owner of
a public-use airport; and the term "sponsor" includes both public agency sponsors and
private sponsors.
3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in
and become part of the grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by
a Public Agency Sponsor. The terms, conditions and assurances of the grant
agreement shall remain in full force and effect throughout the useful life of the facilities
developed or equipment acquired for an airport development or noise compatibility
program project, or throughout the useful life of the project items installed within a
facility under a noise compatibility program project, but in any event not to exceed
twenty (20) years from the date of acceptance of a grant offer of Federal funds for the
project. However, there shall be no limit on the duration of the assurances regarding
Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There
shall be no limit on the duration of the terms, conditions, and assurances with respect to
real property acquired with Federal funds. Furthermore, the duration of the Civil Rights
assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private
Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the
useful life of project items installed within a facility or the useful life of the facilities
developed or equipment acquired under an airport development or noise compatibility
program project shall be no less than ten (10) years from the date of acceptance of
Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant
agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section IIIC
apply to planning projects. The terms, conditions, and assurances of the grant
agreement shall remain in full force and effect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant
that:
Terms and Conditions of Accepting Airport Improvement Program Grants (June 2005) Page 10 of 30
1. General Federal Requirements. It will comply with all applicable Federal laws,
regulations, executive orders, policies, guidelines, and requirements as they relate to the
application, acceptance and use of Federal funds for this project including but not
limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act - 40 U.S.C. 276(a), et seq.1
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
d. Hatch Act - 5 U.S.C. 1501, et seq.2
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(f).1
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq.
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 40126.1
I. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
p. American Indian Religious Freedom Act, P.L. 95-341, as amended.
q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.'
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1
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, et seq.2
x. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
a. Executive Order 11246 - Equal Employment Opportunity1
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 Constructionl
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 of Accepting Airport Improvement Program Grants (June 2005) Page 11 of 30
d. 29 CFR Part 1 - Procedures for predetermination of wage rates.'
e. 29 CFR Part 3 - Contractors and subcontractors on public building or public
work financed in whole or part by loans or grants from the United States.'
f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering
federally financed and assisted construction (also labor standards
provisions applicable to non-construction contracts subject to the Contract
Work Hours and Safety Standards Act).'
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and federally
assisted contracting requirements).'
h. 49 CFR Part 18 - Uniform administrative requirements for grants and
cooperative agreements to state and local governments.3
i. 49 CFR Part 20 - New restrictions on lobbying.
j. 49 CFR Part 21 - Nondiscrimination in federally-assisted programs of the
Department of Transportation - effectuation of Title VI of the Civil Rights
Act of 1964.
k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in
Airport Concessions.
I.
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.l.
Office of Management and Budget Circulars
a. A-87 - Cost Principles Applicable to Grants and Contracts with State and
Local Governments.
b. A-133 - Audits of States, Local Governments, and Non-Profit Organizations
'These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and OMB Circular A-87 contain requirements for
State and Local Governments receiving Federal assistance. Any
requirement levied upon State and Local Governments by this
regulation and circular shall also be applicable to private sponsors
receiving Federal assistance under Title 49, United States Code.
Terms and Conditions of Accepting Airport Improvement Program Grants (June 2005) Page 12 of 30
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 program projects to be carried out on the property of the
sponsor, it holds good title satisfactory to the Secretary to that portion of the
property upon which Federal funds will be expended or will give assurance to the
Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the
rights and powers necessary to perform any or all of the terms, conditions, and
assurances in the grant agreement without the written approval of the Secretary,
and will act promptly to acquire, extinguish or modify any outstanding rights or
claims of right of others which would interfere with such performance by the
sponsor. This shall be done in a manner acceptable to the Secretary.
Terms and Conditions of Accepting Airport Improvement Program Grants (June 2005) Page 13 of 30
b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its
title or other interests in the property shown on Exhibit A to this application or, for
a noise compatibility program project, that portion of the property upon which
Federal funds have been expended, for the duration of the terms, conditions, and
assurances in the grant agreement without approval by the Secretary. If the
transferee is found by the Secretary to be eligible under Title 49, United States
Code, to assume the obligations of the grant agreement and to have the power,
authority, and financial resources to carry out all such obligations, the sponsor
shall insert in the contract or document transferring or disposing of the sponsor's
interest, and make binding upon the transferee all of the terms, conditions, and
assurances contained in this grant agreement.
c. For all noise compatibility program projects which are to be carried out by another
unit of local government or are on property owned by a unit of local government
other than the sponsor, it will enter into an agreement with that government.
