HomeMy WebLinkAboutResolutions - 2024.11.21 - 41709
AGENDA ITEM: Grant Acceptance from the Michigan Department of Transportation (MDOT) for
Oakland/Southwest Airport Obstruction Removal - Wetland Permit for Runway 8/26 Approach
Clearing - Design
DEPARTMENT: Economic Development - Aviation and Transportation
MEETING: Board of Commissioners
DATE: Thursday, November 21, 2024 1:46 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2024-4594
Motion to accept the grant award from the Michigan Department of Transportation (MDOT) in the
total amount of $120,239 for the term October 2, 2024 through August 8, 2025; further, authorize
the Chair of the Board of Commissioners to execute the airport sponsor contract with MDOT on
behalf of the County.
ITEM CATEGORY SPONSORED BY
Grant Yolanda Smith Charles
INTRODUCTION AND BACKGROUND
The County of Oakland (“County”) is eligible for federal funding from the Federal Aviation
Administration (“FAA”) for airport development projects through a block grant to the Michigan
Department of Transportation (“MDOT”), Grant Contract No. 2025-0033, Federal Project No. B-26-
0152-1721 for Obstruction Marking/Lighting/Removal and Wetland Permit for Runway 8/26
Approach Clearing – Design at the Oakland/Southwest Airport in New Hudson, MI. MDOT shall act
as agent on behalf of the County in the administration of the project. The County of Oakland
(County) owns the Oakland/Southwest Airport (Airport) in New Hudson, Michigan.
No application was requested from Oakland County for the project; however, the attached contract
has completed the County Grant Review Process in accordance with the Grants Policy approved by
the Board at their January 21, 2021 meeting. The Airport Committee has reviewed the project and
recommends acceptance of the grant contract.
The grant performance period will be October 2, 2024 through August 8, 2025, for a total project
cost of $120,239 to be funded 100% federally with no local match required. The target date for
project completion is Summer, 2025.
POLICY ANALYSIS
Acceptance of this grant does not obligate the County to any future commitment and continuation of
this program is contingent upon continued future levels of grant funding.
BUDGET AMENDMENT REQUIRED: No
Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at
248.821.3065 or winterb@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 - 11/21/2024
AGENDA DEADLINE: 11/21/2024 9:30 AM
ATTACHMENTS
1. New Hudson 2025-0033 (1721) sig boxes
2. Award_AWD00562__MDOT_Grant_Acceptance_-_Obstruction_Removal_-
_Wetl_10_02_2024_for_$120,239.00
3. Grant Review Sign-Off - FY2024
COMMITTEE TRACKING
2024-11-13 Economic Development & Infrastructure - Recommend to Board
2024-11-21 Full Board - Adopt
Motioned by: None
Seconded by: None
Yes: None (0)
No: None (0)
Abstain: None (0)
Absent: (0)
10/2/2024 1 PUBLIC BLOCK GRANT 2 v8w
CONTRACT NO. 2025-0033
FEDERAL PROJECT NO. B-26-0152-1721
MICHIGAN DEPARTMENT OF TRANSPORTATION
OAKLAND COUNTY
CONTRACT FOR A FEDERAL/STATE/LOCAL
AIRPORT PROJECT
UNDER THE BLOCK GRANT PROGRAM
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/Southwest Airport, whose
associated city is New Hudson, Michigan, such undertaking (PROJECT) estimated in detail in
Exhibit 1, dated June 17, 20224, attached hereto and made a part hereof.
PROJECT DESCRIPTION: OBSTRUCTION MARKING/LIGHTING/REMOVAL
(NON-HAZARD)-WETLAND PERMIT FOR RUNWAY 8/26 APPROACH CLEARING -
ENVIRONMENTAL. OBSTRUCTION MARKING/LIGHTING/REMOVAL (NON-
HAZARD)-RUNWAY 8/26 APPROACH CLEARING ON AIRPORT PROPERTY -
DESIGN.
Recitals:
The PROJECT is eligible for federal funding under the federal Airport Improvement Program,
pursuant to 49 USC 47101 et seq., including 47128; and
MDOT has received a block grant from the Federal Aviation Administration (FAA) for airport
development projects; and
MDOT is responsible for the allocation and management of block grant funds pursuant to the
above noted act; and
Information required by 2 CFR Part 200 is attached to this Contract as Attachment X.
