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CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 22, 2005
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
A. Sarah Johnson
B. Larry DeCou
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Request to Fly the Norwegian Flag. CITY CLERK
C. FIRST READING: Zoning Ordinance Amendment to Article II (Definitions) of
the Zoning Ordinance. PLANNING & ECONOMIC DEVELOPMENT
D. FIRST READING: Zoning Ordinance Amendment to Article II (Definitions) of
the Zoning Ordinance. PLANNING & ECONOMIC DEVELOPMENT
E. FIRST READING: Zoning Ordinance Amendment to the Sign Ordinance for
Campus Signage. PLANNING & ECONOMIC DEVELOPMENT
F. FIRST READING: Rezoning Request for Properties Located at 704, 714, 724,
and 734 E. Apple Avenue. PLANNING & ECONOMIC DEVELOPMENT
G. The Abonmarche Group Agreement. LEISURE SERVICES
H. Street Lights on Shoreline Drive between Spring and Eastern. ENGINEERING
o PUBLIC HEARINGS:
A. Create a Special Assessment District for Ireland Avenue, Franklin to Davis.
ENGINEERING
B. Create a Special Assessment District for Franklin Street. Laketon to Ireland.
ENGINEERING
C. Community Development Block Grant/HOME Final Allocation Decision.
COMMUNITY & NEIGHBORHOOD SERVICES
D. 2005 - 2010 Consolidated Plan and Accept the Consolidated Plan and Direst
Staff to Continue the Public Comment Period. COMMUNITY &
NEIGHBORHOOD SERVICES
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
A. Environmental Program Mowing and Trash Clean-up Contract. PLANNING &
ECONOMIC DEVELOPMENT
B. Contract Extension Agreement - One-Year Street Sweeping Contract for
2005. PUBLIC WORKS
C. Bathroom Facilities Agreement with Fisherman's Landing, Inc. CITY
MANAGER
D. Consideration of Bids for Clay Avenue, Terrace to Spring. ENGINEERING
E. 2005 Fire Act Grant. PUBLIC SAFETY
F. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following. PUBLIC SAFETY
1. 1907 Hoyt
2. 291 Washington (Area lOb)
3. 1142 Washington (Area 12)
4. 1694 Pine
5. 1756 Ray - Garage
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
> Reminder: Individuals who would like to address the City Commission shall do the following:
> Fill 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 forward 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.)
o CLOSED SESSION:
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
CITY OF MUSKEGON
STATE OF MICHIGAN
PROCLAMATION
WHEREAS, the City of Muskegon pauses to honor and recognize Larry
Decou selflessly risking his life to rescue three duck hunters on
the Muskegon River Saturday the 20th day of November, 2004;
and
WHEREAS, a catastrophe was avoided because of a quick response to
danger and life saving action demonstrated by Larry Decou;
and
WHEREAS, this courageous action in averting what could have been a
tragic loss to family, friends, and community deserves special
recognition by the governing body ofthis city; and
NOW, THEREFORE, BE IT RESOLVED, that I, Steve Warmington, Mayor of
the City of Muskegon, and speaking on behalf of the City
Commission and citizens of Muskegon, do hereby set aside
March 22, 2005, to honor Larry Decou for his heroism.
IN WITNESS WHEREOF, we hereunto set our hands and cause the seal of
the City to be affixed this 22"d day of March 2005.
Stephen J. Warmington, Mayor Bill Larson, Vice Mayor
Chris Carter, Commissioner Stephen J. Gawron, Commissioner
Clara Shepherd, Commissioner Kevin Davis, Commissioner
Lawrence 0. Spataro, Commissioner
Date: March 22, 2005
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Community
Relations Committee and the Commission Worksession that was held
on Monday, March 7, 2005; and the Regular Commission Meeting that
was held on Tuesday, March 8, 2005.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 22, 2005
CITY COMMISSION CHAMBERS@ 5:30P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30p.m., Tuesday, March 22, 2005.
Mayor Warmington opened the meeting with a prayer from Pastor Sarah Johnson
of the Word of Truth Outreach 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 Bill Larson, Commissioner
Lawrence Spataro, Chris Carter, Kevin Davis, and Stephen Gawron, City Manager
Bryon Mazade, City Attorney John Schrier, and Deputy City Clerk Linda Potter.
Absent: Commissioner Clara Shepherd (excused)
2005-28 HONORS AND AWARDS:
A. Larry DeCou. Proclamation was presented to Larry DeCou by Mayor
Warmington.
2005-29 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Community Relations
Committee and the Commission Worksession that was held on Monday, March 7,
2005; and the Regular Commission Meeting that was held on Tuesday, March 8, 2005.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Request to Fly the Norwegian Flag. CITY CLERK
SUMMARY OF REQUEST: The Sons of Norway request permission to fly the Norwegian
Flag outside City Hall on Tuesday, May 17th to celebrate Norwegian Independence
Day.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
C. FIRST READING: Zoning Ordinance Amendment to Article II (Definitions) of
the Zoning Ordinance. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Article II (Definitions) to clarify the
definition for "Setback, Front".
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance
to clarify the definition for "Setback, Front".
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval
of the amendment at their 3/10/05 meeting. The vote was unanimous in favor of the
amendment. with B. Turnquist and S. Warmington absent.
D. FIRST READING: Zoning Ordinance Amendment to Article II (Definitions) of
the Zoning Ordinance. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Article II (Definitions) to add a definition
for "Informational Sign".
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance
to add a definition for "Informational Sign".
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval
of the amendment at their 3/10/05 meeting. The vote was unanimous in favor of the
amendment. with B. Turnquist and S. Warmington absent.
E. FIRST READING: Zoning Ordinance Amendment to the Sign Ordinance for
Campus Signage. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2334(10.) of Article XXIII (General
Provisions) to amend the sign ordinance language regarding campus signage.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance
to amend the sign ordinance language regarding campus signage.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval
of the amendment at their 3/10/05 meeting. The vote was unanimous in favor of the
amendment, with B. Turnquist and S. Warmington absent.
F. FIRST READING: Rezoning Request for Properties Located at 704, 714. 724,
and 734 E. Apple Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone properties located at 704, 714, 724, and
734 E. Apple Avenue, from R-1. Single Family Residential to B-2, Convenience &
Comparison Business.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval
of the request at their 3/10/05 meeting. The vote was unanimous in favor of the
amendment, with B. Turnquist and S. Warmington absent.
G. The Abonmarche Group Agreement. LEISURE SERVICES
SUMMARY OF REQUEST: To approve a professional service agreement with The
Abonmarche Group to provide engineering services for the Phase Ill marina
improvement project at Hartshorn Marina.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve.
H. Street Lights on Shoreline Drive between Spring and Eastern. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Consumer
Energy to install a total of nineteen ( 19) street lights along the newly constructed
section of Shoreline Drive between Ryerson Creek and Webster Avenue to the north
east. Some of the proposed lights will be installed along the realigned Ottawa Street
between Western & Shoreline Drive. This request does not encompass the remainder
of the Shoreline Drive route between Ryerson Creek & First due to on-going
negotiations regarding the soil conditions in that area. The proposed street lights will
be similar in appearance to those installed on Harvey Street by the crossing mall in
Fruitport Township.
FINANCIAL IMPACT: $29,200.
BUDGET ACTION REQUIRED: None at this time since the cost is expected to be an
eligible expense to the state's grant.
STAFF RECOMMENDATION: Authorize staff to sign the contract with Consumer Energy
to install the street lights as described.
Motion by Commissioner Carter, second by Commissioner Spataro to approve the
Consent Agenda as presented.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, and Spataro
Nays: None
MOTION PASSES
2005-30 PUBLIC HEARINGS:
A. Create a Special Assessment District for Ireland Avenue, Franklin to Davis.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment
for Ireland, Davis to Franklin, and to create the special assessment district and
appoint two City Commissioners to the Board of Assessors if it is determined to
proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign two
City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 5:38 p.m. to hear and consider any comments from
the public. Comments in opposition were heard from Richard Smith, 1151 Ireland.
Motion by Commissioner Gawron, second by Commissioner Carter to close the Public
Hearing at 5:47 p.m.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Spataro, and Warmington
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Carter to table the
special assessment of Ireland, Davis to Franklin to the April 12th meeting.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Spataro, Warmington, and Carter
Nays: None
MOTION PASSES
B. Create a Special Assessment District for Franklin Street. Laketon to Ireland.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment
for Franklin, Laketon to Ireland, and to create the special assessment district and
appoint two City Commissioners to the Board of Assessors if it is determined to
proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign two
City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 5:48 p.m. to hear and consider any comments from
the public. Comments in opposition were heard from: John Hulka, 1028 W. Larch;
Robert O'Conner representing 1721 Franklin, 1735 Franklin, and 1045 W. Larch; and
Mark Bouwkamp, 1027 W. Dale.
Motion by Commissioner Spataro, second by Commissioner Carter to close the Public
Hearing at 6:06 p.m.
ROLL VOTE: Ayes: Gawron, Larson, Spataro, Warmington, Carter, and Davis
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Gawron to table the
special assessment of Franklin, Laketon to Ireland to the April 12th meeting.
ROLL VOTE: Ayes: Gawron, Larson, Spataro, Warmington, Carter, and Davis
Nays: None
MOTION PASSES
C. Community Development Block Grant/HOME Final Allocation Decision.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: For the City Commission to conduct a Public Hearing in
reference to 2005-2006 CDBG/HOME allocations. After the Public Hearing is over, it is
hoped that the Commission will make their final allocation decision concerning the
2005-2006 CDBG/HOME allocations for this coming fiscal year. The Commission has
received the recommendation from the Citizen's District Council and the City
Administration. The Commission made their preliminary recommendations during the
March 8, 2005, City Commission Meeting. After receiving the Commissions final
allocation decision, the CNS Office will amend the City's 2005-2006 Action Plan if
needed and continue the comment period until April 17. 2005. At that time, the City
will request the U.S. Housing and Urban Development Department for the release of
the funds for the 2005-2006 fiscal year to begin June 1, 2005.
FINANCIAL IMPACT: The decision will determine the CDBG/HOME budget for 2005-
2006.
BUDGET ACTION REQUIRED: The decision will establish the budget.
STAFF RECOMMENDATION: The Commission has already received the staff
recommendation.
The Public Hearing opened at 6:08 p.m. to hear and consider any comments from
the public. Mayor Warmington called a break in the Public Hearing from 6:20 p.m. to
6:30p.m. Comments were heard from Lois Springs, 313 W. Webster, representing Red
Cross; Diana Miller, 280 Ottawa, representing Muskegon Habitat for Humanity; Dave
Eling representing Veterans Affairs; Wilma Cullen representing Healthcare Agency;
Joseph Bush, 1506 Lexington representing Neighborhood Invest. Corp., 1115 Third
Street, and Jamie Langlois, 280 Ottawa, representing Habitat for Humanity.
Motion by Commissioner Gawron, second by Vice Mayor Larson to close the Public
Hearing at 7:14p.m.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, and Larson
Nays: None
MOTION PASSES
Motion by Vice Mayor Larson, second by Commissioner Davis to approve the
Community Development Block Grant/HOME allocations as recommended by the
Citizen District Council.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, and Larson
Nays: None
MOTION PASSES
D. 2005 - 2010 Consolidated Plan and Accept the Consolidated Plan and
Direct Staff to Continue the Public Comment Period. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: For the City Commission to conduct a Public Hearing in
reference to 2005-2010 Consolidated Plan in order to receive comments from the
public concerning the City's five-year plan produced by the CNS Office. After the
Commission has received comments from the public, the CNS Office asked that the
Commission approve the Consolidated Plan and direct the CNS Office to continue
the public comment period which began March 17, 2005, and ends April 17, 2005.
After receiving the Commissions approval on or about April 17, 2005, the CNS Office
will deliver the Consolidated Plan with all other required documentation to the U.S.
Department of Housing and Urban Development for their approval.
FINANCIAL IMPACT: The City is required to produce a Consolidated Plan to continue
receiving CDBG and Home funding.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Consolidated Plan.
The Public Hearing opened at 7:17 p.m. to hear and consider any comments from
the public. Comments were heard from Jason Bolton, 1182 W. Dale.
Motion by Commissioner Spataro, second by Commissioner Carter to close the Public
Hearing at 7:23 p.m., accept the Consolidated Plan and direct staff to continue the
public comment period.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, and Spataro
Nays: None
MOTION PASSES
2005-31 NEW BUSINESS:
A. Environmental Program Mowing and Trash Clean-up Contract. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The contract for mowing of lots and trash clean up of public
and private properties previously held by Freelance Enterprises Inc. will expire on
March 28, 2005. A request for bids was advertised and two companies placed bids.
Freelance Enterprises is the low bidder for a two-year agreement.
FINANCIAL IMPACT: the bids came in lower than the amounts paid under the
previous contract, this may lower the cities costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the contract and to authorize the Mayor and
City Clerk to sign a two-year agreement with Freelance Enterprises, for the mowing of
lots and trash removal on properties located within the City.
Motion by Commissioner Carter, second by Commissioner Gawron to approve the
environmental program mowing and trash clean-up contract with Freelance
Enterprises.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Spataro, and Warmington
Nays: None
MOTION PASSES
B. Contract Extension Agreement - One-Year Street Sweeping Contract for
2005. PUBLIC WORKS
SUMMARY OF REQUEST: To enter into a one-year contractual agreement with TRI-US
SERVICES, INC., to provide street sweeping services for 2005.
