BOARD OF COUNTY ROAD COMMISSIONERS OF THE COUNTY OF KALAMAZOO MEETING AGENDA MAY 1, :00 P.M.

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1 BOARD OF COUNTY ROAD COMMISSIONERS OF THE COUNTY OF KALAMAZOO MEETING AGENDA MAY 1, :00 P.M. Please take notice that a meeting of the Board of County Road Commissioners of the County of Kalamazoo is scheduled for the above stated date and time at the Office Building of the Road Commission located at 3801 East Kilgore Road, Kalamazoo, Michigan, for the purpose of considering the following items: Call to Order Approval of Agenda Approval of Minutes April 17, 2018 Board Meeting Request Approval of Payroll and Vendor Accounts Request Approval of Expense Reports Commissioner Moyle & Managing Director Johnson Citizen input on Non-agenda Items Correspondence: A. Request Receipt of the Resolution for a Speed Study of F Avenue, Richland Township New Business: A. Request Approval of the Drake Road Non-motorized Path Design Plan /Cover Sheet Signatures and Project Resolution B. Request Approval of Bid # Hot Mix Asphalt (HMA) Plant Mix & CP-6 Cold Patch C. Request Approval of Bid # Crack Fill - Various Locations D. Request Approval of Bid # HMA # 1 - Ross Township E. Request Approval of the Scrap Tire Market Development Grant Agreement F. Request Approval of the Michigan Department of Transportation (MDOT) Contract # a. West KL Avenue from 1 st Street to Almena Drive Citizen input on Non-agenda Items Managing Director s Time Commissioner s Time and Committee Reports: Stehouwer Kalamazoo County Parks and Recreation Commission Pawloski Kalamazoo County Environmental Health Advisory Council (EHAC) Worthams Kalamazoo County Metropolitan Planning Commission (Attendee) Buchholtz Kalamazoo County Board of Public Works (BPW) Moyle Kalamazoo County Board of Commissioners Adjourn Meetings of the Board of County Road Commissioners of the County of Kalamazoo are held in accordance with the Open Meetings Act (Act 67 of1976, as amended) and are also open to the public without regard to race, color, national origin, sex, or handicap. If special aid or assistance is required to attend a Board meeting, please submit a request to: Road Commission of Kalamazoo County 3801 E. Kilgore Road Kalamazoo, MI Telephone: (269) Fax: (269) info@kcrc-roads.com Website:

2 BOARD OF COUNTY ROAD COMMISSIONERS OF THE COUNTY OF KALAMAZOO Public Comment Guidelines: Only after being acknowledged by the Chair or Acting Chair, shall a member of the public in attendance initiate their presentation. Please consider adding your contact information on the sign-in sheet provided. Any member of the public wishing to present statements, comments or questions to the Board under the provisions of this policy, shall identify themselves by name, their address, if they represent an organization, and the issues being discussed in their presentation. These comments, statements or questions shall be limited to not more than three (3) minutes for each person addressing the Board. Minutes will not be allowed to be donated to others to increase time limitations. While all comments, statements and questions will be received by the Board it will be at the discretion of the Board or Board Members to respond at that time or to refer to staff for response at a later time or to the Road Commission s files. The Board appreciates receiving any written documents, photos, drawings, etc. as part of the resident(s) presentation during the opportunity for public comment.

3 Memo To: Board of County Road Commissioners of the County of Kalamazoo From: Joanna I. Johnson, Managing Director CC: RCKC TEAM Date: 04/27/2018 Re: Board Weekly Report Correspondence: A. Request Receipt of the Resolution for a Speed Study of F Avenue, Richland Township Our most recent educational session jointly with the Michigan State Police, on August 10, 2017, provided information on setting realistic speed limits. The primary rules governing the establishment of speed limits, are identified in state law known as the Michigan Vehicle Code. F Avenue from 27 to 28th Street is currently unposted 55 mph. We recommend the Board Accept the Resolution for a Speed Study for F Avenue, Richland Township and refer it to staff. New Business: A. Request Approval of the Drake Road Non-motorized Path Design Plan/Cover Sheet Signatures and Project Resolution This project is to construct a non-motorized facility on the west side of Drake Road between Green Meadow Drive and West Main Street (M-43) in Oshtemo Township (Oshtemo). Oshtemo has been actively working to construct a non-motorized facility along Drake Road between Stadium Drive and M-43 since 2014 and has obtained funding through Michigan Department of Transportation (MDOT) Transportation Alternatives Program (TAP) funding programs to assist with the construction costs. The Board approved a nonmotorized agreement for this project with Oshtemo Township on March 11, At our April 17th Board meeting we also recently approved an Umbrella Agreement with Oshtemo Township. The RCKC agreement with Oshtemo Township indicates that the Township will develop, design, acquire right-of-way, provide construction engineering to construct the path and maintain it in the future. Through this agreement Oshtemo Township is required to pay the local share of construction costs and associated construction engineering. The construction cost for this project is estimated at $696, We recommend the Board approve the Drake Road N on-motorized Path project for signatures on the design plan cover sheet and Transportation Alternatives Fund Project Resolution. B. Request Approval of Bid # Hot Mix Asphalt (HMA) Plant Mix & CP-6 Cold Patch Our recommendation to award to numerous vendors for HMA plant mix loaded in RCKC trucks is based on minimizing the haul distance to the job site. The few dollars per ton variation in price of the HMA is minimal compared to the cost to haul material from a single location. The 36A HMA is used seasonally, when available, for both our primary and local road surface patching. The 13A modified HMA is generally used for major road repairs such as a culvert replacement or road base repairs. The CP-1 HMA Mix is a 36A hot mix with cut back. A cutback asphalt is a combination of asphalt cement and petroleum solvent. Like emulsions, cutbacks are used because they reduce asphalt viscosity for lower temperature uses (tack coats, fog seals, slurry seals, stabilization material). Similar to emulsified asphalts, after a cutback asphalt is applied the petroleum solvent evaporates leaving behind asphalt cement residue on the surface to which it was applied. A 1

4 cutback asphalt is said to cure as the petroleum solvent evaporates away. Cutbacks in our patching material allows crews to patch with hot material on cool days while prolonging the workability of the material. The CP-6 (cold patch) is used during the winter season and on rainy days when HMA is not available. This is a very temporary patch material that remains pliable. We store a supply of CP-6 year round at our facility for emergency repairs. CP-6 is purchased by the ton and includes delivery to RCKC. We recommend the Board award the 2018 HMA Plant Mix & Cold Patch (CP-6) bid for 36A and 13A HMA to Lakeland Asphalt Corp., Rieth Riley Construction Co., Michigan Paving and Materials Co. and Wyoming Asphalt Company - based on haul distance from plant to the job site. We recommend the Board award the 2018 HMA Plant Mix portion of the bid for CP-1 HMA to Wyoming Asphalt Paving Inc. low bidder, meeting specifications. We recommend the Board award the 2018 CP-6, (cold patch) portion of the bid, which includes delivery to the RCKC, to Lakeland Asphalt Corp. low bidder, meeting specifications. C. Request Approval of Bid # Crack Fill - Various Locations We are recommending the Board award the 2018 Crack Fill bid to Scodeller Construction Co. Inc. RCKC has utilized Scodeller Construction to perform crack fill in 2014 and 2013, and were satisfied with the results. We reviewed our deadlines, traffic control, equipment specifications and material requirements with Scodeller Construction and confirmed our specifications and schedule can be met. We also contacted Pavement Restoration and confirmed their pricing. We recommend the Board award the Crack Fill Various Locations bid to Scodeller Construction low bidder, meeting specifications. D. Request Approval of Bid # Hot Mix Asphalt (HMA) # 1 - Ross Township The first 2018 HMA bid included only local roads in Ross Township. Ross Township- 24,975 tons of HMA 9 Rehabilitation projects, 13.3 Miles, 17,000 tons of HMA. 5 HMA wedging projects in preparation for our chip seal program. 3 Road reconstruction projects, 2.6 Miles, 7,000 tons of HMA. This bid is for first year of projects in the Ross Township s 3 year local road special assessment district (SAD) program. A pre-bid meeting was also held prior to the bid opening. RCKC s estimated cost for this HMA bid was $2,063, The low bid from Lakeland Asphalt totaled $1,598, a difference of $464, less than the estimate which is 22% under estimate. Second low bidder was Rieth-Riley Construction with a bid total of $1,775, This is $176, higher than the low bidder. The third bidder was Michigan Paving and Materials with a bid total of $1,805, Which is $206, higher than the low bid. We recommend the Board award the 2018 HMA #1- Ross Township Bid Letting to Lakeland Asphalt Corp. - low bidder meeting specifications, with the option to extend annually based on location, pricing and scope of work by mutual agreement of both parties for up to 3 years. 2

5 E. Request Approval of the Scrap Tire Market Development Grant Agreement We have been awarded a Michigan Department of Environmental Quality FY Scrap Tire Development Grant in cooperation with Michigan Technological (MTECH) University. The project will be a lot of work in coordination, as it is an experiment. The project includes the use of new rubber technology on W Avenue from Schoolcraft Village Limits to Portage Road with hot rubber chip seal and hot rubber thin overlay. Grant amount is $221,964 with total project cost of $443,928. Our share is estimated at $137,000. Estimated at 13,672 scrap tires to be recycled. We have already begun conference calls every other week to prepare for this project with the MTECH team. We recommend the Board approve the Scrap Tire Market Development Grant for the Managing Director's signature. F. Request Approval of the Michigan Department of Transportation (MDOT) Contract # a. West KL Avenue from 1 st Street to Almena Drive Approval of the contract allows the project to proceed to bid award. We recommend the Board approve the MDOT Contract # for West KL Avenue from 1 st Street to Almena Drive for the Chair's signature. 3

