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CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 26, 2007
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
• INTRODUCTIONS/PRESENTATION:
A. 2007 Julia E. Hackley Interns. AFFIRMATIVE ACTION
• CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Fireworks Display- Muskegon Summer Celebration. CITY CLERK
C. 2007 Wage Matrix for Non-Union Part-Time and Limited-Term
Employees. CIVIL SERVICE
D. FIRST READING: Amendment to the Zoning Ordinance - Section 300
(Districts) of Article Ill. PLANNING & ECONOMIC DEVELOPMENT
E. FIRST READING: Amendment lo the Zoning Ordinance - Remove H,
Heritage District Reference from Table I. PLANNING & ECONOMIC
DEVELOPMENT
F. Approval of the Use & Maintenance of City Owned Property al 1441
Hoyt & 360 E. Isabella by the Healthy Neighborhoods Project.
PLANNING & ECONOMIC DEVELOPMENT
G. lnleragency Agreement with Muskegon County Community Mental
Health. PUBLIC SAFETY
H. Approval of 2007 & 2008 Contract with Norton Shores for the
Administration of their Community Development Block Grant Program.
COMMUNITY & NEIGHBORHOOD SERVICES
I. City - MDOT Agreement for Federal Money Loan to Reconstruct
McGraft Park Road, Glenside lo Addison. ENGINEERING
J. City - MDOT Agreement for the Reconstruction of McGraft Park Road,
Glenside to Addison. ENGINEERING
K. Request for Encroachment Agreement for Cable Installation on Roberts
Street. ENGINEERING
L. Request for Encroachment Agreement for Lighted Sign on Pine Street.
ENGINEERING
• PUBLIC HEARINGS:
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
• NEW BUSINESS:
A. Jurisdictional Transfer with Michigan Department of Transportation.
CITY MANAGER
B. Engineering Agreement for Engineering Services with Wade Trim.
ENGINEERING
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Fil! out a request to speak form attached to the agenda or located in the back of the room.
• Submit the form to the City Clerk.
• Be recognized by the Chair.
• Step foiward to the microphone.
• State name and address.
• Limit of 3 minutes to address the Commission.
• (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
• ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AlDS AND SERVICES TO lNDIVJDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOT!CE TO THE CITY OF MUSKEGON. PLEASE CONTACT ANN
MARIE BECKER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD:
(231) 724-4172.
Date: June 26, 2007
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Approval of Minutes
th
SUMMARY OF REQUEST: To approve minutes for the June 11
Commission Worksession, and the June 12th Regular Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 26, 2007
CITY COMMISSION CHAMBERS@ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, June 26,
2007.
Mayor Warmington opened the meeting with a prayer from Pastor Penny
Johnson from the Oakcrest Church of God after which the Commission and
public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Lawrence Spataro, Sue Wierengo, Chris Carter, Kevin Davis, and
Clara Shepherd, City Manager Bryon Mazade, City Attorney John Schrier, and
Deputy City Clerk Linda Potter
2007-52 INTRODUCTIONS/PRESENTATION:
A. 2007 Julia E. Hackley Interns. AFFIRMATIVE ACTION
Dwana Thompson, Affirmative Action Director, introduced William Vauters who is
working in the Planning Department and Brittany Tillman (not present) who is
working in the Clerk's Office
2007-53 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the June 11 th Commission
Worksession, and the June 12th Regular Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Fireworks Display - Muskegon Summer Celebration. CITY CLERK
SUMMARY OF REQUEST: Summit Pyrotechnics is requesting approval of a
fireworks display permit for July 4th and July 8th at the Muskegon Summer
Celebration. Fire Marshall Metcalf has reviewed the request and recommends
approval contingent on inspection of the fireworks.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks
and approval of the insurance.
C. 2007 Wage Matrix for Non-Union Part-Time and Limited-Term
Employees. CIVIL SERVICE
SUMMARY OF REQUEST: Due to an oversight of information submitted in
December 2006, the 2007 Wage Matrix for Non-Union Part-Time and Limited-
Term Employees requires a mid-year adjustment for the seasonal Recreation
Aide. With the current Michigan minimum wage at $6.95 an hour, on July 1,
2007 it increases to $7.15 an hour. The present pay range for the seasonal
Recreation Aide is :
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
$5.50 $5.75 $6.00 $6.25 $6.50 $6.75 $7.00
The top of the range only just meets the current state requirements and
becomes inadequate as of July 1, 2007.
As proposed, the pay range below adequately addresses the new pay
requirements as well as anticipated future wage mandates, considering that the
federal minimum wage is expected to rise to $7.25 per hour by 2008 and the
Michigan minimum wage is scheduled to rise to $7.40 per hour as of July 1, 2008.
The below proposed range also allows for employee year-to-year wage
progression, if called for.
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
$7.25 $7.50 $7.75 $8.00 $8.25 $8.50 $8.75
FINANCIAL IMPACT: Accounted for in current budget.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of request.
D. FIRST READING: Amendment to the Zoning Ordinance - Section 300
(Districts) of Article Ill. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 300 (Districts) of Article Ill
(Zoning Districts and Maps) of the zoning ordinance to remove the reference to
the Heritage District.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to Section 300, Article Ill to remove the reference to the Heritage
District.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their June 141h meeting. The vote unanimous.
E. FIRST READING: Amendment to the Zoning Ordinance - Remove H,
Heritage District Reference from Table I. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Table l (Heights, Areas, and Yards)
and Table Notes, #6 of the zoning ordinance to remove the reference to the
Heritage zone.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to remove the reference to the Heritage zone from Table l and
Table Notes, #6.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their June 141h meeting. The vote was unanimous.
I. City - MDOT Agreement for Federal Money Loan to Reconstruct
McGraft Park Road, Glenside to Addison. ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MOOT for the
reconstruction of McGraft Park Road from Glenside to Addison and to approve
the resolution authorizing the Mayor and City Clerk to sign the contract for the
federal funds loan from the state.
The advantage on this project is that this whole agreement is merely a paper
work matter since the city could not have spent any construction money
against the federal funds to accrue any interest until those funds become
available.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None at this time. The City's share of the cost will
come out of the Major Street and water funds as will be shown in the 2008
budget.
STAFF RECOMMENDATION: Approve the contract and resolution and authorize
the Mayor and Clerk to sign both.
K. Request for Encroachment Agreement for Cable Installation on Roberts
Street. ENGINEERING
SUMMARY OF REQUEST: West Shore Cardiology Consultants has submitted an
encroachment agreement form requesting your permission to install 66' of 2"
PVC conduit (housing a 50x24 copper cable and a 6 fiber cable) under Roberts
Street 318' north of the centerline of Sherman Blvd. to connect the
communication line between the two buildings.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the encroachment agreement with
supplemental conditions and compliance with required insurance coverage.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the Consent Agenda as read minus items F, G, H, J and L.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierenga, Carter,
and Davis
Nays: None
MOTION PASSES
2007-54 ITEMS REMOVED FROM THE CONSENT AGENDA:
F. Approval of the Use & Maintenance of City Owned Property at 1441
Hoyt & 360 E. Isabella by the Healthy Neighborhoods Project.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the use and maintenance of the City
owned property localed at 1441 Hoyt Street and 360 E. Isabella for a community
garden. The properties are buildable and the City would retain the right to sell
the properties with the Healthy Neighborhoods Project having time to remove
the garden prior to any sales. The Healthy Neighborhood Project has proposed
a garden with flowers at both locations. The neighborhood residents will be
involved in the garden and the maintenance. All gardening tools will be stored
off site. There will be no permanent structures on the site. The Healthy
Neighborhoods Project has committed to maintaining the gardens.
FINANCIAL IMPACT: None. By having the maintenance agreement with the
Healthy Neighborhoods Project, the City would not need to maintain the
properties while the gardens are localed on the properties.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and maintenance agreement.
Motion by Commissioner Shepherd, second by Commissioner Spataro to
approve the use and maintenance agreement for the City-owned property
located at 1441 Hoyt Street and 360 E. Isabella by the Healthy Neighborhoods
Project.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
Wierengo
Nays: None
MOTION PASSES
G. lnteragency Agreement with Muskegon County Community Mental
Health. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting permission to
enter into an agreement with Muskegon County Community Mental Health for
purposes of participating in a Jail Diversion/Mental Health Intervention program.
All law enforcement agencies within Muskegon County have been asked to
participate in this program.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the agreement.
Motion by Commissioner Carter, second by Commissioner Davis to approve the
interagency agreement with Muskegon County Community Mental Health.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, and Shepherd
Nays: None
Abstain: Spataro
MOTION PASSES
H. Approval of 2007 & 2008 Contract with Norton Shores for the
Administration of their Community Development Block Grant Program.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To direct the Mayor and City Clerk to sign the
agreement between the City of Muskegon and the City of Norton Shores. In
reference to the City of Muskegon's Community and Neighborhood Services
office administrating the Norton Shores CDBG program for the 2007-2008 fiscal
year.
The total amount that the City of Muskegon will receive for administrating the
program is $22,500 (twenty-two thousand five hundred.)
FINANCIAL IMPACT: Funding will be added to the City's Administration funds.
BUDGET ACTION REQUIRED: None needed.
STAFF RECOMMENDATION: To direct the Mayor and City Clerk to sign the
agreement.
Motion by Commissioner Carter, second by Vice Mayor Gawron to approve the
2007 & 2008 contract with Norton Shores for the administration of their
Community Development Block Grant Program.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
J. City - MDOT Agreement for the Reconstruction of McGraft Park Road,
Glenside to Addison. ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MOOT for the
reconstruction of McGraft Park Road from Glenside to Addison and to approve
the resolution authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: MDOT's participation is limited to the federal funds of
$197,558 and $49,390 of state funds (Local Jobs Today Grant) for a total grant of
$246,948. The estimated total construction cost, without engineering, is $286, l 00.
The engineering cost is estimated at an additional 15% of the construction cost.
BUDGET ACTION REQUIRED: None at this time. The City's share of the cost will
come out of the Major Street fund as will appear in the 2008 budget.
STAFF RECOMMENDATOIN: Approve the contract and resolution and authorize
the Mayor and Clerk to sign both.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
City - MDOT agreement for the reconstruction of McGraft Park Road, Glenside to
Addison.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Carter
Nays: None
MOTION PASSES
L. Request for Encroachment Agreement for Lighted Sign on Pine Street.
ENGINEERING
SUMMARY OF REQUEST: Bakker Auto Trim at 90 Hartford Ave. has submitted an
encroachment agreement form requesting your permission to install a lighted
sign on their building which will encroach over the sidewalk on Pine St. for
approximately 18".
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the encroachment agreement.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
encroachment agreement for a lighted sign on Pine Street for Bakker Auto Trim.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
2007-55 NEW BUSINESS:
A. Jurisdictional Transfer with Michigan Department of Transportation.
CITY MANAGER
SUMMARY OF REQUEST: To approve the Memorandum of Understanding (MOU)
with the Michigan Department of Transportation (MOOT) for the jurisdictional
transfer of the current US 31 Business Route (Muskegon and Webster Avenues) to
the City and transfer Shoreline Drive to MDOT, and authorize the Mayor to sign
the MOU. When this transfer transaction is complete, it will enable Shoreline
Drive to become the business route and will return Muskegon and Webster
Avenues to residential streets.
FINANCIAL IMPACT: Remaining Build Michigan Ill grant funds will be available to
the City to fund eligible street work.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the MOU and the resolution authorizing
the Mayor to sign the MOU.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the jurisdictional transfer with the Michigan Department of Transportation.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
B. Engineering Agreement for Engineering Services with Wade Trim.
ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an engineering services
agreement with Wade Trim Inc. out of Grand Rapids to provide design, plans,
specifications and bidding documents for the Muskegon & Webster conversion
into two way streets. The scope of services consists of new traffic signals at 7 th
Street as well as signal modifications at Terrace Street for a total fee of $18,600.
Wade Trim is being recommended for four main reasons:
A- We already have a contract with them for two other projects, signal
installation at Harvey and Marquette and traffic signals modifications
along Laketon Ave. Corridor on with they have done an excellent job
thus far.
B~ Wade Trim is the engineer that assembled the conceptual plans of the
conversion and provided recommendations which have been reviewed
by the downtown group and the state.
C- The proposed fee of $18,600 is very reasonable.
D- Deadline to meet the community's desire to convert Muskegon & Webster
into two way streets shortly after Labor Day of this year makes it difficult to
solicit and review other proposals at this time.
FINANCIAL IMPACT: The engineering fee of $18,600 for the design and
specifications plus construction engineering at an additional 15%.
BUDGET ACTION REQUIRED: None, the cost is budgeted for.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with
Wade Trim Inc.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to authorize
staff to enter into an engineering services agreement with Wade Trim Inc. for the
Muskegon and Webster conversion into two way streets.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
and Davis
Nays: None
MOTION PASSES
C. Liquor License Transfer - D & L of Michigan, LLC, 435-441 W. Western
Avenue. CITY MANAGER
SUMMARY OF REQUEST: Recommend approval to the Liquor Control
Commission of a request from D & L of Michigan, LLC, to transfer ownership of
the 2006 Class C Licensed Business with Dance Permit, located in escrow at 3621
Getty, Norton Shores, Ml 49444, from North-Saylor, Inc.; transfer location to 435-
441 W. Western Avenue, Muskegon, Ml 49440, Muskegon County; cancel existing
Outdoor Service ( 1 area); requests a new SDM License to be held in conjunction;
and requests a New Entertainment Permit and New Outdoor Service (1 area).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve, final inspections are complete.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the liquor license transfer for D & L of Michigan, LLC, at 435-441 W, Western
Avenue.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
Wierengo
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commissioner Davis commented on the Farmer's Market.
Commissioner Spataro commended the Mayor, City Manager, City Attorney,
and Public Safety Director on the handling of the Sieradzki house situation.
Commissioner Shepherd commented on the Taste of Muskegon event.
Commissioner Wierengo recommended a member of staff attend the Lead
Conference.
PUBLIC PARTICIPATION: comments were heard reference safety at Pere
Marquette and the demolition of the Sieradzki house.
ADJOURNMENT: The City Commission Meeting adjourned at 7:13 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
Date: June 26, 2007
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Fireworks Display
Muskegon Summer Celebration
SUMMARY OF REQUEST: Summit Pyrotechnics is requesting
th th
approval of a fireworks display permit for July 4 and July 8 at the
Muskegon Summer Celebration. Fire Marshall Metcalf has reviewed the
request and recommends approval contingent on inspection of the
fireworks.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks and approval of the insurance.
2007-53(b)
PERMIT
FOR FIREWORKS DISPLAY
Act 358, P.A. 1968
This permit is not transferable. Possession of this permit by the herein named person will
authorize him to poss~, transport and cwplay firewodc.1 in the amounts, for the purpose, and
at the place listed below only. ·
TYPE OF DISPLAY: ( }O PUBLIC DISPLAY ( ) AGRICULTURAL PEST CONTROL
ISSUED TO: Summit Pyrotechnics
NAME Steve Franklin
ADDllESS AGE
3500 s. Getty, Muskegon, MI
REPRESENTING ·
NA.'v!E OF ORGANIZATION, GROUP, FIR.'.f OR CORPORATION
Muskegon Summer Celebration
ADDRESS
587 w. Western Ave., Muskegon, MI
NUMBER & TYPES OF FIREWORKS:
···'
20 - 12", 20 - 10", 80 - 8 11 , 400 - 6 11 , 400 - 5", 600 - 4",
and 1200 - 3"
DISPLAY: Barge - Muskegon Lake
EXACT LOCATION
1000 feet north of Heritage Landing
CITY, VILLAGE, TOWNSHIP DATE July 4 & 8,. 2007 ·TIME
City of Muskegon- Rain Date July 5 & 9, 2007 ·1 o : 2 0 p. m.