FINANCIAL IMPACT: $137,866.40 cost for one-year contract. Funds to cover all
expenses are budgeted. Trunkline expenses are reimbursed by State funding.
BUDGET ACTION REQUIRED: None, monies appropriated in Highway and State
trunkline budgets.
STAFF RECOMMENDATION: Approve request to contract out service for one-year
extension as specified in previous contract.
Motion by Commissioner Carter, second by Commissioner Gawron to grant the
contract extension for one year.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Spataro, Warmington, and Carter
Nays: None
MOTION PASSES
C. Bathroom Facilities Agreement with Fisherman's Landing, Inc. CITY
MANAGER
SUMMARY OF REQUEST: To approve a development and reimbursement agreement
between the City and Fisherman's Landing, Inc. The agreement will enable the
construction of a new bathroom facility at Fisherman's Landing and provides for a
reimbursement of the costs for the same by Fisherman's Landing, Inc.
FINANCIAL IMPACT: $146,926.24.
BUDGET ACTION REQUIRED: The 2005 budget will need to be readjusted to account
for this new expenditure.
STAFF RECOMMENDATION: To approve the agreement.
Motion by Commissioner Gawron, second by Commissioner Spataro to approve the
agreement between the City and Fisherman's Landing, Inc.
ROLL VOTE: Ayes: Gawron, Larson, Spataro, Warmington, Carter, and Davis
Nays: None
MOTION PASSES
D. Consideration of Bids for Clay Avenue, Terrace to Spring. ENGINEERING
SUMMARY OF REQUEST: Award the paving, using asphalt, and underground utility
construction contract (H-1592, W-666 & S-601) for Clay Avenue between Terrace and
Spring to Wadel Stabilization out of Hart, MI. Wadel was the lowest, responsible
bidder with a bid price of $364,887.60.
FINANCIAL IMPACT: The construction cost $364,887.60 plus engineering cost which is
estimated at an additional 15%.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Wadel Stabilization.
Motion by Vice Mayor Larson, second by Commissioner Spataro to award the
contract for Clay Avenue, between Terrace and Spring to Wadel Stabilization.
ROLL VOTE: Ayes: Larson, Spataro, Warmington, Carter, Davis, and Gawron
Nays: None
MOTION PASSES
E. 2005 Fire Act Grant. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests the Commission's
authorization to apply for a 2005 Fire Act Grant (Federal). The amount that will be
requested is $55,000. The funds will be used to purchase turnout gear, helmets and
boots. We would also purchase cold water rescue suits. We have previously applied
for, and been awarded, three grants under this program. The City is responsible for a
10% match ($5,500).
FINANCIAL IMPACT: The funds for the match would come from the Fire Department
equipment fund.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve the
application for the 2005 Fire Act Grant.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, and Larson
Nays: None
MOTION PASSES
F. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following. PUBLIC SAFETY
SUMMARY OF REQUEST: This is to request that the City Commission concur with the
findings of the Housing Board of Appeals that the structures listed above are unsafe,
substandard, a public nuisance and that they be demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the demolition
of the structures and that the Mayor and City Clerk be authorized and directed to
execute a contract for demolition with the lowest responsible bidder.
1. 1907 Hoyt
LOCATION AND OWNERSHIP: This structure is located on Hoyt between Holbrook and
Keating and is owned by Scott Smith.
STAFF CORRESPONDENCE: This case began 6/13/03 because of the house being
vacant. open and large amount of trash and debris left. A police report dated
5/20/03 was issued answering complaint from neighbor because home was left open
and in a state of disrepair inside. A dangerous building inspection was conducted on
6/13/03 and an interior inspection conducted 7/9/03 the notice and order to repair
was issued on 8/22/03. On 10/2/03 the HBA tabled the case to allow owner time to
obtain permits and complete required repairs. The HBA declared the structure
substandard and dangerous on 12/2/04.
OWNER CONTACT: The owner was present for the HBA meeting in October of 2003
stating he planned on doing repairs but had just buried his son. There have been no
permits pulled or owner contact since that time. Brian Sokol representing Huntington
Bank requested copies ot inspection reports in December of 2004.
FINAN\ " ,JV\1-' Ai.....;: 0<:">r1eral Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $33,800
ESTIMATED COST TO REPAIR: $30,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
2. 1142 Washington (Area 12)
LOCATION AND OWNERSHIP: This structure is located on Washington between
Barclay Street and Davis Street and is owned by Bank One Assoc., 9350 Waxie Way,
San Diego, CA 92123.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
5/12/04 and the notice and order to repair was issued on 5/12/04. On 8/5/04 the HBA
declared the structure substandard and dangerous.
OWNER CONTACT: No one was present to represent this case for the HBA meeting.
The only contact from the owner was after the first notice was issued. She called to
state she is being foreclosed on. She has moved out and left no forwarding address
with the Inspection Department.
FINANCIAL IMPACT: General Funds.
BUDGET ACTION REQUIRED: None.
STATE EQUALIZED VALUE: $30,900.
ESTIMATED COST TO REPAIR: $25,000 Exterior Only.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
3. 1694 Pine
LOCATION AND OWNERSHIP: This structure is located on Pine between Dale and
Larch and is owned by Joel Ramos.
STAFF CORRESPONDENCE: This case began as a rental complaint because of a
collapsed ceiling. A dangerous building inspection was conducted 6/30/04. Notice
and Order was sent 7/23/04. The case came before the HBA 9/2/04 and was
declared dangerous, substandard and a public nuisance.
OWNER CONTACT: The owner wrote a letter to the Inspection Department dated
9/1 /04 stating that he had just purchased the home and due to financial strain was
not able to repair it. He asked for six months to make necessary improvements. An
electrical permit was pulled in 2/3/03 but no inspection was scheduled. No other
permits have been pulled or inspections scheduled and no further contact with
owner since that time.
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None.
STATE EQUALIZED VALUE: $16.500.
ESTIMATED COSTTO REPAIR: $30,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
4. 1756 Ray- Garage
LOCATION AND OWNERSHIP: this structure is located on Ray between E. Laketon
Avenue and E. Larch Avenue and is owned by Samuel/Debra McClure.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
7/22/04 and the notice and order to repair was issued on 7/23/04. On 9/2/04 the HBA
declared the structure substandard and dangerous.
OWNER CONTACT: There has been no owner contact, no permits issued and no
inspections scheduled.
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None.
STATE EQUALIZED VALUE: $15,900 (Entire Building).
ESTIMATED COST TO REPAIR: $2,500 (Exterior Only- Garage)
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur with
the Housing Board of Appeals decision to demolish 1907 Hoyt, 1142 Washington, 1694
Pine, and 1756 Ray- garage.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, and Larson
Nays: None
MOTION PASSES
5. 291 Washington (Area 1Ob)
LOCATION AND OWNERSHIP: This structure is located on Washington between Sixth
Street and Seventh Street and is owned by Bank One Assoc., 9350 Waxie Way, San
Diego, CA 92123.
STAFF CORRESPONDENCE: a dangerous building inspection was conducted on
5/6/04 and an interior inspection on 8/2/04 the notice and order to repair was issued
on 5/7/04. On 8/5/04 the HBA declared the structure substandard and dangerous.
OWNER CONTACT: Mr. Holden was present to represent this case. He stated he lives
at 291 Washington and can start repairs in 30 days. He was given a copy of the
interior inspection that was conducted earlier in the week at the HBA meeting. There
have been no permits issued or inspections scheduled and no owner contact since
that time.
FINANCIAL IMPACT: CDBG.
BUDGET ACTION REQUIRED: None.
STATE EQUALIZED VALUE: $13,300.
ESTIMATED COST TO REPAIR: $30,000.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
Motion by Commissioner Spataro, second by Commissioner Gawron to refer 291
Washington back to staff.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, and Spataro
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 7:38p.m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk
Date: March 22, 2005
To: Honorable Mayor and City Commissioners
From: Gail Kundinger, City Clerk
RE: Request to Fly the Norwegian Flag
SUMMARY OF REQUEST: The Sons of Norway request permission to
fly the Norwegian Flag outside City Hall on Tuesday, May 1ih to
celebrate Norwegian Independence Day.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
~nus nf Nnrwau
Sognefjord Lodge No. 52 3
'
March 14, 2005
City ofMuskegon
Clerk's Office
On behalf of Sognefjord Lodge 523, Sons of Norway, I would like to request permission
for our lodge to fly the flag ofNorway on Tuesday, May 17, 2005. May 17th is
Norwegian Independence Day. If it is possible we would like to display the flag as in the
past, in the :fi:ont of City Hall, facing Terrace Street.
Our lodge officers are as follows:
President: Gordon Gutowski, 5 130 Davis Rd., Muskegon, MI 49441
Vice President: Larry Bringedahl, 2358 Spruce St., Muskegon, MI 49444
Secretary: Louise Engle, 4235 Dora! Dr., Muskegon, MI 49442
Financial Secretary: J01·dis Hutchins, 3734 Patricia Dr., Muskegon, MI 49445
Our lodge is located at 420 Harvey Street, Muskegon, MI 49442. We are a Fraternal
Benefit Organization and have our 501(C)3 designation as a non-profit organization. I,
Gordon Gutowski, will be responsible for the flag 's condition and presentation.
Thank you for your consideration in this matter.
Sincerely,
Gordon M. Gutowski
President, Sognefjord Lodge 523
Affirmatln Action
(2" ~ )724-6703
FAX: (231)722wl214
Assessor/Equalization
(231)724-6708
FAX: (231)726-5181
Cemetery Department
(231)724-6783
FAX: (231)726--5617
City Manager
(231)724-6724 West Michigan's Shoreline Clty
FAX: (231)722-1214
Civil Service
(231)724-6716
FAX: (231)724-4405 March 23,2005
Clerk
(231)724-6705
FAX: (231)724-4178
Community and
Neigh. Services
Mr. Gordon M. Gutowski
(231)724-6717 President, Sognefjord Lodge 523
FAX: (231)726--2501
420 Harvey Street
Computer Info. Muskegon, MI 49442
Systems
(231)724w6744
FAX: (231)722w4301 Dear Mr. Gutowski:
Engineering Dept.
(23 I )724-6707
FAX: (231)727--6904
Your request to fly the flag of Norway on Tuesday, May 17, 2005, in front of City
Hall has been approved by the. City Commission. If you have any questions,
Finance Dept.
(231)724-6713 please call me at 724-6915.
FAX: (231)724-6768
Fire Deparhnent Thank you,
~~
(231)724-6792
FAX: (231)724--6985
Income Tax
{23 I )724-6770
FAX: (231)724--6768 Linda Potter
Inspection Services Deputy Clerk
(231 )724-6715
FAX: (231)728-4371
Leisure Services
(231}724-6704
FAX: (231)724-J 196
Mayor's Office
{231)724-6701
FAX: (231)722-1214
Planning/Zoning
(231)724-6702
FAX: {231)724..(i790
Pollee Deptartment
(231)724-6750
FAX: (231)722-5140
Public Works Dept.
{231)724-4100
FAX: (231)722w4188
Treasurer's Office
{231)724w6720
FAX: (231)724-6768
Water Billing Dept,
(231)724-6718
FAX: (231)724..(i768
Water Filtration
(231)7244106
FAX: {231)755-5290
City ofMuskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
www.shorelinecity.com
Commission Meeting Date: March 252 2005
Date: March 14, 2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development C1J.._
RE: Zoning Ordinance Amendment to Article II (Definitions) of the
Zoning Ordinance
SUMMARY OF REQUEST:
Request to amend Article II (Definitions) to clarif'y the definition for "Setback, Front".
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff reconnnends amendment of the Zoning Ordinance to clarif'y the definition for "Setback,
Front".
COMMITTEE RECOMMENDATION:
The Planning Connnission reconnnended approval of the amendment at their 3/1 0 meeting. The
vote was unanimous in favor ofthe amendment, with B. Turnquist and S. Warmington absent.
3/14/2005
Commission Meeting Date: March 252 2005
Date: March 14, 2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development cJbC_.
RE: Zoning Ordinance Amendment to Article II (Definitions) of the
Zoning Ordinance
SUMMARY OF REQUEST:
Request to amend Article II (Definitions) to add a definition for "Informational Sign".
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to add a definition for "Infonnatioinal
Sign".
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the amendment at their 3/10 meeting. The
vote was unanimous in favor ofthe amendment, with B. Turnquist and S. Warmington absent.
3/14/2005
Commission Meeting Date: March 22, 2005
Date: March 14, 2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development t13c
RE: Zoning Ordinance Amendment to the Sign Ordinance for Campus
Signage
SUMMARY OF REQUEST:
Request to amend Section 2334 (I 0.) of Article XXIII (General Provisions) to amend the sign
ordinance language regarding campus signage.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to amend the sign ordinance language
regarding campus signage.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the amendment at their 3/10 meeting. The vote
was unanimous in favor of the amendment, with B. Turnquist and S. Warmington absent.
Commission Meeting Date: March 22, 2005
Date: March 14, 2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development c..6 C.,
RE: Rezoning request for properties located at 704, 714, 724,
and 734 E. Apple Avenue
SUMMARY OF REQUEST:
Request to rezone properties located at 704, 714, 724, and 734 E. Apple Avenue, from R-1,
Single Family Residential to B-2, Convenience & Comparison Business.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the request.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 3/10 meeting. The
vote was unanimous in favor of the amendment, with B. Turnquist and S. Warmington absent.
