CITY of NOVI CITY COUNCIL

Agenda Item 0November 10, 2008

cityofnovi.org

SUBJECT: Approval of staff and Consultant Review Committee recommendation to award a two-yearcontract with DRN & Associates, Architects, PC for architectural fagade consulting serviceseffective December 1, 2008.

SUBMITTING DEPARTMENT: City Manager'sOff~~CITY MANAGERAPPROVA~BACKGROUND INFORMATION: The City Council approved a two year agreement with METCO

Services, Inc. in April 2007 for architectural fagade review services. Staff was very satisfied withthe services provided under the METCO agreement during the course of the past year and, inparticular, with the primary consultant assigned to Novi, Doug Necci. Unfortunately, in September2008, the City received notification from METCO that their Board of Directors elected to phase outall architectural services and would no longer be able to prOVide the architectural fagade reviewservices to the City.

Since then, Doug Necci formed his own company, DRN & Associates, Architects, PC andsubmitted a proposal to continue the services under the same terms and fees as the City'sagreement with METCO. Staff reviewed the information submitted and recommends that thiscontract be transferred to DRN & Associates for the architectural fagade review services. TheCRC reviewed these materials at their meeting of October 30th and concurs with the staffrecommendation to approve a two-year contract with DRN Associates under the same terms andfee schedule as the previous agreement with METCO.

RECOMMENDED ACTION: Approval of staff and Consultant Review Committee recommendation toaward a two-year contract with DRN & Associates, Architects, PC for architectural fagadeconsulting services effective December 1, 2008.

1 2 Y NMayor LandryMayor Pro Tem Capello

I Council Member CrawfordCouncil Member Gatt J

1 2 Y NI Council Member MargolisI Council Member MutchLCouncil Member Staudt

TO:

FROM:

SUBJECT:

DATE:

MEMORANDUM

Clay Pearson, City ManagerPam Antil, Assistant City Manager

Steve Rumple, ~on]!!lW1ity DevelopmentBarbara McBetH?tommunity Development

Architectural Fagade Consultant

October 24, 2008

We are receipt of a letter dated September 30, 2008 from Mr. Raj Vijayendran, President ofMETCO Services, expressing the desire of METCO to terminate fagade consulting services with theCity of Novi prior to the end of the contract. We note that METCO provided temporary services forthe City of Novi when the previous consultant, NSA terminated the contract with the City in August2006, and METCO was one of eight bidding contractors when the contract went out for bids in early2007. METCO was awarded the contract and has served as the City's fagade consultant since thattime. The initial contract period was for a two-year period with an option for a third year andbecame effective on City Council's approval starting April 16, 2007.

Mr. Vijayendran states that his firm is committed to maintaining services to the City of Novi for areasonable period of time. To maintain continuity of the services during the interim period, METCOentered into a subcontract arrangement with Mr. Douglas R. Necci, who has been a primary contactwith the City staff and Planning Commission for the duration of the contract with METCO. Serviceswill continue to be provided during this interim period per the approved contract.

We have received a proposal for continued architectural fagade consulting services from Mr.Necci's new company, DRN and Associates, Architects, PC. The attached proposal mirrors theapproved contract with METCO in terms of responsibilities and fee structure. Mr. Necci haspledged uninterrupted service to the City and would assume responsibilities for all of the reviewsand reports currently underway. Mr. Necci has an arrangement to take possession of all files,reports, sample boards and other records held by METCO. Liability insurance for DRN &Associates has been demonstrated, as well.

We are satisfied with the services provided by Mr, Necci and pleased that he is able to offercontinued services to the City of Novi. We are in support of the attached proposal to continueunder the terms of the contract which will extend until April 16, 2009.

We respectfully recommend that DRN & Associates be offered the opportunity to provide fagadeconsulting services as the same rate of fees as the previous contract approved for METCO inMarch 2007 and request that this matter be forwarded to the Consultant Review Committee forconsideration.

c Tom Schultz, City AttorneyCharles Boulard, Building Official

-.-

SEPTEMBER 30, 2008 LETTERMETCO SERVICES, INC.

METeo SERVICES, INC.ENGINEERS, ARCHITECTS & SURVEYORS

1274library . Delroit . Michigan . 48226 • (313) 961-4560 • Fax (313) 961-1698

September 30, 2008

City of Novi45175 W. 10 Mile Rd.Novi. MI 48375

Attn: Clay Pearson - City Manager

Re: Architectural Fac;:ade Consultant Services

Dear Mr. Pearson,

This letter is to inform you that METCO's Board of Directors has elected to phase out allarchitectural services and as such will no longer be able to provide the requisite stafftoperlorm work under said Contract and therefore, we request to be released from thecurrent contract for Architectural Facade Consultant Services with the City of Novi.

