HomeMy WebLinkAboutReports - 2023.10.17 - 40625
AGENDA ITEM: Grant Acceptance - Rehabilitate Taxiway-D and Reconstruct Taxiway lighting-D -
Design (PTK)
DEPARTMENT: Economic Development - Aviation and Transportation
MEETING: Board of Commissioners
DATE: Friday, October 27, 2023 7:55 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-3399
Motion to approve and accept the grant contract (Grant Contract No. 2023-0733) from the Michigan
Department Of Transportation in the amount of $522,756 which includes a State match of $29,042
and requires a County match of $29,042 that is available from the FY2024 Airport Fund (#56500);
further, authorize the Chair of the Board of Commissioners to execute the grant contract.
ITEM CATEGORY SPONSORED BY
Grant Yolanda Smith Charles
INTRODUCTION AND BACKGROUND
Grant acceptance from Michigan Department of Transportation (MDOT), Grant Contract No. 2023-
0733, Office of Aeronautics to Oakland County International Airport of a federal grant under the
Bipartissan Infrastructure Law (BIL) for the Rehabilitation of Taxiway-D and reconstruction of
Taxiway Lighting-D - Design in the amount of $522,756 in federal funds and $29,042 in state funds
(match) to Rehabilitate Taxiway-D and Reconstruct Taxiway Lighting-D – Design at Oakland County
International Airport in Waterford, MI.
The Airport Committee has reviewed the project and recommends acceptance of the grant contract.
The MDOT shall act as agent on behalf of the County in the administration of the project. The total
project cost is $580,840 and requires $522,756 in federal funds, $29,042 in state funds, and a local
grant match from the County of $29,042 that is available from the FY2024 Airport Fund (#56500).
The grant performance period begins May 24, 2023, through November 1, 2024. Purchasing
Division’s policies and procedures were followed and the annual competitively bid and selected
engineering contract for the project design is Mead and Hunt. A budget amendment is not required.
POLICY ANALYSIS
This is a request for the grant acceptance from Michigan Department of Transportation (MDOT),
Grant Contract No. 2023-0733, Office of Aeronautics to Oakland County International Airport of a
federal grant under the Bipartisan Infrastructure Law (BIL) for the Rehabilitation of Taxiway-D and
Reconstruction of Taxiway Lighting-D - Design in the amount of $522,756 in federal funds and
$29,042 in state funds (match) to Rehabilitate Taxiway-D and Reconstruct Taxiway Lighting-D –
Design at Oakland County International Airport. The grant performance period begins May 24, 2023,
through November 1, 2024.
MDOT shall act as agent on behalf of the County in the administration of the project. The Airport
Committee has reviewed the project and recommends acceptance of the grant contract. The grant
acceptance has completed the Grant Review Process in accordance with the Grants Policy. The
total project cost is $580,840 and requires $522,756 in federal funds, $29,042 in state funds, and a
local grant match from the County of $29,042 that is available from the FY2024 Airport Fund
(#56500). Purchasing Division’s policies and procedures were followed and the annual competitively
bid and selected engineering contract for the project design is Mead and Hunt. A budget
amendment is not required.
BUDGET AMENDMENT REQUIRED: No
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional
information.
CONTACT
Cheryl Bush, Manager Aviation & Transportation
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 10/17/2023
AGENDA DEADLINE: 10/27/2023 7:55 PM
ATTACHMENTS
1. Grant Review Sign-Off -airport
2. Pontiac 2023-0733 (15523) BIL AIG sig box
COMMITTEE TRACKING
2023-10-11 Economic Development & Infrastructure - Recommend to Board
2023-10-17 Full Board - Adopt
Motioned by: Commissioner Angela Powell
Seconded by: Commissioner Robert Hoffman
Yes: David Woodward, Michael Spisz, Karen Joliat, Kristen Nelson, Christine Long, Robert
Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William Miller III,
Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman (15)
No: None (0)
Abstain: None (0)
Absent: Gary McGillivray, Penny Luebs, Michael Gingell, Janet Jackson (4)
Passed
GRANT REVIEW SIGN-OFF – Economic Development/Aviation
GRANT NAME: Rehabilitate Twy D and Reconstruct 09/03/2023 (version 0)
FUNDING AGENCY: Federal Aviation Administration (FAA) through Michigan Department of Transportation
(MDOT) Office of Aeronautics
DEPARTMENT CONTACT: Cheryl Bush (248) 666-5680
STATUS: Acceptance (Greater than $10,000)
DATE: 09/27/2023
Please be advised that the captioned grant materials have completed internal grant review. Below are the returned
comments.
The Board of Commissioners’ liaison committee resolution and grant acceptance package (which should include this sign-
off and the grant agreement/contract with related documentation) may be requested to be placed on the agenda(s) of the
appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved – Shannon Lee on behalf of Sheryl Johnson (09/22/2023)
Human Resources:
Approved by Human Resources. No position impact- Heather Mason (09/22/2023)
Risk Management:
Approved. No County insurance requirements identified in documentation. – Robert Erlenbeck (09/24/2023)
Corporation Counsel:
Approved. – Jody Hall (09/26/2023)
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CONTRACT NO. 2023-0733
MICHIGAN DEPARTMENT OF TRANSPORTATION
OAKLAND COUNTY
CONTRACT FOR A FEDERAL/STATE/LOCAL
AIRPORT PROJECT
AT A PRIMARY COMMERCIAL SERVICE AIRPORT
This Contract is made and entered into between the Michigan Department of Transportation
(MDOT) and Oakland County (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 (PROJECT) described in
detail in Exhibit 1, dated May 25, 2023, attached hereto and made a part hereof.
PROJECT DESCRIPTION: Rehabilitate Taxiway-D and Reconstruct Taxiway Lighting-D
- Design.
Recitals:
This Contract is entered into in anticipation of the SPONSOR receiving a grant from the United
States Department of Transportation, Federal Aviation Administration (FAA), under the federal
Infrastructure Investment and Jobs Act of 2021 (Public Law 117-58), referred to as the
Bipartisan Infrastructure Law, for the airport infrastructure project described as the PROJECT.
Information required by 2 CFR Part 200 is attached to this Contract as Attachment X.
The parties agree that:
1.The term “PROJECT COST,” as used herein, is defined in Attachment 9, attached hereto
and made a part hereof. The PROJECT COST may also include administrative costs
incurred by MDOT in connection with the PROJECT.
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. All consultant contracts will be submitted to MDOT for review and
approval. Any such approval will not be construed as a warranty of the consultant’s
qualifications, professional standing, ability to perform the work being contracted, 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 MDOT.
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Any change to the consultant contract will require the prior written approval of MDOT.
In the event that the consultant contract is terminated, the SPONSOR will give immediate
written notice to MDOT.
3.Make payment to MDOT for the SPONSOR’s share of the PROJECT COSTS within
thirty (30) days of the billing date. MDOT 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.
Per 49 USC 47111, payments totaling no more than 90 percent of the federal share of a
project’s estimated allowable costs may be made before the project is completed. The
SPONSOR is responsible for the last 10 percent of the federal share of the PROJECT
COST before the PROJECT is completed. The SPONSOR will make payment directly to
vendors and/or contractors for the final 10 percent of the eligible PROJECT COSTS and
may then request a credit reimbursement for those costs paid.
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 ensure that the SPONSOR share of the 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 (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 USC 7501-7507), and the requirements of 2 CFR Part 200, including
Subpart F – Audit Requirements, as amended, and the provisions of 1951 PA 51,
MCL 247-660h, as applicable, that are in effect at the time of Contract award with
regard to audits.
i.Sponsors, excluding subgrant recipients under the Federal Aviation
Administration (FAA) State Block Grant Program, expending a total of
Seven Hundred Fifty Thousand Dollars ($750,000.00) or more in federal
funds in the sponsor’s fiscal year must have a single audit conducted for
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that year. The Seven Hundred Fifty Thousand Dollar ($750,000.00)
threshold represents all federal funding sources, not just grants from the
FAA. This is in accordance with the Single Audit Act of 1984, as
amended, and 2 CFR Part 200 Subpart F, as amended.
ii.Sponsors expending less than Seven Hundred Fifty Thousand Dollars
($750,000.00) in federal funds must submit a letter to MDOT advising that
a single audit was not required. The letter will indicate the applicable
fiscal year, the amount of federal funds spent, the name(s) of the MDOT
federal programs, and the Catalog of Federal Domestic Assistance
(CFDA) grant number(s). This information must be submitted to the
address in paragraph (iv) below.
iii.Sponsors must complete their single audits electronically through the
Federal Audit Clearinghouse website (http://harvester.census.gov.fac/).
Users are instructed to create an online report ID and then to complete
Form SF-SAC prior to submitting their reporting packages. The audit will
be completed and submitted electronically within thirty (30) days after
receipt of the auditor’s report(s) or within nine (9) months after the end of
the sponsor’s fiscal year, whichever is earlier.
iv.Sponsors must also submit one (1) paper copy of the completed Form SF-
SAC and reporting package within the same time frame set forth in
paragraph (iii) above to the address below:
Michigan Department of Transportation
Office of Aeronautics
Attn: Aviation Services Division
2700 Port Lansing Road
Lansing, MI 48906-2160
v.Sponsors will also comply with applicable state laws and regulations
relative to audit requirements.
vi.Sponsors will not charge audit costs to MDOT’s federal programs that are
not in accordance with the aforementioned 2 CFR Part 200 requirements.
vii.All sponsors are subject to the federally-required monitoring activities,
which may include limited scope reviews and other on-site monitoring.
viii.The federal award associated with this Contract is Bipartisan
Infrastructure Law – Airport Infrastructure Grant, number 20.106, federal
project number 3-26-0139-5022, award year 2022, Federal Aviation
Administration, Department of Transportation.
c.The SPONSOR will maintain the RECORDS for at least three (3) years from the
date of final payment made by MDOT under this Contract. In the event of a
dispute with regard to the allowable expenses or any other issue under this
Contract, the SPONSOR will thereafter continue to maintain the RECORDS at
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least until that dispute has been finally decided and the time for all available
challenges or appeals of that decision has expired.
d.MDOT or its representative may inspect, copy, scan, 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 MDOT or its
representatives to all technical data, 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 MDOT upon request. The SPONSOR also agrees to
permit representatives of MDOT to inspect the progress of all PROJECT work at any
reasonable time. Such inspections are for the exclusive use of MDOT 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 three (3) years from the date of final payment.
6.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 applicable state, federal, and
local 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.
7.The SPONSOR agrees that the costs reported to MDOT 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.
MDOT WILL:
8.Upon award of this Contract by MDOT and award of the FAA grant by the SPONSOR,
bill the SPONSOR the amount shown as the applicant share on Form 424 of the FAA
grant.
9.After written commitment of funds by the FAA and receipt of payment request approved
by the SPONSOR, make payment for all eligible PROJECT COSTS. MDOT will seek
reimbursement from the FAA for funds expended on eligible PROJECT COSTS. MDOT
will not make payment 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 to or billed to the SPONSOR. Once MDOT receives the final
reimbursement from the FAA, MDOT will reimburse the SPONSOR up to the 10 percent
federal share already paid by the SPONSOR.
IT IS FURTHER AGREED THAT:
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11.The PROJECT COST participation is estimated to be as shown below and as shown in
the attached Exhibit 1. The PROJECT COST participation shown in Exhibit 1 is to be
considered an estimate. The actual MDOT, FAA, and SPONSOR shares of the PROJECT
COST will be determined at the time of financial closure of the FAA grant.
Federal Share .....................................................................................................$522,756.00
Maximum MDOT Share ....................................................................................$ 29,042.00
SPONSOR Share ...............................................................................................$ 29,042.00
Estimated PROJECT COST ..............................................................................$580,840.00
12.The PROJECT COST may be met in part by contributions from the FAA and MDOT.
Upon final settlement of the costs, the federal funds will be applied to the eligible items
of PROJECT COST at the rate established in the FAA grant. The MDOT funds will be
applied to the balance of the PROJECT COST at a rate not to exceed fifty percent (50%)
for those items eligible for state participation, or up to the maximum obligation shown in
Section 11, or up to the revised maximum obligation set forth in a budget letter, as set
forth in Section 13, as applicable. Any items of PROJECT COST not funded with FAA
or MDOT funds will be the sole responsibility of the SPONSOR.
For portions of the PROJECT for which only MDOT and SPONSOR funds will be
applied to the final settlement, MDOT funds will be at a rate not to exceed ninety percent
(90%), and the total MDOT funds applied toward the PROJECT COST may be up to but
will not exceed the maximum MDOT obligation shown in Section 11 or the revised
maximum MDOT obligation set forth in a budget letter, as set forth in Section 13. Any
items of PROJECT COST not funded by FAA or MDOT funds will be the sole
responsibility of the SPONSOR.
Alternately, the PROJECT COST may be met in whole with federal funds granted to
MDOT by the FAA through the block grant program. Upon final settlement of the costs,
the federal funds will be applied to one hundred percent (100%) of the PROJECT COSTS
up to and not to exceed the maximum federal obligation shown in Section 11 or the
revised maximum federal obligation set forth in a budget letter, as set forth in Section 13.
MDOT funds in this Contract made available through legislative appropriation are based
on projected revenue estimates. MDOT may reduce the amount of this Contract if the
revenue actually received is insufficient to support the appropriation under which this
Contract is made.
All agreements and/or contracts or supply requisitions involving MDOT funds will
comply with 49 CFR Part 18, incorporated herein by reference.
13.The PROJECT COST shown in Section 11 includes the maximum obligations of MDOT
and federal funds under this Contract. The maximum obligations of MDOT and federal
funds may be adjusted to amounts less than the maximums set forth in Section 11 through
a budget letter issued by MDOT. A budget letter will be written when it is necessary to
reduce the funding amounts shown in Section 11 in order to match the federal grant
issued for the PROJECT. The budget letter will be signed by the Administrator of the
Airports Division of the Office of Aeronautics.
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A budget letter may also be written to add or delete work items from the PROJECT
description to match the federal grant description, provided that the costs do not exceed
the maximum obligations of Section 11. If the total 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 will have to be awarded by the parties to provide
additional funds before the work is started.
14.Payment of all PROJECT COSTS incurred by the SPONSOR prior to written
commitment of funds by the FAA will be the responsibility of the SPONSOR.
15.In the event it is determined by MDOT that there will be either insufficient funds or
insufficient time to properly administer such funds for the entire PROJECT or portions
thereof, MDOT, 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
that this occurs, this Contract will be void and of no effect with respect to the canceled
portion(s) of the PROJECT. Any SPONSOR deposits on the canceled portion(s), less
PROJECT COSTS incurred on the canceled portion(s), will be refunded following receipt
of a letter from the SPONSOR requesting that excess funds be returned or at the time of
financial closure, whichever comes first.
MDOT will not participate in PROJECT COSTS incurred on canceled portions of the
PROJECT, and Sections 11 and 12 will not be construed to require MDOT’s participation
in the canceled portions.
Reimbursement of any costs pursuant to this section will not constitute a final
determination by MDOT of the allowability of such costs and will not constitute a waiver
by MDOT of any violation of the terms and conditions of this Contract committed by the
SPONSOR.
16.In the event that an audit performed by or on behalf of MDOT indicates an adjustment to
the costs reported under this Contract or questions the allowability of an item of expense,
MDOT 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 MDOT 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 MDOT a written
explanation as to any questioned or no opinion expressed item of expense (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 MDOT. 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
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disallowance of an item of expense and authorizes MDOT to finally disallow any items
of questioned or no opinion expressed cost.