The parties agree that:
10/2/2024 2 PUBLIC BLOCK GRANT 2 v8w
1.The term “PROJECT COST,” as used herein, is defined in Attachment(s) 8 and 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. MDOT will select the consultant for each element of the PROJECT that
involves preparation of environmental documentation. The SPONSOR will select the
consultant for all other aspects of the PROJECT. All consultant contracts will be
submitted to MDOT for review and approval. Any such approvals will not be construed
as a warranty of the consultant’s qualifications, professional standing, ability to perform
the work being subcontracted, or financial integrity. The SPONSOR will neither award a
consultant contract nor authorize the consultant to proceed prior to receiving written
approval of the contract from MDOT. Any change to the consultant contract will require
prior written approval from 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 the PROJECT work.
Eligible PROJECT COSTS that are paid by the SPONSOR may be submitted for credit
toward the SPONSOR’s share of the PROJECT COST provided that they are submitted
within one hundred eighty (180) days of the date the costs were incurred or within one
hundred eighty (180) days of the date of award of this Contract by the parties, whichever
is later. Documentation of the PROJECT COST will include copies of the invoices on
which the SPONSOR will write the amounts paid, the check numbers, the voucher
numbers, and the dates of the checks. Each invoice will be signed by an official of the
SPONSOR as proof of payment. The amount of the SPONSOR billing will be reduced by
the amount of the eligible credit, based on documentation submitted, provided it is
submitted prior to the date of the billing. Should it be determined that the SPONSOR has
been given credit for payment of ineligible items of work, the SPONSOR will be billed
an amount to ensure that the SPONSOR share of PROJECT COSTS is covered.
The SPONSOR pledges sufficient funds to meet its obligations under this Contract.
4.With regard to audits and record-keeping:
a.The SPONSOR will establish and maintain accurate records, in accordance with
generally accepted accounting principles, of all expenses incurred for which
payment is sought or made under this Contract (RECORDS). Separate accounts
will be established and maintained for all costs incurred under this Contract.
10/2/2024 3 PUBLIC BLOCK GRANT 2 v8w
b.The SPONSOR will maintain the RECORDS for at least six (6) years from the
date of final payment made by MDOT under this Contract. In the event of a
dispute with regard to allowable expenses or any other issue under this Contract,
the SPONSOR will thereafter continue to maintain the RECORDS at least until
that dispute has been finally decided and the time for all available challenges or
appeals of that decision has expired.
c.MDOT or its representative may inspect, copy, scan, or audit the RECORDS at
any reasonable time after giving reasonable notice.
d.If any part of the work is subcontracted, the SPONSOR will assure compliance
with subsections (a), (b), and (c) above for all subcontracted work.
5.Provide and will require its subcontractors to provide access by MDOT or its
representatives to all technical data, accounting records, reports, and documents
pertaining to this Contract. Copies of technical data, reports, and other documents will be
provided by the SPONSOR or its subcontractors to MDOT upon request. The SPONSOR
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 six (6) 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.
The SPONSOR agrees to comply with the General Conditions and Special Conditions set
forth in Appendix F, the FAA Assurances, and the FAA Advisory Circulars, attached
hereto and made part hereof.
In addition, the SPONSOR agrees to accomplish the PROJECT in compliance with all
applicable FAA Sponsor Certifications.
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.Bill the SPONSOR for the SPONSOR’s share of the estimated PROJECT COST.
10/2/2024 4 PUBLIC BLOCK GRANT 2 v8w
9.Upon receipt of payment requests approved by the SPONSOR, make payment for eligible
PROJECT COSTS. MDOT will seek reimbursement from the FAA through the block
grant issued to MDOT 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 or billed to the SPONSOR.