METCO would be happy to continue to provide services for a reasonable period of timeuntil other alternates can be made by the City of Novi. To maintain the continuity ofservices during the interim period, METCO has entered inlo a sub-contract arrangementwith Mr. Douglas R. Nebci under which required services will be rendered as per thecurrent contract We would anticipate that a more permanent arrangement suitable tothe City can be made within approximately one month.

We understand that Mr. Necci will be available to assume Architectural Fac;:adeConsultant Services and we are fUlly supportive of this and will cooperate in effecting anorderly transition in every way possible.

If you have any questions please donot hesitate to call the undersigned at (313) 961­4560.

Sincerely,

M TC0I'~ERVICES, INC.

U0--'-1 tZ--' j

R . Vijayendran, P;;....Gf/,;.--­Pr ident

cc: Steve RumpleBarb McBethCharles BolJlardDouglas R Necci

OCTOBER 24, 2008PROPOSAL FOR FACADE SERVICES

DRN & ASSOCIATES, ARCHITECTS, PC

:lI Phone, (24BIB80,6523~ .. E-Mllil: amrcci@drnarchitec-ls.com~ . Web: drnarchitects.com

DRN & ASSOCIATES, ARCHITECTS, PC

CITY OF NOVICONSULTANT - ARCHITECTURAL FA<;ADE SERVICES

PROPOSAL

October 24, 2008

City ofNovi45175 W. 10 Mile Rd.Novi, MI48375

Attn: Clay Pearson - City Manager

Re: Architectural Fayade Consultant Services

Dear Mr. Pearson,

DRN & Associates PC is pleased to submit this Proposal for Fayade Consultant Services. DRN &Associates PC proposes herewith to assume all terms, conditions, duties and responsibilities set forth inthe Contract for said services dated March 19, 2007, and effective April 16, 2007. The specific dutiesand responsibilities are outlined in Exhibit B of that contract. A copy of the Contract including Exhibit Bis attached herewith for reference (Exhibit Y). This proposal is submitted pursuant to CUlTent consultantrequest to be released from said contract.

DRN & Associates PC proposes to maintain uninterrupted service to the City. For that purpose DRNwill assume responsibility for and complete all reviews that are in-progress at this time and honor allCUlTent deadlines for said reviews.

DRN & Associates will take possession of all files, reports, sample boards, and other records in thepossession of the CUlTent consultant and will maintain them in suitable facilities.

DRN & Associates, Architects PC has obtained the requisite liability insurance as evidenced by theattached Certificate of Insurance (Exhibit Z).

DRN & Associates, Architects PC proposes to provide the above reference services for the fees listedbelow, which are identical to those contained in the CUlTent contract. It is understood that these fees willremain in effect through the telTl1 of the contract which ends on approximately April 16, 2009.

Page 10f4

Novi Fayade Consultant ProposalOctober 24,2008

Fees for Services

A, Single Family Detached Dwelling Units (Building Dept)

AJ SimilarlDissimilar ReviewAdditional ReviewsReview of rear Fa9ade

A2 Michigan Residential Code (MRC) Reviews (Note I)Additional ReviewsTruss Review (no longer required)

DRN & Associate.s. Architects, PC

$120,00 ea,$95.00 ea.$35.00 ea.

$140.00 ea.$115.00 ea.

$35.00 ea.

Note I - Michigan Energy Code Review, Brick Ledge, and Top of Footing Review are includedin A2. Brick ledge and Top of Footing reviews consist of examining elevations on approved PlotPlan to correspond to sectional view showing elevation of brick ledge on foundation.

B. Commercial Building Architectural Review (Planning Dept.)

BJ Fa9ade Reviews (Note 2)Buildings up to 5,000 S.F.Buildings 5,001 S.F. to 15,000 S.F.Buildings 15,001 S.F. to 50,000 S.F.Buildings 50,001 S.F. and above

B2 Site Inspections for Material Sample Board ComplianceEach Subsequent Trip

$300.00 ea.$700.00 ea.

$1,100.00 ea.$1,300.00 ea.

$130.00 I Trip$70.00 I Trip

Note 2 - Multiple building on the same submission shall be treated as separate submissions.Reviews of the initial response from the applicant are included in above fees. Additional re­submissions for the same project shall receive full additional flat rate fees.