6 April 17, 2018 Chair Int l Clerk Int l The regular meeting of the Board of County Road Commissioners of the County of Kalamazoo was held at the Road Commission of Kalamazoo County (RCKC) office at 3801 East Kilgore Road, Kalamazoo, Michigan, on Tuesday, April 17, Commissioner Moyle called the meeting to order at 3:00 p.m. Present: Daniel J. Moyle, Deborah J. Buchholtz, David Q. Worthams, David C. Pawloski, Larry Stehouwer Also attending: Managing Director Joanna Johnson, Finance Director Ann Simmons, Operations Director Travis Bartholomew, Project Superintendent Mark Worden, County Engineer Ryan Minkus and Road Maintenance Superintendent Will Engel. Commissioner Worthams moved and it was seconded to approve the agenda as presented. Carried by the following vote: Aye: Moyle, Buchholtz, Worthams, Pawloski, Stehouwer Commissioner Pawloski moved and it was seconded to approve the minutes from the April 3, 2018 regular Board meeting as presented. Carried by the following vote: Aye: Moyle, Buchholtz, Worthams, Pawloski, Stehouwer Commissioner Worthams moved and it was seconded to approve the payroll and vendor accounts as presented. Payroll Account $ 104, Vendor Account $ 781, Carried by the following vote: Aye: Moyle, Buchholtz, Worthams, Pawloski, Stehouwer Commissioner Buchholtz moved and it was seconded to approve Commissioners Pawloski and Stehouwer s expense reports as presented. Carried by the following vote: Aye: Moyle, Buchholtz, Worthams, Pawloski, Stehouwer County Commissioner John Gisler congratulated Managing Director Johnson who recently was elected President of the County Road Association (CRA) of Michigan. He stated it speaks very well for the role that she plays in the organization which is also a carry on for what she does at the RCKC. Mr. William Thomas of 220 Chicago Avenue thanked the Board for paving roads in the Township and shared concerns regarding several manhole covers below the asphalt causing bumps after the construction on Sunnyside Drive and E. Michigan Avenue. Commissioner Moyle explained the structures will need to be adjusted. Project Superintendent Worden stated from Mr. Thomas described it could be the covers are down from outside the castings and he would check them out. Managing Director Johnson also mentioned a service request would be submitted regarding the covers. Mr. Thomas also shared sight obstruction concerns from vegetation and speed concerns near E. Michigan Avenue and S. Sprinkle Road. Operations Director Bartholomew explained the vegetation is on private property. Managing Director Johnson explained the intersection is signalized and how we need drivers to abide by traffic regulations. She also mentioned that speeding is an enforcement issue for public safety to address. Commissioner Worthams moved and it was seconded to approve the 2018 budget resolution amended for $300,000 under PA 82 to be allocated towards the local road program without match and other provisions to be forthcoming by staff.

7 April 17, 2018 Chair Int l Clerk Int l RESOLUTION Be it resolved, that in compliance with the Michigan Uniform Budgeting and Accounting Act, the Board of County Road Commissioners of the County of Kalamazoo hereby approves and adopts the following amended budget for the calendar year 2018:

8 April 17, 2018 Chair Int l Clerk Int l Managing Director Johnson shared when we look at our budget there are moving parts throughout the year primarily due to projects coming in over or under budget. She shared a couple key areas causing the change included revenues and expenditures. She explained staff added $325,000 to contract sign maintenance in the local and primary maintenance budget. She stated we have 22,000 signs across the county. She explained some are regulatory signs that need to meet certain specifications when it comes to retro-reflectivity. Also, we are proposing an additional $100,000 in gravel road maintenance to assist in improving the overall gravel road network. Furthermore, our 2017 audited year end fund balance was larger than budgeted. She shared in revenue Public Act (PA) 82 of 2018 was provided and our legislature appropriated $175 million for roads throughout the state to be utilized for preservation and construction on county roads. She explained of the $175 million the RCKC will receive approximately $1.5 million that we allocated to be used in She stated part of this budget amendment includes additional projects in Also, our initial proposal was too allocate an additional $300,000 to the RCKC Local Road Participation Fund Program (PAR) matched. Furthermore, it has come to staffs attention that if we utilized PA 82 funds for the $300,000 that it would not require match on local roads for preservation and construction type projects. Commissioner Buchholtz mentioned that she assumed the state would prefer we utilize the dollars in 2018 and not carry over into the next year. Managing Director Johnsons answered yes and stated it would all have to be outlined within the provisions of PA 82. Furthermore, it could be utilized for projects that are currently under contract or potentially for new projects. She explained we would need to set a timeline for final commitment from the Townships in order to track the projects. Commissioner Buchholtz questioned how we will monitor how the funds will be spent. Managing Director Johnson shared it would require contracts from the Townships. Commissioner Worthams shared in PA 82 the one time appropriation is to be spent in accordance with MCL which is Section 13 of the Act. He stated subsection 9 of that section requires the match and inquired how we are getting around this. Managing Director Johnson shared CRA inquired to the Michigan Department of Transportation (MDOT) if match funds were required in regards to PA 82. Furthermore, if the Board approves this we will need to send a communication to the Townships. She explained this is new and will be received positively. Commissioner Buchholtz shared every Township is trying to spend more on roads. She stated this makes sense and is comfortable in moving forward. Commissioner Moyle shared there certainly is a need and stated this is very positive. Commissioner Buchholtz inquired about the fund balance being higher this year compared to last year. Finance Director Simmons stated the two major items were preservation projects with MDOT and winter maintenance. Commissioner Pawloski stated he was also comfortable in moving forward. Carried by the following vote: Aye: Moyle, Buchholtz, Worthams, Pawloski, Stehouwer Commissioner Stehouwer moved and it was seconded to approve the revised Primary Road Capital Improvement Plan (CIP). Managing Director Johnson shared we added, adjusted and removed a few chip seal projects. Commissioner Pawloski inquired if the CIP included the experiment project on W Avenue. Managing Director Johnson stated yes and explained we applied for the Michigan Department of Environmental Quality Scrap Tire Grant that would be utilizing over 13,000 scrap tires for an experimental project on W Avenue from Schoolcraft Village Limits to Portage Road. Carried by the following vote: Aye: Moyle, Buchholtz, Worthams, Pawloski, Stehouwer Commissioner Buchholtz moved and it was seconded to approve the Non-motorized Facilities Umbrella Agreements with Kalamazoo Township for the Chair s signature. Managing Director Johnson commended Project Engineer Rebekkah Ausbury who suggested having one umbrella agreement that would cover a complete Township. Furthermore, we worked with our attorney and found this to be a more efficient and effective process. She mentioned in 2017, the RCKC held an educational session on Non-motorized 101 where the option of umbrella agreements was also presented in an effort to more efficiently process these types of requests for all parties. Commissioner Buchholtz questioned if these would generally be without an end date. Managing Director Johnson stated yes by request to accommodate the Township. County Engineer Minkus shared it will save time on the approval process. Carried by the following vote:

9 April 17, 2018 Chair Int l Clerk Int l Aye: Moyle, Buchholtz, Worthams, Pawloski, Stehouwer Commissioner Worthams moved and it was seconded to approve the Non-motorized Facilities Umbrella Agreements with Oshtemo Township for the Managing Director s signature. Managing Director Johnson shared these agreements include a January 1, 2022 provision for potential ending. Aye: Moyle, Buchholtz, Worthams, Pawloski, Stehouwer Commissioner Stehouwer moved and it was seconded to approve the Storm Water Drainage and Public Road Easements with Consumers Energy for the Managing Director s signature. Carried by the following vote: Aye: Moyle, Buchholtz, Worthams, Pawloski, Stehouwer Commissioner Worthams moved and it was seconded to approve the 2017 Public Act 51 Financial Report for the Finance Director and Chair s Signature. Managing Director Johnson shared this is part of our Annual Report due to the State of Michigan by May 2 nd. Furthermore, it is one of the most important documents that we have here at the RCKC that helps support everything that we do with our Michigan Transportation Revenue through Public Act 51 formula provisions. She shared the report is posted to our website and there is also a dashboard on the Transportation Asset Management Council (TAMC) where these all can be viewed and compared across the state. Commissioner Buchholtz inquired about long term debt and inquired if it was known how many road commissions have long term debt compared to those who do not. Managing Director Johnson shared the CRA is working on having comparable information available. Carried by the following vote: Aye: Moyle, Buchholtz, Worthams, Pawloski, Stehouwer Commissioner Buchholtz moved and it was seconded to approve the City of Portage Local Municipality Road Contract for the Chair s signature. Managing Director Johnson shared this is a joint collaborative effort with the City of Portage as a preventive maintenance project. Furthermore, this type of preventive maintenance treatment is new to the City and we are hopeful it will be as positive of a project as we had with City of Kalamazoo. Carried by the following vote: Aye: Moyle, Buchholtz, Worthams, Pawloski, Stehouwer Commissioner Pawloski moved and it was seconded to approve the purchase of a John Deere 5075M Utility tractor with a Sweepster MRH model rotary power broom attachment from Distributing Corp of America through AIS Construction Equipment Corporation, low quote meeting specifications, through the MiDeal purchasing program. Managing Director Johnson shared the purchase of a Tractor/Broom is outlined in our Capital Outlay budget. Commissioner Stehouwer inquired about the typical uses of a Tractor/Broom. Operations Director Bartholomew shared typical uses are approach sweeping, chip seal/fog seal operations and high shoulder removal. Carried by the following vote: Aye: Moyle, Buchholtz, Worthams, Pawloski, Stehouwer Managing Director Johnson shared the Kalamazoo Area Transportation Study (KATS) meeting is tomorrow at Metro Transit. Following the KATS meeting is the Township Supervisors meeting. She stated it will be Randy Smith s last meeting as Brady Township Supervisor. She wished Supervisor Smith all the best. Furthermore, she will initially share at the meeting the impactful motion the Board took regarding PA 82 and the $300,000. She mentioned the Scrap Tire Michigan Department of Environmental Quality Grant and stated how Project Superintendent Worden is prepared to share what the material looks like when it comes before the Board. She thanked Commissioner s Buchholtz and Pawloski for attending the Comstock Joint meeting last evening and mentioned it was a positive meeting. She stated the next Joint meeting is on May 14 th in Pavilion Township at 7:00 p.m. She mentioned how she appreciated Southwest Michigan First giving her the opportunity to provide a quote that was published in the 269 Magazine under What regional collaborations should happen to propel the future of our region forward? She also mentioned how she appreciated Road Maintenance Superintendent Engel who