MDOT 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 MDOT determines that an overpayment has been made to the SPONSOR, the
SPONSOR will repay that amount to MDOT or reach agreement with MDOT on a
repayment schedule within thirty (30) days after the date of an invoice from MDOT. If
the SPONSOR fails to repay the overpayment or reach agreement with MDOT on a
repayment schedule within the thirty (30) day period, the SPONSOR agrees that MDOT
will deduct all or a portion of the overpayment from any funds then or thereafter payable
by MDOT 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 MDOT 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 MDOT’s decision only as to
any item of expense the disallowance of which was disputed by the SPONSOR in a
timely filed RESPONSE.
17.Any approvals, acceptances, reviews, and/or inspections of any nature by MDOT will not
be construed as warranties or assumptions of liability on the part of MDOT. It is
expressly understood and agreed that any such approvals, acceptances, reviews, and/or
inspections are for the sole and exclusive purposes of MDOT, which is acting in a
governmental capacity under this Contract, and that such approvals, acceptances,
reviews, and/or inspections are a governmental function incidental to the PROJECT
under this Contract.
Any such approvals, acceptances, reviews, and/or inspections by MDOT will not relieve
the SPONSOR of its obligations hereunder, nor are such approvals, acceptances, reviews,
and/or inspections provided by MDOT to be construed as warranties as to the propriety of
the SPONSOR’s performance but are undertaken for the sole use and information of
MDOT.
18.In connection with the performance of PROJECT work under this Contract, the
SPONSOR (hereinafter in Appendix A referred to as the “contractor”) agrees to comply
with the State of Michigan provisions for “Prohibition of Discrimination in State
Contracts,” as set forth in Appendix A, dated June 2011, attached hereto and made a part
hereof. The SPONSOR (hereinafter in Appendix B referred to as the “contractor”) further
agrees to comply with the Civil Rights Act of 1964, being P.L. 88-352, 78 Stat. 241, as
amended, being Title 42 USC Sections 1971, 1975a-1975d, and 2000a-2000h-6, 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.
These provisions will be included in all subcontracts relating to this Contract.
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19.The SPONSOR will carry out the applicable requirements of MDOT’s DBE program and
40 CFR Part 26, including, but not limited to, those requirements set forth in Appendix C,
dated October 2, 2014, attached hereto and made a part hereof.
20.The parties further agree that they will abide by 49 CFR Part 26 with regard to federal
DBE requirements. Certification of DBEs, including appeals, recertification, “no
change” affidavits and notices of change, and personal net worth requirements are
required by 49 CFR and will be performed for the SPONSOR by MDOT.
21.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
MDOT 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 MDOT. 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 MDOT. 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 MDOT with each invoice in the
format set forth in Appendix G, dated September 2015, attached hereto and made a part
hereof, or any other format acceptable to MDOT.
22.In accordance with 1980 PA 278, MCL 423.321 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 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. MDOT may void this Contract if the name of the SPONSOR or the name of
a subcontractor, manufacturer, or supplier utilized by the SPONSOR in the performance
of this Contract subsequently appears in the register during the performance period of this
Contract.
23.In any instance of dispute and/or litigation concerning the PROJECT, the resolution
thereof will be the sole responsibility of the party/parties to the contract that is/are the
subject of the controversy. It is understood and agreed that any legal representation of the
SPONSOR in any dispute and/or litigation will be the financial responsibility of the
SPONSOR.
24.MDOT 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 the Contract
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without their specific consent and notwithstanding their concurrence with 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 give, 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.With regard to claims based on goods or services that were used to meet the SPONSOR’s
obligation to MDOT 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 MDOT due to any violation of 15 USC, Sections 1 - 15, and/or 1984 PA
274, MCL 445.771 - 445.788, excluding Section 4a, to the State of Michigan or MDOT.
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 MDOT with regard to claims based on goods or services that were used to
meet the SPONSOR’s obligation to MDOT under this Contract due to any violation of 15
USC, Sections 1 - 15, and/or 1984 PA 274, MCL 445.771 - 445.788, excluding Section
4a, to the State of Michigan or MDOT as a third-party beneficiary.
The SPONSOR shall notify MDOT 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 MDOT under this Contract may have occurred or is threatened to occur.
The SPONSOR shall also notify MDOT 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 MDOT under this
Contract.
27.This Contract will be in effect from the date of award (the date of the final signature)
through twenty (20) years. Any change to the term of this Contract will be by award of a
prior written amendment to this Contract by the parties.
28.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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29.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 MDOT 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 MDOT with this Contract, as applicable.
OAKLAND COUNTY
By: ________________________________________
Authorized Signer
MICHIGAN DEPARTMENT OF TRANSPORTATION
By: ________________________________________
Title: Department Director
BIL AIG May 25, 2023
Federal State Local Total
PLANNING $0 $0 $0 $0
DESIGN $522,756 $29,042 $29,042 $580,840
$411,539 $22,863 $22,863 $457,265
$111,218 $6,179 $6,179 $123,575
CONSTRUCTION $0 $0 $0 $0
TOTAL PROJECT BUDGET $522,756 $29,042 $29,042 $580,840
Federal Billing Breakdown:
Bill #1 $522,756 SBGP 15523 Grant Award Date: 9/8/23
Bid Date & Type:NA MDOT
Performance End Date:11/01/24
MAC Approval: 5/24/23
EXHIBIT 1
OAKLAND COUNTY INTERNATIONAL AIRPORT
PONTIAC, MICHIGAN
Reconstruct Taxiway Lighting-D-
Design
Rehabilitate Taxiway-D-Design
Job No. 122357, 211714
Project No. 3-26-0155-2023
ATTACHMENT X
REQUIRED FOR ALL PROJECTS
Notification of Required Federal Program Information to
Sub-recipients for Federal Funding
1. Does this project receive Federal funds?Yes
2. Recipient’s Name:OAKLAND COUNTY
3.Recipient’s DUNS Number:DUNS 13-620-0362 / UEI HZ4EUKDD7AB4
4. Amount of Federal funds:$580,840
5. Federal Grant Number(s):SBGP 15523
6. Grant Award Date(s):09/08/2023
7. MDOT Project Number:3-26-0155-2023
8. Project Description:See Project Description on page one (1)of this contract.
9. CFDA Number, Federal Agency, Program Title:CFDA 20.106
Federal Aviation Administration
Airport Improvement Program
10. Federal Award Identification Number (FAIN):3-26-SBGP-155-2023
11. Federal Award Date: 09/08/2023
12. Period of Performance Start Date: Award Date of MDOT Contract
13. Period of Performance End Date: 11/01/24
14. Amount of Federal Funds obligated by this action:$580,840
15. Total amount of Federal Funds obligated: $580,840
16. Total amount of the Federal award:$580,840
17. Budget Approved Cost sharing or matching, where applicable:N/A
18. Name of Federal awarding agency and contact information for awarding official:
Acting Director Bradley C. Wieferich, P.E., Michigan Department of Transportation
425 West Ottawa Street, Lansing, MI 48909
19. Is this a Research and Development award?No
20.Indirect cost rate for the Federal award (if applicable):N/A
ATTACHMENT 9
SUPPLEMENTAL PROVISIONS FOR FEDERAL/STATE/LOCAL CONTRACTS
INVOLVING ONLY PRELIMINARY/DESIGN ENGINEERING
AT ALL CLASSIFICATIONS OF AIRPORTS
1. The PROJECT COST will include the cost of the consultant hired to do preliminary/design
engineering for the PROJECT.
2. The SPONSOR agrees that it will maintain the airport in full operating condition on a year-
round basis for a period of twenty (20) years, in accordance with the general utility licensing
requirements set forth by the Michigan Aeronautics Commission in its 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 provide the DEPARTMENT prior
written notice of such intent giving the DEPARTMENT, for a period of one hundred eighty
(180) days after receipt of such notice, a first right to purchase at fair market value the airport
and all facilities thereon. Fair market value will 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 Executive Administrator of the Office
of 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 that are necessary to serve the aeronautical
users of the airport, other than facilities owned or controlled by the United States or the State
of Michigan, and will not permit any activity thereon that would interfere with its use for
airport purposes, provided, however, that nothing herein will be construed as requiring the
maintenance, repair, restoration, or replacement of any structure or facility that 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 that would constitute an
obstruction to air navigation according to the criteria or standards prescribed in the FAA
Advisory Circulars.
Page 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 Public Act 453 of 1976 (Elliott-Larsen Civil Rights Act), the
contractor shall not discriminate against an employee or applicant for employment with
respect to hire, tenure, treatment, terms, conditions, or privileges of employment or a
matter directly or indirectly related to employment because of race, color, religion,
national origin, age, sex, height, weight, or marital status. A breach of this covenant will
be regarded as a material breach of this contract. Further, in accordance with Public Act
220 of 1976 (Persons with Disabilities Civil Rights Act), as amended by Public Act 478
of 1980, the contractor shall not discriminate against any 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 will 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 ensure that applicants for employment and
employees are treated without regard to their race, color, religion, national origin, age,
sex, height, weight, marital status, or any 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; treatment; 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 shall, 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 its collective bargaining representative shall send to each labor union or
representative of workers with which the contractor has a collective bargaining
agreement or other contract or understanding a notice advising such labor union or
workers’ representative of the contractor’s commitments under this Appendix.
6. The contractor shall comply with all relevant published rules, regulations, directives, and
orders of the Michigan Civil Rights Commission that may be in effect prior to the taking
of bids for any individual state project.
7. The contractor shall 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 itself, and said contractor shall permit access to
the contractor’s books, records, and accounts by the Michigan Civil Rights Commission
and/or its agent for the purposes of investigation to ascertain compliance under this
contract and relevant rules, regulations, and orders of the Michigan Civil Rights
Commission.
8. In the event that the Michigan Civil Rights Commission finds, after a hearing held
pursuant to its rules, that a contractor has not complied with the contractual obligations
under this contract, the Michigan Civil Rights Commission may, as a part of its order
based upon such findings, certify said findings to the State Administrative Board of the
State of Michigan, which State 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,
including the governing boards of institutions of higher education, until the contractor
complies with said order of the Michigan 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 Michigan 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 Michigan Civil Rights Commission to
participate in such proceedings.
9. The contractor shall include or incorporate by reference, the provisions of the foregoing
paragraphs (1) through (8) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Michigan Civil Rights Commission; all subcontracts
and purchase orders will also state that said provisions will be binding upon each
subcontractor or supplier.
Revised June 2011
Appendix B
(Aeronautics)
CIVIL RIGHTS ACT OF 1964, TITLE VI - 49 CFR PART 21
CONTRACTUAL REQUIREMENTS
During the performance of this contract, the contractor, for itself, its assignees and successors in
interest (hereinafter referred to as the “contractor”) agrees as follows:
1. Compliance with Regulations. The contractor will comply with the Regulations relative
to nondiscrimination in federally assisted programs of the Department of Transportation
(hereinafter “DOT”) Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time (hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of this contract.
2. Nondiscrimination. The contractor, with regard to the work performed by it during the
contract, will not discriminate on the grounds of race, color, or national origin in the
selection and retention of subcontractors, including procurement of materials and leases
of equipment. The contractor will not participate either directly or indirectly in the
discrimination prohibited by section 21.5 of the Regulations, including employment
practices when the contract covers a program set forth in Appendix B of the Regulations.
3. Solicitation for Subcontracts, Including Procurement of Materials and Equipment. In all
solicitations either by competitive bidding or negotiation made by the contractor for work
to be performed under a subcontract, including procurement of materials of leases of
equipment, each potential subcontractor or supplier will be notified by the contractor of
the contractor’s obligations under this contract and the Regulations relative to
nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports. The contractor will provide all information and reports
required by the Regulations or directives issued pursuant thereto and will permit access to
its books, records, accounts, other sources of information, and its facilities as may be
determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent
to ascertain compliance with such Regulations, orders, and instructions. Where any
information required of a contractor is in the exclusive possession of another who fails or
refuses to furnish this information, the contractor will so certify to the sponsor of the
FAA, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of the contractor’s noncompliance with the
nondiscrimination provisions of this contract, the sponsor will impose such contract
sanctions as it or the FAA may determine to be appropriate, including, but not limited to:
Page 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.
Page 2 of 2
(Revised October 2, 2014)
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, which may include, but is not
limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanction;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible.
APPENDIX F
1
GENERAL CONDITIONS
(Any Reference to FAA includes MDOT where applicable.)
1. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that
the FAA/MDOT has determined to be ineligible or unallowable.
2. Determining the Final Federal Share of Costs. The United States’ share of allowable project
costs will be made in accordance with the regulations, policies and procedures of the
Secretary. Final determination of the United States’ share will be based upon the final audit
of the total amount of allowable project costs and settlement will be made for any upward or
downward adjustments to the Federal share of costs.
3. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor
must carry out and complete the project without undue delays and in accordance with this
agreement, and the regulations, policies and procedures of the Secretary. The Sponsor also
agrees to comply with the assurances which are part of this agreement.
4. Improper Use of Federal Funds. The Sponsor must 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 other 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 dispersed by the Sponsor that were originally paid pursuant to
this or any other Federal grant agreement. The Sponsor must obtain the approval of the
Secretary as to any determination of the amount of the Federal share of such funds. The
Sponsor must return the recovered Federal share, including funds recovered by settlement,
order, or judgment, to the Secretary. The Sponsor must 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 require advance approval by the Secretary.
5. United States Not Liable for Damage or Injury. The United States is not be responsible or
liable for damage to property or injury to persons which may arise from, or be incident to,
compliance with this subgrant agreement.
6. Air and Water Quality. The Sponsor is required to comply with all applicable air and water
quality standards for all projects in this subgrant. If the Sponsor fails to comply with this
requirement, the FAA/MDOT may suspend, cancel, or terminate this subgrant.
7. Financial Reporting and Payment Requirements. The Sponsor will comply with all federal
financial reporting requirements and payment requirements, including submittal of timely
and accurate reports.
8. Buy American. Unless otherwise approved in advance by the FAA/MDOT, 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 which funds are
provided under this subgrant. The Sponsor will include a provision implementing Buy
American in every contract.
APPENDIX F
2
9. Suspension or Debarment.
The State must:
A. Immediately disclose to the FAA whenever the State:
1. Learns a sub-recipient has entered into a covered transaction with an ineligible entity;
2. Suspends or debars a contractor, person or entity.
The Subgrantee must:
B. When entering into “covered transactions”, as defined by 2 CFR 180.200:
1. Verify the non-federal entity is eligible to participate in this Federal program by:
a. Checking the excluded parties list system (EPLS) as maintained within the System for
Award Management (SAM) to determine if non-federal entity is excluded or
disqualified; or
b. Collecting a certification statement from the non-federal entity attesting they are
not excluded or disqualified from participating; or
c. Adding a clause or condition to covered transactions attesting individual or firm are
not excluded or disqualified from participating.
2. Require prime contractors to comply with 2 CFR 180.330 when entering into lower-
Tier transactions (e.g. Sub-contracts).
10. Ban on Texting When Driving.
a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text
Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text
Messaging While Driving, December 30, 2009, the Sponsor is encouraged to:
i. Adopt and enforce workplace safety policies to decrease crashes caused
by distracted drivers including policies to ban text messaging while driving
when performing any work for, or on behalf of, the Federal government,
including work relating to a grant or subgrant.
ii. Conduct workplace safety initiatives in a manner commensurate with the
size of the business, such as:
1. Establishment of new rules and programs or re-evaluation of
existing programs to prohibit text messaging while driving; and
2. Education, awareness, and other outreach to employees
about the safety risks associated with texting while driving.
b. The Sponsor must insert the substance of this clause on banning texting when driving
in all subgrants, contracts and subcontracts.
