March 15, 2016 Regular Meeting - City of Dearborn

REGULAR MEETING OF THE COUNCIL

OF THE

CITY OF DEARBORN

March 15, 2016

The Council convened at 7:34 P.M., President

of the Council Susan Dabaja presiding. Present at roll

call were Councilmembers Abraham, Bazzy, O'Donnell,

Sareini, Shooshanian, Tafelski and President of the Council

Dabaja; absent, none. A quorum being present, the Council

was declared in session.

The Reverend Mitch Yudasz from Christ

Episcopal Church delivered the invocation.

By Tafelski supported by Shooshanian.

3-109-16. RESOLVED: That the minutes of the previous

regular meeting of February 25, 2016, and the same are

hereby approved as recorded and published.

The resolution was unanimously adopted.

By Tafelski supported by O’Donnell.

3-110-16. RESOLVED: That Ordinance No. 16-1524 be

taken from the table and placed upon its final reading.


The Clerk then read Ordinance No. 16-1524

entitled, “An Ordinance to amend the Zoning Ordinance of

The City of Dearborn by Amending Article 18.00, Section

18.02 Entitled ‘Permitted Uses and Structures’.”

The President of the Council announced that

this was the final reading of the Ordinance.

The President of the Council then put the

question, "Shall this Ordinance pass?"

3-110-16. Upon roll call the Ordinance was unanimously

adopted.

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By Shooshanian supported by Tafelski.






The City of Dearborn by Amending Article 19.00, Sections

19.01, 19.02, and 19.03 Entitled ‘Statement of Purpose’,

‘Permitted Uses and Structures’ and ‘Development

Standards’.”






adopted.

By Tafelski supported by Sareini.






The City of Dearborn by Amending Article 29.00, Section

29.02 Entitled ‘Schedule of Regulations.”






adopted.

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By Shooshanian supported by Sareini.





entitled, "An Ordinance to Amend the Traffic and Motor

Vehicle Chapter (Chapter 18) of the Code of the City of

Dearborn by Amending Section 18-356, Entitled ‘All Night

Parking of Commercial Vehicles Prohibited’.”






adopted.

Councilmember Tafelski introduced Ordinance

No. 16-1530, entitled, "An Ordinance to Amend Section 9.02

of Ordinance No. 06-1111 of the City of Dearborn" by

rezoning the properties located at 2401 South Gulley Road,

2727 South Gulley Road, 2901 South Gulley Road, 25245

Oxford Street and 25235 Oxford Street from an Industrial A

(Light Industrial District) to an Industrial B (Medium

Industrial District) zoning classification.

The Clerk read the Ordinance by title.


this was the first reading of the Ordinance.

By Sareini supported by O’Donnell.

3-114-16. RESOLVED: That proposed Ordinance No. 16-

1530 be laid on the table.


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Councilmember Tafelski introduced Ordinance

No. 16-1531, entitled, “An Ordinance to amend the Zoning

Ordinance of The City of Dearborn by Amending Article 7.00,

Section 7.02 Entitled ‘Site Development Standards for

Nonresidential Uses’.”




By Shooshanian supported by O’Donnell.




Councilmember Shooshanian introduced

Ordinance No. 16-1532, entitled, “An Ordinance to Amend

Chapter 15, Article II of the Code of the City of Dearborn

Entitled ‘Park Rules and Regulations’.”








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Councilmember O’Donnell introduced Ordinance

No. 16-1533, entitled, “An Ordinance to Amend the Buildings

and Building Regulations Chapter (Chapter 5) of the Code of

the City of Dearborn by Amending Article IV, Entitled

‘Fences’.”




By Shooshanian supported by Sareini.




Councilmember Shooshanian introduced

Ordinance No. 16-1534, entitled, “An Ordinance to Amend the

Fees for Permits and Inspections Chapter (Chapter 9) of the

Code of the City of Dearborn by Amending Article XII,

Entitled ‘Fences’.”




By O’Donnell supported by Sareini.




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3-119-16. WHEREAS: The construction of an 8” diameter

water main on Appoline and 12” diameter water main on

Hemlock are proposed. The new 8” diameter water main will

be installed over the Great Lakes Water Authority (GLWA’S)

66” diameter water transmission line and new 12” diameter

water main will be installed over 54” and 66” diameter

transmission lines, and

WHEREAS: The GLWA (previously DWSD) has

implemented a new procedure for their utility crossings.

They now require agencies to execute a “Construction

Approval Agreement between Great Lakes Water Authority and

Agency”. Previously, the GLWA’s utility crossings were

handled by executing Easement Encroachment Permits, and

WHEREAS: Attached is an agreement that

needs to be executed. The Engineering Department hereby

requests that the City Council approve this agreement

subject to a review by the Corporation Counsel and

authorize the Mayor to execute this agreement on behalf of

the city; therefore be it

RESOLVED: That the Construction Approval

Agreement between Great Lakes Water Authority (GLWA) and

the City of Dearborn for Asphalt Street Resurfacing and

Water Main Replacement 2016, Phase 1 be and is hereby

approved, subject to a review by Corporation Counsel; be it

further

RESOLVED: That the Mayor be and is hereby

authorized to execute the agreement on behalf of the City;

be it further

RESOLVED: That this resolution be given

immediate effect.


CONSTRUCTION APPROVAL AGREEMENT

CONSTRUCTION APPROVAL AGREEMENT BETWEEN

THE GREAT LAKES WATER AUTHORITY AND

THE CITY OF DEARBORN

GLWA JOB No. GDB-1600

THIS CONSTRUCTION APPROVAL AGREEMENT ("Agreement") is entered into by and between the Great Lakes Water Authority, a Michigan regional water authority ("GLWA"), and the City of Dearbom a Michigan municipal corporation, with offices located at 16901 Michigan Avenue, Suite 19, Dearborn, Michigan 48126-2967 ("Agency").