10 April 17, 2018 Chair Int l Clerk Int l was on call last weekend and received 40 calls in regards to trees due to weather. Commissioner Moyle inquired about the cost of tree maintenance. Project Superintendent Worden shared in 2017 the RCKC spent $1.2 million in routine maintenance that included trees, mowing and brush control which was slightly below winter maintenance costs of $1.3 million. Commissioner Stehouwer attended the Commissioners Conference where they discussed working on policies and stated the conference was well attended. He attended the Parks Commission meeting on April 12 th where they approved uses of County Parks. Furthermore, they were asked to submit signatures that they will operate under the guidelines of the county for Boards and Commissions. He mentioned last year he had an inquiry from a contractor regarding winter construction. He mentioned RCKC staff surveyed other road commissions and cities to obtain information regarding winter construction. After discussion and review with staff they are not recommending any changes to our current policy. Furthermore, we want to promote safety during winter season and work with contractors to become acclimated with the policy and schedule their work appropriately to avoid winter pavement cuts. Commissioner Pawloski attended the Environmental Advisory Committee (EHAC) meeting that focused on the flooding that occurred. Also, the Health Department gave a report on the flooding. He thanked everyone who helped with flood recovery. He mentioned how excited he is to see the Apprenticeship Program move forward and appreciates everyone s efforts. He questioned if Schoolcraft Township was notified about the grant in regards to W Avenue. Managing Director Johnson shared she had mentioned it to Schoolcraft Township Supervisor Don Ulsh previously and was planning on contacting him with further information. He inquired about the hinged signs for seasonal weight restrictions. Managing Director Johnson shared she will have a hinged sign at the next Board meeting. Furthermore, we are in the process of removing our standard weight restriction signs and are evaluating whether or not it would be more prudent to work on a bid and have the work contracted out to manufacture the signs and place them. Commissioner Worthams mentioned the Kalamazoo County Metropolitan Planning Commission continues drafting the County Master Plan. He congratulated Managing Director Johnson for her quote in the 269 Magazine. He mentioned he was not available to attend the May 1 st Board meeting. Commissioner Buchholtz stated the Portage City collaboration project is very exciting and questioned what the City is currently doing in regards to road maintenance. Managing Director Johnson shared they are crack filling, doing HMA work and thin overlays. She stated chip seal is the most economical way to preserve our road system. Commissioner Buchholtz inquired if the City of Kalamazoo is looking to collaborate on other projects. Project Superintendent Worden shared they will be doing every road in their water treatment plant and the Board will potentially see a contract on May 1st. He also shared they are encouraged from what they have seen and want to continue moving forward. The meeting was adjourned at 4:08 p.m. Attest: Timothy A. Snow, County Clerk By:, Chair, Deputy Clerk

11 Summary Report of Cash Receipts and Disbursements For the May 1, 2018 Board Meeting Current Activity Available funds from previous report $ 10,093, Receipts and interest for the current period $ 27, Payroll disbursements to be approved today $ (108,978.14) Payables disbursements to be approved today $ (350,203.53) Available funds as of May 1, 2018 $ 9,661, Summary Disbursements From To Payroll - pay period ending April 25, 2018 Checks $ 47, Direct Deposit $ 61, Payroll - Longevity Checks $ - Direct Deposit $ - Total Payroll to be approved today $ 108, Payables Vendor checks $ 347, Void check $ (30.00) Health Reimbursement Checks $ 2, Total Payables to be approved today $ 350, Available Funds Cash Balance $ 8,037, Interest Bearing Deposits $ 1,624, Total Funds Available $ 9,661, Ann Simmons Finance Director Joanna I. Johnson Managing Director Daniel J. Moyle Board Chair

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15 Memo To: Board of Road Commissioners of the County of Kalamazoo, Joanna I. Johnson, Managing Director From: Debbie Jung, P.E., Project Engineer Date: April 11, 2018 Re: Drake Road Non-Motorized Design Path Plan/Cover Sheet Signatures and Project Resolution Recommended Road Commission of Kalamazoo County (RCKC) Action: We request the Board approve the Drake Road N on-motorized Path project for signatures on the design plan cover sheet and Transportation Alternatives Program (TAP) Project Resolution. BACKGROUND This project is to construct a non-motorized facility on the west side of Drake Road between Green Meadow Drive and West Main Street (M-43) in Oshtemo Township (Oshtemo). Oshtemo has been actively working to construct a non-motorized facility along Drake Road between Stadium Drive and M-43 since 2014 and has obtained funding through Michigan Department of Transportation (MDOT) funding programs to assist with the construction costs. This project will be the first portion of the facility to be built and will utilize TAP funding. The project consists of a 10 wide hot mix asphalt (HMA) path from the Green Meadow Drive intersection to the Driftwood/Arboretum intersection where it will provide a connection to an established HMA path on Arboretum. North of the Driftwood/ Arboretum intersection, the project will consist of a 6 wide concrete sidewalk to the M-43 intersection. The width of the facility in this area was reduced due to estimated construction and property costs and the impact it would have on the adjacent commercial properties. Future projects will extend the 10 wide HMA path to Stadium Drive from Green Meadow for which TAP and Safety Grant funding has been awarded. The Board approved a non-motorized agreement for this project with Oshtemo Township on March 11, The RCKC agreement with Oshtemo Township indicates that the Township will develop, design, acquire right-of-way, and provide construction engineering to construct the path and maintain the path in the future. Through this agreement Oshtemo Township is required to pay the local share of construction costs, associated construction engineering, and RCKC costs related to the project. Oshtemo Township has contracted with Viridis Design Group for the design and construction engineering and Land Matters LLC for property acquisition for the entire non-motorized path along Drake from Stadium to M-43. All easements have been obtained and final plans are ready to submit to MDOT for a July 2018 MDOT bid letting. Construction of the facility is anticipated for completion by November 15 th, The construction cost for this projects is estimated at $696, The Project Resolution is a requirement from MDOT before funds can be obligated for the project. An informational meeting is to be held for the project in the summer of 2018.

16 ALTERNATIVES An alternative would be to reject the revised design and signatures on the design plan cover sheet and resolution. This alternative is not recommended as the RCKC already has an agreement with the Township to support this project, and doing so would prevent the project from proceeding to bid. BUDGETARY IMPACT The project is programmed as a TAP project where construction costs are eligible for approximately 60 percent Federal funding up to the capped amount of $417, Any construction cost over the cap will be paid by Oshtemo Township. Construction engineering will also be paid by Oshtemo Township. Per the previously approved agreement, RCKC costs related to the project are also the responsibility of the Township and have been billed on an annual basis SUMMARY We recommend the Board approve the Drake Road N on-motorized Path project for signatures on the design plan cover sheet and Transportation Alternatives Fund Project Resolution.

17 ROAD COMMISSION OF KALAMAZOO COUNTY IN COOPERATION WITH MICHIGAN DEPARTMENT OF TRANSPORTATION/FEDERAL HIGHWAY ADMINISTRATION SOUTH DRAKE ROAD NON-MOTORIZED PATH G R E E N M E A D O W R D TO W E S T M A I N S T ( M ) CHARTER TOWNSHIP OF OSHTEMO, KALAMAZOO COUNTY CONTROL SECTION: TA JOB NO: (A) CHARTER TOWNSHIP OF OSHTEMO 7275 WEST MAIN STREET KALAMAZOO, MICHIGAN ROAD COMMISSION OF KALAMAZOO COUNTY 3801 E. KILGORE ROAD KALAMAZOO, MICHIGAN CHARTER TOWNSHIP OF OSHTEMO APPROVAL BY: LIBBY HEINY-COGSWELL DATE Design Group VIRIDIS Design Group 313 North Burdick Street Kalamazoo, Michigan viridis@virdg.com DESIGN ENGINEER BY: TIMOTHY A. BRITAIN, PLA DATE Engineering, LLC RS ENGINEERING, LLC 915 Centennial Way, Ste 380 Lansing, MI voice WEST MAIN ST S. DRAKE RD (M-43) PROJECT LIMTS GREEN ACRES DR POE STONEBROOK AVE COUNTY ROAD COMMISSION APPROVAL BY: DANIEL J. MOYLE CHAIR DATE BY: DEBORAH J. BUCHHOLTZ VICE CHAIR DATE BY: DAVID Q. WORTHAMS MEMBER DATE SKYRIDGE AVE BY: DAVID C. PAWLOSKI MEMBER DATE US 131 DRIFTWOOD AVE HEMMINGWAY DR ARBORETUM DR BY: LARRY STEHOUVER MEMBER DATE GREEN MEADOW RD POB 0+00 BY: JOANNA I. JOHNSON MANAGING DIRECTOR DATE PROJECT ENGINEER BECKLEY DR BY: RYAN MINKUS PROJECT ENGINEER DATE OSHTEMO TOWNSHIP KL AVE Road Commission of Kalamazoo County ROAD COMMISSION OF KALAMAZOO COUNTY 3801 E. KILGORE ROAD KALAMAZOO, MICHIGAN SCALE: 1" = 100' ISSUED FOR: BIDDING