C. Generic Services

C.IC2C.3C.4C.5C.6C.7C.8C.9C.IO

Page 2 of4

Attendance at (Tuesday) Consultant MeetingsAttendance at City Council or Planning Commission MeetingsAdditional Meetings (non-review related)Expert WitnessDevelopment and/or Revisions to Fa9ade OrdinanceOther Special Projects requested by the CityIn-house Training of staffContinuing Education for Public Act 54 RegistrationExpert Witness or related activityDevelopment I Revision to Fa9ade Ordinance

$250.00IMtg.$400.00IMtg.Hourly (see D.5)Hourly (see D.5)Hourly (see D.5)Hourly (see D.5)N/CN/CHourly (see D.5)Hourly (see D.5)

Novi Payade Consultant ProposalOctober 24. 2008

D. Reimbursable Cost

DRN & Associates. Arcbitccts. PC

D.ID.2D.3D.4D.5

Mileage (within 50 mile radius)Postage, phone, fax, E-Mail, and in-office reproductionOutside Office ReproductionsStorage of in-process plans and Material Sample BoardsPersonnel Hourly Rate Classifications: *

Licensed Architect (Doug Necci)Graduate Architect / ACT 54 CertifiedGraduate ArchitectClerical/Administrative Support

The above rates shall apply to the remaining term of the contract.N/C = No Charge

N/CN/CCost + 3%

N/C

$125.00$90.00$80.00$35.00

ExperienceAll reviews will be performed by Mr. Necci whose experience spans over 24 years in the followingareas of service to the City ofNovi.

}> Fal'ade Ordinance Review}> Attending Pre-Application Meetings, when requested}> Fayade Inspections>- Ordinance Maintenance - development and / or revisions);> Providing periodic Planning Commission Orientations}> Similar / Dissimilar Ordinance Reviews}> Responding to inquiries from applicants}> Attending Planning Commission and City Council meetings, when requested.}> Michigan Residential Code Reviews}> Residential Structural Review}> Michigan Energy Code Reviews}> Attending Consultant coordination meeting bi-weekly Tuesday meetings)}> Expert witness, when requested}> Fayade sample board inventory, storage and delivery}> Coordination with related Consultants (Woodlands, Wetlands, Engineering)}> Participate in orientations with Builders (BASM)}> Continuing education for ACT 54 and AlA certifications

Approach to Facades ReviewsAs Fayade Consultant, we believe our principal responsibility is to assist the City Administration inmaintaining consistently high quality architectural design in Novi. While the Facade Ordinance providesan excellent framework for this, it is not a guaranteed formula for quality architecture. Therefore, as afirst step, we look at every application through the eyes of an Architect. We ask; "Will it harmonize withits surroundings or stand out like a sore thumb", "Are the proportions balanced or disjointed", "Is itunique while being tasteful, or gimmicky so as to be but of style in a short time." If a building fallsshort, we first attempt to resolve things with the applicant. This is always done within the context of theOrdinance, in a friendly and constructive manner, without imposing our design ideals on the applicant.When the applicant asks "how can we meet the Ordinance", we will offer suggestions. We find that inalmost every case this dialogue is welcomed by the applicant and has positive results allowing a positiverecommendation to the Planning Commission. When we are unable to recommend approval, a negative

Page 3 of4

Novi Fayade Consultant ProposalOctober 24. 2008

DRN & Associates. Arc.hitects, PC

recommendation letter will be provided to the Staff Planner. A negative recommended will alwaysinclude a detailed explanation of how the design was inconsistent with the Ordinance and give somedirection as to how compliance may be achieved. In such cases the matter of Facades will likely bediscussed in greater detail during the Planning Commission public meeting. We are available toparticipate in all Planning Commission and City Council meetings, and would anticipate being invited incases where Fa\,ade Ordinance issues exist, and in particular when a "Not Recommended" letter waswritten.

We also anticipate participating in occasional workshops with City Commissions and staff to reach ashared vision for the high aesthetic quality of all buildings in Novi, and to facilitate feedback critical toassuring that the City's overall goals are being achieved.

Approach to Similar / Dissimilar ReviewsSimilarlDissimilar Ordinance applies to all single-family detached dwellings, and is handled in much thesame way as the Fa\,ade Ordinance, with respect to working with the applicant to achieve compliance.As with all of our reviews, rejections are a means of last resort. While this requires more time and effortit is essential to being pro-active and providing better service to the City's clients. The Ordinance hasbeen in effect for over 20 years and has contributed significantly to Novi' s unique and high valuedresidential market. Mr. Necci has in fact provided these reviews for approximately 18, ofthose years.

Approach to Building Code ReviewsResidential plans will be reviewed for compliance with the 2006 Michigan Residential Code. UnlikeFacades, Building Code reviews are much less subjective in nature and essentially involve making surethat code compliance information is adequately indicated on the drawings to be used in the field forconstruction. Maintaining the quality of these reviews requires a thorough knowledge of the BuildingCode, including periodic updates, interpretations, and changes that are an integral part of the BuildingCode process. In addition, meetings between the Consultant and the Building Department are held to notonly keep us abreast of code changes, but more importantly to provide feedback from inspectors as toissues that are being encountered in the field.