Recitals

Whereas, the GLWA constructs, operates and maintains water and sewerage facilities ("Facilities") for public purposes throughout the Detroit metropolitan area; and

Whereas, the Agency desires to engage in construction work under, over or in close proximity to GLWA Facilities and this Agreement is necessary to ensure the integrity of said Facilities during the construction; and

Whereas, the Facilities must not be disturbed in any way and GLWA must be capable of maintaining full water and/or sewerage services without interruption during construction; and

Whereas, this Agreement is executed by the owner of the Work (as defined in Section 1.01 herein) that is being constructed, which owner is the governmental agency, private utility or entity that has ownership of the Work during construction; and

Now, therefore, in consideration of the mutual undertakings and benefits to accrue to the parties, the parties agree as follows:

1. Location Of Work

1.01 The Agency, through its Associates, will perform construction work under, over or in close proximity to the Facility described as and located at or near: Appoline SI. at Haggery and at Blesser; Hemlock at Bingham and at Jonathon for the purpose of (the "Work"). For purposes of this Agreement, "Associates" shall be defined as the Agency's personnel, employees, consultants, contractors, subconsultants, subcontractors, agents or any associated entities, their agents and employees.

2. Approval Of Work

2.01 The Agency will perform the Work in accordance with the plans and specifications which have been approved by GLWA, including all special details ("Special Details") mandated by GLWA. The plans, specifications and Special Details must be prepared under the direction of and sealed by a Michigan licensed Professional Engineer qualified in the appropriate discipline. The Special Details are required to be provided by the Agency, unless determined otherwise by GLWA in writing and include, but are not limited to, the following:

(a) Tunnel/Jacking/Boring Shaft Details (b) Soil Boring and Analysis (c) Ground Water Control (d) Support Details for GLWA Facilities (e) Design Computations (f) Required Materials

2.02 The Agency must submit the proposed construction methods and comprehensive shop drawings, including construction procedures and calculations, of the Work to GLWA for review and approval before it may begin the Work. All information and documentation required under this Section must be reviewed and approved by the Agency and its Professional Engineer before being submitted to GLWA for review and approval. The Work cannot begin until the Agency has complied with the requirements of this Section.

2.03 The Agency must provide at least ten business days' written notice of its intent to start the Work to the GLWA Engineering Technician listed in the cover letter accompanying this Agreement. At least three business days prior to starting the Work, the Agency must call GLWA field engineering staff at (313) 267-4857 to confirm the date upon which the Work will begin.

2.04 The Agency shall submit the as-built drawings for the Work to the Great Lakes Water Authority, Field Engineering, 6425 Huber, 1 st Floor, Detroit, Michigan 48211, and Attention: Engineering Technician.

3. Monitoring Of Work

3.01 During the performance of the Work by the Agency, the Work will be monitored by a GLWA field representative who will be present at the Work site solely to protect the interests of GLWA. GLWA will have the authority under this Agreement to suspend the Work if GLWA deems it necessary to do so in order to inspect the Work and the Facilities and/or to protect the integrity of the Facilities. Notwithstanding the presence of GLWA field staff, field management, safety and control remain the sole responsibility of the Agency.

3.02 The Agency agrees to pay to GLWA One thousand dollars ($1,000.00) ( ESTIMATED NUMBER OF DAYS: 2' $500/DAY) for the GLWA field representative monitoring the Work (the "Monitoring Fee"). The Agency shall submit the executed Agreement, along with the required Monitoring Fee to Great Lakes Water Authority, Field Engineering, 6425 Huber, 1st Floor, Detroit, Michigan 48211, and Attention: Manager.

4. Term Of Agreement

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==-- =x .. _~ .

4.01 This Agreement will be effective upon approval by the parties and will terminate upon completion and final acceptance ofthe Work.

5. Insurance

5.01 The Agency must procure and maintain at its sole expense, and cause its Associates to procure and maintain at their sole expense, during the tenm of this Agreement, the following types and amounts of insurance:

(a) Worker's Compensation and Employer's Liability Insurance. Worker's Compensation Insurance that meets Michigan's statutory minimum requirements and Employer's Liability Insurance with the minimum limits of $500,000.00 for each disease, person, and accident.

(b) Commercial General Liability Insurance. Commercial General Liability Insurance {Broad Form Comprehensive} that is written on an occurrence basis, with a minimum combined single limit of $1,000,000.00 for each occurrence of bodily injury and property damage; $2,000,000.00 general aggregate for new work passing over the GLWA asset OR $4,000,000 for new work passing under the GLWA asset; $1 ,000,000.00 personal and advertising injury; and $2,000,000.00 products-completed operations aggregate. Coverage shall also include Premises-Operations, Independent Contractors' Protective, Contractual liability, Personal Injury {with Employment Exclusion deleted}, and Broad Form Property Damage.

i. The policy shall be endorsed to have the General Aggregate apply to the project.

iL The Contractual Liability insurance shall include coverage sufficient to meet the Agency's and its Associates obligations under this Agreement.

iii. Products and Completed Operations shall be maintained for one year after final payment.

iv. Property Damage Liability Insurance shall provide X, C and U coverage.

(c) Automobile Liability Insurance. Automobile Liability Insurance covering all owned, hired, and non-owned vehicles with Michigan No-Fault Coverage plus residual liability coverage with a minimum combined single limit of $1 ,000,000.00 for each occurrence of bodily injury and property damage.

(d) Excess Liability Insurance. Excess Liability Insurance with minimum limits of $2,000,000.00 each occurrence and $2,000,000.00 in the aggregate.

(e) Professional Liability Insurance. Only for those Associates performing design and other architectural or engineering services, Professional Liability Insurance (errors and omiSSions) endorsed to provide contractual liability coverage, with minimum limits of $1,000,000.00 each occurrence and $3,000,000.00 in the aggregate.