18 TRANSPORTATION ALTERNATIVES FUND PROJECT RESOLUTION DRAKE ROAD TRAIL FROM GREEN MEADOW TO WEST MAIN APRIL 17, 2018 WHEREAS, Oshtemo Township has identified a non-motorized path project on and adjacent to Drake Road from Green Meadow Road to West Main Street in Oshtemo Township to construct a non-motorized path, and this improvement will address a critical missing link in the path network, connecting important residential and commercial areas along Drake Road and the Western Michigan University Campus in Oshtemo Township, and City of Kalamazoo; and WHEREAS, Oshtemo Township has entered into Agreement with the Road Commission of Kalamazoo County dated March 11, 2015, where Oshtemo Township requests by permit to construct, own, and operate a non-motorized path on and adjacent to Drake Road from Green Meadow Road to West Main Street; and WHEREAS, the Michigan Department of Transportation, Office of Economic Development and Enhancement has approved application for Transportation Alternatives Grant for fiscal year 2018, and, this funding is to provide for non-motorized path on and adjacent to the county road system; and WHEREAS, bid documents for construction have been prepared for the identified nonmotorized path project; and WHEREAS, the Road Commission of Kalamazoo County, is prepared to have the project developed for construction letting by spring of 2018; NOW, THEREFORE, BE IT RESOLVED that the Board of County Road Commissioners of the County of Kalamazoo by Agreement with Oshtemo Township, has developed a Transportation Alternatives project bid document to construct a non-motorized path project on and adjacent to Drake Road from Green Meadow Road to West Main Street; and BE IT FURTHER RESOLVED that the Board of County Road Commissioners of the County of Kalamazoo does request affirmative consideration of our bid document for obligation and advertisement, and agrees to provide the necessary local match funds required for the Transportation Alternatives Fund, and Oshtemo Township agrees to continue maintenance of the facility by Agreement with the Road Commission. BOARD OF COUNTY ROAD COMMISSIONERS OF THE COUNTY OF KALAMAZOO, MICHIGAN By: Daniel J. Moyle, Chair Dated: April 17, 2018

19 Memo To: Board of County Road Commissioners of the County of Kalamazoo, Joanna I. Johnson, Managing Director Cc: From: Travis Bartholomew, Operations Director Bill DeYoung, General Superintendent Date: April 27, 2018 Re: 2018 Hot Mix Asphalt (HMA) Plant Mix & Cold Patch-6 (CP-6) Bid Award Recommended Road Commission of Kalamazoo County (RCKC) Action We recommend the Board award the 2018 HMA Plant Mix & Cold Patch (CP-6) bid for 36A and 13A HMA to Lakeland Asphalt Corp., Rieth Riley Construction Co., Michigan Paving and Materials Co. and Wyoming Asphalt Company - based on haul distance from plant to the job site. We recommend the Board award the 2018 HMA Plant Mix portion of the bid for CP-1 HMA to Wyoming Asphalt Paving Inc. low bidder, meeting specifications. We recommend the Board award the 2018 CP-6, (cold patch) portion of the bid, which includes delivery to the RCKC, to Lakeland Asphalt Corp. low bidder, meeting specifications. Background Our recommendation to award to numerous vendors for HMA plant mix loaded in RCKC trucks is based on minimizing the haul distance to the job site. The few dollars per ton variation in price of the HMA is minimal compared to the cost to haul material from a single location. The 36A HMA is used seasonally, when available, for both our primary and local road surface patching. The 13A modified HMA is generally used for major road repairs such as a culvert replacement or road base repairs. The CP-1 HMA Mix is a 36A hot mix with cut back. A cutback asphalt is a combination of asphalt cement and petroleum solvent. Like emulsions, cutbacks are used because they reduce asphalt viscosity for lower temperature uses (tack coats, fog seals, slurry seals, stabilization material). Similar to emulsified asphalts, after a cutback asphalt is applied the petroleum solvent evaporates leaving behind asphalt cement residue on the surface to which it was applied. A cutback asphalt is said to cure as the petroleum solvent evaporates away. Cutbacks in our patching material allows crews to patch with hot material on cool days while prolonging the workability of the material. The CP-6 (cold patch) is used during the winter season and on rainy days when HMA is not available. This is a very temporary patch material that remains pliable. We store a supply of CP-6 year round at our facility for emergency repairs. CP-6 is purchased by the ton and includes delivery to RCKC. Lakeland Asphalt Corp. is low $96.00/ton. This material would be delivered to RCKC on an as needed basis in 50 ton increments. Lakeland Asphalt Corp. was awarded our 2017 CP-6 bid at $96.00/ton. RCKC also utilizes spray injection patching units (Durapatchers). This type of equipment is capable of storing, mixing and applying patch material all within one unit on the job site. The Durapatcher functions include applying compressed air into the hole to remove loose access material, spraying a thin layer of asphalt emulsion covering the entire surface area of the hole, and then mixing aggregate with the emulsion to fill the remaining surface void. All of

20 these functions are contained within a wand (mechanical arm) mounted to the front of the vehicle and operated by the driver of the truck. The self-contained unit requires only one operator and minimum traffic control as the operator remains in the cab during operation. The unit also includes an arrow board to assist directing traffic. We have also rented a trailer type unit in to assist with early spring repairs and project preparation. The trailer type unit requires at a minimum 2 operators and occasionally additional staff for traffic control. The cost to rent the trailer type unit is approximately $5,000/month. The Durapatcher unit is limited with ambient temperatures under 50 degrees fahrenheit. During winter conditions CP-6 remains the most effective repair for potholes. Attached is the bid tabulation with our recommendation for the 2018 HMA Plant Mix & CP-6 Bid. The term of this bid expires May 5 th Alternatives Utilizing one vendor to supply our HMA plant mix needs is a possibility for simplicity, but the added cost of our trucks hauling from a single location outweighs the minimal difference in HMA cost from a closer location to the job site. In 2017, we awarded the HMA plant mix portion of the bid to the same four vendors based on haul distance with very similar cost/ton. Reith-Riley Construction Co. Inc. is the second low bidder for the CP-6 material at $140.00/ton. Budget The expenditure for HMA plant mix and CP-6 is drawn from the primary and local road routine maintenance sections of the budget. A majority of the material usage is included under the patching activity. The HMA and CP-6 quantities vary based on necessity throughout the county. Year HMA Plant Mix CP $45.46 $ $47.45 $ $53.97 $ $50.56 $ $51.03 $ $53.08 $ $49.44 $ $50.67 $ $48.65 $79.50 The average price per ton for HMA Plant mix in 2018 is $50.33 and CP-6 is $96.00 per ton. RCKC quantities purchased from March 1, 2017 to March 1, 2018 are: 36A HMA tons = $29, A HMA tons = $3, CP tons = $9, CP tons = $ Summary We recommend the Board award the 2018 HMA Plant Mix & Cold Patch (CP-6) bid for 36A and 13A HMA to Lakeland Asphalt Corp., Rieth Riley Construction Co., Michigan Paving and Materials Co. and Wyoming Asphalt Company - based on haul distance from plant to the job site.

21 We recommend the Board award the 2018 HMA Plant Mix portion of the bid for CP-1 HMA to Wyoming Asphalt Paving Inc. low bidder, meeting specifications. We recommend the Board award the 2018 CP-6, (cold patch) portion of the bid, which includes delivery to the Road Commission of Kalamazoo County (RCKC), to Lakeland Asphalt Corp. low bidder, meeting specifications.

22 BID TABULATION Bid #: Bid Item: HMA Plant Mix & CP- 6 Cold Patch Bid Opening Date: Thursday, April 19, 2018 Bid Award Date: May 1, 2018 Contract Term: Price to remain firm through May 5, 2019 Bidder Price Per Ton Loaded at Plant Location 13A Modified HMA Mix Price Per Ton Loaded at Plant Location 36A Modified HMA Mix Price Per Ton Loaded at Plant Location CP-1 HMA Mix Price Per Ton Delivered to RCKC MDOT CP-6, Cold Patch Lakeland Asphalt Corp. $48.00 $48.00 No Bid $96.00 Michigan Paving & Materials Company $52.00 $54.00 No Bid No Bid Rieth-Riley Construciton Co., Inc. $52.00 $52.00 $ $ Wyoming Asphalt Paving Co. $48.00 $48.00 $50.00 No Bid Plant Location 548 Avenue A, Battle Creek, MI 2000 Glendenning, Kalamazoo, MI 911 Hatfield Ave., Kalamazoo, MI 470 N. 12th St., Plainwell, MI Extend Pricing to Other Local Governments Yes Yes Yes No Estimated Quantities 300 tons 700 tons 300 tons 400 tons S:\Finance\Purchasing\Bids 2018\Bid Tabs\ Plant Mix & CP 6 Bid Tab

23 Memo To: Board of Road Commissioners of the County of Kalamazoo, Joanna I. Johnson, Managing Director Cc: Travis Bartholomew, Operations Director From: Mark Worden, Project Superintendent Date: May 1, 2018 Re: 2018 Crack Fill Bid Award Recommended Road Commission of Kalamazoo County (RCKC) Action We recommend the Board award the 2018 Crack Fill Bid to Scodeller Construction Co. Inc. - low bidder, meeting specifications. Background A crack fill treatment is a hot joint sealant composed of polymer modified asphalt cement and polyester fibers. The over band crack fill maintenance treatment is a very cost effective means of maintaining the surface condition of our roads. The crack fill material is capable of filling and bridging the large open transverse and longitudinal cracks that the chip seal emulsion is unable to seal. The life expectancy of a crack fill, if applied in conjunction with a chip seal treatment, is generally 6-14 years. We are very satisfied with the performance of the crack fill/chip seal treatment combination. Together they offer a very effective means of sealing the road surface, eliminating the infiltration of water, which in turn protects the road base from saturation and ultimately extends the life of the road. We received 3 bids from our 2018 Crack Fill bid. Total bid prices ranged from: $83, Scodeller Construction Co. Inc. $87, Pavement Restoration $195, Wolverine Seal Coating, LLC In 2012, we updated our crack fill specification, requiring work to be bid by the project rather than a price per pound applied. The bid adjustment eliminated the possibility of an overrun on projects and based on actual quantities applied, which reduced the overall cost of our crack fill projects. Since crack fill treatments are paid by the project, our inspectors monitor quality to ensure cracks are filled adequately verses limiting usage with material applied by the pound. We continue to include a per pound price for projects that come in after the advertised bid and allows other public agencies to utilize our bid to extend pricing for their projects. This year the price per pound from the low bidder is $1.33 which is less than the 2017 price of $1.339 per lbs. In 2017, Van Buren County Road Commission and the City of Kalamazoo both used our per pound price to complete crack fill projects. Our over band crack fill material bid specification is consistent with the 2012 Michigan Department of Transportation (MDOT) Standard Specifications for Construction. The RCKC s total estimated crack fill material usage for both primary and local road projects is 113,769 lbs. Scodeller Construction s estimate is 76,300 lbs. and Pavement Restoration s (second low bid) estimate is 79,202 lbs.. Scodeller is 37,469 lbs. less than the RCKC estimate. The third bidder Wolverine Sealcoating estimated 165,580 lbs. which is higher than the RCKC estimate. We track vendor material estimates to ensure bidders are visiting the project sites and reasonably estimating work. We also use vendor estimates to compare our estimated project material quantities and verify/improve RCKC s estimating on future projects. We are recommending the Board award the 2018 Crack Fill bid to Scodeller Construction Co. Inc. RCKC has utilized Scodeller Construction to perform crack fill in 2014 and 2013, and were satisfied with the results. We reviewed our