Quality of All ReviewsApplicants are more satisfied with the review process if a few simple qualities are observed. Obviously,the reviews must be fair and consistent. But just as importantly, they must be delivered in a timelymanner. DRN & Associates typically does a thorough review within a few days of receipt. We havefound by experience that while unfavorable reviews are never really welcomed by the applicants, atimely response is always appreciated and encourages constructive dialogue. But an incomplete reviewdelivered quickly accomplishes little. There is nothing more frustrating that issues being raised in asecond or third review that were present on the plans in the first review.

Sincerely,DRN & Associates, Inc.

<2.. ////£P2/~;'b:~las R. Necci AlA - President

Page 4 of 4

Attachments: Exhibit "Y" - Fayade Consultant Contract

Exhibit "Z" - DRN Certificate of Insurance

EXHIBIT "Y" - CURRENT CONTRACT

EXHIBIT "Y" - CURRENT CONTRACT

CONTRACT FOR PROFESSIONAL SERVICES

THIS CONTRACT FOR PROFESSIONAL SERVICES ("Contract"), dated March 19, 2007 andeffective April 16, 2007, is by and between the City of Nnvi, a Michigan municipal corporation, whoseaddress is 45175 W. Ten Mile Road, Novi Michigan, 48375 (hereinafter referred to as "Client"), andMETeO Services, Inc., whose address is: 23917 Cass Street, Fannington,:MJ 48335 (hereinafter referredto as "Consultant").

THE CLIENT AND CONSULTANT AGREE AS FOLLOWS:

Articlel. Statement and Performance of Work.

For payment by the Client as provided under this Contract, Con;su1tant shall perform the work, duties andresponsibilities desCribed on and in Exhibits A (fees) and B (the "work"), which is attached hereto andmade a part of this Contract by this reference, in a competent, accurate, efficient, timely, good,professional, thorough, complete and responsible manner, and in compliance with the terms andconditions set forth below.

Article II. Timing ofPerformance.

Performance of this Contract shall commence on April 16, 2007 upon execution by both parties; andperformance of the work shall be completed according to the timing set forth as part of this agreement,including Exhibits A (Fees) and B (Scope of Work). The timing for performanoe of any such work maybe extended for additional specified periods of time, if allowed in writing by the Client in its solediscretion. Services on each phase after the first phase shall COllll1lence only after Client's authorization toproceed. Out-or-sequence services (Le., commencement of work on a future pha!;e, before completion ofa prior phase), if requested and ultimately not accepted by Client as part of the overall project, shall becompensated as Additional Services.

ArticleID. CllUtract Price lind Payment.

A. Subject to the tenns and conditions of this Contract, the Client agrees to pay Consultant in theamount, matmer, and. according to the timing for making such payments set forth in Exhibit A(referred to inthis Contract as "payritents"). Such payments are in. exehange for and consideration ofthe timely and satisfactory perfonrtance and eompletion of the work required under and pursuant tothis Contract

B. Consultant .acknowledgesthat the attached Exhibits A (Fees) & B (Scope of Work) include certain"pay forperfoJi;na!lce" proViSions. Project plan reviews shall be due fifteen (IS) days from the dateof delivery toConsUltaIltby\he City (or by an applicant directly) ofall materials necessary tocomplete a plan reVie\V aSSignment. ForjJt(lJect plan i:"eyjews delivered on time, Consultant shall beentitled to 100%ofthefe~ eSfu.blished for the review. On time delivery ofm~ews means delivery tothe City~loy,*te$P~n~ible.forcoordination of a project on Or before the due date. Late deliveryofa project plan revie\V sral~ entitle the qty to reduce the fee paid to Con;su1tant by five (5%) percentforeach daytll~reviewisnbtdeliven!d Dn time notto t;;tceed $500 per day. AtConsultant'srequest,in umlsual circumstances in which delivery of the review on time is prevented by circumstancesbeyondCClnsultanfscOi1trol,sueh as a delay inre<:[uired respotise(s)hy other consultants or Cityempl(}yees, this reduction may be waived by the City Manager or his or her designee. Consultantmay also request an eX(jmsion of the project due date in advance, in the case of an usually e"tensiveor complicated review or project

EXHIBIT "y" • CURRENT CONTRACT

C. The Client agr"es to pay Consultant amounts due within thirty (30) days of receipt of an itemizedbilling/invoice from Consultant detailing all work performed and provided in cormection with thebilling and the hours and charges applicable to each such item of work Such itemized billings shallbe submitted and shall be paid only upon satisfactory completion of the work itemized in the billing:.

D. All costs and expenses incurred by Consultant in the course of performing the work under thisContract are deemed to be inclmied in the hourly fees and amounts set forth in Exlubit A, unlessspecifically identified in Exhibit A as reimbursable expenses and such expenses have been approvedby tha Client or its designee.