APPENDIX F
3
11. Trafficking in Persons.
a. Prohibitions: The prohibitions against trafficking in persons (Prohibitions) that
apply to any entity other than a State, local government, Indian tribe, or foreign
public entity. This includes private Sponsors, public Sponsor employees,
subrecipients of private or public Sponsors (private entity) are:
1. Engaging in severe forms of trafficking in persons during the period of time that
the agreement is in effect;
2. Procuring a commercial sex act during the period of time that the agreement is in
effect; or
3. Using forced labor in the performance of the agreement, including subcontracts
or sub-agreements under the agreement.
b. In addition to all other remedies for noncompliance that are available to the FAA,
Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as
amended (22 U.S.C. 7104(g)), allows the FAA/MDOT to unilaterally terminate this
agreement, without penalty, if a private entity –
i. Is determined to have violated the Prohibitions; or
ii. Has an employee who the FAA/MDOT determines has violated the
Prohibitions through conduct that is either—
1. Associated with performance under this agreement; or
2. Imputed to the Sponsor or subrecipient using 2 CFR part 180, “OMB Guidelines to
Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as
implemented by the FAA at 49 CFR Part 29.
12. Exhibit A Included with Grant Application. The Exhibit “A” updated on the date shown on
the Exhibit A, submitted with the project application, is made a part of this grant agreement.
13. Co-Sponsor.
The Co-Sponsors understand and agree that they jointly and severally adopt and ratify the
representations and assurances contained therein and that the word "Sponsor" as used in the
application and other assurances is deemed to include all co-sponsors.
14. Audits for Public Sponsors.
A subgrantee expending $750,000 or more of Federal awards in a fiscal year must conduct a
single or program specific audit in accordance with 2 CFR part 200 part 200.
APPENDIX F
4
15. System for Award Management (SAM) Registration and Universal Indentifier.
A. Requirement for System for Award Management (SAM): Unless the subgrantee is
exempted from this requirement under 2 CFR 25.110, the subgrantee must maintain the
currency of its information in the SAM until the State submits the final financial report
required under this grant, or receives the final payment, whichever is later. This requires that
the State review and update the information at least annually after the initial registration and
more frequently if required by changes in information or another award term. Additional
information about registration procedures may be found at the SAM website (currently at
http://www.sam.gov).
B. Requirement for Data Universal Numbering System (DUNS) Numbers:
1. The State must notify a potential subrecipient that it cannot receive a subgrant unless
it has provided its DUNS number to the State.
2. The State may not make a subgrant to a subrecipient unless the subrecipient has
has provided its DUNS number to the State.
3. Data Universal Numbering System: DUNS number means the nine-digit number
Established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely indentify
business entities. A DUNS number may be obtained from D&B by telephone
(866-606-8220) or on the web at http://fedgov.dnb.com/webform).
16. Employee Protection from Reprisal.
A. Prohibition of Reprisals-
1. In accordance with 41U.S.C. § 4712, an employee of a grantee or subgrantee may
not be discharged, demoted, or otherwise discriminated against as a reprisal for
disclosing to a person or body described in sub-paragraph (A)(2), information that
the employee reasonably believes is evidence of:
i. Gross mismanagement of a Federal grant;
ii. Gross waste of Federal funds;
iii. An abuse of authority relating to implementation or use of Federal funds;
iv. A substantial and specific danger to public health or
safety; or v. A violation of law, rule,or regulation related
to a Federal grant.
2. Persons and bodies covered: The persons and bodies to which a disclosure by an
employee is covered are as follows:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Federal office or employee responsible for oversight of a grant program;
v. A court or grand jury;
vi. A management office of the grantee or
subgrantee;or vii. A Federal or State regulatory
enforcement agency.
APPENDIX F
5
B. Submission of Complaint- A person who believes that they have been subjected to a
reprisal prohibited by paragraph A of this grant term may submit a complaint regarding
the reprisal to the Office of Inspector General {OIG) for the U.S. Department of
Transportation.
C. Time Limitation for Submittal of a Complaint- A complaint may not be brought
under this subsection more than three years after the date on which the alleged
reprisal took place.
D. Required Actions of the Inspection General- Actions, limitations and exceptions of the
Inspector
General's office are established under 41U.S.C. § 4712{b).
E. Assumption of Rights to Civil Remedy- Upon receipt of an explanation of a decision not to
conduct or continue an investigation by the Office of Inspector General, the person
submitting a complaint assumes the right to a civil remedy under 41U.S.C. § 4712(c).
17. Land Acquisition.
A. "The Sponsor agrees that no payments will be made on the grant until the Sponsor has
presented evidence to the State that it has recorded the grant agreement, including the
grant assurances, in the public land records of the county courthouse. The Sponsor
understands and agrees that recording the grant agreement legally enforces these
requirements, encumbrances and restrictions on the obligated land."
APPENDIX F
Special Conditions
Note: Any reference to FAA includes MDOT, where applicable.
March 27, 2014 FAA; October 29, 2014 MDOT Page 1
Sponsor
Type1
Type of Project Special Conditions
Airport ARFF and SRE :
Equipment Acquisition
ARFF and SRE EQUIPMENT AND VEHICLES: The Sponsor agrees that it
will:
1) house and maintain the equipment in a state of operational
readiness on and for the airport;
2) provide the necessary staffing and training to maintain and operate
the vehicle and equipment;
3) restrict the vehicle to on-airport use only;
4) restrict the vehicle to the use for which it was intended; and
5) amend the Airport Emergency Plan and/or Snow and Ice Control Plan
to reflect the acquisition of the vehicle and equipment. (Applicable only
for Part 139 Airports).
Airport Equipment Replacement
such as ARFF and SRE
EQUIPMENT OR VEHICLE REPLACEMENT: The Sponsor agrees that
because the Fair Market Value is $5,000 or more and the
equipment/vehicle will not be retained by the Sponsor for airport
purposes (or donated to another eligible/justified Sponsor), the
Sponsor will use the Fair Market Value of equipment being replaced by
this project to reduce the total project costs.
Airport ARFF Equipment - Off-
Airport Storage
OFF-AIRPORT STORAGE OF ARFF VEHICLE: The Sponsor agrees that it
will:
1) house and maintain the vehicle in a state of operational readiness for
the airport;
2) provide the necessary staffing and training to maintain and operate
the vehicle;
3) restrict the vehicle to airport use only;
4) amend the Airport Emergency Plan to reflect the acquisition of the
vehicle ;
5) within 60 days, execute an agreement with local government
including the above provisions and a provision that violation of
agreement could require repayment of subgrant funding; and
6) submit a copy of the executed agreement to the FAA.
Airport AWOS AUTOMATED WEATHER OBSERVING SYSTEMS (AWOS): The Sponsor
agrees that it will:
1) within 60 calendar days of subgrant acceptance, establish a
Memorandum of Agreement (MOA) with the FAA;
2) develop an Operations Maintenance Manual to more specifically
describe the operational, maintenance, and documentation
1 Sponsor types include Airport Sponsor (Public and Private), Airport Sponsor (Private Only), Noise, and State or Local
Government
APPENDIX F
Special Conditions
Note: Any reference to FAA includes MDOT, where applicable.
March 27, 2014 FAA; October 29, 2014 MDOT Page 2
Sponsor
Type1
Type of Project Special Conditions
requirements for the AWOS;
3) within 60 calendar days of installation, take the necessary actions to
initiate the AWOS commissioning by the FAA; and
4) provide for the installation, commissioning, continuous operation,
and maintenance of any Non-Federal AWOS funded under this grant for
the useful life of the equipment.
The Sponsor further understands that the FAA will not take over the
ownership, operation, or maintenance of any Sponsor-acquired
equipment.
Airport ALP & AIP Funded
Construction
AIRPORT LAYOUT PLAN: The Sponsor understands and agrees to
update the Airport Layout Plan to reflect the construction to standards
satisfactory to the FAA and submit it in final form to the FAA. It is
further mutually agreed that the reasonable cost of developing said
Airport Layout Plan Map is an allowable cost within the scope of this
project.
Airport Lighting - Operation and
Maintenance
LIGHTING: The Sponsor must operate and maintain the lighting system
during the useful life of the system in accordance with applicable FAA
standards.
Airport Temporary NAVAIDS TEMPORARY NAVAIDS: The Sponsor agrees that this equipment is
being acquired for temporary use to minimize disruptions to the airport
during construction. The Sponsor further agrees that upon
construction completion of this project or at the point when this
equipment is no longer needed for its intended use (but no later than
the construction completion of the project), that the Sponsor will house
this equipment in an interior enclosure. The Sponsor further agrees to
make this equipment available, without cost, to be transferred to
another airport or as directed by the FAA.
Airport Construction on land not
yet acquired/ Good Title
NOTICE TO PROCEED - PROPERTY INTEREST ACQUIRED: The Sponsor
understands and agrees that the FAA authorization for the Sponsor to
issue a notice to proceed with construction work will not be given until
the Sponsor has adequately certified that good title will be acquired on
the land on which construction is to be performed.
Airport Construction on land not
yet acquired/ Good Title
TITLE EVIDENCE: The Sponsor understands and agrees that the FAA will
not make nor be obligated to make any payments involving Parcel(s)
N/A until title evidence has been submitted to, and found satisfactory
by the FAA, subject to no liens, encumbrances, reservations or
exceptions which in the opinion of the FAA might create an undue risk
or interference with the use and operation of the airport.
APPENDIX F
Special Conditions
Note: Any reference to FAA includes MDOT, where applicable.
March 27, 2014 FAA; October 29, 2014 MDOT Page 3
Sponsor
Type1
Type of Project Special Conditions
Airport DBE Plan DBE PLAN: The Sponsor understands and agrees that the FAA will not
make nor be obligated to make any payments on this subgrant until the
Sponsor has received approval of its DBE Plan from the FAA Office of
Civil Rights.
Airport Environmental
(Required for All
Projects)
ENVIRONMENTAL: The environmental approval for this project was
issued on the date/s shown in Aeronautics’ Michigan Department of
Transportation’s computer program AeroPM. This project includes the
following mitigation measures:
Please refer directly to CATEX and all additional environmental
documentation for impact considerations and mitigation measures.
The Sponsor understands and agrees to complete the above-listed
mitigation measures to standards satisfactory to the FAA. It is further
mutually agreed that the reasonable cost of completing these
mitigation measures is an allowable cost within the scope of this
project.
Airport EMAS EMAS BLOCK PRE-PURCHASE: The Sponsor understands that it may
request reimbursement for payment made by the Sponsor to the EMAS
manufacturer for up to 90% of the cost of EMAS block manufacturing
costs of EMAS blocks that remain in the manufacturer's care, custody
and control provided that the Sponsor has provided a certification to
the FAA as to quantity and condition of the EMAS blocks.
The remaining payment may be made after delivery to the Sponsor’s
location and acceptance by the Sponsor.
Airport Equipment EQUIPMENT ACQUISITION: The Sponsor understands and agrees that
any equipment acquired through this subgrant is considered a facility
as that term is used in the Grant Assurances. Further, the equipment
must be only operated by the Sponsor. The Sponsor agrees that it will
maintain the equipment and use it exclusively at the airport for airport
purposes.
Airport Equipment - Friction
Measuring Device
FRICTION MEASURING DEVICES: The Sponsor agrees that it will
properly calibrate, operate, and maintain the friction measuring
equipment. The friction measuring equipment and tow vehicle (if
applicable) must not be used for any other purpose other than for
conducting friction measuring tests on airport pavement surfaces and
directly related activities.
APPENDIX F
Special Conditions
Note: Any reference to FAA includes MDOT, where applicable.
March 27, 2014 FAA; October 29, 2014 MDOT Page 4
Sponsor
Type1
Type of Project Special Conditions
Airport NAVAIDS - ILS
Note that in general,
Category I ILS are no
longer being installed.
Instead, RNAV
approaches provide
equivalent approach
minima. Installation of a
new ILS must follow the
ILS policy and must have
APP-1 approval.
INSTRUMENT LANDING SYSTEM AND ASSOCIATED EQUIPMENT IN
PROJECT: The Sponsor agrees that it will:
1) Prior to commissioning, assure the equipment meets the FAA’s
standards; and
2) Remove, relocate, lower, mark, or light each obstruction to obtain a
clear approach as indicated in the 14 CFR part 77 aeronautical survey.
Airport Fence - Wildlife WILDLIFE FENCE: The Sponsor understands that the fence is being
installed to prevent wildlife from entering the airfield. The Sponsor
agrees that it will maintain the integrity of the fence for its useful life,
but no less than 20 years from the date of the subgrant was issued.
The Sponsor understands that maintenance of the fence includes repair
of damage to the fence or gates due to any purpose.
Airport Land - Revise Exhibit "A"
Property Map
UPDATE APPROVED EXHIBIT “A” PROPERTY MAP FOR LAND IN
PROJECT: The Sponsor understands and agrees to update the Exhibit
“A” Property Map to standards satisfactory to the FAA and submit it in
final form to the FAA. It is further mutually agreed that the reasonable
cost of developing said Exhibit “A” Property Map is an allowable cost
within the scope of this project.
Airport Land acquisition -Future
Land
FUTURE DEVELOPMENT LAND: The Sponsor agrees to perform the
airport development which requires this land acquisition within 10
years of this subgrant agreement, and further agrees not to dispose of
the land by sale or lease without prior consent and approval of the FAA.
In the event the land is not used within 10 years for the purpose for
which it was acquired, the Sponsor will refund the Federal and State
share of acquisition cost or the current fair market value of the land,
whichever is greater.
Airport Master Plan -
Coordination
COORDINATION: The Sponsor agrees to coordinate this master
planning study with the metropolitan planning organizations, other
local planning agencies, and with the State Airport System Plan
prepared by the State’s Department of Transportation and consider any
pertinent information, data, projections, and forecasts which are
currently available or as will become available. The Sponsor agrees to
consider any State Clearinghouse comments and to furnish a copy of
the final report to the State’s Department of Transportation.
APPENDIX F
Special Conditions
Note: Any reference to FAA includes MDOT, where applicable.
March 27, 2014 FAA; October 29, 2014 MDOT Page 5
Sponsor
Type1
Type of Project Special Conditions
Airport NAVAIDS -Operations
and maintenance
AIRPORT-OWNED VISUAL OR ELECTRONIC NAVIGATION AIDS IN
PROJECT: The Sponsor agrees that it will:
1) Provide for the continuous operation and maintenance of any
navigational aid funded under this subgrant agreement during the
useful life of the equipment;
2) Prior to commissioning, assure the equipment meets the FAA’s
standards; and
3) Remove, relocate, lower, mark, or light each obstruction to obtain a
clear approach as indicated in the 14 CFR part 77 aeronautical survey.
Airport New or
Replacement Airport
SITE SELECTION: The Sponsor understands and agrees that the Project
cannot proceed beyond the site selection study until the Sponsor has
received formal approval from the FAA to proceed.
Airport Non-AIP Utility Proration
(Refer to AIP Handbook
–Ch. 3, Sec. 11, Par. 3-
98)
UTILITIES PRORATION: For purposes of computing the United States’
share of the allowable project costs, the allowable cost of the utilities
specified in the Engineering Plans and Proposal included in the project
must not exceed costs agreed upon in the Plans, Proposal, and Contract
Changes and then calculated in total as a percent.