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5.02 Except for Workers' Compensation Insurance and Professional Liability Insurance, insurance policies shall include an endorsement naming the "Great lakes Water AuthOrity" as an additional insured and shall state that the insurance is primary and not excess over any insurance already carried by the GlWA and shall provide blanket contractual liability insurance for all written contracts.

5.03 Each policy shall contain cross-liability wording to the effect that, if a claim is made by one insured for which another insured is or may be liable, then the policy shall cover such insured against whom a claim is or may be made in the same manner as if separate policies had been issued to each insured.

5.04 All insurance shall be issued by insurers of recognized responsibility which are licensed by the State of Michigan.

5.05 Certificates of insurance evidencing the coverage required by this Article 5 shall be submitted to GlWA prior to the commencement of the Work and at least fifteen (15) days prior to the expiration dates of expiring policies. In the event the Agency receives notice of any policy cancellation, the Agency shall immediately notify GlWA of said cancellation in writing .

5.06 The Agency and its Associates, as applicable, shall be responsible for payments of all deductibles contained in any insurance required hereunder. The provisions requiring the Agency to carry the insurance required under this Article 5 shall not be construed in any manner as waiving or restricting the liability of the Agency under this Agreement.

6. Indemnity

6.01 The Agency agrees to indemnify, defend, and hold the GLWA harmless against and from any and all liabilities, obligations, damages, penalties, claims, costs, charges, losses and expenses (including, without limitation, fees and expenses for attorneys, expert witnesses and other consultants) that may be imposed upon, incurred by, or asserted against the GlWA or its departments, officers, employees, or agents by reason of any of the following occurring during the term of this Agreement:

(a) Any negligent or tortious act, error, or omission attributable in whole or in part to the Agency or any of its Associates; and

(b) Any failure by the Agency or any of its Associates to perform their obligations, either express or implied, under this Agreement; and

(c) Any and all injury to the person or damage to the property of, or any loss or expense incurred by, an employee of the GlWA which arises out of or pursuant to the Agency's performance or that of its Associates under this Agreement.

6.02 The Agency undertakes and assumes all risk of dangerous conditions when performing the Work. The Agency also agrees to waive and release any claim or liability against the GlWA for personal injury or property damage sustained by the Agency or rts Associates while performing the Work.

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6.03 In the event any action shall be brought against the GLWA by reason of any claim covered under this Article 6, the Agency, upon notice from the GLWA, shall at its sole cost and expense defend the same.

6.04 The Agency agrees that it is the Agency's responsibility and not the responsibility of GLWA to safeguard the property that the Agency or its Associates use while performing the Work. Further, the Agency agrees to hold the GLWA harmless for any loss of such property used by any such person pursuant to the Agency's perfonnance under this Agreement.

6.05 The Agency agrees that it explicitly waives any right it has or may have to immunity under applicable industrial insurance laws with respect to any action against the GLWA and agrees to assume liability for actions brought by its own employees against the GLWA as provided above.

6.06 The indemnification obligation under this Article 6 shall not be limited by any limitation on the amount or type of damages, compensation, or benefits payable under workers' compensation acts or other employee benefit acts.

6.07 The Agency agrees that this Article 6 shall apply to all claims, whether litigated or not, that may occur or arise between the Agency or its Associates and the GLWA and agrees to indemnify, defend and hold the GLWA harmless against any such claims.

6.08 If any GLWA Facility is damaged as a result of any act, error, or omission attributable in whole or in part to the Agency or any of its Associates, the Agency agrees to pay all costs associated with the repair, replacement or relocation of the damaged Facility.

6.09 The Agency hereby waives any claim against the GLWA and agrees not to hold the GLWA liable for any personal injury or property damage incurred by its Associates on this Contract which is not held in a court of competent jurisdiction to be attributable to the gross negligence of an employee of the GLWA acting within the scope of their employment and hereby agrees to hold the GLWA harmless from any such claim by the Agency's Associates.

7. Notices

7.01 All notices, consents, approvals, requests and other communications ("Notices") required or permitted under this Agreement shall be given in writing, mailed by postage prepaid, certified or registered first-class mail, return receipt requested, and addressed as follows:

IftoGLWA:

Great Lakes Water Authority 6425 Huber Avenue, 1st Floor Detroit, Michigan 48211 Attention: Field Services Engineering

If to the Agency:

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Name

Address

Attention: _____________ _

Phone No. _____________ _

7.02 All Notices shall be deemed given on the day of mailing. Either party to this Agreement may change its address for the receipt of Notices at any time by giving notice of the address change to the other party. Any Notice given by a party to this Agreement must be signed by an authorized representative of such party.

8. Miscellaneous

8.01 If any provision of this Agreement or its application to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law.

8.02 This Agreement contains the entire agreement between the parties and all prior negotiations and agreements are merged into this Agreement. Neither party has made any representations except those expressly set forth in this Agreement. The Agency waives any defense it may have to the validity of the execution of this Agreement.

8.03 The rights and remedies set forth in this Agreement are not exclusive and are in addition to any of the rights or remedies provided by law or equity . This Agreement and all actions arising under it shall be governed by, subject to, and construed according to the laws of the State of Michigan.

8.04 There are no third party beneficiaries to this Agreement and this Agreement shall not be construed to benefit any persons other than the GLWA and the Agency.

8.05 If any Associate shall take any action that, if done by the Agency, would constitute a breach of this Agreement, the same shall be deemed a breach by the Agency.

8.06 No party shall be deemed to have waived any of its rights under this Agreement unless such waiver is in writing and signed by the party. A waiver on anyone occasion shall not be construed as a waiver of any right on any future occasion. No failure by the GLWA to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right, term or remedy consequent upon its breach shall constitute a waiver of such covenant, agreement, term, condition, or breach.

