MINUTES OF THE
BAY COUNTY LIBRARY SYSTEM
BOARD OF TRUSTEES
Joint Meeting with Building Authority
December 14, 2005

Ella Jane Martini, Chairperson, called the meeting of the Bay County Library System Board of Trustees to order at 12:05 p.m. on December 14, 2005 in the County Commission Chambers, Bay County Building.

Present: James Davison, Mark Kaplenski and Ella Jane Martini
Howard Wetters arrived at 12:08 p.m.

Excused: Derald Adcock

Building Authority: Richard Bukowski, Don Goulet, Jim Helminiak, John Pflueger, and
Tom Ryder

Others: Kevin Ayala, Stephanie Corona, Steve List, Louis Long, Fred Martini,
Rick Pabalis, Fred Paffhausen, Mark Paulus, Bob Redmond, Beth Rye,
Eileen Schulz, Tom Starkweather, and Deb Stone

MINUTES

Motion by J. Davison, seconded by M. Kaplenski, to approve the minutes from the November 9, 2005 Regular Board meeting. Motion carried.

OPEN TO THE PUBLIC
There was no public input.

LIBRARY IMPROVEMENT PROJECT
Construction Manager, Mark Paulus- Skanska –Monthly report #34 – Mark Paulus presented additional information to the report included in the board packet. On the second floor, 95% of the floor covering has been installed. The bathroom fixtures for this floor have also been installed. On the first floor the acoustical ceiling grid is near completion and it is estimated by the end of next week, the installation of all light fixtures should be completed as well. Delivery of the furniture will begin tomorrow. One of the two elevators was inspected on Monday and is now available for use.

Howard Wetters asked on the status of the insulation at the Auburn Branch Library. M. Paulus responded the work for installing the insulation at the Auburn Branch attic will begin on Monday, December 19. Steve List, Building and Grounds Superintendent and Tom Haag from Skanska, will be meeting representatives from Central Ceiling at Auburn on Monday to begin the work. M. Paulus is optimistic this work will be completed before the holidays. As previously discussed Skanska will bear the cost for this work.

James Davison asked on the status of the Sage Branch Library regarding the cracking that occurred on the front steps. M. Paulus responded that the report included in the packet from Soils and Materials Engineers, Inc. was forwarded onto the Building Authority and to the architects, Fishbeck, Thompson, Carr and Huber, who asked for additional information in order to determine their conclusion of the cracked steps.

Building Authority Trustee, Richard Bukowski, asked if the remainder construction contingency of $38,000 was enough to finish the project. M. Paulus responded he believes it is; and pointed out there is a change order that is waiting for both boards to move forward on, which is an allowance for the testing and balancing. If this is approved, it will increase the contingency by approximately $21,000, leaving approximately $58,000 when the project is concluded, which M. Paulus believes will be adequate to finish the project. M. Paulus stated for clarification the estimated contingency includes the approved change orders as well as the changes before the board today and others that are still being reviewed by representatives from the Library and Building Authority during construction project meetings.

H. Wetters asked about the change order that was previously presented stating there was $170,000 spent on winter conditions, when the budget was only for $60,000, whether this amount has been taken into consideration. M. Paulus confirmed that it has. H. Wetters stated he objects to this cost being included when this cost had not been approved by either board. He has reviewed minutes from past construction project meetings from April, May and June where Stephanie Corona stated that the winter condition costs were at the most $15, 000 - $20,000. He does not believe these costs should be included as they were over what was stated and the additional cost was never approved and believes it to be inappropriate. M. Paulus responded that the construction budget is showing an estimated cost at this time, nowhere near approval; but only stated to show where the budget is to date. H. Wetters also mentioned that in addition there is $36,000 charge for environmental clean up costs that is over a year old. These bills are showing up now at the end of the project to use up any contingency that is left. It was just at a recent construction meeting that nearly $200,000 in bills for monies that was expended as long as a year and half ago, but was never presented to either board. He asked M. Paulus to set these charges aside from any budget submitted to the boards, as neither board is aware of them. M. Paulus agreed to do this for next month’s meeting.

