dearborn heights, michigan 02-25-14-ocr.pdf · 7-jl parks and recreation kenneth p. grybel director...
TRANSCRIPT
7-Jl Parks and Recreation
Kenneth P. Grybel Director
TO:
FROM:
DATE:
RE:
Honorable Mayor DanielS. Paletko
Honorable City Council Members
Kenneth P. Grybel, Director of Parks & Recreation
February 17, 2014
Bid Requests for One (1) Elliptical Exercise Machine
Daniel S. Paletko Mayor
APPROVED FOR AGENDA OF
Enclosed for your review and approval are bid specifications for the purchase of one (1)
new Elliptical Exercise Machine for the R.A. Young Recreation Center. Funds to pay for this
purchase have been budgeted in the 2013-14 R.A. Young Recreation Center's Capital Outlay
Account 11692-981.
I am requesting that the Honorable City Council authorize the City Comptroller to
advertise for one (1) Octane Fitness Pro 4700 Elliptical Exercise Machine or equal as outlined in
the attached specifications. Your concurrence would be appreciated.
Director
Parks & Recreation
Enclosures
KPG/df
~
"· ~ RECYCLED PAPER City of Dearborn Heights • 1801 N. Beech Daly • Dearborn Heights, Ml 48127 • 313 1 791-3600
A.
BID SPECIFICATIONS
Elliptical Exercise Machine
Octane Fitness Pro 4700 or Equal
Features
1. Stride Lengths 18" to 28'
2. Pedal Spacing 1.8"
3. Resistant Levels- minimum of 30
4. Self-Propelled
5. Heart Logic Intelligence
6. Must be CSAFE
7. Must be Fitlinxx compatible
8. Must have a wireless heart rate monitor
9. Reading Rack
10. 3 speed console fan
11. Digital contact heart rate on moving handlebars
12. Water Bottle Holder
13. Number of workout options: minimum of 22
14. Must have a minimum of 7 Heart-Rate Controlled Programs
15. Must offer the following Advance Program Options
a. Cross Circuit Solo & Group
b. 30:30 Interval
c. MMA
d. Constant Watts & MET's
16. Stride Length Programs
a. PowerWalk
b. Stride Interval
c. Dual Direction
17. Must offer a minimum of 4 workout boosters
18. Entertainment Options
a. Personal Viewing System
b. Wireless 900 Mhz
c. Embedded Touch Screen
B. Warranty Requirements
1. Parts- minimum of 3 years
2. Labor- minimum of 1 year
C. Service
Must offer contact information with bid proposals of a reputable dealer
in the Detroit Metropolitan Area that offers maintenance service.
Bidders that fail to do so will be automatically disqualified.
D. Price to include all delivery and set up cost to the following location:
R.A. Young Recreation Center
5400 McKinley
Dearborn Heights, Ml48125
E. Any "Or Equal" bid submittals must include a full list of specifications of
their product along with any brochures that are available with their bid
proposal.
Any questions pertaining this bid request can be directed to Kenneth P. Grybel,
Director, Dearborn Heights Parks & Recreation Department at
[email protected] or (313) 791-3600.
PRO A STRIDE AHEAD
PR04700 The best elliotical trainer available, this
top-of-the-line powerhouse is loaded with
exclusive Octane breakthroughs including
SmartStride® to fuel every workout with
exceptional comfort and challenge that
drive valuable results.
Electronically adjustable stride
Converging Path & MultiGrip handlebars
Biomechanically correct close pedal spacing
Low step-up height
Advanced training- 30:30 and MMA
CROSS CiRCUIT and Embedded Touch Screen compatible
PR04700 L r l ,) ~
SMA ST or@ L
KEY MECHANICAL FEATURES WORKOUTS WORKOUT BOOSTERS An unmatched 'feature that Stride lengths 13"'-?!1'" Number of programs n Smar!Stride0 ' automatically adjusts stride length Electronically adjustabl~ stride ~ X~Mode"' ' to replicate walking, jogging, PRESET RESISTANCE PROGRAMS
Pedal spacing ",\l' GluteKkkm'~ ' running and moving backwards. Manual low step-up height ArmBiaster L
Random Soft grip pedals L
Interval METABOLIC ASSESSMENT PROTOCOL Covered tra~k and rollers ' PPE ,BODY Custom Interval L New leaf Metabolic Assessment * Converging Path"' handlebars L
E 0 OM C Hill * MultiGrip"' handlebars ' ENTERTAINMENT OPTIONS 10K ¢
Patented, one-of-the-kind Fingertip controls '
Persona! Viewing Sueen
Converging Path and MultiGrip on moving handlebars HEART RATE-CONTROLLED PROGRAMS Wireless 9UO MI!L Q
Moving lrand!ebar luck-out ' handlebars that better engage Fat Burn ' Embedded Touch Scm~n the upper body and assist with 1-time adjustable
' Cardin ' fitting evmy exerciser better.
handlebar position PRODUCT SPECIFICATIONS Water bottle holder ' Heart Rate Interval ' Max user weight ~:;;
Reading rack ' Hearl Rate Custom Interval ' Transpnrt wheels ' Heart Rate Hill
Footprint (W x l)
Heart Rate Speed Interval ' Footprint -live area (W x l)
R Al ~~ N! N MOTIOfti ElECTRONIC FEATURES New teal10 Custom ' Prnduct weight
Resistance levels 3G footprint Delivers supremely comfortable Digital contact heart rate
' ADVANCED PROGRAMS with CROSS CiRCUIT stands (W x l)
natural movement and flow, both on moving handlebars CROSS CiRCUIT Solo Product weight forward and backward. without Wireless heart rate ' with CROSS CiRCUIT stands CROSS CiRCUIT Group 0
stress on the joints. Console fan (3 speeds) 30:30 Interval 0 WARRANTY Self-powered MMA Parts 'lvton; Heartlogir"' Intelligence 0
Constant Watts ~ labor CSAfE® 0
Constant METs ~
s c -EF !CIENT OESif"J FitUnxx® compatible STRIOE lENGTH PROGRAMS
Significantly shorter than other PowerWalk • premium ellipticals or treadmills;
Stride Interval • fits conveniently in small spaces. Dual Dimction ®
Date:
To:
From:
Subject
Department of Public Works
2/14/2014
Honorable City Council Members
William Zimmer, Public Service Administrator
Request to Advertise for Bids
7-5 William Zimmer Public Service Administrator
Daniel S. Paletko Mayor
APPROVED FOR AGENDA OF
I am requesting Council approval to have the Comptrollers Office advertise for bids for grass/weed cutting and debris removal for the Ordinance Department for the years 2014 to 2016.
Please call my office if you have any questions.
T~anklou~ ,
(IJM·~ WilliamZim er
City of Dearborn Heights • 24600 Van Born Rd. • Dearborn Heights, Ml 48125 • (313) 791-6000 • Fax (313) 791-6001
7-c APPROVED FOF
AGENDA OF
Community and Economic Development Department
Ron Amen Director
.2..:2. s-J '-f
Daniel S. Paletko Mayor
DATE: FEBRUARY 17,2014
TO: MAYOR AND CITY COUNCIL MEMBERS
(J •(J) ;clt<A~
FROM:
RE:
COMMUNITY AND ECONOMIC DEVELOPMENT DEPT. (CEDD)
CITY TREASURER'S OFFICE ADA PAYMENT COUNTER PROJECT
DEAR MAYOR AND CITY COUNCIL MEMBERS:
After review of all submitted bids, I hereby recommend that the City Council award the bid for the City Treasurer's Office ADA Payment Counter Project to R.l. Sheridan, LLC. in the amount of $43,800.00 and authorize the Mayor and City Clerk to sign the contract.
s~~1!;~ Ronald Amef-
Attachments:
1-Motion # 12-205
2-Comptroller bid tabulation sheet
3-Bid response forms
4-Contract
The City of Dearborn Heights • Community and Economic Development Department • 26155 Richardson· Dearborn Heights. Ml48127 (313) 791-3500 • Fax (313) 791-3501 • Email [email protected]
TO:
FROM:
DATE:
RE:
City of Dearborn Heights 6045 FENTON • DEARBORN HEIGHTS, MICHIGAN 48127
CEDD DIRECTOR AMEN
CITY CLERK PRUSIEWICZ W 'II' JUNE 13, 2012
<liMe!'· .0vuicwr:Cz CITY CLERK
PREPARE SPECS/REQUEST BIDS- TREASURER'S SERVICE DESK
The following is a copy of a motion adopted at the Regular Meeting of the Dearborn Heights City Council held on June 12,2012.
12-205 Motion by Councilman Apigian, seconded by Councilwoman Hicks-Clayton, that the CEDD Director Amen be authorized to prepare specifications and request bids, for accessibility at the service desk located in the Treasurer's Office at City Hall, 6045 Fenton. Per CEDD Director Amen, communication dated June 4, 2012.
Ayes: Councilman Apigian, Councilwoman Badalow, Council Chairman Baron, Councilman Berry, Councilwoman Hicks-Clayton, Councilwoman Horvath.
Nays: None. Absent: None.
Motion unanimously adopted.
WJP/km
cc: Files
(313) 791-3430 • Fax: (313) 791-3401 • Email: [email protected] .... .,()
CITY OF DL\RBOI<N BKtGBlS
""""'of Hid: fn'<hli!Tr',, 0ff1{'C Pa! mo1t Coun1cr AHA. cmcnh
( ('qJTl'('frd \·u·dnn}
!lid llatt 1/fl.'!li/4
Fo!ey St Ml48227
lnc
Ste 0
Ant 1Hr;;::1r Cor,s:ruction !nc
7601 Second Ave Del-roiL Ml 40202
5% Bid Bend I S43,8()0 00
:;ntJ Bid Bond I 544.800 00
S'\1 Bid H,,n_·i $45,220 00
-;,,·Hid lv!·,t S45.955 00
:su-,0 Hid f~,,w! $51.499 00
."-0 -·n f5id 11-ind $53_000 00
::-'-~_!,Bid n,,., $55 800 00
·>:'.
CITY OF DEARBORN HEIGHTS COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
SERVICES AGREEMENT FOR
City Treasurer's Office ADA Payment Counter Proiect
ATTENTION: THIS PROJECT IS FUNDED PARTIALLY /FULLY BY FEDERAL FUNDS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ADMINISTERED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. THIS PROJECT IS
SUBJECT TO ALL APPLICABLE HUD RULES AND REGULATIONS INCLUDING FEDERAL DAVIS-BACON WAGE RULES AND REGULATIONS AND All APPLICABLE CITY REGULATIONS.
ARTICLE I - PARTIES OF AGREEMENT:
This agreement ("Agreement") is entered into the date executed below, between the City of Dearborn Heights Community and Economic Development Department, hereinafter referred to as "City", and R.L. Sheridan, LLC hereafter referred to as "Contractor", with its principal offices located at 32125 Block St., Garden City, Ml48135. This Agreement formalizes the understanding between the City and Contractor, (the "parties) stemming from the City Treasurer's Office ADA Payment Counter Project ("the Project").
ARTICLE II- WORK TO BE PERFORMED (Scope of Work):
Except as otherwise provided herein, Contractor shall furnish all labor, material. tools, equipment, supervision and services necessary to properly execute and complete the Project. The Project shall be performed by Contractor in good and workman like manner strictly in accordance with the City's request for bids, the City's bid conditions and obligations and the Contractor's bid, all of which are incorporated by reference. The Project will commence no later than May 9, 2014 or within ten (10) days upon execution of the Agreement, and shall be completed no later than May 16, 2014; otherwise the Contractor will be subject to liquidated damages.
ARTICLE Ill- TERMS INCORPORATED BY REFERENCE
This Agreement incorporates the City's Advertisement for Bids and all documents contained therein, and the Contractor's bid as submitted by reference ("Contract Documents"). Contractor shall be bound by the terms of the Agreement between City and Contractor and all documents incorporated therein.
ARTICLE IV- COMPENSATION:
Contractor agrees that the quoted price per unit of <Insert Price per Unit-if applicable> ($43,800.00) Forty three thousand eight hundred Dollars as set forth in its Contract Documents, namely the bid itemizations/specifications shall be price used to compensate Contractor per unit.
ARTICLE V- PAYMENTS:
A) INVOICES - The Contractor will be paid on a regular basis, no later than thirty (30) days after receipt of proper invoices, certifications, and progress reports. B) PAYMENT/BOND - Payments will be made on a reimbursement basis for services and work actually and satisfactorily performed to the reasonable discretion of the City ("Final Acceptance"), subject to payment of the final Invoice being withheld pending final completion and acceptance of the work. In addition, il has been separately agreed that the City will hold and the Contractor will provide a Performance Bond (100% of !he total bid amounll submitted in conjunction with this Agreement. C) FINAL PAYMENT- A final payment consisting of the unpaid balance of the Contractor's Compensation shall be made within ten (1 0) days after both of the following occur: (a) full completion of the work by contractor, (b) Final Acceptance of the work by the City. ARTICLE VI- SPECIAL REQUIREMENTS:
SCHEDULE- Time is the essence of this Agreement and the Project shall be performed in accordance with the City's Request for Bids and the City's Bid Conditions and Obligations for this Program. Contractor agrees to commence the Project under this Agreement after a pre-construction/pre-installation meeting has been held and to punctually and diligently perform all parts of the Project.
If the Contractor is behind in the Project hereunder, tails or refuses to supply sufficient workmen, or to deliver materials or equipment on schedule, and delays progress of the Project; or if the different parts thereof are not commenced, performed, finished and delivered on time, City shall have the right to direct the Contractor to furnish additional labor and expedite deliveries of material and equipment at contractor's cost and expense, If such additional labor is not available, City has the right to require Contractor at the Contractor's cost, to work overtime or additional shifts (and/or weekends and holidays) to such an extent as will be sufficient to speed up and complete the Project in accordance with a progress schedule.
If City incurs any cost associated with the Contractor's delay with respect to the completion dates identified in Article II, the Contractor is to reimburse City for all costs associated with Contractor's delay including any liquidated damages assessed against City.
ARTICLE VII- CHANGES:
A) Definitions- Change Order: A written order signed and issued by the City, namely the Director of Community and Economic Development and his authorized representative or any other officer authorized to sign and issue the original Agreement, directing the City to make changes to Article II (Scope of Work) of this Agreement.
Contract Modification: Any written alteration in specifications, delivery point rate of delivery, period of performance, price, quantity, or other provision of the Agreement must be accomplished by mutual action of the parties to the Agreement.
B) The City may request changes to the Scope of Work/Services to be furnished or performed by the Contractor under the Agreement, as well as changes in the time of performance of the Agreement. All such changes shall be authortzed by with Change Order or Contract Modification, as those terms ore defined in this Agreement.
C) Contractor acknowledges that any change in the Agreement price represents full compensation for all costs associated with the change request including delay costs, impacts, acceleration, disruption, consequential damages and any other costs of any nature.
D) No action, conduct, omission, prior failure or course of dealing by the City shall act to waive, modify, change or alter the requirement that Contract Modifications must be in writing and signed by the Owner and the Contractor. The Contractor further acknowledges that Change Orders and Contract Modifications are the exclusive method for effecting any change to the Agreement.
ARTICLE VIII- SUBLETIING- ASSIGNMENT:
No part of this Agreement, nor any interest or monies due therein, may be assigned, sublet or transferred without the City's written consent and/or approval of the assignment. Contractor is liable to City for all acts and omissions of its subcontractors, assignees or transferees.
ARTICLE IX- TERMINATION:
City shall have the right to terminate this Agreement with or without cause, for the convenience of City. In the event of termination for the City's convenience, compensation to Contractor shall be made on the same basis as that provided for in the Agreement between City and Contractor or Contract Documents, or in the absence of applicable provisions, then based on the percentage of the work completed as of the date of termination. In no event shall the Contractor be entitled to anticipated profits.
ARTICLE X- INDEMNITY AND RESPONSIBILITY:
Contractor specifically obligates itself to the City in the following respects (and this agreement is mode upon such express condition) to wit.
A) To indemnify City, including its elected officials, employees, volunteers, and representatives against and save them harmless from any and all claims, suits, liability, expense, including attorney's fees or damage for
alleged or actual infringement or violation of any patent or patent right arising in connection with this Agreement and anything done there under. B) To protect, hold free and harmless defend and indemnify Cify including its elected officials, employees, volunteers, and representatives from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees resulting from injury or death sustained by any person (including Contractor's employees) or damage to property of any kind, which injury, death or damage arises out of or is in any way connected with the performance of work under this contract, except that said agreement shall not be applicable to injury, death or damage to property arising from the sole negligence or willful misconduct of Owner, its elected officials, employees, volunteers, and representatives who are directly responsible to the Contractor. This indemnification agreement shall extend to all claims of this Agreement asserted after termination, for whatever reason.
C) To warrant ond guarantee the work and materials covered by this Agreement and agrees to make good, at its expense, any defect in materials or workmanship, including the restoration of work of other subcontractors that has been affected. To indemnify City for any loss that may be caused by breach of said warranty and guarantee.
D) To obtain and pay for all permits, licenses and official inspections made necessary by its work and to comply with all laws, ordinances and regulations bearing on its work and the conduct thereof.
E) To be fully and exclusively responsible for, and to pay when due, any and all applicable contribution allowances of other payments or deductions, however termed, required by union labor agreements or required by law now or hereafter in force.
Contractor shall indemnify City against, and save it harmless from any and all loss, damages, costs, expenses and attorney's fees suffered or incurred on account of any breach of the aforesaid obligations and covenants, and any other provisions or covenant of this Agreement. At any time before final settlement of adjudication of any loss, damage, liability, claim, demand, suit or cause of action for which Contractor in this Agreement agrees to indemnity and save harmless the City.
ARTICLE XI- CLEAN-UP: Contractor shall clean up and remove all rubbish and debris caused by its operations and employees. Otherwise, after a (48) Hour written Notice, City shall proceed with this work and charge Contractor for all costs plus a 10% mark-up for overhead and profit.
ARTICLE XII- SAFETY:
Contractor shall carry on its work in a safe manner, in accordance with the regulations of the latest revised edition of the Manual of Accident Prevention in Construction of the Associated General Contractors of America, Inc., for the protection of persons and property at the site, and Contractor agrees to abide by all applicable FederaL State and Local laws, ordinances, regulations, standards and rules having reference to safety. Contractor agrees to be solely responsible for the protection and safety of its workmen, for the final selection of safety methods, means and safeguards, for the daily inspection of the work area, and for the instruction of its workmen on safety, including attending and/or conducting safely meetings at least once a week.
ARTICLE XIII- EQUAL EMPLOYMENT OPPORTUNITY:
A) During the performance of this Agreement, the Contractor, for itself, its members, officers, directors, and employees in interest agrees as follows:
Non-discrimination: The Contractor with regard to the Services to be performed under this Agreement shall not discriminate on grounds prohibited by federaL state or local constitution, law, statute or ordinance in:
1 . The selection and retention of subcontractors or the procurement of materials and leases of equipment.
2. The Contractor agrees that it will not discriminate against any person, employee, consultant or applicant for employment with respect to his/her hire tenure, terms, conditions, or privileges or employment or hire of employees, consultants or applicants for employment.
B) Solicitations for Subcontractors: In all solicitations made by the Contractor for work to be performed under a subcontract, each potential subcontractor shall be notified by the Contractor of the Contractor's obligations under this Agreement, and the regulations relative to non-discrimination. C) Sanctions for Noncompliance: In the event of noncompliance with the non-discrimination provisions of this Agreement and the City's Non-Discrimination Clause, the City shall impose such sanctions as it may determine to be appropriate, including, but not limited to:
1 , Withholding of payments to the Contractor under this Agreement until the Contractor complies; and/or
2. cancellation, termination or suspension of this Agreement, in whole or in port; and/or 3. The imposition of liquidated damages (not a penalty) in the amount of $500.00 per day, for each
day that the Contractor shall fail to comply with said requirements, as determined by the Comptroller, in consultation with the Community and Economic Development Director.
ARTICLE XVI- DEFAULT:
A) If the Contractor:
1, fails to supply complete labor, materials, equipment and supervision in sufficient time and quantity to meet the City's progress schedule (as outlined in Article II of this Agreement) as it may be modified;
2. causes stoppage or delay of, or interference with the project; 3. fails to promptly pay its subcontractors (if applicable), laborers, suppliers, material, men and/or
employees for work on the project; 4. fails to pay worker's compensation or other employee benefits, withholding or any other taxes; 5. fails to comply with the safety provisions of this Agreement or with any safety order, regulation or
requirement of any governing authority having jurisdiction over this project; 6. makes unauthorized changes in supervisory personnel; 7. fails in the performance or observance of any of the provisions of this contract; or 8. a) files a voluntary petition in bankruptcy or is adjudicated insolvent;
b) obtains an order for relief under Section 301 of the Bankruptcy Code; c) files any petition or fails to contest any petition filed seeking any reorganization or similar relief under any laws relating to bankruptcy, insolvency or other relief of debtors; d) or seeks or consents to or is acquiescent in the appointment of any trustee, receiver or liquidator of any of its assets or property; e) makes an assignment for the benefit of creditors; or f) makes an admission, in writing, of its inability to pay its debts as they became due;
B) Then City, after giving the Contractor written or oral (subsequently confirmed in writing) notice of such default and forty-eight (48) hours within which to cure such default, shall have the right to exercise any one or more of the following remedies:
I) Require that Contractor utilize, at its own expense, additional labor, overtime labor (including Saturday and Sunday work) and additional shifts as necessary to overcome the consequences of any delay attributable to Contractor's default.
2) Remedy the default by whatever means City may deem necessary or appropriate, including, but not limited to, correcting, furnishing, performing or otherwise completing the work, or any part thereof, by itself or through others (utilizing where appropriate any materials and equipment previously purchased for that purpose by Contractor) and deducting the cost thereof from any monies due or to become due to Contractor hereunder:
a) After giving Contractor an additional forty-eight (48) hours written (or oral, subsequently confirmed in writing) notice, terminate this Contract, without thereby waiving or releasing any rights or remedies against Contractor or its sureties, and, by itself or through others, take possession of the work, and all materials, equipment, facilities, tools, scaffolds and appliances of Contractor relating to the work, for the purposes of costs and other damages under the contract and for the breach thereof; and
b) Recover from Contractor all costs incurred by City to complete the work plus a 10% mark-up for overhead and profit, and further recover from Contractor all losses, damages, penalties and
fines, whether actual or liquidated, direct or consequential, and all reasonable attorneys' fees suffered or incurred by City by reason of, or as a result of, Contractor's default.
ARTICLE XV- INSURANCE:
Before Contractor does any work at, or prepares to deliver material to the City, the Contractor shall provide a Certificate of Insurance, issued by a financially responsible insurance company licensed to write insurance in the State of Michigan, evidencing coverage in amounts not less than required by specifications or as follows:
A) Workers' Compensation: to the extent and at least the minimum amount required by the laws of the state in which work is to be performed.
B) Commercial General, Professional and Automobile Liability (if applicable): in the amount of One Million Dollars ($1.000,000.00) for any one occurrence, and Two Million Dollars ($2,000,000.00) aggregate. The coverage shall apply to all work and activities performed by Contractor with respect to the Scope of Work/Services for the Project. In addition, Contractor shall provide a statement from its insurer(s) noting that the work and activities to be performed by the Contractor with respect to the project, is not excluded from coverage.
C) No payments will be made to the Contractor until current certificates of insurance have been received and approved. Insurance companies, named insured and policy forms shall be subject to the City's approval. In the event the coverage evidenced by any such Certificate is canceled or reduced, Contractor shall procure and furnish to City before the effective date of such cancellation, new Certificates conforming to the above requirements. Until evidence of conformity is received, services and related payments will be suspended.
D) Hold Harmless Agreement: Contractor shall assume liability and indemnify City from and against any liability and all loss, costs, damages, expenses, including attorney fees, on account of claims per personal injury, including death, sustained by any person or persons whosoever, including employees of Contractor, and for injury to or destruction of property of a person or organization, including loss of use thereof, arising out of the performance of the work under this agreement, excepting only such matters caused solely and exclusively by the fault or negligence of the City.
If applicable, the subcontractor shall have its own insurance company naming Contractor and the City as Additional Insured with the following clause added: "The insurance afforded to the Additional Insured is Primary Insurance. If the additional insured has other insurance which is applicable to the loss on an excess or contingent basis, the amount of the company's liability under this policy shall not be reduced by the existence of such other insurance."
Each of the above required Certificates shall provide that the coverage therein afforded shall not be canceled or reduced except by written notice to City given at least thirty (30) days prior to the effective date of such cancellation or reduction.
ARTICLE XVI- TAXES AND CONTRIBUTIONS:
The Contractor hereby accepts and assumes exclusive liability for and shall indemnify, protect and save harmless the City from and against the payment of:
A) All contributions, taxes or premiums (including interest and penalties thereon) which may be payable under the Unemployment Insurance Law of any State, the Federal Social Security Act, Federal, State, County and/or Municipal Tax Withholding Act, Federal. State, County and/or Municipal Tax Withholding Laws, or any other law, measured upon the payroll of or required to be withheld from employees, by whomsoever employed or engaged in the work to be performed and furnished under this Agreement.
B) All sales, use, personal property and other taxes (including interest and penalties thereon) required by any Federal. State, County, Municipal or other law to be paid or collected by the Contractor or any of its vendors or any other person or persons acting for, through or under it or any of them, by reason of the performance of the work or the acquisition, ownership, furnishing or use of any materials, equipment, supplies, labor, services or other items for or in connection with the work.
C) All pension, welfare. vacation, annuity and other union benefit contributions payable, under or in connection with respect, to all persons: by whomsoever employed or engaged in the work to be performed and furnished under this Agreement.
ARTICLE XVII MISCELLANEOUS:
A) Failure of a party to insist on the strict performance of this Agreement shall not constitute waiver of any breach of the Agreement.
B) The Contractor agrees that it is not, and will not become, in arrears to the City upon any contract, debt, or obligation to the City, including real property and personal property taxes.
C) The singular shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders.
D) If any provision of this Agreement or the application thereof to any person or circumstances shall, to any extent. be judicially determined to be invalid or unenforceable, the remainder of this Agreement. or the application of such provisions to person or circumstances other than those to which it is invalid or unenforceable, shall not be effected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
E) Insolvency Proceedings: Contractor is not involved in any proceeding by or against it in any court under the Bankruptcy Code or any other insolvency or debtor's relief act. whether state or federal, or for the appointment of a trustee, receiver, liquidator, assignee, or other similar official of Contractor or Contractor's property.
F) Status of Contractor. Contractor is a Michigan corporation which is duly organized. validly existing, and in good standing under the laws of the State of Michigan; and, further, is properly authorized, according to its Articles of Incorporation, Bylaws, and duly adopted Resolution, to enter into and carry out the transactions contemplated by this Agreement.
ARTICLE XVIII- GENERAL:
Except as otherwise provided in Article Ill, this Agreement contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Agreement, and no other agreement or understanding shall be effective for any purpose. No provision of this Agreement may be amended or added to except by an agreement in writing signed by the parties hereto.
The Contractor represents and agrees that it has carefully examined and understands this Agreement and the other Contract Documents as provided in Article Ill, has investigated the nature, locality and site of the work, and that it enters into this Agreement on the basis of its own examination, investigation and evaluation of all such matters and not in reliance upon any opinions or representations of the City, or of any of their respective officers, agents, servants or employees.
