HomeMy WebLinkAboutResolutions - 2007.03.22 - 28461REPORT March 22, 2007
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES — OAKLAND COUNTY
INTERNATIONAL AIRPORT — GRANT PROGRAM ACCEPTANCE — DESIGN
EXTENSION OF RUNWAY 9L AND TAXIWAY D, RELOCATION OF
TAXIWAY M, POROUS FRICTION COURSE FOR RUNWAY 9R127L AND
9L127R, AND NOISE ANALYSIS STUDY FOR EXTENSION OF RUNWAY
9R127L AND 9L127R
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-titled
resolution on March 13, 2007, reports with a recommendation that the resolution be
adopted.
Chairperson, on behalf of the Planning and Building Committee, I move
acceptance of the foregoing report.
PLANNING AND BUILDING COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
MISCELLANEOUS RESOLUTION #07048 March 22, 2007
BY: General Government Committee. Christine Long, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES — OAKLAND COUNTY INTERNATIONAL AIRPORT —
GRANT PROGRAM ACCEPTANCE — DESIGN EXTENSION OF RUNWAY 9L AND TAXIWAY D,
RELOCATION OF TAXIWAY M, POROUS FRICTION COURSE FOR RUNWAY 9R127L AND 91.127R, AND
NOISE ANALYSIS STUDY FOR EXTENSION OF RUNWAY 9R127L AND 9L127R
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. 2007-0435, Federal Project No. B-26-0079-4706, for Federal funds in the amount of $93,600,
and State funds in the amount of $20,475, for the development and improvement of Oakland County
International Airport; and
WHEREAS the project consists of the design of the extension of Runway 9L and Taxiway D,
relocation of Taxiway M, a porous friction course for Runway 9R/27L and 9L/27R, and a noise analysis study
for the extension of Runway 9R/27L and 9L/27R; 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 $2,925, 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 Si 17,000, which includes a local grant match of $2,925, which
is available from the airport fund.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners
is authorized to execute the grant contract.
On behalf of the General Government Committee, I move the adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
GENERAL GOVERNMENT COMMITTEE VOTE:
Motion carried on a roll call vote with Hatchett absent.
GRANT REVIEW SIGN OFF — Aviation Division
GRANT NAME: 2007 Oakland County International Airport — Design Extension of Runway 9L
and Taxiway D
FUNDING AGENCY: Michigan Department of Transportation -- Bureau of Aeronautics
DEPARTMENT CONTACT PERSON: Karl Randall Patricia Shull 248/666-3900
STATUS: Acceptance
DATE: March 1, 2007
Pursuant to Misc. Resolution #101320, please be advised the captioned grant materials have
completed internal grant review. Below are the returned review comments.
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 Sign Off 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 REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (2/27/2007)
Department of Human Resources:
Approved by HR. — Jennifer Mason (2/27/2007)
Risk Management and Safety:
Approved By Risk Management — Andrea Plotkowski (2/27/2007)
Corporation Counsel:
There are no outstanding legal issues concerning this grant. —Joellen Shortley (2/28/2007)
COMPLIANCE
The grant contract references a number of specific federal and state regulations. Below is a list of
these specifically cited compliance related documents for this grant.
Of special interest is the stipulation under 49 CFR Part 26 "Participation by Disadvantaged
Business Enterprises in Department of Transportation Financial Assistance Programs." The
Operating Department staff is requested to inform the Purchasing Division of these requirements
before any purchases/subcontracts are made with funding from this grant.