24 deadlines, traffic control, equipment specifications and material requirements with Scodeller Construction and confirmed our specifications and schedule can be met. We also contacted Pavement Restoration and confirmed their pricing. We plan to start our chip seal program on May 15th, with 24 local road projects requiring a crack fill treatment prior to chip seal. Scodeller Construction is aware of the urgency and has assured RCKC multiple crews are available to complete the work timely. Alternatives Award the 2018 crack fill bid to Pavement Restoration second low bidder meeting specifications, who has done an excellent job for RCKC for several years. Their total bid is $87, which is $3, more than the low bidder. Second alternative is to re-bid the crack fill bid, however this would cause issues in our preventive maintenance project schedules. Budget The expenditure for the crack fill maintenance treatment comes from two sources, primary and local road crack fill projects. The primary road crack fill program is funded 100% by the RCKC. The amount allocated in our 2018 Budget for Primary Crack Fill is $150,000. This figure is included in the Primary Road routine maintenance portion of the budget. Scodeller Construction s bid price to complete the primary road crack fill project included in this bid is $7,700. There will likely be additional primary road crack fill projects at the end of the 2018 construction season in preparation for 2019 chip seal projects. The local road crack fill project expenditures incorporate finances from our local road participation fund allocation, township contributions, special assessments, mileages and possibly private contributions. Scodeller Construction s bid price to complete the local road crack fill projects included in this bid is $75,673. Scodeller Constructions total bid price for both primary and local road crack fill projects is $83,373. Scodeller Construction would be required to complete the projects outlined within the bid specification with no price adjustment for material overrun. Any additional work would be completed and billed by Scodeller Construction at $1.33/ lbs. applied. If there is a large number of additional crack fill projects this season, we will consider having a second crack fill bid in Summary We recommend the Board award the Crack Fill Various Locations bid to Scodeller Construction low bidder, meeting specifications.

25 BID TABULATION Bid Number: Bid Item: Crack Fill Bid Opening Date: Monday, April 19, 2018, 10:00 am Bid Award Date: 05/01/2018 Contract Term: Project Contractor: RCIC- Pavement Restoration Quantity (pounds) Price Scodeller Construction Co. Inc. Quantity (pounds) Price Wolverine Sealcoating LLC Quantity (pounds) Price Subtotal - Primary Road Projects: 3,120 $3, ,700 $2, ,500 $5, Subtotal - Local Road Projects: 76,082 $83, ,600 $75, ,080 $185, Total - Primary and Local Road Projects: 79,202 $87, ,300 $83, ,580 $195, Per Pound Bid for Additional Work: $1.339 $1.330 $ Crack Fill Project Detail Township Plat or Road names Descriptions Miles PRIMARY ROADS City of Portage Sprinkle Road Centre Avenue to Milham Road 2.06 August 1, ,120 $3, ,700 $7, ,500 $10, Required Completion Date Quantity (pounds) Price Quantity (pounds) Price Quantity (pounds) Subtotal - Primary Road Projects: 3,120 $3, ,700 $7, ,500 $10, Price LOCAL ROADS Brady 26th Street TU Avenue to T Avenue 0.48 June 1, ,800 $1, ,500 $1, ,400 $5, Brady 33rd Street X Avenue to W Avenue 1.00 June 1, ,480 $3, ,200 $2, ,600 $7, Brady 34th street UV Avenue to U Avenue 0.50 June 1, ,560 $1, ,500 $1, ,000 $4, Climax 43rd Street Q Avenue to P Avenue 1.00 June 1, $ ,100 $2, ,200 $8, Climax Jamieson Street/ Watson Street 36th Street to Woodin Street/QR Avenue to Norscot Street 0.30 June 1, $ ,100 $1, ,600 $3, Climax OP Avenue 44th Street to 47th Street 1.24 June 1, ,198 $3, ,300 $3, ,000 $9, Comstock Chestnut Hills Chestnut Trail-HJ Avenue to Wild Coyote Trail,Wild Coyote Trail- Chestnut Trail to 1482' North of Chestnut Trail (Chestnut Hills) 0.40 June 1, ,296 $1, ,200 $1, ,200 $3, Cooper 17th Street D Avenue to C Avenue 1.01 June 1, ,710 $1, ,200 $2, ,400 $7, Cooper Old Douglas Avenue G Avenue to F Avenue 1.13 June 1, ,400 $2, ,000 $3, ,800 $8, Cooper/ Kalamazoo G Avenue 14th Street to Douglas Avenue 1.61 June 1, ,800 $1, ,700 $4, ,000 $8, Kalamazoo G Avenue Douglas Avenue to Pitcher Street 0.67 June 1, ,890 $2, ,400 $1, ,000 $7, Oshtemo Forest Glen Estates Highland View Drive-3rd Street To 4696'East of 3rd Street,Kullenbrooke Drive-Highland View Drive To 436 East of Highland View Drive, (Forest Glen Estates) 0.92 June 1, ,600 $3, ,100 $2, ,900 $5, Oshtemo J Avenue Vankal Street to 2nd Street 1.05 June 1, ,690 $4, ,100 $2, ,200 $8, Oshtemo Oshtemo Oshtemo Oshtemo Lasalle Homesite Oak Park Rose Arbor Tuscany Plat Saint Charles Place- 573' West of Belle Chase Boulevard to 8th Street,Baton Rouge Street-Belle Chase Boulevard To 8th Street, Belle Chase Boulevard-206 South Saint Charles Street To Baton Rouge Street, Bayou Vista Street-Saint Charles Street To Baton Rouge Street,Cajun Drive-175' West of Belle Chase Boulevard To Belle Chase Boulevard (Lasalle Homesites) Saint James Avenue-6th Street To LA Jessica Circle, LA Jessica Circle-Saint.James Avenue To 1588' East of Saint.James Avenue,LA Lisa Lane-233 South of LA Jessica Circle To LA Jessica Circle, LA Lisa Lane- LA Jessica Circle To 865' North of LA Jessica Circle (Oak Park) Antiqua Circle- 11th Street To 368' East of Tropicana Street,Tropicana Street- Brandy Avenue To Antiqua Circle,Brandy Avenue-Tropicana Street To Fountain Square Drive,Fountain Square Drive-183 South of Brandy Avenue To Sweet Briar Drive, Caribia Avenue-Fountain Square Drive To 203' East of Fountain Square Drive ( Rose Arbor) ( Tuscany Plat ) Toscana Street - Mirabella Avenue to L Avenue, Mirabella Avenue - Toscana Street to 252' east of Toscana Street, Calabria Avenue - 261' west of Toscana Street to Toscana Street 0.84 June 1, ,200 $4, ,000 $2, ,000 $9, June 1, ,290 $1, ,700 $2, ,200 $7, June 1, ,846 $4, ,500 $2, ,600 $7, June 1, ,800 $1, ,100 $2, ,900 $5, Oshtemo Valley Industrial Drive 9th Street to 610' East of 9th Street 0.12 June 1, ,700 $1, $1, ,680 $1, Pavilion T Avenue 32nd Street to 34th Street 1.01 June 1, ,760 $3, ,100 $2, ,700 $7, Richland 35th Street G Avenue to DE Avenue 2.53 June 1, ,536 $8, ,000 $7, ,200 $12, Richland D Avenue 34th Street to East Township Line 0.95 June 1, ,700 $2, ,000 $2, ,300 $7, Ross 46th Street Augusta Drive to M June 1, ,000 $3, ,100 $3, ,600 $7, Ross AB Avenue 43rd street to 44th Street 0.53 June 1, ,000 $3, ,000 $1, ,800 $3, Schoolcraft 14th Street VW Avenue to U Avenue 1.50 June 1, ,620 $5, ,400 $3, ,200 $8, Schoolcraft 18th Street XY Avenue to W Avenue 1.51 June 1, ,000 $6, ,400 $3, ,800 $9, Texas RS Avenue 2nd Street to 6th Street 1.50 June 1, ,180 $6, ,300 $3, ,800 $9, Subtotal - Local Road Projects: 76,082 $83, ,600 $75, ,080 $185, TOTAL - Primary and Local Road Projects: Insert amount on the Bid Proposal form 79,202 $87, ,300 $83, ,580 $195,384.40