BOND OR INSURANCE FILED: (>() YES · () NO AMOUNT I~ 0001 ooo
ISSUED BY·
Issued by action of the ~CTJSKEGON CITY COMMISSION
(-,,,ii, a,mmiuiol\ bolldl
of the CITY of MUSKEGON
(c,ry, ..11,,c. ">WNllip) (l\lffll o(oiry, vill11c. iownahop)
rmington, Mayor
(11911ruft A potillon or council, c:ommiltion or boud ,c-preu11utivc)
f4'
I
FM- ~2( 12- 68)
APPLICATION
FOR FIREWORKS DISPLAY PERMIT
Act 358, P.A. 1968
I DATE OF APPLICATION
&-1 '/-07
~ D
1. TYPE OF DISPLAY: Public D is play Agricultural Pest Control
2, APPLICANT
t-- /!) ./ ,,o+,:;,,, i , ,u, c. s·
~:AME OF PERSON ADDRESS AGE: Must be 21 or over
: 1 ll"\'\ I')'\ : i .~-oo s;;.
-
A
~ ' '"-'° \~ /4-c_ t-l. . . 1
IF A CORPORATION : Nime of President ADDRESS I
3, PYROTECHNIC OPERATOR
AGE : Must be 21 or over
h'i tt \/
NAME ADDRESS
S--/r:..,.J t7. --
/ -, I\/, IV k. I I JV
I
-~ s·-oo c;'
EXPERIENCE: I
NUMBER OF YEARS I N UMBER OF DISPLAYS WHERE
,✓ (__)
~
Ll
•J
.p /.J , " ' is·ou-t ,~2 St<-1 t-'e s·
NAMES OF ASSISTANTS:
NAME ADDRESS AGE
NAME ADDRESS AGE
4. NON -RESIDENT APPLICANT
NAME ADDRESS
Name o f Mic higan Attorney or Resident Agent ADDRESS TELEPH ONE NUMBER
5, EXACT LOCATION OF PROPOSED DISPLAY
{3 Ct i"'C; €.- - n1 ~'-4-A ,\· kJL¾
A
Ann Marie Becker, MMC, City Clerk
Commission Meeting Date: June 26, 2007 - Zoning Ordinance Amendment - Section 300, Article !II
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
26th day of June, 2007, at which meeting a quorum was present and remained throughout, and that the
miginal of said ordinance is on file in the records of the City of Muskegon. I further certify that the
meeting was conducted and public notice was given pursuant to and in full compliance with Act No,
267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have
been made available as required thereby.
DATED: June 26 , 2007.
Ann Marie Becker, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on June 26, 2007, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 300 (Districts), Atiicle III, (Zoning Districts and Maps) to remove the
reference to the Hetitage District.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published Ju/y fl ,2007. CITY OF MUSKEGON
By _ __ _ __ _ _ __ _ __
Ann Marie Becker, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FfNAL PASSAGE.
Account No. 101-80400-5354
7
Commission Meeting Date: June 26, 2007
Date: June 15, 2007
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development (')!bl--
RE: Amendment to the Zoning Ordinance - Remove H, Heritage
District Reference from Table I
SUMMARY OF REQUEST:
Request to amend Table I (Heights, Areas, and Yards) and Table Notes, #6 of the zoning
ordinance to remove the reference to the Heritage zone.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to remove the reference to the Heritage
zone from Table I and Table Notes, #6.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 6/14 meeting. The
vote was unanimous.
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
June 14, 2007
Hearing; Case 2007-24: Staff initiated request to amend Table I, (Heights, Areas, and Yards),
Table Notes, #6 of the zoning ordinance to remove the reference to the H zone.
BACKGROUND
Since the H, Heritage District has been eliminated from the Zoning Ordinance, Table I and it's "Table
Notes" need to be amended to remove any reference to it.
NEW LANGUAGE
Deletions are erossed out and additions are in bold:
6. ***** Minimwn front setbacks for new principal structures in the R-l, RT, and B-3, and H
zones, fronting on minor streets, may align with existing principal structures in the immediate
area, even if the front setback is below the minimum required.
2
TABLE I: HEIGHTS, AREAS, AND YARDS
Zoning District B-1 B-3 B-5 WI-PLID
******
\{~t'_~~~{;f;' ,//1J:tf;\'
Minimum (sq. ft.)
Buildings:
75%
Pavement:
25% \~ 25%
Lot Width
150 ft. ·.~i., 150 ft.
Maximum building
width
Width to depth ratio
50% -..-
..
'ii 1:3
Minimum:
3
Maximum:
slori-:s
\~iJii~_#1!'J~e~'.;1,1
Front:
Expressway & Arterial
Front: Major/ Collector
20 ft. !Q,!'l;" 20 ft.
Front: Minor***** . ;¥Qt!, .
10 ft. IO ti:.
Rear:*
IO ft. 10:t.: : IO ft.
From ordinary high
Water mark or
Wetland****
75 ft. ~. 75 ft.
Side:*
I-story (least/total) __;;·,
8/20 ft. ,
I 0/20 ft
.•
2-story (!east/total)
10/14ft. ·- 15/25 ft
3-slory (!east/total) --
20/30 ft
4 or morn stories
(least/total)
front Expressway
Arterial and Major
From: Collector 40 ft. I •4o:l(, I 40 ft.
Front: Minor 30 ft. .30 It 30 fl. 3J)ft.( .I 30 ft.
***************See table preamble and notes************** ---- = Not applicable
DELIBERATION
I move that the amendment to Table I (Heights, Areas, and Yards), and Table I Notes, #6, of the City
of Muskegon Zoning Ordinance to remove references to the H zoning district, be recommended to the
City Commission for (approval/denial).
4
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2 2 2 B
An ordinance to amend Table I and Table Notes, #6, to remove the reference to the
Heritage zone,
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Table I and Table Notes, #6 are amended to remove the reference to the Heritage District, as
follows:
6. ***** Minimum front setbacks for new principal structures in the R-1, RT, and B-3
zones, fronting on minor streets, may align with existing principal structures in the
immediate area, even if the front setback is below the minimum required.
This ordinance adopted:
Ayes: Gawron, Shepherd, Spataro, Warmington, Wierenga,
Carter, and Davis
Nayes: None
AdoptionDate: June 26, 2007
Effective Date: _ _ _J"-u=l~y_;l--'4~,__,2""0""0~7'----------
First Reading: _ _ _....,Jc..cuccn_e_2=-6-'-'-,-=-2---0__0_7_ _ _ _ _ _ _ __
Second Reading: _ __,N.,_,/--'A"----------------
CITY OF MUSKEGON
Commission Meeting Date: June 26, 2007 - Zoning Ordinance Amendment- Table I and Table Notes, #6
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
26 th day of June, 2007, at which meeting a quorum was present and remained throughout, and that the
original of said ordinance is on file in the records of the City of Muskegon. I further certify that the
meeting was conducted and public notice was given pursuant to and in full compliance with Act No.
267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have
been made available as required thereby.
DATED: ~-J~u=n=e~~2~6___, 2007.
Ann Marie Becker, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (I 0) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on June 26, 2007, the City Commission of the City of Muskegon adopted an
ordinance to amend Table I and Table Notes, #6 to remove the reference to the Heritage zone.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Te1rnce Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published - -July CITY OF MUSKEGON
- ~ 4- - - -, 2007.
By _ _ _ _ _ _ _ _ _ _ _ __
Ann Marie Becker, MMC
City Clerk
-------------------------------·----------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Date: June 26, 2007
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City - MDOT Agreement for:
Federal money loan to reconstruct
McGraft Park Road, Glenside to Addison
SUMMARY OF REQUEST:
To approve the attached contract with MOOT for the reconstruction of McGraft Park
Road from Glenside to Addison and to approve the attached resolution authorizing
the Mayor and City Clerk to sign the contract for the federal funds loan from the state.
The advantage on this project is that this whole agreement is merely a paper work
matter since the city could not have spent any construction money against the federal
funds to accrue any interest until those funds become available.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None at this time. The City's share of the cost will come out of the Major Street
and water funds as will be shown in the 2008 budget.
STAFF RECOMMENDATION:
Approve the attached contract and resolution and authorize the mayor & clerk to sign
both.
COMMITTEE RECOMMENDATION:
RESOLUTION #2007-53(i)
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE
RECONSTRUCTION OF McGRAFT PARK ROAD FROM GLENSIDE TO ADDISON TOGETHER
WITH OTHER NECESSARY RELATED WORK AND AUTHORIZATION FOR THE MAYOR
STEPHEN J. WARMINGTON AND CITY CLERK ANN MARIE BECKER TO EXECUTE SAID
CONTRACT
Moved by Commissioner Carter and supported by Commissioner Shepherd that the following
Resolution be adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 07-7303 between the Michigan
Department of Transportation and the City of Muskegon for the reconstruction of McGraft Park Road
within the City is in the best interests of the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 07-7303 be and the same is
hereby authorized and approved and the Mayor and Clerk are authorized to execute said contract for
and on behalf of the City of Muskegon.
Adopted this 26th day of June, 2007.
s ton, 1 a or
Ann Marie Becker, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on June 26, 2007. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
(CITY OF MUSKEGON
\
\ ~ 1)" ":'(,11 \:: i .) ~/L( _A
By,.,~,\,"> "\\ . C?, l/
Ann Marie Becker, City Clerk
STATE OF MICIIIGAN
JENNIFER M. GRANHOLM DEPARTMENT OF TRANSPORTATION KIRK T. STEUDLE
GOVERNOR DIRECTOR
LANSING
June 4, 2007
Ms. Anne M. Becker
Clerk
City of Muskegon
933 Terrace Street, P.O. Box 536
Muskegon,MI 49443-0536 RECEIVED
CITY OF MUSKEGON
Dear Ms. Becker:
JUN 12 2007
RE: MDOT Contract No.: 07-7303 ENGINEERING DEPARTMENT
Control Section: STUL 61407
Job Number: 84370
Enclosed is the original and one copy of the above described contract between your organization
and the Michigan Department of Transportation (MDOT). Please take time to read and
understand this contract. If this contract meets with your approval, please complete the
following checklist:
PLEASE DO NOT DATE THE CONTRACTS. MDOT will date the contracts when they
are executed. A contract is not executed unless it has been signed by both parties.
_ Secure the necessary signatures on all contracts.
Include a certified resolution. The resolution should specifically name the officials who are
authorized to sign the contracts.
_ Return all copies of the contracts to my attention of the Department's Design Division,
2 nd floor for MDOT execution.
In order to ensure that the work and payment for this project is not delayed, the agreement
needs to be returned within 35 days from the date of this letter.
A copy of the executed contract will be forwarded to you. If you have any questions, please feel
free to contact me at (517) 335-2264.
t~l~e~ ~(/~
JaJkfe~Burch
Contract Processing Specialist
Design Support Area
Enclosure
MURRAY D. VAN WAGONER BUILDING• P.O. BOX 30050 • LANSING, MICH!GAN 48909
www.michigan.gov • (517) 373-2090
LH·LAN·0 (01103)
CAB
Control Section: STUL 61407
Job No.: 84370
Project: STP 0761(018)
Federal Item No.: RR 5750
CFDA No.: 20.205 (Highway
Research Planning
& Construction)
Contract No.: 07-7303
MICHIGAN DEPARTMENT OF TRANSPORTATION
CITY OF MUSK.EGON
LOCAL JOBS TODAY PROGRAM
LOAN CONTRACT
THIS LOAN CONTRACT, hereinafter referred to as the "CONTRACT," is made and entered
into this date of AUG O8 2007 by and between the Michigan Department of
Transportation, of 425 West Ottawa Street, P.O. Box 30050, Lansing, MI 48909, hereinafter
referred to as the "DEPARTMENT," and the CITY OF MUSKEGON, MICHIGAN, of 933
Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536, hereinafter referred to as the
"RECIPIENT."
WITNESSETH:
WHEREAS, Act 51, Public Acts of 1951, as amended, authorizes the DEPARTMENT to enter
into contracts with boards of county road commissioners, incorporated cities, and villages for the
loaning of funds for the purpose of constructing transportation infrastructure improvements, as
described in the second paragraph of Article IX, Section 9, of the Michigan Constitution of 1963,
as amended;
NOW, THEREFORE, the parties agree to the following:
Section 1. PURPOSE
The purpose of this CONTRACT is to assist the RECIPIENT in financing transportation
infrastructure improvements, as described in the second paragraph of Article IX, Section
9, of the Michigan Constitution of 1963, as amended, through the project described
below, hereinafter referred to as the "PROJECT." Such assistance will be provided by
the DEPARTMENT in the form of a loan. Funds will be used for pre-approved purposes
only. The DEPARTMENT has the discretion and the authority to recall, freeze, or limit
disbursement of any funds or a portion thereof if the purpose or manner of expenditure by
5/22/2007 I LocalJobsTodayLoan vlw
the RECIPIENT is inconsistent with this CONTRACT and/or with federal or state laws,
regulations, rules, or policies.
Reconstruction work along McGraft Park Road from Glenside Boulevard to Addison
Street; including pavement removal, concrete sidewalk, sidewalk ramps, aggregate base,
hot mix asphalt paving, and pavement marking work; and all together with necessary
related work.
Section 2. CONTRACT TERM
This CONTRACT will be in effect from the date of award through September 30, 2009.
Section 3. PROJECT FUNDING, BILLINGS, AND PAYMENTS
The DEPARTMENT will loan the RECIPIENT $197,558. The RECIPIENT will pay
interest at the rate of 4 percent annually. The loan funds will be used only for the
PROJECT. The DEPARTMENT will retain the loan funds and make payments to
PROJECT contractors and subcontractors on the RECIPIENT's behalf. The RECIPIENT
directs the DEPARTMENT to convert federal advanced construction funds as soon as
they become available. The assessment of interest will begin when the DEPARTMENT
expends loan funds on the RECIPIENT's behalf. It is understood that the loan funds
provided under this CONTRACT will not be sufficient to pay all PROJECT costs.
The loan under this CONTRACT is subject to the RECIPIENT's repayment in the
following manner: federal aid reimbursement applicable to the PROJECT will be used to
pay principal on the loan, and the DEPARTMENT will invoice the RECIPIENT annually
for the actual amount of interest. The invoiced amounts will be due and payable within
thirty days. Final payment of all principal and interest on the loan must be made on or
before September 30, 2009.
If the RECIPIENT fails to make any of its required payments when they are due, the
DEPARTMENT will immediately notify the RECIPIENT of such default and of the
amount thereof, and if such default is not corrected by payment within ten ( I 0) days, the
DEPARTMENT is then authorized and directed to withhold from the first of such monies
thereafter allocated by law to the RECIPIENT from the Michigan Transportation Fund,
but only after sufficient money has been returned to the county road commission, city, or
village to provide for the payment of contractual obligations incun-ed or to be incurred
and principal and interest on notes or bonds issued or to be issued under 1941 PA 205,
1943 PA 143, 1952 PA 175, or Section 18c or 18d of 1951 PA 51, sufficient monies to
remove the default and to credit the RECIPIENT with payment thereof and to notify the
RECIPIENT in writing of such fact.
The RECIPIENT agrees that the costs reported to the DEPARTMENT for this
CONTRACT will represent only those items that are properly chargeable in accordance
with this CONTRACT. The RECIPIENT also certifies that it has read the CONTRACT
terms and has made itself aware of the applicable laws, regulations, and terms of this
CONTRACT that apply to the reporting of costs incun-ed under the terms of this
CONTRACT.
5/22/2007 2 Loca!JobsTodayLoan vlw
Section 4. ADMINISTRATION
The DEPARTMENT will administer all phases of the PROJECT on behalf of the
RECIPIENT, including advertising and awarding the construction contract for the
PROJECT or portions of the PROJECT, in accordance with the Local Agency Cost
Participation Contract, as described in Section 9.
Any change in the scope or character of the PROJECT or in the cost, term, or other
provision of the CONTRACT will be by a prior written amendment to this CONTRACT
awarded by the parties.
In case of any discrepancies between the body of this CONTRACT and any exhibits
hereto, the body of the CONTRACT will govern. The headings used in this
CONTRACT are for convenience and identification purposes only and do not form a
binding part of this CONTRACT.
Section 5. COMPLIANCE ACTIVITIES
The RECIPIENT will, in the performance of this CONTRACT, comply with and require
its contractors and subcontractors to comply with all applicable federal, state, and local
statutes, ordinances, and regulations and will obtain or have its contractors and
subcontractors obtain all permits that are applicable to the entry into and performance of
this CONTRACT.
The RECIPIENT will secure any agreements or approvals from railroad companies,
utility companies, governmental agencies, or private parties required for construction of
the PROJECT.