• Federal Office of Management and Budget (OMB) Circular No. A-133. This Circular
sets forth standards for obtaining consistency and uniformity among Federal agencies for
the audit of States, local governments, and non-profit organizations expending federal
awards. http://www.wli itehouse.gov/omb/eirculars/a133/a I 33.html
• Michigan State Trunk Line Highway System; 1951 PA 51
http.//www.legislature.mi.gov/(S(3vu5zd55fItnvh45khovlm55))/mi1ea.asox?page=getobi
ect&olljectname—mel-Act-51-of-1951&queryid=16756162
• Participation By Disadvantaged Business Enterprises In Department Of Transportation
Financial Assistance Programs - 49 CFR Part 26
http://www.access.gpo.gov/nara/cfrlwaisidx 06149cfr26 06.html
• Federal "Civil Rights Act of 1964" http://www.tisdoi.gov/crt/cor/index.htm
• Federal Nondiscrimination In Federally-Assisted Programs Of The Department Of
Transportation 49 CFR Part 21
http://www.access.gpo.gov/nara/cfriwaisidx 06/49cfr21 06.html
• Michigan Department of Consumer and Industry Services / Michigan State Contracts
with Certain Employers Prohibited "Act 278 of 1980"
http://www.leOslature.mi.gov/(S(1 oki4145ut4h1s45iim3d0j2))/milea.aspx?page=getobiec
t&objectname—mel-Act-278-of-1980&nuervid=16144559
• Federal Unfair Labor Practices - 29 USC 158 [Select HIT 11
http://frwebgate.access.gpo.gov/cgi-
bin/multidb.cgi?WAISdbNamc-2000 uscode suppl 4+United+States+Code+%282000+
suppl.+4%29&WAISqueryRule=%28%24WAISqueryString%29&WAISqueryString ----29
usc158&WAIStemplate=multidb results.html&WrapnerTemplate=uscode wrapper.html
&WAISmaxHits=40
• Michigan Antitrust Reform Act - 1984 PA 274
http://www.legislature.m i.gov/(S(zkoalo45wgyadt550rj f25zo))/rn i leg.aspx?page=getobj e
ct&objectname=mcl-Act-274-of- I 984&queryid=16756718
• Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976"
littp://www.legislature.rni.gov/(S(lokj4145ut4h1s45j im3d0j2))/mileg.aspx?page=getobjec
t&objectname=mel-Act-453-of-1976&queryid=16144410
II A
I
CONTRACT NO. 2007-0435
FEDERAL PROJECT NO. B-26-0079-4706
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 February 7,
2007, attached hereto and made a part hereof.
PROJECT DESCRIPTION: DESIGN OF THE EXTENSION OF RUNWAY 9L AND
TAXIWAY D, RELOCATION OF TAXIWAY M, AND POROUS FRICTION COURSE
FOR RUNWAY 9R127L AND 9L127R. NOISE ANALYSIS STUDY FOR THE
EXTENSION OF RUNWAY 911127L AND 9L/27R.
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
payment is sought or made under this Contract, said records to be hereinafter
2/15/2007 2 PUBLIC BLOCK GRANT 2 v/w
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-
0079-4706, award year 2006, 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.
The SPONSOR agrees to require all prime contractors to pay each subcontractor for the
satisfactory completion of work associated with the subcontract no later than ten (10)
calendar days from the receipt of each payment the prime contractor receives from the
DEPARTMENT or SPONSOR. The prime contractor also is required to return retainage
payments to each subcontractor within ten (10) calendar days after the subcontractor's
work is satisfactorily completed. Any delay or postponement of payment from these time
frames may occur only upon receipt of written approval from the DEPARTMENT.
These requirements are also applicable to all sub-tier subcontractors and will be made a
part of all subcontract agreements.
This prompt payment provision is a requirement of 49 CFR, Part 26, as amended, and
does not confer third-party beneficiary right or other direct right to a subcontractor
against the DEPARTMENT. This provision applies to both Disadvantaged Business
Enterprise (DBE) and non-DBE subcontractors.
2/15/2007 4 PUBLIC BLOCK GRANT 2 v/w
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.
The SPONSOR agrees to comply with the Special Conditions set forth in Appendix F,
attached hereto and made a part hereof.
In addition, the SPONSOR agrees to accomplish the project in compliance with the FAA
"Terms and Conditions of Accepting Airport Improvement Program Grants" signed on
May 25, 2006.