Except as otherwise specified by the Secretary, that agreement shall obligate that
government to the same terms, conditions, and assurances that would be
applicable to it if it applied directly to the FAA for a grant to undertake the noise
compatibility program project. That agreement and changes thereto must be
satisfactory to the Secretary. It will take steps to enforce this agreement against
the local government if there is substantial non-compliance with the terms of the
agreement.
d. For noise compatibility program projects to be carried out on privately owned
property, it will enter into an agreement with the owner of that property which
includes provisions specified by the Secretary. It will take steps to enforce this
agreement against the property owner whenever there is substantial non-
compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to
ensure that the airport will continue to function as a public-use airport in
accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any
agency or person other than the sponsor or an employee of the sponsor, the
sponsor will reserve sufficient rights and authority to insure that the airport will be
operated and maintained in accordance Title 49, 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 of Accepting Airport Improvement Program Grants (June 2005) Page 14 of 30
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.
Terms and Conditions of Accepting Airport Improvement Program Grants (June 2005) Page 15 of 30
b. It shall make available to the Secretary and the Comptroller General of the United
States, or any of their duly authorized representatives, for the purpose of audit
and examination, any books, documents, papers, and records of the recipient that
are pertinent to the grant. The Secretary may require that an appropriate audit be
conducted by a recipient. In any case in which an independent audit is made of
the accounts of a sponsor relating to the disposition of the proceeds of a grant or
relating to the project in connection with which the grant was given or used, it
shall file a certified copy of such audit with the Comptroller General of the United
States not later than six (6) months following the close of the fiscal year for which
the audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work
on any projects funded under the grant agreement which involve labor, provisions
establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in
accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which
contractors shall pay to skilled and unskilled labor, and such minimum rates shall be
stated in the invitation for bids and shall be included in proposals or bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project funded
under the grant agreement which involve labor, such provisions as are necessary to
insure that, in the employment of labor (except in executive, administrative, and
supervisory positions), preference shall be given to Veterans of the Vietnam era and
disabled veteran as defined in Section 47112 of Title 49, United States Code. However,
this preference shall apply only where the individuals are available and qualified to
perform the work to which the employment relates.
16. Conformity to Plans and Specifications. It will execute the project subject to plans,
specifications, and schedules approved by the Secretary. Such plans, specifications, and
schedules shall be submitted to the Secretary prior to commencement of site
preparation, construction, or other performance under this grant agreement, and, upon
approval of the Secretary, shall be incorporated into this grant agreement. Any
modification to the approved plans, specifications, and schedules shall also be subject to
approval of the Secretary, and incorporated into the grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent
technical supervision at the construction site throughout the project to assure that the
work conforms to the plans, specifications, and schedules approved by the Secretary for
the project. It shall subject the construction work on any project contained in an
approved project application to inspection and approval by the Secretary and such work
shall be in accordance with regulations and procedures prescribed by the Secretary.
Such regulations and procedures shall require such cost and progress reporting by the
sponsor or sponsors of such project as the Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative
contained in the project application or with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to the
planning project and planning work activities.
Terms and Conditions of Accepting Airport Improvement Program Grants (June 2005) Page 16 of 30
c. It will include in all published material prepared in connection with the planning
project a notice that the material was prepared under a grant provided by the
United States.
d. It will make such material available for examination by the public, and agrees that
no material prepared with funds under this project shall be subject to copyright in
the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and
otherwise use any of the material prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment of
specific consultants and their subcontractors to do all or any part of this project as
well as the right to disapprove the proposed scope and cost of professional
services.
It will grant the Secretary the right to disapprove the use of the sponsor's
employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the
Secretary's approval of any planning material developed as part of this grant does
not constitute or imply any assurance or commitment on the part of the Secretary
to approve any pending or future application for a Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of
the airport, other than facilities owned or controlled by the United States, shall be
operated at all times in 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 effeLl difdriyements for-
(1) Operating the airport's aeronautical facilities whenever required;
(2) Promptly marking and lighting hazards resulting from airport conditions,
including temporary conditions; and
Promptly notifying airmen of any condition affecting aeronautical use of the
airport.
g.