Change Orders – Alice & Jack Wirt Public Library - Change Orders #29, #54, #57, #67, #81, #91, #108, #112 and #126 – S. List explained these change orders fall within the $5,000 limit he is authorized to approve. With the change orders that the architect has omitted detail, they will come back to the board after the first of the year. S. List intends to review all these change orders with the architect for value added and will bring back to a future meeting.

Change Order #97 - $8,053 – S. List explained this change order is for installing a sidewalk along the city owned parking lot on the west side of the building. A thicker slab of cement needs to be installed in order to match up with the rounded curb of the parking lot.

Change Order #101 - $10,479 – S. List explained this work is for the masonry sign at Wirt Library and the cost for the crane to install it. The allowance for the sign was set at $15,000 but with the cost of granite at $7,000, which was approved at last month’s meeting, and in addition to this work, the overall cost is approximately $2,000 over the budgeted amount. He reminded trustees this anticipated installation cost had been discussed at the last joint board meeting.

Change Order #140 - $22,360 – M. Paulus clarified this amount is a net decrease to the Testing and Air Balancing allowance, not to the Construction Contingency as it is listed on the agenda. This was included in the GMP with an allowance of $50,000.

S. List stated that after the first of the year it is his intention to review the 140 plus change orders he has for the Wirt Library and the several that are still pending for the Sage and Pinconning Branch Libraries on value added items. He will be discussing these with FTC&H.

H. Wetters commented that he believes that Skanska may also be part of these discussions as he understands some to be the responsibility of the CM.

James Davison questioned change order #112, to add power supply for boiler control, confirmed this was not in the original plans. S. List confirmed, stating this as an example to be discussed with FTC&H, as a value added cost they would be responsible for. H. Wetters added another example of when it was discovered there was no pump included for the snow melt system at Sage Branch Library. This was a $4,500 cost which after deducting the cost of material and regular labor rate, the architect was responsible for the remaining cost of having to add it to the plans.

S. List also mentioned there is an issue with the smoke dampers at the Wirt Library that will also be discussed with the architects. This is a code requirement and they need to be installed, yet as they were not included in the specifications, they were installed afterward. This resulted in over an $80,000 additional cost to the contingency and will be discussed with FTCH.

Motion by J. Davison, seconded by H. Wetters, to receive change orders #29, 54, 57, 67, 81, 91, 108, 112 and 126. Motion carried.

Motion by H. Wetters, seconded by J. Davison, to approve change orders #97, 101, and 140. Motion carried.

Change Order #93 – Sage Branch Library – M. Paulus explained this is an increase to the Construction Contingency.

Motion by J. Davison, seconded by H. Wetters, to receive change order #93. Motion carried.

CONSTRUCTION INVOICES
H. Wetters asked for an explanation as to why the total amount for invoices, does not agree with the amount being transferred as the project is no longer using any bond proceeds to cover costs. Kevin Ayala explained the total amount for the Construction Invoices not only includes the packet from Skanska but also invoices from FTC&H, costs for technology, furniture and attorney fees.

Motion by J. Davison, seconded by M. Kaplenski, to approve the Construction Invoices, Certificate No. 42 for $584,342.14. Motion carried.

Transfer of monies to the County to pay invoices

Motion by H. Wetters, seconded by J. Davison, to approve the transfer of monies to the County for payment of the construction invoices. Motion carried.



PROJECT FINANCIAL REPORTS

Construction Project Expense Summary
Construction Budget, Estimates and GMP Summary
Capital Campaign Summary Report

Motion by H. Wetters, seconded by J. Davison, to receive the Construction Project Expense Summary; Construction Budget, Estimates and GMP Summary and the Capital Campaign Report. Motion carried.