0:\Planning\COMMON\Zoning\City Commission ltems\rezone\Approve\2005 Approvals\704 E. Apple.doc 1
Date: March 22, 2005
To: Honorable Mayor and City Commissioners
From: Melissa Haug 1{). 4.)~-
RE: The Abonmarche Group agreement
SUMMARY OF REQUEST:
To approve a professional service agreement with The
Abonmarche Group to provide engineering services for the
Phase III marina improvement project at Hartshorn
Marina.
FINANCIAL IMPACT:
Approximately $104,253. A 50% match will be provided by
the MDNR.
BUDGET ACTION REQUIRED:
The City is in the process of borrowing funds.
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
A: irmative Action
1231)724-6703
FAX: (231)722-1214
8~'J\W4!6~3:\'"rtment
FAX: (231)726-5617
C ity Manager
1231)724-6724 West Michigan's Shoreline City
FAX: (231)722-1214
Civil Service
1231)724-67 16
FAX: (231)724-4405 Date: March 22, 2005
To : Honorable Mayor and City Commissioners
C lerk
(231)724-6705
FAX: (231)724-41 78 From: Melissa Haug ~. ~.
Community and Re: The Abonmarche Group··;gree~nt
12~f:r,h.~W1ces
FAX: (23 1)726-2501
Computer Info. I am requesting your approval of the professional
(l~m~~·-·6 744 service agreement with The Abonmarch Group to provide
FAX: (231)722-4301
engineering services for the Phase III Marina
~'3i\~~":lt~~eJlt.
Improvement project at Hartshorn Marina.
FAX: (23 1)727-6904
The cost of the services is approximately $104,253.00
with a 50 % match being provided by the MDNR. The actual
cost of the agreement will depend on actual construction
costs.
nnNif-';;192
FAX: (231)724-6985 Thank you for your consideration .
Income Tax
1231)724-6770
FAX: (231)724-6768
Leisure Services
1231)724-6704
FAX: (231)724- 1196
P lannim!IZoning
(23ll72
Muskegon Customer Service Center
2021 Hoyt Street, Muskegon Heights, Ml 49444 • (231) 722-2631 • Facsimile (231) 722-3138
March 11, 2005
City of Muskegon
Mr Mohammed AI-Shatel
933 Terrace St
Muskegon, Ml 49443-0536
Request Nbr: 02419967
Rate Schedule: L3 - Municipality Lighting
STREETLIGHTING AUTHORIZATION:
Location(s
Shoreline Dr
Enclosed for approval and completion are two copies of the Resolution and Authorization for Change
covering the replacement and/or installation of streetlights. In conjunction with this work, a non-
refundable payment of $29,200.00 is required.
Quantity Description Unit Cost Unit Total
19 Installation Charge per Streetlight $100.00 Each $1,900.00
3620 Trench Footage $3.50 Per Foot $12,670.00
19 Fiberglass Bracket Pole 35 foot $770.00 Each $14,630.00
8 Cobra Head -High Pressure Sodium 400 Watt $0.00 Each $0.00
11 Cobra Head -High Pressure Sodium 250 Watt $0.00 Each $0.00
Total Contribution: $29,200.00
Please sign and return one completed copy of the Resolution and Authorization for Change along with the
required payment to my attention using the enclosed envelope.
If you have any questions, please contact me at (231) 727-6540.
Nicholas Page
Customer Energy Specialist
(231) 727-6540
Muskegon
From 230 11-2004
ELECTRIC LINE
CONSUMERS' FACILITIES AGREEMENT
PART I
Date of Agreement: __3;:::/.:..11.:.:./=20:..:0:;::5__ Work Order Number: 05802634 (Drawing Attached, Exhibit A)
Company: Customer:
CONSUMERS ENERGY COMPANY
a Michigan Corporation City of Muskegon
(Name)
2021 Hoyt St 933 Terrace St
(Street and Number)
Muskegon Heights, Ml 49444 Muskegon, Ml 49443
(Address) (City, State and Zip Code)
Attention:------------- Attention: _ ____:M=oh:.::a::m:.::m.:.:.e:..:d::..:A:.::I:...:-S:..:h.::a::;te::.:l_ __
Service Location: Shoreline Dr
~~~~------------------------
Township _ _ __:C::;it:!.y..:o.:..f.::M:::u;:;sk;::e:.gc::o:..:n_ _ __ County _ _ _ ___::M::.:u::::sc:ke::;go.:o::;n'------
Town _ _ _ _ _1:::0'------ Range _ _ _ _:...:1::.6_ _ __ Section -----=20:.__ __
Cost Estimates: $ 16,530.00
RECEIVED
CITY OF MUSKEGON
Date Prepared:
MAR 28 2005
ENGINEERING DEPARTMENT
NOTE: ADDITIONAL CHARGES MAY BE OWED. SEE PART II, SECTION 2 and 5 FOR DE:l::-;;A;;U.;·.s.-,;-_ _ _ _ _ _ ____J
The Cost Estimate is good for sixty (60) days from the date prepared above. Part II, CONSUMERS' FACILITIES
MODIFICATION AGREEMENT TERMS AND CONDITIONS is attached hereto and Is a part of this Agreement.
CUSTOMER ACKNOWLEDGES HAVING READ SAID TERMS AND CONDITIONS. CONSUMERS ENERGY
COMPANY EXPRESSLY REJECTS ANY ADDITIONAL OR DIFFERENT TERMS AND CONDITIONS SET
FORTH IN ANY PURCHASE ORDER ISSUED BY CUSTOMER OR IN ANY OTHER CONTRACT DOCUMENT
ISSUED BY CUSTOMER.
CONSUMERS ENERGY COMPANY City of Muskegon
(Customer}
By ~mrc/!u,wJ~/ 3 - 2t/JJ"-- fr
' (Signature}
. ' ;-ta,l/dcpSD /lL- {(-/4.1£<-
(Print or Type Name) I ' (Print or Type ame}
Tille c_, I'/
I
e;y; .
11 ee { .
·'1} i) C "" /.'qc f W nS A rr>r~J'eJ
Page 1 of 4
\_;:> y C_i f,Y C a,.,...,.
3- ZZ--oS
From 230 11-2004
ELECTRIC LINE
CONSUMERS' FACILITIES AGREEMENT
TERMS AND CONDITIONS
PART II
1. In consideration of Customer's request and agreement to pay all the costs of relocation/modification of
Consumers' facilities, Consumers agrees to relocate and/or modify its electric facilities. The facilities to be relocated
or modified are shown on the drawing attached as Exhibit A. Pursuant to tariffs filed with the Michigan Public Service
Commission, when relocation or modification of Consumers' facilities is requested or made necessary by a customer,
all costs for the relocation or modification can be charged to the requesting party. All costs associated with the
relocation or modification of Consumers' facilities are not refundable.
For any new facilities being installed to accommodate new load to the Company's system, a nonrefundable
contribution pursuant to tariff files with the Michigan Public Commission is included in the Estimated Cost.
2. Customers shall pay the entire amount of the Cost Estimate identified in Part I upon execution of this Agreement.
After all work is completed and the actual cost for the work is calculated, Consumers will either refund any
overpayment to Customer or invoice Customer for any additional amounts owed. Customer shall pay invoiced
amount within thirty days after receipt thereof.
Any amounts to be paid pursuant to this Agreement include Michigan sales tax but are exclusive of all other federal,
state, county, municipal, or local property, license, excise, sales use, gross receipt or similar tax with respect to the
work covered hereunder and if Consumers is required by applicable law or regulation to pay or collect any such tax
or if any such taxes are assessed against Consumers on account of performance or this Agreement, no matter when
such assessment is made, then such tax or taxes shall be paid by the Customer to Consumers in addition to the
amounts provided for herein.
3. Prior to the work being performed, and as a condition precedent thereto, the Customer shall secure and deliver to
Consumers, at no expense to Consumers, recordable easements, in form and substance satisfactory to Consumers,
granting all necessary rights of way for installation and maintenance of said facilities. If said facilities are to serve a
residential subdivision, said easements shall include, but not by way of limitation, rights of way for streetlighting in
the subdivision by means of underground facilities, notwithstanding that Consumers does not undertake to provide
streetlighting facilities and service as a part of this Agreement. If said easements are not secured and delivered to
Consumers within thirty (30) days after execution of this Agreement, Consumers may, at its option, refund all
payments made to it hereunder by the Customer, without interest, and with reasonable expenses incurred by
Consumers on account of this Agreement deducted there from, and this Agreement shall thereupon terminate.
4. For any underground facilities included in the work to be performed hereunder, the Customer shall provide, at no
expense to Consumers, rough grading (not more than three inches below finished grade) so that the underground
facilities can be properly installed in relation to the finished grade level. The Customer shall maintain the average
found elevation within six feet of any cable, conduit wire, conductor or other underground facility thereafter at a level
not to exceed twelve inches above or three inches below the grade level established at the time of installation of said
underground facilities. Further, the Customer shall maintain the ground surface elevation in an area four feet wide
around any transformer pad, subsurface transformer, junction vault or other support at an elevation of not less than
three inches and not more than six inches below the base of any transformer mounted on a pad or other support and
not more than six inches below the top of any subsurface transformer or junction vault; provided, however, that
changes in the ground surface elevation elevation in excess of the limits herein prescribed may be permitted upon
written consent of Consumers. Consumers will backfill and place excavated earth over any area of construction; the
Customer is responsible for the final restoration of the construction area.
Page 2 of 4
From 230 11-2004
5. II any underground facilities or any portion thereof are to be installed between December 15 and April 15, the
Customer shall pay Consumers, prior to installation of said underground facilities or portion thereof, an additional
nonrefundable contribution (winter charge) per trench loot as stated in the "Computation of Electric Distribution
System Line Extension Deposit and Contribution" lor the portion of said facilities installed during said period. The
Customer will receive a credit lor any part of said winter charge paid by other utilities lor joint use of the trench or
paid by the Customer lor installation, by Consumers, of gas pipe in the same trench. No portion of said facilities will
be installed between December 15 and Apri115, unless the Customer has paid such additional contribution. Further,
a nonrefundable contribution in addition to that provided lor herein may be required where, in Consumers judgment,
practical difficulties (not considered in determining the Customer's estimate) such as water conditions or rock near
the surface are encountered during construction. II the Customer does not make the additional contribution within
fifteen (15) days alter receiving written notice of the amount t of the additional contribution, Consumers may, at its
option, refund all payments made to it hereunder by the Customer, without interest, and with reasonable expenses
incurred by Consumers on account of this Agreement deducted there from, and this Agreement shall thereupon
terminate.
6. Consumers shall not be in beach of contract as a result of any delay in performing its obligations if such delay is
due to strikes or other labor troubles; inability to obtain labor, materials, components, supplies, lor any reason,
including default of suppliers or subcontractors; acts of God; lire; flood; storm; earthquake or other natural calamities;
war; insurrections; riot; embargoes; curtailment; order; regulations or restriction imposed by governmental
authorities; or any other cause which is beyond the reasonable control of Consumers, whether of a similar or
dissimilar nature and whether or not existing or foreseeable on the scheduled date of commencement of the work.
Consumers shall have no obligation to settle any strike or other labor difficulty in a manner not completely
satisfactory to it. Should any such delay occur, the time lor the performance of Consumers' obligations shall be
extended by a time equal to the length of the delay plus such additional time as is reasonably necessary to enable
Consumers to resume performance of its obligations.
7. Consumers warrants that any work performed under this Agreement shall be performed by properly skilled
personnel in accordance with generally accepted standards lor the work being performed. The sole liability of
Consumers lor defective work under this warranty or otherwise, shall be limited to reperforming any such work on the
same conditions as the original work. The foregoing is the Customer's exclusive remedy and, EXCEPT AS
EXPRESSLY STATED HEREIN, THERE ARE NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY,
INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.
In no event shall Consumers be liable lor any loss or damage whatsoever, by reason of its failure to discover, report
or modify latent defect or defects inherent in the subject matter of the work. The aforementioned warranty is subject
to the following conditions:
(a) Consumers shall not be responsible lor repairs, replacements, or corrections made by others with respect to the
work performed by Consumers.
(b) The Customer shall notify Consumers in writing of any breach or warranty with respect to the services performed
by Consumers within ten (10) days alter completion of the work.
Page 3 ol4
From 230 11-2004
8. THE TOTAL LIABILITY OF CONSUMERS, ITS AGENTS, EMPLOYEES, VENDORS AND CONTRACTORS WITH
RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF THIS CONTRACT INCLUDING THE PERFORMANCE OF
OBLIGATIONS IN CONNECTION WITH THE WORK HEREUNDER, WHETHER BASED ON CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED IN
AGGREGATE ONE THOUSAND DOLLARS ($1 ,000.00) AND SHALL IN NO EVENT INCLUDE INCIDENTAL OR
CONSEQUENTIAL DAMAGES OR ANY NATURE INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR
ITS USE; LOSS BY REASON OF PLANT OR EQUIPMENT SHUTDOWN OR INABILITY TO OPERATE AT RATED
CAPACITY; INCREASED EXPENSE OR OPERATION OF PLANT OR EQUIPMENT; INCREASED COSTS OF
PURCHASING OR PROVIDING EQUIPMENT, MATERIALS, SUPPLIES OR SERVICES OUTSIDE CONSUMERS'
SCOPE OR SUPPLY; COSTS OR REPLACEMENT POWER OR CAPITAL; CLAIMS OF THE CUSTOMER'S
CUSTOMERS; OR INVENTORY OR USE CHARGES, EVEN IF CONSUMERS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
This limitation of liability section shall prevail over any conflicting or inconsistent provisions contained herein or in
any other applicable document and shall be in effect even if the remedy or remedies set forth herein fail in their
essential purpose.