(3)
Terms and Conditions of Accepting Airport Improvement Program Grants (June 2005) Page 17 of 30
Nothing contained herein shall be construed to require that the airport be operated
for aeronautical use during temporary periods when snow, flood or other climatic
conditions interfere with such operation and maintenance. Further, nothing herein
shall be construed as requiring the maintenance, repair, restoration, or
replacement of any structure or facility which is substantially damaged or
destroyed due to an act of God or other condition or circumstance beyond the
control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns
or controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that such
terminal airspace as is required to protect instrument and visual operations to the airport
(including established minimum flight altitudes) will be adequately cleared and protected
by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing
airport hazards and by preventing the establishment or creation of future airport
hazards.
21. Compatible Land Use. It will take appropriate action, to the extent reasonable,
including the adoption of zoning laws, to restrict the use of land adjacent to or in the
immediate vicinity of the airport to activities and purposes compatible with normal
airport operations, including landing and takeoff of aircraft. In addition, if the project is
for noise compatibility program implementation, it will not cause or permit any change in
land use, within its jurisdiction, that will reduce its compatibility, with respect to the
airport, of the noise compatibility program measures upon which Federal funds have
been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms
and without unjust discrimination to all types, kinds and classes of aeronautical
activities, including commercial aeronautical activities offering services to the
public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or
privilege at the airport is granted to any person, firm, or corporation to conduct or
to engage in any aeronautical activity for furnishing services to the public at the
airport, the sponsor will insert and enforce provisions requiring the contractor to:
(1) furnish said services on a reasonable, and not unjustly discriminatory, basis
to all users thereof, and
(2) charge reasonable, and not unjustly discriminatory, prices for each unit or
service, provided that the contractor may be allowed to make reasonable and
nondiscriminatory discounts, rebates, or other similar types of price
reductions to volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the same rates, fees,
rentals, and other charges as are uniformly applicable to all other fixed-based
operators making the same or similar uses of such airport and utilizing the same or
similar facilities.
Terms and Conditions of Accepting Airport Improvement Program Grants (June 2005) Page 18 of 30
d. Each air carrier using such airport shall have the right to service itself or to use any
fixed-based operator that is authorized or permitted by the airport to serve any air
carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant
of another air carrier tenant) shall be subject to such nondiscriminatory and
substantially comparable rules, regulations, conditions, rates, fees, rentals, and
other charges with respect to facilities directly and substantially related to
providing air transportation as are applicable to all such air carriers which make
similar use of such airport and utilize similar facilities, subject to reasonable
classifications such as tenants or nontenants and signatory carriers and
nonsignatory carriers. Classification or status as tenant or signatory shall not be
unreasonably withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such classification
or status.
f. It will not exercise or grant any right or privilege which operates to prevent any
person, firm, or corporation operating aircraft on the airport from performing any
services on its own aircraft with its own employees [including, but not limited to
maintenance, repair, and fueling] that it may choose to perform.
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.
g.
Terms and Conditions of Accepting Airport Improvement Program Grants (June 2005) Page 19 of 30
It further agrees that it will not, either directly or indirectly, grant or permit any person,
firm, or corporation, the exclusive right at the airport to conduct any aeronautical
activities, including, but not limited to charter flights, pilot training, aircraft rental and
sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air
carrier operations, aircraft sales and services, sale of aviation petroleum products
whether or not conducted in conjunction with other aeronautical activity, repair and
maintenance of aircraft, sale of aircraft parts, and any other activities which because of
their direct relationship to the operation of aircraft can be regarded as an aeronautical
activity, and that it will terminate any exclusive right to conduct an aeronautical activity
now existing at such an airport before the grant of any assistance under Title 49, United
States Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities
and services at the airport which will make the airport as self-sustaining as possible
under the circumstances existing at the particular airport, taking into account such
factors as the volume of traffic and economy of collection. No part of the Federal share
of an airport development, airport planning or noise compatibility project for which a
grant is made under Title 49, United States Code, the Airport and Airway Improvement
Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970
shall be included in the rate basis in establishing fees, rates, and charges for users of
that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel
established after December 30, 1987, will be expended by it for the capital or
operating costs of the airport; the local airport system; or other local facilities
which are owned or operated by the owner or operator of the airport and which
are directly and substantially related to the actual air transportation of passengers
or property; or for noise mitigation purposes on or 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.