8.07 The rights and benems under this Agreement shall inure to the benem of and be binding upon the GLWA, its agents, successors, and assigns.

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8.08 Each party to this Agreement represents and warrants to the other party that it has full right, power and authority to enter into and perform this Agreement; that its execution and delivery of this Agreement have been duly authorized by all necessary action; and that this Agreement constitutes its valid, binding and enforceable obligations.

9. Associates

9.01 Any contract or subcontract executed by the Agency with its Associates for the performance of any of the Work shall contain, at a minimum, the following:

(a) Indemnification, waiver, hold harmless and release provisions in favor of the GLWA no less protective than those set forth in this Agreement; and

(b) Insurance pOlicies Which satisfy the requirements set forth in Article 5 herein, which shall include a requirement that the GLWA be named as an additional insured on all required policies; and

(c) An acknowledgement by the parties to the contract that the GLWA is a third party beneficiary of the indemnification and insurance obligations described in each such contract; and

(d) An acknowledgement by the parties to the contract that the contract shall be subject to all the terms of this Agreement.

9.02 The provisions of this Article 9 shall not be construed in any matter as waiving or restricting the indemnification, obligation, or any other liability of the Agency under this Agreement and the ultimate responsibility and liability of the Agency for the Work.

[Signatures on following page]

[Remainder of page left intentionally blank]

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In Witness Whereof, the GLWA and the Agency, by and through their duly authorized officers and representatives, have executed this Agreement as of the dates of their respective signatures:

By:

Its:

APPROVED BY AGENCY'S GOVERNING BODY ON:

Date

Great Lakes Water Authority:

By: Sue F. McCormick

Its: Chief Executive Officer

Dated: ____________ _

APPROVED AS TO FORM BY GLWA GENERAL COUNSEL:

General Counsel Date

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3-120-16. RESOLVED: That the bid from T & M Asphalt

Paving, Inc. received for Asphalt Paving for Camp Dearborn

Non-Motorized Trail Project (Phase 2 – Main Beach Parking

Lot Reconfiguration / Green Space) is hereby accepted in

the total amount of $92,780, that the Mayor is hereby

authorized to execute a formal contract upon the approval

of the Department of Law; provided however, that all of the

specifications and instructions in the bid have been fully

complied with; be it further

RESOLVED: That a contingency in the amount

of $1,000 is hereby approved to provide for any unforeseen

conditions encountered during the execution of the project;

be it further

RESOLVED: That the Recreation and Parks

Department Director be and is hereby authorized to execute

all change orders or modifications that utilize any

approved contingency funds; be it further

RESOLVED: That this contract shall be

financed from the Facilities Fund, Recreation & Parks, Camp

Dearborn Capital Project Support budget, Project I20709; be

it further

RESOLVED: That the budget shortfall of

$7,450, which includes the contingency amount, will be

reallocated from the Contingency Reserve Project,

Facilities Fund budget, Project J00000 to the Recreation &

Parks, Camp Dearborn Capital Project Support budget,

Project I20709; be it further


immediate effect.


8

By Sareini supported by Shooshanian.

3-121-16. RESOLVED: That all bids received for

Automotive Hoist Replacement at Motor Transport are hereby

rejected except the bid of Kirk’s Automotive, Inc. in an

amount not to exceed $28,552, that the aforementioned bid

is hereby accepted, that the Mayor is hereby authorized to

execute a formal contract upon the approval of the

Department of Law; provided however, that all of the




financed from the Facilities Fund, Capital Project budget,

Project L20870; be it further


immediate effect.


9


3-122-16. RESOLVED: That all bids received for Street

Paving, Curb, Catch Basin, and Sidewalk Replacement - 2016

are hereby rejected except the bid of Zuniga Cement

Construction, Inc. in an amount not to exceed $2,442,690,

that the aforementioned bid is hereby accepted, that the

Mayor is hereby authorized to execute a formal contract

upon the approval of the Department of Law; provided

however, that all of the specifications and instructions in

the bid have been fully complied with; be it further

RESOLVED: That this contract has two (2)

one-year renewals at the same unit prices upon the mutual

agreements between the City and Contractor; be it further


financed from the Major Street & Trunkline Fund; General

Capital Improvement Fund; Local Street Fund; Sewer Fund;

and Water Fund all under Project Q74012; be it further

RESOLVED: That an additional $20,000 is

hereby approved for concrete work pursuant to demolitions

of both City-owned and non City-owned properties; be it

further

RESOLVED: That the concrete work on City-

owned properties will be financed by the appropriate land

acquisition project in the General Capital Improvement

Fund, Demolition Expense account and the concrete work for

the non City-owned properties will be financed by the

Property Maintenance and Development Services Department,

Building Demolition Services account in the General Fund

and will be billed to the property owner; be it further


immediate effect.


10


3-123-16. RESOLVED: That all bids received for CSO

#003 & #005 Storm Sewer Separation, Phase II are hereby

rejected except the bid of Pamar Enterprises, Inc. in an

amount not to exceed $4,884,215.95, that the aforementioned

bid is hereby accepted, that the Mayor is hereby authorized

to execute a formal contract upon the approval of the




RESOLVED: That a contingency in the amount

of $150,000 is hereby approved to provide for any

unforeseen conditions encountered during the execution of

the project; be it further

RESOLVED: That the City Engineer be and is

hereby authorized to execute all change orders or

modifications that utilize any approved contingency funds;

be it further


financed from the Sewer Fund – CSO budget, and the Water

Fund budget, Project N95311; be it further


immediate effect.