9. The Customer shall indemnify and hold Consumers, its agents, employees, vendors and contractor'(s) harmless
from and against, and shall at Consumers' option undertake the defense of, any and all claim, losses, liability and
damage (including environmental harm) and including reasonable attorney's fees which Consumers might sustain or
incur or which might be asserted by any third party against Consumers as a result of the services provided under this
Agreement, whether based on warranty, contract, tort (including negligence), strict liability or otherwise, unless
caused solely by the negligence of Consumers, its agents or employees.
10. Any assignment or any part thereof by the Customer without the previous written permission of Consumers shall
be void and of no effect. Consumers may subcontract any services hereunder.
11. In the performance of the work hereunder, Consumers shall be an independent contactor with the sole authority
to control and direct the performance of the details of the services, the Customer being interested only in the results
obtained.
12. The terms of this Agreement shall not be changed superseded or supplemented, except in writing by an
authorized officer of Consumers and by a duly authorized representative of Customer.
13. This Agreement shall be deemed a Michigan contract and shall be construed in accordance with and governed
by the laws of the State of Michigan. With respect to the subject matter hereof, this Agreement supersedes all
previous representations, understandings and negotiations, either written oral, between the parties hereto or their
representatives and constitutes the entire contract between the parties. This Agreement is intended for the benefit of
the parties hereto and does not grant any rights to any third parties unless otherwise specifically stated herein. No
part of any purchase order, request for proposal or other documents issued by Customer shall be binding upon
Consumers or affect its rights or obligations hereunder unless signed by a duly authorized representative of
Consumers.
14. Additional Items
Page 4 of 4
SPECIAL ASSESSMENT
HEARING RESPONSE CARQ
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: MARCH 22, 2005
Project Title: IRELAND AVE., FRANKLIN ST. TO DAVIS ST.
Project Description: MAJOR REHABILITATION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card. by the date
indicated above. To use this response card please indicate Whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 1130 IRELAND AVE
Parcel Number 24-205-501-0018-00
Assessable Frontage: 52.2 Feet
Estimated Front Foot Cost: $29.00 per Foot
ESTIMATED TOTAL COST $1,513.80
Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903
BLK 501
LOT18
S 1/2 OF VAC ALLEY
ABUTTING SAID LOT
Your vote COUNTS!
. Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR D I AM OPPOSED '[8l
.n I 1 .
Owner
~N.:~..-:~-.7u.O~...·n.u..(;~f_(t~-·. ~.K-:-.u.l~. 'J..jJ""~-f··-- CoOwner/Spouse - - - - - - - - - - -
Signature ~" ~ Signature
Address .U:5JJ:2dld2J Address
Thank you for taking the time to vote on this important issue. 3
Date: March 22, 2005
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
Ireland, Davis to Franklin
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment for the Ireland, Davis to
Franklin, and to create the special assessment district and appoint two City Commissioners
to the Board of Assessors if it is determined to proceed with the project
FINANCIAL IMPACT:
None at this time.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To create the special assessment district and assign two City Commissioners to the Board
of Assessors by adopting the attached resolution
COMMITTEE RECOMMENDATION:
Date: March 22, 2005
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
Franklin, Laketon to Ireland
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment for the Franklin, Laketon to
Ireland, and to create the special assessment district and appoint two City Commissioners to
the Board of Assessors if it is determined to proceed with the project
FINANCIAL IMPACT:
None at this time.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To create the special assessment district and assign two City Commissioners to the Board
of Assessors by adopting the attached resolution
COMMITIEE RECOMMENDATION:
Commission Meeting Date: March 15, 2005
Date: March 22, 2005
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Community Development Block Grant/HOME Final
allocation decision
SUMMARY OF REQUEST: For the City commission to conduct a Public
Hearing in reference to 2005-2006 CDBG/ HOME allocations. After the
Public Hearing is over it is hope that the commission will make their final
allocation decision concerning the 2005-2006 CDBG/HOME allocations
for this coming fiscal year.
The Commission has received the recommendation from the Citizen's
District Council and the City administration. The commission made their
preliminary recommendations during the March 8, 2005 City
Commission meeting.
After receiving the Commissions final allocation decision, the CNS office
will amend the City's 2005-2006 Action plan if needed and continue the
comment period until April 17, 2005. At that time, the City will request
the U.S. Housing and Urban Development department for the release of
the funds for the 2005-2006 fiscal year to begin June 1, 2005.
FINANCIAL IMPACT: The decision will determine the CDBG/HOME
budget for 2005-2006.
BUDGET ACTION REQUIRED: The decision will establish the budget. .
STAFF RECOMMENDATION: The Commission has already received
the staff recommendation.
COMMITTEE RECOMMENDATION: The Commission has already
received the Citizen's District Council recommendations.
2005 - 2006 CDBG I HOME ACTIVITY
Community Development Block Grant City Commission
Administration Citizen District Council Preliminary City Commission
Organization Name/Program Title Amount Reguested Recommendation Recommendation Recommendation Final Decision
1 Muskegon Community Health Project 5,000 0 0 0
"Miles for Smile Dental Services"*
2 West Michigan Veterans 5,000 0 5,000 0
Veterans Assistance •
3 Pioneer Resources 2,500 0 0 0
Rec for People wldisabilities •
4 HealthCare 6,418 0 5,000 0
Health screening to low-income •
5 American Red Cross 5,000 0 5,000 0
Senior Transportation•
6 Legal Aid of Western Michigan 15,000 0 0 0
Counseling/Legal Education •
7 Neighborhood Invest Corp 9,000 0 0 0
5th Street Landscape •
8 Child Abuse Council 6,000 0 0 0
Renovation •
9 Sacred Suds 10,000 0 0 0
Laundry&Shower Service •
.1 0 Community and Neighborhood Services 225,000 171,000 171,000 171,000
Siding Program
11 Fire/1 nspection 100,000 50,000 50,000 50,000
Dangerous Building/Demolition
12 Community and Neighborhood Services 230,000 171,000 171,000 171,000
Emergency Rehabilitation
13 Community and Economic Development 20,000 10,000 0 10,000
Fac;ade Improvement
14 Community and Neighborhood Services 197,500 180,000 180,000 180,000
CDBG Administration••
15 Community and Neighborhood Services 100,000 69,500 69,500 69,500
Rehab Service Delivery
16 Engineering I CNS 80,000 55,000 55,000 55,000
Street Assessment Relief
17 Leisure Services 92,243 75,000 75,000 75,000
Youth recreation*
18 Finance Dept 245,000 245,000 245,000 245,000 245,000
Repayment of Shoreline Dr. Bond
19 City Planning 50,000 30,000 25,000 30,000
Lot Clean-up
20 City Planning 45,000 40,000 40,000 40,000
Code Enforcement
21 DPW 56,901 40,000 40,000 40,000
Senior Transit*
Total CDBG Request 1,505,562 1,136,500 1,136,500 1'136,500
Total CDBG Allocated+ PI (OJ 1'137,000 1,137,000 1'137,000 1,137,000
Allocated/Request Difference $ (368,562) $ 500 $ 500 $ 500
Total Amt of Public Service* 213,062 115,000 130,000 115,000
Public Service mandated Amt < or= to 15% 170,550 170,550 170,550 170,550
Difference $ (42,512) $ 55,550 $ 40,550 $ 55,550
Total Amt of City Administration Request** 197,500 180,000 180,000 180,000
Administrative mandated Amt < 20% 227,400 227,400 227,400 227,400
Difference $ 29,900 $ 47,400 $ 47,400 $ 47,400
HOME City Commission
Administration Citizen District Council Preliminary City Commission
Organization Name/Program Title Amount Reguested Recommendation Recommendation Recommendation Final Decision
1 Community and Neighborhood Services 125,000 100,000 100,000 124,503
Tax-Reverted Rehabilitation
2 Community and Neighborhood Services 75,000 65,000 65,000 86,780
HOME /nfi/1 Program
3 Community and Neighborhood Services 33,700 33,700 33,700 33,700
HOME Administration***
4 Community and Neighborhood Services 50,000 20,000 20,000 28,168
Rental Rehabilitation
5 Neighborhood Investment Corp 95,000 70,000 70,000 35,385
Housing Rehab, Neighborhood Imp.****
6 Habitat For Humanity 50,000 35,000 35,000 15,165
Acquisition/Rehab****
Total Amt of HOME Request 428,700 323,700 323,700 323,700
HOME Allocation 337,000 337,000 337,000 337,000
Reprogram Funds
Total Amt Home Available 337,000 337,000 337,000 337,000
Total Ami Difference $ (91,700) $ 13,300 $ 13,300 $ 13,300
Total Amt of HOME Administration *** 33,700 33,700 33,700 337,000
Total Amt mandated= 10% 33,700 33,700 33,700 337,000
Difference $ - $ - $ - $
Total amt of HOME CHDO request**** 145,000 105,000 105,000 50,550
Total Amt mandated 15% 50 550 50,550 50,550 50,550
Difference $ (94,450) $ (54,450) $ (54,450) $
NOTE
*Public Service, **City CDBG Administration, ***HOME Administration, ****CHDO Request
Q:CNS\Common\Excei\05.06_Act
2005 - 2006 CDBG I HOME ACTIVITY
Community Development Block Grant City Commission
Administration Citizen District Council Preliminary CityCommi'
Organization Name/Program Title Amount Reguested Recommendation Recommendation Recommendation Final Decis
1 Muskegon Community Health Project 5,000 0 0 0
"Miles for Smite Dental Services"*
2 West Michigan Veterans 5,000 0 5,000 0
Veterans Assistance*
3 Pioneer Resources 2,500 0 0 0
Rec for People wldisabilities*
4 HealthCare 6,418 0 5,000 0
Health screening to tow-income*
5 American Red Cross 5,000 0 5,000 0
Senior Transportation*
6 Legal Aid of Western Michigan 15,000 0 0 0
Counseling/Legal Education*
7 Neighborhood Invest Corp 9,000 0 0 0
5th Street Landscape*
8 Child Abuse Council 6,000 0 0 0
Renovation*
9 Sacred Suds 10,000 0 0 0
Laundry&Shower Service*
10 Community and Neighborhood Services 225,000 171,000 171,000 171,000
Siding Program
11 Fire/Inspection 100,000 50,000 50,000 50,000
Dangerous Building/Demolition
12 Community and Neighborhood Services 230,000 171,000 171,000 171,000
Emergency Rehabilitation
13 Community and Economic Development 20,000 10,000 0 10,000
Fa<;ade Improvement
14 Community and Neighborhood Services 197,500 180,000 180,000 180,000
CDBG Administration**
15 Community and Neighborhood Services 100,000 69,500 69,500 69,500
Rehab Service Delivery
16 Engineering I CNS 80,000 55,000 55,000 55,000
Street Assessment Relief
17 Leisure Services 92,243 75,000 75,000 75,000
Youth recreation*
18 Finance Dept 245,000 245,000 245,000 245,000 245,
Repayment of Shoreline Dr. Bond
19 City Planning 50,000 30,000 25,000 30,000
Lot Clean-up
20 City Planning 45,000 40,000 40,000 40,000
Code Enforcement
21 DPW 56,901 40,000 40,000 40,000
Senior Transit*
Total CDBG Request 1,505,562 1,136,500 1,136,500 1,136,500
Total CDBG Allocated+ PI (0) 1,137,000 1,137,000 1,137,000 1'137,000
Allocated/Request Difference $ (368,562) $ 500 $ 500 $ 500
Total Amt of Public Service* 213,062 115,000 130,000 115,000
Public Service mandated Amt ::-"' -~ ~ ~~... ~ ~~# :~>"' ~ ~ DCensus 10
,~
~ r1f ~ ~ »" ::..~"' " ~ (;I ~" ~"'
Q>
~~<;
""' ~<$ ;;v >b-<:i ~"' ~"' ,# :,~;."' ~ ~~ II Census 21
,.;; <$ ~ ~· ~- " v~ '-'"'
~~"
2
Household Income
The U. S. Department of HUD designated household in 3 categories to be eligible for their
funding:
• Extremely Low-Income are households who earn 30% of the areas median family income
or below. According to the 2000 Census, 2,199 households in Muskegon met the
extremely low-income category.
• Very Low-Income households have incomes between 31% and 50% of area median and
account for 9.2% of the total community's households
• Low-income households have incomes between 51% and 80% of the areas median
income for the community which in Muskegon is 3,272 households or 22% of the city's
total household
Housing Units
According to the 2000 Census, the city of Muskegon possesses 15,999 housing units of that
aggregate number 14,569 or 91.6% is occupied. Of the total housing units in the city 8,284 or
51.7% are owner occupied while 6,285 or approximately 39% of the aggregate are rental units.