Terms and Conditions of Accepting Airport Improvement Program Grants (June 2005) Page 20 of 30
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:
(1) all amounts paid by the airport to any other unit of government and the
purposes for which each such payment was made; and
(2) all services and property provided by the airport to other units of government
and the amount of compensation received for provision of each such service
and property.
27. Use by Government Aircraft. It will make available all of the facilities of the airport
developed with Federal financial assistance and all those usable for landing and takeoff
of aircraft to the United States for use by Government aircraft in common with other
aircraft at all times without charge, except, if the use by Government aircraft is
substantial, charge may be made for a reasonable share, proportional to such use, for
the cost of operating and maintaining the facilities used. Unless otherwise determined
by the Secretary, or otherwise agreed to by the sponsor and the using agency,
substantial use of an airport by Government aircraft will be considered to exist when
operations of such aircraft are in excess of those which, in the 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.
Terms and Conditions of Accepting Airport Improvement Program Grants (June 2005) Page 21 of 30
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
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 benefiting from funds
received from this grant. This assurance obligates the sponsor for the period during
which Federal financial assistance is extended to the program, except where Federal
financial assistance is to provide, or is in the form of personal property or real property
or interest therein or structures or improvements thereon in which case the assurance
obligates the sponsor or any transferee for the longer of the following periods: (a) the
period during which the property is used for a purpose for which Federal financial
assistance is extended, or for another purpose involving the provision of similar services
or benefits, or (b) the period during which the sponsor retains ownership or possession
of the property.
Terms and Conditions of Accepting Airport Improvement Program Grants (June 2005) Page 22 of 30
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, it will
dispose of the land, when the land is no longer needed for such purposes, at fair
market value, at the earliest practicable time. That portion of the proceeds of such
disposition which is proportionate to the United States' share of acquisition of such
land will, at the discretion of the Secretary, 1) be paid to the Secretary for deposit
in the Trust Fund, or 2) be reinvested in an approved noise compatibility project as
prescribed by the Secretary, including the purchase of nonresidential buildings or
property in the vicinity of residential buildings or property previously purchased by
the airport as part of a noise compatibility program.
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, (a) upon
application to the Secretary, be reinvested in another eligible airport improvement
project or projects approved by the Secretary at that airport or within the national
airport system, or (b) be paid to the Secretary for deposit in the Trust Fund if no
eligible project exists.
c. Land shall be considered to be needed for airport purposes under this assurance if
(a) it may be needed for aeronautical purposes (including runway protection
zones) or serve as noise buffer land, and (b) the revenue from interim uses of
such land contributes to the financial self-sufficiency of the airport. Further, land
purchased with a grant received by an airport operator or owner before December
31, 1987, will be considered to be needed for airport purposes if the Secretary or
Federal agency making such grant before December 31, 1987, was notified by the
operator or owner of the uses of such land, did not object to such use, and the
land continues to be used for that purpose, such use having commenced no later
than December 15, 1989.
d. Disposition of such land under (a), (b) or (c) 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 and safety
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.
Terms and Conditions of Accepting Airport Improvement Program Grants (June 2005) Page 23 of 30
. „ •
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.
CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS
Dated: 7/1/99
70/7460-1 Obstruction Marking and Lighting _
150/5000-13 Announcement of Availability--RTCA Inc., Document RTCA-221,
Guidance and Recommended Requirements for Airport Surface
Movement Sensors
150/5210-5 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 NonFederal
Applications
150/5220-17 Design Standards for Aircraft Rescue Firefighting Training Facilities
150/5220-18 Buildings for Storage and Maintenance of Airport Snow and Ice
Control Equipment and Materials
150/5220-19 Guide Specification for Small, Dual-Agent Aircraft Rescue and
Firefighting Vehicles
150/5220-20 Airport Snow and Ice Control Equipment _
150/5220-21 Guide Specification for Lifts Used to Board Airline Passengers With
Mobility Impairments
150/5300-13 Airport Design
150/5300-14 Design of Aircraft Deicing Facilities
Terms and Conditions of Accepting Airport Improvement Program Grants (June 2005) Page 24 of 30
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
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
Retroreflective Markers
150/5345-42 Specification for Airport Light Bases, Transformer Housings,
Junction Boxes and Accessories —
150/5345-43 Specification for Obstruction Lighting Equipment
Terms and Conditions of Accepting Airport Improvement Program Grants (June 2005) Page 25 of 30
150/5345-44 Specification for Taxiway and Runway Signs
150/5345-45 Lightweight Approach Light Structure
150/5345-46 Specification for Runway and Taxiway Light Fixtures
150/5345-47 Isolation Transformers for Airport Lighting Systems
150/5345-49 Specification L854, Radio Control Equipment
150/5345-50 Specification for Portable Runway Lights
150/5345-51 Specification for Discharge-Type Flasher Equipment
150/5345-52 Generic Visual Glideslope Indicators (GVGI)
150/5345-53 Airport Lighting Equipment Certification Program
150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub
Locations
150/5360-12 Airport Signing & Graphics
150/5360-13 Planning and Design Guidance for Airport Terminal Facilities
150/5370-2 Operational Safety on Airports During Construction
150/5370-10 Standards for Specifying Construction of Airports
150/5390-2 Heliport Design
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
150/5370-6 Construction Progress and Inspection Report-Airport Grant Program
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real
property, to the greatest extent practicable under State law, by the land acquisition
policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for
necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance
program offering the services described in Subpart C and fair and reasonable relocation
payments and assistance to displaced persons as required in Subpart D and E of 49 CFR
Part 24. (3) It will make available within a reasonable period of time prior to
displacement, comparable replacement dwellings to displaced persons in accordance
with Subpart E of 49 CFR Part 24.
Terms and Conditions of Accepting Airport Improvement Program Grants (June 2005) Page 26 of 30
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).
38. Hangar Construction. If the airport owner or operator and a person who owns an
aircraft agree that a hangar is to be constructed at the airport for the aircraft at the
aircraft's owner's expense, the airport owner or operator will grant to the aircraft owner
for the hangar a long term lease that is subject to such terms and conditions on the
hangar as the airport owner or operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in
section 47102 of title 49, U.S.C.) has been unable to accommodate one or more
requests by an air carrier for access to gates or other facilities at that airport in
order to allow the air carrier to provide service to the airport or to expand service
at the airport, the airport owner or operator shall transmit a report to the
Secretary that:
(1) Describes the requests;
(2) Provides an explanation as to why the requests could not be accommodated;
and
(3) Provides a time frame within, if any, the airport will be able to accommodate
requests.
b. Such report shall be due on either February 1 or August 1 of each year if the
airport has been unable to accommodate the request(s) in the six month period
prior to the applicable due date.
Terms and Conditions of Accepting Airport Improvement Program Grants (June 2005) Page 27 of 30
IV. Standard DOT Title VI Assurances
The sponsor hereby agrees that as a condition to receiving Federal financial assistance from the
Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, - Nondiscrimination in
Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the
Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in
the United States shall, on the ground of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
program or activity for which the applicant receives Federal financial assistance and will immediately
take any measures necessary to effectuate this agreement. Without limiting the above general
assurance, the sponsor agrees concerning this grant that:
A. Each "program" and "facility" (as defined in Sections 21.23(e) and 21.23 (b)) will be
conducted or operated in compliance with all requirements of the Regulations.
B. It will insert the following clauses in every contract subject to the Act and the Regulations:
'During the performance of this contract, the contractor, for itself, its assignees and
successors in interest (hereinafter referred to as the "contractor') agrees as follows;
1. Compliance with Regulations. The contractor shall comply with the Regulations relative
to nondiscrimination in federally assisted programs of the Department of Transportation
(hereinafter, "DOT') Title 49, Code of Federal Regulations, Part 21, as they may be
amended 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 materiels and
leases of equipment. The contractor shall not participate either directly or indirectly in
the discrimination prohibited by section 21.5 of the Regulations, including employment
practices when the contract covers a program set forth in Appendix B of the
Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In
all solicitations either by competitive bidding or negotiation made by the contractor for
work to be performed under a subcontract, including procurements of materials or
leases of equipment, each potential subcontractor or supplier shall be notified by the
contractor of the contractor's obligations under this contract and the Regulations relative
to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports. The contractor shall provide all information and reports
required by the Regulations or directives issued pursuant thereto and shall permit access
to its books, records, accounts, other sources of information, and its facilities as may be
determined by the sponsor or the Federal Aviation Administration (FAA) to be pertinent
to ascertain compliance with such Regulations, orders, and instructions. Where any
information required of a contractor is in the exclusive possession of another who fails or
refuses to furnish this information, the contractor shall so certify to the sponsor or the
FAA, as appropriate, and shall set forth what efforts it has made to obtain the
information.