No waiver by the City of any provision of this Agreement shall be deemed to be waived of any other provisions hereof or of any subsequent breach by Contractor of the same or any other provision.
IN WITNESS WHEREOF. the parties have caused this Agreement to be executed by their duly authorized officers or agents as of the date executed below.
CITY OF DEARBORN HEIGHTS ("City")
By: ______ _ Mayor
Dated: ____________ __
By:=:---::-:-:----City Clerk
Dated: ______ _
R.L. Sheridan, LLC ("Contractor")
By: =-:---c:-:-:c---c-:------Robert L. Sheridan
Its:------------------Dated: -::--:-::-::------------Federal Tax ID# Contract Prepared By:
ALLEN BROTHERS, Attorneys & Counselors. PLLC 400 Monroe. Suite 220 Detroit, Ml 48226
FORM OF PROPOSAL December 10, 2013
(Submit One Original and Two Copies) FOR
City of Dearborn Heights Community and Economic Development Department (CEDD)
Treasurer's Department Payment Counter ADA Improvements
NAME OF BIDDER: __ R_;_;_'__c_L--'-, --"-"-"-"-'-"'-~-""-'-'-=C:>'-'r-"\ 'cc'~'---L.--'-\-._c=----------
PI-lONE#: ( '1 :> '-1 ) '-i :>.. 2.. - 4 '-' o 0 FAX #: (_<J 3c..\ ) q J_ <-..- l, '-1 ':1~--
DATE: ___ ~_-_,_a_---'-~----------
ALL BIDS SHALL BE SUBMITTED TO:
DEliVERY:
City of Dearborn Heights Comptroller'$ Office Treasurer'$ Department Payment Counter ADA lmprovaments 1!045 Fenton Dearborn Heights, Michigan 48127
MAIL:
City of Dearborn Heights Comptroller's Office Treasurer's Department Payment Counter ADA Improvements 6045 Fenton Dearborn Heights, Michigan 48127
'TOTAL BASE PROPOSAL
The undersigned, hereinafter referred to as the Contractor, proposes to fum ish aU labor, material, weather protection, heat, tools, equipment, permits, inspections, testing, and supervision required for the complete construction of the City of Dearborn Heights Treasurer's Office ADA Counter Project, in strict accordance with the Drawings and Specifications prepared by George J. Hartman Architects, P.C., dated December 10,2013 and Including all addenda and alternates listed for the lump sum firm price of:
______________________ Dollars $
The said amount, which constitutes the Total Base Proposal, Includes all Sales and/or Use Taxes or other !axes of whatever character or description. The Contractor agrees to abide by all Federal funding requirements as listed in the specifications and advertisement to bid.
D""rborn Heights City Hall Treasurer's Department Payment Counter ADA Improvements GEORGE J. HARTMAN ARCHITECTS PROJECT NO. 1278
Page 1 of5
FORM OF PROPOSAL December 10, 2013
I.'J.TERNATES
The contractor shall provide alternate prices for the items listed below and as shown on the drawings, Alternates may be selected by the Owner in any order and the numbering is lor convenience only, Include all labor, material, f8xes, overhead, profit and any other costs associated with these alternates,
Alternate No, 1 Payment Window (Deduct from base bid)
Alternate No, 2 Bullet Resisf8nt Fiberglass Panels (Deduct from base bid)
Alternate No. 3 Back Counter (Deduct from base bid)
COST BREAKDOWN
s soo.ao $ ---"c,L-.:::----
$ 1 0 oo,oO __ J....:_ __ _
The Contractor shall provide a cost for each of the following ~ems. Include all labor, material, taxes, overhead, pront and any other costs associated with these alternates.
Bullet Resisf8nt Fiberglass Panels for Altemate#2 $ l10 60 • 6<:)
Back Counter for Alternate #3 $ C\oo .oo
Window Blind for Alternate #1 $ 3;1.5.00
Electrlcal Work for Alternate #1 $ '-fDO·DO
Painting & Caulking for Alternate #1 $ ;<SO· oO
Interior Counter for Alternate #1
TIME SCHEDULE:
BidNet Posting: Legal Publishing: Mandatory Pre-Bid Meeting: Bids Due: Bid Review by Staff Notice of Selection to Council: Contract Award by Council: Contract Signing Construction Schedule:
Initial Progress Date:
On-81te Demoltlion:
New Work lnsf811ation:
Dearborn Heights City Hall
December 13, 2013 December 18, 2013
$
January 9, 2014@ 3:00p.m. February 11,2014@ 3:00p.m. February 13, 2014 February 17, 2014 February 25, 2014 March 10, 2014
1,00 ,()0
April 14, 2014 - By \his date, the contractor shall have completed field measurements and investigations, ordered materials, prepared shop drawings for millwork and similar items, begin millwork fabrication. May 9 & May 10, 2014- Contractor shall be on-site to conduct all demolition work and temporary partition construction. This work is to be completed by theendoflhedayMay10,2014. ',,, , May 12 through May 16, 2014 - Installation of new work to commence on May 12, 2014 and continue daily with SUBSTANTIAL INSTALLATION
Treasurer's Department Payment Counter ADA Improvements GEORGE J. HARTMAN ARCHITECTS PROJECT NO. 1278
Palje 2 of 5
FORM OF PROPOSAL December 10, 2013
COMPLETE by the end of tl1e day May 16, 2014. Complete All Construclion: May 22,2014 -All work to be 100% complete by this date.
The Contractor hereby affirms that he has examined !he documents and premises Including the drawings, specifications, general and supplementary ccndiiions, and other requirements, and that his proposed lumpsum bid Includes all costs to ccmplete all portions of the work within !he negotiated time llmlls. The contractor also affirms and states that he has !he equipment, manpower, tools and knowledge to complete the requirements of !his Project within the time lim lis established,
THIS PROJECT IS FUNDED PARTIALLY/FULLY BY FEDERAL FUNDS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDEIG) PROGRAM ADMINISTERED BY THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT.
THIS PROJECT IS SUBJECT TO AILL APPLICABLE HUD RULES AND REGULATIONS INCLUDING FEDERAL DAVIS-BACON WAGE RULES AND REGULATIONS AND AILL APPLICABLE CITY
REGULATIONS.
NOTICE FAILURE TO COMPLETE THIS FORM SHALL RESULT IN YOUR RESPONSE BEING DEEMED NON·
RESPONSIVE AND REJECTED WITHOUT ANY FURTHfB EVALUATION.
QB!..IGATION:
The undersigned. by submission of this Offer, hereby agrees to be obligated, if selected as the Contractcr, to provide the stated goods and/or services to the City, and to enter a Contract with !he City, in accordance with all terms and bid documents as indicated In the bid teble of content, and eddenda in !he Request for Response, as wen as the Form of Contract, together with any written addendum as specified above.
COMPLIANCE:
The undersigned hereby accepts all administrative requirements of !he Sealed Bid and will be In compliance with such requirements. By submitting !his Response Form, the Respondent represents that: 1) !he Respondent Is in ccmpllance with any applicable City and HUD regulations, and 2) if awarded. a contract to provide the services required in the Sealed Bid, the Respondent will comply with the requirements set forth in the Seated Bid and (3) Respondent will sign the Construction I installation I instellation Contract (attached tc Bid Package for reference) if awarded !he Contract Failure to sign the Construction I installation I installation Contract within fourteen (14) days of notification of award of · oontract will result in a breaclh and Respondent will forfeit his/her bid bond.
NONCOLLUSION:
The undersigned, by submission of this Response Form, hereby declares that this Response is made without collusion with any other business making any other Response, or wlhich otherwise wouid make a Response.
Dearborn Heights City Hall Treasurer's Department Payment Counter ADA Improvements GEORGE J. HARTMAN ARCHITECTS PROJECT NO. 1278
Page3 of 5
FORM OF PROPOSAL December 10, 2013
Jn!§MITIA!. REQUIREMENTS:
The undersigned certifies It has attached a complete response to each of the submittal requirements of !Ills SEALED BID. The undersigned also certifies it has read and understands all Bid Documents as outlined In the "Bid Index Page".
jl!o Response shall be accepted which has not begn manually signed In Ink in the appropriate space below:
I certify, under penalty of perjury, that I have the legal authorization to bind the firm hereunder:
For clarification of this offer, contact: Company Name
6 d- I ?-.S \?, \o <- '<-
Phone: ( 7J'i) 71 iJ- 1' 1:: S" ·'7 Zip
Signature of Person Authorized to Sign
K o\o~GCa...'T L SJ.I G'IZ1 ;;:> e vJ Printed Name
I'll\ "' " >4 'l ' "'"'. ""<\. «- "" \, ~ r Title
4
2 0 - 63 9 I 4 6 'I Federal Tax ID
Acknowledged before me by
(month), 2ojj_.
Notary Signature: ~ ~'~ My Commission Expires: V'f\.. ""'=', \"' 1 &o' :"\ Affix Seal
Dearborn Heights City Hall Treasurer's Department Payment Counter ADA Improvements GEORGE J. HARTMAN ARCHITECTS PROJECT NO. 1278
Page, 4 of 5
FORM OF PROPOSAl.. December 10, 2013 '., ,.
ADDENDA ACKNOWLEDGMENT
BIDDER'S NN.AE end ADDRESS
NAME OF BIDDER: __ fZ.c.:...._L_:___:5:.....:..1-l...:l:"':_r.<c._:_;_'...:'":l...:"-o.:"...:J;___L_l_c.._· ------------
ADDRESS: 6.9-,1 ;;L.S '\6\~~':1-
PHONE #: ( '/ o'-\ ) '-\ ?-?--- L, '-\ lO D p
DATE:_~~~--\~G_-_I_k_\ ______ ___
Addendum No. Addendum Date
I ,::- c 6 I D1
;;__ o n-f
ADDENDA:
~~;;..~,~ c~
FAX#: ('73 L\ )
Received Yes No
./
Included in Bid Yes No
/
:I
". '., . "
The undersigned has read, understands and Is fully cognizant of the Information to Respondents, Offer and Form of Contract, all Sections thereto, together with any written addendum issued in connection with any of the above. The unde ned hereby acknowledges receipt of the addendum(s) listed above .. ·
TITLE lv\.. · "'-"" ·
Dearborn Heights City Hall Treasurer's Department Payment Counter ADA Improvements GEORGE J. HARTMAN ARCHITECTS PROJECT MO. 1278
Page 5 of5
FORM OF PROPOSAL December 10, 2013
(Submit One Original and Two Copies) FOR
City of Dearborn Heights Community and Economic Development Department (CEDD)
Treasurer's Department Payment Counter ADA Improvements
NAME OF BIDDER: £NVI51<>N &>t.-D ti;Il$., /IJ { ADDRESS: --"2~zbb:::d..j ~!;?__-"::l)~~CJLAdi::\I.Jill2D____;&=-k~SL........:::<1±--~~-~---PHONE#: @t/s) J6S '6/61
DATE: rc8R.uA{I..'( I I 'Z..o/'1
ALL BIDS SHALL BE SUBMITTED TO:
DELIVERY:
City of Dearborn Heights Comptroller's Office Treasurer's Department Payment Counter ADA Improvements 6045 Fenton Dearborn Heights, Michigan 48127
MAIL:
City of Dearborn Heights Comptroller's Office Treasurer's Department Payment Counter ADA Improvements 6045 Fenton Dearborn Heights, Michigan 48127
TOTAL BASE PROPOSAL
The undersigned, hereinafter referred to as the Contractor, proposes to furnish all labor, material, weather protection, heat, tools, equipment, permits, inspections, testing, and supervision required for the complete construction of the City of Dearborn Heights Treasurer's Office ADA Counter Project, in strict accordance with the Drawings and Specifications prepared by George J. Hartman Architects, P.C., dated December 10,2013 and including all addenda and alternates listed for the lump sum firm price of:
hMY ~ ~-t'Wi> E(t4tlr hfl61' 1>., ""'"' Dollars $ l/-t{ 'l?oo. oa
The said amount, which constitutes the Total Base Proposal, includes all Sales and/or Use Taxes or other taxes of whatever character or description. The Contractor agrees to abide by all Federal funding requirements as listed in the specifications and advertisement to bid.
Dearborn Heights City Hall Treasurer's Department Payment Counter ADA Improvements GEORGE J. HARTMAN ARCHITECTS PROJECT NO. 1278
Page 1 of5
FORM OF PROPOSAL December 10, 2013
f\LTERNATES
The contractor shall provide alternate prices for the items listed below and as shown on the drawings. Alternates may be selected by the Owner in any order and the numbering is for convenience only. Include all labor, material, taxes, overhead, profit and any other costs associated with these alternates.
Alternate No. 1 Payment Window (Deduct from base bid)
Alternate No. 2 Bullet Resistant Fiberglass Panels (Deduct from base bid)
Alternate No. 3 Back Counter (Deduct from base bid)
pOST BREAKDOWN
$ _7-.T'-1 {)::...={)-'-". t>"'-0 __
$- Z 756 . .- 0
$- t/6D.oD
The Contractor shall provide a cost for each of the following items. Include all labor, material, taxes, overhead, profit and any other costs associated with these alternates.
Bullet Resistant Fiberglass Panels for Alternate #2 $ 1.2 ~() ··" Back Counter for Alternate #3 $ //OO.oo Window Blind for Alternate #1 $
I I -:so, oi)
Electrical Work for Alternate #1 $ /Q{), Db
Painting & Caulking for Alternate #1 $ J:;o_ "'"' Interior Counter for Alternate #1
TIME SCHEDULE:
BidNet Posting: legal Publishing: Mandatory Pre-Bid Meeting: Bids Due: Bid Review by Staff Notice of Selection to Council: Contract Award by Council: Contract Signing Construction Schedule:
Initial Progress Date:
On-Site Demolition:
New Work Installation:
Dearborn Heights City Hall
December 13,2013 December 18,2013
$ J10o-~ ..
January 9, 2014 @ 3:00 p.m. February 11, 2014@ 3:00p.m. February 13, 2014 February 17, 2014 February 25, 2014 March 10,2014
April 14, 2014 - By this date, the contractor shall have completed field measurements and investigations, ordered materials, prepared shop drawings for millwork and similar items, begin millwork fabrication. May9 & May 10,2014- Contractor shall be on-site to conduct all demolition work and temporary partition construction. This work is to be completed by the end of the day May 10, 2014. ,, . May 12 through May 16, 2014 -Installation of new work to commence on May 12, 2014 and continue daily with SUBSTANTIAL INSTALLATION
Treasurer's Department Payment Counter ADA Improvements GEORGE J. HARTMAN ARCHITECTS PROJECT NO. 1278
Page 2 of 5
FORM OF PROPOSAL December 10, 2013
COMPLETE by the end of the day May 16, 2014. Complete All Construction: May 22, 2014- All work to be 100% complete by this date.
The Contractor hereby affirms that he has examined the documents and premises including the drawings, specifications, general and supplementary conditions, and other requirements, and that his proposed lumpsum bid includes all costs to complete all portions of the work within the negotiated time limits. The contractor also affirms and states that he has the equipment, manpower, tools and knowledge to complete the requirements of this Project within the time limits established.
THIS PROJECT IS FUNDED PARTIALL YIFULL Y BY FEDERAL FUNDS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ADMINISTERED BY THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT.
THIS PROJECT IS SUBJECT TO ALL APPLICABLE HUD RULES AND REGULATIONS INCLUDING FEDERAL DAVIS-BACON WAGE RULES AND REGULATIONS AND ALL APPLICABLE CITY
REGULATIONS.
NOTICE FAILURE TO COMPLETE THIS FORM SHALL RESULT IN YOUR RESPONSE BEING DEEMED NON·
RESPONSIVE AND REJECTED WITHOUT ANY FURTHER EVALUATION.
OBLIGATION:
The undersigned, by submission of this Offer, hereby agrees to be obligated, if selected as the Contractor, to provide the stated goods and/or services to the City, and to enter a Contract with the City, in accordance with all terms and bid documents as indicated in the bid table of content, and addenda in the Request for Response, as well as the Form of Contract, together with any written addendum as specified above.
COMPLIANCE:
The undersigned hereby accepts all administrative requirements of the Sealed Bid and will be in compliance with such requirements. By submitting this Response Form, the Respondent represents that: 1) the Respondent is in compliance with any applicable City and HUD regulations, and 2) If awarded. a contract to provide the services required in the Sealed Bid, the Respondent will comply with the requirements set forth in the Sealed Bid and (3) Respondent will sign the Construction I installation 1 installation Contract (attached to Bid Package for reference) if awarded the Contract. Failure to sign the Construction I installation I installation Contract within fourteen (14) days of notification of award of ' contract will result in a breach and Respondent will forfeit his/her bid bond.
NON COLLUSION:
The undersigned, by submission of this Response Form, hereby declares that this Response is made without collusion with any other business making any other Response, or which otherwise would make a Response.
Dearborn Heights City Hall Treasurer's Department Payment Counter ADA Improvements GEORGE J. HARTMAN ARCHITECTS PROJECT NO. 1278
Page3 of 5
FORM OF PROPOSAL December 10, 2013
J!UBMITTAL REQUIREMENTS: "·' .
The undersigned certifies it has attached a complete response to each of the submittal requirements of this SEALED BID. The undersigned also certifies it has read and understands all Bid Documents as outlined in the "Bid Index Page".
No Response shall be accepted which has not been manually signed In ink in the appropriate space below:
I certify, under penalty of perjury, that I have the legal authorization to bind the firm hereunder:
E!N\/JS•o~J ~'VDd?S ku t For clarification of this offer, contact: Company Name ,
Fax: 2 tf r; :36 S '81 f53 erson Authorized to Sign
()uv~ Printed Name
H t:s ,p<JJ-r· Title
Federal Tax ID
Acknowledged before me by Hruol~ CLI\JQJL f:~WISttf\ I f!JJJtJ)[~panyJ this 1 .
(name)as Dr%w<l\T (title)of'
(day) of R~_j)[tf/2.y(month), 20tl.
!
Dearborn Heights City Hall Treasurer's Department Payment Counter ADA Improvements GEORGE J. HARTMAN ARCHITECTS PROJECT NO. 1278
Page.4 of 5
FORM OF PROPOSAL December 10, 2013 . '
ADDENDA ACKNOWLEDGMENT
BIDDER'S NAME and ADDRESS
NAMEOFBIDDER:~-£~~~~~~~~~~~------,-----~~------------
ADDRESS: 2'1?6:$ G t/'6313
PHONE#: zt( 'fS
DATE: 2./r//1 FAX#: 217J 565 "'6(<63
--~~~~~~~----
~I
Addendum No. Addendum Date Received Included in Bid
Yes No Yes No
l 2/to/!'i- -~ ~ I
' '
••;
'·•·· '
ADDENDA:
The undersigned has read, understands and is fully cognizant of the information to Respondents, Offer and Form of Contract Sections thereto, together with any written addendum issued in connection with any of the above. e ndersigned hereby acknowledges receipt of the addendum(s) listed above ..
S!GNED __ ,L~~~r=======----------------------TITLE fflcs1 7Y;;tJ r
Dearborn Heights City Hall Treasurer's Department Payment Counter ADA Improvements GEORGE J. HARTMAN ARCHITECTS PROJECT NO. 1278
Page 5 of5
ALL B1DS SHALL 2.E SUBMITTED TO:
Cf.ty of Dearborn Hctlc:bits "'""'ol!iew's Ofiic~
Treasm"et~S\ Dlm•~tctm:EHl:t
P~:vrrne:nt Countel" .ADJ1,.lrrt;>t'o:.rer."'"'s P'enton
D'~-arboJrn '"'''nc:.bi'~. Mid1.b2." 4?$i27
MAlL:
F~Mmmt C>r:nmt®!i' AD;\ l"":piiCJ'i!S:J!tmts 6045 Fentc:vn IJJ0:tirborn Hs:igl1t:s, fVlic,hi·~ZJrJ4812~!'
IQTAL BASE PROPOS.A-1~
FOR
The undersigned, hereinafter mfer!ed to as the Contractor, proposes to furnish all [abor, m:ots:rio:l, vveather protection, heat, tools, equlprr1entr permits, test!l1g, and sc:m:n,·i.~inn construction o1fthe City of Dearborn Heights Treasurer's Office ADA Counter :~rar:rcL strict accordance vvlth the Dr8.1Nings and Speciflcations by George J. dated Decerrtber '! 0, 2013 and including aU addenda and Hsted for t:he
The saki vvhich constitutes the Tota\ Base includes all S8ies and/or Use Taxes or other te,xes of whatever character or d"3scr1pt1on. The Contractor agrees to ablde by all Fedsrc1! fundlna rermi!rene;ents as Hsted in the specifications and advertlsen"'rEmt to bid. ~-
De8jrbvrn HErltrhl:s Tm,asu(err~s fJ<~o.~rlrrrr,e,r1t P'Zl\lmrerlt Go·Urlter AiDA
Thf-;; contr~1ctor sh21! a!ternatt~ fer the items listed befow &;nd as. shov;n on the rka'!"'incJs. Alternates tn:::.y be selected by the Owner in sny order ~u!d the !s for comrenlence lrrGiude a1! fabor, overhead, .and any ot1·iet ccsts associated with these o.iternates,
AltHn:aie No, i Payrr1ent VJ"1ndow (8ooi8'rt f1:;awn base
;.;lternaito~ 1\io, 2 Bullet Resistant Fitler·girlss [-;;cmels
Back Counter
d'f.J $ ~~----·-<M~~----
('!../
$ ~----·--···----~~~~-~~-
The Contn3ctor shal! or·::>Vide 2 cost for· each of the- foilm.vir,a lten1s. liiclude ali' overhead, l)r·of!t and any other costs associated V·Jith these alternates.
Bu!!et Rs;sistant Fi!oerctlcle!S Panels for A!ternate #2
Back Count·sr for ,{\!temate #3
\Nlndcw Bl.lnd for .A.iterT1ate #i r(if)'
$ ''''"'''------------
Electrical VVork fot~ f:.lternate #'I
Painting & CauH<:ing for /~.1ten1ate #'~
inte:-ior Counter for t\1temate #'i
Bids Due: Bid f~J!;Vievv .Staff l\Jotlce of Selection to Counci~: Contract /\\vard by Counci!: Contract .Signlng Construction· Schedule:
~nltlal Date:
Decen;bet' 13,2013 Dece-mber 20i3
ii,20i4@ 13,2014
Febi"uary 20i4 Febn;ary 2014 f\!larch iO, 2014
/\pri!
" 0--~-----------------·-
this date, the contractor shall have :Tessurernents lnvestlQations, ords-red drav•.Iillgs for mil!!\vcxk. and s!miiar items, milivt~ork. fabrlcatiol1.
tax~Ss,
On··S(i:e Dernolitfon: May 9 g, hliay 10, 20i 4 -"Contractor shall be on .. slte to conduct all dernolltlon work and ternparary partltlon constnJction. This \Nork !s to be by the' end of tile dc;y May -:.o, 2014< .
New VVod< ln.stalfe~Uon: May 12 u·1rough f\/ray ·'t6, 20'14- lnstatlation of new work to comme(JcE:> on May ·12, 2014 and continue \Nith SUBST/\NTJAL ti--JSTALl.L;TiOf\1
Dearborn D'""''"i':mew1t r';l!);lfo;-er',;l Counter ADA wrrp!!'O'vemsnts
GEOR.G~ ol. HARTMAN ARCH!TEC·rs PRO~ECT NO. '1!278
COMPLETE by the end of the day May i 6, 2014. May 22,2014- A!l work to be 100% complete by this date.
Tl'"'JrS Contractor hereby affirms that he has examined the documents and premises including the drawings) specificatfons, general and supplementary conditions, and other requirements, and that his proposed lump-, sum. bid includes all costs to complete all portions of the V/ork within the negotiated time limits. The contractor also aifirms and states that he has the equipment, manpower, tools and knowledge to com plate the uequirenJents ofthis Project witr1in the tirne Hmlts established.
THIS PROJECT IS FUNDED PARTiALLY/FULLY BY FEDERJJ,l FUNDS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT \CDBG) PROGRAM ADMINISTERED BY THE U.S. DEPARTMENT OF
HOUSIIlG AND URBAN DEVELOPMENT.
THIS PROJECT IS SUBJECT TO ALl APPLICABlE HUIJ RULES AND REGULATIONS INCLUDING FEDERAL DAVIS-BACON WAGE RULES AND REGUlATIONS AND All APPliCABlE CITY
REGULATIONS.
NOTICE fj!:JJ!WRE TO COMPLETE THIS FORM SHALL RESULT IN YOUR RESPONSE BEING DEEMED NON:
RESPONSIVE AND REJECTED WITHOUT ANY FURTHER EVALUATION,
The undet·signed, by submission of this Offer, hereby agrees to be obligated, if selected as the Contractor, to provide the stated goods and/or services to the City, and to enter a Contract with the City, in accordance with all terms and bfd documents as lndicated in the bid table of content, and addenda in the Request for Respom::>e, as we!! as the Form of Contract~ together with any written addendum as spec!fied above.
The hereby accepts all administrative requirements of the Sea!ed Bid and wl!l be in cornp!iance vvith such requirements. By submittlng this Response Form, the Respondent represents that: 1) the Respondent Is in compliance with any applicable City and HUD regu!atlons, and 2) ff awarded_ a conkact to provide the services required in the Sealed Bid, the Respondent will comply with the · requirements set forth in the Sealed Bid and (3) Respondent will sign the Construction I installation/ installation Contract (attached to Bid Package for reference) if awarded the Contract. Failure to sigrUhe Construction I installation I instaliation Contract within fourteen (i4) days of notification of award of ' contract will result in a breach and Respondent will forfeit his/her bid bond.
NONCOUJJ;llON;_
The undersigned, by submission of th.is Response Form, hereby declares that this Response is made without coHuslon VJitfl any other business making any other Response, or which otheMrise wouid make a R.esponse.
EJearbom Heighis City Ha!l Tr~asUJrer~s Depzrtm~nt Payment Counter ADA Improvements GEORGE J. HARTMAN ft,RCHlTECTS PROJECT NO. 1278
Page:3 of 5
The inriF,,.,;,,r-Ad certif\es· \t has attached 2 :·esponssto sach of the submittal of thiS •.,CCit\l,CC'·'
outlined tn the "B.Jd ~.ndex
T
Dearbom Hriiv;ht§ Trreasu~:·er:s
s.l'sr.) certifles it 1T3S read and undsrs.ta.nds Bfl B!d Docut-r1ents $.$
contact:
BIDDEFi:'S NAtAE and 1-\DDRESS
Yes No
_:L.
T~-te un,:Jec·sitlr<ed has read, understancis and ls cognizant of the information to Off:;:;r an Sections together vvlth any vvriti:en addendum. ~ssued In connection vv\th
ohm_,, .. TI,,~ ackno\1\ll~..:dges receipt of' the addendum(s) listed above.