E. Consultant will obtain written approval of the Client prior to proceeding with any services or workthat is not Slated on Exluoit B; ot4erwise the Client will not be billed for such extra/additionalservices or work.

F. Payments shall be made upon verification of invoices received by the Client. All payments toConsultant shall be submitted by mail at Consultant's address first listed above, unless Consultantprovides written notice of a change in the address to which such payments are to be sent.

Article IV; Termination.

A. This Contract, including any exte~on or amendment of this Contract, may be terminated at any time.with or without cause, by the Client upon thirty (30) calendar days' written notice to the other party.In such event, the effective date of such termination shall be the 30" calendar day following the dateof the written notice of such tennination.

R In the event this Contract is tenmnated prior to completion of the work, the Client shall not beresponsible to make any further payments for work performed after the effective date of suchtermioation, a:nd shall pay Consultant for such work as has been completed and is eligible forpayment under the terms of this Contract througp the date of such termination. In all events, theClient shal! only be responsible to make the payments described in the preceding sentence if, at theClient'sreques~ Consul~t continues to fully perl'0rm il$ duties and obligations in full compliancewith the terms ofthis Conttact through the effective date of the termination. Additionally, terminationshall not relieve Consultant of its obligatio~ to pwvide qient with all of the plans and productgenerated under this Contract througp. the effective date of termination. Articles V, VI, vrr and VlIIof this Contract shall survive completion of the work and any termination otthis Contract.

C. Prior to the effective date of any. termination or prior to thecol1lpletion of the ,:"ork (including anyextension of the timing for completion), whichever is the first to occur, COj1Sultant shall deliver to theClient all reports, opinions, compilations, research w9rk, stodies, data, l1laterials,iJ-r(i.facts, samples,documents, plans, drawings, specifications, correspondence, ledgers, pe;mits,applications, manuals,contracts, accountings, schedules, maps, logs, in,voice;s, t>lllings, photO(IJaphs, vipeotapes and othermaterials in its possession or control that is gathered or generated in the course ·of performiog thework or that relates to the workin any way;providedthat C011S\lltantrpayretalrJ a copy ofsuchmaterials for its files. The Client sha~l be permitle(! to wit4hold any p<1:ymentl> and reimbursements.otherwise owing to Cons.ultant lI'lder. the terms of this C>;lntract until;l)J such materials are deliveredto the Client in accordance with the terms and conditions o(this Contract.

2

Article V,

EXHIBIT "Y" - CURRENT CONTRACT

Independent rontractor Relationship.

A, In the performance of this Co: .tract, the relationship of Consultant to the Client shall be that of anindependent contractor and not that of an employee or agent of Client Consultant is and shall performunder this Contract as an independent contractor, and no liability or responsibility with respect tollenefits of any kind, including without limitation, medical benefits, worker's compensation, pensionrights, or other rights or liabilities arising out of br related to a contract for hire or employer/employeerelationship shall arise or accruetoeifuer party as a result of the perfonnance ofthis Contract

B, Consultant, as an independent contractor, is not authorized to enter into or sign any agreements onbehalf of the Client or to make any representations to third parties that are binding upon the Client.Although Consultant is required under this Contract to advise, make reeommendations to and to alimited extent represent the Client, all plans, studies, applications, submittals, surveys, reports and anyother information relating to the work must be submitted to and approved by the Client or the Client'sauthorized official prior to being disseminated to any third party and shall only be so disseminated ifsuch dissemination is approved in advance by the Client or an authorized Client officiaL

C, Consultant represents that it will dedicate sufficient resources and proVide all necessary personnelrequired to perform the work described in Exhibit B in accordance with the terms and conditions ofthis Contract. Except as may be speeificaJly stated and agreed to in Exhibit B, Consultant shallperform all of the work under this Contract and no other person or entity shall be assigned or sub·contracted to perform the work, or any part thereof, unless approved by the Client in advance,

Article VI: Liability and Insurance.

A, Consultant agrees to indemnify and hold hann1ess the Client, its elected and appointed officials andemployees, from and against any and all c1aims,demands, suits, losses and settlements, includingactual attorney fees incurred and all costs connected therewith, for any dJunages which may beasserted, claimed or recovered against the Cliellt by reason of (i) personal injUry, death and/orproperty damages which arises out of or is in any way connected or associated with the actions orinactions of Consultant in performing or failing to perfonn the work, or (n) ciVil damages Which ariseout of any dispute between Consultant and its subcontractors, affiliates, employees or other privatethird parties in connection with this Contract.