This CONTRACT will be interpreted, construed, and enforced in accordance with the
laws of the State of Michigan.
By signing this CONTRACT, the RECIPIENT certifies that it has obtained or will obtain
all necessary environmental protection permits and clearances prior to the beginning of
the construction of the PROJECT.
Section 6. BREACH AND TERMINATION
In the event that any of the following occur, the DEPARTMENT may consider the
RECIPIENT to be in default with respect to this CONTRACT:
a. The RECIPIENT misrepresents any documentation or information provided to the
DEPARTMENT to secure loan financing.
b. The RECIPIENT fails to make a payment of any installment of interest under this
CONTRACT or fails to make a due payment of any other debt or obligation now
or later owed by RECIPIENT to the DEPARTMENT.
c. The RECIPIENT defaults in the performance of any other obligation to the
DEPARTMENT under this CONTRACT.
5/22/2007 3 Loca!JobsTodayLoan vlw
d. The RECIPIENT becomes insolvent or makes an assignment for the benefit of
creditors.
e. Any guarantee or pledge made by the RECIPIENT that now or later secures
payment for any or all indebtedness arising from this CONTRACT becomes
terminated or limited for any reason (except as otherwise set forth herein or in
1951 PA 51) without the prior written consent or agreement of the
DEPARTMENT.
f. At any time the DEPARTMENT, acting in good faith, has cause to believe that
the prospect of payment or performance under this CONTRACT is impaired.
In the event that the RECIPIENT fails to comply with the provisions of this
CONTRACT, including the default provisions herein, and such noncompliance by the
RECIPIENT continues for a period of ten (I 0) days after written notification of such
noncompliance without an effort by the RECIPIENT to begin to diligently pursue
remedies for such noncompliance, the DEPARTMENT will have the right, at its option
and notwithstanding any waiver by the DEPARTMENT or any prior noncompliance, to
demand the immediate return of the full outstanding balance of the loan financing and to
terminate this CONTRACT.
The exercise of such right by the DEPARTMENT will not impair any other rights of the
DEPARTMENT under this CONTRACT or any rights of action against the RECIPIENT
for the collection of remaining monies due the DEPARTMENT and/or the recovery of
damages.
Section 7. CONTRACTUAL OBLIGATIONS
Both parties will make reasonable efforts to satisfy promptly their surviving obligations
to each other necessary to complete their contractual relationships after expiration or
termination of this CONTRACT. This provision is not intended to nor does it create or
confer any rights upon any person or entity not a party to this CONTRACT.
Section 8. PERFORMANCE RESPONSIBILITY
Each party to this Contract will remain responsible for any claims arising out of that
party's performance of this Contract, as provided by this Contract or by law.
This Contract is not intended to increase or decrease either party's liability for or
immunity from tort claims.
Section 9. LOCAL AGENCY COST PARTICIPATION CONTRACT
The DEPARTMENT and the RECIPIENT agree that, with respect to the PROJECT, the
RECIPIENT will enter into a Local Agency Cost Participation Contract consisting of Part
I and Part II (Standard Agreement Provisions) with the DEPARTMENT prior to the
disbursement ofloan funds.
5/22/2007 4 Loca!JobsTodayLoan vlw
Section 10. NOTICES
All notices required hereunder will be in writing and will be deemed to have been duly
given if personally delivered or sent by certified mail, return receipt requested, postage
paid, or by telegram addressed as shown below, or by confirmed facsimile machine
message, unless notified differently in writing by the other party.
Ifto the DEPARTMENT:
Michigan Department of Transportation
Financial Operations Division
425 West Ottawa Street
P.O. Box 30050
Lansing, MI 48909
Ifto the RECIPIENT:
City of Muskegon
933 Terrace Street, P.O. Box 536
Muskegon, MI 49443-0536
Section 11. SEVERABILITY
If any term, covenant, condition, or provision (or any part thereof) of this CONTRACT
or the application thereof to any party or circumstance will at any time or to any extent be
held to be invalid or unenforceable, the remainder of this CONTRACT or the application
of such term or provision (or remainder thereof) to parties or circumstances other than
those to which it is held to be invalid or unenforceable will not be affected thereby, and
each term, covenant, condition, and provision of this CONTRACT will be valid and will
be enforced to the fullest extent permitted by law.
Section 12. ASSIGNMENT
This CONTRACT may not be assigned without the express prior written approval of the
non-assigning party, which approval will not be unreasonably withheld.
Section 13. ACCESS AND AUDIT
a. The RECIPIENT will establish and maintain accurate records, in accordance with
generally accepted accounting principals, of all expenses incurred for which
payment is sought or made under this CONTRACT, said records to be hereinafter
referred to as the "RECORDS." Separate accounts will be established and
maintained for all costs incurred under this CONTRACT.
b. The RECIPIENT will maintain the RECORDS for at least three (3) years from the
date of final payment made by the DEPARTMENT under this CONTRACT. In
the event of a dispute with regard to the allowable expenses or any other issue
5/22/2007 5 LocalJobsTodayLoan vlw
under this CONTRACT, the RECIPIENT will thereafter continue to maintain the
RECORDS at least until that dispute has been finally decided and the time for all
available challenges or appeals of that decision has expired.
c. The RECIPIENT will allow the DEPARTMENT or its representative to inspect,
copy, or audit the RECORDS at any reasonable time after giving reasonable
notice.
d. The RECIPIENT will comply with the Single Audit Act of 1984, as amended,
including, but not limited to, the Single Audit Amendments of 1996 (31 U.S.C.
7501-7507).
e. The RECIPIENT will comply with the requirements of the federal Office of
Management and Budget (0MB) Circular A-133, as revised or amended.
1. Recipients expending a total of Five Hundred Thousand Dollars
($500,000.00) or more in federal funds from one or more funding sources
in their fiscal year will submit two (2) copies to the address in part ii
below:
- The Reporting Package
- The Data Collection Form
- The audit firm management letter to the recipient, if issued.
The 0MB Circular A-133 audit must be submitted to the address below in
accordance with the time frame established in the circular, as revised or
amended.
11. Recipients expending less than Five Hundred Thousand Dollars
($500,000.00) in federal funds must submit a letter to the DEPARTMENT
advising that an 0MB Circular A-133 audit was not required. The letter
will indicate the applicable fiscal year, the amount of federal funds spent,
and the name(s) of the DEPARTMENT federal programs. This
information must also be submitted to the address below.
Address: Michigan Department of Transportation
Financial Operations Division
425 West Ottawa Street
P. 0. Box 30050
Lansing, MI 48909
iii. Recipients must also comply with applicable state laws and regulations
relative to audit requirements.
1v. Recipients will not charge audit costs to the DEPARTMENT's federal
programs that are not in accordance with the aforementioned 0MB
Circular A-133 requirements.
5/22/2007 6 Loca!JobsTodayLoan vlw
v. All recipients are subject to the federally-required monitoring activities,
which may include limited scope reviews and other on-site monitoring.
f. If any part of the work is subcontracted, the RECIPIENT will assure compliance
with subsections (a), (b), (c), (d), and (e) above for all subcontracted work.
Section 14. PROHIBITION OF DISCRIMINATION
a. In connection with the perfonnance of the PROJECT under this CONTRACT, the
RECIPIENT (hereinafter in Appendix A referred to as the "contractor") agrees to
comply with the State of Michigan provisions for "Prohibition of Discrimination
in State Contracts," as set forth in Appendix A, dated March 1998, attached hereto
and made a part hereof. This provision will be included in all subcontracts relating
to this CONTRACT.
b. During the performance of this CONTRACT, the RECIPIENT, for itself, its
assignees, and its successors in interest (hereinafter in Appendix B referred to as
the "contractor") agrees to comply with the Civil Rights Act of 1964, being P.L.
88-352, 78 Stat. 241, as amended, being Title 42 U.S.C. Sections 1971, 1975a-
1975d, and 2000a-2000h-6, and the Regulations of the Department of
Transportation (49 CFR Part 21) issued pursuant to said Act, including Appendix
B; dated June 2003, attached hereto and made a part hereof. This provision will be
included in all subcontracts related to this CONTRACT.
Section 15. ASSIGNMENT OF ANTITRUST RIGHTS
With regard to claims based on goods or services that were used to meet the
RECIPIENT's obligation to the DEPARTMENT under this CONTRACT, the
RECIPIENT hereby irrevocably assigns its right to pursue any claims for relief or causes
of action for damages sustained by the State of Michigan or the DEPARTMENT due to
any violation of 15 USC, Sections 1 - 15, and/or 1984 PA 274, MCL 445.771 - .788,
excluding Section 4a, to the State of Michigan or the DEPARTMENT.
The RECIPIENT shall require any subcontractors to irrevocably assign their rights to
pursue any claims for relief or causes of action for damages sustained by the State of
Michigan or the DEPARTMENT with regard to claims based on goods or services that
were used to meet the RECIPIENT's obligation to the DEPARTMENT under this
CONTRACT due to any violation of 15 USC, Sections 1 - 15, and/or 1984 PA 274, MCL
445.771 - .788, excluding Section 4a, to the State of Michigan or the DEPARTMENT as
a third-party beneficiary.
The RECIPIENT shall notify the DEPARTMENT if it becomes aware that an antitrust
violation with regard to claims based on goods or services that were used to meet the
RECIPIENT's obligation to the DEPARTMENT under this CONTRACT may have
occurred or is threatened to occur. The RECIPIENT shall also notify the
DEPARTMENT if it becomes aware of any person's intent to commence, or of
commencement of, an antitrust action with regard to claims based on goods or services
5/22/2007 7 LocalJobsTodayLoan vlw
that were used to meet the RECIPIENT's obligation to the DEPARTMENT under this
CONTRACT.
Section 16. AWARD CONTINGENCY
Award of this CONTRACT will be contingent upon the RECIPIENT providing the
DEPARTMENT with a duly adopted resolution authorizing a representative of the
RECIPIENT to award this CONTRACT and undertake the PROJECT.
Section 17. FEDERAL TAX CODE
The RECIPIENT is a political subdivision of the State of Michigan that qualifies as a
"government unit" within the meaning of Sections 141(b)(6)(A) and 14l(c)(l) of the
Internal Revenue Code of 1986, as amended, hereinafter referred to as the "CODE."
The RECIPIENT hereby covenants and agrees for the benefit of the DEPARTMENT that
it will comply with the applicable requirements of Section 149 of the CODE.
The RECIPIENT will not permit at any time or times any of the property financed with
the proceeds of the loan funds that would result in the exclusion of any bonds of the
DEPARTMENT from the treatment afforded by Section 103(a) of the CODE, as from
time to time amended, by reason of the classification of such bonds as "private activity
bonds" within the meaning of Section 141(a) of the CODE, or as obligations guaranteed
by the United States of America, as provided in Section 149(b) of the CODE, or cause
interest on the bonds to be includable in gross income for federal income tax purposes.
5/22/2007 8 LocalJobsTodayLoan vlw
Section 18. AWARD
This CONTRACT will become binding on the parties and of full force and effect upon
signing by the duly authorized representatives of the RECIPIENT and the
DEPARTMENT and upon adoption of a resolution approving said CONTRACT and
approving the signature(s) thereto of the respective representative(s) of the RECIPIENT,
a certified copy of which resolution will be sent to the DEPARTMENT with this
CONTRACT, as applicable.
IN WITNESS WHEREOF, the parties have caused this CONTRACT to be awarded.
CITY OF MUSKEGON
MICHIGAN DEPARTMENT OF TRANSPORTATION
5/22/2007 9 LocalJobsTodayLoan vlw
APPENDIX A
PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS
In connection wilb the performance of work under this contract; the contractor agrees as follows:
I. In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees not to discriminate against an
employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or
as a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex,
height, weight, or marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No.
478, Public Acts of 1980 the contractor hereby agrees not to discriminate against an employee or applicant for
employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or
indirectly related to employment, because of a disability that is unrelated to the individual's ability to perform the
duties of a particular job or position. A breach of the above covenants shall be regarded as a material breach of this
contract.
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in
this contract is to be performed, shall contain a covenant the same as hereinabove set forth in Section 1 of this
Appendix.
3. The contractor will take affirmative action to insure that applicants for employment and employees are treated
without regard to their race, color, religion, national origin, age, sex, height, weight, marital status or a disability that
is unrelated to the individual's ability to perform the duties of a particular job or position. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
4. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state
that all qualified applicants will receive consideration for employment without regard to race, color, religion, national
origin, age, sex, height, weight, marital status or disability that is unrelated to the individual's ability to perform the
duties of a particular job or position.
5. The contractor or his collective bargaining representative will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said
labor union or workers' representative of the contractor's commitments under this appendix.
6. The contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil
Rights Commission which may be in effect prior to the taking of bids for any individual state project.
7. The contractor will furnish and file compliance reports within such time and upon such forms as provided by the
Michigan Civil Rights Commission, said forms may also elicit Information as to the practices, policies, program, and
employment statistics of each subcontractor as well as the contractor himself, and said contractor will permit access to
his books, records, and accounts by the Michigan Civil Rights Commission and/or its agent, for purposes of
investigation to ascertain compliance with this contract and relevant with rules, regulations, and orders of the
Michigan Civil Rights Commission.
8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has
not complied with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its
order based upon such findings, certify said findings to the Administrative Board of the State of Michigan, which
Administrative Board may order the cancellation of the contract found to have been violated and/or declare the
contractor ineligible for future contracts with the state and its political and civil subdivisions, departments, and
officers, and including the governing boards of institutions of higher education, until the contractor complies with said
order of the Civil Rights Commission. Notice of said declaration of future ineligibility may be given to any or all of
the persons with whom the contractor is declared ineligible to contract as a contracting party in future contracts. In
any case before the Civil Rights Commission in which cancellation of an existing contract is a possibility, the
contracting agency shall be notified of such possible remedy and shall be given the option by the Civil Rights
Commission to participate in such proceedings.
9. The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (1) through (8) in
every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights
Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each
subcontractor or seller. March, 1998
(Rev. 03/92)
APPENDIXB
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees as follows: ·
1. Compliance with Regulations: The contractor shall comply with the Regulations relative to
nondiscrimination in Federally assisted programs of the Department of Transportation, Title 49,
Code of Federal Regulations, Part 27, as they may be amended from time to time (hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a part of this
contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract,
shall not discriminate on the grounds of race, color, or natural origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor shall
not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a program set forth in
Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be
performed under a subcontract, including procurements of materials or leases of equipment, each
potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations
under this contract and the Regulations relative to nondiscrimination on the grounds of race, color,
or national origin.
4. Information and Reports: The contractor shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the Michigan
Department of Transportation or the Federal Highway Administration to be pertinent to ascertain
compliance with such Regulations or directives. Where any information required of a contractor is
in the exclusive possession of another who fails or refuses to furnish this information, the contractor
shall so certify to the Michigan Department of Transportation, or the Federal Highway
Administration as appropriate, and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Michigan Department of Transportation shall
impose such contract sanctions as it or the Federal Highway Administration may determine to be
appropriate, including, but not limited to:
(a) Withholding of payments to the contractor under the contract until the contractor complies,
and/or
(b) Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs 1 through 6
of every subcontract, including procurements of materials and leases of equipment, unless exempt by
the Regulations, or directives issued pursuant thereto. The contractor shall take such action with
respect to any subcontract or procurement as the Michigan Department of Transportation or the
Federal Highway Administration may direct as a means of enforcing such provisions including
sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in,
or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the
contractor may request the Michigan Department of Transportation to enter into such litigation to
protect the interests of the State, and, in addition, the contractor may request the United States to
enter into such litigation to protect the interests of the United States.
Date: June 26, 2007
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Request for Encroachment Agreement
Cable Installation in Roberts St.
SUMMARY OF REQUEST:
West Shore Cardiology Consultants has submitted the attached encroachment agreement
form requesting your permission to install 66' of 2" PVC conduit (housing a 50x24 copper
cable and a 6 fiber cable) under Roberts St. 318' north of the centerline of Sherman Blvd. to
connect the communication line between the two buildings.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the encroachment agreement with supplemental conditions and compliance
with required insurance coverage.