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 $93,600.00
Maximum DEPARTMENT Share $20,475.00
SPONSOR Share $2,925.00
Estimated PROJECT COST $117,000.00
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
2/15/2007 6 PUBLIC BLOCK GRANT 2 v/w
• • •
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
2/15/2007 7 PUBLIC BLOCK GRANT 2 v/w
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, dated October 1, 2005,
attached hereto and made a part hereof
21. In accordance with 1980 PA 278; MCL 423.321 et MSA 17.458(22), et m, 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 United
States Department of Labor of employers who have been found in contempt of court by a
federal court of appeals on not less than three (3) separate 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 USC 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.
2/15/2007 9 PUBLIC BLOCK GRANT 2 v/w
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.
2/15/2007 10 PUBLIC BLOCK GRANT 2 v/w
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
2/15/2007 11 PUBLIC BLOCK GRANT 2 v/ w
CONTINGENCIES $0 $0 $0
EXHIBIT 1
OAKLAND COUNTY INTERNATIONAL AIRPORT
PONTIAC, MICHIGAN
Project No. B-26-0079-4706
February 7, 2007
Federal State Local Total
ADMINISTRATION $400 $87 $13 $500
DEPARTMENT-AERO $400 $87 $13 $500
LAND $0 $0 $0 $0
DESIGN $93,200 $20,388 $2.912 $116.500
Rwy 9L & Twy D extension, Relocate Twy M,
PFC Rwy 9R127L & 9L/27R
AERO - Design $1,334 $292 $41 $1,667
CONSULTANT - Design $59,066 $12,921 $1,846 $73,833
Noise Analysis for Rwy 9R/27L and Rwy
91/27R extension
AERO - ENV $800 $175 $25 $1,000
CONSULTANT - ENV $32,000 $7,000 $1,000 $40,000
CONSTRUCTION $0 $0 $0 $0
Funding contingencies
TOTAL PROJECT BUDGET $93,600 $20,475 $2,925 $117,000
• • • •
ATTACHMENT 16
SUPPLEMENTAL PROVISIONS FOR FEDERAL/STATE/LOCAL CONTRACTS
INVOLVING ONLY PRELIMINARY/DESIGN ENGINEERING
AT ALL CLASSIFICATIONS OF AIRPORTS
1. The term "PROJECT COST" will include the cost of the consultant hired to do
preliminary/design engineering for 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 will 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 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 will be provided via registered or certified
mail, return receipt, postage prepaid, addressed to the Deputy Director of the Multi-
Modal Transportation Services Bureau (Aeronautics), Michigan Department of
Transportation.
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 will 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 circumstance 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.
1 of 1
APPENDIX A
PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS
In connection with the performance of work under this contract; the contractor agrees as follows:
1. In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees not to
discriminate against an employee or applicant for employment with respect to hire,
tenure, terms, conditions, or privileges of employment, or as a matter directly or
indirectly related to employment, because of race, color, religion, national origin, age,
sex, height, weight, or marital status. Further, in accordance with Act No. 220, Public
Acts of 1976 as amended by Act No. 478, Public Acts of 1980 the contractor hereby
agrees not to discriminate against an employee or applicant for employment with respect
to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or
indirectly related to employment, because of a disability that is unrelated to the
individual's ability to perform the duties of a particular job or position. A breach of the
above covenants shall be regarded as a material breach of this contract.
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a
portion of the work set forth in this contract is to be performed, shall contain a covenant
the same as hereinabove set forth in Section 1 of this Appendix.
3. The contractor will take affirmative action to insure that applicants for employment and
employees are treated without regard to their race, color, religion, national origin, age,
sex, height, weight, marital status or a disability that is unrelated to the individual's
ability to perform the duties of a particular job or position. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
4. The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, national origin, age, sex, height,
weight, marital status or disability that is unrelated to the individual's ability to perform
the duties of a particular job or position.
5. The contractor or his collective bargaining representative will send to each labor union or
representative of workers with which he has a collective bargaining agreement or other
contract or understanding, a notice advising the said labor union or workers'
representative of the contractor's commitments under this appendix.