26 Memo To: Board of Road Commissioners of the County of Kalamazoo, Joanna I. Johnson, Managing Director CC: Travis Bartholomew, Operations Director From: Mark Worden, Project Superintendent Date: May 1st, 2018 Re: Hot Mix Asphalt (HMA) #1- Ross Township Recommended Road Commission of Kalamazoo County (RCKC) Action We recommend the Board award the 2018 HMA #1- Ross Township Bid Letting to Lakeland Asphalt Corp. - low bidder meeting specifications, with the option to extend annually based on location, pricing and scope of work by mutual agreement of both parties for up to 3 years. BACKGROUND The first 2018 HMA bid included only local roads in Ross Township. Ross Township- 24,975 tons of HMA 9 Rehabilitation projects, 13.3 Miles, 17,000 tons of HMA. 5 HMA wedging projects in preparation for our chip seal program. 3 Road reconstruction projects, 2.6 Miles, 7,000 tons of HMA. This bid is for first year of projects in the Ross Township s 3 year local road special assessment district (SAD) program. A summary of road projects in Ross Township over the next 3 years is attached for reference. A pre-bid meeting was also held prior to the bid opening. RCKC s estimated cost for this HMA bid was $2,063, The low bid from Lakeland Asphalt totaled $1,598, a difference of $464, less than the estimate which is 22% under estimate. Second low bidder was Rieth- Riley Construction with a bid total of $1,775, This is $176, higher than the low bidder. The third bidder was Michigan Paving and Materials with a bid total of $1,805, Which is $206, higher than the low bid. When comparing the bid items on the estimate to the bid prices, HMA pricing accounts for the majority of the difference. The average 36A bid price was $56.00 per ton verses the estimated $70.00 per ton. That is roughly 20% savings on the most expensive item of work on the bid and project estimates. The first 2018 HMA bid letting includes a small quantity of HMA wedging projects in Ross Township. The HMA wedging projects range from 50 ton to 425 ton per project. These projects require minimal quantities of HMA and typically carry a higher cost per ton. Combining the large HMA paving projects with the small HMA wedging projects results in contractors being more competitive on the wedging projects. Many of the smaller projects can be coordinated with larger projects, reducing additional mobilization costs. Contractors generally base their bid price on material, labor, equipment, mobilization costs and production (tons per hour). The time required to move from project locations

27 on wedging projects, results in minimal production, and therefore increases the cost per ton. The average HMA wedging price was $62.00 per ton verses the estimated $85.00 per ton. We use 36A material for HMA wedging and overlay projects on residential (platted) streets. The smaller sized aggregate used in the 36A material improves the transitions into existing surfaces and creates a top surface with less air voids. The smooth surface is more desirable in these applications; however it may not be appropriate under heavy traffic. Our experience with 36A over the last 6 seasons has proven to perform within the relevant projects and we are continuing to use the 36A material again in A will be used on all HMA surface courses in Ross Township on local roads. The HMA wedging projects included in this bid are necessary in preparation for 2018 chip seal projects. We anticipate starting chip seal operation by May 15th. Lakeland Asphalt low bidder is aware of the limited timeline to complete the HMA wedging projects and they are confident the necessary work can be completed on time. Next steps after the bid award is to have a kick off meeting with our contractor, any sub-contractors, Township and RCKC to set expectations and progress schedule moving forward for a successful season. The bid language also included an option to extend contract pricing to the Village of Augusta which Lakeland Asphalt agreed. ALTERNATIVES Rieth-Riley Construction is second low bidder and would make a suitable alternative, if necessary. Rieth Riley Construction s bid total was $1,775, which is $176, over the low bidder. Rieth Riley Construction worked with us on the Kalamazoo Township bond proposal projects. Michigan Paving is the third low bidder and would make a suitable alternative, if necessary. We have working with Michigan Paving on projects as well throughout the county. BUDGETARY IMPACT RCKC s commitment of funds for local road projects are allocated from the $1,700,000 budgeted as participation (PAR) funds for the Townships, to the extent available. This year there is an additional $300,000 budgeted for local road projects that comes from PA 82 of The SAD for Ross Township includes over $6,000,000 of estimates from SUMMARY We recommend the Board award the 2018 HMA #1- Ross Township Bid Letting to Lakeland Asphalt Corp. - low bidder meeting specifications, with the option to extend annually based on location, pricing and scope of work by mutual agreement of both parties for up to 3 years.

28 Ross Township Road Plan Summary Treatment Type Estimated Cost Year Road/ Plat Name From Street To Street Miles PASER Rating Rehabilitation $202, th Street / 39th Street 4500' north of FG Avenue D Avenue Reconstruction $293, st Street 5800' South of M-89 M Preventive Maintenance $27, rd Street B Avenue 4364' north of B Avenue Reconstruction $321, rd Street M-89 C Avenue Preventive Maintenance $43, th Street Augusta Drive M Preventive Maintenance $32, th Street B Avenue Baseline Road Preventive Maintenance $19, AB Avenue 43rd Street 44th Street Preventive Maintenance $91, B Avenue 44th Street 48th Street Rehabilitation $132, B Avenue East Gull Lake Drive 40th Street Rehabilitation $85, B Avenue 40th Street 42nd Street Preventive Maintenance $35, Baseline Road 800' west of 45th Street 47th Street Preventive Maintenance $11, D Avenue 39th Street 40th Street Preventive Maintenance $45, D Avenue 37th Street 38th Street Rehabilitation $138, East Gull Lake Drive D Avenue C Avenue Preventive Maintenance $20, EF Avenue 41st Street 42nd Street Rehabilitation $389, Franklin Beach, Half Moon Park, Indian Point Rehabilitation $233, Idlewild Plat Reconstruction $65, Oakwood Park Rehabilitation $99, Sherman Lake Drive N 3605' west of 38th Street 38th Street Rehabilitation $324, Stoney Creek Plat Preventive Maintenance $57, th Street East Gull Lake Drive C Avenue Reconstruction $139, nd Street 4000' north of M-89 C Avenue Reconstruction $22, th Street Augusta Drive 2955' north of EF Avenue Reconstruction $150, th Street EF Avenue 2955' north of EF Avenue Preventive Maintenance $27, DE Avenue West Township Line 37th Street Reconstruction $274, EF Avenue 42nd Street 44th Street Reconstruction $254, FG Avenue 39th Street Augusta Village Limits Rehabilitation $139, Gull Vista Plat Rehabilitation $325, Midland Park Plat Rehabilitation $307, Trillium Plat Rehabilitation $75, York Shire Drive Return to Gravel $56, th Street B Avenue Baseline Road 1 1 Reconstruction $593, th Street / Baseline Road C Avenue 1920' east of 44th Street Reconstruction $201, th Street B Avenue Baseline Road Preventive Maintenance $27, th Street M-89 C Avenue Reconstruction $334, Baseline Road 39th Street 42nd Street Preventive Maintenance $30, CD Avenue 46th Street 48th Street Reconstruction $108, Foxboro Lane Reconstruction $50, McDonald Street Reconstruction $81, Pine Brook Drive Reconstruction $236, Sherman Lake Drive S G Avenue 4850' north of G Avenue $6,110, *This plan does not include reconditioning gravel roads with new gravel or HMA Paving. ** This plan does not include Bridge or Culvert work greater than 42" in Diameter. Last Revised: 04/24/2018

29 BID TABULATION Bid #: Project: HOT MIX ASPHALT (HMA) # 1 - Ross Township Bid Opening Date: Wednesday, April 25, 2018 at 10:00 am Bid Award Date: Tuesday, May 1, 2018 Contract Term: Project w/ Three 1 year option to extend Lakeland Asphalt Corp. Michigan Paving & Materials Company Rieth-Riley Construciton Co., Inc. Item of Work Work Area Notes Estimated Quantities Units of Measure Unit Price Item Total Unit Price Item Total Unit Price Item Total Ross Township Local Roads Traffic Control 1 Lsum 5, $5, , $40, , $60, Cold Milling Butt Joints 1,200 Syd 5.00 $6, $9, $5, Cold Milling 1 1/2-2 inches 132,948 Syd 0.69 $91, $110, $131, Cold Milling 3-4 inches 2,553 Syd 0.90 $2, $10, $7, A Modified HMA Base Course 2 inches 3,568 Ton $181, $185, $176, A Mod. HMA Wearing Course 1 1/2-2 inches 20,457 Ton $1,094, $1,203, $1,155, A Mod. HMA Wedging, 950 Ton $51, $66, $57, A Gravel (Shoulder Material) 1,673 Ton $16, $17, $18, Placement of gravel shoulders 2' wide 532 Sta $15, $16, $15, HMA Base Crushing and Shaping and Compact in Place RCKC to place 4" gravel prior to pulverizing 30,341 Syd 1.20 $36, $32, $32, Fine Grading Gravel for Paving 30,341 Syd 0.55 $16, $16, $16, Remove Concrete Driveway Prep Agg Base Install New Leaching Basin and Ditch Grate EJ 5608 Lawn Restoration CMP Culverts 12 in CMP Culverts 15 in CMP Culverts 18 in CMP Culverts 24 in CMP Culverts 36 in Ditching Sanitary/Storm Sewer Manhole Adjustment Pvmt Rem.and Restoration Incidental Topsoil / Grass Seed Various Lengths/ Various Depth Various Lengths/ Various Depth Various Lengths/ Various Depth Various Lengths/ Various Depth Various Lengths/ Various Depth Various Lengths/ Various Depth 650 Sft 3.00 $1, $1, $1, Ea 3, $6, , $6, , $6, ,190 Sft 0.62 $43, $60, $60, Lft $3, $3, $3, Lft $3, $3, $3, Lft $4, $4, $4, Lft $4, $4, $4, Lft $2, $2, $2, Lft 9.00 $5, $5, $5, Ea $4, $4, $4, TOTAL $1,598, $1,805, $1,775, Extend same prices, terms and conditions to the Village of Augusta. Agree to extend Agree to extend Do not agree to extend