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3-124-16. WHEREAS: The City is eligible for contract

pricing through the National IPA Contract 141003, which the

City of Tucson, Arizona, acted as the lead for the

solicitation for the purchase of Miscellaneous Hardware

Supplies on an as-needed basis, and

WHEREAS: W. W. Grainger, authorized

distributor, will supply these Hardware Supplies in an

amount not to exceed $100,000 for the duration of the

contract, which expires on December 31, 2019; therefore be

it

RESOLVED: That a purchase order

be awarded to Grainger in the total amount of $100,000 for

Miscellaneous Hardware Supplies on an as-needed basis; be

it further

RESOLVED: That this purchase order shall be

financed from various department budgets on an as-needed

basis. Future funding is contingent upon the adoption of

the respective Fiscal Years budgets; be it further


immediate effect.


12

By Sareini supported by Tafelski.

3-125-16. WHEREAS: The City is eligible for contract

pricing through the City of Rochester Hills cooperative

contract resulting from RFP-RH-13-030 for Replacement Dump

Trucks, and

WHEREAS: Wolverine Truck Sales, will supply

the three replacement Freightliner chassis in an amount not

to exceed $282,190 and Truck and Trailer Specialties will

supply dump bodies, snow plowing equipment, and the

necessary installation services for this equipment in an

amount not to exceed $190,168; therefore be it

RESOLVED: That purchase orders be awarded

to Wolverine Truck Sales in an amount not to exceed

$282,190 and Truck and Trailer Specialties in an amount not

to exceed $190,168 for Replacement Dump Trucks; be it

further

RESOLVED: That these purchase orders shall

be financed from the Fleet and Equipment Replacement,

Highway Division, Capital Equipment budget ($324,000) and

Water Fund, Capital Equipment budget ($148,358); be it

further


immediate effect.


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3-126-16. RESOLVED: That all bids received for Tree

Planting 2016 are hereby rejected except the bid of

Crimboli Nursery in an amount not to exceed $44,457, that

the aforementioned bid is hereby accepted, that the Mayor

is hereby authorized to execute a formal contract upon the

approval of the Department of Law; provided however, that

all of the specifications and instructions in the bid have

been fully complied with; be it further


financed from the General Fund, Public Works, Contractual

Services budget in the amount of $25,375; the Sewer Fund,

Public Works, Construction Services budget, Project N95300,

in the amount of $17,864; and the Water Fund, Public Works,

Construction Services budget, Project N95211, in the amount

of $1,218; be it further


immediate effect.


Councilmember Sareini left the Council

Chambers at 8:06 P.M.

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3-127-16. RESOLVED: That all bids received for a

Replacement Vehicle for the Fire Marshall’s Office are

hereby rejected except the bid of Jorgenson Ford in an

amount not to exceed $72,000, that the aforementioned bid

is hereby accepted, that the Mayor is hereby authorized to

execute a formal contract upon the approval of the





financed from the Fleet Fund, Fire Department, Capital

Equipment budget; be it further


immediate effect.

The resolution was adopted as follows: Yes:

Abraham, Bazzy, Dabaja, O’Donnell, Shooshanian and Tafelski

(6). No: None. Absent: Sareini (1).

Councilmember Sareini returned to Council

Chambers at 8:07 P.M.

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3-128-16. WHEREAS: The City presently has a contract

with Vance Outdoors for Body Armor for the Police

Department, and

WHEREAS: The original contract

specifications allowed for four (4), one-year renewal

options beyond the expiration of the present contract, this

is the first renewal option, and

WHEREAS: Vance Outdoors has offered to

renew the present contract prices through March 6, 2017;

therefore be it

RESOLVED: That the contract for Body Armor

for the Police Department is hereby renewed with Vance

Outdoors through March 6, 2017 in the approximate amount of

$56,232; be it further


financed from the General Fund, Police, Uniforms & Clothing

(for FY16 only) and the Drug Law Enforcement Fund, Police,

Uniforms & Clothing budgets. Future funding is contingent

upon adoption of the Fiscal Year 17 budget; be it further


immediate effect.


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3-129-16. WHEREAS: The City presently has contracts

with Dave's Contracting, Inc., J.R. Mathews, Inc., Louie's

Landscaping, Inc., R & M Contracting Corp., Inc. and The

Greener Side (C.R. 12-653-12) for "As-Needed" Nuisance

Abatement Services, and


specifications allowed for two (2), one-year renewal

options beyond the expiration of the present contract, this

is the first renewal option, and

WHEREAS: Dave's Contracting, Inc., J.R.

Mathews, Inc., Louie's Landscaping, Inc., R & M Contracting

Corp., Inc. and The Greener Side have offered to renew the

present contract prices through December 31, 2016; be it

RESOLVED: That the contract for "As-Needed"

Nuisance Abatement Services is hereby renewed with Dave's

Contracting, Inc., J.R. Mathews, Inc., Louie's Landscaping,

Inc., R & M Contracting Corp., Inc. and The Greener Side

through December 31, 2016 in an amount not to exceed

$62,500; be it further


financed from the General Fund, Property Maintenance and

Development Services Department, Neighborhood Services

Division, Contractual Services budget. Future funding is

pending adoption of Fiscal Year 17 budget; be it further


immediate effect.


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with Johnson Controls (C.R. 1-10-14) for Mechanical Systems

Maintenance and Inspection for Senior Housing Buildings,

and


specifications allow for two (2), one-year renewal options

beyond the expiration of the present contract, this is the

first renewal option, and

WHEREAS: Johnson Controls has offered to

renew the present contract at an allowable 2% increase for

labor only as identified by the CPI Index under Detroit-

Livonia-Dearborn for Trade, Transportation, and Utilities

February 28, 2017; be it

RESOLVED: That the contract for Mechanical

Systems Maintenance and Inspection for Senior Housing

Buildings is hereby renewed with Johnson Controls through

February 28, 2017 in the approximate amount of $60,938.80;

be it further


financed from the Seniors Apartment Operating Fund,

Housing, Repair and Maintenance budget. Fiscal Year 17

funding is dependent upon adoption of the budget; be it

further


immediate effect.