6. The contractor will comply with all relevant published rules, regulations, directives, and
orders of the Michigan Civil Rights Commission which may be in effect prior to the
taking of bids for any individual state project.
7. The contractor will furnish and file compliance reports within such time and upon such
forms as provided by the Michigan Civil Rights Commission, said forms may also elicit
information as to the practices, policies, program, and employment statistics of each
subcontractor as well as the contractor himself, and said contractor will permit access to
his books, records, and accounts by the Michigan Civil Rights Commission and/or its
agent, for purposes of investigation to ascertain compliance with this contract and
relevant with rules, regulations, and orders of the Michigan Civil Rights Commission.
8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its
rules, that a contractor has not complied with the contractual obligations under this
agreement, the Civil Rights Commission may, as part of its order based upon such
findings, certify said findings to the Administrative Board of the State of Michigan,
which Administrative Board may order the cancellation of the contract found to have
been violated and/or declare the contractor ineligible for future contracts with the state
and its political and civil subdivisions, departments, and officers, and including the
governing boards of institutions of higher education, until the contractor complies with
said order of the Civil Rights Commission. Notice of said declaration of future
ineligibility may be given to any or all of the persons with whom the contractor is
declared ineligible to contract as a contracting party in future contracts. In any case
before the Civil Rights Commission in which cancellation of an existing contract is a
possibility, the contracting agency shall be notified of such possible remedy and shall be
given the option by the Civil Rights Commission to participate in such proceedings.
9. The contractor will include, or incorporate by reference, the provisions of the foregoing
paragraphs (1) through (8) in every subcontract or purchase order unless exempted by the
rules, regulations or orders of the Michigan Civil Rights Commission, and will provide in
every subcontract or purchase order that said provisions will be binding upon each
subcontractor or seller.
March 1998
Appendix B
(Aeronautics)
CIVIL RIGHTS ACT OF 1964, TITLE VI -49 CFR PART 21
CONTRACTUAL REQUIREMENTS
During the performance of this contract, the contractor, for itself, its assignees and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations. The contractor will comply with the Regulations relative
to nondiscrimination in federally assisted programs of the Department of Transportation
(hereinafter "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time (hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of this contract.
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:
1 of 2
a. Withholding of payments to the contractor under the contract until the contractor
complies, and/or
b. Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions. The contractor will include the provisions of paragraphs 1
through 5 in every subcontract, including procurement of materials and leases of
equipment, unless exempt by the Regulations or directive issued pursuant thereto. The
contractor will take such action with respect to any subcontract or procurement as the
sponsor or the FAA may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or supplier as a result of
such direction, the contractor may request the Sponsor to enter into such litigation to
protect the interests of the sponsor and, in addition, the contractor may request the United
States to enter into such litigation to protect the interests of the United States.
2 of 2
(Revised October 1, 2005)
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.
Airport Name: Oakland County International Airport
Associated City: Pontiac, Michigan
Project No: B-26-0079-4706
APPENDIX F
SPECIAL CONDITIONS
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
- 1 -
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 (PGI, 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;
- 2 -
(2) dimensions;
(3) type of pavement, and;
(4) year of construction or most recent major rehabilitation.
For compliance with the Airport Improvement Program (AIP) assurances,
pavements that have been constructed, reconstructed, or repaired with federal
financial assistance shall be so depicted.
b. Inspection Schedule.
(1) Detailed Inspection. A detailed inspection must be performed at least
once a year. If a history of recorded pavement deterioration is available,
i.e., Pavement Condition Index (PC1) survey as set forth in Advisory
Circular 150/5380-6, "Guidelines and Procedures for Maintenance of
Airport Pavements," the frequency of inspection may be extended t three
years.