30 RICK SNYDER GOVERNOR STATE OF MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY LANSING C. HEIDI GRETHER DIRECTOR VIA April 25, 2018 Ms. Joanna Johnson Road Commission of Kalamazoo County 3801 E. Kilgore Road Kalamazoo, Michigan Dear Ms. Johnson: SUBJECT: Fiscal Year 2018 (FY18) - Scrap Tire Market Development Grant Agreement (Agreement) You are hereby informed that your grant application for a scrap tire market development project under the FY18 Scrap Tire Market Development Grant Program has been recommended for funding. When fully executed, your FY18 Agreement for $221, would provide funding towards the cost of purchasing equipment and/or for research and development to provide for a new or increased use for scrap tires. To accept the award, you must sign two originals of the enclosed Agreement and return both to the Michigan Department of Environmental Quality (MDEQ). The Agreement language should not be altered in any way. The Agreement will become effective once it is signed by you (the Grantee) and Mr. Jack Schinderle, Division Director, Waste Management and Radiological Protection Division, (WMRPD), MDEQ. Kindly review the information under Grantee Contact on the first page of the Agreement for accuracy and if necessary, update. If you do not have a fax number or address, please indicate this by filling in the applicable field with N/A. Each field needs to be completed, including your Tax ID number and DUNs number. The Agreement must be signed by an individual authorized to make such a legal commitment for the Grantee. The Grantee s Contact may be someone other than the signatory, but this individual must be authorized to request and implement changes, and to sign reimbursement requests submitted under the Agreement. The Agreement identifies the project ending date as September 30, Your grant application serves as the scope of the project; consequently, upon your signature of the Agreement, you commit to carrying out the project as stipulated in your application. No costs should be incurred, nor should work commence on this project, until after your Agreement has been fully executed; therefore, it is important that the signed Agreement be returned as soon as possible. CONSTITUTION HALL 525 WEST ALLEGAN STREET P.O. BOX LANSING, MICHIGAN (800)

31 Road Commission of Kalamazoo Co. 2 April 25, 2018 Proposed changes must be discussed with and approved by your MDEQ, WMRPD, Scrap Tire Coordinator, Ms. Kirsten Clemens; for that reason, you should not incur any project costs until proposed changes have been approved. She can be reached at or at clemensk@michigan.gov. Appendix A of the Agreement outlines the reimbursement process and also stipulates the maximum funding amount awarded for your project. Actual reimbursement authorized under the Agreement will be determined based on the actual costs incurred and paid by the Grantee. Reimbursement requests submitted to the MDEQ must include copy of invoices and proof of payment for the scrap tire materials purchased and activities completed. Please return your signed Agreements to my attention at the following address: Administration Section Resource Management Group Michigan Department of Environmental Quality P.O. Box Lansing, Michigan Your original signed Agreement must be received in this office by 5:00 p.m., on May 11, 2018, in order to ensure that your project will be funded for FY18. If you have any questions relating to overall grant administration, please contact me by phone, campbellc@michigan.gov, or MDEQ, WMRPD, P.O. Box 30241, Lansing, Michigan Sincerely, Enclosures cc: Ms. Krista Woodhouse, MDEQ Ms. Kirsten Clemens, MDEQ Christina Campbell Administration Section Waste Management and Radiological Protection Division /campbellc@michigan.gov

32 SCRAP TIRE MARKET DEVELOPMENT GRANT AGREEMENT BETWEEN MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY AND ROAD COMMISSION OF KALAMAZOO COUNTY This Grant Agreement ( Agreement ) is made between the Michigan Department of Environmental Quality, (DEQ), Waste Management and Radiological Protection Division (WMRPD) ( State"), and Road Commission Of Kalamazoo County ("Grantee"). The purpose of this Agreement is to provide funding in exchange for work to be performed for the project named below. The State is authorized to provide grant assistance pursuant to Part 169, Scrap Tires, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA). Legislative appropriation of funds for grant assistance is set forth in Public Act 107 of This Agreement is subject to the terms and conditions specified herein. Project Name: Road Commission of Kalamazoo Co. Project Number: CO Amount of grant: $221, (100% State Restricted) % of grant state 100 /% of grant federal 0 Project Total: $443, (grant plus match) Amount of match: $221, = %50 Start Date: (date executed by DEQ): End Date: 09/30/2019 GRANTEE CONTACT: STATE S CONTACT: Joanna Johnson, Managing Director Christina Campbell, Grant Coordinator Name/Title Name/Title Road Commission Of Kalamazoo County Resource Management Group - WMRPD Organization Division/Bureau/Office 3801 E. Kilgore Road P.O. Box Address Address Kalamazoo, Michigan Lansing, Michigan Address Address Telephone number Telephone number Fax number Fax number jjohnson@kalamazoocountyroads.com campbellc@michigan.gov address address Federal ID number Grantee DUNS number The individuals signing below certify by their signatures that they are authorized to sign this Agreement on behalf of their agencies and that the parties will fulfill the terms of this Agreement, including any attached appendices, as set forth herein. FOR THE GRANTEE: Signature, Name/Title Date FOR THE STATE: Signature Jack Schinderle, Division Director, WMRPD Name/Title Date

33 I. PROJECT SCOPE This Agreement and its appendices constitute the entire Agreement between the State and the Grantee and may be modified only by written agreement between the State and the Grantee. (A) The scope of this project is limited to the activities specified in Appendix A and such activities as are authorized by the State under this Agreement. Any change in project scope requires prior written approval in accordance with Section III, Changes, in this Agreement. (B) By acceptance of this Agreement, the Grantee commits to complete the project identified in Appendix A within the time period allowed for in this Agreement and in accordance with the terms and conditions of this Agreement. II. AGREEMENT PERIOD Upon signature by the State, the Agreement shall be effective from the Start Date until the End Date on page one. The State shall have no responsibility to provide funding to the Grantee for project work performed except between the Start Date and the End Date specified on page one. Expenditures made by the Grantee prior to the Start Date or after the End Date of this Agreement are not eligible for payment under this Agreement. III. CHANGES Any changes to this Agreement shall be requested by the Grantee or the State in writing and implemented only upon approval in writing by the State. The State reserves the right to deny requests for changes to the Agreement or to the appendices. No changes can be implemented without approval by the State. IV. GRANTEE DELIVERABLES AND REPORTING REQUIREMENTS The Grantee shall submit deliverables and follow reporting requirements specified in Appendix A of this Agreement. (A) The Grantee must complete and submit quarterly financial and/or progress reports according to a form and format prescribed by the State and must include supporting documentation of eligible project expenses. These reports shall be due according to the following: Reporting Period Due Date January 1 March 31 April 30 April 1 June 30 July 31 July 1 September 30 Before October 15* October 1 December 31 January 31 *Due to the State s year-end closing procedures, there will be an accelerated due date for the report covering July 1 September 30. Advance notification regarding the due date for the quarter ending September 30 will be sent to the Grantee. If the Grantee is unable to submit a report in early October for the quarter ending September 30, an estimate of expenditures through September 30 must be submitted to allow the State to complete its accounting for that fiscal year. The forms provided by the State shall be submitted to the State s contact at the address on page one. All required supporting documentation (invoices, proof of payment, etc.) for expenses must be included with the report. (B) The Grantee shall provide a final project report in a format prescribed by the State. 2

34 (C) All products shall acknowledge that the project was supported in whole or in part by Scrap Tire Market Development Program, DEQ, per the guidelines provided by the program. (D) If 15 percent (15%) or more of the grant amount is expended in a single quarter, payment requests may be submitted. V. GRANTEE RESPONSIBILITIES (A) The Grantee agrees to abide by all applicable local, state, and federal laws, rules, ordinances, and regulations in the performance of this grant. (B) All local, state, and federal permits, if required, are the responsibility of the Grantee. Award of this grant is not a guarantee of permit approval by the State. (C) The Grantee shall be solely responsible to pay all applicable taxes and fees, if any, that arise from the Grantee s receipt or execution of this grant. (D) The Grantee is responsible for the professional quality, technical accuracy, timely completion, and coordination of all designs, drawings, specifications, reports, and other services submitted to the State under this Agreement. The Grantee shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in drawings, designs, specifications, reports, or other services. (E) The State s approval of drawings, designs, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Grantee of responsibility for the technical adequacy of the work. The State s review, approval, acceptance, or payment for any of the services shall not be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. (F) The Grantee acknowledges that it is a crime to knowingly and willingly file false information with the State for the purpose of obtaining this Agreement or any payment under the Agreement, and that any such filing may subject the Grantee, its agents, and/or employees to criminal and civil prosecution and/or termination of the grant. VI. USE OF MATERIAL Unless otherwise specified in this Agreement, the Grantee may release information or material developed under this Agreement, provided it is acknowledged that the State funded all or a portion of its development. The State, and federal awarding agency, if applicable, retains a royalty-free, nonexclusive and irrevocable right to reproduce, publish, and use in whole or in part, and authorize others to do so, any copyrightable material or research data submitted under this grant whether or not the material is copyrighted by the Grantee or another person. The Grantee will only submit materials that the State can use in accordance with this paragraph. VII. ASSIGNABILITY The Grantee shall not assign this Agreement or assign or delegate any of its duties or obligations under this Agreement to any other party without the prior written consent of the State. The State does not assume responsibility regarding the contractual relationships between the Grantee and any subcontractor. 3

35 VIII. SUBCONTRACTS The State reserves the right to deny the use of any consultant, contractor, associate, or other personnel to perform any portion of the project. The Grantee is solely responsible for all contractual activities performed under this Agreement. Further, the State will consider the Grantee to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the anticipated Grant. All subcontractors used by the Grantee in performing the project shall be subject to the provisions of this Agreement and shall be qualified to perform the duties required. IX. NON-DISCRIMINATION The Grantee shall comply with the Elliott Larsen Civil Rights Act, 1976 PA 453, as amended, MCL et seq., the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL et seq., and all other federal, state, and local fair employment practices and equal opportunity laws and covenants that it shall not discriminate against any employee or applicant for employment, to be employed in the performance of this Agreement, with respect to his or her hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of his or her race, religion, color, national origin, age, sex, height, weight, marital status, or physical or mental disability that is unrelated to the individual s ability to perform the duties of a particular job or position. The Grantee agrees to include in every subcontract entered into for the performance of this Agreement this covenant not to discriminate in employment. A breach of this covenant is a material breach of this Agreement. X. UNFAIR LABOR PRACTICES The Grantee shall comply with the Employers Engaging in Unfair Labor Practices Act, 1980 PA 278, as amended, MCL et seq. XI. LIABILITY (A) The Grantee, not the State, is responsible for all liabilities as a result of claims, judgments, or costs arising out of activities to be carried out by the Grantee under this Agreement, if the liability is caused by the Grantee, or any employee or agent of the Grantee acting within the scope of their employment or agency. (B) Nothing in this Agreement should be construed as a waiver of any governmental immunity by the Grantee, the State, its agencies, or their employees as provided by statute or court decisions. XII. CONFLICT OF INTEREST No government employee, or member of the legislative, judicial, or executive branches, or member of the Grantee s Board of Directors, its employees, partner agencies, or their families shall benefit financially from any part of this Agreement. XIII. ANTI-LOBBYING If all or a portion of this Agreement is funded with federal funds, then in accordance with OMB Circular A-21, A-87, or A-122, as appropriate, the Grantee shall comply with the Anti-Lobbying Act, which prohibits the use of all project funds regardless of source, to engage in lobbying the state or federal government or in litigation against the State. Further, the Grantee shall require that the language of this assurance be included in the award documents of all subawards at all tiers. 4