Airport Utility Relocation UTILITY RELOCATION IN PROJECT: The Sponsor understands and
agrees that:
1) the United States will not participate in the cost of any utility
relocation unless and until the Sponsor has submitted evidence
satisfactory to the FAA that the Sponsor is legally responsible for
payment of such costs;
2) FAA participation is limited to those utilities located on-airport or
off-airport only where the Sponsor has an easement for the utility; and
3) the utilities exclusively serve the Airport;
Airport Obstruction Removal OBSTRUCTION REMOVAL: The Sponsor agrees to clear Parcel(s) as
identified on the Engineering Plans, Proposal, and Contract Changes, as
shown on Exhibit "A" Property Map, of the following obstructions:
Obstructions as identified and called out on the Engineer Plans, as
identified in the field, and as directed by the Engineer and then
documented in the As-Built Plans at construction completion prior to
final payment under the project. The Sponsor also agrees that it will
not erect, nor permit the erection of any permanent structures or
obstructions on the airport except those required for aids to air
navigation or those which have been specifically approved by the FAA.
APPENDIX F
Special Conditions
Note: Any reference to FAA includes MDOT, where applicable.
March 27, 2014 FAA; October 29, 2014 MDOT Page 6
Sponsor
Type1
Type of Project Special Conditions
Airport
Pavement PAVEMENT MAINTENANCE MANAGEMENT PROGRAM: The Sponsor
agrees that it will implement an effective airport pavement
maintenance management program as required by Subgrant Assurance
Pavement Preventive Management. The Sponsor agrees that it will use
the program for the useful life of any pavement constructed,
reconstructed, or repaired with federal financial assistance at the
airport. The Sponsor further agrees that the program will
1. follow FAA Advisory Circular 150/5380-6, “Guidelines and
Procedures for Maintenance of Airport Pavements,” for specific
guidelines and procedures for maintaining airport pavements,
establishing an effective maintenance program, specific types of
distress and its probable cause, inspection guidelines, and
recommended methods of repair;
2. detail the procedures to be followed to assure that proper
pavement maintenance, both preventive and repair, is performed;
3. include a Pavement Inventory, Inspection Schedule, Record
Keeping, Information Retrieval, and Reference, meeting the
following requirements:
a. Pavement Inventory. The following must be depicted in an
appropriate form and level of detail:
1) location of all runways, taxiways, and aprons;
2) dimensions;
3) type of pavement, and;
4) year of construction or most recent major rehabilitation.
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 the Advisory
Circular 150/5380-6, the frequency of inspections may be
extended to 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. For drive-
by inspections, the date of inspection and any maintenance
performed must be recorded.
4. 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 type of
distress, location, and remedial action, scheduled or performed,
must be documented. The minimum information is:
APPENDIX F
Special Conditions
Note: Any reference to FAA includes MDOT, where applicable.
March 27, 2014 FAA; October 29, 2014 MDOT Page 7
Sponsor
Type1
Type of Project Special Conditions
a. inspection date;
b. location;
c. distress types; and
d. maintenance scheduled or performed.
Information Retrieval System. The Sponsor must be able to retrieve the
information and records produced by the pavement survey to provide a
report to the FAA as may be required.
Airport Pavement Exceeding
$500,000
PROJECTS WHICH CONTAIN PAVING WORK IN EXCESS OF $500,000:
The Sponsor agrees to:
a. Furnish a construction management program to the FAA prior to
the start of construction which details the measures and
procedures to be used to comply with the quality control
provisions of the construction contract, including, but not limited
to, all quality control provisions and tests required by the Federal
and State specifications. The program must include as a
minimum:
(1) The name of the person representing the Sponsor who has
overall responsibility for contract administration for the
project and the authority to take necessary actions to
comply with the contract.
(2) Names of testing laboratories and consulting engineer firms
with quality control responsibilities on the project, together
with a description of the services to be provided.
(3) Procedures for determining that the testing laboratories
meet the requirements of the American Society of Testing
and Materials standards on laboratory evaluation
referenced in the contract specifications (D 3666, C 1077).
(4) Qualifications of engineering supervision and construction
inspection personnel.
(5) A listing of all tests required by the contract specifications,
including the type and frequency of tests to be taken, the
method of sampling, the applicable test standard, and the
acceptance criteria or tolerances permitted for each type of
test.
(6) Procedures for ensuring that the tests are taken in
accordance with the program, that they are documented
daily, and that the proper corrective actions, where
necessary, are undertaken.
APPENDIX F
Special Conditions
Note: Any reference to FAA includes MDOT, where applicable.
March 27, 2014 FAA; October 29, 2014 MDOT Page 8
Sponsor
Type1
Type of Project Special Conditions
b. Submit at completion of the project, a final test and quality
control report documenting the results of all tests performed,
highlighting those tests that failed or that did not meet the
applicable test standard. The report must include the pay
reductions applied and the reasons for accepting any out-of-
tolerance material. An interim test and quality control report
must be submitted, if requested by the FAA.
c. Failure to provide a complete report as described in paragraph b,
or failure to perform such tests, will, absent any compelling
justification; result in a reduction in Federal participation for
costs incurred in connection with construction of the applicable
pavement. Such reduction will be at the discretion of the FAA
and will be based on the type or types of required tests not
performed or not documented and will be commensurate with
the proportion of applicable pavement with respect to the total
pavement constructed under the subgrant agreement.
d. The FAA, at its discretion, reserves the right to conduct
independent tests and to reduce subgrant payments accordingly
if such independent tests determine that sponsor test results are
inaccurate.
Airport Pavement maintenance MAINTENANCE PROJECT LIFE: The Sponsor agrees that pavement
maintenance is limited to those aircraft pavements that are in
sufficiently sound condition that they do not warrant more extensive
work, such as reconstruction or overlays in the immediate or near
future. The Sponsor further agrees that AIP funding for the pavements
maintained under this project will not be requested for more
substantial type rehabilitation (more substantial than periodic
maintenance) for a 5-year period following the completion of this
project unless the FAA determines that the rehabilitation or
reconstruction is required for safety reasons.
Airport RPZ Acquisition
PROTECTION OF RUNWAY PROTECTION ZONE: The Sponsor agrees to
prevent the erection or creation of any structure, place of public
assembly, or other use 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 permitted by the FAA.
The Sponsor further agrees that any existing structures or uses within
the Runway Protection Zone will be cleared or discontinued by the
Sponsor unless approved by the FAA.
APPENDIX F
Special Conditions
Note: Any reference to FAA includes MDOT, where applicable.
March 27, 2014 FAA; October 29, 2014 MDOT Page 9
Sponsor
Type1
Type of Project Special Conditions
Airport RPZ Acquisition
PROTECTION OF 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 an airport hazard 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.
Airport RPZ Future Acquisition
(This special condition
should be used if any of
the following items are
part of the grant: 1) An
airfield project that
impacts the runway
threshold, 2) A change in
the design critical
aircraft that increases
the RPZ dimensions, or
3) A new or revised
instrument approach
procedure that increases
the RPZ dimensions).
ACQUISITION OF THE RUNWAY PROTECTION ZONE: Future Interest in
the Runway Protection Zone: The Sponsor agrees that it will acquire the
Fee Title or Easement as called out by legal description in signed,
applicable agreements separate from this one, as appropriate, in the
Runway Protection Zones for runways that presently are not under its
control within a reasonable number of years of this Subgrant
Agreement. The Sponsor further agrees to prevent the erection or
creation of any structure or place of public assembly in the Runway
Protection Zone, except for NAVAIDS that are fixed by their functional
purposes or any other structure approved by the FAA. The Sponsor
further agrees that any existing structures or uses within the Runway
Protection Zone will be cleared or discontinued by the Sponsor unless
approved by the FAA.
Airport VALE equipment
LOW EMISSION SYSTEMS: The Sponsor agrees that vehicles and
equipment included in this subgrant:
1) will be maintained and used at the airport for which they were
purchased ;
2) will not be transferred, relocated, or used at another airport without
the advance consent of the FAA;
3) will be clearly labeled using the FAA-designed VALE program
emblem;
4) will be replaced, at the Sponsor’s own cost, any disabled or seriously
damaged vehicle or equipment at any time during its useful life, with an
equivalent vehicle or unit that produces an equal or lower level of
emissions for the useful life of the vehicle or equipment, or life of
Airport Emission Reduction Credits, whichever is longer.
The Sponsor further agrees that it will maintain annual records on
individual vehicles and equipment, project expenditures, cost
effectiveness, and emission reductions.
APPENDIX F
Special Conditions
Note: Any reference to FAA includes MDOT, where applicable.
March 27, 2014 FAA; October 29, 2014 MDOT Page 10
Sponsor
Type1
Type of Project Special Conditions
Airport VALE Recharging System
RECHARGING SYSTEM VALE– USE AND OPERATION REQUIREMENTS:
The Sponsor understands that it is obligated to earn emissions credits
from the state air quality agency on a yearly basis for the use of this
recharging system and the use of electric ground support equipment at
the airport. The Sponsor understands and agrees that the Sponsor may
be obligated to repay to the FAA some or all of the federal share of the
recharging project if Sponsor does not earn the emissions credits that
the Sponsor estimated in the project application.
Airport or
Noise
Building Allowable Costs
(Prorate)
BUILDING AIP PRORATION: For purposes of computing the United
States’ share of the allowable project costs of the project, the allowable
cost of the items called out in the Project Plans and Proposal, Contract
Changes, Amendments, and agreed upon grant increases included in
the project must not exceed costs agreed upon in the Exhibit 1 of this
contract and any amendments to this contract calculated as a percent
of the actual cost of the entire building.
Airport or
Noise
Noise Land
ACQUISITION OF NOISE LAND: The Sponsor agrees that as part of the
land acquisition in this project, it will prepare or update a Noise Land
Inventory Map and Reuse Plan to standards satisfactory to the FAA and
submit said documentation in final form to the FAA. It is further
mutually agreed that the reasonable cost of developing or updating a
Noise Land Inventory Map and Disposal Plan is an allowable cost within
the scope of this project.
Airport or
Noise
Noise - Annual Report
ANNUAL NOISE REPORT: As a condition of this Airport Improvement
Program (AIP) subgrant, the Sponsor agrees to provide to the FAA, an
annual report of funds expended and actions associated with this
subgrant within 90 days following the end of each Federal fiscal year
the subgrant remains open. The report must provide the following
information:
1) Total noise subgrant funds expended during the fiscal year.
2) Amount of funds expended by Program Element(s) as identified in
the Sponsor’s Noise Compatibility Program (NCP).
3) Number of parcels mitigated by DNL contour and Program Element
as identified in the Sponsor’s NCP.
4) Total number of people impacted by the Sponsor’s NCP (by DNL
contour) and total number of people mitigated during the fiscal year by
DNL contour and Program Element as identified in the Sponsor’s NCP.
5) A graphic (map) depicting DNL contours and the location of
mitigation action as defined by the Program Element(s) of the
Sponsor’s NCP, including a list by address for mitigation actions shown
on the map.
APPENDIX F
Special Conditions
Note: Any reference to FAA includes MDOT, where applicable.
March 27, 2014 FAA; October 29, 2014 MDOT Page 11
Sponsor
Type1
Type of Project Special Conditions
6) A written plan outlining actions being planned for the next year
based on the Sponsor’s priorities and the NCP.
7) Other information as required by the FAA.
All Sponsor
Types
Plans and Specifications PLANS AND SPECIFICATIONS PRIOR TO BIDDING: The Sponsor agrees
that it will submit plans and specifications for FAA review and approval
prior to advertising for bids.
All Sponsor
Types
Plans and Specification s
Certification
PLANS & SPECIFICATIONS APPROVAL BASED UPON CERTIFICATION:
The FAA and the Sponsor agree that the FAA approval of the Sponsor’s
Plans and Specification is based primarily upon the Sponsor’s
certification to carry out the project in accordance with policies,
standards, and specifications approved by the FAA. The Sponsor
understands that:
1)The Sponsor’s certification does not relieve the Sponsor of the
requirement to obtain prior FAA approval for modifications to any AIP
standards or to notify the FAA of any limitations to competition within
the project;
2)The FAA’s acceptance of a Sponsor’s certification does not limit the
FAA from reviewing appropriate project documentation for the purpose
of validating the certification statements;
3) if the FAA determines that the Sponsor has not complied with their
certification statements, the FAA will review the associated project
costs to determine whether such costs are allowable under AIP.
All Sponsor
Types
Design-Only Subgrants
DESIGN SUBGRANT: This subgrant agreement is being issued in order
to complete the design of the project. The Sponsor understands and
agrees that within 2 years after the design is completed that the
Sponsor will accept, subject to the availability of the amount of federal
funding identified in the Airport Capital Improvement Plan (ACIP), a
subgrant to complete the construction of the project in order to
provide a useful and useable unit of work. The Sponsor also
understands that if the FAA has provided federal funding to complete
the design for the project, and the Sponsor has not completed the
design within four (4) years from the execution of this subgrant
agreement, the FAA may suspend or terminate subgrants related to the
design.
All Sponsor
Types
Force account FORCE ACCOUNT: The Sponsor agrees that proposals to accomplish
construction or engineering with the Sponsor’s own personnel must
receive approval from the FAA prior to Sponsor incurring costs and that
no reimbursement payments will be made on that portion of this
subgrant until the Sponsor has received FAA approval for the force
account information.
APPENDIX F
Special Conditions
Note: Any reference to FAA includes MDOT, where applicable.
March 27, 2014 FAA; October 29, 2014 MDOT Page 12
Sponsor
Type1
Type of Project Special Conditions
All Sponsor
Types
Land Acquisition -
Revenue and Program
Income
PROGRAM INCOME AND REVENUE FROM REAL PROPERTY: The
Sponsor understands that all program income produced from real
property purchased in part with Federal funds in this subgrant received
while the subgrant is open will be deducted from the total cost of that
project for determining the net costs on which the maximum United
States' obligation will be based. The Sponsor further agrees that once
the subgrant is closed, all net revenues produced from real property
purchased in part with Federal funds in this subgrant must be used on
the airport for airport planning, development, or operating expenses.
This income may not be used for the Sponsor’s matching share of any
subgrant. The Sponsor’s fiscal and accounting records must clearly
identify actual sources and uses of these funds.
All Sponsor
Types
Land acquisition -
Relocation
UNIFORM RELOCATION ACT: The Sponsor understands and agrees that
all acquisition of real property under this project will be in accordance
with the 49 Code of Federal Regulations Part 24, Uniform Relocation
Assistance And Real Property Acquisition For Federal And Federally
Assisted Programs.
All Sponsor
Types
Noise - mitigation INELIGIBILITY OF PREVIOUSLY INSULATED STRUCTURES: The Sponsor
understands and agrees that AIP funds may only be applied to noise
insulate structures under 14 Code of Federal Regulations Part 150 one
single time and that no structures in this subgrant have been previously
noise insulated using AIP funds.
All Sponsor
Types
Noise Mitigation –
Private Land
NOISE PROJECTS ON PRIVATELY OWNED PROPERTY: The Sponsor
understands and agrees that no payment will be made under the terms
of this Subgrant Agreement for work accomplished on privately owned
land until the Sponsor submits the agreement with the owner of the
property required by the Subgrant Assurance Number 5: Preserving
Rights and Powers, and the FAA has determined that the agreement is
satisfactory. As a minimum, the agreement with the private owner
must contain the following provisions:
1) The property owner must inspect and approve or disapprove the
work on the project during and after completion of the measures as the
FAA or Sponsor reasonably requests.