B, Consultant shall provide evidence of adequate insurance coverage in tlIe types and amounts set forlhin the Request for Qualifications dated January 2007, which is attached hereto and incorporatedherein 1>y this reference, Suehinsurance shall be maintained at the speCified level of coveragcthroughout the term of this Contract, including any extension of such term, and will cover aU work,acts and omissions by and on behalfof Consultant in connection with this Contract, with the Client asnamed additiortal insureds, but with such coverage being primary and non-conlnoutory as describedin the Request for Qualifications dated January 2007,

Article Vll, Information.

It is expressly acknowledged and agreed that all reports, opinions, compilations, research work, stodies,data, materials, artifacts, samples, docUJnents, plans, drawings,specifications, cornespondence, ledgers,pennits, manuals, applications, contracts, accounlings, schedules, maps, logs, invoices, billings,photographs, videotapes and all other materials generated by and/or coming into thl; possession ofConsultant during the tenn of this Contract, and any extensiol1 thereof, that in any Way relate to theperformancc of work by Consultant under this Contract or that are otherwise related or relevant to the

3

EXHIBIT "Y" - CURRENT CONTRACT

work, belong exclusively tD the Client and shail be prvruptly delivered to the Client upon the temlinatiDnof this Contract or, at any time, upon the Client's request

A.rticle vm: Accuracy.

Consultant promises that the infonnation it provides in the work to be performed under this Contract willbe accurate, excepting only inaccuracies resulting from incorrect information provided by the Clien~ theTownship, other consultants and/or other pUblic sources. Consultant will not charge Client for necessarycorrections to its work and will be responsible for any increased cost incutred by the Client as a result ofany inaccuracies in the work, excepting inaccuracies resulting from incorrect information provided by theaient, the Township, other consultants and/or other public sources.

Article LX: General Provisions.

A. Entire Agreement. This instrument, together with the attached Exhibits, contains the entire CDntractbetween the Client and Consultant. No verbal agreement, conversation, or representation by orbetween any officer, agent, Dr employee of the parties hereto, either before or after the execution ofthis Contract, shall affect or modifY any of the terms or obligations herein contained.

B. Compliance with Laws. This Contract and all of Consultant's work and practices shall be subject toall applicable state, federal and local laws,ordinances, rules or regulations, including withoutlimitation, those which apply because Client is a public .governmental agency 9r body. Consultantrepresents that it is in compliance "viih aflsuch laws and eligible and qualified to enter into thisContract.

C. Governing Law. This Contract shall be govemed by the laws of the State Qf Michigan.

D. Assignment. Consultant shall not assign this Contract or any part thereof without the written coilsentof the Cllent. This Contract shall be binding on the parties, their successors, assigns and legalrepresentatives.

E. Dispute Resolution/Arbitration. The parties agree that any displ.J1es regarding a claimed Violation ofthis agreement shall frrst be submitted in writing to the other party in an attempt to settle the matterbefore pursuing other tegal actions or notices provided for in this agreement. Such writtencommunication shall clearly state the problem or concern, allow sufficient tline for a written responseform the other party, and culminare in a face-to-face meeting to determine if a remedial action ispossibl.~.•)n r;oevent shall this process take more than thirtY 00) days, !ln1ess a specific extendedperiodoftiIDeis agreed tOby both parties in writing as b,ingnecessary. The aforementioned initialwritten communications between the parties also shall indicatewhether the party is willing to submitthe dispute to binding arbitration, non-binding mediation \lr other fOIm ofalreniate dispute resolution,and share equally the costs fDr same. Upon the parties agreeing to my such method of disputeresolution md. a timetable fot doing so, pursuit of other legal actions shall be deferred until theprocess has been completed. In any binding arbitration, the arbll:j'atOfshalJ provide a writtenstatement of the reasons and basis for an award or decision, a judgment of the Oakland CountyCircuit Court may be entered based on the arbitration award Qr decision, and each party shall bereSponsible for their own costs and attomey fees.

F. Third Parties. It is the intention of the parties hereto that this Agreement is not made forihe henefitofany private third party. It is aelmowledged that Client may receive a pOltion of the funding for thepayments under this Contract from one or more private sources, and it is understood by Consultantthat it is hired by Client to work exclusively for Client (and by extension for the Township should the

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EXHIBIT "Y" - CURRENT CONTRACT

work be accepted and implemented by the Township) and Consuli:2nt agrees that no private party orparties will be allowed to hold sway or influence, in any way, over Consultant's performance of thework.

G. Notices. Written notices under this Contract shall be given to the parties at their addresses containedin this Contract by personal or registered mail delivery to the attention of the following persons:

Client: City Manager Clay J. Pearson and City Clerk Maryanne CorneliusConsultant

H. Changes. Any changes in the provisions of this Contract must be in writing and signed by the Clientand Consultant.

I. Waivers. Nq waiver of any term or condition of this Contract shall be binding and effective unless inwriting and signed by all parties, with any such waiver being limited to that circumstance only andnot applicable to subsequent a.ctions or events.