UNFINISHED BUSINESS
Purchase of Library Statues – H. Wetters referred to the information included in this packet, noting that there are many other types, but what he has included for review are mostly statues of children. In his letter he is proposing the Library set aside approximately $20,000 as a cash match to allow citizens to come forward and basically cost share statues. The idea would be to have some public statues at every branch of the Library, and four at the Wirt Library. He has had calls from people in the community who are willing to spend more on these statues as they are interested in buying larger pieces. He suggested the Library Board could offer to cost share 50% of the cost of a statue, up to $2,000. E. J. Martini clarified the Library Board has not approved having the statues in the Library yet; and if this would be approved, then the board would need to decide on how they would want to designate money for them.

In addition to possibly purchasing statues for the Library, H. Wetters shared the staff has submitted a request for the Children’s room at Wirt Library. As background, H. Wetters explained that the special features for the Children’s section of the Wirt Library had been removed when the board was reviewing the overall plans. He believes that clearly their needs to have some special feature for this area as the project being near completion, it is realized there will be some funds available. Based on that H. Wetters made the following motion:

Motion by H. Wetters, to acknowledge public sculptures to the Library is a valuable one; having art in the Library is something that the board values and that the board would approve on the basis up to $20,000, $2,000 per piece on a 50% basis up to a maximum of $2,000 per piece for statues. Also that statues that people wish to purchase, need to come to the board for review and approval before the Library would release any funds and also to take $20,000 from the construction project contingency at Wirt Library and make it available for exactly the same kind of cost matching for special features at the Children’s area at Wirt Library.

E. J. Martini called three times for a second to the motion.

The motion died for lack of a second.

Mark Kaplenski commented that although he does like the idea of the statues, he is concerned about the Children’s area. He was reluctant to approve any money for statues as there has not been any money allocated for a special feature in the Children’s section of the Library. He added that although it would be helpful to have matching donations for the Children’s area, he does not want to have to wait until money would be donated before purchasing any special features for this area. Both he and E. J. Martini believe it is important to get something planned for the Children’s area before purchasing anything for the outside of the buildings. E. J. Martini believes the concept for the statues is a good one but would like to see it brought back at a later date after Wirt Library is opened and the public can see it first hand. She suggested at a June or July board meeting. M. Kaplenski added that it is his understanding there is no special features planned for the Children’s area and feels it is of utmost importance to accomplish this first, as he is anticipating many children to come to Wirt Library. E. J. Martini asked that the board receive the letter submitted by the Children Librarians which states a request for special features to be added to the Children’s room at Wirt Library. M. Kaplenski is in favor of getting some special features in this area as soon as possible.

H. Wetters commented that anything that is decided now for this area will not be installed by the time the Library opens to the public. He shared the reason they were removed from the plans in the early stages was in an effort to save money

Sage Branch Library Steps – SME report Mark Paulus – This was discussed earlier in the meeting.

Auburn Branch Library Insulation – Mark Paulus – This was discussed earlier in the meeting.