2) The property owner is responsible for maintenance and operation of
the items installed, purchased, or constructed under this Subgrant
Agreement. Neither the FAA nor the Sponsor bears any responsibility
for the maintenance, operation, or replacement of these items.
APPENDIX F
Special Conditions
Note: Any reference to FAA includes MDOT, where applicable.
March 27, 2014 FAA; October 29, 2014 MDOT Page 13
Sponsor
Type1
Type of Project Special Conditions
3) If the Sponsor transfers Federal funds for the noise compatibility
measures to a private property owner or agent, the property owner
must agree to keep records and make those records available to the
FAA and the Sponsor about the amount of funds received and the
disposition of the funds.
4) The property owner’s right to sue for adverse noise impacts will be
abrogated if the property owner deliberately or willfully reduces the
effectiveness of the noise compatibility measures during the useful life
of such measures. This obligation will remain in effect throughout the
useful life of the noise compatibility measures, but not to exceed 20
years from the date of the Sponsor’s acceptance of federal aid for the
project.
All Sponsor
Types
Non AIP work in project NON-AIP WORK IN APPLICATION: The Sponsor understands and agrees
that:
1) the Project includes the planning and/or construction of any items
specified in the Plans, Proposal, and Contract Changes that is not being
funded with any Federal funding in this project;
2) although the Sponsor has estimated a total project cost of Costs
shown in the Attached Exhibit 1 of this Contract, the total allowable
cost for purposes of determining federal participation will not exceed
Costs agreed upon as specified in the Plans, Proposal, and Contract
Changes;
3) it must maintain separate cost records for the AIP and non-AIP work;
4) all cost records must be made available for inspection and audit by
the FAA;
5) the Sponsor understands that all non-AIP work is the sole
responsibility of the Sponsor; and
6) the amount of allowable cost that will be used for purposes of
determining an increase in the maximum obligation of the United
States will not exceed Costs agreed upon as specified in the Plans,
Proposal, and Contract Changes, which is the total allowable cost for
purposes of determining federal participation in 2) of this special
condition.
All Sponsor
Types
Planning Scope of Work PRELIMINARY SCOPE OF WORK: This Subgrant is made and accepted
upon the basis of a preliminary scope of work. The parties agree that
within 30 days from the date of acceptance of this Subgrant Offer, the
APPENDIX F
Special Conditions
Note: Any reference to FAA includes MDOT, where applicable.
March 27, 2014 FAA; October 29, 2014 MDOT Page 14
Sponsor
Type1
Type of Project Special Conditions
Sponsor will furnish a final scope of work to the FAA and that no work
will commence, nor will there be any contract signed for
accomplishment of such work, until the final scope of work has been
approved by the FAA. The Sponsor and the FAA further agree that any
reference to the scope of work made in the Subgrant Offer or in the
project application is in respect to the final scope of work.
Airport -
Non-primary
Fuel farms FUELING SYSTEM – USE AND OPERATION REQUIREMENTS: This project
includes the installation of a new aviation fuel system. All revenue
generated by this fueling system must be used for the operation and
maintenance of the Airport in accordance with the subgrant
assurances. The fueling system established under this subgrant, will be
operated solely by the Sponsor and/or the Sponsor’s employees. The
Sponsor is further obligated to operate and maintain the fueling system
for the 20-year subgrant expected life, including meeting all local, state,
and federal regulations related to the fuel system.
Airport -
Non-primary
Revenue Producing
Project
REVENUE PRODUCING PROJECT: The Sponsor agrees and understands
that the Sponsor has certified to the FAA that it has made adequate
provisions for financing its airside needs. Further, the Sponsor agrees it
will not seek AIP discretionary subgrant funds for the airside needs of
the airport for the three fiscal years following the fiscal year in which
this subgrant is issued. All revenue generated by this project must be
used for the operation and maintenance of the Airport in accordance
with the subgrant assurances.
Airport Land Acquisition LAND ACQUISITION: The Sponsor agrees that no payments will be
made on the subgrant until the Sponsor has presented evidence to the
FAA that it has recorded the subgrant agreement, including the
subgrant assurances in the public land records of the county
courthouse. The Sponsor understands and agrees that recording the
subgrant agreement legally enforces these requirements,
encumbrances and restrictions on the obligated land.
Michigan Department
of Transportation
0165 (09/15)
APPENDIX G
PRIME CONSULTANT STATEMENT OF DBE SUBCONSULTANT PAYMENTS
Page 1 of 2
Information required in accordance with 49 CFR Section 26.37 to monitor progress of the prime consultant in meeting contract ual obligations to DBEs
PRIME CONSULTANT NAME DBE % REQUIRED CONTRACT / AUTH NO. BILLING PERIOD
TO
INVOICE NUMBER SUBMITTAL DATE
IS THIS PRIME FIRM MDOT-DBE CERTIFIED? YES NO IS THIS THE FINAL INVOICE? YES NO
CERTIFIED DBE
SUBCONSULTANT SERVICES / WORK PERFORMED
TOTAL
SUBCONTRACT
AMOUNT
TOTAL
INVOICED TO
DATE
DEDUCTIONS
ACTUAL
AMOUNT PAID
TO DATE
DBE AUTHORIZED
SIGNATURE (FINAL
PAYMENT REPORT ONLY)
DATE
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
IF THE DBE % PROPOSED WAS NOT ATTAINED, PLEASE INCLUDE THE REASON
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 NAME TITLE SIGNATURE DATE
COMMENTS
Michigan Department
of Transportation
0165 (09/15)
INSTRUCTIONS Page 2 of 2
PRIME CONSULTANT OR AUTHORZIED REPRESENTATIVE:
This statement reports the actual dollar amounts of the project cost earned by and paid to DBE subconsultants. Complete and submit to the Payment
Analyst with each billing and within 20 days of receipt of final payment. Some forms may be blank if no payment was made since the previous billing.
For "Contract No., Authorization No.," and "Job No." as appropriate, use the numbers assigned by MDOT.
For "Period Covered," report the calendar days covered by the billing.
For "Services W ork 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 the subconsultant.
For "Cumulative Dollar Value of Services Completed" report the total amount the subconsultant has earned since beginning this 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 (docu mentation 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 Report Period" report actual payments made to the subcontractor for services during this reporting period.
"Provide "DBE Authorized Signature" for final payment only.
Be sure to sign, title and date this statement.
MDOT PAYMENT ANALYST:
Complete "Comments" if necessary, sign date and forward to the Office of Business Development within seven (7) days of receipt.
MDOT Office of Business Development
P.O. Box 30050
Lansing, Michigan 48909
Questions about this form? Call Toll-free, 1-866-DBE-1264
3-3-2626-SBGP-155-2023
1
U.S. Department
of Transportation
Federal Aviation
Administration
Airports Division
Great Lakes Region
Michigan
Detroit Airport District Detroit Airport District
Office:Office:
11677 S Wayne Rd, Ste 107
Romulus, MI 48174-1412
{{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}}
Mr. Michael G. Trout, DirectorMr. Michael G. Trout, Director
Michigan Department of TransportationMichigan Department of Transportation
Office of AeronauticsOffice of Aeronautics
2700 Port Lansing Road2700 Port Lansing Road
Lansing, MI 48906Lansing, MI 48906
Dear Dear Mr. Michael G. Trout:
The Grant Offer for the Bipartisan Infrastructure Law (BIL) - Airport Infrastructure Grant (AIG) Project
No. 3-3-2626-SBGP-155-2023 for the Michigan State Block Grant Program is attached for execution. This
letter outlines the steps you must take to properly enter into this agreement and provides other useful
information. Please read the conditions, special conditions, and assurances that comprise the grant offer
carefully.
You may not make any modification to the text, terms or conditions of the grant offer.
Steps You Must Take to Enter Into Agreement.To properly enter into this agreement, you must do the
following:
1.1.The governing body must give authority to execute the grant to the individual(s) signing the
grant, i.e., the person signing the document must be the sponsor’s authorized representative(s)
(hereinafter “authorized representative”).
2.2.The authorized representative must execute the grant by adding their electronic signature to
the appropriate certificate at the end of the agreement.
3.3.Once the authorized representative has electronically signed the grant, the sponsor‘s attorney(s)
will automatically receive an email notification.
4.4.On the same day or after the authorized representative has signed the grant, the sponsor‘s
attorney(s) will add their electronic signature to the appropriate certificate at the end of the
agreement.
5.5.If there are co-sponsors, the authorized representative(s) and sponsor‘s attorney(s) must follow
the above procedures to fully execute the grant and finalize the process. Signatures must be
obtained and finalized no later than September 14, 2023
6.6.The fully executed grant will then be automatically sent to all parties as an email attachment.
Payment.Subject to the requirements in 2 CFR § 200.305 (Federal Payment), each payment request for
reimbursement under this grant must be made electronically via the Delphi eInvoicing System. Please
see the attached Grant Agreement for more information regarding the use of this System.
Project Timing.The terms and conditions of this agreement require you to complete the project without
undue delay and no later than the Period of Performance end date (1,460 days from the grant execution
September 6, 2023
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date). We will be monitoring your progress to ensure proper stewardship of these Federal funds. We
expect you to submit payment requests for reimbursement of allowable incurred project expenses
consistent with project progress. Your grant may be placed in “inactive” status if you do not make draws
on a regular basis, which will affect your ability to receive future grant offers. Costs incurred after the
Period of Performance ends are generally not allowable and will be rejected unless authorized by the
FAA in advance.
Reporting. Until the grant is completed and closed, you are responsible for submitting formal reports as
follows:
•For all grants, you must submit by December 31st of each year this grant is open:
1. A signed/dated SF-270 (Request for Advance or Reimbursement for non-construction
projects) or SF-271 or equivalent (Outlay Report and Request for Reimbursement for
Construction Programs), and
2. An SF-425 (Federal Financial Report).
•For non-construction projects, you must submit FAA Form 5100-140, Performance Report within
30 days of the end of the Federal fiscal year.
•For construction projects, you must submit FAA Form 5370-1, Construction Progress and
Inspection Report, within 30 days of the end of each Federal fiscal quarter.
Audit Requirements. As a condition of receiving Federal assistance under this award, you must comply
with audit requirements as established under 2 CFR part 200. Subpart F requires non-Federal entities
that expend $750,000 or more in Federal awards to conduct a single or program specific audit for that
year. Note that this includes Federal expenditures made under other Federal-assistance programs.
Please take appropriate and necessary action to ensure your organization will comply with applicable
audit requirements and standards.
Closeout. Once the project(s) is completed and all costs are determined, we ask that you work with your
FAA contact indicated below to close the project without delay and submit the necessary final closeout
documentation as required by your Region/Airports District Office.
FAA Contact Information. Georgina McDonald, (734) 229-2915, georgina.c.mcdonald@faa.gov is the
assigned program manager for this grant and is readily available to assist you and your designated
representative with the requirements stated herein.
We sincerely value your cooperation in these efforts and look forward to working with you to complete
this important project.
Sincerely,
{{Sig_es_:signer1: signature}}
Stephanie R. Swann
Deputy Manager
Detroit Airports District Office
Stephanie R. Swann(Sep6,202315:09EDT)
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U.S. Department
of Transportation
Federal Aviation
Administration
FY 2023 AIRPORT INFRASTRUCTURE GRANT
AVIATION STATE BLOCK GRANT PROGRAM
GRANT AGREEMENT
Part I - Offer
Federal Award Offer Date {{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}}
Block Grant Number
Airport Infrastructure Grant Number 3-2626-SBGP-155-2023
Unique Entity Identifier TRR5GXJJ9254
TO:State of MichiganState of Michigan
(herein called the “State”)
FROM:The United States of America (acting through the Federal Aviation Administration, herein
called the “FAA”)
WHEREAS, the FAA has entered into a State Block Grant Program (SBGP) Memorandum of Agreement
(MOA) with the State for the administration of Airport Infrastructure Grant (AIG) funds for airport
planning, development, and noise program implementation projects conforming to Public Law (117-58),
as permitted under 49 U.S.C. § 47128 at non-primary airports in the State (covered airports);
WHEREAS, the State, as an approved SBGP participant, has the administrative responsibility to
administer AIG Funds for Sponsors of covered airports;
WHEREAS, the State has submitted to the FAA a Block Grant Project Application dated July 14, 2023, for
a Grant of Federal funds at or associated with Michigan State Block Grant Program Airportsa Grant of Federal funds at or associated with Michigan State Block Grant Program Airports, which is a
covered airport in Michigan and is included as part of this AIG State Block Grant Agreement (Grant
Agreement);
WHEREAS, the FAA has made a Grant Offer and the State has accepted the terms of FAA’s Grant Offer;
WHEREAS, in consideration of the promises, representations and assurances provided by the State, the
FAA has approved the State Block Grant Project Application to provide AIG Grant funds (herein called
the “Grant”) to the State for eligible and justified projects for Oakland County International (PTK) Airport
(herein called the “Projects”) consisting of the following
September 6, 2023
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Rehabilitate Taxiway D (6,600 feet) – Design
Reconstruction Taxiway D Lighting – Design
NOW THEREFORE, Pursuant to and for the purpose of carrying out the Infrastructure Investment and
Jobs Act (Public Law 117-58, Division J, Title VIII) of 2021 referred to as the Bipartisan Infrastructure Law
(BIL); and the representations contained in the State Block Grant Project Application for AIG Funds; and
in consideration of:
(a) the State’s acceptance of this Offer;
(b) the State’s participation in the SBGP;
(c) the Sponsor’s adoption and ratification of the Grant Assurance attached hereto; and
(d) the benefits to accrue to the United States and the public from the accomplishment of the Projects
at the covered airports and compliance with the Grant Assurances, terms, and conditions as herein
provided;
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay ninety (90) % of the allowable costs incurred accomplishing the Project as
the United States share of the Project.
Assistance Listings Number (Formerly CFDA Number): 20.106
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1.Maximum Obligation. The maximum obligation of the United States payable under this Offer is $
522,756.
The following amounts represent a breakdown of the maximum obligation for the purpose of
establishing allowable amounts for any future grant amendment, which may increase the foregoing
maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b):
$ 0 for planning
$ 522,756 airport development or noise program implementation; and,
$ 0 for land acquisition.
2.Grant Performance. This Grant Agreement is subject to the following federal award requirements:
a. Period of Performance:
1. Shall start on the date the State formally accepts this Agreement and is the date signed by
the last State signatory to the Agreement. The end date of the Period of Performance is 4
years (1,460 calendar days) from the date of acceptance. The Period of Performance end
date shall not affect, relieve, or reduce State obligations and assurances that extend
beyond the closeout of this Grant Agreement.
2. Means the total estimated time interval between the start of an initial Federal award and
the planned end date, which may include one or more funded portions, or Budget Periods.
(2 Code of Federal Regulations (CFR) § 200.1)
3. All subgrants issued by the State to covered airports under this State Block Grant
Agreement shall be subject to the Period of Performance defined in this Agreement.
b. Budget Period:
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1. For this Grant is 4 years (1,460 calendar days) and follows the same start and end date as
the Period of Performance provided in Paragraph 2(a)(1). Pursuant to 2 CFR § 200.403(h), a
sponsor may charge to the Grant only allowable costs incurred up to the end of the Budget
Period. Eligible project-related costs incurred on or after November 15, 2021 that comply
with all Federal funding procurement requirements and FAA standards are allowable costs.