FORM OF PROPOSAL December 10, 2013
(Submit One Original and Two Copies) FOR
City of Dearborn Heights Community and Economic Development Department (CEDD)
Treasurer's Department Payment Counter ADA Improvements
NAME oF BIDDER: 6120 C(lromecr;ioJ lntenor~ ADDREss: 1001 Laurence Avr;_~., t)wre.. 0 ~JacK bon , IV'll yq202.. PHONE#: 511-1£A-iJ609 FAX#: 517-7f?Cj-(}Qb5
DATE:
1
~• lQ, 'i ALL BIDS SHALL BE SUBMITTED TO:
DELIVERY:
City of Dearborn Heights Comptroller's Office Treasurer's Department Payment Counter ADA Improvements 6045 Fenton Dearborn Heights, Michigan 48127
MAIL:
City of Dearborn Heights Comptroller's Office Treasurer's Department Payment Counter ADA Improvements 6045 Fenton Dearborn Heights, Michigan 48127
TOTAL BASE PROPOSAL
The undersigned, hereinafter referred to as the Contractor, proposes to furnish all labor, material, weather protection, heat, tools, equipment, permits, inspections, testing, and supervision required for the complete construction of the City of Dearborn Heights Treasurer's Office ADA Counter Project, in strict accordance with the Drawings and Specifications prepared by George J. Hartman Architects, P .C., dated December 10, 2013 and including all addenda and alternates listed for the lump sum firm price of:
Fi:vr+~ 1=='1\I'V ])()l):?Clnd N )QV l±wrlred Dollars $ 45; g 55.00 J- ftv t--i ve, n na •ry,oo
The said amount, which constitutes l(le Total Base Proposal, mcludes all Sales and/or Use Taxes or other !axes of whatever character or description. The Contractor agrees to abide by all Federal funding requirements as listed in the specifications and advertisement to bid.
Dearborn Heights City Hall Treasurer's Department Payment Counter ADA Improvements GEORGE J. HARTMAN ARCHITECTS PROJECT NO. 1278
Page 1 of 5
FORM OF PROPOSAL December 10, 2013
8liERNATES
Tl1e contractor shall provide alternate prices for the items listed below and as shown on the drawings. Alternates may be selected by the Owner in any order and the numbering is for convenience only. Include all labor, material, taxes, overhead, profit and any other costs associated with these alternates.
Alternate No. 1 Payment Window (Deduct from base bid)
Alternate No. 2 Bullet Resistant Fiberglass Panels (Deduct from base bid)
Alternate No. 3 Back Counter (Deduct from base bid)
COST BREAKDOWN
$ z 1100.00
The Contractor shall provide a cost for each of the following items. Include all labor, material, taxes, overhead, profit and any other costs associated with these alternates.
Bullet Resistant Fiberglass Panels for Alternate #2 $ 2,qoo .. oo Back Counter for Alternate #3 $ 1.~00.00
Window Blind for Alternate #1 $ 100 DO Electrical Work for Alternate #1 $ l,zoo. oo Painting & Caulking for Alternate #1 $ ~oo.oo Interior Counter for Alternate #1
TIME SCHEDULE:
BidNet Posting: Legal Publishing: Mandatory Pre-Bid Meeting: Bids Due: Bid Review by Staff Notice of Selection to Council: Contract Award by Council: Contract Signing Construction Schedule:
Initial Progress Date:
On-Site Demolition:
New Work Installation:
Dearborn Heights City Hall
December 13, 2013 December 18, 2013
$ '?;I cwa • 00
January 9, 2014 @ 3:00 p.m. February 11, 2014 @ 3:00 p.m. February 13, 2014 February 17, 2014 February 25, 2014 March 1 0, 2014
April 14, 2014- By this date, the contractor shall have completed field measurements and investigations, ordered materials, prepared shop drawings for millwork and similar items, begin millwork fabrication. May9 & May 10,2014- Contractor shall be on-site to conduct all demolition work and temporary partition construction. This work is to be completed by the end of the day May 10,2014. May 12 through May 16, 2014- Installation of new work to commence on May 12, 2014 and continue daily with SUBSTANTIAL INSTALLATION
Treasurer's Department Payment Counter ADA Improvements GEORGE J. HARTMAN ARCHITECTS PROJECT NO. 1278
Page 2 of 5
FORM OF PROPOSAL December 10, 2013
COMPLETE by the end of the day May 16, 2014. Complete All Construction: May 22, 2014- All work to be 100% complete by this date.
The Contractor hereby affirms that he has examined the documents and premises including !he drawings, specifications, general and supplementary conditions, and other requirements, and that his proposed lumpsum bid includes all costs to complete all portions of the work within the negotiated time limits. The contractor also affirms and states that he has the equipment, manpower, tools and knowledge to complete the requirements of !his Project within the time limits established.
THIS PROJECT IS FUNDED PARTIALLY/FULLY BY FEDERAL FUNDS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ADMINISTERED BY THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT.
nilS PROJECT IS SUBJECT TO ALL APPLICABLE HUD RULES AND REGULATIONS INCLUDING FEDERAL DAVIS-BACON WAGE RULES AND REGULATIONS AND ALL APPLICABLE CITY
REGULATIONS.
NOTICE FAILURE TO COMPLETE THIS FORM SHALL RESULT IN YOUR RESPONSE BEING DEEMED NON
RESPONSIVE AND REJECTED WITHOUT ANY FU8THER EVAWA TION .
. OBLIGATION:
The undersigned, by submission of this Offer, hereby agrees to be obligated, if selected as the Contractor, to provide the stated goods and/or services to the City, and to enter a Contract with the City, in accordance with all terms and bid documents as indicated in the bid table of content, and addenda in the Request for Response, as well as the Form of Contract, together with any written addendum as specified above.
COMPLIANCE:
The undersigned hereby accepts all administrative requirements of the Sealed Bid and will be in compliance with such requirements. By submitting this Response Form, the Respondent represents that: 1) the Respondent is in compliance with any applicable City and H UD regulations, and 2) if awarded, a contract to provide the services required in the Sealed Bid, the Respondent will comply with the requirements set forth in the Sealed Bid and (3} Respondent will sign the Construction I installation I installation Contract (attached to Bid Package for reference) if awarded the Contract. Failure to sign .!he Construction I installation I installation Contract within fourteen (14} days of notification of award of ' contract will result in a breach and Respondent will forfeit his/her bid bond.
NON COLLUSION:
The undersigned, by submission of this Response Form, hereby declares that this Response is made without collusion with any other business making any other Response, or which otherwise would make a Response.
llearilorn Heights City Hall Trr<!H'isurer's Department Payment Counter ADA Improvements GEORGE J. HARTMAN ARCHITECTS PROJECT NO. 1278
: :;_.
Page 3 of 5
FORM OF PROPOSAL December 10, 2013
§LUBMITTAL REQUIREMENTS: ' ' . i .
Tt1e undersigned certifies it has attached a complete response to each of the submittal requirements of this SEALED BID. The undersigned also certifies it has read and understands all Bid Documents as outiined in the "Bid Index Page".
No Response shall be accepted which has not been manually signed in ink in the appropriate space below:
For clarification of this offer, contact:
Name: -""'0"-""'0!9~...:.:..1vl...:.:..C~k ;-'-'-"11 C+-Jp_
517- 1 eq - q b oc1 Phone:
Signature of Person Authorized to Sign
_,Q;uli lvk:K; I lop Pj)9ted · arne
hi?~?ident Tift a
:?ra,:;r121lt B Federal Tax ID
Dearborn Heights City Hall
(name) as
j() A1. 'fl('ii ""''"'"''"•" hO(~ 'L !- A'iy 83tiki)G ~Kli.SSI%1f1)(}GJ },_;¥'!]
Treasurer's Department Payment Counter ADA Improvements GEORGE J. HARTMAN ARCHITECTS PROJECT NO. 1278
Page, 4 of 5
FORM OF PROPOSAL December 10,.2013
(Submit One Original and Two Copies) FOR
City of Dearborn Heights Community and Economic Development Department (CEDD)
Treasurer's Department Payment Counter ADA Improvements
NAME OF BIDDER: Cmo;,-::, l';eooyu...±ion
ADDRESS: 2 'ii S !c 3 fo..n::lo S:t. 1 (,q.o;)e.o C_ui ~Df,.' 1,_r:;M:ui~-_-<.!:t.J>'if..ti3"-S"'-----------
PHONE#: ("1<>'+) !~'ir-0'-lZZ FAX#: ("1>4) '7'-1:0- G,Z.IZ.
DATE: 1.../lt/zoJ<.J
ALL BIDS SHALL BE SUBMITTED TO:
DELIVERY:
City of Dearborn Heights Comptroller's Office Treasurer's Department Payment Counter ADA Improvements 6045 Fenton Dearborn Heights, Michigan 48127
1\/lA!L:
City of Dearborn Heights Comptroller's Office Treasurer's Department Payment Counter ADA Improvements !l045 Fenton Dearborn Heights, Michigan 48127
TOTAL BASE PROPOSAL
The undersigned, hereinafter referred to as the Contractor, proposes to furnish all labor, material, weather protection, heat, tools, equipment, permits, inspections, testing, and supervision required for the complete construction of the City of Dearborn Heights Treasurer's Office ADA Counter Project, in strict accordance with the Drawings and Specifications prepared by George J. Hartman Architects, P.C., dated December 10,2013 and including all addenda and alternates listed for the lump sum firm price of:
The said amount, which constitutes the Total Base Proposal, includes all Sales and/or Use Taxes or other taxes of whatever character or description. The Contractor agrees to abide by all Federal funding requirements as listed in the specifications and advertisement to bid.
Dearborn Heights City Hall Treasurer's Department Payment Counter ADA Improvements GEORGE J. HARTMAN ARCHITECTS PROJECT NO. 1278
Page 1 of 5
FORM OF PROPOSAL December 10, 2013
ALTERNATES
The contractor shall provide alternate prices for the items listed below and as shown on the drawings. Alternates may be selected by the Ovmer in any order and the numbering is for convenience only. Include all labor, material, taxes, overhead, profrt and any other costs associated with these alternates.
Alternate No. 1 Payment Window (Deduct from base bid)
Alternate No. 2 Bullet Resistant Fiberglass Panels (Deduct from base bid)
Alternate No. 3 Back Counter (Deduct from base bid)
COST BREAKDOWN
$ :z., 'loo. oo
$ <.\ f (, 00 . 0 0
$ SS"0-00
The Contractor shall provide a cost for each of the following items. Include all labor, material, taxes, overhead, profit and any other costs associated with these alternates.
Bullet Resistant Fiberglass Panels for Alternate #2 $ C-\,(.,oo.oo
Back Counter for Alternate #3 $ ss-o. oo
Window Blind for Alternate #1 $ 100- 00
Electrical Work for Alternate #1 $ oOO- 00
Painting & Caulking for Alternate #1 $ zoo.oo
Interior Counter for Alternate #1
TIME SCHEDULE:
BidNet Posting: legal Publishing: Mandatory Pre-Bid Meeting: Bids Due: Bid Review by Staff Notice of Selection to Council: Contract Award by Council: Contract Signing Construction Schedule:
Initial Progress Date:
On-Site Demolition:
New Work Installation:
Dearborn Heights City Hall
December 13,2013 December 18, 2013
$ z.so.oo
January 9, 2014 @3:00p.m. February 11, 2014 @ 3:00 p.m. February 13, 2014 February 17, 2014 February 25, 2014 March 10, 2014
April 14, 2014 - By this date, the contractor shall have completed field measurements and investigations, ordered materials, prepared shop drawings for millwork and similar items, begin millwork fabrication. May 9 & May 10, 2014- Contractor shall be on-site to conduct all demolition work and temporary partition construction. This work is to be completed by the end of the day May 10,2014. . , , . May 12 through May 16,2014 -Installation of new work to commence on May 12, 2014 and continue daily with SUBSTANTIAl INSTALLATION
Treasm·er's Department Payment Counter ADA Improvements GEORGE J. HARTMAN ARCHITECTS PROJECT NO. 1278
Page2 of 5
FORM OF PROPOSAL December 10,2013
COMPLETE by the end of the day May 16, 2014. Complete All Construction: May 22, 2014- All work to be 100% complete by this date.
The Contractor hereby affirms that he has examined the documents and premises including the drawings, specifications, general and supplementary conditions, and other requirements, and that his proposed lumpsum bid includes all costs to complete all portions of the work within the negotiated time limits. The contractor also affirms and states !hat he has the equipment, manpower, tools and knowledge to complete the requirements of this Project within the time limits established.
THIS PROJECT IS FUNDED PARTIALLY/FULLY BY FEDERAL FUNDS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ADMINISTERED BY THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT.
THIS PROJECT IS SUBJECT TO ALL APPLICABLE HUD RULES AND REGULATIONS INCLUDING FEDERAL DAVIS-BACON WAGE RULES AND REGULATIONS AND ALL APPLICABLE CITY
REGULATIONS.
NOTICE FAILURE TO COMPLETE THIS FORM SHALL RESULT IN YOUR RESPONSE BEING DEEMED NON·
RESPONSIVE AND REJECTED WITHOUT ANY FURTHER EVALUATION.
OBLIGATION:
The undersigned, by submission of this Offer, hereby agrees to be obligated, if selected as the Contractor, to provide the stated goods and/or services to the City, and to enter a Contract with the City, in accordance with all terms and bid documents as indicated in the bid table of content, and addenda in the Request for Response, as well as the Form of Contract, together with any written addendum as specified above.
COMPLIANCE:
The undersigned hereby accepts all administrative requirements of the Sealed Bid and will be in compliance with such requirements. By submitting this Response Form, the Respondent represents that: t) the Respondent is in compliance with any applicable City and HUD regulations, and 2) if awarded a contract to provide the services required in the Sealed Bid, the Respondent will comply with the requirements set forth in the Sealed Bid and (3) Respondent will sign the Construction I installation I installation Contract (attached to Bid Package for reference) if awarded the Contract. Failure to sign the Construction I installation I installation Contract within fourteen (14) days of notification of award of ' contract will result in a breach and Respondent will forfeit his/her bid bond.
NON COLLUSION:
The undersigned, by submission of this Response Form, hereby declares that this Response is made without collusion with any other business making any other Response, or which otherwise would make a Response.
Dearborn Heights City Hall Treasurer's Department Payment Counter ADA Improvements GEORGE J. HARTMAN ARCHITECTS PROJECT NO. 1278
Page3 of 5
FORM OF PROPOSAL December 10, 2013
SUBMITTAL REQUIREMENTS:
The undersigned certifies it has attached a complete response to each of the submittal requirements of this SEALED BID. The undersigned also certifies it has read and understands all Bid Documents as outlined in the "Bid Index Page".
No Response shall be accepted which has not been manually signed in ink in the appropriate space below:
I certify, under penalty of perjury, !hall have the legal authorization to bind the finm hereunder:
Cros'S ~enovo..·H on For clarification of this offer, contact: Company Name
Address
Sig
_ tvli c.hM.J Bukhe.r-Printed Name
Title
"::,0-0SSZO/'S Federal Tax 10
Phone: (13<.1-) I,(Z-1'/'5 I
Fax: (1 ~ ~.\) "'<-\ :, - <. 2.1 Z..
Acknowledged before me by {"\.\ck~z \ :S,v\;d,,e{(name) as G=e.,.tr., \ ]"~;,,<cj<f(title) of
Crco•, '· \l ev,w .,\,~,, (Company) this ~- (day) of (<.p-g V"cCL-'i (month). 20\ '-\.
Notary Signature: ~ My Commission Expires: ;/>s(O•. \ ') ?, d:c\ '-'i Affix Seal <
Dearborn Heights City Hall Treasurer's Department Payment Counter ADA Improvements GEORGE J. HARTMAN ARCHITECTS PROJECT NO. 1278
MOHAMAD H HIJAZI Notary Public - Michigan
Wayne County My Commission Expires Apr 23, 2018 Acting in the County of -~.h~t!l
Page 4of5
FORM OF PROPOSAL
ADDENDA ACKNOWLEDGMENT
BIDDER'S NAME and ADDRESS
NAME OF BIDDER: C-.-os<:. \Z,e,novo.J-ion
ADDRESS: Z.'i(S'(,'3 P"'-dos+., Go.n:leo C;J-'l• IV\\. '-J'Ifi3S
PHONE#: (-gy.') I '6¥-o'iZ.Z.
DATE: z./u I z ofLI. I
December 10, 2013 .. , ,.
Addendum No. Addendum Date Received Included in Bid
Yes No Yes No
{ 7-/!o /zo;'{ X X
. '
" '., .
ADDENDA:
The undersigned has read, understands and is fully cognizant of the information to Respondents, Offer and Form of Contr ection ereto, together with any written addendum issued in connection with any of the above u ersi reby acknowledges receipt of the addendum(s) listed above . .
!Dearborn Heights City Hall Treasurer's Department Payment Counter ADA Improvements GEORGE J. HARTMAN ARCHITECTS PROJECT NO. 1278
DATE 2..)11/zo!'-f '
Page 5 of5
FORM OF PROPOSAL December 10, 2013
(Submit One Original and Two Copies) FOR
City of Dearborn Heights Community and Economic Development Department (CEDD)
Treasurer's Department Payment Counter ADA Improvements
NAME OF BIDDER: AQUARIAN CONSTRUCTION INC.
ADDRESS: 19625 W. 7 Mile Road, Detroit, MI 48219
PHONE#: (313) 535-5055
DATE: February 11, 2014
ALL BIDS SHALL BE SUBMITTED TO:
DELIVERY:
Cily of Dearborn Heights Comptroller's Office Treasurer's Department Payment Counter ADA Improvements 6045 Fenton Dearborn Heights, Michigan 48127
MAll:
Cily of Dearborn Heights Comptroller's Office Treasurer's Department Payment Counter ADA Improvements 6045 Fenton Dearborn Heights, Michigan 48127
TOTAL BASE PROPOSAL
FAX#: (313) 535-5638
The undersigned, hereinafter referred to as the Contractor, proposes to furnish all labor, material, weather protection, heat, tools, equipment, permits, inspections, testing, and supervision required for the complete construction ofthe City of Dearborn Heights Treasurer's Office ADA Counter Project, in strict accordance with the Drawings and Specifications prepared by George J. Hartman Architects, P .C., dated December 10, 2013 and including all addenda and alternates listed for the lump sum firm price of:
-~ :;;"~ ....IP (If) ~ f!·lf_c/~'f ' lh~J?: ... Yf.tf#r::.:n<:f . Dollars $5 ;3, , f) C.) () ' Ll I The said amount, which constitutes !he Total Base Proposal, includes all Sales and/or Use Taxes or other taxes of whatever character or description. The Contractor agrees to abide by all Federal funding requirements as listed in the specifications and advertisement to bid.
De1lrborn Heights Cily Hall Traascorer's Department Payment Co11nler ADA improvements GsORGE J. HARTMAN ARCHITECTS PROJECT NO. 127!!
Page 1 of5
FORM OF PROPOSAL December 10, 2013
ALTERNATES
The contractor shall provide alternate prices for the items listed below and as shown on the drawings. Alternates may be selected by the Owner In any order and the numbering is for convenience only. Include ail labor, material, taxes, overhead, profit and any other costs associated with these alternates.
Alternate No.1 Payment Window $ 8':=,.1_:/c._·'_2.,..;5::._ __ _ (Deduct from base bid)
Alternate No. 2 Bullet Resistant Fiberglass Panels (Deduct from base bid)
Alternate No. 3 Back Counter (Deduct from base bid)
COST BREAKDOWN
$ 2,Cj{)u
$ 5 a>· csz,
The Contractor shall provide a cost for each of the following items. Include all labor, material, taxes, overhead, profit and any other costs associated with these alternates.
Bullet Resistant Fiberglass Panels for Alternate #2
Back Counter for Alternate #3
Window Blind for Alternate #1
Electrical Work for Alternate #1
Painting & Caulking for Alternate #1
Interior Counter for Alternate #1
TIME SCHEDULE:
BidNet Posting: legal Publishing: Mandatory Pre-Bid Meeting: Bids Due: Bid Review by Staff Notice of Selection to Council: Contract Award by Council: Contract Signing Construction Schedule:
Initial Progress Date:
On-Site Demolition:
New Work Installation:
D~"rbom Heights CHy Hall
December 13,2013 December 18,2013 January 9, 2014@ 3:00p.m. February 11, 2014 @ 3:00 p.m. February 13, 2014 February 17, 2014 February 25, 2014 March 10, 2014
April 14, 2014 - By this date, the contractor shall have completed field measurements and investigaf<ons, ordered materials, prepared shop drawings for millwork and similar items, begin millwork fabrication. May 9 & May 10, 2014- Contractor shall be on-site to conduct all demolition work and temporary partition construction. This work is to be completed by the end of the day May 10,2014. . May 12 through May 16,2014 -Installation of new work to cornme~ce on May 12, 2014 and continue daily with SUBSTANTIAL INSTALLATION
Tre;osurei"s Department Payment Counter ADA Improvements -GEORGE J, HARTMAN ARCHITECTS PROJECT NO. 1278
Page2 of5
FORM OF PROPOSAL December 1U, ..:u1~
;!?UBMITTAL REQUIREMJoNTS:
The undersigned certifies it has attached a complete response to each of the submittal requirements of this SEALED BID. The undersigned also certifies it has read and understands all Bid Documents as outlined in the "Bid Index Page".
No Response shall be accepted which has not been manually signed in ink in the appropriate 01ace below:
I certify, under penalty of perjury, that i have the legal authorization to bind the firm hereunder:
AQUARIAN CONSTRUCTION INC. For clarification of this offer, contact: Company Name
19625 W 7 Mile Road Address
Rico Williams Printed Name
President Title
26-156138 Federal Tax ID
Notary Signature: .?\-==:, (J).x:}~- dt::--, \ ;V,Di"X:f)._ My Commission Expires: flLc1D , L{- 2.J::. 2.o Affix Seal
Dear!Jom Heights City Hall
Name: Rico Williams
Phone: 313-535-5055
Fax: 313-535-5638
Treasurer's Department Paymtonl Counter ADA Improvements GEORGE J, HARTMAN ARCHITECTS PROJECT NO. 1:278
(month), 20 I '4.
Page 4 of 5
FORM OF PROPOSAL December 10, 2013 ., ,.
ADDENDA ACKNOWLEDGMENT
BIDDER'S NAME and ADDRESS
NAME OF 81 DOER: ~UARI,'c'A"'.N_,Ce;O!ON-._,Sc<cT"oRU<J:CecT'c'I,-"O'ElN~IN~C,_.,___ _____________ _
ADDRESS: 19625 W. 7 Mile Road Detr ·
PHONE#: _1_!3-535-5055 FAX#: 313-535-5638
DATE: E'ebruary 11, 2014
Addendum No. Addendum Date Received Included in Bid
Yes No Yes No
-~<..... '---,"tf-tr- ~-·- -4'1' -NJ.A--~~\lee ' ~- Nc•" '--
I '2-- /1 civ:J / 4 Y(i:_c; Y&s ? I '
'
.
" _,,.
' ' "'
ADDENDA:
The unders~d1has read, understands and is fully cognizant of the informatron to Respondents, Offer and Form l~~-oj1tract, all ections thereto, together with any written addendum issued in connection with any of~hjab1. The u ersigfd her,rby acjnowlex:.receipt of the addendum(s) listed above.
SIGNi)<_4 tl \, . \ ,/JJ\_j '-.. DATE 2_ - J 1-- } l) TITLE ,J(e g I cJ e.;·t±:__
Dearborn Heights City Ha'll Treasurer's Department Paymenl Counter ADA lmprovemenls GEORGE J. HARTMAN ARCHi,TE.CTS PROJECT NO. 1278
'\
FORM OF PROPOSAL December 10, 2013
(Submit One Original and Two Copies) FOR
City of Dearborn Heights Community and Economic Development Department (CEDD)
Treasurer's Department Payment Counter ADA Improvements
NAMEOFBIDDER: ____ W_-_3 __ C_o_n_s_t_r_u_ct_l_·a_n __ C_o_m~p_a_ny~----------------------------
ADDRESS: 7601 Second Ave., Detroit, MI 48202
PHONE#: __ ~3~1~3-~8~7~5_-~8~00~0~---------
DATE: ___ ___:2::._-_:1:_:1_-.::_14-'-----------
ALL BIDS SHALL BE SUBMITTED TO:
DEliVERY:
City of Dearborn Heights Comptroller's Office Treasurer's Department PalfiT!ent Counter ADA Improvements 11045 Fenton Dearborn Heights, Michigan 48127
MAIL:
City of Dearborn Heights Comptroller's Office Treasurer's Department Payment Counter ADA Improvements 6045 Fenton Dearborn Heights, Michigan 48127
TOTAL BASE PROPOSAL
FAX#: 313-875-4 711
The undersigned, hereinafter referred to as the Contractor, proposes to fum ish all labor, material, weather protection, heat, tools, equipment, permits, inspections, testing, and supervision required for the complete construction of the City of Dearborn Heights Treasurer's Office ADA Counter Project, in strtct accordance with !he Drawings and Specifications prepared by George J. Hartman Architects, P.C., dated December 10,2013 and Including all addenda and alternates listed for the lump sum firm price of:
': \\"""\-'--~ Fv-Je- ·-\ ···\<to0.>1h.:.Jt":>t1Q.,x-·c \\lr .. b.ll.~lil'>Doilars $ 5':> 1 "0 00 · CJ;:::,
The said amount, which constitutes the Total Base Proposal, includes all Sales and/or Use Taxes or other taxes of whatever character or description. The Contractor agrees to abide by all Federal funding requirements as listed in the specifications and advertisement to bid.
Dllarborn Heights City Hall 1'r®asurer's Department Payment Counter ADA Improvements GEORGE J. HARTMAN ARCHITECTS PROJECT NO. 1278
Page 1 of5
ii: --
fORM OF PROPOSAL December 10, 2013
AlTERNATES
The contractor shall provide alternate prices for the items listed below and as shown on the drawings. Alternates may be selected by the Owner In any order and the numbering is for convenience only. Include all labor, material, taxes, overhead, profit and any other costs associated with these alternates.
Alternate No. 1 Payment Window (Deduct from base bid}
Alternate No. 2 Bullet Resistant Fiberglass Panels (Deduct from base bid)
Alternate No. 3 Back Counter (Deduct from base bid}
COST BREAKDOWN
$ 4. $1Zl.C1 . 00
The Contractor shall provide a cost for each of the following ttems. Include all labor, material, taxes, overhead, profit and any other costs associated with these alternates.
Bullet Resistant Fiberglass Panels for Alternate #2 $ "'L , "boo .. ow .. Back Counter for Alternate #3 $ l)co · tJv
Window Blind for Alternate #1 $ 'LL'tJ·/)G
Electrical Work for Alternate #1 $ 1...0ID :ti'
Painting & Caulking for Alternate #1 $ \ '8'3· cKl
Interior Counter for Alternate #1
TIME SCHEDULE:
BidNet Posting: Legal Publishing: Mandatory Pre-Bid Meeting: Bids Due: Bid Review by Staff Notice of Selection to Council: Contract Award by Council: Contract Signing Construction Schedule:
Initial Progress Date:
On-Site Demolition:
New Work Installation:
i!:J®arborn Heights City Hall
December 13, 2013 December 18, 2013
$
January 9, 2014@ 3:00p.m. February 11,2014@ 3:00p.m. February 13, 2014 February 17, 2014 February 25, 2014 March 10, 2014
'150 ()\j ''I '
April 14, 2014 - By this date, the contractor shall have completed field measurements and investigations, ordered materials, prepared shop drawings for millwork and similar items, begin millwork fabrication. May 9 & May 1 0, 2014 - Contractor shall be on-site to conduct all demolition work and temporary partition construction. This work is to be completed by the end of the day May 10,2014. . ., . . May 12 through May 16, 2014- Installation of new work to commence on May 12, 2014 and continue daily w~h SUBSTANTIAL INSTALLATION
Treasurer's Department Payment Counter ADA Improvements GEORGE J. HARTMAN ARCHITECTS PROJECT NO. 1278
Page2 of5
FORM OF PROPOSAL December 10,2013
COMPLETE by the end of the day May 16, 2014. Complete All Construction: May 22, 2014 -All work to be 100% complete by this date.
