ORDINANCE
Motion/Request:
title
MOTION set a Hybrid (In-Person & Video Conference) Public Hearing date on October 23, 2024 at 6:30 p.m. to be held in the Council Chambers, 741 Colonel Ledyard Highway, to receive comments and recommendations regarding proposed Amendments to Ordinance #100-015 (rev.1) “An Ordinance Establishing a Permanent Municipal Building Committee for the Town of Ledyard” as presented in the draft dated September 11, 2024.
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Background:
in accordance with Chapter III; Section 5 of the Town Charter that “……one public hearing shall be held by the Town Council before any ordinance shall be passed
Department Comment/Recommendation:
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Mayor Comment/Recommendation:
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Body:
DRAFT September 11, 2024. Ordinance # 100-015 (rev.1)
AN ORDINANCE ESTABLISHING
A PERMANENT MUNICIPAL BUILDING COMMITTEE
FOR THE TOWN OF LEDYARD
Be it ordained by the Town Council of the Town of Ledyard
Section 1. Authority
Pursuant to Chapter IV, Section 7 of the Town Charter, a Permanent Municipal Building Committee is hereby established.
Section 2. Purpose
The Permanent Municipal Building Committee shall have continued responsibility for the execution of major select construction and maintenance projects for the Town of Ledyard as assigned by the Town Council. The Permanent Municipal Building Committee will oversee and supervise the design, construction, renovation, demolition and removal of Town and Board of Education buildings that fall within the approved budget, as well as any significant installation, renovation or upgrade of service equipment and major systems as provided herein.
The Permanent Municipal Building Committee may have responsibility for the execution of buildings or infrastructure projects associated with the provisions of water and/or sewer, if deemed appropriate by the Town Council.
For projects whose total project cost is estimated to exceed $500,000, an Owner’s Representative and/or Consulting Engineer shall be hired through a quality-based selection process to assist the Permanent Municipal Building Committee with management and oversight of such project(s). The Owner’s Representative or Consulting Engineer shall not have authority to make decisions, approvals, or otherwise act on behalf of the Permanent Building Committee unless specifically designated to do so by contract. The Owner’s Representative or Consulting Engineer shall be required to have the requisite experience, knowledge, qualifications, personnel and capacity necessary to manage such a project.
The selection of an Owner’s Representative or Consulting Engineer shall be publicly advertised through a Request for Proposal to solicit proposals from interested parties. The Request for Proposal shall provide a clear scope of services that specifies the roles and responsibilities of the Owner’s Representative or Consulting Engineer. Where possible, it shall clearly specify the level of oversight during construction so that proposals from multiple firms can be clearly leveled during the evaluation process.
The selection of the Owner’s Representative or Consulting Engineer shall be awarded to the firm that provides the best value to the Town of Ledyard. The best value is defined as the firm providing the highest quality, expertise, and knowledge for the proposed project. This shall also include the quality of referrals from a minimum of three references provided by the proposers. It shall also consider the fee for the work; however, the fee shall not be the sole basis for award.
When a project involves the purchase of replacement equipment costing more than $500,000, a waiver to bypass the solicitation of bids for the engagement of an Owner’s Representative or Consulting Engineer may be approved by the Town Council; as requested by the Permanent Municipal Building Committee prior to purchase and installation of the equipment.
The Permanent Municipal Building Committee shall comply with provisions provided in Ordinance 200-001 (rev.1) (An Ordinance for Purchasing) with regard to the competitive bid process; and shall interview a minimum of two firms prior to selection. Should only one firm be determined qualified to perform such work, the Permanent Municipal Building Committee may request a waiver for such a requirement should the firm’s proposal be reasonable for the proposed scope of work.
The Permanent Municipal Building Committee shall make a written recommendation to the Town Council for the award of such services. The recommendation shall include a summary of proposers, a weighed ranking sheet for the selection, and reasons why the Permanent Municipal Building Committee is recommending such a firm. The final decision of award will lie with the Town Council. The Town Council possesses the authority to reject the recommendation and refer it back to the Permanent Municipal Building Committee for further action relative to making another recommendation for the award of such services in the best interest of the Town of Ledyard.
Where external funding sources are used to fund the project, such requirements of the funding authority shall apply to the selection process as well. Where conflicts occur between this ordinance and the funding authority’s requirements, the most stringent requirement(s) shall be applicable as determined by Mayor or their designee.
The Requests for Proposals for Owner’s Representatives or Consulting Engineers is subject to review by the Town Director of Finance. The Director of Finance is responsible for ensuring that all required local and state purchasing requirements are met and that all insurance requirements are included in the Request for Proposal.
From time to time, the Permanent Municipal Building Committee may be asked to undertake certain studies or projects by the Town Council. In case of multiple projects, the Town Council may form a separate building committee for a particular project.