2. Means the time interval from the start date of a funded portion of an award to the end
date of that funded portion during which the Sponsor is authorized to expend the funds
awarded, including any funds carried forward or other revisions pursuant to 2 CFR §
200.308.
3. All subgrants issued by the State to covered airports under this State Block Grant
Agreement shall be subject to the Budget Period defined in this Agreement.
c. Close Out and Termination:
1. Unless the FAA authorizes a written extension, the State or Sponsor, as applicable, must
submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred
under this award no later than 120 calendar days after the end date of the Period of
Performance. If the State or Sponsor, as applicable, does not submit all required closeout
documentation within this time period, the FAA will proceed to close out the grant within
one year of the period of performance end date with the information available at the end
of 120 days. (2 CFR § 200.344).
2. The FAA may terminate this Grant, in whole or in part, in accordance with the conditions
set forth in 2 CFR § 200.340, or other Federal regulatory or statutory authorities as
applicable.
3.Requirements for Subgrants. The State must incorporate all Federal contract provisions that apply
to a Project funded with AIG funds, including but not limited to the following in all subgrants issued
to Sponsors under this State Block Grant and require compliance by the Sponsors of the covered
airports included in this State Block Grant Agreement:
a. The terms and conditions attached to this Grant Agreement;
b. At least one of the following, as applicable:
1. Assurances: Airport Sponsors (Bipartisan Infrastructure Law), or
2. Assurances: Non-Airport Sponsors Undertaking Noise Compatibility Program Projects
(May 2022), or
3. Assurances: Planning Agency (May 2022); and
c. All information required by 2 CFR § 200.332.
4.Airport Infrastructure Grant Funds. $522,756.00 of the total maximum obligation identified in
Condition No. 1, Maximum Obligation, of this Grant Agreement are apportioned under Public Law
117-58, Division J, Title VIII.
The State understands and agrees that these funds will be used at the locations and in the amounts
listed below for eligible and justified projects as determined by the State’s priority rankings,
provided the projects are permitted by Public Law 117-58, Division J, Title VIII;
Oakland County International (PTK), Rehabilitate Taxiway D (6,600 feet) – Design; Reconstruct
Taxiway D Lighting – Design, $522,756 (BGA2023 $522,756).
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5.Ineligible or Unallowable Costs. The State and Sponsor must not include any costs in the projects
funded with this Grant that are ineligible or unallowable in accordance with Public Law 117-58,
Division J, Title VIII.
6.Indirect Costs – State and Sponsor. The State may allow a Sponsor to charge indirect costs under
this award by applying the indirect cost rate, as approved by a Federal cognizant agency and as
identified in the subgrant, to allowable costs for Sponsor direct salaries and wages that are
necessary for carrying out the Projects. The State may charge indirect project costs under this Grant
by applying the indirect cost rate identified in the State Block Grant application, as accepted by the
FAA, to allowable project specific costs for State direct salaries and wages that are necessary for
administering a subgrant project.
7.Determining the Final Federal Share of Costs. The United States’ share of allowable project costs
will be made in accordance with 49 U.S.C. § 47109, the regulations, the Secretary of
Transportation’s (“Secretary’s”) policies and procedures and the Act(s) reference above, as may be
applicable. Final determination of the United States’ share will be based upon the final audit of the
total amount of allowable project costs and settlement will be made for any upward or downward
adjustments to the Federal share of costs.
8.Completing the Project without Delay and in Conformance with Requirements. The State must
assure, and must require the Sponsor to assure, that projects are carried out and completed
without undue delays and in accordance with this Agreement, BIL (Public Law 117-58), the
regulations, and the Secretary’s policies and procedures. Per 2 CFR § 200.308, the State agrees, and
will require Sponsors agree, to report and request prior approval from the State or FAA any
disengagement from funding eligible expenses under the Grant and subgrants that exceed three
months or a 25 percent reduction in time devoted to the project. The report must include a reason
for the stoppage. The State agrees, and will require Sponsors agree, to comply with the attached
assurances, which are part of this Agreement. These assurances, conditions, and any addendums
apply to subgrants issued under this Grant as provided for in paragraph 3(b).
9.Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or
withdraw this offer at any time prior to its acceptance by the State.
10.Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any
part of the costs of the projects unless this offer has been accepted by the State on or before
September 14, 2023, or such subsequent date as may be prescribed in writing by the FAA.
11.Improper Use of Federal Funds. The State and Sponsor must 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 other manner for any projects upon which Federal funds have
been expended. For the purposes of this Grant Agreement, the term “Federal funds” means funds
however used or dispersed by the State or Sponsor, that were originally paid pursuant to this or any
other Federal grant agreement(s). The State must obtain the approval of the Secretary as to any
determination of the amount of the Federal share of such funds. The State and Sponsor, as
applicable, must return the recovered Federal share, including funds recovered by settlement,
order, or judgment, to the Secretary. The State and Sponsor, as applicable, must 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 State and Sponsor, in court or otherwise,
involving the recovery of such Federal share require advance approval by the Secretary.
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12.United States Not Liable for Damage or Injury. The United States is not responsible or liable for
damage to property or injury to persons that may arise from, or be incident to, compliance with this
Grant Agreement or subgrants, including, but not limited to, any action taken by a State and
Sponsor related to or arising from, directly or indirectly, this Grant Agreement.
13.System for Award Management (SAM) Registration and Unique Entity Identifier (UEI).
a. Requirement for System for Award Management (SAM): Unless the State or Sponsor is
exempted from this requirement under 2 CFR § 25.110, the State and Sponsor must maintain
the currency of its information in SAM until the State submits the final financial report required
under this Grant or receives the final payment, whichever is later. This requires that the State
review and update, and will require the Sponsor review and update, the information at least
annually after the initial registration and more frequently if required by changes in information
or another award term. Additional information about registration procedures may be found at
the SAM website (currently at http://www.sam.gov).
b. Unique entity identifier (UEI) means a 12-character alpha-numeric value used to identify a
specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at
https://sam.gov/content/entity-registration.
14.Electronic Grant Payment(s). Unless otherwise directed by the FAA, the State must make each
payment request under this agreement electronically via the Delphi eInvoicing System for
Department of Transportation (DOT) Financial Assistance Awardees.
15.Informal Letter Amendment of BIL Projects. If, during the life of the project, the FAA or the State
determines that the maximum grant obligation of the United States exceeds the expected needs of
the State or Sponsor, as applicable, by $25,000 or five percent (5%), whichever is greater, the FAA
can issue a letter amendment to the State unilaterally reducing the maximum obligation.
The FAA can, subject to the availability of funds, issue a letter to the State increasing the maximum
obligation if there is an overrun in the total actual eligible and allowable project costs to cover the
amount of the overrun provided it will not exceed the statutory limitations for grant amendments.
The FAA’s authority to increase the maximum obligation does not apply to the “planning”
component of Condition No. 1, Maximum Obligation.
The FAA can also issue an informal letter amendment that modifies the grant description to correct
administrative errors or to delete work items if the FAA finds it advantageous and in the best
interests of the United States.
An informal letter amendment has the same force and effect as a formal grant amendment.
16.Air and Water Quality. The State and Sponsor are required to comply with all applicable air and
water quality standards for all projects in this grant. If the State or Sponsor fails to comply with this
requirement, the FAA or State, as applicable, may suspend, cancel, or terminate this Grant
Agreement.
17.Financial Reporting and Payment Requirements. The State and Sponsor will comply with all Federal
financial reporting requirements and payment requirements, including submittal of timely and
accurate reports.
18.Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C. §
50101, the State and Sponsor will not acquire or permit any contractor or subcontractor to acquire
any steel or manufactured goods produced outside the United States to be used for any project for
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8
which funds are provided under this Grant. The State and Sponsor will include a provision
implementing Buy American in every contract.
19.Build America, Buy America. The Sponsor must comply with the requirements under the Build
America, Buy America Act (Public Law 117-58).
20.Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b)(3), as amended, the
maximum obligation of the United States, as stated in Condition No. 1, Maximum Obligation, of this
Grant:
a. May not be increased for a planning project;
b. May be increased by not more than 15 percent for development projects if funds are available;
c. May be increased by not more than the greater of the following for a land project if funds are
available:
1. 15 percent; or
2. 25 percent of the total increase in allowable project costs attributable to acquiring an
interest in the land.
If the State or Sponsor requests an increase, any eligible increase in funding will be subject to the
United States Government share as provided in BIL (Public Law 117-58), or other superseding
legislation if applicable, for the fiscal year appropriation with which the increase is funded. The FAA
is not responsible for the same Federal share provided under the original terms of this Grant for any
amount increased over the initial grant amount. The FAA may adjust the Federal share as applicable
through an informal letter of amendment.
21.Audits for Sponsors.
PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program-specific audit in
accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the
Federal Audit Clearinghouse on the Federal Audit Clearinghouse’s Internet Data Entry System at
http://harvester.census.gov/facweb/. Upon request of the FAA, the Sponsor shall provide one copy
of the completed audit to the FAA. Sponsors that expend less than $750,000 in Federal awards and
are exempt from Federal audit requirements must make records available for review or audit by the
appropriate Federal agency officials, State, and Government Accountability Office. The FAA and
other appropriate Federal agencies may request additional information to meet all Federal audit
requirements.
22.Suspension or Debarment. The State must:
a. Immediately disclose to the FAA whenever the State:
1. Learns a Sponsor has entered into a covered transaction with an ineligible entity; or
2. Suspends or debars a contractor, person, or entity.
b. Include a provision in all subgrants that requires Sponsors entering into “covered transactions”,
as defined by 2 CFR § 180.200, to:
1. Verify the non-Federal entity is eligible to participate in this Federal program by:
i. Checking the excluded parties list system (EPLS) as maintained within the System for
Award Management (SAM) to determine if the non-Federal entity is excluded or
disqualified; or
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ii. Collecting a certification statement from the non-Federal entity attesting they are not
excluded or disqualified from participating; or
iii. Adding a clause or condition to covered transactions attesting the individual or firm
are not excluded or disqualified from participating.
2. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower-tier
transactions with their contractors and sub-contractors.
c. The State must also insert this clause on suspension or debarment in all subgrants, contracts,
and subcontracts that result from this Grant.
23.Ban on Texting While Driving.
a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging
While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving,
December 30, 2009, the State and Sponsors are encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted
drivers including policies to ban text messaging while driving when performing any work
for, or on behalf of, the Federal government, including work relating to a grant or subgrant.
2. Conduct workplace safety initiatives in a manner commensurate with the size of the
business, such as:
i. Establishment of new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving; and
ii. Education, awareness, and other outreach to employees about the safety risks
associated with texting while driving.
b. The State must insert this clause on banning texting while driving in all subgrants, contracts,
and subcontracts that result from this Grant.
24.Trafficking in Persons.
a.Posting of contact information.
1. The Sponsor must post the contact information of the national human trafficking
hotline (including options to reach out to the hotline such as through phone, text,
or TTY) in all public airport restrooms.
b.Provisions applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subrecipients under this Grant, and
subrecipients’ employees may not:
i. Engage in severe forms of trafficking in persons during the period of time
that the Grant and applicable conditions are in effect;
ii. Procure a commercial sex act during the period of time that the Grant and
applicable conditions are in effect; or
iii. Use forced labor in the performance of the Grant or any subgrants under
this Grant.
2. We as the Federal awarding agency, may unilaterally terminate this Grant, without
penalty, if you or a subrecipient that is a private entity –
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i. Is determined to have violated a prohibition in paragraph (a) of this Grant
Condition; or
ii. Has an employee who is determined by the agency official authorized to
terminate the Grant to have violated a prohibition in paragraph (a) of this
Grant Condition through conduct that is either –
a) Associated with performance under this Grant; or
b) Imputed to you or the subrecipient using the standards and due process
for imputing the conduct of an individual to an organization that are
provided in 2 CFR Part 180, “OMB Guidelines to Agencies on
Governmentwide Debarment and Suspension (Nonprocurement),” as
implemented by our agency at 2 CFR Part 1200.
c.Provision applicable to a recipient other than a private entity. We as the Federal awarding
agency may unilaterally terminate this Grant, without penalty, if a subrecipient that is a
private entity –
1. Is determined to have violated an applicable prohibition in paragraph (a) of this
Grant Condition; or
2. Has an employee who is determined by the agency official authorized to terminate
the Grant to have violated an applicable prohibition in paragraph (a) of this Grant
Condition through conduct that is either –
i. Associated with performance under this Grant; or
ii. Imputed to the subrecipient using the standards and due process for
imputing the conduct of an individual to an organization that are provided
in 2 CFR Part 180, “OMB Guidelines to Agencies on Governmentwide
Debarment and Suspension (Nonprocurement),” as implemented by our
agency at 2 CFR Part 1200.
d.Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any source
alleging a violation of a prohibition in paragraph (a) of this Grant Condition.
2. Our right to terminate unilaterally that is described in paragraph (a) or (b) of this
Grant Condition:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000
(TVPA), as amended [22 U.S.C. § 7104(g)], and
ii. Is in addition to all other remedies for noncompliance that are available to
us under this Grant.
3. You must include the requirements of paragraph (a) of this Grant Condition in any
subgrant you make to a private entity.
e.Definitions. For purposes of this Grant Condition:
1. “Employee” means either:
i. An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under this Grant; or
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ii. Another person engaged in the performance of the project or program
under this Grant and not compensated by you including, but not limited to,
a volunteer or individual whose services are contributed by a third party as
an in-kind contribution toward cost sharing or matching requirements.
2. “Force labor” means labor obtained by any of the following methods: the
recruitment, harboring, transportation, provision, or obtaining of a person for labor
or services, through the use of force, fraud, or coercion for the purpose of
subjection to involuntary servitude, peonage, debt bondage, or slavery.
3. “Private entity”:
i. Means any entity other than a State, local government, Indian tribe, or
foreign public entity, as those terms are defined in 2 CFR § 175.25.
ii. Includes:
a) A nonprofit organization, including any nonprofit institute of higher
education, hospital, or tribal organization other than one included in the
definition of Indian tribe at 2 CFR § 175.25(b).
b) A for-profit organization.
4. “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have
the meanings given at section 103 of the TVPA, as amended (22 U.S.C. § 7102).
25.Exhibit “A” Property Map. The State and Sponsor will ensure that any airport receiving funding
under this Block Grant has a current Exhibit “A” Property Map incorporated by reference or has
submitted a current Exhibit “A” Property Map with their request for funding to the State.
26.Employee Protection from Reprisals.
a. Prohibition of Reprisals.
1. In accordance with 41 U.S.C. § 4712, an employee of a Sponsor, grantee, subgrantee,
contractor, or subcontractor may not be discharged, demoted, or otherwise
discriminated against as a reprisal for disclosing to a person or body described in sub-
paragraph (a)(2) below, information that the employee reasonably believes is evidence
of:
i. Gross mismanagement of a Federal grant;
ii. Gross waste of Federal funds;
iii. An abuse of authority relating to implementation or use of Federal funds;
iv. A substantial and specific danger to public health or safety; or
v. A violation of law, rule, or regulation related to a Federal grant.
2. Persons and bodies covered. The persons and bodies to which a disclosure by an
employee is covered are as follows:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Federal employee responsible for contract or grant oversight or management at
the relevant agency;
v. A court or grand jury;
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vi. A management official or other employee of the Sponsor, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct; or
vii. An authorized official of the Department of Justice or other law enforcement
agency.
b. Investigation of Complaints.
1. Submission of Complaint. A person who believes that they have been subjected to a
reprisal prohibited by paragraph (a) of this Condition may submit a complaint regarding
the reprisal to the Office of Inspector General (OIG) for the U.S. Department of
Transportation.
