HomeMy WebLinkAboutResolutions - 2019.04.18 - 31277MISCELLANEOUS RESOLUTION #19082 April 18, 2019
BY: Commissioner William Miller, Chairperson, Economic Growth and Infrastructure Committee
IN RE: DEPARTMENT OF CENTRAL SERVICES — OAKLAND TROY AIRPORT -- 2019 MDOT
CONTRACT — OPERATION AND MAINTENANCE OF WEATHER OBSERVATION AND DATA
DISSEMINATION SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Contract No. 2019-
0099, for the continued operation and maintenance of a Weather Observation and Data Dissemination System
(SYSTEM) at Oakland Troy Airport; and
WHEREAS the County will pay one hundred percent (100%) of the operational costs for electrical power
usage and telephone lines and reimburse MDOT for 50% of the maintenance costs and system service
charges incurred by MDOT; the Airport Fund will cover the costs required in the contract; and
WHEREAS the estimated annual cost of $3,860 has been accounted for within the Airport budget; and
WHEREAS the contract will be in effect for five years beginning May 1, 2019; and
WHEREAS the SYSTEM is made up of three components or subsystems, commonly known as (a) the
Automated Weather Observation System (AWOS), (b) a system to collect the AWOS data for national
dissemination (Data Collection System) and (c) a Weather Briefing System; and
WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the
administration of the project; and
WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the contract.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the five-
year contract between the Michigan Department of Transportation and the County of Oakland effective May 1,
2019.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is
authorized to execute the contract.
BE IT FURTHER RESOLVED no budget amendment is required at this time.
Chairperson, on behalf of the Economic Growth and Infrastructure Committee, I move adoption of the
foregoing resolution.
Commissioner William Miller, is ric
Chairperson, Economic Growth and Infrastructure
Committee
ECONOMIC GROWTH AND INFRASTRUCTURE COMMITTEE VOTE
Motion carried unanimously on a roll call vote.
CONTRACT NO. 2019-0099
MICHIGAN DEPARTMENT OF TRANSPORTATION
COUNTY OF OAKLAND
CONTRACT
This Contract is made and entered into this date of by and between the
Michigan Department of Transportation (MDOT) and the County of Oakland (AGENCY) for the
purpose of setting forth the obligations and intent of MDOT and the AGENCY as they pertain to
the continued operation and maintenance of a Weather Observation and Data Dissemination
System (SYSTEM) at the Oakland/Troy Airport in Troy, Michigan, to enhance aviation safety
and efficiency.
Recital:
The SYSTEM is made up of three components or subsystems, commonly known as (a) the
Automated Weather Observation System (AWOS), (b) a system to collect the AWOS data for
national dissemination (Data Collection System), and (c) a Weather Briefing System.
The patties agree that:
THE AGENCY WILL:
1. Retain ownership of all components of the AWOS and the Weather Briefing System but
not the Data Collection System.
2. Provide the following:
a. For the AWOS component:
i. A location within the airport's boundaries that meets the installation
requirements of the current version of Federal Aviation Administration
(FAA) Order 6560,20.
A location within the terminal building for the AWOS display. Access by
pilots to this location during normal business hours will be at the
discretion of the AGENCY.
b. For the Data Collection System component: A location within the terminal
building for the computer equipment.
1
C. For the Weather Briefing System component:
i. All necessary hardware, software, and internet services to allow access to
the secure website of the weather briefing system provider.
ii. A location within the terminal building for the computer hardware that is
available to pilots during the terminal building's normal business hours,
3. Provide one local telephone line and electrical power in accordance with the following:
a. The telephone line must be a single party line dedicated to the AWOS component.
b. Electrical power requirements:
i. 240V, 6411z, 15 amps, or greater circuit dedicated to the AWOS
component.
ii. 120V, 60Hz, 15 amps, or greater circuit for computer hardware provided
by the AGENCY for the Weather Briefing System component and the
Data Collection System component,
iii, lumps, motors, and similar units must be on a separate circuit.
4. Not charge for direct or telephone dial-up access to the AWOS or use of the computer
provided by the AGENCY for access to the website of the weather briefing service
provider.
