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CHARTER TOWNSHIP OF WATERFORD PRAYER: Pastor Eric King of Spirit Life Temple ANNOUNCEMENTS: AWARDS & PRESENTATIONS: REPORTS: FIRST INTRODUCTION: OLD BUSINESS: NEW BUSINESS:
IN CONFORMANCE WITH THE AMERICANS WITH DISABILITIES ACT, LARGE-PRINT AGENDAS AND MINUTES ARE AVAILABLE UPON REQUEST. BARRIER-FREE PARKING AND ACCESS ARE ALSO AVAILABLE AT TOWN HALL. MINUTES ARE AVAILABLE UPON REQUEST AT THE CLERK’S DEPARTMENT, AND ON THE TOWNSHIP'S WEB SITE. Minutes of the Waterford Township Board Meeting, held August 22, 2005 at 6:30 PM in Town Hall Auditorium, 5200 Civic Center Drive, Waterford, Michigan. PRESENT:
OTHERS PRESENT:
Supervisor Carl Solden called the meeting to order at 6:30 PM. Pastor Farristean Doolin of Spirit Life Temple offered a prayer on behalf of the Board, and Supervisor Solden led the Pledge of Allegiance. Moved by O’Shea, Motion carried unanimously.
Moved by O’Shea, Motion carried unanimously. Moved by Minton, Motion carried unanimously. The following announcements were made: Township offices will also be closed for Labor Day on Monday, September 5, 2005. Winter hours will commence Tuesday, September 6, 8:00 AM until 5:00 PM. Waterford Township Department of Public Works was chosen as the 2005 Research and Technical Practices Award recipient, by the Michigan Section American Water Works Association, for their work with Geographic Information Systems and Computerized Management Systems. The Awards Committee had selected Karen Basirico of 51st District Court as the Employee of the Month for June, 2005. Supervisor Solden presented Karen with a plaque and offered congratulations on behalf of the Board. Moved by Fortino, Motion carried unanimously. The following reports were presented: Clerk’s Dept, June, 2005 Moved by O’Shea, Motion carried unanimously.
An amendment to Chapter 17, "Water and Sewer" Article III, Division 5 of the Code of Ordinances was on the agenda for first introduction. CHARTER TOWNSHIP OF WATERFORD It is ordained that Chapter 17, "Water and Sewer" Article III, Division 5 of the Code of Ordinances, be amended, in the following section, to read as follows: Sec 17-173 Delinquent Capital Charges, Usage or Other Cost Due, Lien, Tax Rolls Assessed; All delinquent charges for lateral benefit fee, front footage fee, capital charge, charges for sewage disposal service, cost reimbursement and penalties shall be a lien on the premises served, as set forth herein. On August 15th of each year, any such charges which have been delinquent ninety (90) days or more shall be transferred to the next tax roll against the premises served, plus a surcharge of ten (10) percent to cover certain administrative expenses of the township. Such charges shall be collected and such lien shall be enforced in the same manner as provided in respect to taxes assessed upon such roll under the general property tax law. INTRODUCED by the Township Board of the Charter Township of Waterford the
22nd day of August, 2005 Moved by Fortino, Motion carried unanimously. At the 7-25-2005 Board meeting, Library Director Joan Rogers presented a memo asking the Board to amend item 10.2 which prohibits guns in the library, in the Rules of Conduct for Library Use adopted by the Township Board at the June 27, 2005. Mr. DiRienzo and an attorney of Great Lakes Shooting Sport Association spoke in opposition to the proposed amendment and argued that it was against the law. The Board decided to get further clarification and moved to table the revision to Library’s Rules of Conduct for further review and revision. In response to our inquiry, Library Director Joan Rogers submitted the following memo on Revision to Rules of Conduct for Library Use - Items 10.2 & 10.5: Following the Board’s direction at the July 25, 2005 meeting I referred the revision of Item 10.2 back to Peter Donlin, the township’s attorney. After reviewing the materials, statutes and case law supplied by the attorney for the Great Lakes Shooting Sport Association, the correspondence from Mr. DiRienzo, and additional research in to the question of what regulatory powers are available to the Township relative to making the possession or display of firearms as a part of the "Rules of Conduct for Library Use" he recommends the following revisions to the Rules of Conduct. Item 10.2: revise by replacing with the wording recommended by the attorney for the Great Lakes Shooting Sport Association to read: 2. Firearms that are brandished, carried, or possessed in violation of the laws of the United States or the State of Michigan. Delete Item 10.5 entirely. I have reviewed these suggested revisions with Mr. Donlin and Supervisor Solden and believe that they meet the library’s needs and are not in conflict with current state laws. I ask you to consider adopting these revisions at the next Board meeting, Monday, August 22, 2005. Please feel free to contact me at the Library with any questions or concerns, 248.618.7691. Moved by O'Shea, Motion carried unanimously. The following memo was received from Building and Engineering Director Douglas Bradley concerning Award of Demolition Contracts: In accordance with the Resolutions passed by the Township Board on July 25, 2005 the Building and Engineering Department has obtained bids for the demolition of Dangerous Buildings. The following is a summary of the bids that were received and opened on August 17, 2005: Dangerous Building Case #05-101 – 4266 Clintonville Road Bidder Bid Price Bid Security |
Able Demolition, Inc.