Census Neighborhood Total Units Occupied Units Owner Occupied Renter Occupied Vacant Units
Tract
1 Marquette 2,109 2,023 565 1,453 86
2 Jackson Hill 390 339 227 112 51
3 Angell 1,377 1,204 572 631 173
4 East Muskegon 2,271 2,1,58 1,681 477 113
5 Mclaughlin 2,205 1,961 1,007 954 244
6.01 Nelson South 706 631 382 249 75
6.02 Nelson North 1,266 1,051 303 748 215
7 Downtown 37 30 4 26 7
8 Nims 1,536 1,408 937 471 123
9 Lakeside 1,740 1,652 1,357 295 88
10 Beachwood/Bluffton 695 625 528 97 70
21 Glenside/Campbell 1,763 1,580 790 790 183
City of Muskegon 15,999 14,569 8,284 6,285 1,430
The city of Muskegon has one of the oldest housing stock in the state of Michigan.
Age of Housing Units in the City of Muskegon
Year Built Number Percent
1999-March 2000 60 .04
1995- 1998 426 2.7
1990-1994 278 1.7
1980-1989 594 3.7
1970-1979 1884 11.8
3
1960- 1969 1726 10.8
1940-1959 6057 37.8
1939 or Earlier 4992 31.2
The following table shows the city of Muskegon housing both owner occupied and renter
occupied by the year it was constmcted.
Tenure by year structure built
Owner Occupied Renter Occupied
·---
Year Built #of Units Year Built #ofUn~
1999 - March 2000 41 1999 to March 2000 0
1995- 1998 152 1995- 1998 220
1990- 1994 ··r--~371 1990- 1994 138
1980- 1989 154 1980- 1989 415
1970-1979 369 1970- 1979 1375
1960- 1969 735 ·-·· 1960- 1969 857
·------
1950- 1959 1797 1950- 1959 --1011
--
1940- 1949 1922 1940- 1949 1805
1939 or Earlier 2991 1939 or Earlier 1442
Housing Cost Analysis
According to the 1990 and 2000 Census, the median value of housing increased from $32, I 00 to
$59,800 in ten years.
Value 1990 2000
<$50,000 6177 2710
50,000- 99,999 1235 4073
100,000- 149,999 63 477
150,000- 199,999 22 146
200,000-299,999 0 Ill
300,000-499,999 0 13
500,000 or more 0 0
4
NORTH MUSKEGON
Housing Value· City of Muskegon
0\MlerOccupied Median
Housing Unit Value
$0 to $49,999
$50,000 to $74,999
$75,000 to $99,999
$100,000 to $124,999
$125,000 to $149,999
MUSKEOON
$150,000to $174,999
$175,000 to $199,999
$200,000 to $249,999
$250,000 to $349,999
$350,000+
0 .4 .8 1.2
Mles
SourrB: 2000Cen9..Js
According to the U. S. Department of Housing and Urban Development, if a household send
30% or more of the totaled household income on rent or a mortgage, those households are
classified at being in a cost burden. (see tables below)
Owner cost as a percentage of households in 1999 dollars
Less than 15% 3204 42.5
15-19% 1236 16.4
20-24% 1005 13.3
25 - 29% 549 7.3
30 - 34% 364 4.8
35% or more 1090 14.5
Almost 20% of homeowners in Muskegon spend 30% or more of their total income on housing
NORTH MUSKEOON
Monthly Mortgage Rate Profile - City of Muskegon
$500to$599
$600to $699
MUSKEGON
$900to$999
$1,000 to $1,249
$1,250 to $1,499
$1 ,500 to $1 ,999
$2,000+
0 .4 .8 1.2
Mles
Sourre: 2000 Census
5
Gross rent as a percentage of household income in 1999
Less than 15% 1135 18.2
15-19% 910 14.6
20 - 24% 746 12.0
25 - 29% 647 10.4
30-34% 511 8.2
355 or more 1958 31.4
Almost 40% of the renters in the city pay 30% or more of their household income on housing.
NORTH MUSKEGON
Rent Profile - City of Muskegon
Median Rent
$0 1o$299
$30010$399
$40010 $499
$500 10 $599
MUSKEGON
$600 10 $699
$700 10$799
$800 to$899
$90010$999
$1 ,000 to $2,500
0 .4 .8 1.2
Mles
Source:2000Census
Public Housing
The Muskegon Housing Commission is a stand-alone agency separate from the City of
Muskegon since 2000 manages the public housing in the city of Muskegon. The agency owns
and operates one multifamily housing complex designated for the elderly and disabled at 1080
Terrace. The name of the structure is Hartford Terrace. The complex consists of 160 one-
bedroom units. The structure was originally built in 1973 as an elderly only building. Currently
the individuals are eligible who are 50 years old or disabled.
During the time of the development of the 2000 city of Muskegon Housing Commission, the
Muskegon Housing Commission had an inventory of 32 scattered site homes. Eight of those 32
sites were homes that the Housing Commission had obtained during the old Turnkey-3 program.
Many of the Turnkey 3 structures had been vacant for a number of years and had created a
blighting influence on their respectful neighborhoods. During the summer of 2003, through an
agreement with the Housing Commission and the City of Muskegon, the structures were sold to
the City of Muskegon and the city demolished all the structures within 30 days.
6
The City of Muskegon's Community and Neighborhood Services office aggressively developed
a plan to build new homes on four of the original sites. At this time three of the sites 1668
Beidler, 361 Oak and 284 Iona all have new homes built on them and are occupied by low to
moderate income homebuyers. The last site 710 Marcoux is designated to have a home built on
it during the summer of 2005. One of the intentions mentioned in the 2000 city of Muskegon
Consolidated Plan was to rid the City's neighborhoods of the blighted Tumkey-3 units and
proudly it was achieved.
It was also mentioned in the 2000 Consolidated Plan that the Hartford Tenace complex was in
need of extensive repairs and updating. In the last four years, the Housing Commission has been
able to achieve that goal. Some of the items that have been updated or repaired at the Hartford
Tenace complex are replacement of ventilation and air conditioning, units replacement of
flooring, remodeling of kitchens, repairing of elevators, update of security system, updating of
plumbing and electrical, the replacement oflounging area furniture, painting, landscaping, etc.
Section 8
The Muskegon Housing Commission is one of two agencies in Muskegon County who
administer the Section 8 tenant-based program. The tenant-based program is designed to
increase affordable housing choices for very low-income families. Persons or families who have
a tenant based voucher choose and lease safe, decent and affordable privately owned rental
housing. Cunently, the Muskegon Housing Commission has allocated 164 vouchers. Of the 164
vouchers, 81 vouchers are being used by persons or families that qualify as elderly or disabled.
There are cunently 318 persons on the MHC Section 8 waiting list. The MCH manages 64% of
the Section 8 vouchers in Muskegon County.
The average yearly income for a household receiving Section 8 assistance is $5,159, the average
monthly rent not including utilities is $143.00. The average rent including utilities per month is
$237.00.
Public assistance is the sole source of income for 15% of households. Households that are
working comprise 38% of the aggregate while 31% of the working households also receive
Temporary Assistance for Needy Families (TANF).
A breakdown of the time that the recipients have been on the program is the following:
Less than 1 year 24 15%
Less than 2 years 36 23%
Less than 3 years 27 17%
Less than 4 years 3 2%
Less than 5 years 21 13%
More than 5 years 48 30%
7
Number of Family members younger than 18 years 489
Number of Families with Children 229
Income Source Number Percent
Child Support 7 3%
Federal Wages 10 1.2%
General Assistance 59 24%
Military Pay 1 .4%
Other Non Wage Sources 1 .4%
SSI 79 32%
Social Security 27 11%
TANF (formerly AFDC) 5 2%
Unemployment Benefits 5 2%
Other Wages 56 22.4%
Range of Income
Income Count Percent
$0- $5,000 20 13%
$5,000- $10,000 85 53%
$10,000-$15,000 38 24%
$15,000 - $20,000 14 9%
$20,000- $25,000 2 1%
$25,000 + 1 1%
Income Levels
Extreme Low 316 95%
Very Low 13 4%
Low 0 0%
Other 2 1%
In the 2000- 2004, City of Muskegon Consolidated Plan an inventory of the Muskegon Housing
Commission's scattered houses was listed and the individual status of the property and update of
the Housing Commission inventory is listed below
Address Bedroom Occupant Status
429 Adams 3 Vacant- 2000 I Sold- 2004
2137 Austin 3 Occupied- 2000 I Sold- 2004
1668 Beidler 3 Vacant- 2000 I Demo- New house 2004
383 Catherine 3 Vacant- 2000 I Demolished 2004
876 Cedar 3 Occupied- 2000 I Sold- 2004
492 Erickson 3 Vacant- 2000 I Sold- 2004
531 Getty 3 Occupied- 2000 I Sold- 2004
372 Houston 3 Occupied- 2000 I Sold- 2004
284 Iona 4 Vacant- 2000 I Demo- New house 2004
9
The law allows some families to receive assistance from Federal TANF funds for more than five
years based on hardship. The average month number of families in hardship status may not
exceed 20% of the states average monthly caseload during that fiscal year. Cunently 117
families in Muskegon County have been allowed to received assistance beyond the 60 months
because of their hardship status.
Also, according to the 2000 census of the 943 grandparents who are classified as care givers in
Muskegon County, 514 of them are responsible for their grandchildren. The additional
responsibility of their grandchildren creates additional financial strain on the household.
The most telling measurement to the economic situation of far to many families in the city of
Muskegon is the high unemployment rate. Again, this is expressed in the section on
unemployment that a significant portion of the population could be classified as the hidden
unemployed.
I
I
In addition, a
i
significant part NORTH MU9 >
u. >
LL.
>
LL.
0
N
LL.
>
LL.
Late 1990's
During the last five years, the unemployment rate has fluctuated between the six percent rate and
double digits unemployment.
15
5-Year Unemployment Rate
14.00% -
12.00%~----"1"1'------! .-----,
8, 10.00%~------11---~ []2000
~ 8.00%~---t []2001
~
Cl)
6.00%~1?----f
4.00%
[]2002
Q.
2.00% 02003
0.00% ................_._..............---.&.&..,.-~ .2004
Year
Lead Poisoning A Critical Issue for Michigan
Lead poisoning is a serious environmental illness that has life long effects on the individuals who
become lead poisoned and yet is entirely preventable. Lead poisoning in children may effect
their health and cognitive abilities casing permanent and irreversible damage. The lead that
accumulates in a child's body and brain may cause anemia, hearing loss, hyperactivity,
aggressive behavior, liver and kidney damage, development delay, difficulty with learning due to
loss of IQ, brain damage and in extreme cases, even coma and death.
The serious effects of lead poisoning affect the entire community, not just the child who becomes
lead poisoned. A child with diminished ability to learn will result in "years of productive life
lost" and need the assistance of public and private agencies to function in society. A child who
demonstrates aggressive delinquent behavior may become incarcerated utilizing scarce state
resources.
Currently, Michigan ranks as the sixth highest state in the terms of the estimated population of
children with lead poisoning and the percentage of children found in Michigan with elevated
blood lead levels remains higher than the national average. In 2003, more than 100,000 children
under age of six years were tested for blood lead status and 3,141 children were found to be lead
poisoned. Another 747 children with preliminary finding of elevated blood lead levels await
confirmation of their lead status.
Lead based paint was in common use for the interior and exterior of houses prior to 1950.
Between 1950 and 1978, the percentage of lead in paint utilized in housing gradually decreased
but it was not until 1978 that lead-based paint was banned for use in residential structures.
Source: Michigan Department ofEnvironmental Quality
Lead Based Paint City of Muskegon
According to 2000 U.S. Census and the Michigan Department of Community Health 30% of the
homes in Muskegon were built before 1950, while in the city of Muskegon 68.4% of the housing
stock was built before 1950. Of the owner-occupied units 81% were built before 1950, while
52% of the rental units were built before 1959. This information is based on the 2000 census so
any units built after 1999 is not included in data.
16
The City of Muskegon was required to redesign its housing rehabilitation programs in order to be
in compliance with the HUD's federal guidelines. The City was forced to discontinue its popular
paint program because the additional requirements made it financial unfeasible. The other
rehabilitation program costs increased also, which decreased the number of households that the
City's Community and Neighborhood Services department was able to assist.
The City did work diligently to have staff persons cet1ified in lead base paint inspections and risk
assessors. The city also financed for approximately 100 contractors to obtain the Safe Work
Practice certification.
According to the information supplied by the Muskegon County Health Department, the City of
Muskegon's central neighborhoods census tracts 1 (Marquette), 2 (Jackson Hill), 3 (Angell), 5
(McLaughlin) 6.01 (South Nelson), 6.02 (Not1h Nelson), are some of the highest risk areas for
childhood lead poisoning in Muskegon County.
A review of children tested for lead reveals that the majority of children tested were in zip code
49442.
Zip Code Number of Children tested (age 0 - 9)
49440 66
49441 2,178
49442 4,009
49443 42
49444 2,775
Infant death rates (per 1,000 live bi11hs)
'97 '98 '99 '00 .'Ql '02
Muskegon County 9.6 6.3 14.1 7.5 10.3 6.1
Michigan 8. I 8.2 8.0 8.2 8.0 8.1
··---~-· --
2002 Leading Cause of Death
African American _Muskegon
···-···---~---
Michigan us
Heart Disease 2 1 1 1
Cancer 1 2 2 2
Stroke ----~-
3 3 3 3
~9nic '=,_9WE?iJ3_E:!~Pir_C1!9D': 6 4 ----·- --- 4 4
~ccidents 4 5 5 - 5
---"-------
Diabetes 5 6 6 6
Pneumonia/Influenza--~~----
9 7 -
7 7 -~
Alzheimers 7 8 8 8
- ---::;---
Kidney Disease 8
----------
9 9 9
Suicide N/A 10 10 10
Septicema 10 N/A N/A N/A
Leading cause of death information was not available for the Hispanic or Asian population for
the County.