5. Provide MDOT, its maintenance representative, and/or the Data Collection System
service provider (Provider) with access to the SYSTEM upon advance notice for
maintenance and for installation, if necessary.
6. Pay one hundred percent (100%) of the operational costs for electrical power usage, the
telephone line, and internet service. These costs cannot be applied as credit toward the
AGENCY's fifty percent (50%) share of the maintenance costs and service charges.
7. Pay MDOT fifty percent (50%) of the maintenance costs and SYSTEM service charges
incurred by MDOT, including administrative costs and costs of scheduled and
unscheduled work performed under this Contract, upon being invoiced by MDOT. (See
Attachment 1 for AWOS maintenance costs that could be incurred by MDOT.)
Maintenance costs incurred by the AGENCY will not be included in the total costs
incurred by MDOT, nor will they be applied as credit toward the AGENCY's fifty
percent (501/o) share of the maintenance costs and service charges.
8. Pay one hundred percent (100%) of the costs to repair damaged underground AWOS
cables. If MDOT conducts these repairs, the AGENCY will be invoiced for one hundred
2
percent (100%) of the costs. The AGENCY inay pay MDOT directly for reimbursement
of these repair costs or inay file a claim with its insurance company for reimbursement.
The AGENCY will not be liable for any costs for repairs to any AWOS cable damaged
by MDOT.
91 Perform at its sole expense the following maintenance activities:
a, Keep the area within one hundred (100) feet of the AWOS mowed to a height not
to exceed ten (10) inches.
b, Protect the integrity of any underground cables by preventing any trenching or
tilling over them,
C. Protect the area within one thousand (1,000) feet of the AWOS wind sensors by
preventing any construction, preventing the storage of large aircraft, clearing
those trees identified by MDOT, and controlling the growth of all trees and
vegetation in the area, including preventing the growth of any vegetation within
the stone pad area around the AWLS and removing any vegetation that grows
within this pad,
d. Provide assistance to MDOT, the Provider, and the weather briefing service
provider for minor troubleshooting, such as checking telephone circuits for dial
tone, making visual inspections of sensors, resetting circuit breakers and
equipment, making display and equipment checks, replacing units, and resolving
telQcommunication/internet connection issues.
e, Clear snow to allow access to the AWOS, as necessary.
10. Not modify the SYSTEM in any way without the express written consent of MDOT, the
FAA, and/or the PTovider.
11. Maintain, or have its operators and vendors maintain, for the duration of this Contract,
insurance or self-insurance of the types and amounts provided herein with insurance
companies authorized to do business in the State of Michigan, Such insurance or self-
insurance will cover all operations under this Contract, The AGENCY will furnish
MDOT with certificate(s) of insurance or self-insurance in a form satisfactory to MDOT.
The certificate(s) will provide that the policies will not be changed or cancelled until
thirty (30) days' written notice of change or cancellation is given to MDOT. In the event
that a written notice of change or cancellation is given, MDOT may, at its option,
terminate this Contract
V
'WOVICOTS-1 L"OMPon-sation" , m-surance -or—sen-insurance
consistent with the workers' compensation statutes and rules for the State of
Michigan. Employer's Liability Insurance with minimum limits of Three
Hundred Thousand Dollars ($300,000.00) per occurrence will be provided.
b. Comprehensive General Liability Insurance or self-insurance providing limits of
Three Hundred Thousand Dollars ($300,000.00) per occurrence and Five
Hundred Thousand Dollars ($500,000,00) aggregate will be provided. Property
damage limits of at least One Hundred Thousand Dollars ($100,000.00) will be
included. A combined single limit policy of Three Hundred Thousand Dollars
($300,000.00) per occurrence and Five Hundred Thousand Dollars ($500,000.00)
aggregate may be utilized. Coverage will include minimum personal injury
protection and contractual liability,
C. Property Insurance or self-insurance providing replacement cost coverage for the
systems, including all cabling, that are part of this Contract. Coverage will be in
the amount of One Hundred Seventy -Five Thousand Dollars ($175,000.00) per
occurrence.