$ 6,300.00 Bid Bond
A.F.W.C. American Contracting, Inc. $ 4,700.00 Check
Capital Wrecking Co., Inc.
$ 9,450.00 Money Order
Greenan Salvage
$14,000.00 Surety Bond
R.J. Hoffman Management, Inc.
$ 4,340.00 Official Check
Milford Salvage, Inc.
$ 7,650.00 Official Check
North American Dismantling Corp. $
7,800.00 Bid Bond
Dore & Associates Contracting
$ 8,316.00 Bid Bond
Recommendation – Award to R.J. Hoffman Management, Inc.
Dangerous Building Case #05-106 – 2891 Peerless
Bidder Bid Price Bid Security
Able Demolition, Inc.
$ 4,000.00 Bid Bond
A.F.W.C. American Contracting, Inc. $ 4,200.00 Check
Capital Wrecking Co., Inc.
$ 7.200.00 Money Order
Greenan Salvage
$ 9,000.00 Surety Bond
R.J. Hoffman Management, Inc.
$ 2,850.00 Official Check
Milford Salvage, Inc.
$ 7,050.00 Official Check
North American Dismantling Corp.
$ 5,000.00 Bid Bond
Dore & Associates Contracting
$ 4,200.00 Bid Bond
Recommendation – Award to R.J. Hoffman Management, Inc.
Demolition Order – 4060 Laforest
Bidder Bid Price Bid Security
Able Demolition, Inc.
$ 7,200.00 Bid Bond
A.F.W.C. American Contracting, Inc. $ 8,800.00 Check
Capital Wrecking Co., Inc.
$17,100.00 Money Order
Greenan Salvage
$15,800.00 Surety Bond
R.J. Hoffman Management, Inc.
$ 7,605.00 Official Check
Milford Salvage, Inc.
$23,000.00 Official Check
North American Dismantling Corp.
$15,900.00 Bid Bond
Dore & Associates Contracting
$ 6,240.00 Bid Bond
Recommendation – Award to Dore & Associates Contracting
Completion of Demolition and Cleanup Order – 3615 Mann Road
Bidder Bid Price Bid Security
Able Demolition, Inc.
$ 4,200.00 Bid Bond
A.F.W.C. American Contracting, Inc. $12,200.00 Check
Capital Wrecking Co., Inc.
$13,680.00 Money Order
Greenan Salvage
$10,000.00 Surety Bond
R.J. Hoffman Management, Inc.
$ 6,900.00 Official Check
North American Dismantling Corp. $
6,900.00 Bid Bond
Dore & Associates Contracting
$ 5,916.00 Bid Bond
Recommendation – Award to Able Demolition, Inc.
Should the Board concur with the recommendations made above no further action is required by the Board and the Building and Engineering Department will notify the successful bidder of the award on August 25, 2005 (the 31st day after the Demolition Resolution was passed by the Board). In the event the Board desires to alter the recommendation and award a specific project to another bidder please make those desires known during the August 22, 2005 Board meeting. Be advised that all work will be performed in accordance with Section 4-236 of the Waterford Township Code of Ordinances and all costs incurred by the Township will be recorded as a lien against the property taxes of the subject parcel.
Since there were no objections to the reported dangerous building demolition contracts, no action was taken by the Board.