Tile Contractor hereby affirms that he has examined the documents and premises Including the drawings, specifications, general and supplementary conditions, and other requirements, and that his proposed lumpsum bid includes all costs to complete all portions of the work within the negotiated time limits. The contractor also affirms and states that he has the equipment, manpower, tools and knowledge to complete the requirements of this Project within the time limits established.
THIS PROJECT IS FUNDED PARTIALLY/FULLY BY FEDERAL FUNDS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ADMINISTERED BY THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT.
THIS PROJECT IS SUBJECT TO ALL APPLICABLE HUD RULES AND REGULATIONS INCLUDING FEDERAL DAVIS-BACON WAGE RULES AND REGULATIONS AND ALL APPLICABLE CITY
REGULATIONS.
NOTICE FAILURE TO COMPLETE THIS FORM SHALL RESULT IN YOUR RESPONSE BEING DEEMED NON
RESPONSIVE AND REJECTED WITHOUT ANY FURTHER EVALUATION.
OBLIGATION:
The undersigned, by submission of this Offer, hereby agrees to be obligated, if selected as the Contractor, to provide !he stated goods and/or services to the City, and to enter a Contract with the City, in accordance with all terms and bid documents as indicated in the bid table of content, and addenda in the Request for Response, as well as the Form of Contract, together with any written addendum as specified above. ·• ·
COMPLIANCE: .. · The undersigned hereby accepts all administrative requirements of the Sealed Bid and will be in compliance with such requirements. By submitting this Response Form, the Respondent represents that: 1) the Respondent Is in compliance with any applicable City and HUD regulations, and 2) if awarded. a contract to provide the services required in the Sealed Bid, the Respondent will comply with the requirements set forth in the Sealed Bid and (3) Respondent will sign the Construction I installation I installation Contract (attached to Bid Package for reference) if awarded the Contract. Failure to sign the Construction I installation I installation Contract wtthin fourteen (14) days of notification of award of · contract will result in a breacih and Respondent will forfeit his/her bid bond.
!'.!ONCOLLUSION:
The undersigned, by submission of this Response Form, hereby declares that this Response is made without collusion with any other business making any other Response, or which otherwise would make a Response.
Dearborn Heights City Hall Tr®asurer's Department Payment Counter ADA Improvements GEORGE J. HARTMAN ARCHITECTS PROJECT NO. 1278
·t:! ' !!
Page 3 of 5
,I ;•''
FORM OF PROPOSAL December 10, 2013
SUBMITTAL REQUIREMENTS:
The undersigned certifies it has attached a complete response to each of the submittal requirements of this SEALED BID. The undersigned also certifies it has read and understands al[ Bid Documents as outlined in the "Bid Index Page".
~onse shall be accepted which has not been manually signed in Ink in the appropriate space below:
I certify, under penalty of perjury, that I have the legal authorization to bind the firm hereunder:
W-3 Construction Company
Company Name
7601 Second Avenue Address
Detroit, MI 48202
Walter E. Watson~ Jr. Printed Name
President/CEO
Title
38-2719237 Federal Tax ID
For clarification of this offer, contact:
Name: Wendel Martin
Phone: 313-875-8000
Fax: 313-875-4711
Acknowledged before me by Walter E. Watson, Jr(name) as President/CEO (title) of '
W-3 Construction Companxcompany) this--'-"-'=""----- (day) of February (month), 20l!±__.
Notary Signature: /(}(~ ~..J t(. ZJ7i15!Jyv My Commission Expires: __ 1_0'--/ 2-'3:..:/_1_6 __ _ Affix Seal
Dearborn Heights City Hall
VANESSA A. WArSON NOTARY PUBLIC, STATE OF Ml
COUNTY OF WAYNE MY COMMISSION EXPIRES Ocl23, 2{)1@
ACTING IN COUNTY OF UJ 1U, r/~uu
Treasurer's Department Payment Counter ADA Improvements GEORGE J. HARTMAN ARCHITECTS PROJECT NO. 1278
!
FORM OF PROPOSAL December 10, :1.013 '., ,.
ADDENDA ACKNOWLEDGMENT
BIDDER'S NAME and ADDRESS
NAME OF BIDDER: --"'W_-=.3_C.:_o_n_s_t_r_u_c_t_i_on_C_o_m-"p-a_n"'"y _______ --~.· ~~-----
ADDRESS: 7601 Second Avenue, Detroit, MI 48202
PHONE #: --"-31::.:3:_-_:::8..:.7:;:.5_-S::_O:..:O:...:Oc__ ____ _ FAX#: 313-875-4711 -~~----------
DATE: __ _:::2:_-=-1=-1-_:1:_:4 _______ _
Addendum No. Addendum Date Received Included in Bid
Yes No Yes No
\ ' \0. 1 ··~\ ..,/ t/
/..~ -
''
'
,.f .... ··; ', ..
ADDENDA:
The undersigned has read, understands and is fully cognizant of the information to Respondents, Offer and Form of Contract. all Sections thereto, together with any written addendum issued in connection with any of the above. The undersigned hereby acknowledges receipt of the addendum(s) listed above .. ·
rrn.E President/CEO
Dearborn Heights City Hall Treasurer's Department Payment Counter ADA Improvements GEORGE J. HARTMAN ARCHITECTS PROJECT NO. 1278
DATE __ ~2:_-=-l=-l-~l~4~ . .:_·~e-
Pages of5
l i
8-fr Daniel S. Paletko
Mayor's Office
February 17, 2014
Honorable City Council City of Dearborn Heights
Dear Council Members:
Mayor
I would like to appoint Mr. Mustafa Saadoon, who resides at 26946 Cherry Hill, to the Watershed Stewards Commission, to fill a vacancy previously occupied by Trevor TutroAnderson, who has recently resigned. Mr. Saadoon is a student at Crestwood High
AI"PROVEO FOr1 AGENDA OF
School and has presented an interest to join this commission. This term would expire in September, 2016. Furthermore, I would like to reappoint Mr. Steven Roberts, who resides at 24337 Pennie, and Mr. Bob Constan, who resides at 5527 Heather Lane, to the Commission. These tenus would expire in September, 2016.
Your concurrence in these appointments and reappointments would be greatly appreciated. Thank you.
Sincerely,
o~/}/ ;f}de--Daniel S. Paletko Mayor
DSP/rjh
City of Dearborn Heights • 6045 Fenton • Dearborn Heights. Ml48i27 • (313) 791-3490 • Fax (313) 791-3491
8-B Daniel S. Paietko Mayor
Mayor's Office
February 12,2014
Honorable City Council City of Dearborn Heights
Dear Council Members:
The Dearborn Heights Soccer Club has requested permission to hold their first Annual Opening Day Parade on Saturday, Aprill2, 2014 at 9:30a.m. Police Chief Gavin and Fire Chief Brogan have both approved the route and will provide any services they may require. Your approval would be greatly appreciated.
Sincerely,
Daniel S. Paletko Mayor
DSP/rjh
APPROVED FOR AGENDA OF
City of Dearborn Heights • 6045 Fenton • Dearborn Heights, Ml 48127 • (31 3) 791 ·3490 • Fax (3i 3) 791 ·3491
January 30, 2014 Mayor's Office City of Dearborn Heights 6045 Fenton Dearborn Heights, MI 48127-3294
Dear Mayor,
I am writing you to request a parade for the Opening Day of our game season for the Dearborn Heights Soccer Club. Western Suburban Soccer League or WSSL, has set the opening day for the Spring Season at April 12, 2014. I am requesting permission to have the parade as well as have it escorted by police and fire departments, and any other parties that wish to attend. I am not familiar with the entire procedure, but I know that I would like to start the parade at the Caroline Kennedy Library at 9:30am and finish at our game fields at Van Houten Park.
So, start at George Street and head East to Fenton. Turn south on Fenton and take that to Midway. Turn west on Midway and take to Silvery Lane. Turn north on Silvery Lane to the park and end it there. We could also take Robindale and then turn east on George to finish at the park. Our club has never done this before and we think this would be a great addition to our Spring Festivities as we try to get more Dearborn Heights children to join us in the fun recreational activity. Our club currently has around 250 children from the ages of 3-16 years of age. We have an "In-house" program and a travel program. In house plays games at VanHouten Park. Our travel program will take our kids as far as rules state. They travel to Hartland, to Chelsea, to Kalamazoo and places in between. They do a great job of representing our city and what it stands for. Please consider this request and let us know how and where to proceed.
As part of the parade, we would like the Mayor and City Council to attend and even speak if they wish to the attendees. I wait for your response and thank you for allowing us to use the fields in this wonderful city.
~i~c7y'· ......• / ~~ r_J/~
Kelly M~s~n ~Equ~pment Manager DHSC Executive Board 7128 N Evangeline- D. Heights, 48127 313.574.5197or [email protected]
P.O. BOX 159 DEAR_BORN IIEICIITS, Ml 48127
February 10,2014
To: Mayor Daniel S. Paletko
From: Police Chief Lee Gavin
RE: Approval of Parade
Mayor Paletko,
Police Department
Lee Gavin Chief of Police
Daniel S. Paletko Mayor
The Police Department approves of the request from Dearborn Heights Soccer Club to have their annual Parade on Saturday, Aprill2, 2014 commencing at 9:30am.
We will provide the assistance necessary for this event.
Respectfully submitted,
£"? Q.f cZ~~:J~v
Chief of Police
Cc. Sgt. Todd Learst
Dearborn Heights Police Department 25637 Michigan Ave. Dearborn Heights, Michigan 48125 (313) 277-6770
To:
From:
Date:
Re:
Fire Department
Daniel Paletko, Mayor
David Brogan, Fire Chief
February 3, 2014
Dearborn Heights Soccer Club Parade
David Brogan Fire Chief
Daniel Paletko Mayor
In reference to the memo from Kelly Wilson regarding the Dearborn Heights Soccer Club parade, the Dearborn Heights Fire Department will be happy to participate in this event on Saturday, April12, 2014 at 9:30a.m.
The Duty Officer will be notified of the date and time of the event and will be instructed to contact Kelly Wilson if they have any questions.
~~ David Bro~~n· ~ Fire Chief
cc: "A" Duty Officer- HQ
City of Dearborn Heights • 1999 N. Beech Daly • Dearborn Heights, Ml 48127 • 313/277 ~7731 • FAX /277~7727
9-/1 John J. Riley II Treasurer
Treasurer's Office
February 17,2014
Honorable City Council City of Dearborn Heights
Dear Council Members:
I respectfully request the City Council approve the fiJllowing Treasurer's Office budget amendment:
Decrease Part-time 1 () 1-253-707.100 $ 900 Decrease Supplies l 0 1-253-728.000 $1,000 Increase Capital Outlay 10] -253-981000 $1,900
The amendment is to cover two items related to the installation of the handicap accessible (ADA) counter at the Treasurer's Office that are not eligible for Community Development Block Grant funding. The items are security panels $! ,000 and a back counter f(Jr $900.
If you have any questions, please feel lice to contact me at 313-791-3417.
Z-2.5-JI.j
City of Dearborn Heights • 6045 Fenton • Dearborn Heights, Ml48127 • (313) 791-3410 • Fax (313) 791-3411
RECYCLED PAPER
Date:
To:
From:
Subject:
Department of Public Works
2/13/2014
Honorable City Council Members
William Zimmer, Public Service Administrator
Computer Purchase
William Zimmer Public Service Administrator
Daniel S. Pale!K.OL........----. APPROVED FOR
AGENDA OF Mayor
I am requesting Council approval to purchase12 desk top computers for the Water Department per the attached specifications. These computers will replace obsolete and malfunctioning units at our DPW offices and City Hall Water Department Office
For your review, the attached quote is from the City of Dearborn. Ml- Contract:
Midwestern Higher Education Consortium (MHEC) 45ABZ bid, of $839.34 per computer for a total of $10,072.08.
These computer upgrades were approved in the 2013/2014 Water Department Capital Outlay. Your approval to purchase with payment upon receipt would be appreciated.
Please call my office if you have any questions.
;:! William Zim r
City of Dearborn Heights • 24600 Van Born Rd. • Dearborn Heights, Ml 48125 • (313) 791-6000 • Fax (313) 791-6001
Description
I Best Selling OptiPlex 3010 Small Form Factor Configuration
Date & Time: February 06,20141:58 PM CST
SYSTEM COMPONENTS Best Selling OptiPlex 3010 Small Form Factor Configuration Qty 1
OptiPlex 3010 Small Form Factor for Standard Power Supply, Unit Price $839.34
Windows 7 Professional, No Media, 64-bit, English
Catalog Number: 84 B 14800 BS
Module Description Product
Sku Id Code
OptiPlex 3010 OptiPlex 3010 Small Form [225-Small Form Factor for Standard Power 30!0SFF 3522] Factor Supply
[330-6228]
Operating Windows 7 Professional, No [421-
System Media, 64-bit, English W7PN61E 5334] 11
[421-5606]
3rd Gen Intel® Core™ i5-[319-3470 Processor (Quad Core,
Processors 6MB, 3.20GHz w/HD2500
153470 0734] 2
Graphics)
4GB, NON-ECC, 1600MHZ [370-Memory
DDR3,1DIMM 4G3Nl61 ABEN] 3
Dell USB Entry Keyboard [331-Keyboard with Detachable Palmrest, EUSBEP 9587] 4
English
[320-Monitors No Monitor NMON 3704] 5
Intel® Integrated Graphics [320-Graphics Cards
w/Single HDMINGA INTVIDC 3803] 6
Boot Hard 500GB 3.5 3.0Gb/s SATA [342-with 16r..1B D:!tiliur::;t ,:,:: ('lf\r.!-D Q 'J ,CO\~ll(l 0
Drives JVV ....... JJU.J "t7JVJ 0
Cache™
Dell MS Ill USB Optical [330-Mouse
Mouse USBOP 9458] 12
[318-Removable 8X Slimiine DVD+/-RW, 2231] Media Storage
Data Only DRM80 [318- 16
Device 2236]
Heat Sink, [331-Thermals Performance/Mainstream, HSSFF 8318] 17
Small Form Factor
Dell AX 510 Sound Bar for all [313-Speakers UltraSharp Flat Panel AX510 6414] 18
Displays (Black)
[318-2352]
OptiPlex 3010 Small Form [330-Power Supplies
Factor w/ Standard PSU SFFPSU 7422] 20
[331-8144]
[330-
Documentation English and 1711] Documentation
French DOCENF [340- 21
ABSZ]
Productivity [421-
Software No Productivity Software NOPSW 3872] 22
Energy [331-Efficiency No ESTAR Settings NOESTAR 8325] 25 Options
[313-Resource DVD No Resource DVD NORDVD 3673] 27
{936-2417] [939-6538] [939-
3 Year Pro Support with 3 6768]
Hardware Year NBD Limited Onsite [939-
Support Services Service After Remote U3IP 7298] 29
Diagnosis [939-7668] [939-7688] [989-3449]
Setup and [310-Features
Information No Tech Sheet NOTSH 9444) 40
Tech Sheet
Ship Packaging Shipping Material for System, [331-
Options Small Form Factor SFFSHIP 1270] 41
Encryption No DDPE Encryption [954-
Software Software NODDPE 3465] 156
Dell 22IN P2213 [320-Monitors FP,BLK,OptiPlex, Precision P2213 3807) 496
and Latitude
TOTAL: $839.34
Department of Public Works
To·. Honorable City Council
From: Will Zimmer, Public Service Administrator
Date: February 13, 2014
Re: Pelham Road Resurfacing Project Construction engineering Services
William Zimmer Public Service Administrator
Daniel S. Palet rWPPROVED FOR Mayor AGENDA OF
In accordance to the Contract with Michigan Department of Transportation for the resurfacing of Pelham Road, the City of Dearborn Heights is responsible to perform construction engineering, construction material testing and inspection services. The Department of Public Works has reviewed and concur with Wade Trim's letter dated February 10, 2014 to provide these services in an amount not to exceed $115,000. This work effort was anticipated and is programed in the 2013-14 Local and Major Street budget. I'm requesting Council's approval in this matter.
If you have any questions regarding this approval, please contact my office.
rz;·. William Zi mer
City of Dearborn Heights • 24600 Van Born Rd. • Dearborn Heights, Ml 48125 • (313) 791-6000 ·Fax (313) 791-6001
WADE TRIM
February 10, 2014
City of Dearborn Heights 24600 Van Born Road Dearborn Heights, Ml 48125
Attention: Mr. Bill Zimmer, Public Service Administrator
Re: Pelham Road- Construction Engineering Authorization
Dear Mr. Zimmer:
We are pleased to submit our request to perform Construction Engineering Services for the Pelham Road resurfacing project. This program is being funded though the Michigan Department of Transportation (MOOT) Local Agency Program. Our services will follow MOOT Local Agency Program requirements for construction inspection and contract administration services. Our work effort is based on the construction schedule the Contractor submitted for this project.
Construction Engineering Services is programed in the 2013-14 Road Budget for this project. To proceed with the Project we hereby request authorization from the City to perform construction engineering services for the Pelham Road Project in the amount not to exceed $115,000. If you have any questions or require further assistance, please do not hesitate to contact our office.
Very truly yours,
Wade Trim Associates, Inc.
9d\2~~~-Daniel R. Brooks, PE
DRB:ka DHT 2559-0H Pelham Road CE Authorization.doc
Wade Trim Associates, Inc. 25251 Northline Road P.O. Box 10 Taylor, Ml 48180
734.947.9700 800.482.2864 734.947.9726 fax www.wadetrim.com
ClTYOJc
Department of Public Works
Date: February 13, 2014
To: Honorable City Council
From: William Zimmer, Public Service Administrator
Re: Paving Program Hass Avenue/Military Hills Change Order No. 2 and Pay Certificate No. 4 Approval
9-D William Zimmer Public Service Administrator
DanielS. Paletk~o~~:;:::-;:-;:::::; Mayor APPROVED FOf-l
AGENDA OF
My office has reviewed Change Order No. 2 and Payment Certificate No. 4 prepared by Wade Trim for the Hass Avenue and Military Hills Paving Program. Change Order No. 4 is a reconciling Change Order for the actual quantity of pavement repairs on Hass Avenue and the Military Hills Subdivision showing an increase of $16,469.67 to the contract. There is money in the contingency account in the 2013-14 Local road budget to cover this amount. Therefore, we are requesting approval of Change Order No. 2 in the amount of $16,469.67 and for Payment Certificate No.4 in the amount of $15,646.19. Payment Certificate No.4 includes the contract increase reflected in Change Order No. 2.
Please contact my office if you have any questions.
City of Dearborn Heights • 24600 Van Born Rd. • Dearborn Heights, Ml 48125 • (313) 791-6000 • Fax (313) 791-6001
It] WADETRIM
To: City of Dearborn Heights 26400 Van Born Road Dearborn Heights, Ml 48125
Attn: Mr. Bill Zimmer Public Services Administrator
RE: Paving Program Hass Avenue/Military Hills Contractor Payment No. 4 and Change Order No. 2
We are transmitting _1_copy(s) of the following:
X Certificate for Payment No. 4 Discs
Drawings
Letter of Transmittal
WT189-02
If transmitted items are not as noted, notify writer immediately.
Date: February 6, 2014
Transmitted By: Regular Mail __ Overnight Delivery
X Hand Delivered
Picked Up By:
Other:
Prints
Product Literature
Specs.
__ Tracings X Contract Change Order No. 2
Construction Change Req. No.
Copy of Letter
Field Measure Plans Samples Work Orders No.
Other:
For your:
Remarks:
Job No.
By:
Action
_!(_ Approval
As Requested
Distribution
Plans
Information
Records /Files
Shop Drawings
Review/Comment Use
X Signature
Enclosed are a reconciling Change Order No. 2 and Payment Certificate No.4 for the Hass Avenue and Military Hills Paving Program. Change Order No. 2 is a reconciling Change Order for the actual work performed showing an increase of $16,469.67 to the contract cost.
Please approve and execute for signature Change Order No. 2 and Payment Certificate No. 4 in the amount of $15,646.19. Payment Certificate No.4 includes the contract increase reflected in Change Order No.2.
Thank you.
DHT 2554-06T
Daniel R. Brooks, PElka
25251 Northline Road P.O. Box 10 Taylor, Ml 48180
734.947.9700 800.482.2864 734.947.9726 fax www.wadetrim.com
BUILDING RELATIONSHIPS ON A FOUNDATION OF EXCELLENCE
It] V\?ADETRIM Engineer's Certificate for Payment
Oel'til'icat.e l'hr Pll[ymcnt No, 4 Date: Jan. Z9, ZO..t4
Owner: City of Dearborn Heights 6045 Fenton Avenue Dearborn Heights, MI 48127
Contractor: Ajax Paving Industries, Inc. 830 Kirts Blvd., Suite 100 Troy, Michigan 48084
Job No. DHT 2554-06T
Project: 2012 Paving Program Hass/Military Hills
CERTIFICATE FOR PAYMENT
In accordance with the Contract Documents, based on the data comprising the above application, the ENGINEER to the best of his knowledge, information and belief and subject to the limitations stated in the Contract Documents certifies to the OWNER that; (I) Work has progressed to the point indicated, (2) the quality of the Work is in accordance with the Contract Documents, and (3) the CONTRACTOR is entitled to payment of the Total Balanace Due This Certificate.
Prepared By: :Jofuuu; .f. . .f.elwtette Jan. 29, 2014 Date
Reviewed By: Pv~~:<--~ 11 z·) Jzui~, Mr. Dan BrooKs , t'b Date
Certified By: /= l <'·'--;ifr:i4 ~~A .~ I r ~ I 7-M '1
Substantial Completion Date: Extended To:
Final Completion Date: Extended To:
Period Start Date: Period End Date:
Original Contract Price: Total Change Order Amount: $
Current Contract Price: $
Total Earned To Date: $
Less Previous Certificates: $
Less Retention Amount: $
Owner Approval
Jun. 15, 2013
Jun.30,2013
Aug. 9, 2013 Jan. 8,2014
Date
..:J... .... }';- ltf-Date
It] 1WADETRIM Contractor's Application for Payment
,Q¢c~1tiffh!,~tte fiU! l',ayc~tteltt !\hr. J Uale: .Ian. 2,<1!,. 2JH.J
0Wller: City ofDearbom Heights 6045 Fenton Dearborn Heights, MI 48127
Contractor: Ajax Paving Industries, Inc 830 Kirts Blvd., Suite 100 Troy, MI 48084
Job No. DHT 2554-06T
Project: 2012 Paving Program Bass/Military Hills
CONTRACTOR'S CERTIFICATION
The undersigned CONTRACTOR certifies that to the best of his lmowledge, information and belief, the work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by bim for Work for which previous Certificates for Payment were issued and payments received from the OWNER, and that current paYn>ent shown herein is now due.
CONTRACTOR'S DECLARATION
I hereby declare that I have not, during the period covered by this Application, performed any work, :furnished any material, sustaloed any loss, damage or delay for any reason, including soil conditions encountered or created, or otherwise done anything for which I shaH ask, demand, sue for, or claim compensation from the OWNER, or its agents, and the owner's ENGINEER, or its agents, in addition to the regular items set forth in the Contract as dated above executed between myself and the OWNER, and in the Change Orders for Work issued by the OWNER in writting as provided thereunder, except as I hereby make claim for additional compensation and/or extention of time, as set forth on the itemized statement attached hereto.
Substantial Completion Date: Extended To:
Final Completion Date: Extended To:
Total Change Order Amount: Current Contract Price: ·
Total Earned To Date: Less Previous Certificates:
ltobert Farina Estimating Manager
r;wZ Signature
Jun. 15. 2013
Jun. 30, 2013
j~cJ~J Date
.;!h~J~ ~--:Date
~ ""\..v-..AI>ETR.IJ.Y-[ Certific;Jtc for li':l~ men! No. 4
PROJECT NAME: 201ll"avin: Pro::ram HBUIMllltary BUb JOB NO. DH';t' 1554-0liT -CLIENT;
DATE: Jan.,uy29,:ZOI4 Contract Date:
Construction Start Date: Mayt3,ltll3
Tlemll DESCRIPTION Plan Qty (+/~) Qty
Hltn r\:venuB
' Conerete Pavement, R1omove (Full Depth Repair) - 4Sl_09
' Remon Blld Rtplaee Coollfl!te Curb and Gutter """"' 11050
J Earth Exeavation - ~~o.oo
4 Subg,md.. Undcrout Blld 21AA B.u<:ikfiU ll-.QQ -15.00
' A egale Base CouTS~'. 21AA. 6 inch - -300.00
6 Concrete Pevetnent. 7 inch with Integnd CUlt aG!MlG 4M.4a
1 Mill El<isting Biwminou! Pavemc>nt, 3''+/- """'""' ·378.73
' Pupan.tlon of &I sting Pavement and joint C!eanout .J.3fl00,00 -37!!.75
9 Hand I'Mcblng wllh Bituminous Material - 45..20
" SlrVf~~.ad S11.11ljoints in Bitumiouo Pavcmt;t~t 10000,00
" .lteccn:stnu:t Stnu:ture ""'' ·31.50
UA Adjust Structure incl. R.&.R Gof!c. +1;,/>Q -4.00
" Bituminous Wearing Courlll:: w/Fibo=r Reinf. MoOT 4C ,_.,., -26.24
ll Bituminous Lei-cling Cuu~co wlFiber Reinf. MDOT3C H-5tMlG ~34.00
14 Traffic Maintenance and Control 1.00
" Audio/Video Route Sur~r;y 1.00
" rn~ectof Day$ 14.00
Military Hi!U
" Bib.lmlnous Pavo:.mo=nl:,. Rcomovc (Full Depth Rcp>!lr) ,..,.. 196.6:2
!B EartbE~on "'"' -50.00
19 Bitumlnou~ Pavement. 8 inch (Repair) ..... 211.21
" Subgrade Undtrcut and 2IAABacld!ll - >91
" Aw~sate Bou:~ Com=, llAA. 6 inch ...... ~60.€10
" MJU Existing Bitumlnuus Cmb 1'1000.00
2J Hot In·Plaeo Recycling - 7>.00
24 Adjust Stru.::tw~ Incl. C!:>nc. C()\lar '""' J.OO
" Recon,tnlet Structure ,..., a18_20
26 Bituminous Wtarin_g Co~e w/Fibu Rcinf MDOT4C ·HQQ-,00 7ll.03
27 Recun~lnmt Bihlminou Curb 17000.00
" Tnffio M&iniomauce and Conltol l-00
" Aud!ofVidco Rome Survey 1.00
JO In!pector Daya 14.00
&Ira's
EIOl Add Car.ch Basin and I o• Pipe, Bonair and Rosetta - 1.00
EI02 Trimming Bituminous and Con,rete Driveway~ ""' 1.00
£103 Cut I Butt Joints\ - 1.00
EI04 ISpccialHMAJ6C . - 2121.03
""'' Supporl l"a..-!ng & Hand Worldns Orin~ ""' LOO
Printed On 11291201410:10 AM
Rev, Ql:y ""''
153.09 ,,, 3SS.50 Lft
0.00 c,, 0.00 Cyd
0.00 Syd
734.48 "' 12,6U.27 Syd
12,621.25 Syd
145.20 Too
Lft
0$0 Vft
14.00 "' l,ll3.71i Too
1,11_6.00 Too
LS
LS
"" 463.62." ,,,
0.00 c,, 476.11 Sd :21.97 Cyd
0.00 Syd
Lft ll.,S73.00 ,,, ... , ••
6.80 Vft
l,1ll.05 Too
Lft
L.S.