Section 3. Membership
The Permanent Municipal Building Committee shall consist of the following members appointed by the Town Council:
Regular Members: Five (5). These members, to the extent possible, shall include those with experience in finance, engineering, architecture, project management, or the building trades. They shall be appointed by the Town Council for a term of three (3) years.
Temporary Members: For each municipal project, up to two (2) temporary members who are a member or representative of the Proposing Body shall be appointed by the Town Council.
For Board of Education projects, at least one of their two temporary members shall be the a Board of Education Chairman or their designee member. Board of Education Temporary Members shall be appointed by the Town Council.
Temporary Members shall serve for the term of the project they have been appointed for.
Temporary members shall have the right to vote on the activities of the Permanent Municipal Building Committee only with respect to the particular project for which such members were appointed.
Ex-Officio Members: The Town Finance Director, Public Works Director, Board of Education Business Manager and/or his designee, Board of Education Director of Facilities and Grounds, Town Engineering Technician, Town Planner and the Permanent Municipal Building Committee’s Town Council Liaison shall be non-voting ex-officio members.
Quorum: A quorum shall consist of a majority of Regular voting members.
Section 4. Terms of appointment
Regular members shall be appointed by the Town Council for a term of three (3) years. Members shall commence to serve their terms immediately upon appointment and shall serve until their successor has qualified or they have been reappointed or removed by the Town Council.
Any vacancy in the Permanent Municipal Building Committee other than by expiration of term shall be filled for the unexpired portion of the term by the Town Council. The Town Council may remove members for cause and fill the vacancy per Chapter IV, Section 6 of the Town Charter.
Cause for removal shall include, but is not limited to, unexcused absence from three (3) consecutive regular meetings and any intervening duly called special meeting.
Any member of the Permanent Municipal Building Committee who is absent from three (3) consecutive regular meetings and any intervening duly called special meetings shall be considered to have resigned from the Permanent Municipal Building Committee. The vacancy shall be filled as herein before provided. Additionally, the Permanent Municipal Building Committee may vote to waive the requirements of this section in each case where illness or other extenuating circumstances make it impossible for a member to meet the attendance requirements of this action.
It shall be the responsibility of the Chairman of the Permanent Municipal Building Committee to notify the Town Council when a member has not properly performed his duties.
Annually, the regular members of the Permanent Municipal Building Committee shall elect a Chairman, Vice Chairman and Secretary. Any vacancy in any such office shall be filled by the Permanent Municipal Building Committee from its regular membership.
Section 5. Powers and Duties
The Permanent Municipal Building Committee is authorized to develop design plans and drawings for municipal building projects directed by the Town Council, primarily in accordance with the Town’s Capital Improvements Projects List.
The Permanent Municipal Building Committee is authorized to recommend to the Mayor to retain the services of architects and/or engineers for the purpose of planning, designing, building and administrating major capital projects. The process shall utilize a quality-based selection similar to that outlined in Section 2 for the Owner’s Representative or Consulting Engineer. Such selection shall be based on experience, knowledge, capacity and expertise as well as the fee for performing such work.
The Permanent Municipal Building Committee is authorized to interview architects and/or engineers for the purpose of planning, designing, building and completing municipal building projects, and based on said interviews and cost estimates, to hire suitable candidates. When an Owner’s Representative is required for the project, the Permanent Building Committee shall provide a recommendation for the hiring of an Owner’s Representative prior to selecting the architect and/or engineer, so that the Owner’s Representative may assist with the development of the Request for Proposal, the selection process, project control budgets, project schedules, contracts and other material necessary to properly solicit comprehensive proposals by interested firms.
The Permanent Municipal Building Committee is authorized to develop schedules and cost estimates budgets for municipal building projects. However, when an Owner’s Representative is required, the Owner’s Representative shall be responsible for drafting such schedules and budgets; and shall be approved by the Permanent Municipal Building Committee. The Owner’s Representative shall also be responsible for developing a project cash flow projection for review by the Town Director of Finance, as approved by the Permanent Municipal Building Committee.
The Permanent Municipal Building Committee is authorized to recommend to the Mayor the execution of municipal building project contracts as may be approved by the Town Council.
The Permanent Municipal Building Committee shall have authority over all change order requests. The Permanent Municipal Building Committee shall also coordinate all applications for grants and other financial assistance documents except for school construction grants through the Department of Education. Such grant applications are the responsibility of the Superintendent of Schools and the Board of Education. The Permanent Municipal Building Committee shall submit change orders and grants/financial assistance documentation to the appropriate authority in a timely manner and with timely notification to the Town Council. The Town Council is the authority to modify or change the scope of the project.
The Permanent Municipal Building Committee shall at least quarterly report its activity to the Town Council and to the Proposing Body, if applicable; and shall submit a final report upon completion of each project. The Permanent Municipal Building Committee is also authorized to conduct periodic reviews and audits of the physical condition of all municipal and school buildings and grounds, including service equipment and major systems and make recommendations to the Town Council for inclusion into the Town’s Capital Improvements Projects List and should work with the Mayor’s Office and the appropriate boards and commissions and agencies.