The following memo was received from DPW Director Terry Biederman on the Bid Opening for Townhall, 51st District Court and Parks and Recreation Roof Replacements
Proposals for the above-mentioned project are being opened at the August 22, 2005 Board meeting to replace the existing roofs on Townhall, 51st District Court and the Parks and Recreation buildings. The specifications have been designed to remove and replace the existing roofs with industry standard insulation and membrane roofing systems as well as to allow for any viable alternatives presented by prospective bidders.
The bids are based on the Total Base Bid of all three (3) roofs so as to ensure one General Contractor and one contractual point of contact for the Township. This will reduce the amount of contract administrative time by staff and provide for installation consistency. It will also reduce project mobilization costs and should provide a volume discount in pricing. The specifications were also prepared in-house so as to minimize design costs.
The following outlines the budgeted amounts allocated in the 2005 Capital Improvement Bond Schedule, which will be used to pay for the project:
Townhall-
$200,000
51st District Court-
$ 90,000
Parks and Recreation- $215,000
Total $505,000
The following bids (all with bid bonds) were received:
W.J. Stewart Construction Corp (alt)
$380,000
W.J. Stewart Construction Corp (alt)
$215,000
Port Huron Roofing & Sheet metal
$641,000
RoofCon, Inc.
$593,600
Royal Roofing Co. Inc.
$642,500
Bloom Roofing Systems, Inc.
$503,200
Energy Shield, Inc.
$300,000
CEI Group, LLC
$563.160
Moved by Fortino,
Supported by O'Shea, RESOLVED, to forward the bids to DPW Director Terry
Biederman for award to the lowest qualified bidder with a report to the Board.
Motion carried unanimously.
The following memo was received from DPW Director Terry Biederman on the Bid Opening for New Construction and Rehabilitation of Water Treatment Plant 28-1:
Proposals for the above-mentioned project are being opened at the August 22, 2005 Board meeting to update Water Treatment Plant (WTP) 28-1’s production capacity from the current 1,728,000 million gallons of water per day to approximately 5,400,000 million gallons of water per day. This increase in production capability will come from a new well, which has been constructed, and the rehabilitation of the existing well. In addition, the iron removal treatment technology will be changed to a biological iron removal system which will dramatically increase the efficiency of the WTP.
For your reference, I have attached a letter from Johnson and Anderson outlining project costs for your review. As you can see from the letter, the projected total cost for the WTP is $1,866,230 and includes $560,000 for the Infilco Iron Removal Package Plant that we have already ordered. Approximately $2,000,000 was budgeted for this project in the 2003 Water/Sewer Bond sale.
The following bids (all with bid bonds) were received:
F.J. Jones & Co.
$1,654,000
W-3 Construction Co.
$1,824,000
Irish Construction Co. Inc.
$1,646,000
Sorensen Gross
$1,635,000
A.Z. Shmina Inc.
$1,696,000
PCSI
$1,635,000
Reliance Building Co.
$1,549,000
Weiss Construction Co. LLC
$1,936,000
O'Laughlin Construction Co.
$1,851,000
Barton Malow Co.
$1,630,000
Moved by Fortino,
Supported by O'Shea, RESOLVED, to forward the bids to DPW Director Terry
Biederman for award to the lowest qualified bidder with a report to the Board.
Motion carried unanimously.
A request to establish Eagle Lake Board was presented to the Board by riparian owners who had collected the required number of signatures. The Board considered the following resolution:
CHARTER TOWNSHIP OF WATERFORD
RESOLUTION ESTABLISHING EAGLE LAKE BOARD
AUGUST 22, 2005
The Charter Township of Waterford ordains:
WHEREAS, Eagle Lake is located within the territorial boundaries of the Charter Township of Waterford, and
WHEREAS, a petition to establish a lake board has been submitted to the Township Board of the Charter Township of Waterford bearing the signatures of two-thirds (2/3) of the freeholders owning land abutting the lake, and WHEREAS, the Township Board determines that the establishment of a lake board under Act 345 of the Public Acts of 1966 is necessary to conserve the water quality of the lake and to preserve the property values around the lake,
NOW, THEREFORE, BE IT RESOLVED, that the Eagle Lake Board of the Charter Township of Waterford be hereby established. The Township Board shall hereafter appoint the board members pursuant to Sec. 4 of Act 345. The lake board shall thereafter proceed with the necessary steps for improving the condition of the lake.