IT IS FURTHER AGREED THAT:
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 .........................................................................................................$120,239
Maximum MDOT Share ...................................................................................................$0
SPONSOR Share ...............................................................................................................$0
Estimated PROJECT COST ...................................................................................$120,239
12.The PROJECT COST may be met in part with federal funds granted to MDOT by the
FAA through the block grant program and in part with MDOT funds. Upon final
settlement of the costs, the federal funds will be applied to the federally-funded parts of
this Contract at a rate not to exceed ninety-five percent (95%) up to and not to exceed the
maximum federal obligation shown in Section 11 or the revised maximum federal
obligation set forth in a budget letter, as set forth in Section 13. Those parts beyond the
federal funding maximum may be eligible for state funds at a rate not to exceed ninety
percent (90%) up to and not to exceed the maximum MDOT obligation shown in Section
11.
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.
Alternatively, 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.
10/2/2024 5 PUBLIC BLOCK GRANT 2 v8w
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.
13.The PROJECT COST shown in Section 11 is the maximum obligation of MDOT and
federal funds under this Contract. The maximum obligation of MDOT and federal funds
may be adjusted to an amount less than the maximums shown in Section 11 through a
budget letter issued by MDOT. A budget letter will be used when updated cost estimates
for the PROJECT reflect a change in the amount of funds needed to fund all PROJECT
COSTS. The budget letter will be signed by the Manager of the Airport Development
Section of the Office of Aeronautics.
A budget letter will also be used to add or delete work items from the PROJECT
description, provided that the costs do not exceed the maximum obligations shown in
Section 11. If the total amount of the PROJECT COST exceeds the maximum
obligations shown in Section 11, the PROJECT scope will have to be reduced or a written
amendment to this Contract to provide additional funds will have to be awarded by the
parties before the work is started.
14.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
this occurs, this Contract will be void and of no effect with respect to the canceled
portion of the PROJECT. Any SPONSOR deposits on the canceled portion less
PROJECT COSTS incurred on the canceled portions 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.
15.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
10/2/2024 6 PUBLIC BLOCK GRANT 2 v8w
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
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.
16.Failure on the part of the SPONSOR to comply with any of the conditions of this
Contract may be considered cause for placing the SPONSOR in a state of noncompliance,
thereby making the SPONSOR ineligible for future federal and/or state funds until such
time as the noncompliance issues are resolved. In addition, this failure may constitute
grounds for cancellation of the PROJECT and/or repayment of all grant amounts on a pro
rata basis, if the PROJECT has begun. In this section, pro rata means proration of the
cost of the PROJECT over twenty (20) years if the PROJECT has not yet begun.
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 approvals, acceptances, reviews, and/or inspections by MDOT will not relieve the
SPONSOR of its obligations hereunder, nor are such approvals, acceptances, reviews,
10/2/2024 7 PUBLIC BLOCK GRANT 2 v8w
and/or inspections 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.With regard to nondiscrimination and Disadvantaged Business Enterprise (DBE)
requirements:
a.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.
b.The SPONSOR will carry out the applicable requirements of MDOT’s DBE
program and 49 CFR Part 26, including, but not limited to, those requirements set
forth in Appendix C, dated October 1, 2005, attached hereto and made a part
hereof.
19.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 the 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 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.
20.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
10/2/2024 8 PUBLIC BLOCK GRANT 2 v8w
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.
21.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.
22.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.
23.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 this Contract
without its specific consent and notwithstanding its concurrence in or approval of the
award of any contract or subcontract or the solicitation thereof.
24.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.
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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.
25.This Contract will be in effect from the date of award (the date of the final signature)
through twenty (20) years.
26.In case of any discrepancies between the body of this Contract and any exhibit hereto, the
body of the Contract will govern.