COMMITTEE RECOMMENDATION:
DATE (MM/0D/YYYYJ
ACORQ., CERTIFICATE OF LIABILITY INSURANCE 06/11/2007 I
PROOUCER (616)866-4488 FAX (616)866-2901 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Morris, Schnoor & Gremel ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
65 S. Main ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. 0. Box 599
Rockford, MI 49341 INSURERS AFFORDING COVERAGE NAIC#
INSURED WEST SHORE CARDIOLOGY CONSULTANTS INSURER A Netherlands 24171
1212 E SHERMAN INSURER B Indiana 22659
MUSKEGON, MI 49444 INSURER C Peerless Insurance Company 24198
INSURER D
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
P.f>HSY EFFECTIVE POLICY EXPIRATION
11N§~ ~R..12: TYPE OF INSURANCE POLICY NUMBER LIMITS
BOP9885305 08/01/2006 08/01/2007 EACH OCCURRENCE 1,000,000
GENERAL LIABILITY
"x DAMAGE TO RENTED ' 300,000
COMMERCIAL GENERAL LIABILITY
0 ' 5,000
A
1 CLAIMS MADE OCCUR MED EXP (Any one person)
' 1,000,000
f--
PERSONAL & ADV INJURY
GENERAL AGGREGATE ' 2,000,000
~
'
n
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY nPRO-
JECT n,ac
PRODUCTS - COMP/OP AGG
' 2,000,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
~ $
(Ea accident)
ANY AUTO
~
ALL OWNED AUTOS BODILY INJURY
f-- $
(Per person)
SCHEDULED AUTOS
~
HIRED AUTOS BODILY INJURY
~-
~
NON-OWNED AUTOS
(Per accident)
'
PROPERTY DAMAGE
~
(Per accident)
'
R
GARAGE LIABILITY
ANY AUTO
AUTO ONLY • EA ACCIDENT
OTHER THAN
AUTO ONLY
EAACC
AGG
$
'
$
~ •
EXCESS/UMBRELLA LIABILITY
OCCUR CLAIMS MADE
CU9880406 08/01/2006 08/01/2007 EACH OCCURRENCE
AGGREGATE
$
'
2,000,000
2,000,000
B
=i OEDUCTIBLE
$
'
RETENTION
WORKERS COMPENSATION AND
$
WC9887505 08/01/2006 08/01/2007 l ~~J!~1¥S I IOJ!_-l· '
!:MPLOYERS' lli\BlllTY
El. Ef-,CH ACCIDENT ,00,000·
C ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
' 500,000
II yes, describe under
El. DISEASE. POLICY LIMIT 500,000
SPECIAL PROVISIONS below
OTHER
'
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS MC:' ·,.;_1v·t:u
CITY OF MUSKEGON
'
JUN 12 2007
ENGINEERING DEPARTMENT
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER Will ENDEAVOR TO MAIL
City of Muskegon ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Engineering Deptartment
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
Attn: Mohammed Al-Shatel
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
933 Terrace Street
AUTHORIZED REPRESENTATIVE
Muskegon, MI 49440
17km. . J ,;.,;;,,.&.L,.
Patricia Wittekind/PATW
ACORD 25 (2001/08) ©ACORD CORPORATION 1988
2990
,
COMMUNITY
Sl!OROyB~MX
West Shore Cardiology CONSULTANTS
1212 E. Sherman Boulevard, Muskegon, Michigan 49444 74-1394/724 6/20/2007
PAY
TO THE City of Muskegon $ **100.00
ORDER OF
One Hundred and 00/100*** *** *** ********** **** ** ** **************** ***** ************** *** **** DOLLARS
City of Muskegon
VOID AFTER 90 DAYS
P.O. Box 1825
Troy, Ml 48099-1825
AlJTHORIZED SIGNATURE
MEMO
11•00 299011• ,:o 7 2i. i :191. 21: ioooo 2 :lBtitill'
West Shore Cardiology CONSULTANTS 2990
City of Muskegon 6/20/2007
Fee for meeting regarding encroachment 100.00
Diagnostic Center
Community Shores B 100.00
F'.tJ2/D7
CITY 01" MUSKEGON
ENCROACHMENT AGREEMENT AND PERMIT
THIS AGREEMENT is made and entered into this ...d..C.day of , hll'J.c._ 20..2._'7_., by
and between the CITY OF MUSKEGON, a municipal corporation (hereina~er called CITY), and
West Shore Cardiology Consultants (hereinafler called LlCEl':SEE).
RECITALS
I. LICENSEE proposes to install, repair or maintain improvements or facilities ("the
encroaclunent"), in or abutting" street, alley, sidewalk, park, terrace or other property controlled or
owned by the Ciry of Muskegon, the encroachment being described as
Place a two inch I.D. PVC conduit under Roberts St. 318 feet
north of the centerline of Sherman Blvd. with a 50x24 copper
cable and a 6 fiber cable placed in the conduit.
2. The City-owned or controlled property (herein "property") subject to the encroachment is
described as:
[please insert a general description, and if required by the CITY, an accurate legal description]
Crossing the R/W of Roberts St. 318 feet north of the centerline
of Sherman Blvd.
3. The CITY is willing to grant such privilege upon the terms and conditions herein. This
agreement shall constitute a pirmit under section 18-19 of the Code of Ordinances, but shall apply to
any encroachment on public ways or property.
THEREFORE,
1. CITY does hereby grant unto LICENSEE the privilege of _ _ _ constructing,
-~ installing,--~- maintaining, _ _ _ repairing and perfom1ing all necessary functions
relating to the encroachment, and for that purpose to enter the property, for the tenn herein stated.
Ci TY u= 1·1u:.vECOt·l Et iG It IEEP
This privilege shall be effective upon the issuance of an encroach.rnent permit, which shall be issued
only after approval of this agreement by the City Commission and delivery to the CITY of the required
evidence of insurance coverages.
,
This grant is subject to the following special conditions:
-~1,..·.,,,·~~---~------------
2. That LJCENSEE shall pay to the CITY for the privilege hereby granted !he sum of
_____________ Dollars($ _____ , such payment to be made upon the signing
of this agreement to be dated as of the ___ day of _ _ _ _ _ _ _ _ 20__ , to the City
Treasurer of the City of Muskegon, and the privilege hereby granted shall continue for a period to
terminate the first day of May, 20 unless sooner tem1inated as hereinafter provided.
3. INDE!'v!NIFICAT!ON. The LICE:'ISEE shall indemnify and save ham1less said GRANTOR
of and from any liability for claims, damages, costs, expenses, or fees, including any attorney fees, or
fines or awm·ds brought ngainst or charged to the CITY by any person, firm or corporation on account
of or arising from the privilege hereby granted to LICENSEE or the activities of the LICENSEE
related to the encroachment or this privilege. This indemnification obligation shall include all liabilities
for envirnrunental damage or re:eases of hazardous substances subject to any goverrunental or third
party action. "Hazardous substance" is defined as any material constituting a prohibited or regulated
substance under governmental law, rule, statute or regulation in force at any time, including future
times.
4. INSURANCE. LICENSEE shall at all times carry liability insurance in such amounts as are
satisfactory to CITY, and issued by companies acceptable to the CITY, licensed in the State of
Michigan, naming CITY OF MUSKEGON as an additional in,,ured on any such policy. LICENSEE
will file with
2
\'.M usXdat:a\Da111',E.:'>!"i:N 1::2 Rf:--:G 1 C0;>.•1 ~!ON'.PER.M!T FOR~S\Eilcro:ichr:icrll ,\~-te.!t1mt ,inJ Pcrn11: .doe
CI T'{ OF r·1u·:::vECi01·l Et iCi I 1!Et:R
the CITY certificates or policies evidencing such insurance cov2rage. The insurance policies or
certificates shall provide that the CITY shall be given thirty days written notice before a cancellation or
change in coverage may occur. The types of coverage and coverage limits to be required shall be as
follows:
rf /dd () 0 () ()
5. BONDING. Before this agreement/pem1it becomes valid, LICENSEE shall file with the
CJTY a bond confomting with the requirements of any ordinance, and shall keep same in force during
the entire tem1 of this agreemrnt.
6. The privilege hereby granted may be canceled and revoked by the CITY at any time
upon giving said LICENSEE __ days of v.'Titten notice of such cancellation 2nd revocation.
7. LICENSEE may surrender up the privilege hereby granted at any time upon giving
notice in v.'Titing to the CITY _ _ _ days prior to such surrender; provided, however, that upon the
voluntary relinquishment or abandonment of this privilege, or upon cancellation or revocation thereof
by the CITY, the LICENSEE shall remove any structure(s) erected upon, within or overhanging the
area of encroachment and restore the property at LICENSEE'S expense and in a manner satisfactory to
the CITY and in default thereof shall be liable to the CITY for any cost, damage or expense the CITY
may sustain in such restoration.
8. That should said LICENSEE fail or refuse to confom1 to any of the conditions on its
part to be perfonned hereunder, the privikge hereby granted shall immediately tenminate and become
null and void.
"
,)
\\J\.1u~'dnt..1\Dne-J\l:NGNE[iRNG\COMMO:-.IV'>ER,\.llT ro1Uv!S\Fnno:1C:hn~en1 Agreemer1t ::rnd Pc:nnii doc
9. This agreement sh2JI be binding upon the respective heirs, representatives, successors
and assigns of the parties hereto.
Witnesses:
Al1~~1)~l~c,,1 i~ccf{__L ~
B () r4 (~).0 r· 1 1 ~,(~_(_dill. Clerk
LICENSEE:
4
\\M usktl~!:i\Dai.!!\E NG l}j EERrNG\COM MON\J'}E Ri'-1 IT FQR..\.!$\Enc: ro11c hrm:n t A grccrncnt wd Ptrr:111.doc
SUPPLEMENTAL CONDITIONS
1- The grantee shall, within a reasonable time, be fully responsible for the maintenance
of the cables/conduits and any removal or relocation that becomes necessary to
facilitate other public improvements within the right of way.
2- Grantee will be responsible for the maintenance and upkeep, for the duration of this
agreement, a valid insurance coverage satisfactory to the City.
3- If approved (by City Commission), a permit to work in the right of way must be
obtained from the Engineering Department before any work begins.
4- This system, if approved by commission, must be placed on the Miss Dig System as
soon as installation is complete. Furthermore, this shall be the responsibility of the
grantee.
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SEC. T R J a, /
Commission Meeting Date: June 26, 2007
Date: June 18, 2007
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Approval of the Use & Maintenance of City Owned
Property at 1441 Hoyt & 360 E. Isabella by the
Healthy Neighborhoods Project.
SUMMARY OF REQUEST:
To approve the use and maintenance of the City owned property located at 1441 Hoyt
Street and 360 E. Isabella for a community garden. The properties are buildable and the
City would retain the right to sell the properties with the Healthy Neighborhoods Project
having time to remove the garden prior to any sales. The Healthy Neighborhoods Project
has proposed a garden with flowers at both locations. The neighborhood residents will be
involved in the garden and the maintenance. All gardening tools will be stored off site.
There will be no permanent structures on the site. The Healthy Neighborhoods Project has
committed to maintaining the gardens.
FINANCIAL IMPACT:
None. By having the maintenance agreement with the Healthy Neighborhoods Project, the
City would not need to maintain the properties while the gardens are located on the
properties.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution and maintenance agreement.
COMMITTEE RECOMMENDATION:
None.
'
,-. --1~
,\
I.
Resolution No. 2007-54( f)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE USE AND MAINTENANCE OF TWO BUILDABLE
LOTS AT 1441 HOYT & 360 E. ISABELLA IN THE MCLAUGHLIN NEIGHBORHOOD.
WHEREAS, The Healthy Neighborhoods Project be allowed to use and maintain the parcels
designated as parcel numbers 24-205-273-0015-00 & 24-205-247-0006-00, located at 1441 Hoyt
& 360 E. Isabella; and
WHEREAS, the City would reserve the right to sell the property and give the Healthy
Neighborhoods Project time to remove the gardens prior to any sales; and
WHEREAS, the maintenance would relieve the City from having to maintain the prope11ies and
the maintenance costs while the gardens are there; and
NOW THEREFORE BE IT RESOLVED, that parcel numbers 24-205-273-0015-00 & 24-205-
247-0006-00, located at 1441 Hoyt & 360 E. Isabella be maintained for a community gardens by
the Healthy Neighborhoods Project.
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 15 BLK 273
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 6 BLK 247
Adopted this 26 th dayofJune, 2007.
Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington,
and Wierenga
Nays: None
Absent None
(
Ma
_______
,_,,,_
\\ _/\) .P . i
Attest: "-l,:rJf, "'-le\ u \:f=c. LA/1.
Ann Marie Becker, MMC
City Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on June 26, 2007.
l) \\,, . (h
B · j_\ :v\ :-,\ V,) ,l 1 . Q .,
Ann Marie Becker, MMC
/ l ,
City Clerk
Maintenance Agreement
This Agreement is made July I, 2007 ("Effective Date"), by and between the City of Muskegon
("City"), of933 Terrace Street, Muskegon, Michigan 49440, and the Healthy Neighborhoods Project, 304
E. Isabella, Muskegon, Michigan, 49442.
Background
A. "City" is the owner of the vacant lot located at 360 E. Isabella ("Property").
B. The parties wish to enter into an agreement regarding the installation and maintenance of a
flower garden located at the Property.
C. Individual has agreed to perform the installation and physical maintenance of the garden at
the Property pursuant to the terms set forth in this maintenance agreement.
Therefore, the parties agree as follows:
I. General Agreement. Individual ab>rees, at the sole cost of the Individual, to perform the
installation and physical maintenance of a flower garden at the Property.
2. Site Design. Individnal shall submit a garden design for the Property, and receive design
approval from the City, prior to installation. City agrees not to unreasonably withhold its approval of the
garden design. Any necessary permits or variances (fencing, lighting, electrical, plumbing, etc.) are the
responsibility of the Individual and not the City and must be obtained prior to performing any work.
3. Maintenance, Individual shall be responsible for the physical installation of the flower
garden and continuing maintenance of the Property, including i) mowing, trimming, fertilizing, weed
control and any other routine maintenance of the grass, trees, shrubs and plantings at the Property, and ii)
trash and litter removal from the Property.
4. Buildable Lot. City retains the right to sell the property at any time without prior notice to
the Individual. In the event the property is sold, City shall notify the Individual, who shall have 30 days
to remove any plantings and other items installed by the Individual.
5. Term. This maintenance agreement shall continue in effect until terminated by either party.
Upon termination, Individual waives any claim against City for installation or maintenance of any item on
the Property.
6. Insurance. Should the Individual place any items (picnic tables, grills, etc.) that are to
remain on the property for an extended period of time, the Individual must purchase liability insurance
and provide proof of the insurance to the City.
7. Hold Harmless. Individual shall indemnify, defend and save City harmless from and against
any and all claims, actions, damages, liability and expense in connection with the loss oflife, personal
injury or damage to property arising from any occurrence in or about the Property or from the occupancy
or use by Individual of the Property or any part thereof or resulting in whole or part from any act or
omission of Individual, its employees, invitees, licensees, contractors or agents. City shall not be liable
for any injury to the person or property of Individual or any other persons on the Property resulting from
the criminal or negligent acts of third persons occurring on or nearby the Property.
[signatures appear on following page]
C:\Oocuments and Settings\Administrator\Local Settings\Temporary Internet Files\Content.lE5\IZ612LYH\maintenanceagreement[2].DOC
(~ ."'\
By: _:----~~~tt~~~==--
Name: -
Title:
Date: 7- c2- 0 7
By~''-'\\v'\.u,;\..,~, G.---~ t t' _:,.,,i
Name: Ann Marie Becker, MMC
Title: Clerk
Date: 7 - .2 -0 7
{!Merl~~
Name: Carol Spencer, Member of the Healthy
Neighborhood Project
Date: (o ·-/:;;:--07
Contact#: ;l3/- SJS.f"-093'1
C:\Documents and Settings\Administrator\Local Settings\Temporary Internet Files\Content.lE5\IZ612LYH\maintenanceagreement[2].DOC
Maintenance Agreement
This Agreement is made July 1, 2007 ("Effective Date"), by and between the City of Muskegon
("City"), of 933 Terrace Street, Muskegon, Michigan 49440, and the Healthy Neighborhoods Project,
1589 Hoyt St. Apt. G, Muskegon, Michigan, 49442.
Background
A. "City" is the owner of the vacant lot located at 1441 Hoyt ("Property").
B. The parties wish to enter into an agreement regarding the installation and maintenance of a
flower garden located at the Property.