AYES: Solden, Fortino, Minton, Fox, Maloney, Moore, O’Shea
NAYS: none
ABSENT: none
Motion carried.
Moved by Fortino,
Supported by O'Shea, RESOLVED to approve the foregoing Resolution to establish
Eagle Lake Board.
Motion carried unanimously.
A request for a block party permit on Riverside Drive was before the Board. All requirements had been meant.
Moved by Fortino,
Supported by O'Shea, RESOLVED, to approve Block Party on Riverside Drive
Motion carried unanimously.
The following memo was received from Mark Kellenberger, Planner III to establish a public hearing date
for EDC Case 1991-01 (Canterbury Health Care):The item for consideration at the August 22, 2005, Township Board Meeting is to set a public hearing date for the consideration of approving a second amendment to the Project Plan for Canterbury Health Care. The Waterford Township Economic Development Corporation passed a resolution at their Thursday, August 11, 2005, meeting recommending approval of the second amendment to the Project Plan. Attached is a copy of the resolution for establishing the public hearing.
The applicant, Canterbury Health Care, will be present at the public hearing on September 12, 2005, as well as EDC Bond Counsel, Craig Hammond from Dickinson Wright. I have attached a copy of the amended Project Plan for your review prior to the September 12, 2005, meeting. Pages 5 and 6 of the Project Plan contain a brief history and explanation of the project. As always, if you have any questions, please contact me at (248) 618-7450.
RESOLUTION SETTING HEARING DATE
(Canterbury Health Care, Inc. Project)
At a regular meeting of the Township Board of the Charter Township of
Waterford, County of Oakland, Michigan, held on the 22nd day of August, 2005, at
7:30 p.m., Eastern Standard Time.
PRESENT: Solden, Fortino, Minton, Fox, Moore, Maloney, O'Shea
ABSENT: none
I hereby certify that the foregoing is a true and complete copy of a part of the minutes of a regular meeting of the Township Board of the Charter Township of Waterford, Oakland County, Michigan, held on the 22nd day of August, 2005, and that the said minutes are on file in the office of the Township Clerk and are available to the public.
Clerk, Charter Township of Waterford
Moved by Maloney,
Supported by Fox, RESOLVED, to approve September 12, 2005, as the Public Hearing
Date for EDC Case 1991-01 (Canterbury Health Care
Motion carried unanimously.
The following memo was received from Supervisor Solden:
Recently I learned that an amendment to The Home Rule City Act (Act 316 0f 2003) was enacted and became effective January 12, 2004.
The amendment grants legislative authority to any city of a population of 7,500 or more, or a city that has a population of 3,300 or more located in a county that has a population of 2,000,000 or more, to authorize such a city to create a "blight court" and "blight ordinance" provisions, in the form of an administrative hearing bureau within the city government.
Hearing officers are appointed by the city; he/she has to be an attorney,
licensed to practice law in this state for at least five years. The bureau
would adjudicate alleged blight violations, making determinations of
responsibility and imposing sanctions upon those found responsible for a
violation and have the authority to impose fines up to $10,000. All fines
are retained by the city and used to fund the blight court, code enforcement
officers, etc. There is a $10.00 assessment for each blight violation
payable to the State of Michigan. There are also provisions that allow for
very aggressive collection of fines: liens, wage garnishment and non renewal
of driver’s licenses as I understand it.
Attached please see the proposed resolution which I intend to send to Legislators, the Governor and Townships over 30,000 population as well as the Michigan Townships Association. I have already had a conversation with our State Representative’s office asking for support to amend the Act to include Townships of 30,000 or more population.
This bill was enacted for cities as you can see; one criterion was population of 7,500 or more. Waterford Township is almost ten times the size of a city of 7,500 and I can assure you we have ten times the problems.