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27.This Contract will become binding on the parties and of full force and effect upon signing
by the duly authorized representatives of the SPONSOR and 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
AIP
June 17, 2024
MDOT
Coding Federal State Local Total
ENVIRONMENTAL (EPE)$90,439 $0 $0 $90,439
Obstruction Marking/Lighting/Removal
(Non-Hazard)-Wetland Permit for
Runway 8/26 Approach Clearing
221169EPE
Environmenal
100% Federal $90,439 $0 $0 $90,439
DESIGN (PE)$29,800 $0 $0 $29,800
Obstruction Marking/Lighting/Removal
(Non-Hazard)-Runway 8/26 Approach
Clearing on Airport Property
208232PE
Design 100%
Federal $29,800 $0 $0 $29,800
TOTAL PROJECT BUDGET $120,239 $0 $0 $120,239
Job 221169 Budget $90,439 $0 $0 $90,439
Job 209232 Budget $29,800 $0 $0 $29,800
TOTAL PROJECT PERCENTAGE 100.00%0.00%0.00%100.00%
Job 221169 Budget 100.00%0.00%0.00%100.00%
Job 209232 Budget 100.00%0.00%0.00%100.00%
Federal Billing Breakdown Job 221169
Bill 1 $90,439 NPE 3-26-SBGP-12321 Awarded 8/9/2021
Federal Billing Breakdown Job 209232
Bill 1 $29,800 NPE 3-26-SBGP-12321 Awarded 8/9/2021
Bid Date & Type:NA
Performance End Date:8/8/2025 SBGP 12321
MAC Approval: 7/17/24
Project No. B-26-0152-1721
EXHIBIT 1
OAKLAND SOUTHWEST
NEW HUDSON, MICHIGAN
Job No. 221169EPE, 209232PE
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: $120,239
5. Federal Grant Number(s):SBGP 12321
6. Grant Award Date(s):8/9/2021
7. MDOT Project Number:B-26-0152-1721
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-123-2021
11. Federal Award Date: 8/9/2021
12. Period of Performance Start Date: Award Date of MDOT Contract
13. Period of Performance End Date: 8/8/2025
14. Amount of Federal Funds obligated by this action: $120,239
15. Total amount of Federal Funds obligated: $120,239
16. Total amount of the Federal award: $120,239
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 8
SUPPLEMENTAL PROVISIONS FOR CONTRACTS
INVOLVING PREPARATION OF ENVIRONMENTAL DOCUMENTATION
1. The PROJECT COST will include the cost of the consultant to perform the PROJECT work
and the cost of public notices.
2. The DEPARTMENT will select a consultant to prepare the environmental documentation.
The SPONSOR will enter into a contract with the consultant. The consultant contract will be
submitted to the DEPARTMENT 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 not award a
consultant contract nor authorize the consultant to proceed prior to receiving written approval
of the contract from the DEPARTMENT. Any change to the consultant contract will require
prior written approval from the DEPARTMENT. In the event the consultant contract is
terminated, the DEPARTMENT will be given immediate written notice by the SPONSOR.
3. The SPONSOR will be billed by the DEPARTMENT. The amount of the billing will be the
amount shown as the local share on the attached Exhibit 1. The DEPARTMENT will bill the
SPONSOR for the SPONSOR’s share of additional estimated PROJECT COSTS for changes
approved by the DEPARTMENT at the time of award of the amendment. The SPONSOR
will make payment to the DEPARTMENT within thirty (30) days of the billing date.
4. Payment of all PROJECT COSTS will be made by the DEPARTMENT upon receipt of an
invoice from the consultant approved by the SPONSOR.
Page 1 of 1
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.
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 contractual 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 MOOT.
For "Period Covered," report the calendar days covered by the billing.
For "Services Work Performed" report the main service performed by the subconsultant during the reporting period.
For "Total Contract Amount" report the total amount of the contract between the prime consultant and 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 (documentation of such
agreement may be required by MDOT).
For "Actual Amount Paid to Date," report cumulative actual payments made to the subconsultant for services completed.
For "Actual Amount Paid During this 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
Airport Sponsor Assurances 5/2022 Page 1 of 19
FAA
Airports
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 Title 49, U.S.C., subtitle VII, as amended. As used
herein, the term "public agency sponsor" means a public agency with control of a public-use
airport; the term "private sponsor" means a private owner of a public-use airport; and the term
"sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of 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
Airport Sponsor Assurances 5/2022 Page 2 of 19
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:
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. § 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
Airport Sponsor Assurances 5/2022 Page 3 of 19
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 (P.L. 109-282, as
amended by section 6202 of P.L. 110-252).
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.
Airport Sponsor Assurances 5/2022 Page 4 of 19
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
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
Airport Sponsor Assurances 5/2022 Page 5 of 19
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.
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
Airport Sponsor Assurances 5/2022 Page 6 of 19
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
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 Sec. 136 of Public Law 112-95 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.
Airport Sponsor Assurances 5/2022 Page 7 of 19
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.
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-Management.