C. Individual has agreed to perform the installation and physical maintenance of the garden at
the Property pursuant to the terms set forth in this maintenance agreement.
Therefore, the parties agree as follows:
1. General Agreement. Individual agrees, at the sole cost of the Individual, to perform the
installation and physical maintenance of a flower garden at the Property.
2. Site Design. Individual shall submit a garden design for the Property, and receive design
approval from the City, prior to installation. City agrees not to unreasonably withhold its approval of the
garden design. Any necessary permits or variances (fencing, lighting, electrical, plumbing, etc.) are the
responsibility of the Individual and not the City and must be obtained prior to performing any work.
3. Maintenance. Individual shall be responsible for the physical installation of the flower
garden and continuing maintenance of the Property, including i) mowing, trimming, fertilizing, weed
control and any other routine maintenance of the grass, trees, shrubs and plantings at the Property, and ii)
trash and litter removal from the Property.
4. Buildablc Lot. City retains the right to sell the property at any time without prior notice to
the Individual. In the event the property is sold, City shall notify the Individual, who shall have 30 days
to remove any plantings and other items installed by the Individual.
5. Term. This maintenance agreement shall continue in effect until terminated by either party.
Upon termination, Individual waives any claim against City for installation or maintenance of any item on
the Property.
6. Insnrance. Should the Individual place any items (picnic tables, grills, etc.) that are to
remain on the property for an extended period of time, the Individual must purchase liability insurance
and provide proof of the insurance to the City.
7. Hold Harmless. Individual shall indemnify, defend and save City harmless from and against
any and all claims, actions, damages, liability and expense in connection with the loss of life, personal
injury or damage to property arising from any occurrence in or about the Property or from the occupancy
or use by Individual of the Property or any part thereof or resulting in whole or part from any act or
omission of Individual, its employees, invitees, licensees, contractors or agents. City shall not be liable
for any injury to the person or property of Individual or any other persons on the Property resulting from
the criminal or negligent acts of third persons occurring on or nearby the Property.
[signatures appear on following page]
C:\Documents and Setlings\Administrator\Local Settlngs\Temporary Internet Files\Content.lE5\SP30PESl\maintenanceagreement[2].DOC
City of Muskego ,
~
By:
-.--="'-'.~P.,.,.~;;;..<:'l\::...._~r"-.A...-_,;..-,,::::::.:___---=---
Name: ✓-
Title:
Date: - o 7
\ I\\ _,.. · .
Q ,, )/ .
B y ~ \----\--=" v ~ vL, ·.::;;11---cL,.'-,
· Name: Ann Marie Becker, MMC
Title: Clerk
Date: 7 - c2 - o 7
Name: Christina Rupert,Member of the Healthy
Neighborhoods Project
Date: ~ .,../,J: ~ 0 7
Contact#:~;}/ - cJKl::l.:.lUN t.NLi I Nt:tr<
CITY OF MUSKEGON
ENCROACHMENTPERMITAGREEMENT
REQUEST: A one-hundred dollar ($100.00) non-refundable fee is required for processing of request.
I. LICENSEE proposes to install, repair or maintain improvements or facilities (''the encroachment"), in
or abutting a stree1, alley, sidewalk, park, terrace or o1her property controlled or owned by 1he City of
Muskegon, the encroachment being described as: (Attach exhibits) 1 unit equals 0-99 lineal feet)
_..., ·i . L~- · , i'c ~ wch., · " A
2. The City-owned or controlled property (herein "property") subject to the encroachment is
describe~: [pleas:,insert a general descriptio/")~~- ifrequir;.d by the CITY, an ac~urate legal description]
~ sJ;L~d-\\~- - ~/Jd., 0+,e& <::~ c@ I
3. The CITY is willing to grant such privilege upon the tenns and conditions herein. This
agreement shall constitute a permit under Chapter 74 of the Code of City Ordinances, and with all future
amendments shall apply to any encroachment on public right of way or property. ·
PERMIT AGREEMENT:
THIS AGREEMENT is made and entered into this d6 fli day of $Linc;. 20Q2, by and
between 1he CITY OF MUSKEGON, a municipal corporation (hereinafter called CITY), and 80. Kl(ec
.Au fo Jcr'rn (hereinafter called LICENSEE).
THEREFORE,
I. CITY does hereby grant unto LICENSEE 1he privilege of constructing, installing, maintaining,
repairing and performing all necessary functions relating to the encroachment, and for 1hat purpose to enter 1he
property, for the term herein stated. This privilege shall be effective upon the delivery to the CITY of the
required evidence of insurance coverage as outlined in paragraph 4 under this section and only after approval of
this agreement by the City Commission and at which time an encroachment permit will be issued.
This grant is subject to the following special conditions: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
O;\ENGINP-ERING\COMMON\ENCROACHMENT AGREEMENTS\Blank Encroachment l\8r«ment and Ponni1,do,
C!IY Ur MU~KctiUN cNtilNtc~
2. That LICENSEE shall pay to the CITY for the privilege hereby granted the sum of
_ _ _ _ _ _ _ _ _ _ _ _Dolllll's ($_ _ _~, per unit as described under Request, paragraph 1,
applicable to the current Master Fee Resolution. Such payment is to be made upon the signing of this
agreement to the City of Muskegon, and the privilege hereby granted shall continue for a period of five years
from said date and renewal payment as set in the Master Fee Resolution to continue in five year intervals due on
the first day of May unless sooner terminated as hereinafter provided.
3. INDEMNIFICATION. The LICENSEE shall indemnify and save harmless said GRANTOR of
and from any liability for claims, damages, costs, expenses, or fees, including any attorney fees, or fines or
awards brought against or charged to the CITY by any person, firm or corporation on account of or arising from
the privilege hereby granted to LICENSEE or the activities of the LICENSEE related to the encroachment or
this privilege. This indemnification obligation shall include all liabilities for environmental damage or releases
of hazardous substances subject to any governmental or third party action. "Hazardous substance" is defined as
any material constituting a prohibited or regulated substance under governmental Jaw, rule, statute or regulation
in force at any time, including future times.
4. INSURANCE. LICENSEE shall at all times carry liability insurance in such amounts as are
satisfactory to CITY, and issued by companies acceptable to the CITY, licensed iri the State of Michigan,
naming CITY as an additional insured on any such policy. LICENSEE will file yearly with the CITY
certificates or policies evidencing such insurance coverage. The insurance policies or certificates shall provide
that the CITY shall be given thirty days written notice before a cancellation or change in coverage may occur.
The types of coverage and coverage limits as required by City Engineer shall be as follows:
5. BONDING. Before this agreement permit becomes valid, LICENSEE shall file with the CITY a
bond conforming to the requirements of all applicable ordinances, and to cover removal of said encroachment in
part or whole, if essential for CITY to do so. This Bond shall keep same in force during the entire term of this
agreement.
6. The privilege hereby granted may be canceled and revoked in part or whole by the CITY at any
time upon giving said LICENSEE thirty (30) days of written notice of such cancellation and revocation; with no
refund of the fee required in paragraph 2 of Permit Agreement.
7. LICENSEE may surrender up the privilege hereby granted at any time upon giving notice in
writing to the CITY thirty (30) days prior to such surrender with no refund of the fee required in paragraph 2 of
Pemtlt Agreement; provided, however, that upon the volunwy relinquishment or abandonment of this privilege,
or upon cancellation or revocation thereof by the CITY, the LICENSEE shall remove any structure(s) erected
upon, within or overhanging the area of encroachment and restore the property at LICENSEE'S expense and in
O:\ENGJNEERfNG\COMMON\ENCROACHMENT AGREEMBNTS\Blank Emm:mchment Agreement and Pennit.doc
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a manner satisfactory to the CITY and in default thereof shall be liable to the CITY for any cost, damage or
expense the CITY may sustain in such restoration.
8. That should said LICENSEE fail or refuse to conform to any of the conditions on its part to be
performed hereunder, the privilege her.eby granted shall immediately terminate and become null and void.
9. This agreement shall be binding upon the respective heirs, representatives, successors and
assigns of the parties hereto.
Witnesses: CITY OF MUS
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AGENDA ITEM NO. _ _ _ _ _ _ __
CITY COMMISSION MEETING _ _ _ _ _ _ _ _ __
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: June 19, 2007
RE: Jurisdictional Transfer with Michigan Department of Transportation
SUMMARY OF REQUEST:
To approve the Memorandum of Understanding (MOU) with the Michigan Department of
Transportation (MOOT) for the jurisdictional transfer of the current US 31 Business Route
(Muskegon and Webster Avenues) to the City and transfer Shoreline Drive to MOOT, and
authorize the Mayor to sign the MOU. When this transfer transaction is complete, it will enable
Shoreline Drive to become the business route and will return Muskegon and Webster Avenues
to residential streets.
FINANCIAL IMPACT:
Remaining Build Michigan Ill grant funds will be available to the City to fund eligible street work.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the MOU and the attached resolution authorizing the Mayor to sign the MOU.
COMMITTEE RECOMMENDATION:
None.
pb\AGENDA\JURISDCTNL TRNSFR US31BR 061907
RESOLUT[ON
CITY OF MUSKEGON
2007-SS(a)
Resolution for Jurisdictional Transfer ofUS-31 Business Route, northbound and southbound to
the City of Muskegon and the Jurisdictional Transfer of Shoreline Drive to MDOT
WHEREAS, the City of Muskegon is interested in the public welfare, safety and economic
development of the community, and
WHEREAS, the City of Muskegon is in support of assuming jurisdictional control ofUS-31
Business Route, northbound/Muskegon Avenue (from 50 feet southwest of the centerline of
Ninth Street to a point 0.263 miles northeast of the centerline of Spring Street, for a total
segment distance of 1.29 miles) and US-3 I Business Route, southbound/Webster Avenue (from
50 feet southwest of the centerline of Ninth Street, to a point 0.168 miles northeast of the
centerline of Spring Street, for a total segment distance of 1.21 miles) from MDOT, thereby
making Muskegon and Webster City Streets, and
WHEREAS, the City of Muskegon is in support of transferring jurisdictional control of both
directions of Shoreline Drive (beginning at the US-31 Business Route/Seaway Drive, northerly
and easterly to the US-31 Business Route/Skyline Drive, for a total distance of approximately
l.70 miles) to MOOT
NOW THEREFORE, BE IT RESOLVED that the City of Muskegon authorizes Stephen
Warmington, Mayor to sign the Memorandum of Understanding relating to these transfers.
Signed this -1.~~11_ day of June , 2007.
Ayes: Spataro, Warmington, Wierenga, Carter, Davis, Gawron, and
Shepherd
Nays: None
CERTIFICATION
2007-55(a)
This resolution was adopted at a regular meeting of the City Commission, held on June 26, 2007.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
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. . ,\, ·., . 1l<-.jJ
. ..01:itt, ' .
Ann Marie Becker, MMC
City Clerk
MDOTNO. 2007-0617
AGENDA:CAB
MEMORANDUM OF UNDERSTANDING
BETWEEN
MICHIGAN DEPARTMENT OF TRANSPORTATION
AND
CITY OF MUSKEGON
I. PURPOSE
This Memorandum of Understanding is entered into this date of _ _ _ _ _ __
between the Michigan Department of Transportation (MDOT) and the City of Muskegon
(CITY) for the purpose of transferringjurisdiction of the road segments described in Part I of
Attachment A, dated May 2, 2007, from MDOT to the CITY, said road segments hereinafter
referred to as the "PART I ROAD SEGMENTS," and for the purpose of transferring
jurisdiction of the road segments described in Part II of Attachment A, dated May 2, 2007,
from the CITY to MDOT, said road segments hereinafter referred to as the "PART II ROAD
SEGMENTS." This Memorandum ofUnderstanding will begin upon award and will remain
in effect unless it is modified according to Section V below.
II. BACKGROUND
The PART I ROAD SEGMENTS are within the CITY boundaries and are no longer
functioning as a state trunklines. MDOT is willing to transfer jurisdictional control of the
PART I ROAD SEGMENTS to the CITY, and the CITY is willing to accept jurisdictional
control of the PART I ROAD SEGMENTS. The transfer of jurisdictional control of the
PART I ROAD SEGMENTS will make these roadways City Major Streets.
The PART II ROAD SEGMENTS provide a state trunkline function in that they connect to
and maintain continuity for the existing state trunkline system. The CITY is willing to
transfer jurisdictional control of the PART II ROAD SEGMENTS to MDOT, and MDOT is
willing to accept jurisdictional control of the PART II ROAD SEGMENTS. The transfer of
jurisdictional control of the PART II ROAD SEGMENTS will make these roadways state
trunklines.
1
MDOT and the CITY currently have in force a Municipal Trunkline Maintenance Contract
for portions of the state trunkline located within the Muskegon city boundaries.
III. AGREEMENT
Upon award and acceptance of this Memorandum of Understanding by both parties, the
parties agree to the following:
A. MDOT agrees:
1. To transfer jurisdictional control of the PART I ROAD SEGMENTS to the
CITY, and the CITY agrees to accept jurisdictional control of the PART I
ROAD SEGMENTS, thereby making these roadways City Major Streets.
2. To assume full jurisdictional control of the PART II ROAD SEGMENTS,
thereby making these roadways state trnnklines.
3. To accept maintenance responsibility and perform maintenance for thePART
II ROAD SEGMENTS for which jurisdictional control is transferred to
MDOT by this Memorandwn of Understanding.
4. To pursue modification of the current Municipal Trunkline Maintenance
Contract to reflect this Memorandwn of Understanding.
B. The CITY agrees:
1. To transfer jurisdictional control of the PART II ROAD SEGMENTS to
MDOT, and MDOT agrees to accept jurisdictional control of the PART II
ROAD SEGMENTS, thereby making these roadways state trunklines.
2. To assume full jurisdictional control of the PART I ROAD SEGMENTS,
thereby making these roadways City Major Streets.
3. To accept maintenance responsibility and perform maintenance for the PART
I ROAD SEGMENTS for which jurisdictional control is transferred to the
CITY by this Memorandum of Understanding.
4. To assume responsibility, costs, and liability for the maintenance and
operation and all future modifications required of the irrigation system that
was constructed along the PART II ROAD SEGMENTS.
5. To assume all responsibility for culvert maintenance and all future costs
related to Ryerson Creek along the PART I ROAD SEGMENTS.
2
6. To assume responsibility for providing new business information or
advertising signs for the PART II ROAD SEGMENTS. If any existing signs
are required to be moved, they will be moved by the CITY and will be paid
for by the CITY as previously agreed upon in MDOT Contract No. 2002-
0672, attached hereto as Attachment B.
C. The parties agree that the CITY will maintain the remainder of the State Build
Michigan Ill Funds granted to the CITY as provided in MDOT Contract No. 02-
5019, attached hereto as Attachment C, and as subsequently amended, said funds
hereinafter referred to as the "GRANT." The parties agree that the GRANT was
issued by the State of Michigan for the reconstruction and restoration of the PART II
ROAD SEGMENTS. The GRANT remainder will be maintained and expended by
the CITY in accordance with the requirements of Act 51, Public Acts of 1951,
Section 13, as amended.
D. The parties agree that no additional funding beyond the GRANT will be paid to the
CITY by MDOT for the jurisdictional transfer of the PART I ROAD SEGMENTS
and/or the PART II ROAD SEGMENTS.
E. Unless otherwise addressed by this Memorandum of Understanding, both parties
agree that the transfer of jurisdictional control of the PART I ROAD SEGMENTS
from MDOT to the CITY and the transfer of jurisdictional control of the PART II
ROAD SEGMENTS from the CITY to MOOT will include the transfer of utility,
operational, drive or right-of-way usage, and drainage permits, whether recorded or
otherwise; all bridges, culverts, signs, signals, and/or other structures or traffic
control devices; and any and all features and appurtenances now existing for highway
purposes on and along the PART I ROAD SEGMENTS and the PART II ROAD
SEGMENTS.
F. The parties agree that the jurisdictional transfer of the PART I ROAD SEGMENTS
are subject to the provisions of Act 296, Public Acts of 1969, Section 2. The parties
agree that the PART I ROAD SEGMENTS are not in need of renovation, repair,
and/or reconstruction, pursuant to Act 296, Public Acts of 1969; Section 2.