The resolution follows:
CHARTER TOWNSHIP OF WATERFORD
RESOLUTION IN SUPPORT OF "BLIGHT COURT"
LEGISLATION FOR TOWNSHIPS OF 30,000 OR MORE
WHEREAS, the Michigan Legislature has enacted Public Act 316 of 2003, which amends "The Home Rule City Act" (Act 279 of 1909), granting the legislative authority, to any city of a population of 7,500 or more, or a city that has a population of 3,300 or more located in a county that has a population of 2,000,000 or more, to authorize such a city to create a "blight court" and "blight ordinance" provisions, in the form of an administrative hearing bureau, within the city government, and
WHEREAS, highly populated and fully developed charter townships in Michigan experience blighted conditions in residential, commercial and industrial properties on an on-going basis, often requiring such township to resort to the use of courts of this state to obtain relief from the blight effects of dangerous, dilapidated, and deteriorating structures and houses within said communities, and
WHEREAS, Waterford Township is such a township that, while experiencing new growth and development, has discernable portions of the township consisting of older structures, occupied by persons of low to moderate income, which, from time to time, become blighted properties, and become a nuisance to adjoining land owners, and cause a depreciation in land values in the environs, and a general diminution of the quality of life in the community, and
WHEREAS, these conditions are common to most, if not all, highly developed townships of a population over 30,000, which would greatly benefit from the enactment into the Charter Township Act, or basic township law, the "blight court" provisions, as enacted for home rule cities in Public Act 316 of 2003,
THEREFORE, IT IS RESOLVED by the Board of Trustees of this Township that the legislators and the Governor of this State enacted into Township Law and Statutes provisions allowing townships of a population of 30,000 or more to establish a "blight court" and adopt "blight ordinance" provisions as an important tool in the elimination of blight conditions within said townships.
ADOPTED by the Township Board of the Charter Township of Waterford the
22nd day of August, 2005.
AYE VOTES: Solden, Fortino, Minton, Fox, Moore, Maloney, O'Shea
NAY VOTES: none
ABSENT: none
STATE OF MICHIGAN }
} §
COUNTY OF OAKLAND}
I, THE UNDERSIGNED, the duly elected and qualified clerk of the Charter Township of Waterford, do hereby certify that the foregoing is a true and complete copy of RESOLUTION IN SUPPORT OF "BLIGHT COURT" LEGISLATION FOR TOWNSHIPS OF 30,000 OR MORE, adopted on the 22nd day of August, 2005.
___________________________
Betty Fortino, Clerk
Moved by Fortino,
Supported by Minton, RESOLVED, to approve the foregoing resolution In Support Of
"Blight Court" Legislation For Townships Of 30,000 Or More.
Motion carried unanimously.
The following memo was received from Community Planning & Development Director Robert Vallina and Parks & Recreation Director Thomas Newcombe on Determination of 5860 Andersonville Road:
Since the Cultural Council moved to their new headquarters in the Parks & Recreation building, the Township’s Andersonville Church property at 5860 Andersonville Road has been vacant. The Parks & Recreation Department does not have any current or future use for the building. There also does not appear to be any future use for the property intended by any other Township department.
Therefore, we are recommending that the Township Board declare the
subject parcels as excess property and authorize staff to begin the process
of selling the property.
Because of the historic nature of the structures on the property, and the
property’s location within the Township’s Historic District, we believe that
every effort should be taken to find a purchaser who will integrate a new
use of the property with the general preservation of the structures. We
therefore recommend that the Board authorize the Township Supervisor to
appoint a five-member committee to prepare and issue a request for proposal
for purchase/redevelopment offers, review all such offers, and return a
recommendation to the Township Board for the highest purchase offer that
also proposes the most realistic redevelopment proposal as well as achieving
the Master Plan goal to enhance and expand the viability of the Historic
District. We also recommend that at least one of the committee members be a
resident of the Historic District.
If the consensus of the Board is that it is in the long-range interest of the Township to dispose of this property, we recommend the following resolution be adopted:
Declare Parcels IDs# 13-04-104-007, 13-04-104-009, and 13-04-104-010 excess property and authorize the Township Supervisor to appoint a five-member committee to oversee the process to obtain purchase/redevelopment offers and to submit a recommendation to the Township Board for the proposal that achieves the optimum mix of revenue, redevelopment impact, and historic preservation.
Moved by O'Shea,
Supported by Fox, RESOLVED, to declare Parcels IDs# 13-04-104-007,
13-04-104-009, and 13-04-104-010 excess property and authorize the Township
Supervisor to appoint a five-member committee to oversee the process as
recommended.
Motion carried unanimously.
The following memos were received from DPW Director Terry Biederman:
(#1) Approval to Execute Contract with David Milling and Associates for 51st District Court Interior Renovations
Approval was granted at the June 27, 2005 Board meeting to utilize David
Milling and Associates (DMA) as the designated architect for various
Township capital improvement projects including interior renovations for the
51st District Court.