1.-S.
n.,.
1.00 1.-S.
1.00 L.S.
1.00 L.S.
l,lll.Ol Too
1.011 L,S.
Original Conlract Totd Unltl'rice
Per item
• 20_00 s 6,000.00 • $ J:too s 9,625.00 ' ' 2D.OO $ 1,000.00 ' ' 30.00 s 450.00 ' ' 1!,50 s 2.550.00 ' ' 41\.00 s 1-4,400.00 s
' 2.40 s 31,200.00 ' • 2.25 s 29,250.00 ' ' 60,00 $ 6,000.00 $
' 0.94 $ 9,400,00 • • J 10,00 $ 4.-400.00 ' ' 595.00 s 10,710.00 ' ' 86.00 s 98,900.00 ' • 80.00 s 92,000.00 ' ' 12.,000.00 s 12,000.00 ' • 1,140.00 s l,l-40.00 ' ' 560.00 s 7,840.00 ' • u.oo s 3,975.00 ' ' :20.00 $ 1,000.00 ' ' 60.00 s 15,900.00 ' ' 50.00 s 1,000.00 ' ' s.so $ 2,210.01) ' ' 0.66 $ 11,220.00 ' ' 4.27 s 96,07$.00 ' s 560.00 $ 47,600.00 ' ' 110.00 s 2,750.00 ' s 90.00 $ 126,000.00 ' ' 1..2& s 21,760.00. -S
' 12,000.00 s 12,000.00 ' ' l,"/75.00 s 1,775.00 • ' S60.00 $ 7,840.00 • ' 8,871.75 ' - ' • 4,489.25 $ - ' ' 1,621.27 s . s
' ),00 $ . ' ' 3,213.08 s . '
Totals $ 687970.00 $
Su~lolll.lbl Compl~tlo~:~ D_ato: J"•u 15 :UI13
'&%lend~ To:
Final Complcti~n Dat~: Mrn 311 1013
Ex!endcd To;
Puiod StarlDatr. Aug. !1, 2.013 Puiod. End Date; Jan. S, 2014
Curren! Contrar.t %ofWotk Tot.R! Qty Total.Anlou11t Tot..IAmo~<at
AmountEaroed This From Previous TotalP.,;Item CoPiplete l'lmee.l Earn~d Perind
Period'
15,061.80 HlO.OO% 7.53.119 • 15,061.80 ' lS.ci.sl.BO $ -13.492.50 lOO.OO'A 385.50 ' 13,492.50 ' 13.49250 $ .
0.00"/o 0.00 ' - ' - $ . - 0.00"1. 0.00 $ - $ - $ . - 0.00% 0.00 ' - ' . $ .
37,655.04 100,00"/o 784A3 s )7,655.04 ' 37,655.04 $ -30.291.05 ll.lO.OO% 12,621.27 $ 30,291.05 ' 30,291.05 $ . 28.397.81 100.00"/o 12,621.25 s 28,397.81 ' 23,397.81 $ -
6,112.00 ·IOO.QOY. l45.:W ' 8,712:00 ' 8,712.00 s . 9,40().00 . 0,00% 0.00 s - ' - $ .
935.00 100.00"./o 8.50 $ 935.00 ' 935.00 $ -8,330.00 100.01)0/o 14.00 ' 8,330.00 ' 8,330,00 $ .
96,643.36 100,00"/. 1,123,76 ' '96,643,36 ' 96,643.31i $ . 89,280,00 100.00"/o l,ll6.00 ' 89,280.00 ' 89.280.00 s . 12,000.00 100.00o/o 1.00 ' 12,000.00 ' 12,000.00 $ . 1,140.00 100.000/. 1.00 ' 1,140.00 ' 1,140,00 $ . 7,840.00 100.00% 14.00 ' 7,&40.00 ' 1,84-0.00 $ .
6,954.30 100.00% 463.6:2 ' 6,954.30 ' 6,954.30 $ -O,OOo/o 0.00 ' . ' $ .
28,572.60 100.00% 476.21 ' 28,572..60 ' 28,S7i60 $ . 1,14S,50. 1oo.Ooo;; 22.97 ' 1,14850 ' 1,148.50 $ .
0.00% 0.00 ' - • - $ . 11,220.00 toa.oo•;. 17000.00 $ 11,220.00 ' 11,220.00 $ . 96,386.71 100.00% 22,HJ.OO S 96,386.71 ' 96)86.71 $ . 49.280.00 100.00"/o 88.00 ' 49,lBO.OO ' 49.2&0.00 $ .
748.00 100.00% 6.80 ' 748;00 ' 748.00 $ . 190,892.70 !00.00%· 2,tU.G3 ' 190,892.70 ' 171,545.10 $ 13,347.tl0 21,760.00 100.00% 17,000.00 $ 21,760,00 ' 2!,760.00 s . 12000.00 100.00'/o tOO ' 12,000.00 ' 12,000.00 $ . 1,775.00 100.00% 1.00 ' 1.775,00 • 1,175,00 $ . 7,1!40.00 JOO.Oil% 14.00 ' '1,840.00 ' 7.8Ml.OO $ .
8,877.75 100.00% 1.00 ' 8,877.75 ' &,877.75 $ . -4,489.25 100.00"/o 1.00 ' 4,489.25 ' 4,l91.7i $ 197.47 1.621.27 ]00.00% 1.00 ' 1,621.17 ' i,S2ll.24 S 93.03
6,363,09 100.00"/0 2 121.0) ' 6,363.09 ' 6,144.00 s (380,91
3.213.08 100.00% 1.00 • 3,213.08 ' - $ 3.213.08
812.,320.81 98.84% $ 802 920.81 $ 786 451.14 '$ 16.469.67 Page 1 of1
It] 1WADETRIM DO NOT PAY FROM THIS DOCUMENT
0nnttilctChmrgc O.!ttlct 2 Date': Jan. 29, 211JA
Owner: City of Dearborn Heights 6045 Fenton Avenue Dearborn Heights, Mr 48127
Contractor: Ajax Paving Industries, Inc. . 830 Kirts Blvd., Suite 100 Troy, Michigan 48084
Job No. DHT 2554-06T
Project: 2012 Paving Program Bass/Military Hills
THlS CHANGE ORDER CONSTITUTES FULL MUTUAL ACCORD AND SATISFACTION FOR ALL TIME AND COSTS RELATED TO THIS CHANGE. BY ACCEPTANCE OF THIS CHANGE ORDER. THE CONTRACTOR HEREBY AGREES THAT THIS CHANGE REPRESENTS AN EQUITABLE ADJUSTMENT TO THE CONTRACT AND FURTHER AGREES TO WAIVE ANY FURTHER CLAIMS OR CHANGES ARJSING OUT OF, OR AS A RESULT OF, THIS CHANGE, OR THE ACCUMULATION OF CHANGES AS RELATED TO THIS SUBJECT.
"APPROVALS REQUIRED"
Extention of Time Substantial Completion Date: Jun. 15. 2013
Number of Days Added: Extended To:
Final Completion Date: Jun. 30. 2013 Number of Days Added:
Extended To:
TI-!IS CONTRACT CHANGE ORDER, WHEN APPROVED, WILL CONSTITUTE AUTHORIZATION FOR THE FOLLOWING CHANGE IN PLAN TO BE CONSTRUCTED IN ACCORDANCE WITH ALL PROVISIONS OF THIS CONTRACT, INCLUDING THE FURNISHING OF THE NECESSARY BONDS AND INSURANCE.
Prepared By: Jj a. k - '("!~ !tor Construction Department: · W e Trim Associates Date
C~ ID~ L Recommended By: .l ./ ,.,./Jb'-\-::::;vv-,_x>' <::.__
Engineer£ ..-Wade Trim Ass'ociates I l~?j;~/
Do. .....
Robe1t Farina Accepted By: /~ ''"fim0!"jng Manager
Contractor: , Ai ~stries, Inc. w
Date
:J...-~·ILf Approve0d By: · / ':1Z~l· ~J ~-
wner: Date
81 V\T.ADE'TRIJY.l Contrnct CIHlnge Chdcr 2
PROJECT NAME: :IOU P<tving Prvgn~on H.w/Military Hilb
JOB NO. DBT 2554-06T
ItmnU
I
2
3
4
5
6
7
'
CLIENT: 6
J)ATE: Janoaryl9,l014 O:u•tnel Dab/:: J-""""'r.Y 0,1900
Construction Start Date: May 13, 2013
DESCRIPTION Plan Qty Unit
Rl!!iAVuUe
Cunu'lc Pe.v~mcnt,. Runovo (l'uU Depth Rcp<tir) 300.0[} '"' Rt.move and :Replsce Conorete O.lfb and Gutler 275.00 Lft
Earth fur.eavarion 50.00 C,d
Subgrade Underrot aml2lAA Bacldill 15.00 Cyd
Agvegato: Base Cours~>, 2!AA. 6 ineh 300_00 Syd
Conerete Pavmu:nt. 7 inch with Integml.Curb 300.00 '"' Mill Bxisti"g Bltum\"UlU p.,_v..m..nr_ 3'+1· 13000.00 '"' l><"fWl!tiOn of Existing Pavement and joint C!eaJiout 13000.00 ,,, ' , Rami Patching with Bituminous Material !00.00 Too
" Saw and Seal jointJ in Bi~~ous I>avement 10000.00 Lft
l1 R=nnslnlct Structllr<\ 40.00 Vfi
HA. Adju:rt S~tuetureincl. R&:R cOno. 18.00 E•
" Bitumlnow; Wlt8J"ing Courne w/Fib<!c :ReinE MDOT <IC 11:50_00 Too
" BltuminouJ Lcvding. Course w/Fiber Rein( MDOT-JC 1150.00 T'".
14 Traffic Ma.lntenmcc &nd Control 1.00 LS
IS Audio/VIdeo Route Survey 1.1111 LS
16 lnapeotor fuys -14.00 o., Milit.ryH~
17 Bituminou~ Pavement, R.1m1o~ (FuU Depth ~pair) 26:5.00 Syd
" Earth E><.ca.Vi>lion :50.00 ·c,o
" Bituminous P11.vemcnt. S inoh (Repair) 265.00 Syd
20 Subgrade Undereut and 21AA BacldiU · 20.00 C,d
" IAMresme B...., CoutS;$, :llAA. 6 inch 260,00 Syd
21. Mill &iilillg Bituminow; Curb 17000.00 Lft
" Hot In l'laoe ltccy~:linr. 22500.00 Syd
" Adju:otSin>..tutoincl. C<mo. Cnllu 85.00 "" " Recondruct Slructure 25.00 Vft
26 Bitumfnnus W~ing'Coume w/Fiber Reinf. MDOT 4C 1400.00 Too
71 Reeonsbuci.BituminGCJS Cll!b 11000.00 Lft
28 Traffic Ml!.intcnancc and Control 1.00 LS.
29 Audia!Vidto R.rmte SurveY 1.00 L.S.
lO los~ctor Days 14.00 o.,. Es::tra's
EIOI Add Clll.ch Basin 1111d 10" Pipe, Bonait and Rosetta 0.00 L.S .. BtOZ Trimming 8ituminoU5 and Concrete Driveways 0.00 L.S.
ElOl Cuti Butt Joint..\ o.OO L.S.
E104 Special HMA 36C 0.00 Too
mol Sl!pport Paviilg & fulld Wo£\cing brlv~&ys 0.00 L.S.
Printed On 111912014 2:50 PM
·.
Unit Price CONo.l (+1-)Qty
' 20.00 453,09
' 35.00 110.50
• 20.00 -50,00
$ 30_00 ·15.00
' a.:so -300.00
' 48.00 4i4.48
' ~" ·318.13
' '" ·378.1'>
' 60.00 45.20
' 0.94
' !10.00 -31.50
s 595.00 -4.00
' 86.00 -26.24
s 80.00 -34.00
' 12,000.00
' 1,140.00
' :560.00
' 1$,00 198.62
' 20.00 -50.00
' 60.00 211.21
' 50.00 2.97
' s.so -:26(1.00
' 0.66
' 4.21 73.00
' 560.00 >.OO s JJO.OO ·18.20
' 90.00 572.73
' ua
' 12,000,00
' J,ns.oo s 560.00
' 8,877.75 1.00
' 4,489.2$ 1.00"
' 1.621.27 '·"' • 3.00 224&.00
' 3,213.08 0.00
CONo.l CONc.3 CO No.4 Origlnil Contn:ct (+/-) Qty (-t/·l Qty (+1-)Qty
ReviJWQty. Price
75;5.09 ' 6,000,00 s 3115.56 ' 9,625.00 $
0.00 ' 1,000,00 s o.oo ' 450.00 $
MO ' 2,.:5:50.00 $
184.48 ' 14,400.00 s
12,621.27 ' 3\,200.00 $
12,611.25 ' 29,250.00 $
145.20 ' 6,000.00 $
10,000.00 ' 9,400.00 $
'" ' 4,400.00 $
14.00 s 10710.00 $
1,U3.71i ' 98,900.00 $
1,ll6.D0 ' 92,000.00 $
1.00 ' 12,000.00 s
1.00 ' 1,140.00 $
14.00 • 7,&40.00 s:
463.62: ' 3,97S.OO S
MO ' 1,000,00 s
476.21 ' 15,900,00 $ ,.., ' 1,000.00 s
11.00 • 2,210.00 s
17,000.00 ' ll,220.00 $
2l,S73.00 ' 96,015.00 $ ...... • 47,600.00 s
Uo ' 2.750.00 s
148.)0 2,Ul.W ' 126,000.00 ll
17,000.00 ' 21,760.00 $
1.00 • 12.000.00 s
UJO ' 1,775,00 .$
14..00 ' 7,&40.00 $
l,(IO ' - ' l.DO ' - • 1,00 s - '
·126.97 2,111.03 ' - ' 1.00 uo ' - '
Subdnntiat Comp!ttiu11 Dnte: Jnn 15.1013
E:deD.ded To:
Final C;u:np!clion J?ale• · Jun. 30 lOU
E1tended To:
Current Contract Totulo(}>revlmu Total Amount Tbil Prke Change Orden CbaugeOrdu
.
15,061,80 $ 9,061.80 • -13,492_50 $ 3,867.50 s -.. (1,000.00) s -
' (4511.00) s -' (2,.:550.00) s -
37,65S.o4 $ 23,255.04 s -30,291.0:5 s (90B.9S) S -28,397.81 ' {852.19) s -8,712.00 ' 2,712.00 s -9,400.00 s - s -
935.00 $ (3,46S.OO) S -&,330.00 $ (2,.380.00) s -
96,643.36 $ {2,256.64) • -89,280.00 $ (2,720.00) s -12,000.00 $ - s -
1,140.00 $ - s -7,840."oo ·s - s -6,954.30 $ .2,.979 . .30 s -
- • (1,000.00) s -28,572.60 $ 12,672.60 s -1,148.50 $ 1411.50 s -
- ' (2,210.00} .$ -Il,'>'>O.OO $ - s -96,38()_71 $ J11.7l ' -49,280,00 $ 1,680.00 s -
74a.oo: s (2,002.00) $ -190,892.70 $ .'H,~4~.70 s 13,347.00 21,760.00 $ s -12,000,00 .$ ' -
1,175.00 s • -7,840.00 $ s -
8877.75 $. 8,&77.75 • -4,4!9.2~ $ 4,191.78 • 197.47 1,62.1.27 $ 1,5:l:R.:l.4 s 93.03 6,363.09 $ 6.744.00 s 1380.91) 3,113.08 s • 3.2L3.08
Page1 of2
8] WADETRI1v.l· Corrtr~ct Ch;lnge Orde1· 2
PROJECT NAMJ!:: 11112: Paving Program HaWMi!it.orry Hills
JOBNO. DIIT2S54-06T CLIENTi a
DA;fE: January29,:Z014 Contr.od Dale: .lanuaey 0,1900
Consb·uction Start Date: May 13,2013
DESCR1J>TION Pill? Qly ! · Unit Uni!Prke CO No.1 (+/-) Qty
cO No.1
(+/-)Qty
CO No.3
(+1-)Qty
CO No • .;
(+1-)Qty R&'iud.Qty.
Ex·,ll;!Jt:ltililt ar Cilmug~ :lrt«;!Jt:tntities: wod :mvtm( :Items: BJOJ Add Cal:dl B115iil and to• Pipe, BonairStreet snd Roietta Ave.
Reason; Catch basin and piping needed to provide proper drainage at intersection E102 Trim driveway curbs at new roadway
Reason: Trimming needed to rr:atch new roadway grades and provide uniform transition at driveway approache! El03 Cut in Butt Joints ·
Reason: Butt joints needed at five locations, for transition into existing pavements E104 SpeciaiHMA36CMix
36C mix uti!iu:d to accommodate thinner HMA pmfile E20 1 Support Pa\ling & Hand Working Driveways.
Reason: Additional work needed at all driveway approaches, following special milling operation.
Printed On 1129/2014 2:50PM
OriP.,al Coutrad
Pri<:e
Subst!lu_li.JICompkti(ln Date; Juu 15. 21H3
Cu.m:nt Contr.act Pri~
Edwdtd'l'o:
FiulCompfdionDate; .Tun.lll 2!!13
EUud~dTo:
Total o(Prevlou Cbauge Orders ~bange Order
Page 2 of Z
Department of Public Works
To: Honorable City Council
From: Bill Zimmer, Public Service Administrator
Date: February 13, 2014
Re: 2014 Water Main Improvements Design Engineering Authorization
William Zimmer Public Service Administrator
Daniel S. Paletkf:o==::-:::-::::::::::-1 Mayor ~APPROVED FOR
AGENDA OF
I z -zs -ILf I
The Department of Public Works has reviewed and concur with Wade Trim's letter dated February 10, 2014 to proceed with the preparation of plans and specifications, acquire the necessary permits for construction and advertise for bids for the 2014 Water Main Improvements at a cost not exceed $90,000. The total project cost of $1,190,000 is below the budgeted amount of $1,280,000 programed in the 2013-14 Water and Sewer Budget for this Project.
If you have any questions regarding this approval, please contact my office.
SJnc~e~l'i . ~·~ William · mer
City of Dearborn Heights • 24600 Van Born Rd. • Dearborn Heights, Ml 48125 • (313) 791-6000 • Fax (313) 791-6001
WADE TRIM
February 10, 2014
City of Dearborn Heights 24600 Van Born Road Dearborn Heights, Ml 48125
Attention: Mr. Bill Zimmer, Public Service Administrator
Re: 2014 Water Main Improvements- Design Engineering Authorization
Dear Mr. Zimmer:
At your request, our office has prepared a cost estimate for the 2014 Water Main Improvement Program. The proposed project in the 2014 water budget is the replacement of the 12-inch water main along Telegraph Road, from Joy Road to Ann Arbor Trail, and from Hass Avenue to Ford Road. However, Telegraph Road has been designated a detour route for the reconstruction of 1-96 and MOOT has restricted issuing permits for construction projects in 2014 along Telegraph Road. It is recommended we switch the 2014 program with work planned for the 2015 program. Per our review, along with the Department of Public Works' staff, the following locations have been selected due to the frequency of water main breaks and repairs on these sections of water main:
• Joy Road, from Telegraph to Arnold Avenue • Fordson Highway, from Joy to Woodbine Avenue • Waverly Avenue, from Midway Avenue to Ford Road
Our recommended budget for design and construction of the proposed water system improvements is itemized below:
Design Engineering Construction Cost Construction Administration Total Project Cost
$ 90,000 $ 980,000 $ 120,000 $1,190,000
The total project cost of $1,190,000 is within the amount budgeted in the 2014 water budget for water main replacement. To proceed with the Project, we hereby request authorization from the City to prepare design plans and specifications, acquire the necessary permits for construction, and advertise for bids in the amount not to exceed $90,000. After bids are received, a recommendation for award will be submitted to the City for your consideration. If you have any questions or require further assistance, please do not hesitate to contact our office.
Very truly yours,
Wade Trim Associates, Inc.
r \ / 11 0 ":) 1 _L:::;YC<.-...X_;\::: ~o..h~ Daniel R. Brooks, PE
DRB:ka DHT 1000-14T 2014 Water Main Design Authorization. doc
Wade Trim Associates, Inc. 25251 Northline Road P.O. Box 10 Taylor, Ml 48180
734.947.9700 800.482.2864 734.947.9726 fax www.wadetrim.com
To:
From:
Date:
Re:
Fire Department
Daniel S. Paletko, Mayor Honorable Dearborn Heights City Council
David Brogan, Fire Chief
February 5, 2014
David Brogan Fire Chief
Daniel S. Paletko Mayor
REQUEST TO ADOPT A NEW WWCFDMAA INTER LOCAL AGREEMENT AND MABAS DIVISION
This is a request to adopt by Council resolution, the amended and restated lnterlocal Agreement for the Western Wayne County Fire Department Mutual Aid Association (WWCFDMAA) and MABAS Division.
Please find attached the new lnterlocal Agreement and a question and answer sheet prepared by the Western Wayne Fire Chiefs for your review.
If you have any questions or concerns, please feel free to contact me at (313) 791-3655.
David Brogan Fire Chief
City of Dearborn Heights • 1999 N. Beech Daly • Dearborn Heights, Ml48127 • 313/791-3650 • FAX 313/791-3651
q_F
APPROVED FOR I AGENDA OF
AMENDED AND RESTATED INTERLOCAL AGREEMENT
Effective: February 5, 2 0 14
BETWEEN
PARTICIPATING POLITICAL SUBDIVISIONS AS SIGNATORIES TO THIS INTERLOCAL AGREEMENT
CREATING THE
WESTERN WAYNE COUNTY FIRE DEPARTMENT MUTUAL AID ASSOCIATION AND MABAS DIVISION
A Michigan Public Body Corporate
THIS AMENDED AND RESTATED INTERLOCAL AGREEMENT (this "Agreement") is entered into by Dearbo:r_l}_.l!~iEJlj;_~---- and the other political subdivisions that approve and sign this Agreement referred to in this Agreement as "Party" and collectively as the "Parties".
RECITALS:
WHEREAS, each Party has the power, privilege and authority to maintain and operate a fire department providing fire protection, fire suppression, emergency medical services, and special operations ("Fire Services"); and
WHEREAS, Fire Services can further be improved by cooperation between political subdivisions during times of public emergency, conflagration or disaster ("Incidents"); and
WHEREAS, the Michigan Constitution of 1963, Article 7, § 28 and the Urban Cooperation Act of 1967, Act No.7 of the Public Acts of 1967, Ex. Sess., being MCL 124.501 et seq. of the Michigan Compiled Laws (the "Cooperation Act"), permit a political subdivision to exercise jointly with any other political subdivision any power, privilege or authority which such political subdivisions share in common and which each might exercise separately; and
WHEREAS, the Parties desire to enter into an interlocal agreement, pursuant to the Cooperation Act, to further improve Fire Services; and
WHEREAS, as a result of entering into an interlocal agreement to further improve Fire Services, the Parties are creating the Western Wayne County Fire Department Mutual Aid Association, as a separate legal entity and as a public body corporate (the "Association"), pursuant to the Cooperation Act; and
WHEREAS, each Party has the authority to execute this Agreement pursuant to resolution of its governing body; and
WHEREAS, each Party desires to commit personnel and equipment to another Party upon the request of another Party.
NOW, THEREFORE, in consideration of the mutual covenants, undertakings, understandings and agreements set forth in this Agreement, and the background facts presented above, it is hereby agreed as follov1s:
ARTICLE I DEFINITIONS
The Parties agree that the following words and expressions, as used in this Agreement, whenever initially capitalized, whether used in the singular or plural, possessive or nonpossessive, either within or without quotation marks, shall be defined and interpreted as follows:
Section 1.0 I. Association Board. "Association Board" means the board of the Association created by this Agreement.
Section 1.02. Bylaws. "Bylaws" means such rules and procedures for the operation of the Association as established by the Association Board and as may from time to time be amended by the Association Board.
Section 1.03. Days. "Days" means calendar days.
Section 1.04. Effective Date. "Effective Date" means the date on which the Agreement is first filed with the Department of State, the Office of the Great Seal, and each county where Parties are located.
Section 1.05. Fire Apparatus. "Fire Apparatus" means vehicles and equipment of a Party used in performing Fire Services.
Section 1.06. Fire Chief. "Fire Chief' means the chief of a Fire Department.
Section 1.07. Fire Department. "Fire Department" means the operating fire department of a Party.
Section 1.08. Fire Fighters. "Fire Fighters" means personnel qualified and trained in providing Fire Services.
Section 1.09. Fire Services. "Fire Services" means providing fire protection, fire suppression, emergency medical services, special operations, and such other services as may be set forth in the Bylaws for an Incident.
Section 1.1 0. Fiscal Year. "Fiscal Year" means the fiscal year of the Association ending on September 30'h of each year.
Section 1.11. Freedom of Information Act. "Freedom of Information Act" means Act No. 442 of the Public Acts of 1976, as amended, being MCL 15.231 et seq.
2
Section 1.12. Incident. "Incident" means a public emergency, conflagration, or disaster.
Section 1.13 Mutual Aid Box Alarm System. "MABAS" means a definite and prearranged plan whereby response and assistance is provided to a Requesting Party by an il:..ssisting Party in accordance with the system established and maintained by 1\fABAS !vfembers
Section 1.14. Open Meetings Act. "Open Meetings Act" means Act No. 267 of the Public Acts of 1976, as amended, being MCL 15.261 et seq.
Section 1.15. Party. "Party" means a political subdivision which has entered into this Agreement as a signatory.
Section 1.16. Special Operations Group or SOG. "Special Operations Group" or "SOG" means a team which includes Fire Fighters qualified and trained to provide an emergency response to an Incident.
Section 1.17. SOG Constitution. "SOG Constitution" means such rules and procedures for the operation of the Special Operations Group as established by the Association Board and as may from time to time be amended by the Association Board.
Section 1.18. State. "State" means the State of Michigan.
ARTICLE II ESTABLISHMENT OF THE ASSOCIATION
Section 2.01. Establishment and Legal Status of the Association. The Parties intend and agree that Western Wayne County Fire Department Mutual Aid Association is established as a separate legal entity and public body corporate pursuant to the Cooperation Act and this Agreement.
Section 2.02. Name of Association. The name of the Association is "Western Wayne County Fire Department Mutual Aid Association."
Section 2.03. Federal Tax Status. The Parties intend that the Association shall be exempt from federal income tax under Section 115(1) of the Internal Revenue Code of 1986, as amended, or corresponding provisions of any future tax code.
Section 2.04. State and Local Tax Status. The parties intend that the Association shall be exempt from all State and local taxation including, but not limited to, sales, use, income, single business, and property taxes under the applicable provisions of the laws of the State.