IV. TERM
This Memorandum of Understanding will take effect upon award and will remain in effect
unless it is modified according to Section V below.
V. MODIFICATION
This Memorandum of Understanding may be modified, in writing, upon the mutual
agreement of the parties. Any modification must be signed by the authorized representative
of each agency or his/her designee.
3
VI. SIGNATURE
This Memorandum of Understanding is entered into upon signing by the duly authorized
officials for the CITY and for MOOT.
CITY OF MUSKEGON
Title;
MICHIGAN DEPARTMENT OF TRANSPORTATION
"it,tn
Title: Director
r,
f;f['.°:
Michigan Department of Transportation l:t'::•,': ..
4
ATTACHMENT A
May 2, 2007
Part I
ROADWAY SEGMENTS proposed for Transfer from MDOT to the CITY, to become City Major
Streets:
US-31 Business Route, northbound/Muskegon Avenue, from a point 50 feet southwest of the
centerline of Ninth Street, northeasterly to a point 0.263 miles northeast of the centerline of
Spring Street, said point being approximately 150 feet south ofnorthbound Shoreline Drive, for
a total segment distance of approximately 1.29 miles, in control sections 61151 and 61153;
US-31 Business Route, southbound/Webster Avenue, from a point 50 feet southwest of the
· · centerline of Ninth Street, northeasterly to a point 0.168 miles northeast of the centerline of
Spring Street, said point being approximately 100 feet south ofnorthbound Shoreline Drive, for
a total segment distance of approximately 1.21 miles, in control sections 61151 and 61153;
Comprising a grand total distance of approximately 2.50 miles.
Partn
ROADWAY SEGMENTS proposed for Transfer from the CITY to MDOT, to become state
trunkline:
Both directions of Shoreline Drive, a divided highway facility, beginning at the US-31 Business
Route/Seaway Drive, a divided highway facility; thence northerly and easterly to the US-31
Business Route/Skyline Drive, a divided highway facility, for a total distance of approximately
1. 70 route miles.
NOTE: Page 2 of this Attachment A is a map which depicts the locations of the road segments
described above.
1
I
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in Muskegon
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---Muskegon to MOOT
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I, --State Trunkline
US-31 BR --Other
I I I I I IMap by MOOT, for 06/28/2007 STC
MDOT NO. 2002-0672
AGENDA: DAB
MICHIGAN DEPARTMENT OF TRANSPORTATION
CITY OF MUSKEGON
AGREEMENT
WHEREAS, The City of Muskegon. (the City) and the Michigan Department of Transportation
(MDOT), are jointly developing these roadway jurisdictional transfers; and ·
WHEREAS, the City has jurisdiction over Shoreline Drive from Southern Avenue to Terrace
Street; and ·
WHEREAS, . The City shall construct a new segment of Shoreline Drive (Shoreline Dr. Extension)
from Terrace Street to Business US-31 (US-31BR), as well as reoonstru_ct and/or
rehabilitate the existing segment between Southern Avenue and Terrace Street
(see attached map); and
WHEREAS, US-31BR, from south of Ninth Street to north of Eastern Street, are a pair of one-
way State Trunklines U(lder the jurisdiction of MDOT; and
WHEREAS, the City and MOOT will exchange jurisdiction of the aforementioned streets upon
completion and acceptance of construction, reconstruction, and/or rehabilitation of
Shoreline Drive, as described above, and per the conditions described in this
Agreement, and this transfer will be done under a separate agreement at that time.
NOW, THEREFORE, the City and MDOT agree as 'follows:
1. The City shall acqu_ire the necessary property at its expense, and ccmplete environmental
mitigation as required by the Phase II Environmental Review and by federal and state
regulations, and obtain MDOT approval of the required environmental clearance issues,
prior to and during construction. If additional costs are incurred during project
construction, for either the Shoreline Drive Extension or the existing Shoreline Drive
roadway, due to hazardous contaminated material disposal and/or other environmental
Issues, the City is required to pay 100% of the additional excavation costs, beyond.that
which would normally be classified as normal non-hazardous and/or non-hazardous
contaminated material excavation, as it relates to all disposal, handling and mitigation for
the Shoreline Drive Extension, as described above and on the attached map.
2. The City shall arrange for completion of design plans, engineering, and construction
including construction engineering (CE} of the Shoreline Drive Extension as described
herein, upon MOOT review and approval offinal design plans; the City shall advertise, let,
and award the project to the lowest bidder; MDOT also shall approve construction staging.
in coordination with other Muskegon area projects to minimize impacts o,:i the users of th,:
system. The City will be reimbursed for construction costs for the project through th,
transfer of state Build Michigan 111 funds to the City; specific terms and conditions of th!.
~,, .. ,.•-··· ··"''·'·"'·' -·-<•·
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)f-r shall be addressed by &l!p11ra1a agr0ement between the City and MOOT.
·. ng Items shall be the respective responslbllltles of the City and MOOT:
J\:'MOOT shall provide Build Michigan Ill funds not to exceed $11,850,000 for the
followlng predetermined, eligible items within the limits of the Shoreline Drive
Extension project and the reconstruction and rehabilitation of the existng section
between Terrace Street and existing US-31 BR (Southern Avenue): roadway
construction, roadway reconstruction. roadway rehabilitation, PE for the portion of
existing Shoreline Drive, CE, railroad relocat!TJn, standard traffic signals, streei-
lighting replacement. public utility pole relocation, relocation of existing public utility
service (as per MOOT guidelines for utility relocations), with the following
exceptions as listed in Items 2b, 2c, and 8 below;
b. The City shall provide the following items, including required audits, related to the
Shoreline Drive at its expense: street-lighting operations and maintenance,
including utility billings; all• sanitary force-main modifications and/or upgrades
resulting from existing condition defects; non-moforii:ed trail construction and all
. future maintenance; expansion and upgrades of existing utility service beyond
··existing facilities unless replaced as a direct conflict to the new construction (all
cost associated with replacement of existing utilities, due to age of the facility, will
be shared evenly by MDOT and the City and all upgrades to replaced utilities will
be at 100% city cost); and design engineering and environmental clearance per
previous agreements, including mitigation and cleanup of any additional
environmental issues discovered during the life of the construction project MOOT
shall have no responsibility for sanitary sewer force-main and its existing condition.
The City shall be responsible for all needed sanitary sewer upgrades, and to
assure its structural integrity for the Shoreline Drive Extension.
c. Local road (such as Western Avenue) modifications, outside the agreed on limits
of direct tie-ins to the Shoreline Drive, shall be the responsibility of the City.
d. The City shall be responsible for the design of the reconstruction project (as
approved by MOOT) on existing Shoreline Drive, from Fourth Street to Terrace
Street. In addition, the City shall be responsible for the design of the rehabilitation
project (as approved by MDOT) on existing Shoreline Drive, from existing US-
31 BR (north of Southern Avenue) to Fourth Street. The two segments mentioned
in this section shall be done separately from the Shoreline Drive Extension
construction project, but shall also be included in the Build Michigan Ill funding,
.with MOOT approval. This portion of the Build Michigan Ill funding will be part of
the total funding limit mentioned in section ·a• and ·any additional costs for these
projects will be at 100% City of Muskegon costs - per agreement).
3. The City'shall obtain MOOT approval of final design plans and environmental mitigation
plans prior to contract letting for construction, reconstruction, and rehabilitation of the
Shoreline Drive project. The City will arrange for advertising, letting, CE, construction of
the Shoreline Drive, designing, rehabilitation, and reconstruction of the existing Shoreline
Drive from Terrace Street to Southern Avenue, and will be reimbursed with Build Michigan
· 111 funds, per Item #2a above. It is further agreed that the City shall either perform the
above noted work or award the same to the lowest bidder.
. ~-·""-·''.'·•···,·, . ,' .... , ... ,·• -••····•"•,-...-, .
the 8Mrellne Dtlve Exteni1on IM d0acrltl@a h~r#in. ano upon
. }1qi'o!lne Drive lmprovementll III descrtbod lo Item 112 above, and
. f)ttn®.of lh!iail profects by MOOT, the City will transfer jurtsdictlonal control of
· orolfne Orlve, from south of Ninth. Street to north ot Sutern Avenue (MP to be
assigned), to MDOT to be a State Trunkline, designated aa a &egmant of the US-3i8R,
under a separate agreement.
5. The City shall, as long as the contract is in placa for such procedures, perform trunkline
highway maintenance of Shoreline Drive, for which Jurlsdlcllonat control will be transferred ·
to MDOT under a separate agreement, and receive reimbursement from the State for such
maintenance in accordance with the. duration, terms, and conditions of its existing
Municipal Trunkline Maintenance contract, and In accordance with any future Municipal
Trunkline Maintenance Contract as renewed and agreed upon by the City and MOOT.
6. . MOOT arranged for rehabilitation, at its expense, of US-31 BR from near Southern Avenue
to north US-3i during 1999. MOOT also made repairs on southbound US-31 BR at Spring
Street and on northbo(!nd US-31 BR between Eighth and Ninth Streets; this project was .
completed and accepted by MDOTin 1999, per contract 61153 / 45782. ·
7. Upon .completion of the Shoreline Drive Extension and reconstruction/rehabilitation of
exisiing Shoreline Drive as described herein, MDOTwlll transfer Jurisdiction of US-31 BR,
which includes the one-way pair of Webster Avenue and Muskegon Avenue, from south
of Ninth Street to north of Eastern Avenue (NB: South Spring Point of Ninth Street North
to North Spring Point of Eastern Street-CS 61151 BMP = 5.796 EMP ""6.066 and CS
61153 BMP:: 0.000 EMP 1.000; and SB: South Spring Point of Ninth Street North to
approximately 500 feet South of Eastern Street CS 61151 BMP = 5. 796 EMP 6.066 and
CS 61153 BMP = 0.000 EMP 0.860), to. the City, under a separate agreement. Upon
completion of the transfer, the City shall have complete responsibility and authority over
the referenced streets, including maintenance responsibility for these streets. MOOT will
have no further maintenance responsibilities or obligations for these referenced streets.
Upon transfer, the streets will become a part of the City's Street Plan and eligible for
maintenance cost reimbursement under Act 51. A separate agreement to transfer
Jurisdiction will be initiated between the City and MDOT•.
a. After the transfer of jurisdiction is completed, Right-of-Way (ROW) transfer will
take place and will be done as an easement for highway purposes. This process
will be initiated by MDOT and the City of Muskegon at a later date.·
b. MOOT will not own fee ROW for existing Shoreline Drive or the Shoreline Drive
Extension, but shall be in easement form for the above mentioned. segments. As
such, the City, not MDOT will be liable and responsible for all environmental and
other issues related to all Shoreline Drive ROW. In the event MOOT is the fee
owner of Muskegon and Webster, it shall convey ownership to the City. The
. respective environmental liabilities shall be governed by the laws of the State.
c. Liability and responsibility for the condition of the highway and streets under MCLA
691.1402 and the Liability Exemption Section of Part 201, ACT 451 (Section
20i 26) shall follow the transfers of jurisdiction,. regardless of fee ownership. No
liability. under the highway execption to governmental imrnvnity evidenced by that
statute or any successor or amendment thereof shall remain with either party after
. . m>'"'"•""''·''·e,·:- ···••"11•'-"'"''·!:~ff,)'f'r'""''"'"''''.,.,•...••.,,..,~···""'"'"''""""'-"-~"""''""'-•·<''""'"="•"~"--·-.
'"~'""",a006n h11SP(!Gn trai'l-fB~~: '.
- laxlstln~ traffic a_nd parking control!, lqG!u5!Jn9 apeed limits, parking regulations, truck
restrictions, traffic signs and &lgn11ts;·fl-1Jl1vomonl marking$ (on the street segments
defined, for which jurisdictional contt'QI Willl>e 1ransr1med to MDOT), will be retained by
MOOT after the jurisdictional transfGr~ under a separate agreement, so long as--
traffic operations are not negatively 6ci®, Any future changes to the existing traffic
controls, or placement of new control! or dlWlooa, and maintenance on these transferred
streets within the City, will be done In. con&ultaUon with the City, per existing MDOT
procedures, policies, and agreement& for_irlm1(ffmnoutes withinihe City. .
.,-
·t' . •
a. MDOT will participate in th~~sfdf :Wfflc signals which meet MDOT's current
st.andards and as provided :!n ·UY& eummt signal maintenance agreements.
Additional costs to provide deool'.llive !raffle signals shall be 100% paid by the City
of Muskegon. The City of Muskegon wlll also be responsible for providing all
r13placement parts required for llny and all decorative traffic signals, within this
.Shor~lfne Drive corridor. ·
''b, . - MDOT will not participate in the cost of placing _new business informational or
advertising signs as part of the Shoreline Drive Extension or existing roadway
projects as described herein, If any existing signs are required to be moved, they
will be moved by the City and shall be paid for by the City,
9. In accordance with MDOT's guidelines for public participation in planning such projects,
MOOT and the Citywilf jointly provide opportunities for public input and involvement before
implementing any future major Improvement projects on the street segments described
herein, for which jurisdictional control will be transferred to MOOT.
!~WITNESS W~OF, the parties hereto have caused this Agreement to be executed on this
. day of , , 2002. ·
WITNESSES:
Gall A. Kundinger, Clerk
WITNESSES: STATE OF MICHIGAN
DEPARTMENT OF TRANSPORTATION:
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By:
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BUILD MICHIGAN III CAB
APR l 5 2002
NON FED Job Number 56;lY,i ~9.5J7. -- , .• ~
Control Section MPf'lft\:~i~:' ~l 15lf;.
Contract No. 02-5019
THIS CONTRACT is made and entered into this date of.JUL 2 3 2.0U2 , by and
between the MICHIGAN DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the
"DEPARTMENT;" and the CITY OF MUSKEGON, a Michigan municipal corporation, hereinafter
referred to as the "REQUESTING PARTY;" for the purpose of fixing the rights and obligations of
the parties in agreeing to the following improvements, in the City of Muskegon, Michigan,
hereinafter referred to as the "PROJECT" and estimated in detail on EXHIBIT "I," dated March 26,
2002, attached hereto and made a part hereof:
PART A-MBS 61153: JOB# 56028
New construction work for the Shoreline Drive Connector from Highway US-3 IBR to the
existing Shoreline Drive at Terrace Street; and all together with necessary related work.
PART B - MBS 61151: JOB# 59527
Coldmilling and bituminous resurfacing work along Shoreline Drive from the existing
Highway US-3 lBR northerly to Fourth Street and Pavement and removal and replacement
work along Shoreline Drive from Fourth Street northerly to Terrace Street; and all together
with necessary related work.
WITNESSETH:
·wHEREAS, the State of Michigan is hereinafter referred to as the "State;" and
WHEREAS, the PROJECT has been approved for financing in part with State Build
Michigan III Funds; and
WHEREAS, the parties hereto have reached an understanding with each other regarding the
· performance of the PROJECT work and desire to set forth this understanding in the form of a written
contract.
NOW, THEREFORE, in consideration of the premises and of the mutual undertakings of the
parties and in conformity with applicable law, it is agreed:
I. _The parties hereto shall undertake and complete thp.f JWf&CiT _in accordance with
the terms ofth1s contract. . 1\ i.- \.., t. I V t. -·
CITY OF MIJSKEGON
1
JUL o9 2002
1/2/02 BMIIIDIR.WPD 4/5/02 1.
2. The term "PROJECT COST", as herein used, is hereby defined as the cost of the
construction or reconstruction of the PROJECT, including the costs of preliminary engineering,
plans, and specifications for the PART B portion of the PROJECT; physical construction necessary
for the completion of the PROJECT; and engineering, legal, appraisal, financing, and any and all
other expenses in connection with any of the above, except for those costs otherwise specified in this
contract.
The costs incurred by the REQUESTING PARTY for preliminary engineering for the PART
A portion of the PROJECT and right-of-way are excluded from the PROJECT COST as defined by
this contract. The preliminary engineering perfonned by the REQUESTING PARTY for the PART
A portion of the PROJECT work is covered by a separate contract (#95-0842 as amended by
#00-5445) under job number 38765.