12. Allow CT'to review all new construction plans for compliance with current AWOS
siting standards as set forth in the latest version of FAA Order 6560.20.
11 Comply with any and all federal, state, and local statutes, ordinances, and regulations
and obtain all permits that are applicable to the entry into and the performance of this
Contract.
14. Arrange with the Provider for the, installation of the Data Collection System, if necessary,
15. Make arrangements with the weather briefing service. provider for access to its secure
website.
16, Pay all invoices associated with the operation and maintenance of the SYSTEM except
the invoices for electrical power, the telephone line, and interact service.
17. Bill the AGENCY for -fifty percent (50"/o) of the service charges and maintenance costs
incurred by MDOT for providing management of the SYSTEM and the entire weather
network and for conducting scheduled and unscheduled maintenance of the AWO& (See
Attachment I for AWOS maintenance costs that could be incurred by MDOT.)
18. Bill the AGENCY for one hundred percent (10)0%) of the costs incurred by MDOT for
repairing damaged AWOS cables. MDOT will not bill the AGENCY for costs incurred
to repair any AWOS cables damaged by MDOT.
Perform the FAA required' scheduled and unscieduled maintenance of' the AWO&
MDOT will provide the FAA Form 6030-1 logbook for entry of all maintenance
activities.
4
20. Replace defective boards and components with serviceable spare items from MD T's
inventory of spare items. In addition, MDOT will make necessary arrangements for the
purchase of replacement items or for factory repairs when necessary and will pay the
factory for those purchases and repairs and for shipping, MDOT will bill the AGENCY
for these costs in accordance with Section 17 above.
21. Provide the AGENCY with advance notice of intent to perform scheduled and
-unscheduled maintenance to allow satisfactory arrangements to be made for access to the
SYSTEM.
22. Train AGENCY personnel on proper procedures for making entries in the FAA Form
6030.1 logbook and the AWOS equipment logbook.
23. Act as the AGENCY's representative regarding compliance with FAA rules, regulations,
advisory circulars, and directives pertaining to the maintenance and operation of the
AWOS,
24, Act as the AGENCY's representative regarding compliance with Federal
Communications Commission (FCC) rules and regulations, including modification and
renewal of the FCC license for the AWOS transmitter.
25, Discontinue the weather briefing and data collection services and remove the associated
components in the event of the following'
a. The AGENCY does not comply with the provisions of this Contract; or
11
IMF! 1@11pill 11�
101111 Ataij mill , 1111 !! I I
Wageas4IM111111
26. The Provider will retain ownership of the Data Collection System.
27, The AGENCY (hereinafter in Appendix A referred to as the "contractor") will 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 pail
hereof. This provision will be included in all subcontracts relating to this Contract.
28. In accordance with 1980 PA 278, MCL 423,321 et seq,, the AGENCY, in 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 ill contempt of court by a federal court of appeals on not less than
---three (3�oce-asions-involviiig-chfferent ,violations -during-the ,preceding sevcii�7)-years -fbr
failure to correct unfair labor practices, as prohibited by Section 8 of Chapter 372 of the
National Labor Relations Act, 29 USC 158. MDOT may void this Conti -act if the name
of the AGENCY or the name of a subcontractor, manufacturer, or supplier utilized by the
ko
AGENCY in the performance of this Contract subsequently appears in the register during
the performance period of this Contract,
29. Each party to this Contract will remain responsible for any claims arising out of that
party's performance of this Contract, as provided by this Contract or by law,
This Contract is not intended to increase or decrease either party's liability for or
immunity from tort claims.
This Contract is not intended to, nor will it be interpreted as giving, either party a right of
indemnification, either by contract or by law, for claims arising out of the performance of
this Contract.
MDOT will hot be subject to any obligations or liabilities by contractors of the AGENCY
or their subcontractors or any other person not a party to the Contract without its specific
consent and notwithstanding its concurrence with or approval of the award of ally
contract or subcontract or the solicitation thereof.
It is expressly understood and agreed that the AGENCY will take no action or conduct
that arises either directly or indirectly out of its obligations, responsibilities, and duties
under this Contract that results in claims being asserted against or judgments being
imposed against the State of Michigan, the Michigan State Transportation Commission,
the Michigan Aeronautics Commission, MDOT, andlor the FAA, as applicable.