Section 2.05. Title to Association Property. All property is owned by the Association as a separate legal entity. The Association may hold any of its property in its own name or in the name of one ( 1) or more nominees, as determined by the Parties.
Section 2.06. Compliance with Law. The Association shall comply with all federal and State laws, rules, regulations, and orders applicable to this Agreement.
3
Section 2.07. Independent Contractor. The Parties agree that at all times and for all purposes under the tenns of this Agreement each Party's relationship to any other Party shall be that of an independent contractor. Each Party will be solely responsible for the acts of its own employees, agents, and servants. No liability, right or benefit arising out of any employer/employee relationship, either express or implied, shall arise or accrue to any Party as a result of this -'L\.gree1nent.
Section 2.08. No Third Party Beneficiaries. Except as expressly provided herein, this Agreement does not create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, right of indemnification (i.e., contractual, legal, equitable, or by implication) right of subrogation as to any Party's rights in this Agreement, or any other right of any kind in favor of any individual or legal entity.
Section 2.09. Principal Office. The principal office of the Association ("Principal Office") shall be at such locations determined by the Association Board.
ARTICLE III .PURPOSE
Section 3.0 I. Purpose. The purpose of the Association shall include joint exercise of the shared and essential governmental power, privilege or authority of the Parties for the mutual protection of persons and property without regard to boundary lines between the Parties during times of public emergency, conflagration or disaster.
Section 3.02. Major Activities. The major activities of the Association in the exercise of this shared power shall be the cooperative efforts of the Parties in lending personnel and equipment for Fire Services.
ARTICLE IV SHARED POWERS
Section 4.01. Shared Powers of the Association. In carrying out the purpose as set forth in Article IH of this Agreement, the Association is authorized to perform the following, either independently or with any individual or legal entity, subject to the limitations contained in this Agreement:
(a). Sue and be sued;
(b). Make, execute, and deliver contracts, conveyances, and other instruments that are necessary or convenient;
(c). Make and amend bylaws;
(d). Solicit and accept gifts, grants, loans and other aids from any individual or legal entity or to participate in any other way in any federal, State or local government program;
4
(e). Procure insurance against any loss in connection with the Association's property or activities;
(f). Engage personnel as is necessary and engage the services of private consultants, managers, counsel, auditors, and others for rendering professional management and technical assistance and advice;
(g). Charge, impose, and collect fees and charges m connection with any transactions or services as approved by the Association Board;
(h). To the extent allowed by law, indemnify and procure insurance indemnifying any members of the Association Board, officers or employees for personal loss or accountability from liability asserted by any individual or legal entity for any acts or omissions of the Association;
(i). Borrow money, incur debts, liabilities or obligations. The debts, liabilities or obligations of the Association shall not constitute debts, liabilities or obligations of any Party; and
(j). Exercise any and all other necessary and proper powers to effectuate the purposes and intent of this Agreement.
Section 4.02 Limitation on Shared Powers. In the event that the exercise of any of the above shared powers will result in a charge to one or more of the Parties exceeding $10,000, the Association Board will provide each such Party with notice sixty (60) Days prior to the expected date of the expenditure, giving the Party the opportunity to withdraw, in accordance with Section 6.02 hereof.
ARTICLEV ADDITIONAL POWERS; LIMITATION ON POWERS; NO WAIVER
OF GOVERNMENTAL IMMUNITY
Section 5.01. Additional Powers. In addition to the powers set forth in Article IV of this Agreement, the Association is authorized to:
(a). Form and own other legal entities to further the purposes of this Agreement; and
(b). Cooperate with a political subdivision, an instrumentality of that political subdivision, or other legal or administrative entity created under the Cooperation Act.
Section 5.02. Limitation of Powers. The Association may not:
(a). Levy any type of tax; or
(b). Incur debts, liabilities or obligations that constitute debts, liabilities or obligations of any Party.
5
Section 5.03. No Waiver of Governmental Immunity. The Parties agree that no provision of the Agreement is intended, nor shall be construed, as a waiver by any Party of any governmental immunity as provided by the Cooperation Act or otherwise under law.
ARTICLE VI DURATION, WITHDRAWAL, AND TERM!NA TION OF
INTERLOCAL AGREEMENT
Section 6.0 1. Duration. The existence of the Association commences on the Effective Date and continues until tenninated in accordance with Section 6.03.
Section 6.02. Withdrawal by a Party. Any Party may withdraw from the Agreement at any time upon thirty (30) Days notice to the Association. The withdrawal of any Party shall not terminate nor have any effect upon the provisions of the Agreement so long as the Association remains composed of at least two (2) Parties.
Section 6.03. Termination. This Agreement shall continue until terminated by the first to occur of the following:
(a). The Association consists of less than two (2) Parties; or
(b). Unanimous vote of termination by the Association Board.
Section 6.04. Disposition upon Termination. As soon as possible after termination of this Agreement, the Association shall wind up its affairs as follows:
(a). All of the Association's debts, liabilities, and obligations to its creditors and all expenses incurred in connection with the termination of the Association and distribution of its assets shall be paid first.
(b). The remaining assets, if any, shall be distributed to the Parties on an equitable basis as determined by the Association Board.
ARTICLE VII ASSOCIA TlON BOARD
Section 7.01. Association Board Composition. The governing body of each Party shall appoint one (1) member to the Association Board who shall serve at the pleasure of the governing body of the appointing Party.
Section 7 .02. Association Board Authoritv. The Association Board shall have the powers of the Association. The Association Board shall elect a President, Vice-President, Secretary and Treasurer and such other officers as it deems necessary from the membership and
6
the duties of the officers may be set forth in the Bylaws. The Association Board may establish such committees it deems necessary. The Association Board shall elect a member and an alternate to serve as the voting representative on the Michigan MABAS Executive Board.
Section 7.03. Meetings. The Association Board shall bold at least one (1) annual meeting at the place, date, and time as the Association Board shall determine. l\tlcetings shall comply with the Open Meetings Act and the Bylaws.
Section 7.04. Quorum and Voting. Members constituting a majority of the Association Board shall be required to constitute a quorum for the transaction of business and a majority vote at a meeting at which a quorum is present shall be necessary for the transaction of business. Presence in person shall be required for both quorum and voting.
Section 7.05. Fiduciary Duty. The members of the Association Board are under a fiduciary duty to conduct the activities and affairs of the Association in the best interests of the Association, including the safekeeping and use of all Association monies and assets for the benefit of the Association. The members of the Association Board shall discharge this duty in good faith with the care an ordinarily prudent individual in a like position would exercise under similar circumstances.
Section 7.06. Compensation. The members of the Association Board shall receive no compensation for the performance of their duties, but each member shall be reimbursed for his or her reasonable expenses in carrying out those duties. A member of the Association Board may engage in private or public employment or in a profession or business.
ARTICLE VIII PARTY CONTRIBUTION
Section 8.01. Fire Fighters. Each Party shall provide without cost to the Association or any other Party such Fire Fighters as set forth in the SOG Constitution who will actively participate on the Special Operations Group These Fire Fighters shall be detailed as employees of a Party and shall continue in the Party's benefit system including wages, pension, seniority, sick leave, vacation, health and welfare, longevity and other benefits, if applicable.
Section 8.02. Fire Apparatus. Each Party shall provide without cost to the Association or any other Party such Fire Apparatus as set forth in the Bylaws.
ARTICLE IX FIRE SERVICES
Section 9.01. Requests for Fire Services. The Fire Chief, the ranking officer on duty, or other officer as designated by the Fire Chief, shall have the right to initiate requests for Fire Services at such times as deemed to be in the best interests of the Party to do so. When initiating requests for Fire Services, each Fire Department shall attempt to keep response distances for all Parties as short as possible. The request for aid should generally be made to the Fire Department of the Party with Fire Fighters and Fire Apparatus nearest the Incident provided such Party has
7
the ability to furnish the necessary Fire Services requested and is in a position to provide assistance
Section 9.02. Response to Request for Fire Services. Upon a Fire Department's receipt of a request from another Party for Fire Services, the Fire Chief, the ranking officer on duty or other officer as designated by the Fire Chief shall have the right to commit the requested Fire Fighters, other personnel, and Fire Apparatns to the assistance of the requesting Party. A Party shall provide Fire Services to any other Party upon request provided that the Fire Fighters and Fire Apparatus of the requested Party are not already engaged in providing Fire Services within the geographic boundaries of the requested Party precluding the extension of Fire Services to another Party.
A Party responding to a request for Fire Services shall not be required to maintain Fire Fighters or Fire Apparatus within the boundaries of the Party requesting Fire Services for a period longer than is necessary. Additional response guidelines may be established by the Association Board or by the Bylaws.
Section 9.03. Mutual Aid box Alarm System. Response of mutual aid resources shall be in accordance with the Mutual Aid Box Alarm System in place at the time of the request. Nothing within this agreement shall prohibit a Party from activating existing mutual aid agreements.
Section 9.04. Incident Management System. Command, control, and coordination at the Incident, shall be based on a nationally recognized Incident Management System, as set forth in writing by a Party to the Association. The Fire Chief, the ranking officer on duty or other officer of the requesting Party shall be the officer in charge of the operations at the Incident. All Fire Fighters, other personnel and Fire Apparatus of the responding Party(s) shall be under the command and control of the highest commanding officer attached to such responding Party(s). All directives and orders by the officer in charge of operations at the Incident regarding Fire Fighters, other personnel and Fire Apparatns shall be directed to the highest ranking officer attached to the responding Party(s).
Section 9.05. Obligations to non-Parties. This Agreement shall not release any Party from any other obligations or agreements such Party may have with any individual or legal entity relating to Fire Services who is not a Party to this Agreement.
ARTICLE X ADMISSION AND REMOVAL OF PARTIES
Section 10.01. Admission. A political subdivision may become a Party upon approval of two-thirds of the total Association Board and subsequent amendment of the Agreement.
Section 1 0.02. Removal A Party may be removed from the Association upon a vote of two-thirds of the Association Board and subsequent amendment to the Agreement.
8
ARTICLE XI BOOKS AND REPORTS
Section 11.0 1. Accrual Basis. The Association shall maintain its books of account on an accrual basis of accounting.
Section 11.02. Association Records. The Association shall keep and maintain all documents and records of the Association at the Principal Office. The records of the Association shall include a copy of this Agreement. Records and documents other than this Agreement shall be maintained for a minimum of two (2) years, or as required by law. A copy of this Agreement shall be maintained at the Principal Office until termination of the Association.
Section 11.03. Financial Statements and Reports. The Association shall cause financial statements (i.e. balance sheet, statement of revenue and expenses, statement of cash flows, and statement tracking changes in fund balance) to be prepared at least annually at Association expense. A copy of the various financial statements shall be provided to each Party.
Section 11.04. Freedom of Information Act. The Association shall comply with the disclosure requirements of the Freedom of Information Act, including any exceptions from disclosure provided for under the Freedom oflnfonnation Act or other relevant State law.
ARTICLE XU FINANCES
Section 12.01. Assessment. The Association Board shall determine a dues, fees and assessments to each Party the amount of which and payment procedure shall be set forth in the Bylaws or SOG Constitution ..
Section 12.02. Deposits and Investments. The Association shall deposit and invest all funds of the Association not otherwise employed in carrying out the purposes of the Association in accordance with an investment policy established by the Association Board consistent with laws regarding investment of public funds.
ARTICLEXUI MISCELLANEOUS
Section 13.01. Each Party will be solely responsible for the acts of its own employees, agents, and subcontractors, the costs associated with those acts and the defense of those acts. The Parties shall not be responsible for any liability or costs associated with those acts and the defense of those acts for Parties outside of their political jurisdictions. It is agreed that none of the Parties shall be liable for failure to respond for any reason to any request for Fire Services or for leaving the scene of an Incident with proper notice after responding to a request for service.
Section 13.02. Entire Agreement. This Agreement sets forth the entire agreement between the Parties and supersedes any and all prior agreements or understandings between them in any way related to the subject matter hereof. It is further understood and agreed that the terms and conditions herein are contractual and that there are no other agreements, understandings,
9
contracts, or representations between the Parties in any way related to the subject matter hereof, except as expressly stated herein.
Section 13.03. Severability of Provisions. If any provision of this Agreement, or its application to any person or circumstance, is invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances is not affected but will be enforced to the extent permitted by law.
Section 13 .04. Governing Law. This Agreement is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan without regard to the doctrines of conflict of laws. The language of all parts of this Agreement shall in all cases be constrned as a whole according to its fair meaning, and not construed strictly for or against any Party.
Section 13.05. Captions. The captions, headings, and titles in this Agreement are intended for the convenience of the reader and not intended to have any substantive meaning and are not to be interpreted as part of this Agreement.
Section 13.06. Terminology. All terms and words used in this Agreement, regardless of the numbers or gender in which they are used, are deemed to include any other number and any other gender as the context may require.
Section 13.07. Cross-References. References in this Agreement to any Article include all Sections, subsections, and paragraphs in the Article; references in this Agreement to any Section include all subsections and paragraphs in the Section.
Section 13.08. Jurisdiction and Venue. In the event of any disputes between the Parties over the meaning, interpretation or implementation of the terms, covenants or conditions of this Agreement, the matter under dispute, unless resolved between the parties, shall be submitted to the courts of the State of Michigan, with original jurisdiction and venue vested in the Wayne County Circuit Court.
Section 13.09. Recitals. The Recitals shall be considered an integral part of this Agreement.
Section 13.10. Amendment. The Agreement may be amended or an altemative form of the Agreement adopted only upon written agreement of the Pruties.
Section 13.11. Countemart Signatures. This Agreement may be signed in counterpart. The counterparts taken together shall constitute one (I) agreement.
IN WITNESS WHEREOF, this Agreement IS executed by the Parties on the date hereafter set forth.
10
WITNESSES:
City of Dearborn Heights, Michigan
Address: 6045 Fenton
11
BY:
ITS:
Dearborn Heights, MI
Daniel S. Paletko
Mayor
DATE: _____________________ _
BY: Dav1.d Brogan
ITS: Fire Chief
DATE:February 5, 2014
48127
WDHT Daniel S. Pale!ko Mayor
Bob Ankrapp Dearborn Heights Government Access Cable Channel Assistant Emergency Manager
& Public Information OJTiccr
February 17, 2014
Honorable City Council City of Dearborn Heights 6045 Fenton Dearborn Heights, Ml 48127
Subject: Request for payment of(emergency) eqnipment repair/replacement in WDHT Cable TV studio and control room: $2,838.00
Dear Council Members:
In December, we experienced an equipment failure in the WDHT-TV control room which knocked us off the air. After an evaluation by our local Telsystems technician, it was determined there were 2 pieces of electronic equipment that needed to be replaced immediately. ln addition, our technician recommended extensive adjustments/repairs on other studio/control room assets that were either functioning poorly (or in some cases, not at all) as the only way to improve the failing quality of our outbound images. This equipment had been in use with no known maintenance/repair work for several years.
The cost ofthese emergency repairs, which required several visits by the technician, totaled $2,838.00. The repairs have been completed, and all equipment is now operating properly. This has resulted in a marked improvement in the quality of our images.
l respectfully request authorization for payment to Telsystems in the amount of$2,838.00 for the payment of these emergency repairs (copy of invoice is attached).
Sincerely,
Bob Robert A. Ankrapp, PEM Emergency Manager
& Public lnfonnation Officer
/ra
attachment
26155 Richardson Dearborn Heights, MI 48127
APPROVED FOR AGENDA OF
Z-25-JI/
t .. el Sys te m'li AlfS_.,VDi---·;;; Jackson Road • Ann Arbor, Ml48103
~ 734-761-4506 • Fax 734-761-9776
~.tY DUt~ it is: 00-~)4--1023 Paq;e 1 Custc,_,, No. l4958 Backon:ler No. 00 Gust."""""·- No. 149::'£8
Your P/'0 r~}S'F i'£3PJ l4·-00:SttJ>;;~
;qLD ll£ARI:JORN CITY OF TO
6045 FEHToJN DEAI<I:JORN HGTS MI 48127 ATTN•ACCTS PAYABLE
RON RUTH
ON SITE
SHIP DEMBflRN C:ITY OF TO GABLE TV STUDIO
26155 RIG~DSON STREET Jl£A!<l:Jr{:JRN HC-iTS 1'<1 481.27 ATTNoBOB ANKRAPP PHONF lh 313--?!'fl-5925
~/:'.' · " QUANTIJ::?( l:fRos:R ED
1
.. ·sH sPPEO" B.O. I I:T'EM'I.D.-~~..:.---+-·-
IW~<R 1
1.
1
1 ! !.
1 I 1 '
1
.
I I SCANL'I::IN
I m·r,·<· , I oc~>- :.i'olo
!O:S'C-cOH
LABOR
CABLE TV S"¥U!HO I'U\!, SAD OIJTL'<Ot~D Sl!GW"!i. .. , NO HOIUZBNTA !-!OLD. ALSO INSPECT GAI#IF.RA' S AS P~'£VIOIJ::':lL.Y DISCt!S::!:--:£1.1.
I cOOP. & s-vrm-:o To \Jit~ cowvt:.""RT
V'dS n; COMP./S.V:Ul€0 CONV. VlMSO 00
T[=t_ SYSTEMS FIELD LAPJJR REPLACED FAULTY Hl!JIP!EJ'Ir, ALI!lNI::l> CA!'Eil:AS• R'C:PAIRE!J T!'IE U:1~Ef'R!JMPTER HEPAIRED UE D>'J-CAA , Cfll\!ii!EGTE» lf!-E CAI#IFRA,
,()()
JX)
.
·<'"''':;;:' .. PL·E···AS···E·· .. · .. P ... A.·.·.yr> 2B;~.OO THIS AMOUNT
)
S~ller r~pre~ents th~l W1th re<pect to the produchon of the artu:h.!s co"ered by th•~ lnvo•ce. •t ha~ fully cornploed With the prov•s•on• ol the Fa<r labor StandMd~ Act of 1938, as amended.
NUMERICAL
9-H Barbara l. McDermott City Assessor
Assessor's Office Daniel S. Palet~=:::-:-::::;:-;=:; Mayor APPROVED FOR
AGENDA OF
\Z-2.5"-it.( I February 5, 2014
Honorable Mayor Dan Paletko Honorable City Council 6045 Fenton Dearborn Heights, Michigan 48127
~;t/~0
Re: Resolution to Establish Dates and Times for the 2014 March Board of Review and Public Notice of the Board of Review
Dear Mayor and Council Members:
I would like to request for you to pass the attached Resolution. The Resolution will establish the 2014 dates and times for the March Board of Review, allow resident taxpayers to protest their assessments in writing, and establish the date for the election of the board's chairman. The public hearing dates will meet the City Charter, Ordinance Sec. 10.9 and comply with State ofMichigan MCL21!.29, MCL211.30.
For your information I have attached a copy of the Public Notice of the Board ofReview that will be published on March 2nd, 51
h and 9th, 2014.
Respectfully Submitted,
Barbara L. McDermott, MMAO( 4), MCPPE City Assessor
City of Dearborn Heights • 6045 Fenlon Ave. • Dearborn Heights, Ml48127·3294 • (313) 791·3460
PUBLIC NOTICE OF THE BOARD OF REVIEW FOR
THE CITY OF DEARBORN HEIGHTS
The Board of Review for the City ofDearbom Heights will receive the 2014 assessment roll on March 4, 2014, in an organizational meeting.
They will be meeting in public session to consider appeals on tl1e following dates aod times listed:
Monday, March 10, 2014 Tuesday, March 11, 2014 Wednesday, March 12, 2014 Thursday, March 13, 2014
9 a.m. to 12 p.m. 9 a.m. to 12 p.m.
2:00p.m. to 5:00p.m. 1:00 p.m. to 5:00p.m. 1:00 p.m. to 5:00p.m.
5:30 p.m. to 9:00 p.m.
To appear before the Board of Review for a formal appeal, please call the Assessing Office at 313 791-3460 for an appointment A non-resident may appeal to the Board of Review by letter. Resident letter appeals may be accepted in place of a formal appearance per City Com1cil resolution. If an agent is representing you, a current leuer of authorization is required. 'TI1e written authori?.ation must include the owner's signature, parcel number, and state the agent has been authorized to appeal the 2014 property assessment Mail written appeal petitions to: The City of Dearborn Heights Board of Review, 6045 Fenton, Dearborn Heights, Ml 48127. All written appeals by residents and non-residents must be received prior to Thursday, March 13, 2014, 5:00p.m. aod it is recommended to mail certified with a return receipt requested.
The 2014 tentative Ratios and Factors are:
Publish March 2, 5, 9, 2014
Residential
Commercial
Industrial
Personal
49.61
49.94
49.85
50.00
State Equalization Factor
10000
10000
LOOOO
10000
----· ,, ____ , ____ _
Gary T. Miotke Corporation Counsel
It-A Corporation Counsel DanielS. Paletko...-.:====::;
Mayor APPROVED FOfl
HAND-DELIVERED
Honorable City Council City of Dearborn Heights 6045 Fenton
February 18,2014
Dearborn Heights, Michigan 48127
Re: Proposed Ordinance Amending City Code Section 20-3 Regarding Begging
Dear City Council Members:
Please find enclosed a proposed ordinance an1ending City Code Section 20-3 regarding begging. It is necessary to adopt this ordinance or another ordinance amending this section because of recent legal developments.
More specifically, the United States Court of Appeals for the Sixth Circuit recently issued an opinion in Speet v. Schuette, 726 F.3d 867 (6'h Cir. 2013) that is likely to cause the current version of Section 20-3 to be deemed unconstitutional. Further, based on Speet v. Schuette, the ACLU of Michigan sent me a letter stating its opinion that Section 20-3 must be repealed.
While I do not share the ACLU' s opinion that Section 20-3 must be repealed, Section 20-3 does need to be amended. Plus, it should be amended where it protect substantial governmental interests in protecting public safety and otherwise.
Accordingly, I recommend that your Honorable Body treat the proposed ordinance as being read for the first time. l also recommend that your Honorable Body refer this proposed ordinance to a study session where it and Speet v. Schuette can be discussed in greater detail.
If l may be of further assistance regarding this or any other matter, please feel free
AGENDA OF
City of Dearborn Heights • 6828 Park Avenue • Allen Park, Ml 48101 • 313 I 388-4809 • Fax 313 I 388·8428 _, ®~~-~47
to contact me at your convenience.
GTM/omf enclosure xc w/ enclosure via hand-delivery: Mayor Daniel S. Paletko
2
Very truly yours,
f\ :
T.MIOTKE
CITY OF DEARBORN HEIGHTS ORDINANCE NO. H-14-03
AN ORDINANCE OF THE CITY OF DEARBORN HEIGHTS, PROVIDING THAT CHAPTER 20 OF THE CODE OF ORDINANCES, CITY OF DEARBORN HEIGHTS, BE AMENDED BY AMENDING SECTION 20-3 REGARDING BEGGING.
THE CITY OF DEARBORN HEIGHTS ORDAINS THAT SECTION 20-3 OF THE CODE OF ORDINANCES OF THE CITY OF DEARBORN HEIGHTS, MICHIGAN IS HEREBY AMENDED TO READ AS FOLLOWS:
SECTION L
Sec 20-3. Begging.
(a) Generally. A person shall not beg in a public place from a passerby, either by words, by gestures, or by the exhibiting of a sign, without the consent ofthe owner or lessee of the property on which the person begs nnless the person has other legal authority to do so. Any person who violates this subsection (a) of this section shall, upon conviction, be guilty of a misdemeanor.
(b) Presumptions regarding begging in certain regulated areas. The following presumptions shall apply to begging on property in "certain regulated areas" as defined in this subsection (b). For purposes of this section, "certain regulated areas" means property in any public alley, any public right-of-way, any public street, any public highway, or any space between the property line and the street curb regardless of the zoning of the property.
(I) If a person is prosecuted for allegedly violating subsection (a) of this section by begging on property that is in any of "certain regulated areas" as defined above in this subsection (b), then there shall be rebuttable presumption that the person did not have the consent of the owner or lessee of the property to beg on the prope1iy and did not have other legal authority to do so.
(2) If a person is prosecuted for allegedly violating subsection (a) of this section by begging on property that is in any of "certain regulated areas" as defined above in this subsection (b), and the person so accused provides evidence to the court that he or she did so pursuant to a license issued by the City pursuant to the City Code Section 28-4,then there shall be rebuttable presumption that the person had other legal authority to beg on the property regardless of any lack of consent to do so from the property owner or lessee.
(c) Presumptions regarding begging in other than certain regulated areas. The following presumptions shall only apply to begging on property that is not in any of the certain regulated areas as defined in subsection (b) above.
(I) Residential areas. If a person is prosecuted for allegedly violating subsection (a) of this section by begging on property that is in any "residential area" as defined
below, then there shall be a rebuttable presumption that the person did not have the consent of the owner or lessee of the property to beg on the property if the prosecution proves that the owner or lessee of the property had posted on the property at the time of the alleged offense a conspicuous notice or conspicuous notices stating that soliciting or begging on the property is prohibited. Absent proof of such a notice, the prosecution must prove that the person prosecuted for allegedly violating subsection (a) of this section continued to beg on the property after having been forbidden to do so by the owner of the property, the lessee of the property, or an authorized agent or employee of the owner or the lessee of the property. For purposes of this section, a "residential area" is any area that is defined under City Code Chapter 36 as being part of an Rl, Singlefamily residential district; an RM, Multiple dwelling residential district; or an MHP, Mobile home park district.
(2) Commercial, office, or manufacturing areas. If a person is prosecuted for allegedly violating subsection (a) of this section by begging on property that is in any "commercial, office, or manufacturing area" as defined below, then there shall be a rebuttable presumption that the person did not have the consent of the owner or lessee of the property to beg on the property. For purposes of this section, a "commercial, office, or manufacturing area" is any area that is defined under the City Code Chapter 36 as being part of a Cl, Neighborhood business district; a C2, General business district; a C3, Commercial use district; a CX, Commercial-residential mixed use district; an 0, Office district; an Ml, Light industrial district; an M3, Medium industrial district; or an MX, Industrial-commercial mixed use district.
SECTION II.
REPEAL
All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect.
SECTION III.
SEVERABILITY
Should any section, subsection, clause, or phrase of this ordinance be declared by the courts to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid.
SECTION IV.
EFFECTIVE DATE
This ordinance shall become effective upon publication as provided by law.
SECTIONV.
AUTHENTICATION
This is to certify that the undersigned do hereby authenticate the foregoing record of the ordinance herein set forth.
DANIEL S. P ALETKO, Mayor
WALTER J. PRUSIEWICZ, Clerk
SECTION VI.
CERTIFICATION
I hereby certify that the foregoing is a true and correct copy of this ordinance adopted by the Council for the City of Dearborn Heights at a regular meeting of the Council held on the_ day of , 2014, and became effective by publication in the official newspaper of the City of Dearborn Heights on the __ day of ___ _ 2014.
WALTER J. PRUSIEWICZ, Clerk
Publication Date: _____ , 2014.