As a result, I have attached a proposal from DMA to design these improvements which also contains their Standard Fee and Reimbursement Schedule for your approval. As you can see
from the proposal, the Township has a total of $125,000 budgeted for the project not including contingencies. It also outlines a very preliminary and conservative construction estimate from DMA of $90,000 plus a design fee of $9,500. Once design is underway, more accurate construction estimates can be established.
According to the June 27, 2005 Board meeting minutes, the resolution to approve DMA as the architect of record for the currently designated capital improvement projects included the stipulation, "and to not increase per hour or percentage fee". I am assuming this refers to the fees that were paid by the Township for services by DMA in August of 2002 to complete the design of the Library expansion.
Upon research of the actual contract signed between the Township and DMA, I believe the spirit of the stipulation in the resolution has been met. Specifically under Article 1.5- Compensation Section 1.5.1 of the Library contract, DMA fees were 13% of actual construction costs. Under the terms of the proposal under consideration, DMA fees are approximately 10.5% of the estimated construction costs. For purposes of comparison between DMA fees for actual and estimated construction costs, assume the actual construction cost for the work will be 10% less, it could be greater, than the estimated $90,000 or $81,000. Utilizing the DMA fee of 13% as agreed upon in the Library design, the fee for this work would be $10,530, which is $1,030 greater than the fee based on 10.5% of the estimated construction cost of $90,000.
I also believe this meets the spirit of the no increase per hour criteria in the resolution because the fee is based on a percentage of the estimated construction costs, which governs how much they can charge regardless of their hourly fee schedule. Please see the attached DMA Standard Fee and Reimbursement Schedule that was effective January 1, 2002.
Based upon the above, I am recommending the Board approve the proposal from David Milling and Associates.
(#2) Approval to Execute Contract with David Milling and Associates for
Townhall Atrium Curtainwall and Entrance Replacements for Townhall, 51st District Court and Parks and Recreation
Approval was granted at the June 27, 2005 Board meeting to utilize David Milling and Associates (DMA) as the designated architect for various Township capital improvement projects including the Townhall atrium curtainwall. Since approval for this was granted, several discussions between Dave Papke, Doug Bradley and I have taken place about the viability of including the design of the entrance replacements as an activity for DMA. Upon completion of these discussions, it was determined that soliciting the services of DMA to design these entrances was prudent.
As a result, I have attached a proposal from DMA to design the Townhall
atrium curtainwall and the entrances for Townhall, 51st District
Court and The Parks and Recreation buildings which also contains their
Standard Fee and Reimbursement Schedule for your approval. As you can see
from the proposal, the Township has a total of $436,000 budgeted for the
projects not including contingencies. It also outlines a very preliminary
and conservative construction estimate from DMA of $410,000 plus a design
fee of $37,900. Once design is underway, more accurate construction
estimates can be established.
Of the $37,900 DMA design fee, the entrance design cost is approximately $11,555, which is approximately 30% of the total design fee. Incorporation of DMA to perform the entrance designs
has many benefits including their expertise in compliance with ADA requirements and to ensure architectural consistency with the buildings including the Townhall atrium curtainwall.
According to the June 27, 2005 Board meeting minutes, the resolution to approve DMA as the architect of record for the currently designated capital improvement projects included the stipulation, "and to not increase per hour or percentage fee". I am assuming this refers to the fees that were paid by the Township for services by DMA in August of 2002 to complete the design of the Library expansion.
Upon research of the actual contract signed between the Township and DMA, I believe the spirit of the stipulation in the resolution has been met. Specifically under Article 1.5- Compensation Section 1.5.1 of the Library contract, DMA fees were 13% of actual construction costs. Under the terms of the proposal under consideration, DMA fees are approximately 9.25% of the estimated construction costs. For purposes of comparison between DMA fees for actual and estimated construction costs, assume the actual construction cost for the work will be 10% less, it could be greater, than the estimated $410,000 or $369,000. Utilizing the DMA fee of 13% as agreed upon in the Library design, the fee for this work would be $47,970, which is $10,070 greater than the fee based on 9.25% of the estimated construction cost of $410,000.
I also believe this meets the spirit of the no increase per hour criteria in the resolution because the fee is based on a percentage of the estimated construction costs, which governs how much they can charge regardless of their hourly fee schedule. Please see the attached DMA Standard Fee and Reimbursement Schedule that was effective January 1, 2002.