(2) Drive-By Inspection. A drive-by inspection must be performed a
minimum of once per month to detect unexpected changes in the
pavement condition.
c. Record Keeping. Complete information on the findings of all detailed
inspections and on the maintenance performed must be recorded and kept on file
for a minimum of five years. The types of distress, their locations, and remedial
action, scheduled or performed, must be documented. The minimum information
to be recorded is listed is below:
(1) inspection date,
(2) location,
(3) distress types, and
(4) maintenance scheduled or performed.
For drive-by inspections, the date of inspection and any maintenance performed
must be recorded.
d. Information Retrieval. An airport sponsor may use any form of record keeping
it deems appropriate, so long as the information and records produced by the
pavement survey can be retrieved to provide a report to the FAA as may be
required.
e. Reference. Refer to Advisory Circular 150/5380-6, "Guidelines and Procedures
for Maintenance of Airport Pavements," for specific guidelines and procedures for
maintaining airport pavements and establishing an effective maintenance
program. Specific types of distress, their probable causes, inspection guidelines,
and recommended methods of repair are presented.
- 3 -
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.
4
DATE
DATE TITLE
11739 USE ON
CONTRACT ADMINISTRATOR (Signature) DATE;
June 1,2O0 APPENDIX G
Prime Consultant Statement of DBE Subconsultant Payments
Information required in accordance with 49 CFR §26.37 to monitor progress of the prime consultant in meeting contractual obligations to DBEs.
PRIME CONSULTANT: DCHECK IF PRIME IS
MDOT-DBE CERTIFIED
AUTHORIZATION NO. CONTRACT NO.
D Cheek if Final Payment BILLING PERIOD:
CERTIFIED DBE
CONSULTANT
SERVICES
WORK
PERFORMED
TOTAL
CONTRACT
AMOUNT
CUMULATIVE
DOLLAR
VALUE OF
SERVICES
COMPLETED
ACTUAL
AMOUNT
PAID TO
DATE
ACTUAL
AMOUNT PAID
DURING THIS
BILLING
PERIOD
JOB NO.
USE
AUTHORIZED
SIGNATURE
(Final Payment
Report Only)
DEDUCTIONS
As the authorized representative of the above prime consultant, [state that, to the best of my knowledge, this information is true and accurate.
PRIME CONSULTANT'S AUTHORIZED REPRESENTATIVE
(SIGNATURE):
NEN
COMMENTS:
Special note: "Prime Consultant or Authorized Representative" refers to recipients of federal funds as defined at 49 Code of Federal Regulations Part 26. horized Vf
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.
t 4.
FISCAL NOTE (MISC. 407xxx) March 22, 2007
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES - OAKLAND COUNTY INTERNATIONAL
AIRPORT - GRANT PROGRAM ACCEPTANCE - DESIGN EXTENSION OF RUNWAY 9L AND
TAXIWAY D, RELOCATION OF TAXIWAY M, POROUS FRICTION COURSE FOR RUNWAY
9R/27L AND 9L/27R
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. 2007-0435, Federal
Project No. B-26-0079-4706, for Federal funds in the amount
of $93,600, State funds in the amount of $20,475 and a
required local grant match of 02,925 for the development
and improvement of Oakland County International Airport.
2. The project consists of the extension of Runway 9L and
Taxiway D, relocation of Taxiway M, a porous friction
course for Runway 9R/27L and 9L/27R, and a noise analysis
study for the extension of Runway 9R/27L and 9L/27R.
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 of the project is $117,000 with $93,600 of
the cost from Federal funds, $20,475 of the cost from State
funds and $2,925 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.
V. No General fund appropriation is required. Funding is
available within the Airport fund.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Middleton and
Woodward absent.
pa
a .4 • .4
• ,
Resolution #07048 March 22, 2007
Moved by Rogers supported by Zack the resolutions (with fiscal notes attached) be adopted (with
accompanying reports being accepted).
AYES: Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory,
Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector,
Suarez, Woodward, Zack, Bullard. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) were adopted (with
accompanying reports being accepted).
4•••••
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 22, 2007,
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 22nd day of March, 2007.
I HEREBY APPIN TIE MEM BMX
l/2-1 /07