2. Time Limitation for Submittal of a Complaint. A complaint may not be brought under
this subsection more than three years after the date on which the alleged reprisal took
place.
3. Required Actions of the Inspector General. Actions, limitations, and exceptions of the
Inspector General’s office are established under 41 U.S.C. § 4712(b).
c. Remedy and Enforcement Authority.
1. Assumption of Rights to Civil Remedy. Upon receipt of an explanation of a decision not
to conduct or continue an investigation by the Office of Inspector General, the person
submitting a complaint assumes the right to a civil remedy under 41 U.S.C. § 4712(c)(2).
d. The State must insert this clause on employee protection from reprisal in all subgrants that
result from this Grant Agreement.
27.Reporting Subgrants and Executive Compensation.
a. State Reporting Requirements of Subgrants.
1. In accordance with the Federal Funding Accountability and Transparency Act (Public
Law 109-282, as amended by section 6202(a) of Public Law 110-252), the State
must report each action that obligates, per 2 CFR § 170.220, $30,000 or more in
Federal funds for a subgrant to a subgrant recipient (subrecipient) unless the State
is exempt. (More information can be found at 17 CFR § 229.402(c)(2)).
2. The State must report each subgrant to http://www.fsrs.gov.
3. The State must report the subgrant information no later than the end of the month
following the month in which the obligation (the subgrant) was made. For example,
if the subgrant was made on November 7, 2014, the subgrant must be reported by
no later than December 31, 2014.
4. The State must report the information about each obligating action specified in the
submission instructions posted at http://www.fsrs.gov.
b. State Reporting Total Compensation of State Executives.
1. The State must report total compensation for each of its five most highly
compensated executives for the preceding completed fiscal year, if:
i. The total Federal funding authorized to date under this grant is $30,000 or
more;
3-26-SBGP-155-2023
13
ii. In the preceding fiscal year, the State received:
a) 80 percent or more of the annual gross revenues from Federal grants,
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR §
170.320; and
b) $25,000,000 or more in annual gross revenues from Federal grants,
Federal procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR §
170.320; and
iii. The public does not have access to information about the compensation of
the executives through periodic reports filed under section 13(a) or 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section
6104 of the Internal Revenue Code of 1986. To determine if the public has
access to the compensation information, see the U.S. Security and
Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.
2. The State must report its executive total compensation:
i. As part of the State’s registration profile at http://www.sam.gov.
ii. By the end of the month following the month in which this award is made,
and annually thereafter.
c. State Reporting of Subrecipient Executive Total Compensation.
1. Unless the Subrecipient is exempt, the State must report the names and total
compensation of each of its subrecipient’s five most highly compensated executives
for each subrecipient in the preceding completed fiscal year, if:
i. In the subrecipient’s preceding fiscal year, the subrecipient received:
a) 80 percent or more of its annual gross revenues from subgrants,
Federal procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR §
170.320; and
b) $25,000,000 or more in annual gross revenues from subgrants, Federal
procurement contracts (and subcontracts), and Federal financial
assistance subject to the Transparency Act; and
c) The public does not have access to information about the
compensation of the executives through periodic reports filed under
section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
§§ 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of
1986. (To determine if the public has access to the compensation
information, see the U.S. Security and Exchange Commission total
compensation filings at http://www.sec.gov/answers/execomp.htm.)
2. The subrecipient must report subrecipient executive total compensation:
i. To the State.
3-26-SBGP-155-2023
14
ii. By the end of the month following the month during which the State makes
the subgrant. For example, if a subgrant is obligated on any date during the
month of October of a given year (i.e., between October 1 and 31), the
subrecipient must report any required compensation information of the
subrecipient by November 30 of that year.
d. Exemptions. If, in the previous tax year, the State or subrecipient had gross income, from all
sources, under $300,000, it is exempt from the requirements to report:
1. Subgrants, and
2. The total compensation of the five most highly compensated executives of any
subrecipient.
28.Prohibited Telecommunications. The State or Sponsor, as applicable, agree to comply with
mandatory standards and policies relating to use and procurement of certain telecommunications
and video surveillance services or equipment in compliance with the National Defense
Authorization Act [Public Law 115-232 § 889(f)(1)] and 2 CFR § 200.216.
SPECIAL CONDITIONS
29.Lighting. The State and Sponsor must operate and maintain the lighting system during the useful
life of the system in accordance with applicable FAA standards.
30.Disadvantaged Business Enterprise (DBE)/Airport Concessions Disadvantaged Business Enterprise
(ACDBE) Program. The State and Sponsor understand and agree that the FAA will not make nor be
obligated to make any payments on this Grant until the Sponsor has received from the FAA Office of
Civil Rights approval of its DBE Program (reflecting compliance with 49 CFR Part 26), and, if
applicable, its ACDBE program (reflecting compliance with 49 CFR Part 23).
31.Environmental. The environmental approval for this project was issued on May 3, 2023.
32.Plans and Specifications Prior to Bidding. The State and Sponsor agree to submit plans and
specifications for FAA review prior to advertising for bids.
33.Consultant Contract and Cost Analysis. The State and Sponsor understand and agree that no
reimbursement will be made on the consultant contract portion of this Grant until the FAA or State
has received the consultant contract, the Sponsor’s analysis of costs, and the independent fee
estimate.
34.Design Grant. This Grant Agreement is being issued in order to complete the design of a project
funded under this Grant Agreement. The State and Sponsor understand and agree, that within 2
years after the design is completed, the State and Sponsor will accept, subject to the availability of
the amount of Federal funding identified in the Airport Capital Improvement Plan (ACIP), a grant to
complete the construction of the project in order to provide a useful and useable unit of work. The
State and Sponsor also understand that if the FAA has provided Federal funding to complete the
design for the project, and the State and the Sponsor has not completed the design within four (4)
years from the execution of this Grant Agreement, the FAA may suspend or terminate grants
related to the design.
3-26-SBGP-155-2023
15
35.Buy American Executive Orders. The State and Sponsor agree to abide by applicable Executive
Orders in effect at the time this Grant Agreement is executed, including Executive Order 14005,
Ensuring the Future Is Made in All of America by All of America’s Workers.
3-26-SBGP-155-2023
16
The State’s acceptance of this Offer and ratification and adoption of the State Block Grant Project
Application incorporated herein shall be evidenced by execution of this instrument by the State, as
hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by
the Act, constituting the contractual obligations and rights of the United States and the State with
respect to the accomplishment of the Projects funded under this Grant and compliance with the Grant
Assurances, terms, and conditions as provided herein. Such Grant Agreement will become effective
upon the State’s acceptance of this Offer.
Please read the following information: By signing this document, you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so, you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.1
Dated {{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}}
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
{{Sig_es_:signer1:signature:dimension(height=12mm, width=70mm}}
(Signature)
{{N_es_:signer1:fullname }}
(Typed Name)
{{*Ttl_es_:signer1:title }}
(Title of FAA Official)
1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
§ 1001 (False Statements) and could subject you to fines, imprisonment, or both.
Stephanie R. Swann (Sep 6,2023 15:09 EDT)
September6,2023
Stephanie R. Swann
DeputyManager, Detroit ADO
3-26-SBGP-155-2023
17
Part II - Acceptance
The State does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants, and agreements contained in the State Block Grant Application and incorporated materials
referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to
comply with all of the Grant Assurances, terms, and conditions in this Offer and in the State Block Grant
Application and other applicable provisions of Federal law.
Please read the following information: By signing this document, you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so, you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.2
Executed this day of {{DateTime_es_:signer2:calc(now()):format(date," mmmm d, yyyy")}}
State of Michigan
(Name of Sponsor)
{{Sig_es_:signer2:signature:dimension(height=12mm, width=70mm}}
(Signature of State’s Designated Official Representative)
By:{{N_es_:signer2:fullname }}
(Typed Name of State’s Designated Official Representative)
Title:{{*Ttl_es_:signer2:title }}
(Title of State’s Designated Official Representative)
2 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
§ 1001 (False Statements) and could subject you to fines, imprisonment, or both.
BryanBudds (Sep 7,2023 16:25 EDT)
September 7,2023
Bryan Budds
DeputyAdministrator
3-26-SBGP-155-2023
18
CERTIFICATE OF STATE’S ATTORNEY
I, {{N_es_:signer3:fullname:font(size=11)}}, acting as Attorney for the State do hereby certify:
That in my opinion the State is empowered to enter into the foregoing State Block Grant Agreement
under the laws of the State of __Michigan__. Further, I have examined the foregoing State Block Grant
Agreement and the actions taken by said State and State’s official representative has been duly
authorized and that the execution thereof is in all respects due and proper and in accordance with the
laws of the said State; the Infrastructure Investment and Jobs Act (Public Law 117-58, Division J, Title
VIII) of 2021 referred to as the Bipartisan Infrastructure Law (BIL). In addition, for subgrants awarded
under this Grant involving projects to be carried out on property not owned by the State or appropriate
Sponsor, there are no legal impediments that will prevent full performance by the State or Sponsor.
Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the
State in accordance with the terms thereof.
Please read the following information: By signing this document, you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so, you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.3
Dated this day of {{DateTime_es_:signer3:calc(now()):format(date," mmmm d, yyyy")}}
By:{{Sig_es_:signer3:signature:dimension(height=12mm, width=70mm}}
(Signature of State’s Attorney)
3 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
§ 1001 (False Statements) and could subject you to fines, imprisonment, or both.
JamesShell(Sep 8, 202313:21EDT)
James Shell
September 8,2023
3-26-SBGP-155-2023
Aviation State Block Grant Program Assurances 5/2022 Page 1 of 2
AVIATION STATE BLOCK GRANT PROGRAM ASSURANCES
General
These assurances are required to be submitted as Part III of the three-part application forms by States
applying to participate in the State Block Grant Program under Title 49, United States Code, section
47128, and Title 14, Code of Federal Regulations, Part 156. Participating States shall comply with these
assurances in the performance of any grant agreement executed as a result of this application.
1.Incorporated in Grant Agreement.
Upon acceptance by the State of the grant offer, these assurances and all assurances, as well as
applicable terms and conditions are incorporated in and become part of the grant agreement.
2.Federal Requirements.
The State agrees to comply with Federal procedural and other standard requirements for
administering the block grant.
3.Program Reporting.
The State agrees to provide the FAA with such program or project information as the DOT Secretary
may require, as described in the Agreement and in compliance with 49 U.S.C. Chapters 471 and 475.
4.Obligated to Standard Assurances.
a. For all projects where the State is the owner of the airport(s), the State shall be obligated to
comply with the standard AIP Assurances entitled “Assurances – Airport Sponsors” and
“Assurances – Non-airport Sponsors Undertaking Noise Compatibility Program Projects,” as
appropriate to the individual project. These standard assurances are attached to and become
part of these Aviation State Block Grant Program Assurances.
b. For all projects benefiting an airport owner other than the State, the State shall enter into an
agreement with the airport owner. The agreement shall obligate the airport owner, or the
State, to comply with each of the attached assurances as well as terms and conditions
contained in this agreement that would have been applicable to the airport owner had it
applied directly to the FAA for a grant to undertake the project. The agreement shall address
the transfer and delegation to the airport owner of State obligations to the FAA, if desired. The
agreement and changes thereto must be satisfactory to the Administrator of the FAA.
5.Compliance Responsibilities.
The State shall take steps to enforce agreements for subgrants with each airport owner benefiting
from the State Block Grant Program if noncompliance with the terms of the agreement is evident or
presented to the State. This compliance responsibility shall be assumed by the FAA at the
termination of the State Block Grant Program, or as otherwise agreed to by the State and the FAA.
6.Environmental Responsibilities.
A State that is subject to its own environmental requirements comparable to requirements of the
National Environmental Policy Act (NEPA) of 1969 (“NEPA-like,” as defined in regulations issued by
the U.S. Council on Environmental Quality (CEQ)) shall follow its own requirements. If the State has
no such requirements, it shall follow applicable CEQ regulations.
7.State Resources.
3-26-SBGP-155-2023
Aviation State Block Grant Program Assurances 5/2022 Page 2 of 2
The State assures that sufficient funds will be available for that portion of project costs that are not
paid by the United States, and that sufficient qualified personnel will be available to carry out its
responsibilities under this grant in a timely manner satisfactory to the FAA.
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Airport Sponsor Assurances Bipartisan Infrastructure Law Page 1 of 18
ASSURANCES
AIRPORT SPONSORS
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 Public Law 117-58, Division J, Title VIII, 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 this grant offer by the sponsor, these assurances are incorporated in and
become part of this 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 this 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 this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25,
30, 32, 33, 34, and 37 in Section C apply to planning projects. The terms, conditions, and
assurances of this Grant Agreement shall remain in full force and effect during the life of the
project; 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.
C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
3-26-SBGP-155-2023
Airport Sponsor Assurances Bipartisan Infrastructure Law Page 2 of 18
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 Grant
including but not limited to the following:
FEDERAL LEGISLATION
a. 49 U.S.C. subtitle VII, as amended.
b. Davis-Bacon Act, as amended — 40 U.S.C. §§ 3141-3144, 3146, and 3147, 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, 42 U.S.C. §
4601, et seq.1, 2
f. National Historic Preservation Act of 1966 – Section 106 - 54 U.S.C. § 306108.1
g. Archeological and Historic Preservation Act of 1974 - 54 U.S.C. § 312501, et seq.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 - 42 U.S.C. § 7401, et seq.
j. Coastal Zone Management Act, P.L. 92-583, as amended - 16 U.S.C. § 1451, et seq.
k. Flood Disaster Protection Act of 1973 – Section 102(a) - 42 U.S.C. § 4012a.1
l. 49 U.S.C. § 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973 - 29 U.S.C. § 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin);
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits
discrimination on the basis of disability).
p. Age Discrimination Act of 1975 - 42 U.S.C. § 6101, et seq.
q. American Indian Religious Freedom Act, P.L. 95-341, as amended.
r. Architectural Barriers Act of 1968, as amended - 42 U.S.C. § 4151, et seq.1
s. Powerplant and Industrial Fuel Use Act of 1978 – Section 403 - 42 U.S.C. § 8373.1
t. Contract Work Hours and Safety Standards Act - 40 U.S.C. § 3701, et seq.1
u. Copeland Anti-kickback Act - 18 U.S.C. § 874.1
v. National Environmental Policy Act of 1969 - 42 U.S.C. § 4321, et seq.1
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended – 16 U.S.C. § 1271, et seq.
x. Single Audit Act of 1984 - 31 U.S.C. § 7501, et seq.2
y. Drug-Free Workplace Act of 1988 - 41 U.S.C. §§ 8101 through 8105.
z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub.L. 109-282,
as amended by section 6202 of P.L. 110-252).
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Airport Sponsor Assurances Bipartisan Infrastructure Law Page 3 of 18
aa. Civil Rights Restoration Act of 1987, P.L. 100-259.
bb. Build America, Buy America Act, P.L. 117-58, Title IX.