J. Jurisdiction and Venue ofContract. This Contract shall be considered for all purposes, inclUding theestablishment of jurisdiction and venue in any court action between the parties, as having becnentered into and consummateq. in the City ofNovi, Oakland County, Michi.gan.

K. Conflict. In the event of any conflict or inconsistency between the above provisions of this Contractand either or both of the attached Exhibits, thc provisions in the ahove text shall govern.

1N WIl'1'<ItSS WHEREOF, the Client and the Consultant have executed this Contract in OaklandCounty, Michigan, as of the date fIrst listed above.

City efNovi ("Client"):

~:J··12(~

612363

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EXHIBIT "y" • CURRENT CONTRACT

EXHIBrrA

See Attached Fee Exhibit effective 04.16.07

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EXHIBIT "Y" - CURRENT CONTRACT

EXHIBITB

PROJECT OVERVIEW, SCOPE & REQUIREMENTS

The following describes the duties and responsibilities of the Architectural Fa\'ade Consultant

1. Michigan Residential Code Reviews.

2. Similarfdissin1ilar ordinance review for residential construction.

3. Exterior building wall fayede materials reviews, reports, and field inspections for commercial,industrial, and residential projects as part of the City's site plan review process;

4. Consultant must be able to complete applicant reviews, including all field inspections andwritten documentation and reports to City, within fifteen (1$) business days from receipt. Apenalty will be applied by the City for each day the review is not delivered on time byConsultant. Subsequent follow-up reviews must be completed within fifteen (15) businessdays .. The same penalty shall apply if this review timeline is not met by ConSultant.

s. At the request ofthe City, Consultant must be able to complete some applicant reviews withinfive (5) business days to meet an expedited schedule as determined by the City.

6. Coordination with all other diSciplines (e.g., Planners, City attorneys).

7. Must be able to provide court testimony for ordinance enforcement, litigation, etc.

8. Attend public meetings, hearings, homeowner association meetings, etc. as directed andcoordinated by the City ofNovi.

9. A registered architect must be identified as one of the principals who would be assi~ed to theCity cifNovi.

10. All individuals assigned to the City ofNovi must meet Public Act 54 Stete ofMichiganRegistration requirements for building code review and all applicable Stete and localrequiremeI).ts.

7

City of Nov! - Pa~ade Consultant R.F.Q. EXHIBIT "y" -CU~~OORACT

CITY OF NOVICONSULTANT ARCillTECTURAL FA<:;::ADE SERVICES

PROPOSED FEES: Please note iliat the fee strUcture shown below is cUrrently being used by the City,

(The fees that rtre currently in effect arc shown in blue. fcw reference. These: have {~CI1 ineffr:ct fbr nppro.'\;fJ1~~cly 1years. tn ~lierrl'l METCO~s prnposed fee's rerl~esent ~ marginAl increase ofapprdi(iq13lefy -I Q1.1o M!4

A. Single Family Detached Dwelling Units (Building Dept.)

A.I SiniilarlDissimilar ReviewAdditional ReviewsReview ofrear Fa"ade

A.2 Michigan Residential Code (MRC) Reviews (Note 1)Additional ReviewsTruss Review (no longer required)

$120,00 ea,$95,00 ea.$35.00 ea.

$140.00 ea.$115.00 ea.

$35,00 ea.

Note 1 - Michigan Energy Code Review, Brick Ledge, aild Top of Footing Review areincluded in A.2. Brick ledge and Top of Footing reviews consist of examiriing elevations onapproved Plot Plan to correspond to sectional view showing elevation of brick ledge onfoundation.

B. Commercial Building Architectural Review (Plal1l1ing Dept)

B.I PfiQade Reviews (Note 2)Buildings up to 5,000 S.F.Buildings 5,001 S.F. to 15,000 S.F.Buildings 15,001 S.F. to ~o,oOO S.F.Buildings 50,00 I S.P. and above

13.2 Site lrispections for Material Sample Board ComplianceEach Subsequent Trip

$300.00 ea,$700.00 ea,

SI, I00.00 ea.$1,300.00 ea.

$130.00 I Trip$70.00 I Trip

Note 2 - Multiple building on the same submission shall be treated as separate submissions,Reviews of the initial response from the applicant are incluoe4 in above fees. Additional re­submissions for the same project shall receive fult additional flat tate fees.

Pagelof2

EXHIBIT "y" -C~~TRACT

C. Generic Services

C.lC ?