In the event that the same occurs, it will be considered as a breach of this Contract,
thereby giving the State of Michigan, the Michigan State Transportation Commission, the
Michigan Aeronautics Commission, MDOT, and/or the FAA, as applicable,, a right to
seek and obtain any necessary relief or remedy, including, but not limited to, a judgment
for money damages,
X With regard to claims based on goods or services that were used to meet the AGENCY's
obligation to MDOT under this Contract, the AGENCY 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 AGENCY 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 AGENCY's obligation to MDOT under this Contract due to any violation of 15
USC, Sections I - 15, and/or 1984 PA 274, MCL 445.771 - 445,788, excluding Section
4a,tothe--State-afMic-iiigm-or-MDOTas-a-third-paitybeiie-ficim-y-i,-
The AGENCY 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 AGENCY's
6
obligation to MDOT under this Contract may have occurred or is fln-catefted to occur.
The AGENCY 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 AGENCY's obligation to MDOT under this
Contract,
3L Either party may terminate this Contract -upon sixty � 60) days written notice to the otl-IeT
party.
32, The parties agree that this Contract constitutes the, entire contract between the parties and
supersedes any and all prior contracts or oral understandings,
33. This Contract will be in effect from the date of award through five (5) years, unless it is
terminated by either party in accordance with Section 3 1 .
7
34; This Contract will become binding on the parties and of full force and effect upon signing
by the duly authorized representatives of the AGENCY and MDOT and upon adoption of
a resolution approving said Contract and authorizing the signature(s) thereto of the
respective reprcscatative(s) of the AGENCY, a certified copy of which resolution will be
sent to MDOT with this Contract, as applicable,
By:
Title:
By:
Title: Department Director
8
I 111 111111
rTiqjj1jF.XI1 011
LMMEM=e t.=M1 1
Scheduled Maintenance
Inspections FAA -required annual and two tri -annual inspections in accordance with the FAA -
approved AWOS Manufacturer's Logbook. Expenses include labor and travel.
Preventative May include, but is not limited to, such items as testing and servicing of
'Lininterruptible power supply (UPS) and batteries, cleaning aspirator fan and tube,
measuring processor and ceilometer battery levels, overall cleaning and checking
condition of all components. Expenses may include labor, travel, and materials.
Unscheduled Maintenance
Outages Includes troubleshooting and repairs and may include replacement of defective
components with MDOT set viceable spares. May also include the costs to repair
defective, items by outside facilities and/or the purchase of new replacement
items. Expenses include labor, travel, materials, outside vendor repairs and
purchases, and shipping,
Administration
Involves a share of the oversight of the entire weather network, and includes
activities that are not location -specific but are general in nature to all locations.
Expenses include, but are not limited to, contract administration and compliance,
system monitoring, calibration and repair of required test equipment and
standards, items and supplies purchased that will be used for all locations, and
time spent to arrange and coordinate inspection schedules with the FAA and to
review Miss Dig tickets.
APPENDIX A
In connection with the performance of work under this contract; the contractor agrees as follows;:;
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.
1 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.
1 The contractor will take afflimative 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.
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 accout-its 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 Con-imission finds, after a hearing hold
pursuant to its rules, that a contractor has not complied with the contractual obligations
under this contract, the Michigan Civil Rights Coinmissiori 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 offuture 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
EMMMERMEN
ZMEgm
Moved by Gingell seconded by Markham the resolutions on the Consent Agenda be adopted with
accompanying reports being accepted,
AYES: Hoffman, jackson, Kochenderfer, Kowall, Kuhn, Loq Luebs� Markham, CG, vray�,
Middleton, Miller, Nelson, Powell, Quarles� Spisz, taub� Weipe� Woodward, Zacki Gershenson�
Gingell. (21)
NAY& None� (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted with
accompanying reports being accepted.
a
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the sea] of the Circuit Court at Pontiac,
Michigan this 18th day of April, 2019.
Lisa Brown, Oakland County