3. The DEPARTMENT is authorized by the REQUESTING PARTY fo perform, at no
cost to the PROJECT, such administration of PROJECTS covered by this contract as is necessary
to assist the REQUESTING PARTY to qualify for funding. Such administration may include
performing such review, legal, financing, any other PROJECT related activities as are necessary to
assist the REQUESTING PARTY in meeting applicable State requirements.
The DEPARTMENT shall make a final acceptance inspection of the PROJECT as necessary
· to ensure the PROJECT meets State requirements. Failure to comply with State requirements may
result in forfeiture of future distributions of the Michigan Transportation Fund as described in
Section 8. No charges will be made by the DEPARTMENT to the PROJECT for any inspection
work or construction engineering. ·
4. The REQUESTING PARTY shall perform or cause to be performed all the
PROJECT work. It is understood that portions or all of the PROJECT work will be placed under
contract by the REQUESTING PARTY. The perfonnance of the PROJECT work will be subject
to the following conditions:
A. The REQUESTING PARTY, at PROJECT COST, shall appoint a project
engineer who shall oversee the PROJECT and ensure the PROJECT work is
performed in accordance with this contract.
B. The REQUESTING PARTY will design or cause to be designed the
PROJECT and shall accept full responsibility for that design. Any review
undertaken by the DEPARTMENT is for its own purposes and is not to nor
does it relieve the REQUESTING PARTY ofliability for any claims, causes
of action or judgments arising out of the design of the PROJECT.
1/2/02 BMITIDiR.WPD 3/28/02 2
C. Should all or portions of the PROJECT work be accomplished by a
consulting firm, a railway company, or governmental agency, firm, person,
or corporation, under a subcontract with the REQUESTING PARTY at
PROJECT expense, such subcontracted arrangements will be covered by
formal writteu agreement between the REQUESTING PARTY and that party.
_This formal written agreement shall: include a reference to the specific prime
contract to which it pertains; include provisions which clearly set forth the
maximum reimbursable and the basis of payment; provide for the
maintenance of accounting records in accordance with generally accepted
accounting principles, which clearly document the actual cost of the services
provided; provide that costs eligible for reimbursement shall be in accordance
with clearly defined cost criteria such as 49 CFRPart 18, 48 CFR Part 31, 23
CFRPart 140, 0MB Circular A-87, etc. as applicable; provide for access tci
the DEPARTMENT or its representative to inspect and audit all data and
records related to the agreement for a minimum of three years after the
DEPARTMENT'S final payment to the REQUESTING PARTY.
All such agreements will be submitted for approval by the DEPARTMENT.
Any such approval by the DEPARTMENT shall in no way be construed as
a warranty of the subcontractor's qualifications, financial integrity, or ability
to perfoan the work being subcontracted.
D. All work by a consulting firm will be performed in compliance with the
applicable provisions ofl980 PA 299, Subsection 201, MCL 339 .2001; MSA
18.425(2001).
E. The REQUESTING PARTY, hereby, certifies to the DEP ARTMENTthatthe
plans, specifications, and estimates for the PROJECT have been prepared in
compliance with applicable State laws, local ordinances, and State and local
standards and regulations.
F. The REQUESTING PARTY, hereby, certifies to theDEP ARTMENTthatthe
contracting procedures to be followed by the REQUESTING PARTY in
connection with the solicitation of the construction contract for the PROJECT
shall be based on an open competitive bid process. It is understood that the
proposal for the PROJECT shall be publicly advertised and the contract
awarded on the basis of the lowest responsive and responsible bid in
accordance with applicable State statutes, local ordinances, and State and
local regulations.
1/2/02 BMIIIDIR.WPD 3/28/02 3
G. The REQUESTING PARTY, at no cost to the PROJECT or the
DEPARTMENT, will comply with all applicable State statutes, local
ordinances, and State and local regulations, including, but not limited to,
those specifically relating to construction contract administration and obtain
all permits and approvals with railway companies, utilities, concerned State,
Federal, and local agencies, etc., and give appropriate notifications as maybe
necessary for the performance of work required for the PROJECT.
The REQUESTING PARTY agrees to comply with all applicable
requirements of Part 91, Soil Erosion and Sedimentation Control of the
Natural Resources and Enviromnental Protection Act, 1994 PA 451 as
amended by 1995 PA 60 and 1996 PA 173, MCL 324.9101 et. seq., for all
P_ROJECT work performed under this contract, and the REQUESTING
PARTY shall require its contractors and subcontractors to ·comply with the
same.
H. The REQUESTING PARTY, at PROJECT COST, shall appoint a project
engineer who shall be in responsible charge of the PROJECT and ensure that
the plans and specifications are followed, and shall perform or cause to be
performed the construction engineering and inspection services necessary for
the completion of the PROJECT.
Should the REQUESTING PARTY elect to use consultants for construction
engineering and inspection, the REQUESTING PARTY shall provide a full-
time project manager employed by the REQUESTING PARTY who shall
ensure that the plans and specifications are followed.
I. The REQUESTING PARTY shall provide all construction engineering and
inspection necessary for the PROJECT; however, the DEPARTMENT may,
at its own expense, provide a competent inspector. Said inspector, acting
through the REQUESTING PARTY'S engineer, shall have the right to reject
any or all portions of the work which are not executed pursuant to the plans
and specifications.
J. The REQUESTING PARTY shall require the contractor who is awarded the
contract for the construction of the PROJECT to provide, as a minimum,
insurance in the amounts specified in and in accordance with the
· · DEPARTMENT'S current Standard Specifications for Construction, and to:
(1) Maintain bodily injury and property damage insurance for the
duration of the PROJECT.
1/2/02 BMTIIDIR.WPD 3/28/02 4
(2) Provide owner's protective liability insurance naming as insureds the
State of Michigan, the Michigan State Transportation Commission,
the DEPARTMENT and its officials, agents and employees, the
REQUESTING PARTY and any other party with jurisdiction for the
roadway being constructed as the PROJECT, and their employees, for
the duration of the PROJECT and to provide copies of certificates of
insurance to the insureds. It is understood that the DEP ART:v!ENT
does not assume either ownership of any_portion of the PROJECT or
jurisdiction of any REQUESTING PARTY highway as a result of
being named as an insured on the owner's protective liability
insurance policy.
(3) Comply with the requirements of notice of cancellation and reduction
of insurance set forth in the current Standard Specifications for
Construction and to provide copies ofnotices and reports prepared to
those insured.
K. The REQUESTING PARTY shall be responsible for the payment ofall costs
and expenses incurred in the performance of PROJECT work.
L. The REQUESTING PARTY shall notify the DEPARTMENT:
(1) Within thirty (30}days of the completion of preliminary engineering
for the PART B portion of the PROJECT.
(2) Thirty (30) days prior to the anticipated opening of the PROJECT to
traffic and certify that the PROJECT has been constructed in
accordance with the PROJECT plans, specifications, and construction
contract.
5. The_PART A and B portions of the PROJECT COST shall be met by contributions
by State Build Michigan ill Funds. State Build Michigan ill Funds shall be applied to the eligible
items of the PART A and B portions of the PROJECT COST up to an amount not to exceed
$8,800,000 and $3,050,000, the respective grant amounts. The balance, if any, of the PART A and
: B portions of the PROJECT COST, after deduction of State Build Michigan ill Funds, is the sole
responsibility of the REQUESTING PARTY.
Costs for PROJECT work performed by the REQUESTING PARTY that are eligible for
payment under this contract will be based on the actual labor, material, and equipment supp lied by
the REQUESTING PARTY for the PROJECT and under the REQUESTING PARTY'S direct
control. Costs for PROJECT work performed under subcontract with the REQUESTING PARTY
that are eligible for payment under this contract will be based on the terms and conditions set forth
in the formal written agreement between the REQUESTING PARTY and the subcontractor and
approved by the DEPARTMENT as applicable.
1/2/02 BMIIJDIR.WPD 3/28/02 5
It is understood that payment of costs is subject to cost criteria set forth in Section 4C and
anychauges in the scope of work for the PROJECT will require approval by the DEP ARTrvlENT.
Upon receipt of the"Request for Payment Fonn" from the REQUESTING PARTY, the
DEPARTMENT will authorize payment to the REQUESTING PARTY for one halfofthe eligible
· grant amounts upon execution of this contract and the balance of the eligible grant amounts six (6)
months after execution of this contract.
6. The REQUESTING PARTY shall begin the perfonnance of the PROJECT work
within six (6) months of the execution of this contract and proceed with the PROJECT work in
a
accordance with reasonable schedule as agreed upon by all parties to this contract.
7. The REQUESTlNG PARTY agrees that the costs reported to the DEPARTrvlENT
for this contract will represent only those items that are properly chargeable in accordance with this
contract. The REQUESTING PARTY also certifies that it has read the contract terms and has made
itself aware of the applicable laws, regulations, and terms of this contract that apply to the reporting
of costs incurred under the terms of this contract.
8. The REQUESTING PARTY shall establish and maintain adequate records and
accounts relative to the cost of the PROJECT. Said records shall be retained for a period of three
(3) years after completiou of construction of the PROJECT and shall be available for audit by the
DEPARTMENT. In the event of a dispute wi.th regard to allowable expenses or any other issue
under this contract, the REQUESTlNG PARTY shall continue to maintain the records ·at least until
that dispute has been finally decided and the time after all available challenges or appeals of that
decision has expired.
The DEPARTMENT, or its representative, may inspect, copy, or audit the records at any
· reasonable time after giving reasonable notice.
The REQUESTING PARTY shall submit to the DEPARTMENT certified costs for
preliminary engineering for the PART B portion of the PROJECT within three (3) months of
completion and shall make a final reporting of construction costs and all items of PROJECT COST
related thereto within six (6) months of completion of the PROJECT.
In the event that an audit performed by or on behalf of the DEPARTMENT indicates an
adjustment to the costs reported under this contract or questions the allowability of an item of
·. expense, the DEPARTMENT shall promptly submit to the REQUESTING PARTY a Notice of
Audit Results and a copy of the audit report which may supplement or modify any tentative findings
· verbally communicated to the REQUESTING PARTY at the completion of an audit.
Within sixty (60) days after the date of the Notice of Audit Results, the REQUESTING
· PARTY shall: (a) respond in writing to the responsible Bureau or the DEPARTMENT indicating
· li2l02 BMIIIDIR.WPD 3/28/02 6
whether or not it concurs with the audit report, (b) clearly explain the nature and basis for any
disagreement as to a disallowed item of expense, and (c) submit to the DEPARTMENT a written
explanation as to any questioned or no opinion expressed item of expense; hereinafter referred to as
the "RESPONSE". The RESPONSE shall be clearly stated and provide any supporting
documentation necessary to resolve any disagreement or questioned or no opinion expressed item
of expense. Where the documentation is voluminous, the REQUESTING PARTY may supply
appropriate excerpts and make alternate arrangements to conveniently and reasonably make that
documentation available for review by the DEPARTMENT. The RESPONSE shall refer to and
apply the language of the contract. The REQUESTING PARTY agrees that failure to submit a
RESPONSE within the sixty (60) day period constitutes agreement with any disallowance of an item
of expense and authorizes the DEPARTMENT to finally disallow any items of questioned or no
· opinion expressed cost. ·
· The DEPARTMENT shall make its decision with regard to any Notice of Audit Results and
RESPONSE within one hundred twenty (120) days after the date of the Notice of Audit Results. If
the DEPARTMENT determines that an overpayment has been made to the REQUESTING PARTY,
the REQUESTING PARTY shall repay that amount to theDEP ARTMENT orreach agreement with
the DEPARTMENT on a repayment schedule within thirty (30) days after the date of an invoice
from the DEPARTMENT. If the REQUESTING PARTY fails to repay the overpayment or reach
agreement with the DEPARTMENT on a repayment schedule within the thirty (30) day period, the
REQUESTING PARTY agrees that the DEPARTMENT shall deduct all or a portion of the
.overpayment from any funds then or thereafter payable by the DEPARTMENT to the
REQUESTING PARTY under this contract or any other agreement, or payable to the
REQUESTING PARTY under the terms of 1951 PA 51, as applicable. Interest will be assessed on
any partial payments or repayment schedul·es based on the unpaid balance at the end of each month·
until the balance is paid in full. The rate of interest will be based on the Michigan Department of
Treasury common cash funds interest earnings. The rate ofinterest will be reviewed annually by the
DEPARTMENT and adjusted as necessary based on the Michigan Department ofTreasury common
cash funds inter.est earnings. The ·REQUESTING PARTY expressly consents to this withholding
or offsetting of funds under those circumstances, reserving the right to file a lawsuit in the Court of
Claims to contest the DEPARTMENT'S decision only as to any item of expense the disallowance
of which was disputed by the REQUESTING PARTY in a timely filed RESPONSE.
The REQUESTING PARTY shall comply with the Single Audit Act of 1984, P.L. 998-502
and applicable State laws and regulations relative to audit requirements.
9. The DEPARTMENT is entering into this contract to enable the REQUESTING
PARTY to obtain and use funds provided by the State.
Any and all approvals of, reviews of, and recommendations regarding contracts, agreements,
permits, plans, specifications, or documents, of any nature, or any inspections of work by the
DEPARTMENT pursuant to the terms of this contract are done to assist the REQUESTING PARTY
in meeting program guidelines in order to qualify for available funds.
1/2/02 BMIBDIR.WPD 3/28/02 7
The providing of recommendations or advice by the DEPARTMENT does not relieve the
REQUESTING PARTY of its exclusive jurisdiction of any of its highways and responsibility under
MCL691.1402, MSA 3.996(102).
When providing approvals, reviews and recommendations under this contract, the
DEPARTMENT is perfonning a governmental function, as that tennis defined in MCL 691.1401;
MSA 3.996(101), which is incidental to the completion of the PROJECT.
10. The DEPARTMENT, by executing this contract, and rendering services pursuant to
this contract, has not and does not assume jurisdiction of any REQUESTING PARTY highway for
purposes ofMCL 691.1402; MSA 3.996(102). Exclusive jurisdiction of such highway for the
purposes ofMCL 691.1402; MSA3.996(102) rests with the REQUESTING PARTY.
11. In addition to any protection afforded by a policy of insurance, the REQUESTING
PARTY agrees to indemnify .and save hannless the State of Michigan, the Michigan State
Transportation Commission, the DEPARTMENT and all officers, agents, and employees thereof:
A. From any and all claims by persons, !inns, or corporations for labor,
materials, supplies or services provided to the REQUESTING PARTY in
connection with the contract which the REQUESTING PARTY shall perform
under the tenns of this contract; and
B. From any and all claims for injuries to, or death of, any and all persons, for
loss of or damage to property, environmental damage, degradation, response
and cleanup costs, and attorney fees or other related costs, arising out of,
under, or by reason ofthe Agreement, including the design of the PROJECT,
except claims resulting from the sole negligence or wilful acts or omissions
of said indemnitee, its agents or employees.
The DEPARTMENT shall not be subject to any obligations or liabilities by contractors of
the REQUESTING PARTY or their subcontractors or any other person not a party to this contract
without its specific consent and notwithstanding Its concurrence in or approval of the award of any
contract or subcontract or the solicitation thereof.
It is expressly understood and agreed that the REQUESTING PARTY shall take no action
or conduct which arises either directly or indirectly out ofits obligations, responsibilities, and duties
under this contract, which results in claims being asserted against or judgments being imposed
against the State of Michigan, the DEPARTMENT, and/or the Michigan State Transportation
Commission.
In the event that the same occurs, for the purpose of this contract, it will be considered as a
. breach of this contract thereby giving the State of Michigan, the DEPARTMENT, and/or the
Michigan State Transportation Commission a right to seek and obtain any necessary relief or remedy,
including but not by way oflimitation, a judgment for money damages.
1/2/02 BMIIIDIR..WPD 3/28/02 8
12. In connection with theperfonnance of PROJECT work under this contract the parties
hereto (hereinafter in Appendix "A" referred to as the "contractor") agree to comply with the State
of Michigan provisions for "Prohibition of Discrimination in State Contracts," as set forth in
Appendix A, attached hereto and made a part hereof. The parties further covenant that they will
comply with the Civil Rights Acts of 1964 being P.L. 88-352, 78 Stat. 241, as amended, being Title .