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
Airport Sponsor Assurances 5/2022 Page 8 of 19
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
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.
Airport Sponsor Assurances 5/2022 Page 9 of 19
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.
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 pilots 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
Airport Sponsor Assurances 5/2022 Page 10 of 19
facility which is substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls
upon which Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect
instrument and visual operations to the airport (including established minimum flight altitudes) will
be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment or creation of
future airport hazards.
21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and
purposes compatible with normal airport operations, including landing and takeoff of aircraft. In
addition, if the project is for noise compatibility program implementation, it will not cause or permit
any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the
airport, of the noise compatibility program measures upon which Federal funds have been
expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without
unjust discrimination to all types, kinds and classes of aeronautical activities, including
commercial aeronautical activities offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the
airport is granted to any person, firm, or corporation to conduct or to engage in any
aeronautical activity for furnishing services to the public at the airport, the sponsor will insert
and enforce provisions requiring the contractor to:
1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users
thereof, and
2. Charge reasonable, and not unjustly discriminatory, prices for each unit or service,
provided that the contractor may be allowed to make reasonable and nondiscriminatory
discounts, rebates, or other similar types of price reductions to volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and
other charges as are uniformly applicable to all other fixed-based operators making the same or
similar uses of such airport and utilizing the same or similar facilities.
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
Airport Sponsor Assurances 5/2022 Page 11 of 19
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.
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
Airport Sponsor Assurances 5/2022 Page 12 of 19
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
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
Airport Sponsor Assurances 5/2022 Page 13 of 19
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
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.
Airport Sponsor Assurances 5/2022 Page 14 of 19
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
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.
Airport Sponsor Assurances 5/2022 Page 15 of 19
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
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 ([Selection Criteria: Sponsor Name]), 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.
Airport Sponsor Assurances 5/2022 Page 16 of 19
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
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;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved
noise compatibility project at that airport; or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.
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
Airport Sponsor Assurances 5/2022 Page 17 of 19
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;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved
noise compatibility project at that airport; or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.
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., 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
Airport Sponsor Assurances 5/2022 Page 18 of 19
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 an Airport Improvement Program 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
AIP projects as of [Selection Criteria: Project Application Date].
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.
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, or 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.
Airport Sponsor Assurances 5/2022 Page 19 of 19
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.