Wirt Library Landscaping – E. J. Martini stated that the ad has been placed in the paper to receive bids for the landscaping work at Wirt Library. She pointed out that the project needs to follow the rules and regulations in regard to the agreement made for the bond issue. H. Wetters pointed out that there will not be any bond money spent on the Landscaping for the Wirt Library; that it is millage money that the board is free to spend anyway they want. He does not want E. J. Martini to represent that the dollars being spent now are bond dollars when they are not. E. J. Martini responded that it is the project’s money, no matter where it has come from. H. Wetters pointed out that it was Bob Redmond who made the decision to issue the bids in the first place. H. Wetters said that he has had calls from local companies interested in doing this work but do not belong to any labor union. E. J. Martini responded they are welcome to bid on it; they would need to follow the County’s ordinance of the Project Labor Agreement and be willing to sign one for the length of the project. H. Wetters said that he believes these companies are willing to pay prevailing wage and open their books, but may not be willing to sign a Prevailing Wage Agreement for this work. The County Ordinance allows both of these; allows a PLA and it allows for the PLA to be paid with independent certification. These are both allowable under the County Ordinance. E. J. Martini responded that any companies who are interested, can address this in their bid. H. Wetters asked if the bid packages were presented in a way that would allow a company to bid, saying they would pay prevailing wage and allow open certification of their books to be accepted as a bid. M. Paulus responded that what was done follows the same language used on previous bids, that the project is covered by a PLA; and that they would have to sign a memorandum of understanding. H. Wetters asked that if a local landscaping company submits a bid stating they would pay prevailing wage and will offer all labor records related to the project to be certified by anyone Skanska or the Building Authority would want certified, would the bid be accepted if the company chose not to sign a PLA. M. Paulus responded that all bids are accepted but they would not be opened unless both documents are signed. H. Wetters concluded they would not be accepted if the contractor would not sign both documents.
H. Wetters pointed out that the landscaping work done at the Auburn Branch Library was done by a contractor who did sign the documents but in his opinion, did substandard work and made poor plant selection. Plants at the Auburn Branch Library died and were not replaced and similar work was done at the Sage Branch Library but there, the landscaping company made restitution. It is his opinion that local landscapers will do a better job; however he does not want to violate the PLA. It makes sense to do what was discussed previously, which was to take the balance of the landscaping allowance out of the project and in the spring, the Library along with community groups, would look at what landscaping needs to be done, similar to what is being planned with the Reading Garden at the Wirt Library. M. Kaplenski asked if the County requires a PLA. H. Wetters responded that the County does not but the contract the Library has with them, does. Based on this information, M. Kaplenski stated this is what the Library needs to do; that the contract should be followed.

H. Wetters left at 12:50 p.m.

NEW BUSINESS
Purchase additional phones for AJWPL – Beth Rye explained this request is to purchase additional phones for Wirt Library. The current phone system will be used at Wirt Library, this equipment will allow for the expansion needed for the larger building. The price for this additional equipment is $31,854 and is part of the Technology budget. J. Davison asked how often bids are taken for phone service. K. Ayala responded this is done annually for phone service. J. Davison requested for future bids, he would like to see union represented companies used for phone service.

Motion by J. Davison, seconded by M. Kaplenski, to approve the purchase for increased phone equipment. Motion carried.

Purchase of Security Gates at AJWPL – The allowance for the security gates is included in the Technology Budget. B. Rye explained these gates are located at the main entrance to ensure for book security. The finishing of these gates will be done by staff. This bid is for three gates for a total cost of $13,365. This was a sole source bid as this company is the only one who supplies this type of gate to work with the Check Point security system. M. Kaplenski asked if the plan is to purchase the one year warranty as well. K. Ayala responded that the Library would not be purchasing it at this time; after the first year staff will evaluate to determine if an additional warranty should be purchased. B. Rye added this cost does include the installation of the gates.

Motion by J. Davison, seconded by M. Kaplenski, to approve the purchase of the security gates for the AJWPL. Motion carried.

Construction Budget Adjustment – K. Ayala stated this budget adjustment of $1.3 million is needed to cover the F.F. & E. that will be going into the Wirt Library. The $2,729,900 adjustment is needed to cover the transfers to the Building Authority to pay for construction invoices.

Motion by M. Kaplenski, seconded by J. Davison, to approve the Construction Budget Adjustment. Motion carried.

Moving Bids – K. Ayala explained he has received three bids back from the eight that were sent out. After reviewing the bids and checking references, he is recommending awarding the bid to the Frisbie Company for $20,808. This company is from Saginaw and came in $11,000 cheaper than the next closest bidder. The total overall budget for moving has approximately $40,000 left and approximately $20,000 was targeted for the Wirt Library.

Motion by J. Davison, seconded by M. Kaplenski, to award the moving bid to the Frisbie Company. Motion carried.

ANNOUNCEMENT

Motion by J. Davison, seconded by M. Kaplenski, to adjourn the meeting at 1:00 p.m. Motion carried.

Respectfully submitted,



____________________________________ ___________________________
Derald Adcock Eileen Schulz
Secretary/Treasurer Recording Secretary