Based upon the above, I am recommending the Board approve utilizing DMA to perform the entrance designs for Townhall, 51st District Court and the Parks and Recreation buildings and to approve the attached proposal.
(#3) Approval to Execute Contract with David Milling and Associates for
HVAC Renovations at 51st District Court and Townhall
Approval was granted at the June 27, 2005 Board meeting to utilize David Milling and Associates (DMA) as the designated architect for various Township capital improvement projects including HVAC replacements at the 51st District Court and the Parks and Recreation buildings. Since approval for this was granted, we have received a Memo from Tom Newcombe to remove the HVAC replacement from the Capital Improvement list, which was budgeted at $140,000. I have attached his Memo for your review.
Upon receipt of this information, Dave Papke, Doug Bradley and I concluded it would be prudent to utilize the $140,000 to replace the HVAC system in Townhall, which has been in place for over eleven (11) years. The current Townhall HVAC system utilizes technologically aged and proprietary hardware and requires extensive outside expertise for programming and maintenance. It would be the scope of this project, as with the 51st District Court, to replace the HVAC controls with an integrated, remote access and networked system.
As a result, I have attached a proposal from DMA, which also contains their Standard Fee and Reimbursement Schedule, to design these replacement systems for your approval. As you can see from the proposal, the Township has a total of $280,000 budgeted for the projects not including contingencies. It also outlines a very preliminary and conservative construction estimate from DMA of $320,000 plus a design fee of $32,900. Once design is underway, more accurate construction estimates can be established. Per discussions with DMA, it is strongly felt that systems can be designed to accommodate the Township budget. If not, the primary focus will be to complete the 51st District Court.
According to the June 27, 2005 Board meeting minutes, the resolution to approve DMA as the architect of record for the currently designated capital improvement projects included the stipulation, "and to not increase per hour or percentage fee". I am assuming this refers to the fees that were paid by the Township for services by DMA in August of 2002 to complete the design of the Library expansion.
Upon research of the actual contract signed between the Township and DMA, I believe the spirit of the stipulation in the resolution has been met. Specifically under Article 1.5- Compensation Section 1.5.1 of the Library contract, DMA fees were 13% of actual construction costs. Under the terms of the proposal under consideration, DMA fees are approximately 10.3% of the estimated construction costs. For purposes of comparison between DMA fees for actual and estimated construction costs, assume the actual construction cost for the work will be 10% less, it could be greater, than the estimated $320,000 or $288,000. Utilizing the DMA fee of 13% as agreed upon in the Library design, the fee for this work would be $37,400, which is $4,500 greater than the fee based on 10.3% of the estimated construction cost of $320,000.
I also believe this meets the spirit of the no increase per hour criteria in the resolution because the fee is based on a percentage of the estimated construction costs, which governs how much they can charge regardless of their hourly fee schedule. Please see the attached DMA Standard Fee and Reimbursement Schedule that was effective January 1, 2002.
Based upon the above, I am recommending the Board approve utilizing the previously earmarked $140,000 for the Parks and Recreation replacement HVAC system for the replacement Townhall HVAC system and to approve the proposal from David Milling and Associates.
Moved by O'Shea,
Supported by Minton, RESOLVED, to approve execution of contract with David
Milling and Associates for 51st District Court Interior Renovations,
for Townhall Atrium Curtainwall and Entrance Replacements for Townhall, 51st
District Court and Parks and Recreation and HVAC Renovations at 51st
District Court and Townhall.
Motion carried unanimously.
A request for a SDD/SDM transfer at 6640 Cooley Lake Road was on the agenda. All requirements had been made.
Moved by Fortino,
Supported by O'Shea, RESOLVED, to approve SDD/SDM transfer at 6640 Cooley Lake
Road.
Motion carried unanimously.
A permit for a Block Party in Whispering Oaks Subdivision was requested by the Board. Police and fire approval had not yet been received because of lateness of the request.
Moved by Fox,
Supported by Moore, RESOLVED, to approve the Block Party in Whispering Oaks
Subdivision, contingent upon police and fire approval.
Motion carried unanimously.
Moved by Fox,
Supported by Maloney, RESOLVED, to adjourn at 7:50 PM.
Motion carried unanimously
___________________________
Betty Fortino, Clerk
____________________________
Carl W. Solden, Supervisor
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