View Business Process from Notification:
Award:AWD00562: MDOT Grant Acceptance -
Obstruction Removal - Wetl 10/02/2024 for
$120,239.00
12:07 PM
10/11/2024
PaJe 1 of 6
For AWD00562: MDOT Grant Acceptance - Obstruction Removal - Wetl 10/02/2024 (version 0)
Overall Process Award:AWD00562: MDOT Grant Acceptance - Obstruction Removal - Wetl 10/02/2024 for $120,239.00
Overall Status In Progress
Due Date 10/10/2024
Calendars In Use Consecutive Days (No Calendars Selected)
Details
Award AWD00562: MDOT Grant Acceptance - Obstruction Removal - Wetl 10/02/2024 (version 0)
Award Number AWD00562
Award Status Approval In Process
Version 0
Version Status History
Award
Company Oakland County
Name MDOT Grant Acceptance - Obstruction Removal - Wetland Permit for Rwy 8/26 Approach Clearing - Design (OSA)
Award Lifecycle Status Open
Grantor Award Reference Number
Award Date 10/02/2024
Award Signed Date
Award Type Airport Awards
Award Tier 2 - $10,001 - $250,000
Institutional Id
Spend Restriction Default
Award Group 14 - Janell Umscheid
Award Contract Owner Cheryl Bush (31381)
Grantor
Is Subaward Yes
Prime Grantor Federal Aviation Administrator
Grantor Michigan Department of Transportation
Bill-To Grantor Michigan Department of Transportation
Letter of Credit
Document ID
Award Billing Sequence Active No
View Business Process from Notification:
Award:AWD00562: MDOT Grant Acceptance -
Obstruction Removal - Wetl 10/02/2024 for
$120,239.00
12:07 PM
10/11/2024
Page 2 of 6
Award Amounts
Currency USD
Zero Amount Award
Grantor Direct Cost 120,239.00
Grantor Indirect Cost 0.00
Grantor Total 120,239.00
Match Total 0.00
Award Total 120,239.00
Entered Line Amount 120,239.00
Authorized Amount 120,239.00
Billing Limit Override 0.00
Billed To Date 0.00
Match Required by Grantor No
Award Calendar
Award Schedule MDOT Grant Acceptance - Obstruction Removal - Wetland Permit for Rwy 8/26 Approach Clearing - Design (OSA)
Start Date 10/01/2024
End Date 09/30/2025
Contract Start Date
Contract End Date
Proposal
Federal Award Id Number B-26-0152-1721
Assistance Listing 20.106 - Airport Improvement Program
Assistance Listing Description Airport Improvement Program
Proposal ID
Proposal Version
Related Proposals
Award Line Summary
View Business Process from Notification:
Award:AWD00562: MDOT Grant Acceptance -
Obstruction Removal - Wetl 10/02/2024 for
$120,239.00
12:07 PM
10/11/2024
Page 3 of 6
Line Line
Number Grant Revenue
Category
Line
Type
Line
Status Line Amount Billing
Schedule
Scheduled, In
Progress, and
Ready To Bill
Amount
Billed
Amount
Non-Billed
Amount From Date To Date
AWD00562
RC615572 - State
Capital Grants
(Line 1)
1 GRN-1004571
Obstruction
Removal -
Wetland Permit
for Runway 8/26
Approach
Clearing -
Design
RC615572 -
State
Capital
Grants
Fixed
Amount
Draft 120,239.00 0.00 0.00 0.00 10/02/2024 08/08/2025
Award Lines
Award Line AWD00562 RC615572 - State Capital Grants (Line 1)
Line Number 1
Billed Amount 0.00
Line Status Draft
Line Item Details
Company Oakland County
Line Type Fixed Amount
Primary Yes
Grant GRN-1004571 Obstruction Removal - Wetland Permit for Runway 8/26 Approach Clearing - Design
Line Amount 120,239.00
Revenue Category RC615572 - State Capital Grants
Award Line Lifecycle Status Open
Spend Restriction
Line Item Description
Deferred Revenue No
Line Assistance Listing
Line Assistance Listing Description
Indirect Cost
Current Rate 0.00%
Rate Agreement 0% Rate (01/01/1900)
Basis Type Total Direct Costs
Object Class Set Standard
Cost Rate Type Oakland County
View Business Process from Notification:
Award:AWD00562: MDOT Grant Acceptance -
Obstruction Removal - Wetl 10/02/2024 for
$120,239.00
12:07 PM
10/11/2024
Page 4 of 6
Exception
Revenue Allocation Profile Non-Departmental General Fund & Finance Program
Basis Limit
Additional Information
From Date 10/02/2024
To Date 08/08/2025
Memo
Cost Center
Program
*Fund FND56500 County Airports
Additional Worktags
Subrecipient
Line Federal Award Id Number
Award Notes
Notes
The County of Oakland (“County”) is eligible for federal funding from the Federal Aviation Administration (“FAA”) for airport development projects through a block grant to the Michigan
Department of Transportation (“MDOT”), Grant Contract No. 2024-0033, Federal Project No. B-26-0152-1721 for Obstruction Marking/Lighting/Removal and Wetland Permit for Runway
8/26 Approach Clearing – Design at the Oakland/Southwest Airport in New Hudson, MI. Total project cost is $120,239 to be funded 100% federally with no local match required.