Corporation Counsel
HAND-DELIVERED
Honorable City Council City of Dearborn Heights 6045 Fenton
February 18,2014
Dearborn Heights, Michigan 48127
Gary T. Miotke Corporation Counsel
Daniel S. Paletko Mayor
Re: Proposed Ordinance Amending City Code Section 36-8 Regarding Penalties for Violating Zoning Chapter and Section 36-77 Regarding Prohibited Uses in Zoning Districts
Dear City Council Members:
Please find enclosed a proposed ordinance amending Chapter 36 of the City Code regarding zoning. More specifically, the proposed ordinance would amend Section 36-8 regarding penalties for violating Chapter 36 and Section 36-77 regarding prohibited uses in zoning districts.
It is necessary to adopt this ordinance or another ordinance amending Section 3 6-77 because of recent legal developments. That is, the Michigan Supreme Court very recently held that an ordinance containing provisions very similar to those contained in Section 36-77 was preempted by the Michigan Medical Marijuana Act, MCL 333.26421 et seq. Ter Beek v. City of Wyoming, Mich _; 2014 Mich. LEXIS 194 (2014).
Meanwhile, it is necessary to adopt this ordinance or another ordinance amending Section 36-8 because it potentially conflicts with \City Code Section 1-11. I discovered this while researching the necessary changes to Section 36-77.
I have discussed this matter with Assistant Corporation Counsel Mark Roberts. We agree that this proposed ordinance needs to be considered by the Planning Commission at a public hearing before it is adopted. Accordingly, I recommend that your Honorable Body refer this proposed ordinance to the Planning Commission for consideration at a public hearing.
Thereafter, this proposed ordinance and the Michigan Supreme Court's decision inTer Beek v. City of Wyoming can be discussed in greater detail at a study session of your Honorable Body ..
II- B
APPROVED FOR I AGENDA OF
2-2!5-14
City of Dearborn Heights • 6828 Park Avenue • Allen Park, Ml 48101 • 313 I 368-4809 • Fax 313 I 388-8428
·""lii!-~~~-~,147 '~ .• v.--
2
If I may be of further assistance regarding this or any other matter, please feel free to contact me at your convenience.
GTM/omf enclosure xc w/ enclosure via hand-delivery: Mayor Daniel S. Paletko
Very truly yours,
~~J~~~ GARYT. MIOTKE
Building and Engineering Department Director Mohamed Sobh xc w/ enclosure via email: Assistant Corporation Counsel Mark Roberts
CITY OF DEARBORN HEIGHTS ORDINANCE NO. H-14-0~
AN ORDINANCE OF THE CITY OF DEARBORN HEIGHTS, PROVIDING THAT CHAPTER 36 OF THE CODE OF ORDINANCES, CITY OF DEARBORN HEIGHTS, BE AMENDED BY AMENDING SECTION 36-8 REGARDING VIOLATIONS AND PENALTIES AND BY AMENDING SECTION 36-77 REGARDING PROHIBITED USES.
THE CITY OF DEARBORN HEIGHTS ORDAINS THAT SECTION 36-8 AND SECTION 36-77 OF THE CODE OF ORDINANCES OF THE CITY OF DEARBORN HEIGHTS, MICHIGAN ARE HEREBY AMENDED TO READ AS FOLLOWS:
SECTION I.
Sec. 36-8. Violations and penalties.
The standards and requirements of this chapter reflect obligations to the community at large. It shall be the duty of the property owner and all persons having responsibility for the establishment of any use or the construction, alteration or demolition of any structure or site to verify that such work is not in violation of this chapter. Persons having responsibility for work in violation of this chapter shall be deemed responsible for such violations to the same extent as the property owner.
(I) Violation. Failure to comply with any of the provisions of this chapter, or provisions of permits or certificates granted in accordance with this chapter, shall constitute a violation subject to issuance of a municipal civil infraction citation and other measures allowed by law. The imposition of any fine or other penalty by the court shall not exempt the violator from compliance with the provisions of this chapter.
(2) Correction period. All violations shall be corrected within thirty (30) days following the receipt of an order to correct from the building official. The building official may grant an extension of up to one hundred eighty (180) days upon detennining that the additional time is necessary for correction. The building official may require the immediate correction of a violation upon determining that the violation presents an imminent peril to life or property.
(3) Penalties. The violation of any provision of this chapter by any firm, corporation, person or persons, or anyone acting on behalf of said person, persons, firm or corporation is a municipal civil infraction, for which the fine shall be as stated in this subsection (3) of this section, plus costs and other sanctions ordered by the court. If the amount of the fine is expressly and specifically provided in this chapter for a particular violation ofthis chapter, then the amount of the fine for that violation shall be the amount so provided for that particular violation of this chapter. If the amount of the fine is not expressly and specifically provided in this chapter for a particular violation of this chapter, then the amount of the fine shall be as provided in Code section I-ll for violations of this chapter. If the amount of the fine is not expressly and specifically
provided in this chapter for a particular violation of this chapter, and Code section 1-11 no longer exists, is held to be invalid, or does not otherwise provide the amount of the fine, then the fine shall be not less than one hundred dollars ($1 00.00) nor more than five hundred dollars ($500.00) for the first offense and not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) for subsequent offenses, plus costs and other sanctions ordered by the court.
a. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this chapter.
b. For purposes of this section, the term "subsequent offense" shall mean a violation of the provisions of this chapter committed by the same person within three hundred sixty-five (365) calendar days of a previous violation of the same provision for which the person admitted responsibility or was found responsible by the court.
c. Each day that a violation is permitted to exist shall constitute a separate offense. Offenses committed on subsequent days within a period of seven calendar days following the issuance of a citation for a first offense shall all be considered separate first offenses.
(4) Public nuisance. Any structure which is erected, altered, or converted, or any use of any structure or lot which is established or altered in violation of any of the provisions of this chapter is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.
Sec. 36-77. Prohibited uses.
(I) Generally. Uses that are not specifically listed as a principal, special, or accessory use permitted by this chapter in a zoning district, or otherwise detennined to be similar to a listed and permitted use, shall be prohibited in the district. Uses for enterprises or purposes that are contrary to federal, state or local laws or ordinances are prohibited in all districts.
(2) Michigan Medical Marijuana Act Uses. Uses for enterprises or purposes that are permitted under the Michigan Medical Marijuana Act, MCL 333.26421 et seq., are only prohibited under this section if they are contrary to federal laws or ordinances to the extent that there is "a positive conflict" between the Michigan Medical Marijuana Act and federal laws or ordinances. For purposes of this section, the determination of whether "a positive conflict" exists between the Michigan Medical Marijuana Act and federal laws or ordinances shall be made based on the Michigan Supreme Court's opinion inTer Beek v. City of Wyoming or any other controlling federal or Michigan court decision arising after it.
SECTION II.
REPEAL
All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect.
SECTION III.
SEVERABILITY
Should any section, subsection, clause, or phrase of this ordinance be declared by the courts to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid.
SECTION IV.
EFFECTIVE DATE
This ordinance shall become effective upon publication as provided by law.
SECTIONV.
AUTHENTICATION
This is to certify that the undersigned do hereby authenticate the foregoing record of the ordinance herein set forth.
DANIEL S. P ALETKO, Mayor
WALTERJ. PRUSIEWICZ, Clerk
SECTION VI.
CERTIFICATION
I hereby certify that the foregoing is a true and correct copy of this ordinance adopted by the Council for the City of Dearborn Heights at a regular meeting of the Council held on the_ day of , 2014, and became effective by publication in the official newspaper of the City of Dearborn Heights on the __ day of ___ _ 2014.
WALTER J. PRUSIEWICZ, Clerk
Publication Date: ___ _ '2014.
City of Dearborn Heights 1/-e.-
Waewt 'J. fJ'tU5ieUJ.ic,z
TO:
FROM:
DATE:
RE:
6045 FENTON • DEARBORN HEIGHTS, MICHIGAN 48127
CORPORATION COUNSEL MIOTKE
CITY CLERK PRUSIEWICZ tt;r FEBRUARY 17, 2014
ORDINANCE H-14-02- DEPARTMENT OF ORDINANCE ENFORCEMENT
CITY CLERK
The following is a copy of a motion adopted at the Regular Meeting of the Dearborn Heights City Council held on February 11, 2014.
14-048 Motion by Councilman Constan, seconded by Councilwoman Hicks-Clayton, that proposed Ordinance H 14-02, AN ORDINANCE OF THE CITY OF DEARBORN HEIGHTS, PROVIDING THAT CHAPTER 2 OF THE CODE OF ORDINANCES, CITY OF DEARBORN HEIGHTS, BE AMENDED BY ADDING ARTICLE IX, SECTION 2-901 REGARDING THE DEPARTMENT OF ORDINANCE ENFORCEMENT, AND PROVIDING FURTHER THAT THE CODE OF ORDINANCES, CITY OF DEARBORN HEIGHTS BE AMENDED BY AMENDING SECTION 1-9 REGARDING AUTHORITY TO ISSUE APPEARANCE TICKETS, be considered read for the first time.
WJP/es
Ayes: Councilman Apigian, Council Chairman Baron, Councilman Berry, Councilman Constan, Councilwoman Hicks-Clayton, Councilwoman Horvath, Councilman Kosinski
Nays: None Absent: None
Motion unanimously adopted.
cc: DPW Ordinance Building Files
(313) 791-3430 • Fax: (313) 791-3401 • Email: [email protected] ·~l\jl!fi\'r"" .V
APPROVED FOR AGENDA OF
Corporation Counsel
HAND-DELIVERED
Honorable City Council City of Dearborn Heights 6045 Fenton Dearborn Heights, Michigan 48127
February 3, 2014
Re: Ordinance Creating Department of Ordinance Enforcement
Dear City Council Members:
Gary T. Miotke Corporation Counsel
Daniel S. Paletko Mayor
Please find enclosed a proposed ordinance that would create a Department of Ordinance Enforcement ("Department"). Since this proposed ordinance and the Department are expected to be topics at your Honorable Body's Study Session tomorrow evening, I will explain the proposed ordinance tomorrow as opposed to in this letter.
Ifl may be of further assistance regarding this or any other matter, please feel free to contact me at your convenience.
GTM/eem enclosure xc w/ enclosure via hand-delivery: Mayor Daniel S. Paletko
Very truly yours,
II-R
APPROVED FOR AGENDA OF
Z-11-IL/
City of Dearborn Heights • 6828 Park Avenue • Allen Park, Ml 48101 • 313 I 388-4809 • Fax 313 I 388-8428
CITY OF DEARBORN HEIGHTS ORDINANCE NO. H-14-02
AN ORDINANCE OF THE CITY OF DEARBORN HEIGHTS, PROVIDING THAT CHAPTER 2 OF THE CODE OF ORDINANCES, CITY OF DEARBORN HEIGHTS, BE AMENDED BY ADDING ARTICLE IX, SECTION 2-901 REGARDING THE DEPARTMENT OF ORDINANCE ENFORCEMENT, AND PROVIDING FURTHER THAT THE CODE OF ORDINANCES, CITY OF DEARBORN HEIGHTS BE AMENDED BY AMENDING SECTION 1-9 REGARDING AUTHORITY TO ISSUE APPEARANCE TICKETS.
THE CITY OF DEARBORN HEIGHTS ORDAINS THAT THE CODE OF ORDINANCES OF THE CITY OF DEARBORN HEIGHTS, MICHIGAN, IS HEARBY AMENDED BY ADDING A NEW SECTION, TO BE NUMBERED 2-901, WHICH SHALL READ AS FOLLOWS AND THAT SECTION 1-9 OF THE CODE OF ORDINANCES OF THE CITY OF DEARBORN HEIGHTS, MICHIGAN IS HEREBY AMENDED TO READ AS FOLLOWS:
SECTION I.
Sec. 2-901. Department of Ordinance Enforcement.
(a) In general. There shall be a Department of Ordinance Enforcement (hereafter referred to in this Section as the "Department") that shall be charged with the responsibility of assisting in the enforcement of all of the following chapters under this Code: Chapter 3 Advertising; Chapter 5 Amusements and Entertainments; Chapter 6 Animals; Chapter 7 Buildings and Building Regulations; Chapter 8 Business Licensing; Chapter 9 Cable Television; Chapter 12 Exercising Club or Salon; Chapter 13 Fences; Chapter 15 Flood Damage Prevention; Chapter 16 Food and Food Handlers; Chapter 17 Garbage, Rubbish and Litter; Chapter 19 Massage; Chapter 20.5 Parking Lots; Chapter 22 Peddlers and Solicitors; Chapter 25 Secondhand Goods; Chapter 26 Signs; Chapter 28 Streets, Sidewalks and Other Public Places; Chapter 30 Swimming Pools; Chapter 33 Vegetation; Chapter 34 Vehicles for Hire; Chapter 35 Water and Sewers; Chapter 36 Zoning; Chapter 37 Right-of-Way Management; Chapter 38 Electric and Gas Supply Franchises; and Chapter 39 Stormwater Management. In addition, the Department's responsibility of assisting in the enforcement of the above-referenced chapters extends to enforcement activities relative to any property maintenance code, plumbing code, mechanical code, residential code, building code, electrical code, or other code related to any of the above-referenced chapters whether adopted by reference, adopted by summary, otherwise adopted by the City, or otherwise within the City's authority to enforce under State law. The Department shall not invade or supplant the duties or functions of other departments, offices, or commissions that are charged with administration and/or enforcement of any of the above-referenced chapters. Instead, the
Department shall assist in enforcement activities as more fully described at Subsection (c) below.
(b) Authority and purpose for creation of the Department. The Department is created pursuant to Section 5.12 of the Charter. The Council believes that the proper administration of the business of the City and the interests of the City require the Department to exist. Among other things, the Council believes that violations and potential violations of the above-referenced chapters can be addressed most efficiently and most effectively by way of a department dedicated to assisting in the enforcement of all of the above-referenced chapters.
(c) Enforcement activities. The Department shall assist in the enforcement of all of the above-referenced chapters by engaging in activities including, but not necessarily limited to, the following: reviewing City records in order to discover violations and potential violations; receiving and investigating complaints about violations and potential violations; interacting with residents, witnesses, offenders, City officials, and others relative to violations and potential violations; issuing warnings, notices of violations, and/or appearance tickets relative to violations and potential violations; appearing at court to testify relative to violations and potential violations; assisting Corporation Counsel in actions pertaining to administrative search wan·ants and/or orders relative to violations and potential violations; assisting Corporation Counsel in actions pertaining to the prosecution of violations and potential violations; serving and/or posting legal notices in any way related to the above-referenced chapters; assisting other departments, offices, or commissions that are charged with administration and/or enforcement of any of the above-referenced chapters relative to their enforcement activities; and otherwise engaging in activities related to the enforcement of the above-referenced chapters.
(d) Limitations on enforcement activities. The Department shall not invade or supplant the duties or functions of other departments, offices, or commissions that are charged with administration and/or enforcement of any of the above-referenced chapters. Among other things, the Department shall not have the authority to issue permits, licenses, certificates, or other similar official documents that are issued in the administration of any of the above-referenced chapters. For purposes of illustration, and not as a limitation on what is stated in the preceding sentence, the Department, for exan1ple, cannot issue business licenses under Chapter 8 of the Code. Further, even if an individual in the Department has an appropriate license or certificate to do so, the Department shall not engage in activities that are necessarily and exclusively part of the duties or functions of any other department, office, or commission by virtue of any of the above-referenced chapters. For purposes of illustration, and not as a limitation on what is stated in the preceding sentence, the Department, for example, cannot undertake actions that must be undertaken by the "building official" under the Michigan Building Code. Moreover, no one in the Department shall engage in any enforcement action or activity of any type or natnre for which he or she does not possess a legally required license or certificate.
(e) Supervision of the Department. The head of the Department shall be a department head appointed by the Mayor pursuant to Section 5.15 of the Charter who shall report to the Mayor as provided in the Charter. However, in his or her sole discretion, the Mayor may delegate the day-to-day supervision of the head of the Department to the head of another department for pmposes of administrative convenience, efficiency, and/or effectiveness. Further, in his or her sole discretion, the Mayor may at any time change the department head to whom such authority is delegated or may revoke such authority entirely.
Sec. 1-9. Authority to issue appearance tickets.
(a) This section only pertains to the authority of non-police employees, officials, agents, and representatives of the City to issue appearance tickets. The authority of police employees, officials, agents, and representatives to arrest and/or to issue appearance tickets continues to exist to the fullest extent of the law.
(b) Pursuant to Section 764.9c of the Michigan Compiled Laws, as may be amended, the following officials are designated as public servants who are specifically authorized to issue and serve appearance tickets for misdemeanors, civil infractions, and municipal civil infractions relative to the following:
(I) Building and Engineering Department. The Director, Deputy or Assistant Director (if any), Inspectors of any sort, Ordinance Officers (if any), and Code Enforcement Officers (if any) may issue appearance tickets relative to any offense under the following chapters of the City Code: Chapter 3 Advertising; Chapter 5 Amusements and Entertainments; Chapter 6 Animals; Chapter 7 Buildings and Building Regulations; Chapter 8 Business Licensing; Chapter 13 Fences; Chapter 17 Garbage, Rubbish and Litter; Chapter 26 Signs; Chapter 28 Streets, Sidewalks and Other Public Places; Chapter 30 Swimming Pools; Chapter 33 Vegetation; Chapter 36 Zoning; and Chapter 37 Rightof-Way Management. In addition, said public servants may issue appearance tickets relative to any offense under any property maintenance code, plumbing code, mechanical code, residential code, building code, electrical code, or other code involving building and/or engineering adopted by reference, adopted by summary, otherwise adopted by the City, or otherwise within the City's authority to enforce under State law.
(2) Fire Department. The Fire Chief, Deputy Fire Chief, Fire Marshal, Fire Inspectors of any sort, and Emergency Management Coordinator may issue appearance tickets relative to any offense under Chapter 14 Fire Prevention and Protection of the City Code. In addition, said public servants may issue appearance tickets relative to any offense under any fire code adopted by reference, adopted by summary, otherwise adopted by the City, or otherwise within the City's authority to enforce under State law. Moreover, said officials shall have all authority and powers specifically granted by State law, even if the exercise of those powers is in excess of the limits set forth in this Section.
(3) Animal Control Officers may issue appearance tickets relative to any offense under City Code Chapter 6 Animals.
(4) Dearborn Heights Tax Increment Finance Authority. Subject to the limitations of this paragraph, any employee, agent, official, representative, or other public servant of the Dearborn Heights Tax Increment Finance Authority may issue appearance tickets to the same extent that the City's Department of Ordinance Enforcement employees or representatives are authorized to do so at Section l-9(b)(5) below. To be so authorized, the Mayor must consent in writing to any such public servant affiliated with the Dearborn Heights Tax Increment Finance Authority having the authority to issue appearance tickets. In addition, the authority of such a public servant affiliated with the Dearborn Heights Tax Increment Finance Authority may be revoked at any time by the Mayor. Further, the authority of such a person shall end immediately upon the termination of that person's affiliation with the Dearborn Heights Tax Increment Finance Authority.
(5) Department of Ordinance Enforcement. The Director, Deputy or Assistant Director (if any), Ordinance Officers, and Code Enforcement Officers (if any) may issue appearance tickets relative to any offense under the following chapters of the City Code: Chapter 3 Advertising; Chapter 5 Amusements and Entertainments; Chapter 6 Animals; Chapter 7 Buildings and Building Regulations; Chapter 8 Business Licensing; Chapter 9 Cable Television; Chapter 12 Exercising Club or Salon; Chapter 13 Fences; Chapter 15 Flood Damage Prevention; Chapter 16 Food and Food Handlers; Chapter 17 Garbage, Rubbish and Litter; Chapter 19 Massage; Chapter 20.5 Parking Lots; Chapter 22 Peddlers and Solicitors; Chapter 25 Secondhand Goods; Chapter 26 Signs; Chapter 28 Streets, Sidewalks and Other Public Places; Chapter 30 Swimming Pools; Chapter 33 Vegetation; Chapter 34 Vehicles for Hire; Chapter 35 Water and Sewers; Chapter 36 Zoning; Chapter 37 Right-of-Way Management; Chapter 38 Electric and Gas Supply Franchises; and Chapter 39 Stormwater Management. In addition, said public servants may issue appearance tickets relative to any offense under any property maintenance code, plumbing code, mechanical code, residential code, building code, electrical code, or other code involving ordinance enforcement adopted by reference, adopted by summary, otherwise adopted by the City, or otherwise within the City's authority to enforce under State law.
(6) Department of Public Works. The Public Service Administrator, Deputy or Assistant Director (if any), Supervisor, Ordinance Officers (if any), and Code Enforcement Officers (if any) may issue appearance tickets relative to any offense under the following chapters of the City Code: Chapter 33 Vegetation; Chapter 35 Water and Sewers; and Chapter 39 Stormwater Management. In addition, said public servants may issue appearance tickets relative to any offense under any property maintenance code, plumbing code, mechanical code, residential code, building code, electrical code, or other code involving the department of public works adopted by reference, adopted by summary, otherwise adopted by the City, or otherwise within the City's authority to enforce under State law.
(7) Non-police employees, officials, agents, and representatives of the City may also issue appearance tickets for ordinance violations where the ordinance setting forth the ordinance violation states that any such public servants have the authority to enforce the ordinance. This authority is in addition to the authority granted in this Subsection (b) at paragraphs(!), (2), (3), (4), (5), and (6) above.
SECTION II. CODIFICATION DIRECTIVES
Sections 2-806 through 2-899 are deemed to be added and reserved.
Article IX. Department of Ordinance Enforcement, and Section 2-901 Department of Ordinance Enforcement are deemed to be added to the Code.
SECTION IlL
REPEAL
All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect.
SECTION IV.
SEVERABILITY
Should any section, subsection, clause, or phrase of this ordinance be declared by the courts to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid.
SECTIONV.
EFFECTIVE DATE
This ordinance shall become effective upon publication as provided by law.
SECTION VI.
AUTHENTICATION
This is to certify that the undersigned do hereby authenticate the foregoing record of the ordinance herein set forth.
DANIEL S. P ALETKO, Mayor
WALTER J. PRUSIEWICZ, Clerk
SECTION VII.
CERTIFICATION
I hereby certify that the foregoing is a true and correct copy of this ordinance adopted by the Council for the City of Dearborn Heights at a regular meeting of the Council held on the_ day of February, 2014, and became effective by publication in the official newspaper of the City of Dearborn Heights on the __ day of February, 2014.
WALTER J. PRUSIEWICZ, Clerk
Publication Date: February_, 2014.
City of Dearborn Heights 13-A
WaileJt :J. :lltn6iewi.cz 6045 FENTON • DEARBORN HEIGHTS, MICHIGAN 48127
February 17,2014
Joseph Schebel Rusted Crow Spirits, LLC 6056 N. Telegraph Rd. Dearborn Heights, Ml 48127
Dear Mr. Schebel:
CITY CLERK
-PR0VE13-F6fll " AGENPA OF H t ' : :·,· .' !):~
The following is a copy of a motion adopted at the Regular Meeting of the Dearborn Heights City Council.
14-049 Motion by Councilman Berry seconded by Councilman Constan, to approve the New Small Distiller License for Rusted Crow Spirits, LLC, 6056 N. Telegraph Rd.
Ayes: Nays:
Councilman Apigian, Councilman Berry, Councilwoman Hicks-Clayton Council Chairman Baron, Councilman Constan, Councilwoman Horvath, Councilman Kosinski.
Absent: None.
Motion denied.
I hereby certify that the above is a true and correct copy of a motion adopted at the February 11, 2014, meeting of the Dearborn Heights City Council.
Very truly yours, //
1/J{)}_lL lf-ll~.// Walter J. Prus~~z M // Dearborn Heights City ClerttJ
WJP/es
cc: Planning Cornm. Corp. Counsel Mayor Files
(313) 791-3430 • Fax: (313) 791-3401 • Email: [email protected]
w
CITY OF DEARBORN HEIGHTS, MICHIGAN Planning Commission
Meeting Minutes February 13, 2014
APPROVED:
CALL TO ORDER
Rick Coogan called the meeting to order at 6:03 p.m.
ROLLCALL
Present: R. Coogan, R. Dziengowski, .J. Girolamo, S.Hojeij, T. Wencel, A. Zammitt
Absent: S. Jaafar, B. Vernier
Also Present: M. Roberts, Asst. Corporation Counsel; L. Haw, McKenna Assoc.; M. Sobh, Building Department Representative; K. McKinnon, Recording Secretary
APPROVAL OF AGENDA - ---------------
!Motion: Hojeij ! Abstained:
Support: Dziengowski
Approve agenda for February 13,2014, as submitted.
iM()tion Carried.... _ _ _________ _
APPROVAL OF MINUTES: OCTOBER 10,2013, REGULAR MEETING MINUTES ------
Motion: Girolamo :Abstained:
Support: Hojeij
!Approve the minutes from October 10,2013, as submitted.
Motion Carried
CASE #14-01: 20401 W. WARREN, BURGER KING RESTAURANT
•d Haw: Summary of McKenna letter dated February 3 , 2014.
Coogan: Is this one similar to the Burger King on Van Born and Telegraph?
Representative: Yes
Coogan: Any questions from the Commissioners?
Girolamo: Is there any way for us to follow up with the muf11ing of voices?
Sobh: The noise, signs, and elimination will be taken care of by the Building Department.
Dearborn Heights Planning Commission Meeting Minutes February 13th, 2014
- I -
Motion by Girolamo supported by Hojeij to approve SPR 14-01 site plan review oj20401 W Warren based on the recommendations stated in the McKenna letter dated February 3, 2014, Items #1, 2, and 3.
Motion Carried
CASE #14-02: PARKS & RECREATION 5 YEAR MASTER PLAN
Grybel: Review of the First Draft of the Five Year City of Dearborn Heights Parks and Recreation Master Plan, 2014-2018.
Coogan: Laura (Haw), if you would help keep an eye on this, too as our Planning Consultant (McKenna) ....
Blake (Consultant): (Review of the Power Point presentation) Dearborn Heights 2014 Action Plan (Goals): 1. Promote existing park facilities and activities; 2. Acquire any existing properties not designated for parks; 3. Improve safety and security in parks and facilities; 4. New capital improvement projects for Dearborn Heights Recreation Department. Discussed Park specific recommendations for the following parks: Parkland Park, Central Park, Canfield Community Center and Canfield lee Arena, Van Houten Park, Swapka-Powers Park and Richard A. Young Recreation Center, Berwyn Park and Senior Center, Daly Park, Eton Senior Center, Heather Lane Park, Kinloch Park, and Weddel Park.
Coogan: Do you get involved with the ADA stuff for the bathrooms, etc?
Grybel: That is being addressed at Berwyn. We don't mention it with this plan ....
Sobh: CDBG (Community Development Block Grant) would take care of it.
Blake: (Additional review of Power Point presentation)
Coogan: Thank you. Well Done.
Dziengowski: Would the new proposed senior center close the Berwyn Center?
Grybel: Yes, that is the intent. We would be able to move operations to a more efficient building.
Dziengowski: Would that include the Eton Center?
Grybel: Probably would look at future look at transforming a senior element into the Richard Young Center. That wasn't in this plan, because we have a lot of projects in the plan already that we probably won't be able to accomplish. You never know what type of funding you are going to get, so better to put more into the plan just in case.
Motion by Girolamo supported by Hojeij that the Five Year Parks & Recreation Master Plan has been reviewed, and is not in conflict with the City of Dearborn Heights' Master Plan and is approved.
Motion Carried.