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By Sareini supported by Tafelski.


with Azteca Systems, Inc. and Environmental Systems

Research, Inc. (C.R. 1-13-13) for Computerized Maintenance

Management Systems and Related Database Software, and

WHEREAS: Azteca Systems, Inc. and

Environmental Systems Research, Inc. has offered to renew

the present contract prices through March 31, 2019; be it

RESOLVED: That the contract for

Computerized Maintenance Management Systems and Related

Database Software is hereby renewed with Azteca Systems,

Inc. in an amount not to exceed $165,000 and with

Environmental Systems Research, Inc. in an amount not to

exceed $150,000 through March 31, 2019 in a total amount

not to exceed $315,000; be it further


financed from the Water Fund, Public Works, Professional

Services ($215,000) and the Information Systems Fund, MIS,

Contractual Services ($100,000) budgets. Future funding

being contingent upon adoption of the respective Fiscal

Year Budgets; be it further


immediate effect.


19



with Nickel & Saph (C.R. 3-128-15) to Provide Excess

Workers’ Compensation Coverage, and


specifications allow for four (4), one-year renewal options

beyond the expiration of the present contract, this is the

first renewal option, and

WHEREAS: Nickel & Saph has offered to renew

the contract with a 3% increase from the current contract

pricing through April 6, 2017; be it

RESOLVED: That the contract to Provide

Excess Workers’ Compensation Coverage is hereby renewed

with Nickel & Saph through April 6, 2017 in an amount not

to exceed $58,651; be it further


financed from the Workers’ Compensation Fund, Insurance and

Risk budget; be it further


immediate effect.


20


3-133-16. RESOLVED: That City Council hereby

authorizes the City of Dearborn to enter into an Inter-

Governmental Agreement (IGA) with Wayne County for the

acceptance and recognition of a FY16 Wayne County Parks

Millage Allocation in the amount of $31,627 to assist in

funding the construction of a Splash Pad and restroom

facilities at Whitmore-Bolles Park; be it further

RESOLVED: That City Council hereby

authorizes the Finance Director to appropriate the FY16

Wayne County Parks Millage Allocation in the amount of

$31,627 for expenditures; be it further

RESOLVED: That upon final execution of the

IGA with Wayne County, additional funding in the amount of

$31,627 will be allocated to Project #I51715; be it further


immediate effect.


21


3-134-16. WHEREAS: The CSO Fund has received funds

from the settlement of a legal case associated with CSO

Project N85000 Contract 6; Wade Trim Associates, Inc. and

Neyer, Tiseo & Hindo, Ltd. (NTH). The unanticipated funds

of $119,400 were paid to Dearborn to purchase one new

Vaughan 150 horse power submersible chopper pump from JGM

Valve for $82,950 and to purchase a new soft starter for

the new pump from Service Electric Supply for $36,450. The

Finance Department is requesting that the Finance Director

be authorized to establish a revenue budget in the CSO Fund

Project N85000, and

WHEREAS: The CSO Fund has also received

$16,690.68 for the release permit bond C#44815 for Project

N85000 CSO Contract 7. The Finance Department is also

requesting that the Finance Director be authorized to

establish a revenue budget in the amount of $16,690 CSO

Fund Project N85000; therefore be it

RESOLVED: That the finance Director be and

is hereby authorized to establish a revenue budget and

appropriate the same in the amount of $119,400 as expense

budget in the CSO Fund Project N85000; be it further

RESOLVED: That the Finance Director be and

is hereby authorized to establish a revenue budget in the

amount of $16,690 in the CSO Fund Project N85000; be it

further


immediate effect.


22


3-135-16. WHEREAS: Noor and Salim Salim, owners of

the single-family house located at 9571 Eagle (a corner lot

with a drive and no garage) have requested to purchase 20

ft. of the adjacent City-owned property located at 9557

Eagle so they can combine it with their adjacent lot, and

WHEREAS: They wish to increase their lot

size from 48 ft. to 68 ft. and will combine the two lots

for tax and assessment purposes, and

WHEREAS: The City Assessor valued the 20

ft. portion of property at $1,200, and

WHEREAS: The remaining 60 ft. of 9557 Eagle

will be offered for new construction on a future lot list,

and

WHEREAS: The sale is conditioned on the

following conditions:

1. The lot must be combined with the

Purchasers’ property and may not be

resplit or combined with other land for

a resplitting as two buildable lots.

2. The lot may only be sold or developed

in combination with the Purchasers’

adjacent property.

3. Closing of this transaction must take

place within ninety (90) days of the

effective date of the Dearborn City

Council Resolution which authorizes the

sale of the property; failure to close

within this period shall result in the

Resolution automatically being

rescinded, deposit forfeited, and the

sale declared null and void.

4. The Purchasers accept the property "AS

IS" and assume all responsibility for

soil testing and soil conditions.

23

5. Lots must be combined with the

Purchasers’ adjacent land for tax and

assessment purposes at the closing.

Failure to do so shall result in the

Resolution automatically being

rescinded, deposit forfeited, and the

sale declared null and void.

6. Use of this property for construction

or expansion of any dwelling shall

require the owner to comply with lot

coverage and side yard setbacks of the

Dearborn Zoning Ordinance. Purchasers

are waiving their right to seek any

variances.

7. If Purchasers violate any of the

restrictions imposed, they are

obligated to sell the land back to the

City for $1,200, less 10% and less

costs associated with the transfer of

property back to the City;

therefore be it

RESOLVED: That this Council does hereby

determine to effect the sale at a price of $1,200 to Mr.

and Mrs. Salim the parcel described as:

West 20 ft. of Lot 11, Eagle-Roulo Sub., City of

Dearborn, Wayne County, Michigan, as recorded in

Liber 43, Page 32 of Plats, Wayne County records.