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
Construction1
f. Executive Order 12898 – Environmental Justice
g. Executive Order 13166 – Improving Access to Services for Persons with Limited English
Proficiency
h. Executive Order 13985 – Executive Order on Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government
i. Executive Order 13988 – Preventing and Combating Discrimination on the Basis of Gender
Identity or Sexual Orientation
j. Executive Order 14005 – Ensuring the Future is Made in all of America by All of America’s
Workers
k. Executive Order 14008 – Tackling the Climate Crisis at Home and Abroad
FEDERAL REGULATIONS
a. 2 CFR Part 180 – OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement).
b. 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. 4, 5
c. 2 CFR Part 1200 – Nonprocurement Suspension and Debarment.
d. 14 CFR Part 13 – Investigative and Enforcement Procedures.
e. 14 CFR Part 16 – Rules of Practice for Federally-Assisted Airport Enforcement Proceedings.
f. 14 CFR Part 150 – Airport Noise Compatibility Planning.
g. 28 CFR Part 35 – Nondiscrimination on the Basis of Disability in State and Local Government
Services.
h. 28 CFR § 50.3 – U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil
Rights Act of 1964.
i. 29 CFR Part 1 – Procedures for Predetermination of Wage Rates.1
j. 29 CFR Part 3 – Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States.1
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Airport Sponsor Assurances Bipartisan Infrastructure Law Page 4 of 18
k. 29 CFR Part 5 – Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction
Contracts Subject to the Contract Work Hours and Safety Standards Act).1
l. 41 CFR Part 60 – Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and Federally-assisted contracting requirements).1
m. 49 CFR Part 20 – New Restrictions on Lobbying.
n. 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.
o. 49 CFR Part 23 – Participation by Disadvantage Business Enterprise in Airport Concessions.
p. 49 CFR Part 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally-Assisted Programs.1, 2
q. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs.
r. 49 CFR Part 27 – Nondiscrimination on the Basis of Disability in Programs or Activities Receiving
Federal Financial Assistance.1
s. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or
Activities Conducted by the Department of Transportation.
t. 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.
u. 49 CFR Part 32 – Governmentwide Requirements for Drug-Free Workplace (Financial
Assistance).
v. 49 CFR Part 37 – Transportation Services for Individuals with Disabilities (ADA).
w. 49 CFR Part 38 – Americans with Disabilities Act (ADA) Accessibility Specifications for
Transportation Vehicles.
x. 49 CFR Part 41 – Seismic Safety.
FOOTNOTES TO ASSURANCE (C)(1)
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal
assistance. Any requirement levied upon State and Local Governments by this regulation shall
apply where applicable to private sponsors receiving Federal assistance under Title 49, United
States Code.
4 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for
determining the eligibility of specific types of expenses.
5 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.
SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations or
circulars are incorporated by reference in this Grant Agreement.
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Airport Sponsor Assurances Bipartisan Infrastructure Law Page 5 of 18
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this 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 this 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 this 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 this Grant
Agreement without the written approval of the Secretary, and will act promptly to acquire,
extinguish or modify any outstanding rights or claims of right of others which would interfere
with such performance by the sponsor. This shall be done in a manner acceptable to the
Secretary.
b. Subject to the FAA Act of 2018, Public Law 115-254, Section 163, 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 this 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 this 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
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Airport Sponsor Assurances Bipartisan Infrastructure Law Page 6 of 18
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 ensure that the airport will be operated and maintained in
accordance with Title 49, United States Code, the regulations and the terms, conditions and
assurances in this Grant Agreement and shall ensure that such arrangement also requires
compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any arrangement that
results in permission for the owner or tenant of a property used as a residence, or zoned for
residential use, to taxi an aircraft between that property and any location on airport. Sponsors
of general aviation airports entering into any arrangement that results in permission for the
owner of residential real property adjacent to or near the airport must comply with the
requirements of 49 U.S.C. § 47107(s) and the sponsor assurances.
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.
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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. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway, or a major runway extension at a
medium or large hub airport, the sponsor has made available to and has provided upon request to
the metropolitan planning organization in the area in which the airport is located, if any, a copy of
the proposed amendment to the airport layout plan to depict the project and a copy of any airport
master plan in which the project is described or depicted.
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 49 U.S.C. § 44706, 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 this Grant, the total cost of the project in connection with
which this Grant is given or used, and the amount or nature of that portion of the cost of the
project supplied by other sources, and such other financial records pertinent to the project. The
accounts and records shall be kept in accordance with an accounting system that will facilitate
an effective audit in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United States, or
any of their duly authorized representatives, for the purpose of audit and examination, any
books, documents, papers, and records of the recipient that are pertinent to this 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 this Grant was given
or used, it shall file a certified copy of such audit with the Comptroller General of the United
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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 this Grant
Agreement which involve labor, provisions establishing minimum rates of wages, to be
predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public
Building, Property, and Works), 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 this 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 Vietnam era
veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small
business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. § 47112.
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 this Grant Agreement.
17. Construction Inspection and Approval.
It will provide and maintain competent technical supervision at the construction site throughout the
project to assure that the work conforms to the plans, specifications, and schedules approved by
the Secretary for the project. It shall subject the construction work on any project contained in an
approved project application to inspection and approval by the Secretary and such work shall be in
accordance with regulations and procedures prescribed by the Secretary. Such regulations and
procedures shall require such cost and progress reporting by the sponsor or sponsors of such
project as the Secretary shall deem necessary.
18. Planning Projects.
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the
project application or with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to the planning
project and planning work activities.
c. It will include in all published material prepared in connection with the planning project a
notice that the material was prepared under a grant provided by the United States.
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d. It will make such material available for examination by the public, and agrees that no material
prepared with funds under this project shall be subject to copyright in the United States or any
other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise
use any of the material prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment of specific
consultants and their subcontractors to do all or any part of this project as well as the right to
disapprove the proposed scope and cost of professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all
or any part of the project.
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 effect arrangements for:
1. Operating the airport's aeronautical facilities whenever required;
2. Promptly marking and lighting hazards resulting from airport conditions, including
temporary conditions; and
3. Promptly notifying aviators of any condition affecting aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when snow, flood, or other climatic conditions
interfere with such operation and maintenance. Further, nothing herein shall be construed
as requiring the maintenance, repair, restoration, or replacement of any structure or
facility which is substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls
upon which Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect
instrument and visual operations to the airport (including established minimum flight altitudes) will
be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment or creation of
future airport hazards.
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21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and
purposes compatible with normal airport operations, including landing and takeoff of aircraft. In
addition, if the project is for noise compatibility program implementation, it will not cause or permit
any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the
airport, of the noise compatibility program measures upon which Federal funds have been
expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without
unjust discrimination to all types, kinds and classes of aeronautical activities, including
commercial aeronautical activities offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the
airport is granted to any person, firm, or corporation to conduct or to engage in any
aeronautical activity for furnishing services to the public at the airport, the sponsor will insert
and enforce provisions requiring the contractor to:
1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users
thereof, and
2. Charge reasonable, and not unjustly discriminatory, prices for each unit or service,
provided that the contractor may be allowed to make reasonable and nondiscriminatory
discounts, rebates, or other similar types of price reductions to volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and
other charges as are uniformly applicable to all other fixed-based operators making the same or
similar uses of such airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based
operator that is authorized or permitted by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, non-tenant, 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 non-tenants and signatory carriers and non-signatory 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.
g. 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.
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h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be
met by all users of the airport as may be necessary for the safe and efficient operation of the
airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport
if such action is necessary for the safe operation of the airport or necessary to serve the civil
aviation needs of the public.
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or intending to
provide, aeronautical services to the public. For purposes of this paragraph, the providing of the
services at an airport by a single fixed-based operator shall not be construed as an exclusive right if
both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based
operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would require the
reduction of space leased pursuant to an existing agreement between such single fixed-based
operator and such airport. It further agrees that it will not, either directly or indirectly, grant or
permit any person, firm, or corporation, the exclusive right at the airport to conduct any
aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental
and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier
operations, aircraft sales and services, sale of aviation petroleum products whether or not
conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft,
sale of aircraft parts, and any other activities which because of their direct relationship to the
operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any
exclusive right to conduct an aeronautical activity now existing at such an airport before the
grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport which will
make the airport as self-sustaining as possible under the circumstances existing at the particular
airport, taking into account such factors as the volume of traffic and economy of collection. No part
of the Federal share of an airport development, airport planning or noise compatibility project for
which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act
of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be
included in the rate basis in establishing fees, rates, and charges for users of that airport.
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.
The following exceptions apply to this paragraph:
1. 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
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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.
2. If the Secretary approves the sale of a privately owned airport to a public sponsor and
provides funding for any portion of the public sponsor’s acquisition of land, this limitation
on the use of all revenues generated by the sale shall not apply to certain proceeds from
the sale. This is conditioned on repayment to the Secretary by the private owner of an
amount equal to the remaining unamortized portion (amortized over a 20-year period) of
any airport improvement grant made to the private owner for any purpose other than land
acquisition on or after October 1, 1996, plus an amount equal to the federal share of the
current fair market value of any land acquired with an airport improvement grant made to
that airport on or after October 1, 1996.
3. Certain revenue derived from or generated by mineral extraction, production, lease, or
other means at a general aviation airport (as defined at 49 U.S.C. § 47102), if the FAA
determines the airport sponsor meets the requirements set forth in Section 813 of Public
Law 112-95.
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 49 U.S.C. § 47107.
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 this 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
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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.
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 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. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, 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;
3. the location of all existing and proposed non-aviation areas and of all existing
improvements thereon; and
4. all proposed and existing access points used to taxi aircraft across the airport’s property
boundary.
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
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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. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, 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 except in the case of a relocation or replacement of an existing
airport facility due to a change in the Secretary’s design standards beyond the control of
the airport sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall, on
the grounds of race, color, and national origin (including limited English proficiency) in accordance
with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to
2000d-4); creed and sex (including sexual orientation and gender identity) per 49 U.S.C. § 47123
and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or
disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any
program and activity conducted with, or benefiting from, funds received from this Grant.
a. Using the definitions of activity, facility, and program as found and defined in 49 CFR §§
21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct
all programs in compliance with all non-discrimination requirements imposed by or pursuant to
these assurances.
b. Applicability
1. Programs and Activities. If the sponsor has received a grant (or other federal assistance)
for any of the sponsor’s program or activities, these requirements extend to all of the
sponsor’s programs and activities.
2. Facilities. Where it receives a grant or other federal financial assistance to construct,
expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance
extends to the entire facility and facilities operated in connection therewith.
3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in
the form of, or for the acquisition of real property or an interest in real property, the
assurance will extend to rights to space on, over, or under such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which Federal
financial assistance is extended to the program, except where the Federal financial assistance is
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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. So long as the airport is used as an airport, or for another purpose involving the provision
of similar services or benefits; or
2. So long as the sponsor retains ownership or possession of the property.
d. Required Solicitation Language. It will include the following notification in all solicitations for
bids, Requests For Proposals for work, or material under this Grant Agreement and in all
proposals for agreements, including airport concessions, regardless of funding source:
“The (State of Michigan), in accordance with the provisions of Title VI of the Civil Rights Act of
1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all
bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant
to this advertisement, [select businesses, or disadvantaged business enterprises or airport
concession disadvantaged business enterprises] will be afforded full and fair opportunity to
submit bids in response to this invitation and no businesses will be discriminated against on the
grounds of race, color, national origin (including limited English proficiency), creed, sex
(including sexual orientation and gender identity), age, or disability in consideration for an
award.”
e. Required Contract Provisions.
1. It will insert the non-discrimination contract clauses requiring compliance with the acts and
regulations relative to non-discrimination in Federally-assisted programs of the
Department of Transportation (DOT), and incorporating the acts and regulations into the
contracts by reference in every contract or agreement subject to the non-discrimination in
Federally-assisted programs of the DOT acts and regulations.
2. It will include a list of the pertinent non-discrimination authorities in every contract that is
subject to the non-discrimination acts and regulations.
3. It will insert non-discrimination contract clauses as a covenant running with the land, in
any deed from the United States effecting or recording a transfer of real property,
structures, use, or improvements thereon or interest therein to a sponsor.
4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of
race, color, national origin (including limited English proficiency), creed, sex (including
sexual orientation and gender identity), age, or disability as a covenant running with the
land, in any future deeds, leases, license, permits, or similar instruments entered into by
the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the
applicable activity, project, or program; and
b. For the construction or use of, or access to, space on, over, or under real property
acquired or improved under the applicable activity, project, or program.
f. It will provide for such methods of administration for the program as are found by the
Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees,
contractors, subcontractors, consultants, transferees, successors in interest, and other
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participants of Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the acts, the regulations, and this assurance.
g. It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the acts, the regulations, and this assurance.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land
serving as a noise buffer, 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 be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2)
transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give
preference to the following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. §
47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding
under 49 U.S.C. § 47114, 47115, or 47117, or under Public Law 117-58, Division J, Title VIII;
or
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved
noise compatibility project at that airport.
If land acquired under a grant for noise compatibility purposes is leased at fair market value
and consistent with noise buffering purposes, the lease will not be considered a disposal of the
land. Revenues derived from such a lease may be used for an approved airport development
project that would otherwise be eligible for grant funding or any permitted use of airport
revenue.
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, upon application to the Secretary, be reinvested or transferred to another
eligible airport as prescribed by the Secretary. The Secretary shall give preference to the
following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. §
47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding
under 49 U.S.C. §§ 47114, 47115, or 47117, or under Public Law 117-58, Division J, Title
VIII; or
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved
noise compatibility project at that airport.
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c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be
needed for aeronautical purposes (including runway protection zones) or serve as noise buffer
land, and (2) 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 associated with operation of the airport.
32. Engineering and Design Services.
If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49
U.S.C., or Public Law 117-58, Division J, Title VIII 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 in the
same manner as a contract for architectural and engineering services is negotiated under Chapter
11 of Title 40 U.S.C., or an equivalent qualifications-based requirement prescribed for or by the
sponsor of the airport.
33. Foreign Market Restrictions.
It will not allow funds provided under this Grant to be used to fund any project which uses any
product or service of a foreign country during the period in which such foreign country is listed by
the United States Trade Representative as denying fair and equitable market opportunities for
products and suppliers of the United States in procurement and construction.
34. Policies, Standards, and Specifications.
It will carry out any project funded under Bipartisan Infrastructure Law grant in accordance with
policies, standards, and specifications approved by the Secretary including, but not limited to,
current FAA Advisory Circulars (https://www.faa.gov/airports/aip/media/aip-pfc-checklist.pdf) for
BIL projects as of July 14, 2023.
35. Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property, to the greatest extent practicable under State law,
by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse
property owners for necessary expenses as specified in Subpart B.
b. It will provide a relocation assistance program offering the services described in Subpart C of 49
CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as
required in Subpart D and E of 49 CFR Part 24.
c. It will make available within a reasonable period of time prior to displacement, comparable
replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
3-26-SBGP-155-2023
Airport Sponsor Assurances Bipartisan Infrastructure Law Page 18 of 18
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 sponsor shall not discriminate on the basis of race, color, national origin, sex, in the award and
performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and
performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor
shall not discriminate on the basis of race, color, national origin or sex in the administration of its
Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business
Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take
all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the
award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor’s
DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are
incorporated by reference in this agreement. Implementation of these programs is a legal obligation
and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification
to the sponsor of its failure to carry out its approved program, the Department may impose
sanctions as provided for under Parts 26 and 23 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. §§ 3801-3809, 3812).
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 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 49 U.S.C. §
47102) 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 which, if any, the airport will be able to accommodate the
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.
04/27/2023
Airport Improvement Program
n/a
Michigan State Block Grant; Oakland County International Airport, (PTK)
Rehabilitate Taxiway-D (6600' x 50')-Design
Reconstruct Taxiway Lighting-D-Design
TOTAL PROJECT BUDGET $522,756 $29,042 $29,042 $580,840
EXHIBIT 1