Needs of Persons Threatened with Homelessness
Housing is deemed "affordable" if persons are paying no more than 30% of their income towards
housing costs. According to the 2000 census, 1454 of specified owner-occupied units were
paying more than 30% of their income for housing cost, which represents 19.3% of the specified
owner-occupied households in Muskegon, according to the Census statistical equation. If we
took that same percentage to the total owner-occupied homeowners household who have
extremely low incomes (0 - 30% MFI) and pay half or more of their income on housing are the
group just at risk of becoming homeless. The continuing increase of housing cost and the
stagnant wages that many individuals and families at the lower rung of the economic ladder are
experiencing. As well as the continuous decline or lack of increase in the number of section 8
certificates or vouchers in Muskegon County.
The fair market rate for the Grand Rapids - Muskegon - Holland MSA is $796.00 for a 3
bedroom home or apartment. A household making $8.00 per hour would be required to work
99.5% hours during one week to make the rent for a fair market unit; while an individual would
need an income of approximately $16.50 per hour at a straight 40 hour week for a month. In
order to be able to afford to allocate 30% of their wages to housing in order to afford a fair
market 3-bedroom unit. Therefore someone with an income of just above minimum wage at
$6.00 per hour would need to work an unthinkable 440 hours per month to gross an income to
afford the fair market rent for 3 bedroom apartment.
18
Some of the mechanism that assist low income residents with their housing cost arc items like
rent or mmigage assistance, utility assistance, as well as factors that help an individual and or
family increase their earning potential. Some of those factors are education, employment
training, subsidize childcare and subsidize transportation cost. According to the 2000 census
approximately 6092 residents or 42% of the working population who don't work at home work
outside the city. The census also revealed that approximately 14 %of Muskegon households
don't have automobiles. Therefore, in order to improve an individual economic status
transportation is a major factor. According to the census, the median time to get to work is 19.9
minutes. The 2002 Analysis of Impediments to Fair housing Choice from the Muskegon
Metropolitan area listed the following factors as potential ban·iers to housing choice.
1. unpaid utility bills
2. credit rating
3. insufficient income
4. insufficient knowledge of availability of information
5. unstable job
It is obvious from what was gathered for this document that many of those same factors, if not
all, can also be factors to cause at-risk families to become homeless.
Anti-Poverty Strategy
The City of Muskegon anti-poverty strategy consist of four main components which included,
the development of affordable housing while helping to maintain and upgrade the city's existing
housing stock, the promotion and delivery of supportive services within the community as it
relates to the needs of the most fragile residents of the community to create an atmosphere that
attracts businesses, retains the existing businesses and support entrepreneurials and also to
promote access to health care and to promote healthy life style living for all residents.
Housing: This is the main building block of the city of Muskegon's anti-poverty strategy.
Without affordable and or quality housing the extremely-low and very low income households
will continue to pay large portions of their incomes on housing leaving little resources for the
other necessities such as food, utilities, clothing, transportation etc. Over the next five years, the
city will continue to work closely with entities that provide housing oppmiunities to the city of
Muskegon. Also when deemed in the best interest of the community, the city will work with
outside entities to increase the quantity of housing in the community both affordable and market
rate. As the city's housing rehabilitation funding remains available, the city will continue to
diligently make the available rehabilitation services to qualified residents.
Supportive Services: Many households benefit from the availability of supportive services.
Unfortunately, in most cases the public services find themselves in a position of more need than
funding available to meet the needs of their client base. It is hoped that funding will be available
to assist these impmiant programs as they attack the root cause of pove1iy.
Employment: As mentioned earlier in the plan, the city of Muskegon has had a higher
unemployment rate than the majority of the surrounding communities as well as the state of
19
Michigan and the county as a whole. By strengthening the local economy, by making it more
diverse all of the city's residents will find themselves in a better position to have the best quality
oflife. The city itself will increase its overall tax base and improve the image of the community.
Many local agencies that work with the low and moderate-income population will need to
connect. The residents with the programs that will help them obtain long-term employment. As
in most successful communities development projects it is imperative that many different
elements of the community are involved. Some of the main partners required are the business
community, nonprofits, education community, the faith base community and, of course,
government.
It is also important because a large portion of the city of Muskegon is under 25 years old that the
emphasis is started as early as possible. Some of the responses from the business community as
well as the workforce development community reinforce this point.
Health: In order to be productive and have a good quality of life, it is important to have positive
health. It is evident from the section of the plan that covered health in Muskegon County that
there is some health disparities. It is also evident that negative health can affect a person's
ability to be a good worker, neighbor and or homeowner. It also was noted that negative health
or a negative health style could affect a family for generations. Therefore, it is important that
when possible, the city of Muskegon partners with the health community in order to promote and
insist on a community of health styles. Therefore, the whole community can enjoy the positive
living of being a citizen of the city of Muskegon. Similar to the other anti-poverty strategies to
be most effective there should be collaboration across the community.
Elderly Frail
The 2000 Census identified $,977 persons age 65 and over. This account for 12.4 % of the total
population of the city of Muskegon. The percentage of 65 and over residents in Muskegon
County is slightly more than the city at 12.9%. Although the researcher was unable to find an
exact number to identify the city's or county's elderly frail, national statistics estimates the
frail/elderly population at 2 to 8% of the population over 60. By HUD's definition "frail"
includes persons who are unable to perform at least three activities of daily living (e.g. eating,
dressing bathing, grooming and household management activities). With the last of the
established baby boomers becoming sixty-five years old in 2,028, there will be a need to assist
the elderly populations in creative ways.
According to the commission on affordable housing and health facility needs for seniors in the
21st Century rising concerns about the cost of social security, Medicaid, Medicare and other
federal entitlement programs threaten housing stability and appropriate in home health care for
the elderly and frail elderly. The need to forage public private partnerships to deliver service and
housing to the elderly has become increasing impmiant. This is due to a number of issues
including the growth in the elderly population and the continued move away from
institutionalization toward more community-based care.
20
Percent of Muskegon Population by Age according to the 2000 Census
Total population 40,105
Under 5 3,062 7.6%
5- 9 3,082 7.7%
10 - 14 2,736 6.8%
15 - 19 2,593 6.5%
20 - 24 3,536 8.8%
25 - 34 6,672 16.6%
35-44 6,222 15.5%
45-54 4,670 11.6%
55 - 59 1,446 3.6%
60 - 64 1,109 2.8%
65 - 74 2,218 5.5%
75 - 85 1,989 5.0%
85+ 770 1.9%
Source: 2000 Census
Age Population
18000 - - ~1
16000 l
~ 14000 I
c.. 12000 I
~ 10000 -1
t 8000 i
0 6000
'It: 4000
2000
0
Age
21
Marquette Neighborhood and City of Muskegon Comparison
Mar uette Population Chanoe 1970 • 2000
Year 1970 I 1980 I 1990 I 2000 Year 2000
Population 1,892 I 4,408 I 3,993 1 4,231 Population 40,105
I% Change in population since 1Si!f 224% I I% of Change in Population since 1970 -10.1% )
C Persons Per Household I Persons Per Household I Number of Households
I 2 !City of Muskegon I 2.51 I 14,770
C~CiiarlHousehold 1 Median Household
1 $ 24,028 City of Muskegon $ 27,929
Educational Attainment- Mar uette Educational Attainment- City_of Muske on
High School Some College Bachelors High School ISome College IAssociates Bachelors
33.70% 23.80% 9% 37.10% J 24.90% _l 7% 6%
Population by Age and Gender- Marquette Population by Age and Gender - City of Muskegon
Male Female Male Female
1,943 2,288 20,971 19,134
Age Number Percentage Age Number Percentage
1-14 729 17.23% 1-14 9,845 24.40%
15-24 961 22.70% 15-24 6,129 15.20%
25-34 689 16.30% 25-34 6,672 16.50%
34-44 549 13.00% 34-44 6,222 15.40%
45-54 453 10.70% 45-54 4,670 13.50%
55-64 269 6.40% 55-64 2,555 11.60%
65+ 581 - _13.70%_ ' 65+ 4,977 6.30%
Race Race
White 2,631 62.18% White 24,309 60.61%
Black 1,277 30.18% Black 12,701 31.67%
Hispanic 258 6.10% Hispanic· 2,560 6.38%
Others
Demolitions in Marquette Total Demolitions
2000 I 2001 I 2002 I 2003 I 2004 2000 I 2001 l 2002 J 2oo3 1 2004
0 I 0 I 0 I 0 I 0 38 I 37 I 38 I 20 I 36
Homeownership vs Rental Rates - Marquette Homeownership vs Rental Rates- Muskegon
Total Units 2,109 Total Units 15,999
Occupied Units 2,028 96.10% Occupied Units 14,569
6wner-Occupied 565 26.70% Owner-Occupied 8,284 51.80%
Rental Occupied 1,458 69.10% Rental Occupied 6,285 39.30%
Vacant 86 4.00% Vacant 1,430 8.10%
Jackson Hill Neighborhood and City of Muskegon Comparison
City of Musker:;on Population
Year 2000 Year I 1970 I 1980 I 1990 I 2000
Population 1,057 Population I 44,631 I 40,823 I 40,283 I 40,105
[%Change in Population since 1970 -41.5%] [%of changein Populailonsince 1970- -10.1% 1
Persons Per Household Persons Per Household Number of Households
3.1 City of Muskegon I I 2.5 14,770
Median Household Median Household
$ 18,849 City of Muskegon I I $ 27,929
Educational Attainment Educational Attainment- City of Muske on
High School Some College Associates High School \Some College \Associates Bachelors
30.20% 25.50% 4.70% 37.10% I 24.90% I 7% 6%
Population by Age and Gender Population by A~e and Gender- City of MuskeQon
Male Female Male Female
479 578 20,971 19,134
Age Number Percentage Age Number Percentage
1-14 347 33.00% 1-14 9,845 24.40%
15-24 162 15.30% 15-24 6,129 15.20%
25-34 138 13.00% 25-34 6,672 16.50%
34-44 130 12.30% 34-44 6,222 15.40%
45-54 89 8.40% 45-54 4,670 13.50%
55-64 62 5.90% 55-64 2,555 11.60%
65+ 129 - ' 12.20%- -----
65+ - 4,977 6.30%
Race Race
White 266 25.10% White 24,309 60.61%
Black 729 68.90% Black 12,701 31.67%
Hispanic 87 8.23% Hispanic 2,560 6.38%
Total Demolitions
2000 2004 2000 I 2001 I 2002 I 2003 l 2004
1 1 0 38 I 37 I 38 I 20 I 36
Homeownership vs Rental Rates Homeownership vs Rental Rates - Muskegon
Total Units 1,740 Total Units 15,999
Occupied Units 1,652 95% Occupied Units 14,569
Owner-Occupied 1,357 78.00% Owner-Occupied 8,284 51.80%
Rental Occupied 295 17.00% Rental Occupied 6,285 39.30%
Vacant 88 5.00% Vacant 1,430 8.10%
Angell Neighborhood and City of Muskegon Comparison
Angell Population Chance 1970- 2000
Year I 1970 I 1980 I 1990 I 2000 Year 2000
Population I 4,947 I 4,095 I 3,695 I 3,301 Population 44,631 __40,105