42 U.S.C. Sections 1971, 1975a-1975d, and 2000a-2000h-6, and will require similar covenants on
the part of any contractor or subcontractor employed in the performance of this contract.
13. This contract shall become binding on the parties hereto and of full force and effect
upon the signing thereof by the duly authorized officials for the parties hereto and upon the adoption
of the necessary resolution approving said contract and authorizing the signatures thereto of the
respective officials of the REQUESTING PARTY, a certified copy of which resolution shall be
attached to this contract; and with approval by the State Administrative Board.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
day and year first above written.
CITY OF MUSKEGON MICHIGAN DEPARTMENT
OF TRANSPORTATION
By_:--c'f-..,,,.,.,SL,____Lc'.==~=---
Title: Gail Kundinger,
APPROVED MICHIGAN
TRANSPORTATION
COMMISSION
4-15 -6~
1/2/02 BMillDIR.WPD 3/28/02 9
March 26, 2002
EXHIBIT I
JOB NUMBER 56028;59527
CONTROL SECTION MES 61153; MBS 61151
ESTIMATED COST
PART A PARTB TOTAL
Estimated PROJECT COST $8,800,000 $3,050,000 $11,850.000
ESTIMATED COST PARTICIPATION
GRAND TOTAL ESTIMATED COST $8,800,000 $3,050,000 $11,850,000
Less State Build Michigan ill FUI1ds* $8,800.000 $3,050.000 $11,850.000
BALANCE (REQUESTING PARTY'S SHARE) $ -0- $ -0- $ -0-
NO DEPOSIT
*State Build Michigan ill Funds for the p ART A and B portions of the PROJECT are limited to
. $8,800,000 and $3,050,000, the respe_ctive grant amounts. PART A and B portions (funding
amounts) can be modified with a future amendment tci this agreement, with the total of PART A and
PART B not to exceed $11,850,000, as approved and processed by MOOT.
1/2/02 BMIIlDJR.WPD 6/25/02 10
APPENDIX A
PROHIBITION OF D!SCR!M[NAT!Oi'i !N STAT£ CONTRACTS
[n connection with the performance of work under this contract; the contractor agrees as follows:
1. [n accordance with Act No . .453 1 Public Acts oft 976, the contractor hereby agrees n.ot to discriminnte ugainst an emplo;ee
or·appiicant for emptoymen t with respect to hire. tenure, terms. conditions. or privileges of employment. or as a matter
directly or indirectly related to employment, because of race, color, religion, national origin, nge, sex. height, weight. or
marital status. Further, in accordance with Act No. 220, Public Acts of 19i6 as amended by Act No. ~78. Public Acts of
l 980 the contrac~or hereby agrees not to discriminate ag'Jinst an employee or applicant for employrnent with resp!.!ct to
hire! tenure. terms, conditions, or privileges of employment. or a matter directly or indirectly related to employmt!nt.
because of a disability that is unrelated to the individual's ability to perform the duties of a particular job or position .
.A breach of the above covenants shall be regarded as a material breach of this contract.
2. The contractor hereby agrees that any and all subcontracts to this contract. whereby a portion of the work set forth in
this contract is to be perfo.rmed, shall contain a covenant the same as hereinabove set forth in Section l of this Appendix.
3~ The contractor will take affirmative a<:tion to insure that npplkants for employment and employees are treated without
regard to their race1 color, religion, national origin, age, sex, height, weight; marital status or a disability that is·unrehted
'to the individual's ability to perforin the duties of a particular job or position. Such action shall include, but not be limited
to, the foUowing: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of
puy or other forms of compensation; and selection for training, including apprenticeship.
4. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that
all qualified applicants will receive consideration for employment without regard to race-, cotor1religion: national origin,
age, sex, height, weight, marital status or disability that is unrelated to the individual's ability to perform the duties of a
particular job or position.
5. The contractor or his collective bargaining representative will send to each tabor union or representatjve of workers with
which he has a collective bargaining agreement or other contractor understanding, a notice advising the said labor union
or workers' representative of the contractor's commitments under this appendix.
6. The contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil
•Rights Commission which may ·be in effect prior to the taking of bids for any individual state project.
7. The contractor will furnish and file compliance reports within such time and upon such forms as provided by the Michigan
Ciyil Rights Commission, said forms may also elicit informntion as to tl:te practices, policies, program, a.nd employment
statistics of each subcontractor as well as the contractor himself, and said contractor wUI permit access to his books,
records, and accounts by the Michigan Civil Rights Commission and/or its agent, for purposes of investigation to ascertain
compliance with this contract and relevant with rules, regulations, and orders of the Michigan Civil Rights Commission.
8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to Its rules, that a contractor has not
complied with the contractual obligations under this agreement. the Civil Rights Corninission may, as part of its order
based upon such findings, certify said findings to the Administrative Board of the State of Michigan, which Administrative
Board may order the cancellation of the contract found to have been violated and/or declare the contractor ineligible for
· future contracts with the state and its political and civil subdivisions, departments,·and officers, and including the
goverIJin.g boards of institutions of higher education 1_ until the contractor complies with said order of the Civil Rights
Commission. Notice of said declaration of future ineligibility may be given to any or all of the persons with whom the
eon tractor is declared ineligible to contra.ct as a c·ontracting party in future contracts. In any case before the Civil Rights
Commission in which cancellation of an existing contract is a possibility, the contracting agency shalt be notified of such
·possible remedy and shall be given the option by the Civil Rights Commission to parti!:ipate in such proceedings.
9. The contractor will include, or incorporate by reference., the provisions of the foregoing paragraphs (.1) through (S) in
every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan CivU Rights
Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each
subcontractor or seller. March. 1998
Date: June 26, 2007
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Engineering Services Agreement for Engineering Services with Wade
Trim
SUMMARY OF REQUEST:
Authorize staff to enter into an engineering services agreement with Wade Trim Inc. out
of Grand Rapids to provide design, plans, specifications and bidding documents for the
Muskegon & Webster conversion into two way streets. The scope of services consists
of new traffic signals at th Street as well as signal modifications at Terrace Street for a
total fee of $18,600.
Wade Trim is being recommended for four main reasons:
A- we already have a contract with them for two other projects, signal installation at
Harvey & Marquette and traffic signals modifications along Laketon Ave. Corridor
on which they have done an excellent job thus far.
B- Wade Trim is the engineer that assembeled the conceptual plans of the
conversirsion and provided recommendations which had been reviewed by the
downtown group and the state.
C- The proposed fee of $18,600 is very reasonable
D- Deadline to meet the commuinty's desire to convert Muskegon & Webster into
two way streets shortely after labor day of this year makes it difficult to slocit and
review other proposals at this time.
FINANCIAL IMPACT:
The engineering fee of $18,600 for the design and specifications plus construction
engineering at an additional 15%.
BUDGET ACTION REQUIRED:
None, the cost is budgeted for.
STAFF RECOMMENDATION:
Authorize staff to enter into an agreement with Wade Trim Inc.
COMMITTEE RECOMMENDATION:
ISO 9001:2000 Hegistered
WADETRIM
June 15, 2007
City of Muskegon
933 Terrace Street
PO Box 536
Muskegon, Ml 49443-0536
Attention: Mr. Mohammed AI-Shatel, PE
City Engineer
Re: Preparation of Bidding Plans for the Muskegon/Webster Two Way Traffic Conversion
and the Seventh Street Traffic Signal Installations
Dear Mr. AI-Shatel:
Based on a review of our previously submitted two way traffic conversion plans, and our
subsequent conversations, we have developed a scope of services to prepare a bid
package for the Muskegon/Webster Two Way Traffic Conversion and the Traffic Signal
Installations at Seventh Street and Muskegon Avenue and Seventh Street and Webster
Avenue. The traffic signal installation plans and two way traffic conversion plans will be
packaged together in order to save on both design and construction costs.
The bid package for the Muskegon/Webster Two Way Traffic Conversion and the Seventh
Street Traffic Signal Installations will include the following:
• A title sheet
• A legend and construction notes sheet
• Traffic signal plan sheets for the four (4) intersections requiring full
modernization:
1. Seventh Street at Muskegon Avenue (Diagonal span)
2. Seventh Street at Webster Avenue (Diagonal span)
3. Terrace Street at Muskegon Avenue (Box span)
4. Terrace Street at Webster Avenue (Box span)
• Simplified traffic signal plan sheets for the remaining thirteen (13) affected
intersections along the Webster Avenue and Muskegon Avenue corridor
• Traffic signal detail sheets
• Two way traffic conversion signing and pavement marking plans
Wade Trim, Inc. 616,363.8181
2944 Fuller Avenue, N.E. 800.931.9135
Grand Rapids, MI 49505 616.363.5656 fax
www.wadetrim.com
·•·•••·iiilM;iilill·iiiiiii44·11Wi·illii·ilii·lih·IWliiii44111
City of Muskegon
June 15, 2007
Page 2
• Two way traffic conversion implementation plan sheet
• All necessary special provisions for construction
• Engineers estimate.
The City of Muskegon will provide survey for the four (4) intersections requiring full
modernization, as listed above. This survey should be submitted electronically to Wade
Trim, and will be used for the traffic signal base files.
The traffic signal plan sheets for the four (4) intersections requiring full modernization will
include a removal plan, a removal wiring diagram, an installation plan, an installation wiring
diagram, a materials list, span and wattage calculations, and utility coordination notes.
The simplified traffic signal plan sheets for the eleven (11) intersections requiring vehicle
head and case sign replacements will include an intersection sketch, installation wiring
diagram, a materials list, and span and wattage calculations.
The two way traffic conversion signing and pavement marking plans will detail measurement
and pay items for the signing and pavement marking removal and installation. The
conversion implementation plan will detail the implementation techniques and maintenance
of traffic methods recommended for the two way traffic conversion on Muskegon Avenue
and Webster Avenue.
Preliminary copies of the bid package will be provided for your review and comment. All
comments and revisions will be incorporated into the final set of plans.
We propose to complete the services, as described above, for a not to exceed fee as
detailed below:
• Part I - Preparation of Bidding Plans for the Muskegon/Webster Two Way
Traffic Conversion, including the full traffic signal modernization at Terrace
Avenue and Muskegon Avenue and Terrace Avenue at Webster Avenue:
$12,600.
• Part II - Preparation of Traffic Signal Installation Plans at Seventh Street and
Muskegon Avenue and Seventh Street and Webster Avenue: $6,000.
Both Part I and II will be packaged together for a total of $18,600. Any additional services
will be billed at our standard hourly billing rates.
City of Muskegon
June 15, 2007
Page 3
If you have any questions regarding the above information, or wish to make changes to the
scope of the project, please feel free to contact us at (616) 363-8181. We look forward to
working with you on this project.
Very truly yours,
2;1'.inc·13~ ~ L-,,/2.,VM
Terry A. 1§/rt~ls, PE
1~~~~osserd Principal
Transportation Engineer
JNB:TAB:alt
AAA8010.07N
R:\letter proposals\transportation\Muskegon, MI\MuskegonWebster\MuskegonWebster_SeventhSt_061507.doc
AGENDA ITEM NO. _ _ _ _ _ _ __
CITY COMMISSION MEETING _ _ _ _ _ _ _ _ __
TO: Honorable Mayor and City Commissioners
FROM: Bryon Mazade, City Manager
DATE: June 22, 2007
RE: Liquor License Transfer, D & L of Michigan, LCC
435-441 W. Western Avenue
SUMMARY OF REQUEST:
Recommend approval to the Liquor Control Commission of a request from D & L of Michigan,
LLC to transfer ownership of 2006 Class C Licensed Business with Dance Permit, located in
escrow at 3621 Getty, Norton Shores, Ml 49444, from North-Saylor, Inc.; transfer location to
435-441 W. Western Avenue, Muskegon Ml 49440, Muskegon County; cancel existing Outdoor
Service (1 area); requests a New SOM License to be held in conjunction; and requests a New
Entertainment Permit and New Outdoor Service (1 area).
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Approve; final inspections are complete.
COMMITTEE RECOMMENDATION:
None.
pb\AGENDA\D&L SOM LIQ LIC 062207
City Manager's Office
Memo
To: Mayor Warmington & City Commissioners
From: Bryon L. Mazade, City Manager
Date: June 22, 2007
Re: Liquor License Request, D & L of Michigan, LCC, for
435-441 W. Western Avenue
You may recall that on January 23, 2007 the Commission recommended approval of
this liquor license request, contingent upon final inspection.
In light of the contingency, the Liquor Control Commission requires City Commission
recommendation upon completion of the final inspection. Final inspection was
recently performed and was acceptable.
I am requesting the City Commission recommend approval of the request from D &
L of Michigan, LLC to transfer ownership of 2006 Class C Licensed Business with
Dance Permit, located in escrow at 3621 Getty, Norton Shores, Ml 49444, from
North-Saylor, Inc.; transfer location to 435-441 W. Western Avenue, Muskegon Ml
49440, Muskegon County; cancel existing Outdoor Service (1 area); requests a New
SOM License to be held in conjunction; and requests a New Entertainment Permit
and New Outdoor Service (1 area).
/pb
pmbVBLM O&L UQ UC REQ 062207
• Page 1
Request ID# 380192 :=J
2007 -5 5(c)
RESOLUTION
At a _ _R_e_g_u_l_a_r_ _ _ _ __ _ _ meeting of the ___c_i""""t_y_ C_o_m_m
_1_·s_s_io
_ n _ __ __
(Regular or Special) (Township Board, City or Village Council)
called to order by Mayol'.' Warmington on June 26, 2007 at 5: 30 · .·.. P.M.
The following resolution was offered:
Moved by Commissioner Spataro and supported by Commissioner Carter
TRANSFER OWNERSHIP OF 2006 CLASS C LICENSED BUSINESS WITH
That the request to
DANCE PERMIT, LOCATED IN ESCROW AT 3621 GETTY, NORTON SHORES, Ml 49444, PO:
MUSKEGON, MUSKEGON COUNTY, FROM NORTH-SAYLOR, INC. TOD & L OF MICHIGAN ,._ .
LLC; TRANSFER LOCATION (GOVERNMENTAL UNIT) (MCL 436.1531(1) TO 441 W. WESTERN,
MUSKEGON, Ml 4944·0, MUSKEGON COUNTY; AND REQUEST A NEW ENTERTAINMENT
PERMIT. A-DO(Z,'£.55 IS l./35 rlfl./1 (/J. wt:.sT~r,J.
be considered for _ _ __ ...:...A--=p--=p;....r;....o;....v_a;....l:;:___ _ _ _ _ _ _ _ _ _ _ __ __ __ __ _
(Approval or Disapproval)
APPROVAL DISAPPROVAL
Yeas: _ _ _
7 _ _ _ _ _ __ Yeas: _ _ _ _ _ _ __ __
·n,_ _ _ _ _ __
Nays: _ _ _ Nays: _ _ _ _ _ _ _ _ __
o_______
Absent: ___ Absent: _ __ __ _ _ __
It is the consensus of this legislative body that the application be:
_ _ _ _ _ _ _ __R
""":~..__co_
m_ m_e_n_a_e_a_ _ _ __ _ _ _ _ _ _ _ _ _ _ forissuance
(Recommended or Not Recommended)
State of Michigan _ _ _ __
County of Muskegon_
I hereby certify that the fore~oing is a true and complete copy of a resolution offered and
adopted by the C i ty Commission at a _ _R_e-=g: -u_l_a_r_ _ _ _ _ _ _ __
(Township Board, City or Village Council) (Regular or Special)
meetingheldon June 02 6 , 200 7
(Date)
(Signed) ~ ~
(Township, City or Village Clerk)
'
SEAL
933 Terrace, Muskegon MI 49440
Mailin address of Townshi , Cit or Vil la e
LC-1305 (Rev. 0812006) The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion. age,
Authority: MCL 436.1501 national origin, color, marital status, disability, or political beliefs. If you need help wilh reading, writing, hearing, etc., under the Americans
Completion: Mandatory with Disabililies Act, you may make your needs known lo this agency.
Penall . No License
933 Terrace Street OFFICE 231-724-6705 CIIT Or= MUSl\~f30~
Muskegon, MI 49440 FAX 231-724-4178
CL~t:21\~S Ot=t=IC~
rAX COVHJ Stil:H
To: ~LL( . From:
Fax: Pages(including cover) o<
Phone: Date:
Re: CC:
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