.~

C3C.4C.5C.6C.?C.8C.9C.IO

Attendance at (Tuesday) Consultant MeetingsAttendance;;t City Council orPlanning COlnmission MeetingsAdditional Meetings (non-review related)Expert WitnesllDevelopment and/or Revisions to Fayade OrdinanceOther Special Projects requested by tbe CityIn-house Training ofstarrContinuing Education for Public Act 54 RegistrationExpert Witness or related activityDevelopment I Revision to Fayade Ordinance

$250.00/Mtg. :$400.00/Mtg..Hourly (see D.5)Hourly (see 0.5)Hourly (see D.5)Hourly (see D.5)N/CN/CHourly (see D.5)Hourly (see D.S)

D. Reimbursable Cost

D.l Mileage (within 50 mile radius)

D.2 Postage, phone, fax, E-Mail, and in-office reproduction

D3 Outside Office Reproductions

0.4 Storage oCin-process plans and Material Sample Boards(Please note that METCO has already rented a heated,Mini-Storage: Suite, conveniently located midway betweenMETCO and City Hall, for the sole purpose cifstoring theMaterial Sample Boards and files.

0.5 Personnel Hourly Rate Claisifications: *Licensed Architect (Doug Need)Graduate Architect I ACT 54 Certified (AI Hall)Graduate Architect (Dan Martel)Clencall Administrative Support

N/C

N/C

Cost + 3%

N/C

$125.00$90.00$80.00$35.00

Th~ above rates '~haJJ apply to the two year term of this contract.

"AddlHonaI categories are available on MEteo 2007 Rate Sch¢duls, -available 'UPQI'\ request

NfC. =NQ Ch'lll>

E>cHIB,r IiA"-~EffeeJ1 ve. 0'+.' '- .Crr Pnge 2 of2

EXHIBIT "Z" - CERTIFICATE OF INSURANCE

l\C°RLt CERTIFICATE OF LIABILITY INSURANCE IDATE (MMIDONYYY)

10/21/2008PRODUCER (800)969-4041 FAX (800)969-4081 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIONProfessional Concepts Insurance Agency Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE

1127 South Old US Highway 23HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

Brighton, MI 48114-9861INSURERS AFFORDING COVERAGE NAIC#

INSURED D.R.N. &Associates, Architects, P.c. INSURER A: Hartford Fire Insurance Co 0091450850 Applebrooke Dr. INSURER B: XL Specialty Ins. Co.Northville, MI 48167 INSURERC;

INSURER D:

INSURER E;

COVERAGESTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITiON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED ORMAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCHPOLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

IIN~ r,p.!/;I TYPE OF INSURANCE POLICY NUMBER PR,,~~EFFECTNE POLICY EXPIRATION LIMITS

GENERAL L1AI3IUlY 35SBUVS0422 10/15/2008 10/15/2009 EACH OCCURRENCE $ 1,000 000X COMMERCIAL GENERAL LIABILITY DAMAGE T9",~ENTED $ 300,000

ICLAIMS MADE 00 OCCUR MED EXP (Anyone person) $ 5,000A PERSONAL & ADV INJURY $ 1,000,000-

GENERAL AGGREGATE $ 2,000,000-GEN'LAGGREGATE LIMIT APPLIES PER PRODUCTS"COM~OPAGG

, 2,000,000I' nPRO nPOLICY JEcT ' LOG

~T::~8;~~~LABILITY 35SBUVS0422 10/15/2008 10/15/2009 COMBINED SINGLE LIMIT $(Ea accident) 1,000,000-ALL OWNED AUTOS

- BODILY INJURY{Par person) $

A XSCHEDULED AUTOS

HIRED AUTOS BODILY INJURYX (Per accident) $NON·OWNED AUTOS.:..:...

I- PROPERTY DAMAGE ,(Per accident)

RRA"E LIABILITYAUTO QNlY - EA ACCIDENT ,

ANY AUTO OTHER THAN EAACC $

AUTO ONLY: AGG $

EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $

~ OCCUR D CLAIMS MADE AGGREGATE ,$

~ DEOUCTIBLE $

RETENTION $ $

WORKERS COMPENSATION AND IT"/,~~T~I#o I IOJ~.EMPLOYERS' LlABllllYANY PROPRIETOR/PARTNER/EXECUTIVE E,l, EACH ACCIDENT $

OFFICER/MEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $

~~~~I~Ls~~~v~g?6~s below EL DISEASE· Pouey UMIT $

Ollir, , 1Liability

DPS9615105 10/15/2008 10/15/2009 Limits:Pro eSSlonaB laims Made $1,000,000 Per Claim

$1,000,000 AggregateDESCRIPTION OF OPERA110NS I LOCA110NS I VEHICLES f EXCLUSiONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS

CERTIFICATE HOLDER CANCELLATIONSHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAll

~ DAYS WRITIEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT,

BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY

OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.

City of Novi AUTHORIZED REPRESENTATIVE-rYf,;A,.J C'3""'--

Mike Cosqrove/JB

ACORD 25 (2001/08) ©ACORD CORPORATION 1988