I'/o Change in Population since 1970 --- -33.27% I lo/;;- of Change in Population since 1970 -1oKJ
Persons Per Household Persons Per Household Number of Households
Angell I 2.7 City of Muskegon I I 2.5 14,770
Median Household Median Household
Angell I$ 18,950 of Muskegon I I $ 27,929
Educational Attainment - Angell Educational Attainment- Ci.!Y_ of Muske on
High School \Some College \Associates \Bachelors High School JSome College JAssociates Bachelors
33.20% I 23.30% I 6.70% I 3.60% 37.10% I 24.90% 7% 6%
Population by Aqe and Gender - Anqell Population by Age and Gender- Ci.!Y_ of Musk~on
Male Female Male Female
1,512 1,789 20,971 19,134
Age Number Percentage Age Number Percentage
1-14 965 29.20% 1-14 9,845 24.40%
15-24 488 14.80% 15-24 6,129 15.20%
25-34 417 12.60% 25-34 6,672 16.50%
34-44 417 12.60% 34-44 6,222 15.40%
45-54 368 11.10% 45-54 4,670 13.50%
55-64 242 7.30% 55-64 2,555 11.60%
65+ - - L .. 404 ' 12.20% 65+ --- 4,977 - '--- 6.30%
~
Race Race
White 960 29.08% White 24,309 60.61%
Black 2,078 62.95% Black 12,701 31.67%
Hispanic 220 6.66% Hispanic 2,560 6.38%
Demolitions in Anqell Total Demolitions
2000 I 2001 I 2002 I 2003 1 2004 2000 2001 2002 2004
10 I 9 I 10 I 6 I 1:3 ~ 38 37 38 36
Homeownership vs Rental Rates -Angell Homeownership vs Rental Rates- Muskegon
Total Units 1,377 Total Units 15,999
Occupied Units 1,204 87.40% Occupied Units 14,569
Owner-Occupied 572 41.50% Owner-Occupied 8,284 51.80%
Rental Occupied 632 45.90% Rental Occupied 6,285 39.30%
Vacant 173 12.60% Vacant 1,430 8.10%
East Muskegon Neighborhood and City of Muskegon Comparison
East MuskeQon Population Chan1 e 1970- 2000
Year I 197o I 1980 1990 I 2000 Year 2000
Population I 7,273 I 6,871 6,773 I 9,598 Pop_ulatLor1__ 44,631 40,105
I% Change in Population since 1970_____ 132% I I% of Change in Population since 1970 -1 0.1% I
Persons Per Household Persons Per Household Number of Households
City of Muskegon I I 2.5 14,770
Median Household
Citv of Muskegon I I$ 27,929
Educational Attainment Educational Attainment - City of Muske on
High School Bachelors High School ISome College !Associates Bachelors
41.10% 3.60% ' 37.10% __L_24.90% 1_7%- 6%
Population by Age and Gender Population by Age and Gender- City of Muskegon
Male Female Male Female
6,368 3,230 20,971 19,134
Age Number Percentage Age Number Percentage
1-14 1552 16.10% 1-14 9,845 24.40%
15-24 1330 13.90% 15-24 6,129 15.20%
25-34 2138 22.30% 25-34 6,672 16.50%
34-44 1946 20.30% 34-44 6,222 15.40%
45-54 1246 12.90% 45-54 4,670 13.50%
55-64 487 5.10% 55-64 2,555 11.60%
65+ ' 899 9.40% 65+ 4,977 6.30%
Race • Race
White 5,186 54.03% : White 24,309 60.61%
Black 3,602 37.53% '
Black 12,701 31.67%
Hispanic 605 6.30% Hispanic 2,560 6.38%
Total Demolitions
2000 2004 2000 2001 2002 2004
2 0 2 38 37 38 36
Homeownership vs Rental Rates Homeownership vs Rental Rates - Muskegon
Total Units 2,271 Total Units 15,999
Occupied Units 2,158 95.02% Occupied Units 14,569
Elwner-Occupied 1,681 74.00% Owner-Occupied 8,284 51.80%
Rental Occupied 477 21.00% Rental Occupied 6,285 39.30%
Vacant 113 4.90% yacant ---···-
1,430 - - 8.10%
Mclaughlin Neighborhood and City of Muskegon Comparison
Year 2000 Year 2000
Population 5,705 Populati()n 40,283 40,105
I% Change in population since 1970 -1 i6o/o-] [o/i"OfChange in Population smce 1970 -10.1% ]
I Persons Per Household I Persons Per Household I Number of Households
I 2.8 ICity of Muskegon I 2.51 I 14,770
I Median Household -~ Median Household
I$ 24,569 City of Muskegon $ 27,929
Educational Attainment- City of Muskegon
High School Some College Bachelors High School 1Some College l Associates 1Bachelors
39.10% 22.20% 3% 37.10% I 24.90% I 7% I 6%
Population by AQe and Gender - McLaughlin Population b' Age and Gender- City of Muskegon
Male Female Male Female
2,738 2,967 20,971 19,134
Age Number Percentage Age Number Percentage
1-14 1,759 30.10% 1-14 9,845 24.40%
15-24 970 17.00% 15-24 6,129 15.20%
25-34 887 15.50% 25-34 6,672 16.50%
34-44 830 14.50% 34-44 6,222 15.40%
45-54 557 9.80% 45-54 4,670 13.50%
55-64 293 5.10% 55-64 2,555 11.60%
65+ 409 7.20% 65+ 4,977 6.30%
Race Race
White 2,656 46.60% White 24,309 60.61%
Black 2,439 42.83% Black 12,701 31.67%
Hispanic 22 0.39% Hispanic 2,560 6.38%
Others 588 10.31%
Demolitions in McLaughlin Total Demolitions
2000 I 2001 I 2002 I 2003 I 2004 2000 J 2001 J 2002 J 2003 J 2004
10 I 6 I 10 I 4 I 6 38 I 37 I 38 I 20 1~36
Homeownership vs Rental Rates -McLauqhlin Homeownership vs Rental Rates- Muskego~
Total Units 2,205 Total Units 15,999 I
Occupied Units 1,961 88.90% Occupied Units 14,569 I
Owner-Occupied 1,007 45.60% Owner-Occupied 8,284 51.80%
Rental Occupied 954 43.20% Rental Occupied 6,285 39.30%
Vacant 244 11% Vacant 1,430 8.10% I
South Nelson Neighborhood and City of Muskegon Comparison
City of Muskegon Population
Year 2000 Year I 1970 I 1980 I 1990 1 2000
1,713 Population I 44,631 I 40,823 I 40,283 I 40,105
I% Change in popuiaHonSlnce197o -20.7% 1 [%-of Change in PopuiatloliSfr1Ce 1970 -10.1% I
I Persons Per HouseEold I Number of Households Persons Per Household I Number of Households
I 2.7 631 I
City of Muskegon I 2.51 I 14,770
I Median Household I Median Household
I
$ 31,761 City of Muskegon $ 27,929
Educational Attainment - South Nelson Educational Attainment- Ci!Y_ of Muske on
High School Some Colle e Associates Bachelors High School ISome College !Associates Bachelors
32.40% 29.10% 7.60% 9% 37.10% 24.90% 7% 6%
Population by Age and Gender Population by Age and Gender- City of Muskegon
Male Female Male Female
813 900 20,971 19,134
Age Number Percentage I Age Number Percentage
1-14 467 27.20% I 1-14 9,845 24.40%
15-24 283 16.50% I 15-24 6,129 15.20%
25-34 238 13.90% 1 25-34 6,672 16.50%
34-44 247 14.40% 34-44 6,222 15.40%
45-54 252 14.70% 45-54 4,670 13.50%
55-64 91 5.30% 55-64 2,555 11.60%
-
65+- - - - -
135 7.90% '----
65+ 4,977 6.30%
Race Race
White 972 56.70% White 24,309 60.61%
Black 587 34.20% Black 12,701 31.67%
Hispanic 125 7.30% Hispanic 2,560 6.38%
Demolitions in South Nelson Total Demolitions
2000 2001 2002 2003 2004 2000 I 2001 l 2002 I 2003 1 2004
0 1 0 0 38 I 37 l 38 I 20 I 36
Homeownership vs Rental Rates '
Homeownership vs Rental Rates - Muskegon
Total Units 706 Total Units 15,999
Occupied Units 631 89.3% Occupied Units 14,569
Owner-Occupied 382 54.1% Owner-Occupied 8,284 51.80%
Rental Occupied 249 35.3% Rental Occupied 6,285 39.30%
Vacant 75 10.6% . Vacant 1,430 8.10%
North Nelson Neighborhood and City of Muskegon Comparison
City of Muske<:1on Population
Year Year I 1970 I 1980 I 1990 I 2000
Populatio~-- ..... _3,!)95 2,801 Population I 44,631 I 40,823 I 40,283 I 40,10.5
I% Change in Population since 1970 -22o/o -] I% of Change in Population sinc-e 1970 -10.1% I
Persons Per Household Persons Per Household Number of Households
2.3 City of Muskegon I I 2.5 14,770
Median Household Median Household
$ 18,736 City of Muskegon I I$ 27,929
Educational Attainment Educational Attainment- City of Muske on
High School !Some College !Associates !Bachelors High School !Some College JAssociates Bachelors_
41.80% I 19.20% I 1.40% I 2.30% 37.10% I 24.90% I 7% 6%
Population by AQe and Gender Population by Age and Gender- City of Musk~on
Male Female Male Female
1,478 1,323 20,971 19,134
Age Number Percentage Age Number Percentage
1-14 663 23.70% 1-14 9,845 24.40%
15-24 447 16.00% 15-24 6,129 15.20%
25-34 463 16.50% 25-34 6,672 16.50%
34-44 397 14.20% 34-44 6,222 15.40%
45-54 255 9.10% 45-54 4,670 13.50%
55-64 167 6.00% 55-64 2,555 11.60%
65+ 409
......
14.60% '---
65+ ~4,977- 6.30%
Race Race
White 1,242 44.34% White 24,309 60.61%
Black 1,356 48.41% Black 12,701 31.67%
Hispanic --- -···
180 6.43% Hispanic 2,560 6.38%
Demolitions in North Nelson Total Demolitions
2000 2001 2002 2000 I 2001 l 2002 I 2003 J 2004
6 6 11 38 I 37 I 38 20 36
Homeownership vs Rental Rates Homeownership vs Rental Rates- Muskegon
Total Units 1,266 Total Units 15,999
Occupied Units 1,051 83% Occupied Units 14,569
Owner-Occupied 303 23.90% Owner-Occupied 8,284 51.80%
.Rental Occupied 748 59.10% Rental Occupied 6,285 39.30%
Vacant 215 16.90% ,Vacant --··L.__ 1,430 8.10%
Downtown Muskegon and City of Muskegon Comparison
Downtown Population Change 1970 - 2000 City_ of Musk~n P~lation
Year I 1970 I 1980 I 1990 I 2000 Year I 1970 l 1980 I 1990 1 2000
Population 328 I 26 I 62 I 90 Population I 44,631 I 40,823 1 40,283 __40, 105
I% Change in Population since 1970 -27.4% I I% of Change in Population since 197o -10.1% I
Persons Per Household Persons Per Household Number of Households
1.5 City of Muskegon I I 2.5 14,770
Median Household Median Household
$ 43,917 of Muskegon I I$ 27,929
Educational Attainment Educational Attainment- City_of Muske on
High School Some College Associates Bachelors High School !Some College JAssociates Bachelors
18.80% 12.50% 0.00% 23.40% 37.10% I 24.90% _j__] 0/o 6%
Population by Age and Gender Population b\ Age and Gender- City of Muskegon
Male Female Male Female
45 55 20,971 19,134
Age Number Percentage Age Number Percentage
1-14 23 23.00% 1-14 9,845 24.40%
15-24 16 16.00% 15-24 6,129 15.20%
25-34 30 30.00% 25-34 6,672 16.50%
34-44 13 13.00% 34-44 6,222 15.40%
45-54 8 8.00% 45-54 4,670 13.50%
55-64 4 4.00% 55-64 2,555 11.60%
-----
65+ 6 -----
_6_()(JJ?J !NrJ6 - S-f2e=v!'-'-JO>--t#--~----'--'--
MOWER Date Owned or Leased Name of Lessor Name of Vendor
Year/Make/Model
1. H-~~='v=o~~ae=4=b~a=0~----------
2. _ _ _ _ _.
3. _________________________________________________
4. - - - - - - - - - - -
'mUCK · ·. Date Owned or Leased Name of Lessor Name of Vendor
W/LARGE ·fltAILER
Ycar/Make/Model
~: ______________________________________________
).
~j~I.Lij,@,~~i~L!l!CJ~~L..W~~=!/!'.!.._.j~~:!~cc--------
________(J§_!L;_
___
4. ___________________________________________________
SMALL MOWERS Date Owned or Leased Name of Lessor Name of Vendor
Type/Size
L I ;h.
i
2. ______________________________________________________
}. ___________________________________________________
4--------------------------------------------------~-
POWER Date Owned or Leased Name of Lessor Name of Vendor
TRIMMERS
Type/How Many?
6
L { 0;JobJ (
2. --'f~-lfl"'~-'o:;JLIIIIruG""''LlLifJ..._
..; ____________________
3. ____________________________________________________
4,
CAMERA Date Owned or Leased Name of Lessor Name of Vendor
Type/How Many?
2.
}. __________________________________________
4.
0:\Pianning\COMMON\Envlronmen!a!\2005 bids_noUces\2005 Conlract.doc
11
• Page3
Greenscapes of West Michigan LLC Bid sheets:
Schedule 1 of Agreement
CONTRACT PJUCE PROPOSAL
This proposal is based on an hourly rate of two (2) person teams. The amount of time that is necessary
for the completion of a lot will be agreed upon between the Contractor and the City's Representative.
2-Year Bid 3-Year Bid
I. Pick up w/opcrator and large trai1cr~-
minimum 10 cubic yd. capacily :3 7411>
2. Tractor w/operator and brush hogs
5' mowing bed q,~
3. Lawn mower and trimmer for lots
--
,3.\¢:
-
and Operator
4. Helping Labor, consisting of2 persons
EQUIPMENT LIST
List all of the equipment that you own or have access to for this contract.
TRACTOR Date Owned or Leased Name of Lessor Name of Vendor
Year/Make/Model
1. • K~~Lboftr Vkp _____!~ii-"-'t--'-'A,_,6«=·,(__ 5/t JeJ-.
r
I
2. K"-bo\1'1- ~~h~~~--~~~~~~~u~:~,,~"rL___,__, ___
''-------------------
3.~_2m~I·~P---+~~rY~J~~---'-'--'-1----------------
fu f)lec:d
MOWER Date Owned or Leased Name of Lessor Name of Vendor
Ycor/Make/Model
L~k.. --'"U'~----'-'"----'D.ll.i
.2Q0.3 7J" e.k I i2irl•.t
2. bmAfll< ~ 19<)':\ 5'/'' (Otll M(,< 1.:,(
3. BoLm-1. JOo(l :v"
Q:,Piannir'IQ\COMMONIEnvlronmenta!\2005 bids~ nolices\2005 Conlr(l.Ctdoc
10
TRUCK . Date Owned or Leased Name of Lessor Name of Vendor
W/LARGE TRAILER
Ycar/Make/Model
I. J!;tJ.J fOflJ !"_:{,£()_ Ole<,../
2. Jooo fC,?J 1"'1(50 !J\CSC j
3. J.ili?.!Llo,z,l 6/ill Mes.-t
4. au_o"".&"' 2sm Dl~
SMALL MOWERS Date Owned or Leased Name of Lessor Name of Vcndor
Typc/Si>c
!. /JomPA p~•L ra~·ee z!''