Dearborn Heights Planning Commission Meeting Minutes February 13th, 2014
- l...-
CASE #13-04: 5696 ACADEMY (USED AUTO SALES)
Motion by Girolamo, seconded by Dziengowski to remove SPR 13-04, 5696 Academy from the table.
Motion Carried
Haw: Summary of McKenna letter dated February 411', 2014. Number eight should be thirty-five feet
east of Madison and six feet from the residential property line to the North, since it is an RM property not commercial.
Guido (representative): We would like to keep the dumpster in line with the driveway ..... we don't have an issue moving the dumpster south six feet that is required. We would like you to consider the same location because it makes sense with the access aisle, immediately east, for the garbage truck.
Girolamo: It can't be there. It is right by the residents.
Haw: Based on the ordinance standards, the dumpster must be behind the building line.
Guido: We would like you to consider leaving it in line with the driveway. So the truck can come off ofVan Born.
Sobh: l don't see a problem with that. It is still located behind the building.
Coogan: Is there a Zoning issue?
Roberts: What was the recommendation?
Haw: It needs to be moved behind this line ... to be considered the rear yard.
Coogan: It does make sense to have it at the driveway.
Haw: You could angle it.
Roberts: You can approve it with compliance of the conditions stated in the McKenna letter dated February 4'", 2014, as well as comments by McKenna representative at the meeting tonight to relocate the dumpster enclosure in compliance with the Zoning Ordinance, or if a variance is obtained to allow the dumpster to remain at the location shown on the plan, approve that as well.
Coogan: Would that be two different motions?
Roberts: It could be a single motion. It would be a conditional approval.
Wencel: Why would this be any different than the Auto Zone?
Sobh: The ordinance specifies behind the building. It doesn't have to be behind the wall, just behind the building. It is on the same premises. 1 don't see a problem.
Wencel: It isn't two different parcels of land?
Sobh: No. It is still the same.
Dearborn Heights Planning Commission Meeting Minutes February 13th, 2014
- 3-
Roberts: There are two different Zoning Districts on this property ....
Sobh: Why are there two different Zoning Districts? It is the same. All of Van Born is zoned CJ. Why is ittwo? It is all commercial property zoned CJ, not zoned residential (Rl).
Coogan: She (Haw) is saying that the rear is zoned R 1.
Sobh: No. It was ..... remember we changed it. The frontage of the property is all on Van Born. What extends behind the building is part of that parcel. Just like Autozone ....
..... Discussion ..... .
Coogan: Mark (Roberts) is the property back there zoned R I or C3?.
Robe1ts: l would have to look at the Zoning Map to be sure. It is my understanding from McKenna that the back portion is Rl, and the front is CJ. The Building Depa1tment has a different interpretation of that. Parking for a CJ zoning use is still appropriate for an Rl zone.
Sobh: The trash bin would be in an Rl zone if what you are saying is true. Behind the building is behind the building. We have been through this with the AutoZone, and the Medical building between Lafayette and Kingsbury.
Coogan: According to McKenna we need a variance, and according to Mohamed (Sobh) we don't.
Guido: We would rather not go another sixty days to go through the Zoning issue. We have no problem moving the dumpster south 6 feet to get away from the residential boundaries. I don't understand where we need to be in the rear yard.
Roberts: The Rl district, if it is applicable, on this site, your enclosure needs to be in the rear yard. It needs to be behind that wall.
Guido: The building is in a C3 ....
Coogan: The building is in the CJ, but the trash enclosure would be in the R I, if it is that.
..... Discussion ........ .
Coogan: If it is moved over or angled, we will lose parking spaces.
Girolamo: So, it will be six feet off the Northern residential boundary, and behind the line of the building.
Haw: Perhaps this would be a good idea for text amendments for 2014. A lot of communities do have a modification with the trash dumpster that if the site is so constrained that an appropriate location can be designated by the Planning Commission .. It is used sparingly, but it would be helpful.
Sobh: There were houses before behind this property. Once you take the property, and demolish the houses, and use as a parking lot, it becomes commercial.
Coogan: It becomes commercial automatically?
Roberts: No. It can be used for parking. It is a service. It doesn't change the Zoning District. It is an allowable use in the R 1 Zone to serve an adjacent commercial property.
Coogan: So, where are we at?
Dearborn Heights Planning Commission Meeting Minutes February 13th, 2014
Roberts: My understanding of the way the ordinance should be applied is that the dumpster enclosure needs to be west of the eastern wall, directly behind the building. There are two things you can do for approval. Approve it based on them moving the dumpster enclosure consistent with the ordinance, or approve as shown contingent upon obtaining zoning ordinance variance or a ZBA interpretation of the zoning ordinance treating this entire property as a C3 zone.
Representative: If I could just say something for the record, as a business man in the community, it is really unwise to keep the second lot as R I . It does not make sense. For McKenna to .....
Robe11s: I would like to respond to that. This is not McKenna making a ruling. City Council rezoned this property C3 at the front. They did not rezone the rear of the property. This is not McKenna, this is City Council interpretation. In all respect to the applicant, this is not McKenna making a suggestion. This is not something this Panel (Planning Commission) can alter. You cannot rezone this property. What you are doing is allowing this plan to be processed and completed with options, a fairly minimal relocation of the dumpster, or go before the Zoning Board.
Representative: We do not want to go before the Zoning Board.
Coogan: Then you can move it (dumpster) over behind the building at an angle.
Motion by Girolamo supported by Zammitt to approve SPR 13-04 site plan review of5696 Academy based on the recommendation of items number 1-3, 5, and 6 stated in the McKenna letter dated February 4, 2014, conditional on the relocation ~fthe dumpster to the west of the eastern wall of the building and six feet from the northern property line
Motion Carried.
CASE #13-12: 6056 N. TELEGRAPH (RUSTED CROW DISTILLERY)
Motion by Hojeij, seconded by Girolamo to remove SPR 13-12, 6056 N Telegraphfi·om the table.
Motion Carried
Coogan: This is the site where we were looking for additional parking.
Haw: Yes, this application was before you in October, at that meeting the special land use was granted. Also, the site plan for the distillery was approved. A total of twelve parking spaces are required for the distillery use as well as the accessory use of the tasting room. There are four spaces in on the site and since the applicant was last in front of you he has acquired a shared parking agreement with One Stop Auto and you can see that in the memo. There are eight spaces available but due to the configuration of the spaces there are really only four that are easily available. The second row of ears can block the first row. What we are recommending is that the commission would reduce the number of spaces required from twelve to ten and then the agreement would be acceptable. It would be contingent on if the shared parking agreement was terminated then the accessory use of the tasting room would be terminated until an alternative arrangement was reached.
Coogan: This is quite an up and coming business. It's in Ferndale, Royal Oak, Brighton. Michigan and California are, I think, the only states that are doing this right now. I have a picture of it, because I don't people to think this is a big monster production. It's a small operation, a micro-distillery. I've been to the site and seen it. It's a really nice place; he's put so much work into it.
Dziengowski: You're now recommending ten spots? How will that be achieved?
Dearborn Heights Planning Commission Meeting Minutes February 13th, 2014
Haw: You would have the four in front of the site and then an additional six at one stop auto. It should be an agreement between the owner and his employees that they would park in the spots that could be blocked.
Applicant: I had already discussed that and that is exactly where we would be parking.
Roberts: For what it's worth, I have reviewed the parking agreement. And 1 had discussed it being put in the chain of title. The purpose of that was to make sure that the city would be aware if the agreement would be broken. That has been addressed in the letter. You can approve the use contingent on, if the agreement is ended the use would end until such time that parking is reestablished.
Dziengowski: Will there be anything directing people to use the parking that's across the street?
Joe: Yes, it will be both on the website and I will direct customers as they come in. I will inform every customer and do everything I can to make sure they know.
Roberts: Is there a way to do signage?
Applicant: I could do that right on the front door or the side of the building.
Coogan: One of things that I learned is that this is meant to give you credibility, to give you an address. He can only serve the vodka that they make. He can't serve beer or any other kind of drink that he doesn't make. It's not the type of place where people hang out. They come in to taste and it creates a little buzz to get people to buy. Distributors and bartenders can come and try and maybe carry it.
Roberts: I would also recommend that this is contingent on the hours of operation, limited to 7:00pm to 2:00am Thursday-Sunday.
Coogan: That's one reason I don't see there being a problem with this parking agreement. It's going to be a win-win for the city. It will give us exposure, it's a cool business.
Dziengowski: You had said previously that you have an agreement with another lot?
Applicant: Yes, I have another agreement with Sweet Mikes which is also next to me. But, that was just above and beyond. I have a handwritten, signed agreement with him and could get a more indepth one too.
Roberts: The ordinance requires a written agreement. He is now in compliance.
Wencel: Those spots are double spots? Is that considered four or eight?
Sobh: Four. The business needs eight. Are you going to have four employees? There shouldn't be an issue with the number of spaces.
Applicant: There was some confusion there. On days when we are producing and bottling we would have four. But, during the times when tasting is open there would only be one or two.
Coogan: Do we have a motion?
Wencel: What about the spots that are blocked in?
Roberts: The two spots that could be blocked in will be used by employees who would not need to leave during business hours.
Dearborn Heights Planning Commission Meeting Minutes February !3th, 20!4
_(.,-
Coogan: Do we have any comment from the public?
Motion by Hojeij seconded by Zammitt to approve SPR I 3-12, the accessory use of a tasting room at 6056 Telegraph (Rusted Crow Distillery) based on the recommendations of the McKenna letter dated February 41
h, 2014. Required parking to be reducedfrom twelve to ten spots. Approval contingent on hours of operation being from 7:00pm through 2:00am on Thursday through Sunday. Accessory use to be terminated if parking agreement is terminated.
Motion Carried.
Meeting adjourned by chair at 7:43.
Respectfully Submitted, Kari McKinnon Recording Secretary
Dearborn Heights Planning Commission Meeting Minutes February 13th, 2014
- 7-
MEMORANDUM
To:
From:
Date:
Subject:
BACKGROUND
City of Dearborn Heights Planning Commission
John Jackson, AICP, Executive Vice President Laura Haw, Assistant Planner
February 4, 2014
Rusted Crow Distillery: Accessory Use and Shared Parking Agreement
At the October 2013 Planning Commission, special land use approval was granted for the Rusted Crow Distillery, located at 6056 N. Telegraph Road. The site plan for the distillery use was also approved.
The accessory use, a tasting room, was not approved due to insufficient parking on the site. Four parking spaces are required for the distillery use, which are all currently provided on site. An additional eight parking spaces were required for the accessory use (tasting room),
The applicant, Joseph Schebel, has since reached an off-street parking agreement with Mahmoud Chaoukair of 1 Stop Auto for the use of eight parking spaces, located at 6102 Telegraph Road. The eight parking spaces are available for the Rusted Craw's hours of operation: Thursday- Sunday, 7:00 PM-2:00AM when the tasting room wHI be open for operation.
The aerial to the right shows the location of the Rusted Crow Distillery (outlined in orange) and the shared parking lot (outlined in green).
RECOMMENDATION If the off-street parking agreement is found acceptable, we recommend the accessory use of a tasting room is approved for the Rusted Crow Distillery, contingent on the fact that if the off-street parking agreement is terminated, the accessory use is a!so suspended until an alternative parking arrangement is reached.
WWW,MCKA.COM 88$.l226A32G
HEADQUARtERS 2:35 East. Mom Stroot, Swte 105, Northvl1!0, Ml 481157 T-: 248.69£.0920 F: 248.596.0930 WEST MJCHI-GA N 151. South Ros0 StrGiJL SW10 920, KalafYVilOO, Mf 49007 T: 269.332,4443 Ft 248.590.0930 OJUO 138.2 We1~t 9th Stre&l SuiW 420, Gkilve1and, Ol'liO 441:L3 1";330528,3342 F:248J596.0930
Parking Lease Agreement
Mahmoud Chaoukair, as Lessor and owner of 1 Stop Auto, does hereby agree to allow Joseph
Schebel, as Lessee and owner of Rusted Crow Spirits, use the (8) parking spaces at 1 Stop Auto,
located at 6102 Telegraph Road, Dearborn Heights, Ml, 48127, during Rusted Craw's hours of
operation, Thursday through Sunday, 7:00 PM until 2:00AM. The following terms and conditions
shall apply to this Parking Lease Agreement ("Agreement"):
Terms and Conditions:
1. Term of lease. The term of the lease is 2 years and the lease automatically renews every 12
months.
2. Items Left in Vehicle. Lessor shall not be responsible for damage or loss to possessions or items
left in vehicles parked in the agreed location.
3. Damage to Vehicle. Lessor shall not be responsible for damage to vehicles parked in the agreed
location, whether or not such damage is caused by other vehicle(s) or person(s) in the parking lot
and surrounding area.
4. Termination. The Lessor may terminate the Agreement by supplying a 60 day written notice
to the Lessee. Any such notice shall be directed to a lessee at the party's address as listed below
in this Agreement. A copy of the termination of the Agreement will be directed to the Dearborn
Heights Building Department located at 6045 Fenton, Dearborn Heights, Ml 48127.
EXECUTED AND AGREED by the parties hereto, this the ! 4rday of f)ec 20 I 3_.
Lessor- Mahmoud Chaoukair
Lessor's Address ·~Lessee's Address
6102 Telegraph Road 6056 Telegraph Road
Dearborn Heights, Ml 48127 Dearborn Heights, Ml 48127
Instructions for Appiicants:
Michigan Department of Licensing and Regulatory Affairs Liquor Control Commission (MLCC)
7150 Harris Drive, P.O. Box 30005- Lansing, Michigan 48909-7505 Toll Free (866) 813-0011 • www.michigan.gov/lcc
local Government Approval
(Authorized by MCL436.1501)
Business ID: 235132 --'--'---
Request ID: _71_8:..:3..::6.:_7 ___ _
{For MLCC use only)
• You must obtain a recommendation from the local legislative body for a new license application and/or a new banquet facility permit.
Instructions for Local Legislative Body:
Complete this resolution, or provide a resolution, along with certification from the clerk, or adopted minutes from the meeting at which this request was considered.
,, (regular or special)
called to order by jS \cK 12cxx~)-f\ the following resolution was offered:
on _ 4/.LCLi_j.\"'0'-·_;'"-·-,.,_, __ (date)
Moved by _ _::S"'1
"-, hc'-"'·",.,:vn:L.l-.-:::SC"""'C::I(X"'Q""h"''r __________ and supported by -~Sds\D (:.,·,~[lla mo that the application from ...:R.:..us'-'t-'-ed.:..::C.:..ro:..w__:Sc.p_iri..::ts'-L:::L:_:C:_ ___________________________ _
(name of applicant)
for the following license(s)::.N:.::e..::wc..:S:..:m:..:a.:_l.:_l D.:_:.::ist.:..il:_:le:..:r..::L::cic:.::e..::n..::se::_ _________________________ _
to be located at 6056 N Telegraph Rd, Dearborn Heights, Ml48127, Wayne County
and the following permit, if applied for:
D Banquet Facility Permit Address of Banquet Facility:
It is the consensus of this body that it __ /..:.~--'-'-p_·· '-C'-'Q,.I.Lmu."'i1'.1~Le"-n.!..Lr:"')~!?::.. ________ this application be considered for
(recommends/does not recommend)
approval by the Michigan Liquor Control Commission.
If disapproved, the reasons for disapproval are
Vote
Yeas: 8 Nays: __ _
Absent: --1--
1 hereby certify that the foregoing is true and is a complete copy of the resolution offered and adopted by the b'cf\b:)fl lte~ghts council/board at a ~12~\,\.\u.f' meeting held on ) 0--10 .. /.3 (township, city. village)
--~~~~------------- -~~~~~----(regular or speCial) (date)
Name and title of authorized clerk (please print):
Signature of authorized clerk and date:
Phone number and e-mail of authorized officer:
Under Article IV, Section 40, of the Constitution of Michigan (1963), the Commission shall exercise complete control of the alcoholic beverage traffic within this state, including the retail sales-thereof, subject to statutory limitations. Further, the Commission shall have the sole right, power, and duty to control the alcoholic beverage traffic and traffic in other alcoholic liquor within this state, including the licensure of businesses and individuals.
LC-1305(4/13) LARA is an equal opportunity employer/program.Auxiliary aids, services and other reasor1<1ble accommodations are available upon request to individuals with disabilities.
PLANNING COMMISSION CITY OF DEARBORN HEIGHTS, MICHIGAN
NOTICE OF PUBLIC HEARING
Pursuant to Michigan Public Act 110 of2006, as amended (the Michigan Zoning Enabling Act), notice is hereby given that the Dearborn Heights Planning Commission will hold a public hearing:
DATE: Thursday, October 10,2013 at 6:00pm
LOCATION: Council Chambers, Dearborn Heights City Hall, 6045 Fenton, Dearborn Heights, Michigan 48127
The public hearing will be held to consider the following:
1. Special Land Use and Site Plan Review #13-12, 6056 N. Telegraph - Requesting to construct a distillery with a tasting room. (Rusted Crow Distillery)
2. Site Plan Review #13-13, 4503 S. Telegraph- Requesting to move existing sign at 4055 S. Telegraph to 4503 S. Telegraph with a 30'front setback.
3. Site Plan Review #13-14, 6858 N. Telegraph- Requesting to move existing sign at 6850 N. Telegraph to 6858 N. Telegraph with a 30' front setback.
All documents related to the hearing are available for review at the Dearborn Heights City Hall during regular business hours.
All interested parties are welcome to attend the public hearing and present their comments. Written comments concerning the proposal may be submitted to the City Clerk at the address listed above, prior to the Public Hearing.
Persons needing special accommodations to attend should contact the City Clerk.
Rick Coogan, Chairperson
City of Dearborn Heights Planning Commission
Publication Date: September 25, 2013
?c"b\1ohed ir, ·+~ ~,O.it(e_
D\
()_TY Op
Planning C01nmission '-
ro NEICiHBORIJOOD OWNER OR PARTY IN INTEREST IMPORTANT' TAKE HEED'
THIS CONCERNS YOUR NEIGHBORHOOD
NOTICE IS 1-IEREWJTH GIVEN THAT'
Rusted Crow Distillery 6056 N. Telegraph Dearborn Heights, MI 48127
RE: 6056 N. Telegraph
CASE #13-12 has made an appeal to the Planning Commission to obtain a special land usc, and site plan review for the following: construct a distillery with a tasting room.
ON THURSDAY, OCTOBER 10,2013, AT 6:00PM A PUBLIC HEARING will be held on this appeal in the Dearborn Heights City Hall Council Chambers at 6045 Fenton Avenue, Southwest Corner of George and Fenton. From the main parking lot entrance, follow the hallway to the rear of the building. Turn right at the display window and follow that hallway to the door on the left into the Council Chambers. Additional parking is available on the west side of the library on George Street.
This notice is for the pw:pose of giving you and eve1y other neighbor in interest, the opportunity to appear at this hearing and express your opinion in support of, or in opposition to this appeal. You may appear in person or authorize anyone else to represent you, or you may express your views in writing but the letter must be signed and received by this board before the date of the hearing.
!f you deem it of sufficient importance, please notify others in your neighborhood. If you are not an owner in interest, please see that this notice reaches some interested owner.
Respectfully,
Rick Coogan, Chairperson Planning Commission For Building Department inquiries, please call 313-791-3470, Fax: 313-791-3471
of Dearborn Heights· 6045 Fenton • Dearborn Heights, Ml 48127
~\?\'0\'<i'.\~\\ E'b
\eet ck QcX"t
/3-5 BUSINESS LICENSE RENEWAL APPLICATION NO.BL-13-ooooo4224
City of Dearborn Heights 6045 FENTON ROAD
DEARBORN HEIGHTS, Ml48127 313-791-3400
THE FOLLOWING LICENSE(S): ARCADE 100.00 CABARET C-COUNCIL APPROVAL JUKE BOX-MUSICAL DEVICES 10.0 MECHANICAL}\MUSEMENi''DEVI ..
TOTAL
$100.00 $50.00 $10.00
$2so:oo''
$410.00
CURRENT LICENSE EXPIRES
ON: February 14,2014
BUSINESS
TRACTION BAR & GRILL '5990 TELEGRAPH DEARBORN"HEIGHTS, MI 48127
You may renew your license by mail by returning this form prior to the expiration date with your check or money order in the amount indicated above payable to the City of Dearborn Heights. Do not send cash! If you renew more than 7 days late you will be assessed a penalty fee in the amount of 10% of your total license fee.
TRACTION BAR & GRILL -~ / /1_ ,._/J/:7 r ~IRCER1g) ##7/ ,?77;1~ 599 N TELEGRAPH DEARBORN HEIGHTS, Ml 48125
Ci Clerk
APPROVED FOR AGENDA OF
CITY OF DEARBORN HEIGHTS 6045 FENTON
DE;<RBORN HEIGHTS, M! 48!27
rhone ' 313-791-3410
'I 'Rece-ived From:
Date: 02/18/2014 Time: 9:27:05 AN Posting Date: 02/18/201'! Rece i pl: 398115 Cashier: jweekly
HEM REFERENCE
BL BUSINESS LICENSING rll@005B33
TOTAL
CASH COMER!CA CHECI\5 Total Tendered:
AMOUNT
1410.0@
1410.00
1190.00 ~220.00
1410.00
10.00
license Type: BUSINESS LICENSE
:8 l 8 2014
\ t¥ {027 J . . ... . . ... ·····'-···
TREASURER
Application Date: 02/18/2014
Expiration Dale: 02/14/2015
Amounu $100.00
$50.00
$10.00
$250.00
BUSINESS LICENSE RENEWAL APPLICATION NO.BL-13-ooooo4315
City of Dearborn Heights
THE FOLLOWING LICENSE(S):
6045 FENTON ROAD
DEARBORN HEIGHTS, MI 48127 313~791~3400
AUTO NEW/USED COUNCIL APPRO $65.00 BUSINESS
FIRST MUTUAL AUTO
CURRENT LICENSE EXPIRES
ON:
TOTAL
April30, 2014
$65.00
68'88 N TELEGRAPH DEARBORtlHEIGHTS, Ml 48127
You may renew your license by mail by returning this form prior to the expiration date with your check or money order in the amount indicated above payable to the City of Dearborn Heights. Do not send cash! If you renew more than 7 days late you will be assessed a penalty fee in the amount of 10% of your total license fee.
FIRST MUTUAL AUTO
6888 N TELEGRAPH DEARBORN HEIGHTS, Ml 48127
Ci Clerk
CITY OF DEARBGPN HEIGHTS 6045 FENTON DEARBORN HEIGHTS, Ml 48127 Phone : 313-791-3410
Receive-d From: Date: 02il9/20!4 Time: 12:52:54 PM Posting Date: 02/l.9/2014 Receipt: 398714 Cashier·: jnorth
ITEM REFERENCE A~1JUNT
---------------------------------------·-BL BUSINESS LICENSING ~001J51Jh.5
TOTAL
CASH COI'!ERICA TDtal Tendered:
Change~
155 .. 00
155.00
180.00 !80.00
115. 0~i
License Type: BUSINESS LICENSE
•.00
Application Date: 02/19/2014
Billing/Invoice Date:
Total Due:
Penalties and Late Charges will be applied after:
Expiration Date: 04/30/2015
Amount
$65.00
02/19/2014
$65.00
02/19/2014
1111111111111111111111111111111111
CITY OF DEARBORN HEIGHTS N£W BUSINESS LICENSE/REGISTRATION FORM
PLEASE PRINT- THIS FORM MUST BE COMPLETELY FILLED OUT.
li'j ;/; , ;1 ,,;. //1 /'//
Date of Application
(A) {tJ ;r" /u 1 ( ;'l._ze l I A VcM) Name of Business
} ) } l{O iJ,Q c.J 6c!l!rJ /Ltl Address of Business
Dearborn Heights MI
Zip Code
Business Number:()/]) ;YJ[/ 776'7 (C) ________________ __
Name of Partner
Address of Partner
City, State, Zip
Name of Business Owner/ Applicant r]~+7 I ;J,i~t 51,
Address of Owner j Applicant
hf !Jr, /L1 r 1'71'lti City, State, Zip
~/] 1on /)')' Home Number: 2 ) a< I, b U a<
Please check whether you are the owner or occupant of the building
OWNER~,
OCCUPANT D Email address ---------
Please check (~, (B)D or (C)D for mailing purposes (license/renewal)
DESCRIPTION OF BUSINESS ACTIVITY
p~/L 1!21( l~) 'Y/i,q J) J _/'
~/ ~/ <:~
SIGNATURE OF APPLICANT: ~ ~
DRIVERS LICENSE NUMBER: ry:; G )6 tJ~ I tJ ~7( 7<;J{
DATE OF BIRTH:
(for office use only)
TYPE OF LICENSE -LIST EACH
Prcc~cte__
jul~ TOTAL FEE:
FEE
IDD 50 ro +- r 535°0
NUMBER OF TAGS AND TAG NUMBERS (IF APPLICABLE)
13-C
APPROVED FOR AGENDA OF
2·25-14
CITY OF DEARBORN HEIGHTS 6045 FENTON DEARBORN HEIGHTS, Ml 48127
!Phone : 313-791-3410
I ··Received From~
Date: 02/1912014 Time: 8:50:23 A~1
Posting Date: 0211912014 Receipt: 39B55B Cashier: jweekly
HEM REFERENCE
Bl BUSINESS LICENSING 00005842
TOTAL
CHECKS Total Tendered:
Change:
AM(IJNT
!335.00
1335.00
$335.00 $335.00
License Type: BUSINESS LICENSE
Application Date: 02/19/2014
Billing/Invoice Date:
Total Due:
Penalties and Late Charges will be applied after:
Expiration Date: 02/19/2015
Amount
$50.00
$100 00
$10.00
$175.00
02/19/2014
$335.00
02/19/2014
II lllllllllllllllll/llllll/1111111
CITY OF DEARBORN HEIGHTS BUILDING & ENGINEERING DEPT.
6045 FENTON,DEARBORNHTS., MICHIGAN 48127
(313) 791 3470
This Temporary Certificate of Occupancy expires on
Address 25380 VAN BORN
05/01114
02014-011
Issued: 02/19114
Occupant WHISKEY CREEK TAVERN Owner OR Purchaser TAYLGATE HOLDING LLC
Occupant ----------------THIS CERTIFICATE IS NOT ~A~NTY OR GUARANTEE. As of the above date, the premises were
satisfactory for occupancy onjf'Se. AnyviO'iations found under-established inspection procedures have been corrected. It is und~fl~ood that the ~uilding Department is not responsible for defects not
ascertairiable under inspection procedure.
CLERK MGAVIN
This inspection of the land use, plat use, exterior posture and int~}ior:accessories of the structure is liinityd tq vi~!Jal inspection only.
1 A certificafeSQf •mrr:oyai is not a
warrarlty or guarante6- t~a,t ~-~~9,:_-ar~po-.cte~ects in the structure no!- sfiall _t?e City be held re$ponsible_for .defects in.ftn_e ~i~pectiop:repo~: This inspection d'9es:not c~;,tify
that-the str\l;cture iU qu_estion is not i~ vip1atiO_rt-of othCf code requinnents riot {)!~~-bntly br~tJ:gh_t to-meattention ofthe Building DemUtinerttl>\\~~anties ifdesired-ar~-"~Jifivate
>-"''_,__ "" matter between the selle~_and-pur¢haser. "' ___ -
Director or Building Official, Building & Engineering Department