It is understood that the agencies assigned responsibility for specific buildings, grounds, capital, and facilities shall assess, prioritize, seek funding and actively support administration of projects assigned to the Permanent Municipal Building Committee.
The Permanent Municipal Building Committee shall, with assistance from the Proposing Body ensure that projects are completed, including the close-out of required reports, in a timely manner.
Section 6. Spending Funds
The Permanent Municipal Building Committee may expend such funds as the Town Council, or if required the Town Meeting, may appropriate to carry out its duties as described herein. There shall be no intermingling of funding between projects.
Section 7. Definitions:
For the purpose of this Ordinance, the following definitions shall apply:
1) “Major maintenance” shall include capital building/improvement projects and projects
that are capital in nature; that is, having a useful life of five or more years.
“Major maintenance” shall not include routine maintenance and upkeep of a building or other structures, or its service equipment, which is performed on a regular basis.
2) “Service equipment and major systems” shall include boilers, elevators, generators, HVAC systems, septic systems, fire alarms, electrical service including wiring and fixtures, major plumbing service, building skin (roofs, gutters, masonry, windows, exterior paint, floor covering, etc.) It shall not include information system technology (computers and computer systems).
3). “Proposing Body” means the Town of Ledyard appointed or elected board or commission sponsoring or requesting a construction or major maintenance project or for a project initiated by the Permanent Building Committee itself, the board or commission whose facility would be the recipient thereof.
Section 7. Severability
If any provision of this Ordinance shall be held invalid by a court having competent jurisdiction, such invalidity shall not affect any of the other provisions of this Ordinance that can be given effect without the invalid provision and for this purpose the provisions of the Ordinance are hereby declared severable.
Section 8. Effective Date
In accordance with the Town Charter this ordinance shall become effective on the twenty-first (21st) day after such publication following its final passage.
Amended, Adopted and Renumbered by the Ledyard Town Council on: __________
_________________________
S. Naomi Rodriguez, Chairman
Approved/Disapproved on:________ __________________________
Fred B. Allyn, III, Mayor
Published on:
Effective Date: _________________________
Patricia A. Riley, Town Clerk
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Revisions: Ordinance #119 “An Ordinance Establishing a Permanent Municipal Building Committee for the Town of Ledyard” Adopted March 26, 2008; Ordinance #138 “An Ordinance Amending an Ordinance Establishing a Permanent Municipal Building Committee for the Town of Ledyard: Adopted June 24, 2015; Effective: July 31, 2015; Ordinance renumbered from Ordinance #138 to Ordinance #100-015 as part of the Town Council’s 2017-2019 Ordinance Update Initiative; September 25, 2019.
History:
The Twenty-fourth Town Council (2017- 2019) Ordinance Update Initiative: Renumbered Ordinance #138 to Ordinance #100-015.
2015: Removed the project threshold of $25,000 requiring all capital building/improvement projects and projects that are capital in nature; that is, having a useful life of five or more years be assigned to the Permanent Municipal Building Committee.
2019: Title - Removed “Ordinance Amending” - Per Town Attorney not required. Section 4 added language regarding members attendance relative to resignation/replacement. Removed Section 9 “Cancellation” - Per Town Attorney the “Cancellation Section” was not needed. The “Revisions” and “History” paragraph indicates that the previous ordinance has been updated and replaced. Added new Section 9 “Effective Date” to be consistent with Town Ordinance format
2024:
Section 2 “Purpose” Paragraph 1 replaced the word major with “select” and
Added Paragraphs 2 - 6.
Section 3: “Membership” Added: Public Works Director, Board of Education Director of Facilities and Grounds. Also, the following language was added for clarification: “Board of Education Temporary Members shall be appointed by the Town Council”.
Section 5 “Powers and Duties”:
Paragraph 2- The following language was replaced: The Permanent Municipal Building Committee is authorized to interview architects and/or engineers for the purpose of planning, designing, building and completing municipal building projects, and based on said interviews and cost estimates, to hire suitable candidates. “ When an Owner’s Representative is required for the project, the Permanent Building Committee shall provide a recommendation for the hiring of an Owner’s Representative prior to selecting the architect and/or engineer so that the Owner’s Representative may assist with the development of the Request for Proposal, the selection process, project control budgets, project schedules, contracts and other material necessary to properly solicit comprehensive proposals by interested firms”.
Paragraph 3: Replaced: cost estimates with “budgets” Also added: “However, when an Owner’s Representative is required, the Owner’s Representative shall be responsible for drafting such schedules and budgets. The Owner’s Representative shall also be responsible for developing a project cash flow projection for review by the Town Director of Finance
NEW Paragraph 4
Paragraph 5 Added the following language: except for school construction grants through the Department of Education. Such grant applications are the responsibility of the Superintendent of Schools and the Board of Education.