Assigned Roles
Assignable Role Role Assignee Count Assigned To
Grant Review Information
Grant Review Information Type Comment
17. Grantor Submission Due Date:11/30/2024
16. Match/Source (if applicable):N/A
15. Total Budget:$120,239
14. Grantor Funds:$120,239
View Business Process from Notification:
Award:AWD00562: MDOT Grant Acceptance -
Obstruction Removal - Wetl 10/02/2024 for
$120,239.00
12:07 PM
10/11/2024
Page 5 of 6
Grant Review Information Type Comment
13. Grant Related Position(s):None
12. New Grant Funded Position(s) Request:None
11. Is the application/award submission electronically? If yes, attach Proxy form that require the Commissioners'
signature:
No
10. Funding Continuation:No
09. IT Resources (New Computer Hardware/Software Needs or Purchases):None
08. New Facility/Office Space Needs:None
07. Contract - Indicate Contractor(s) and Service/Product(s):Engineering Design through Mead & Hunt
06. Will you issue subaward(s) – Indicate Agency(ies):No
05. Original Source of Funding:MDOT administering federal grant funds from FAA
04. Document Identification Number:Contract No. 2025-0033 Federal Project No. B-26-0152-1721
03. Department Contact Name/Number:Cheryl Bush - 248-285-8039
02. Operating Department:Economic Development - Aviation
01. Due Date for Reviewer Comments:10/17/2024
Attachments
Attachment Comment
New Hudson 2025-0033 (1721) sig boxes.pdf MDOT Grant Contract
MR-GrantAcceptance.docx
Budget
Award Budget Defaults
Default Budget Structure Award - Total Expense by Grant
Default Entry Type Project and Award
Default Balanced Amendment No
Details
Budget Template Award - Total Expense by Grant : AWD00562: MDOT Grant Acceptance - Obstruction Removal - Wetl 10/02/2024 (version 0)
Budget AWD00562: MDOT Grant Acceptance - Obstruction Removal - Wetl 10/02/2024 (version 0)
Budget Check Enabled Yes
Budget Check Options
Include Reserved Journal Lines Yes
Allow Credit Transactions to Pass Yes
Budget Check Option Warn
Evaluation Date Budget Date
View Business Process from Notification:
Award:AWD00562: MDOT Grant Acceptance -
Obstruction Removal - Wetl 10/02/2024 for
$120,239.00
12:07 PM
10/11/2024
Page 6 of 6
Cumulative Control Periods Yes
Budget Check Control Periods Control by Duration
Ledger Types for Budget Check Actuals
Commitments
Obligations
Allow Budget Check Override No
Process
Process History
Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment
Award Event Award Event Step Completed 10/08/2024 11:16:23
AM
10/10/2024 Cheryl Bush (31381)1
Award Event Award Budget Hub Not Required 10/10/2024 0
Award Event Review Award Approved 10/10/2024 07:25:40
AM
10/10/2024 Janell Umscheid (21477)
(Grant Budget Specialist)
1
Award Event Review Award Approved 10/11/2024 11:32:18
AM
10/10/2024 Tifanny Keyes-Bowie
(12452) (Sponsored
Programs Manager)
1
Award Event Approval by Grant
Review Departments (All)
Approved 10/11/2024 11:48:49
AM
10/18/2024 Hailey Matthews (28332) on
behalf of Heather Mason
(14906) (Grant Review
Departments)
1
Award Event Approval by Grant
Review Departments (All)
Awaiting Action 10/18/2024 Robert Erlenbeck (27643)
(Grant Review
Departments)
1
Award Event Approval by Grant
Review Departments (All)
Awaiting Action 10/18/2024 Shannon Lee (29084)
(Grant Review
Departments)
1
Award Event Approval by Grant
Review Departments (All)
Awaiting Action 10/18/2024 Sheryl Johnson (41706)
(Grant Review
Departments)
1
Award Event Approval by Grant
Review Departments (All)
Awaiting Action 10/18/2024 Kathryn Alexander (29532)
(Grant Review
Departments)
1
Remaining Process
Click on the button below to review remaining process details.
GRANT REVIEW SIGN-OFF – Central Services/Aviation
GRANT NAME: Obstruction Removal Wetland Permit for Runway AWD00562
FUNDING AGENCY: Federal Aviation Administration (FAA)
DEPARTMENT CONTACT: Cheryl Bush (248) 666-5680
STATUS: Acceptance (Greater than $10,000)
DATE: 10/16/2024
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) should be downloaded into Civic Clerk to be placed on
the next agenda(s) of the appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved – Shannon Lee (10/14/2024)
Human Resources:
Approved by Human Resources. No position impact. – Hailey Matthews on behalf of Heather Mason (10/11/2024)
Risk Management:
Approved. No County insurance requirements. – Robert Erlenbeck (10/14/2024)
Corporation Counsel:
Approved. I have reviewed the Contract/Grant Agreement and found no legal issues that must be resolved before the
Contract is approved and executed. – Jody Hall (10/15/2024)