Terms and Conditions of Accepting Airport Improvement Program Grants (June 2005) Page 28 of 30
5. Sanctions or Noncompliance. In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the sponsor shall impose such contract
sanctions as it or the FAA may determine to be appropriate, including, but not limited to;
a. Withholding of payments to the contractor under the contract until the contractor
complies, and/or
b. Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation 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:
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'9 that in the event facilities are constructed,
maintained, or otherwise operated on the said property described in this (deed, license,
lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for
another purpose involving the provision of similar services or benefits, the (grantee,
licensee, leasee, permitee, etc.) shall maintain and operate such facilities and services in
compliance with all other requirements imposed pursuant to 49 CFR Part 21,
Nondiscrimination in 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'2 that: (1) 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, permittee, 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
Terms and Conditions of Accepting Airport Improvement Program Grants (June 2005) Page 29 of 30
Transportation, and as said Regulations may be amended, of the FAA may direct as a
means of enforcing such provisions including sanctions or noncompliance. Provided,
however, that in the event a contract becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor
may request the sponsor to enter into such litigation to protect the interests of the
sponsor and, in addition, the contractor may request the United States to enter into
such litigation to protect the interests of the United States."
as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar
agreements entered into by the sponsor with other parties:
1. for the subsequent transfer of real property acquired or improved with Federal financial
assistance under this Project; and
2. for the construction or use of or access to space on, over, or under real property
acquired or improved with Federal financial assistance under this Project.
F. This assurance obligates the sponsor for the period during which Federal financial assistance
is extended to the program, except where the Federal financial assistance is to provide, or is
in the form of personal 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.
H. It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the Act, the Regulations, and this assurance.
This assurance is given in consideration of and for the purpose of obtaining Federal financial ACE-1450
Standard DOT Title VI Assurance 8/29/96 assistance for this Project and is binding on its contractors, the
sponsor, subcontractors, transferees, successors in interest and other participants in the Project.
Terms and Conditions of Accepting Airport Improvement Program Grants (June 2005) Page 30 of 30
Airport Name: Oakland County International Airport
Associated City: Pontiac, Michigan
Project No: B-26-0079-3905
APPENDIX F
SPECIAL CONDITIONS
I. RUNWAY PROTECTION ZONES The Sponsor agrees to take the following actions to
maintain and/or acquire a property interest, satisfactory to the FAA, in the Runway
Protection Zones:
a. Existing Fee Title Interest in the Runway Protection Zone.
The Sponsor agrees to prevent the erection or creation of any structure or place of
public assembly in the Runway Protection Zone, as depicted on the Exhibit "A"
Property Map, except for navaids that are fixed by their functional purposes or
any other structure approved by the FAA. Any existing structures or uses within
the Runway Protection Zone will be cleared or discontinued unless approved by
the FAA.
b. Existing Easement Interest in the Runway Protection Zone.
The Sponsor agrees to take any and all steps necessary to ensure that the owner of
the land within the designated Runway Protection Zone will not build any
structure in the Runway Protection Zone that is a hazard to air navigation or
which might create glare or misleading lights or lead to the construction of
residences, fuel handling and storage facilities, smoke generating activities, or
places of public assembly, such as churches, schools, office buildings, shopping
centers, and stadiums.
2. AIR AND WATER QUALITY. Approval of the project included in this agreement is
conditioned on the Sponsor's compliance with applicable air and water quality standards
in accomplishing project construction and in operating the airport. Failure to comply
with this requirement may result in suspension, cancellation, or termination of federal
assistance under this agreement.
3. BUY AMERICAN REQUIREMENT. Unless otherwise approved by the FAA, the
Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or
manufactured products produced outside the United States to be used for any project for
airport development or noise compatibility for which funds are provided under this grant.
The Sponsor will include in every contract a provision implementing this special
condition.
4. WASTE DISPOSAL SITES. It is hereby agreed by and between the parties hereto that,
within its authority, the Sponsor will not approve or permit the establishment or existence
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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 (PGT, 95-7). 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
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;
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(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 (PCI) survey as set forth in Advisory
Circular 150/5380-6, "Guidelines and Procedures for Maintenance of
Airport Pavements," the frequency of inspection may be extended t three
years.