Tax I.D. part of 82-10-211-11-065

Commonly known as part of vacant lot at 9557 Eagle;

be it further

RESOLVED: That the Mayor be and is hereby

authorized to execute a Deed for said property to Salim and

Noor Salim upon delivery to the City of the above purchase

price and full compliance with the conditions outlined

above, subject to adjustments, if any, as shown on the

Closing Statement, prepared by Corporation Counsel and

based upon them closing within ninety (90) days of the

effective date of this Resolution; be it further

24

RESOLVED: That the sale is contingent upon

the above-referenced conditions being satisfied, and upon

the satisfaction of the terms contained in the Offer to

Purchase Real Estate; be it further

RESOLVED: That the Corporation Counsel or

her designee is authorized to execute documents on behalf

of the City of Dearborn to complete this transaction; be it

further

RESOLVED: That the sale of this property as

side yard serves a public purpose by promoting lot

expansion to enhance the neighborhoods and complies with

the public purpose for which the Operation Eyesore Program

is administered; be it further

RESOLVED: That Council Resolution 6-302-14

is rescinded; be it further


immediate effect.


25


3-136-16. WHEREAS: The Purchasing Department issued a

Request for Proposal (RFP) to hire a company to design and

construct a zip line course at Camp Dearborn. No responses

were received. The next attempt was to issue a Request for

Information (RFI) to gain a better understanding of market

conditions and how the City could work with vendors in this

specialized market. Based on the information gathered

during this phase, a Statement of Qualifications (SOQ) was

released in an effort to identify a qualified and

interested company for this project. No responses were

received, and

WHEREAS: Purchasing, on behalf of the

Recreation and Parks Department, requests authorization to

use an alternate procurement method for the zip line

project at Camp Dearborn. The process to be used will be to

enter into negotiations with one or more vendors. Vendors

will be selected for negotiation by using the Association

for Challenge Course Technology (ACCT). This request is

made in accordance with Section 2.568(b)(6)I of the

Purchasing Ordinance entitled “Exceptions to Competition –

Other”; therefore be it

RESOLVED: That the Purchasing Department be

and is hereby authorized to use an Alternate Procurement

Method for the Zip Line program at Camp Dearborn by using

the Association for Challenge Course Technology (ACCT).


26


3-137-16. WHEREAS: On December 18, 1991, the City

executed a Seismic Program and Lease Option Agreement (as

authorized by CR 12-777-91) with Jet Exploration, Inc., a

Michigan Corporation whose principal place of business is

in Traverse City, Michigan, and

WHEREAS: The Agreement allowed Jet

Exploration Inc. the exclusive right to run seismic profile

lines for a period of up to one year to determine whether

to exercise its option to lease a portion of Camp Dearborn

for oil and gas drilling purposes. The Lease provided

royalties to the City equal to 25% of the gross proceeds,

measured at the well head (to avoid transportation costs

being deducted from the City’s share) and a lease bonus of

$93,600 (representing $150/acre for 624 acres at Camp

Dearborn), and

WHEREAS: Jet Exploration Inc. obtained

favorable seismic results and exercised its lease option.

The Oil and Gas Lease was executed on June 26, 1992, and

WHEREAS: Since the lease was executed, the

City has received approximately $2 million in revenue. The

monthly payments to the City typically ranged from $8,000 –

$20,000 per month until the wells were shut in by Jet

Exploration at the end of March 2015, and

WHEREAS: The letter from Energy Quest Inc.

indicates wells were shut-in “due to very marginal

production rates resulting in the wells becoming

uneconomic.” The lease provides for a nominal shut-in

royalty of $1/acre payable one year after the anniversary

of the completion and testing of each shut-in well. There

are 400 acres in the production unit that includes a

portion of the Camp Dearborn, and

WHEREAS: According to the letter from

Energy Quest, Savoy Energy, L.P. believes there is a

probability that the wells are still economically viable.

Accordingly, they have requested that the City approve an

assignment of the lease from Jet Exploration Inc.;

therefore be it

27

RESOLVED: That the requested transfer from

Jet Exploration Inc. to Savoy Energy, L.P. be approved so

long as Savoy Energy, L.P. assumes the lease under the same

terms and conditions, with the addition of a provision

concerning Camp Dearborn beautification that is yet to be

negotiated; be it further


immediate effect.



3-138-16. RESOLVED: That the Friends for the Dearborn

Animal Shelter be and they are hereby granted permission to

conduct the Eleventh Annual Mutt Strut and Pet Expo on

Saturday, May 14, 2016 from approximately 9:00 A.M. to 3:00

P.M., subject to all applicable ordinances and the rules

and regulations of the Police Department; be it further

RESOLVED: That the Mutt Strut routes are

attached and that all participants in the events shall be

restricted to utilizing the sidewalks only, and no portion

of the roadways designated within the dog walk route and

must make lawful and proper use of all traffic signals and

signs in a manner so as not to interfere with any vehicular

or pedestrian traffic; be it further

RESOLVED: That City Council hereby approves

the installation of street light pole banners (along

Michigan Avenue between Brady and Military Streets) and

temporary lawn signs/balloons (along Garrison between Brady

and Haigh Streets); waives all ECD permitting fees (tents,

electrical and sidewalk/temporary sales, etc.) for all

merchandise/food vendors; and authorizes assistance and use

of materials from the following departments: Recreation &

Parks, Public Works, Police, Fire and Economic & Community

Development; be it further


immediate effect.