36 If all or a portion of this Agreement is funded with state funds, then the Grantee shall not use any of the grant funds awarded in this Agreement for the purpose of lobbying as defined in the State of Michigan s lobbying statute, MCL 4.415(2). Lobbying means communicating directly with an official of the executive branch of state government or an official in the legislative branch of state government for the purpose of influencing legislative or administrative action. The Grantee shall not use any of the grant funds awarded in this Agreement for the purpose of litigation against the State. Further, the Grantee shall require that language of this assurance be included in the award documents of all subawards at all tiers. XIV. DEBARMENT AND SUSPENSION By signing this Agreement, the Grantee certifies that it has checked the federal debarment/suspension list at to verify that its agents, and its subcontractors: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or the state. (2) Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction, as defined in 45 CFR 1185; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (3) Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in subsection (2). (4) Have not within a three-year period preceding this Agreement had one or more public transactions (federal, state, or local) terminated for cause or default. (5) Will comply with all applicable requirements of all other state or federal laws, executive orders, regulations, and policies governing this program. XV. AUDIT AND ACCESS TO RECORDS The State reserves the right to conduct a programmatic and financial audit of the project, and the State may withhold payment until the audit is satisfactorily completed. The Grantee will be required to maintain all pertinent records and evidence pertaining to this Agreement, including grant and any required matching funds, in accordance with generally accepted accounting principles and other procedures specified by the State. The State or any of its duly authorized representatives must have access, upon reasonable notice, to such books, records, documents, and other evidence for the purpose of inspection, audit, and copying. The Grantee will provide proper facilities for such access and inspection. All records must be maintained for a minimum of five years after the final payment has been issued to the Grantee by the State. XVI. INSURANCE (A) The Grantee must maintain insurance or self-insurance that will protect it from claims that may arise from the Grantee s actions under this Agreement. (B) The Grantee must comply with applicable workers compensation laws while engaging in activities authorized under this Agreement. 5

37 XVII. OTHER SOURCES OF FUNDING The Grantee guarantees that any claims for reimbursement made to the State under this Agreement must not be financed by any source other than the State under the terms of this Agreement. If funding is received through any other source, the Grantee agrees to delete from Grantee's billings, or to immediately refund to the State, the total amount representing such duplication of funding. XVIII. COMPENSATION (A) A breakdown of costs allowed under this Agreement is identified in Appendix A. The State will pay the Grantee a total amount not to exceed the amount on page one of this Agreement, in accordance with Appendix A, and only for expenses incurred and paid. All other costs necessary to complete the project are the sole responsibility of the Grantee. (B) Expenses incurred by the Grantee prior to the Start Date or after the End Date of this Agreement are not allowed under the Agreement. (C) The State will approve payment requests after approval of reports and related documentation as required under this Agreement. (D) The State reserves the right to request additional information necessary to substantiate payment requests. (E) Payments under this Agreement may be processed by Electronic Funds Transfer (EFT). The Grantee may register to receive payments by EFT at the Contract & Payment Express Web Site ( XIX. CLOSEOUT (A) A determination of project completion, which may include a site inspection and an audit, shall be made by the State after the Grantee has met any match obligations, satisfactorily completed the activities, and provided products and deliverables described in Appendix A. (B) Upon issuance of final payment from the State, the Grantee releases the State of all claims against the State arising under this Agreement. Unless otherwise provided in this Agreement or by State law, final payment under this Agreement shall not constitute a waiver of the State s claims against the Grantee. (C) The Grantee shall immediately refund to the State any payments in excess of the costs allowed by this Agreement. XX. CANCELLATION This Agreement may be canceled by the State, upon 30 days written notice, due to Executive Order, budgetary reduction, other lack of funding, upon request by the Grantee, or upon mutual agreement by the State and Grantee. The State may honor requests for just and equitable compensation to the Grantee for all satisfactory and eligible work completed under this Agreement up until 30 days after written notice, upon which time all outstanding reports and documents are due to the State and the State will no longer be liable to pay the grantee for any further charges to the grant. 6

38 XXI. TERMINATION (A) This Agreement may be terminated by the State as follows. (1) Upon 30 days written notice to the Grantee: a. If the Grantee fails to comply with the terms and conditions of the Agreement, or with the requirements of the authorizing legislation cited on page one, or the rules promulgated thereunder, or other applicable law or rules. b. If the Grantee knowingly and willingly presents false information to the State for the purpose of obtaining this Agreement or any payment under this Agreement. c. If the State finds that the Grantee, or any of the Grantee s agents or representatives, offered or gave gratuities, favors, or gifts of monetary value to any official, employee, or agent of the State in an attempt to secure a subcontract or favorable treatment in awarding, amending, or making any determinations related to the performance of this Agreement. d. If the Grantee or any subcontractor, manufacturer, or supplier of the Grantee appears in the register of persons engaging in unfair labor practices that is compiled by the Michigan Department of Licensing and Regulatory Affairs or its successor. e. During the 30-day written notice period, the State shall withhold payment for any findings under subparagraphs a through d, above and the Grantee will immediately cease charging to the grant and stop earning match for the project (if applicable). (2) Immediately and without further liability to the State if the Grantee, or any agent of the Grantee, or any agent of any subcontract is: a. Convicted of a criminal offense incident to the application for or performance of a State, public, or private contract or subcontract; b. Convicted of a criminal offense, including but not limited to any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or attempting to influence a public employee to breach the ethical conduct standards for State of Michigan employees; c. Convicted under State or federal antitrust statutes; or d. Convicted of any other criminal offense that, in the sole discretion of the State, reflects on the Grantee s business integrity. e. Added to the federal or state Suspension and Debarment list. (B) If a grant is terminated, the State reserves the right to require the Grantee to repay all or a portion of funds received under this Agreement. XXII. IRAN SANCTIONS ACT By signing this Agreement, the Grantee is certifying that it is not an Iran linked business, and that its contractors are not Iran linked businesses, as defined in MCL

39 PROJECT LOCATION AND SCOPE PROJECT SPECIFIC REQUIREMENTS APPENDIX A The project shall be located in Michigan and the scope of the project is outlined in the Grantee s approved Fiscal Year Scrap Tire Market Development Grant Application: Number CO GRANTEE REIMBURSEMENT Breakdown of project funds covered under this Agreement: Equipment and/or Research and Development: Grant Amount (Maximum State Share) = $221, Matching Funds (Grantee Share) = $ Total Project Budget = $443, The State shall reimburse the Grantee, 50% of the cost of purchasing scrap tires not to exceed $89.00 per ton up to the maximum amount awarded. Only the cost of purchasing scrap tires from Michigan scrap tire processors or other generators of scrap tires in Michigan is eligible for reimbursement and/or 50% of the cost of purchasing equipment, or for research and development for eligible expenditures incurred and paid by the Grantee. If applicable, the total grant amount paid by the State to the Grantee may be reduced if the amount of scrap tires used is less than the number of tons of tires specified in the project workplan. All grant eligible expenditures shall be incurred during the time period allowed for Project Completion. The total payment made to the Grantee by the State shall not exceed $221, for the actual expenses incurred and paid by the Grantee. Any additional costs associated with the project shall be the responsibility of the Grantee. GRANT REIMBURSEMENT PROCESS AND GRANTEE REPORTING REQUIREMENTS The Grantee shall comply with all reporting requirements of the Grantor during this Agreement period. The Grantee shall be required to submit quarterly progress reports as outlined in Section IV, page two, indicating project accomplishments and following the benchmarks and time line goals as stated in the Grant Application (See Grant Application Package, page 11, Section B). The Grantee must first pay for the scrap tires and installation of the material, or equipment and then seek reimbursement from the State for the actual expenses incurred and paid by the Grantee. The Grantee shall submit to the State, a copy of all invoices, receipts, and documentation of actual expenses incurred and paid by the Grantee. A request for payment shall be submitted by the Grantee on a form provided by the State and shall include proof of payment (copy of a cancelled check) and a copy of any invoice(s), and all other pertinent documents as specified above for the actual expenses incurred and paid by the Grantee. Within 30 days of project completion, the Grantee shall submit the final request for payment. 8

40 PROCESSOR AND END-USER REQUIREMENTS Any tire processor utilized by the Grantee shall be a Michigan-based Scrap Tire Processor (Processor). Refer to Section VIII, Subcontracts, for requirements regarding subcontractors. The State may approve a written request from the Grantee to change the approved Processor(s). NOTIFICATION OF DELAYS The Grantee shall inform the State s Contact of any delays in the start-up of the project and any delays in progress toward completion of the project. PROJECT COMPLETION The State will make final payment after the project is complete. Project completion means all of the following: (A) All material or equipment purchased under this Agreement has been installed and is operational by the end date of this Agreement. (B) The Grantee has submitted all reports required by Section IV, page two of this Agreement. The State shall make a determination of project completion based on all of the following: (A) A review of the project file, including all Request for Payment form(s), all supporting financial documentation, all invoices and cancelled checks submitted by the Grantee, supporting documentation including proof that all Processors and subcontractors have been paid by the Grantee, and all reports submitted by Grantee to verify that the requirements of this Agreement have been met and that the reimbursement amounts are correct and reflect the actual expenses incurred and paid by the Grantee. (B) An inspection of the project site by the State to determine that the terms of this Agreement have been met. 9

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