(2) Drive-By Inspection. A drive-by inspection must be performed a
minimum of once per month to detect unexpected changes in the
pavement condition.
c. Record Keeping. Complete information on the findings of all detailed
inspections and on the maintenance performed must be recorded and kept on file
for a minimum of five years. The types of distress, their locations, and remedial
action, scheduled or performed, must be documented. The minimum information
to be 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.
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• , • 4.0
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. 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.
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 block grant, the
Department accepts this responsibility.
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APPENDIX G
Prime Consultant Statement of DBE Subconsultant Payments
Information required in accordance with 49 CFR ti26.37 to monitor progress of the prime consultant in meetine contractual obliea
June 1, 2001
_
PRIME CONSULTANT: OCHECK IF PRIME IS AUTHORIZATION NO. CONTRACT NO. MDOT-DBE CERTIFIED
BILLING PERIOD: 0 Check if Final Payment JOB 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, I state that, to the best of my knowledge, this information is true and accurate.
PRIME CONSULTANT'S AUTHORIZED REPRESENTATIVE TITLE DATE (SIGNATURE):
FOR MDOT USE ONLY
I., A l• II l• 1! 7. I 11.T ITI ll
CONTRACT ADMINISTRATOR (Signature) DATE:
Special note: "Prime Consultant or Authorized Representative" refers to recipients of federal funds as defined de of Federal nds as defined at 49 Code of Federal Regulations Part 26.
INSTRUCTIONS
This statement reports the actual dollar amounts of the project cost earned by and paid to DBE subconsultants. Complete and submit to the Contract
Administrator semi-annually. Some forms may be blank if no payment was made since the previous billing.
For "Authorization No., Contract No.," and "Job No." as appropriate, use the numbers assigned by MDOT.
For "Billing Period," report the calendar days covered by the billing.
For "Services Work Performed" report the main service performed by the subconsultant during the reporting period.
For "Total Contract Amount" report the total amount of the contract between the prime consultant and subconsultant.
For "Cumulative Dollar Value of Services Completed" report the total amount the subconsultant has earned since beginning the project.
For "Deductions," report deductions made by the prime consultant to the subconsultant's "Cumulative Dollar Value of Services Completed" for
retainage, bond or other fees, materials, services or equipment provided to the subconsultant according to mutual, prior agreement (documentation of
such agreement may be required by MDOT).
For "Actual Amount Paid to Date," report cumulative actual payments made to the subconsultant for services completed.
For "Actual Amount Paid During this Billing Period" report actual payments made to the subcontractor for services during this billing period.
Provide "DBE Authorized Signature" for final payment only.
Be sure to sign, title and date this statement.
MDOT CONTRACT ADMINISTRATOR:
Complete "Comments" if necessary, sign, date and forward to the Office of Equal Opportunity within seven (7) days of receipt.
FISCAL NOTE (MISC. #06054)
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: DEPARTMENT OF CENTRAL SERVICES - OAKLAND COUNTY INTERNATIONAL
AIRPORT - 2006 GRANT PROGRAM ACCEPTANCE - DESIGN ENGINEERING
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has
reviewed the above referenced resolution and finds:
1. Oakland County has received Michigan Department of
Transportation Grant Contract No. 2006-0161, Federal
Project No. 3-26-0079-3905, for Federal funds in the amount
of $80,000 and State funds in the amount of $17,500, and a
required local grant match of $2,500 for the development
and improvement of Oakland County International Airport.
2. The project consists of design engineering services for the
Runway 9R extension, runway safety area improvements,
parallel taxiway, and a perimeter 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 $100,000 with $80,000
(80%) of the cost from Federal funds, $17,500 (17.5%) of
the cost from State funds, and $2,500 (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.
8. No budget amendment is necessary.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
March 23, 2006
Resolution #06054 March 23, 2006
Ruth Johnson, County Clerk
V-
IP,
Moved by Scott supported by Gregory the resolutions (with fiscal notes attached) on the Consent Agenda be
adopted (with accompanying reports being accepted).
AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, KowaII, Long, Melton,
Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson,
Woodward, Zack, Bullard. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda
(with accompanying reports being accepted) were adopted.
01•••n
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 March 23, 2006,
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 23rd day of March, 2006.