Mutt Strut & Pet Expo 2016 Saturday, May 14

Proposed Site Layout at Ford Field • 20'x40' Registration Tent + 1 0'x1 0'

. money tent Dog Games Area 4 @40'x60' fenoed +

• 20'x40' Featured Tent: Health or other ru 110x10 fenoed

7 . 4 10'x10' Demo Tents

• 10 x 10 First Aid + Pitty Kissing Booth • Bleachers

• 10'x10' Infonmation Tent • Michigan Disc Dogs 100'x50' OR 30x60

• 20'x40' FFDAS Celebration Zone Tent • MainStage

6A Kg Fun Run: Doggie Dash 150'x150' • 20'x40' Yelp Tent: Hound Lounge

66 20'x40' Eating Area + Food Truck Area 3 10'x10' Exhibitor Tents/Booths

Generator

t

Close first 2. rows of park· ~~~Xhibitor vehicles

Car icons: Fairlane Ford + Food Trucks

7

7 •

7 _.-

~ E E

EE~

E

EE E E

E E E E

E ,,'E E .... E·

~

6A

~ ~<!. 'l)'O '.

~

Food trucks enter from Brady

28


3-139-16. RESOLVED: That City Council authorizes the

Dearborn Exchange Club to host two (2) street collection

drives on Saturday, April 23, 2016 and in conjunction with

the annual “Mutt Strut and Pet Expo” to be held on

Saturday, May 14, 2016 with all funds raised directly

benefitting the Friends For the Dearborn Animal Shelter; be

it further


immediate effect.


By O’Donnell supported by Sareini.

3-140-16. RESOLVED: That the Knights of Columbus be

and they are hereby granted permission to solicit donations

on the streets, sidewalks, and other public areas within

the City of Dearborn for their annual Tootsie Roll Drive to

benefit People with Intellectual Disabilities on March 18

through March 20, 2016, subject to all applicable

ordinances and the rules and regulations of the Police

Department; be it further


immediate effect.

The resolution was unanimously adopted

29

By Sareini supported by Shooshanian.

3-141-16. RESOLVED: That receipts of donations in the

amount of $5,000 from DFCU Financial – Raven level sponsor,

$500 from University of Michigan-Dearborn – Eldorado level

sponsor, $300 from Henry Ford College – Eldorado level

sponsor, and $250 from the Dearborn Public Library

Foundation – Eldorado level sponsor for the Big Read-

Dearborn 2016 are hereby acknowledged and accepted; be it

further

RESOLVED: That City Council hereby extends

its appreciation to the donors for the aforementioned

gifts; be it further


directs the Finance Director to deposit this money into

account #276-5100-365.90-00 (Donations) project Z77622 and

to appropriate the money to Library expenditure account

#276-5100-721.98-00 Project Z77622 to use for expenses

associated with The Big Read-Dearborn 2016.



3-142-16. RESOLVED: That receipt of a donation in the

amount of $450 from Village Ford as sponsor of “An Evening

with Clara” to the Dearborn Historical Museum is hereby

acknowledged and accepted; be it further

RESOLVED: That City Council hereby extends

its appreciation to the donor for the aforementioned gift;

be it further

RESOLVED: That City Council hereby directs

the Finance Director to recognize the donation and

appropriate the monies toward expenditures for the program

in the General Fund Historical Department.


30

By Bazzy supported by Shooshanian.

3-143-16. RESOLVED: That the Dearborn Allied War

Veterans Council be and they are hereby granted permission

to conduct the 92nd Annual Memorial Day Parade on Monday,

May 30, 2016 from 9:00 A.M. to approximately 12:00 P.M. on

Michigan Avenue (from Maple to the new Veterans Park and

War Memorial at Henry Ford Centennial Library, curb to

curb) subject to all applicable ordinances and the rules

and regulations of the Police Department; be it further

RESOLVED: That City Council hereby grants

permission to the Dearborn Allied War Veterans Council to

use the front of the Henry Ford Centennial Library and the

Veterans Park and War Memorial until 2:00 P.M. for the

dedication of the park and the noon remembrance ceremony

and the usual activities associated with Memorial Day

including a roped off area on the west side of the library

to be used for beer sales; be it further

RESOLVED: That City Council hereby grants

permission to the Dearborn Allied War Veterans Council to

close Maple Road from Schaefer Road to Michigan Avenue from

8:00 A.M. to 1:00 P.M. with use of City owned parking lots

on Calhoun, Neckel and Maple Streets for the funeral

procession, and the staging of the school bands; be it

further


authorizes the Dearborn Allied War Veterans Council to

conduct their annual raffle with proceeds directed to help

fund its programs and projects and hereby gives all rights

to public vending to the Dearborn Allied War Veterans

Council and their selected vendors; be it further


immediate effect.


31

By Abraham supported by O’Donnell.

3-144-16. RESOLVED: That the Dearborn Allied War

Veterans Council (DAWVC) be and they are hereby granted

permission to sell poppies on May 5 through May 8 and May

19 through May 22, 2016 throughout the City subject to all

applicable ordinances and the rules and regulations of the

Police Department; be it further


immediate effect.


By Sareini supported unanimously.

3-145-16. WHEREAS: The Mayor and the Council have

learned with sorrow of the passing of Insaf Sabbagh Jawad,

and

WHEREAS: This departure at the dictation of

Divine Providence, constitutes an irreparable loss to the

beloved family and numerous friends and neighbors; be it

RESOLVED: That the Mayor and members of the

Council of the City of Dearborn here assembled, hereby

sincerely extend and offer in this sad hour of bereavement,

heartfelt sympathy and condolence to the family of the

deceased.


32

By Dabaja supported unanimously.

3-146-16. WHEREAS: The Mayor and the Council have

learned with sorrow of the passing of Robert Taub, and

WHEREAS: This departure at the dictation of

Divine Providence, constitutes an irreparable loss to the

beloved family and numerous friends and neighbors; be it

RESOLVED: That the Mayor and members of the

Council of the City of Dearborn here assembled, hereby

sincerely extend and offer in this sad hour of bereavement,

heartfelt sympathy and condolence to the family of the

deceased.


There being no further business, upon a

motion duly made, seconded and adopted, the Council then

adjourned at 8:53 P.M.

APPROVED:

President of the Council

ATTESTED:

Acting City Clerk

Documents

March 15, 2016 Regular Meeting - City of Dearborn