2. IZA/Jlorn.,-J 3J.' C.ii4/Jtbc::~i.&
3. -------------------------------------------------------
4.
POWER Date Owned or Leased Name of Lessor Name of Vendor
TRIMMERS
Type/How Many?
!. 2 ecLo 54,>l(lj J;?f ~s__ ___________________
2. d ./ru1MkA I' 1<
3. S\) b l II
4. - - - - - - - ·
CAMERA Date Owned or Leased Name of Lessor Name of Vendor
Type/How Many'!
I.
2. _____________________________________________________
3.
4. _________________________
0:\P!anning\COMMON\Environmen!al\2005 bids_notices\2005 Contrac!.doc
II
• Page5
CITY OF MUSKEGON
CONTRACT FOR SERVICES
This Agreement is effective on this 29'". day of March, 2005, between City of Muskegon, a
Michigan municipal corporation, of 933 TeiTace Street, Muskegon, Ml 49443 ("City"), and,
Lindsay Ames, of Freelance Entemrises Inc. ("Contractor"), with reference to the following facts:
Background
A. City requested bid proposals for yard maintenance and trash clean up of City-owned,
State-owned and privately-owned properties located within the City limits of Muskegon,
as well as areas including but not limited to railroad and street right-of-ways and terraces.
B. Contractor submitted a bid proposal for the yard maintenance and trash clean up the City-
owned, State-owned and privately-owned properties located within the City limits of
Muskegon as listed above.
Therefore, the parties agree as follows:
I. Inclusion of Additional Agreements. This Agreement includes, but may not be limited
to the following:
a. Invitations to bid, instructions to bidders and the pre-bid conference with
minutes;
b. All descriptions of services not included in this Agreement but used in
connection with the bidding process;
c. The bid proposal and any requirement included with or attached to the bid
documents and this Agreement; and
d. Any specifications used in connection with this Agreement.
This Agreement, together with the documents described above, constitutes the Agreement between the
parties and shall be considered as part of the Agreement as if attached or repeated herein.
In the event that there are inconsistencies within the Agreement, the Contractor shall immediately notify
the City, in writing, for a determination, interpretation, clarification and/or prioritization of the
inconsistencies.
2. Services. Contractor shall provide the following services, under the direction and
supervision of the City Planning Department, relating to yard maintenance and trash
clean up of the above listed prope11ies. Contractor shall perform the services set fm1h in
this contract in a timely, workman-like manner.
a. Mowing. Contractor shall mow all grass, weeds and brush including
mowing around all obstacles, up to three inches (3") in diameter, leaving no
ridges of high or uncut grass.
\\Muskdata\Data\Pianning\COMMON\Environmental\2005 bids._notices\2005 Final Contract. doc
1
b. Trimming/Cutting/ Raking. Contractor shall trim all bushes and unsightly
branches, cut large tree limbs or logs, rake and remove heavy concentrations of
yard clippings, small debris and fallen leaves and/or branches. Contractor shall
also sweep or blow sidewalk and/or driveways clean of debris.
c. Garbage, debris and waste removal. Contractor shall pick up and remove all
garbage, debris, trash and waste materials, including but not limited to cans,
bottles, loose papers, dead tree limbs, grass and bush clippings,
abandoned/broken/unused household appliances, fumiture, and other like items.
d. Disposal.
1. Contractor shall handle and dispose of Freon according to the applicable
State and Federal mandates.
11. Contractor shall ensure the separation and individual disposal of garbage
and lawn debris.
111. All garbage, debris, trash, waste materials, grass, weeds, brush,
appliances, fumiture and other items removed from each site shall be
transported by the Contractor for disposal to a location predetermined by
City.
e. Photographs. Contractor shall photograph each job site prior to and after
completion. The photographs will indicate each job site address and/or location
to ensure proper identification of the location and/or property. The photographs
shall also indicate the date the picture was taken. All film and processing costs
associated with this service shall be the sole responsibility of the Contractor.
f. Record Keeping. Contractor agrees to keep proper records of all work
perfom1ed on behalf of City.
g. Other. Contractor may be required to perfon11 other related work as deemed
necessary by the City Planning Department.
3. Equipment. Contractor shall fumish or supply all the equipment and labor necessary to
carry out its obligations under this Agreement. The equipment and labor includes but is
not limited to: general labor, technical personnel, machinery, tools, transportation, fuel,
and all other such materials. All equipment must meet the safety standards as required
by MlOSHA.
a. Inspection. City or its designated agents shall inspect for safety, appearance and
sanitation, all equipment used by Contractor to carry out its obligations under this
Agreement. All vehicles used in the transport of garbage, trash and other waste
must be police safety inspected. City may refuse Contractor the right to utilize
any equipment that is deemed to be unsafe, unsanitary or of an unsightly
appearance based on that inspection. In that event, Contractor shall repair,
replace or restore the equipment to a suitable condition as soon as reasonably
possible.
b. Required Equipment.
\\Muskdata\Data\Pianning\COMMON\Environmental\2005 bids_notices\2005 Final Contract.doc
2
1. Two (2) trucks.
11. Two (2) truck trailers. Minimum size: 10 yards with a 4,000 lb.
capacity.
111. Four (4) tractors. Must have a brush hog type mower or flail type mower
with a mower deck of a minimum five feet (5') diameter.
IV. Power trimmers.
v. Chain saws.
VI. Lawn mowers.
VII. Hand Tools, including rakes, brooms, shovels, pitch forks, and other
tools as deemed appropriate for the job site.
viii. Lawn edger blowers. One per team or work crew.
IX. Digital Cameras. Minimum 3 megapixel resolution with automatic
dating capacity.
x. CD-R compact discs for the transfer of digital images.
XI. Personal computer with ability to record photo images to CD-R compact
discs.
c. Method of Transport. Contractor agrees to haul tractors, mowers and other
equipment to the job location, unless otherwise approved by City.
4. Expenses. Contractor shall be responsible to pay for all expenses incurred by Contractor
related to the performance of its duties under this Agreement and for all compensation
owed to its workers and/or subcontractors.
5. Contract Price. City agrees to pay Contractor, in full consideration for the complete
perfom1ance of Contractor's obligations under this A!,'feement, the amount set forth in
the Contractor's bid proposal and documents described in paragraph 1.
6. Assignments. Work assignments are detem1ined on an as needed basis.
7. Contractor Work Crew.
a. Number. Each work crew shall consist of two (2) persons per assignment,
unless otherwise approved by the City. City reserves the right to limit the size of
work crews at any time.
b. City Representatives. City may assign one or more persons to the job site as its
Representative(s). The City Representative(s) may supervise work crews in their
perfom1ance at the job site, and may instruct the work crews as to what tasks
must be perfonned.
8. Schedule.
a. Work schedules shall be completed by City on a daily or as needed basis.
b. Provisions shall be made, at Contractor's expense, for contacting the
Contractor on short notice or in an emergency situation by any the following
methods:
1. Telephone;
n. Cellular Telephone; or
\\Muskdata\Oata\P!anning\COMMON\Environmental\2005 bids_notices\2005 Final Contractdoc
3
111. Beeper.
9. Work Orders.
a. Distribution. Work orders will be distributed to the Contractor at a location
designated by the City.
b. Completion. All jobs listed in a work order must be completed within five (5)
working days following receipt of the work order by Contractor. Time
extensions may be pennitted for inclement weather and similar restricting
circumstances, as determined by the City. All completed work orders shall be
returned to the City by 8:00a.m. the following work day after the work is
completed.
10. Payment.
a. Form.
1. Requests for payment shall be submitted on a form prepared and
approved by the City;
11. Requests shall include a list of job numbers with the corresponding cost
of each job;
111. Requests shall be on a per-quarter hour basis; total time per job to be
agreed to by the Contractor and City Representative.
1v. Requests for work completed that were not perfonncd in compliance
with subsection 9(b) may not be compensated.
v. Inadvertent payment made to the Contractor for work not perfonned in
compliance with the tenns of this contract, or for any other reason, will
be deducted by the City from subsequent payments.
b. Frequency. Requests for payment shall be made monthly and payment will be
made on the second and fourth Friday of each month.
c. Travel Time. Travel time shall be charged by Contractor as follows:
1. Time may be charged for travel from a completed job site to another job
site. Travel time shall be shown on a voucher completed for the
destination site.
n. Time may be charged for travel to and from a disposal site with a full
load of garbage, trash, waste and other items. Travel time shall be
indicated on a dump voucher or slip.
111. Travel time shall only be compensated for direct and logical routes.
1v. All vouchers, bills, slips and pictures pe11aining to a work order or a job
site shall be submitted to the City at the same time.
v. Requests for payment that are submitted without the proper
documentation, including but not limited to vouchers, bills, slips and
pictures will not be accepted until such time all such items are submitted.
\\Muskdata\Data\P!anning\COMMON\Environmental\2005 bids_notices\2005 Final Contract.doc
4
II. Specific Reservations.
a. City reserves the right to have Contractor bag or remove debris and/or trash from
the property and place the same on the terrace at the property for removal by the
City refuse contractor.
b. City reserves the 1ight to have the City refuse contractor clean up the debris
and/or trash left on the terrace at a work site prope11y on an as needed basis.
c. City reserves the right to use volunteers, court ordered public service workers
and/or prisoners in lieu of Contractor's services for any work indicated
throughout this Agreement.
12. Terms and Termination.
a. This Agreement shall be effective on March 29'", 2005, and shall remain in full
force and effect until March 29'", 2001, with an annual extension option through
_____
March 29'" , 2008.
b. This Agreement may be tem1inated by either party, without cause, upon thirty
(30) days' written notice to the other party.
13. Commencement and Damages.
a. Commencement. Contractor shall co111111ence work no later than the time set
forth in the Agreement.
b. Damages. In the event that Contractor fails to co111111ence performance at the
specified time and is in default of the Agreement, Contractor shall pay to the City
the sum of $200 for each and every calendar day that the Contractor is in default.
The amount of damages shall not be construed as a penalty, but to ensure the
City's ability to provide substituted services and costs associated with that
default. Damages shall be detennined by the City after investigation by the City.
Damages shall be deducted from payment.
c. Violations. Following Contractor's commencement ofperfonnance of this
Agreement, City shall notify Contractor of each violation of the Agreement
rep011ed to City. It shall be the duty of Contractor to remedy the cause of the
complaint. Failure of Contractor to take remedial measures shall be considered a
breach of the Agreement, and for the purpose of computing damages under the
provisions of this section, it is agreed that City may deduct trom payments due or
to become due to Contractor the City's cost to remedy or substitute perfom1ance.
Failure to perform pursuant to this Agreement for a period in excess of three (3) consecutive, scheduled,
working days, or failure for a similar period, to perfom1 in the manner required, and provided such failure
is not a result of war, insurrection, riots, or acts of God, the City may, at its option and after written notice
to Contractor, utilize any or all of Contractor's equipment used in perfonnancc of this Agreement until
such time the matter is resolved and the Contractor is perfom1ing under the tem1s of the Agreement.
Any and all expenses incurred by City during such time may be deducted from payments due or to
become due to Contractor.
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5
Should Contractor be unable to resume performance at the close of ten (1 0) calendar days, all liability of
the City under this Agreement shall cease and City shall be free to negotiate with other contractors for the
perfonnance of work. Any contract thereby entered into with another contractor shall not release
Contractor from liability to City for breach of this Agreement.
d. Appeal. The City's detennination shall be final and binding on both parties,
unless appealed, in writing to the City Manager or his designee within ten ( 10)
working days after notice. The City Manager or his designee shall grant
Contractor an infom1al hearing upon such request. The decision of the City
Manager shall be final and binding.
e. Waiver. City may waive all or any portion of damages without prejudicing its
rights under this Agreement.
14. Insurance and Indemnity.
a. Hold Harmless Agreements. To the fullest extent pennitted by law, Contractor
agrees to defend, pay in behalf ot; indemnify, and hold hannless the City, its
elected and appointed officials, employees, volunteers, and others working on
behalf of the City against any and all claims, demands, suits, or losses, including
all costs cmmected therewith, and for any damages which may be asserted,
claimed or recovered against or from the City, its elected and appointed officials,
employees, volunteers, or others working on behalf of the City, arising out of or
is any way connected or associated with this contract. The obligation to defend
and hold hannless extends to City's employees, agents, subcontractors, assigns
and successors.
b. City Insurance Requirement. Contractor shall not commence work under this
contract until obtaining the insurance required under this paragraph. All
coverages shall be with insurance companies licensed and admitted to do
business in the State of Michigan and Best Rated A VIII. All coverage shall be
with insurance carriers acceptable to City.
c. Workers' Compensation Insurance. Contractor shall procure and maintain
during the life of this contract, Workers' Compensation Insurance, including
Employers Liability Coverage, in accordance with all applicable Statutes of the
State of Michigan.
d. Vehicle Liability Insurance. Contractor shall procure and maintain during the
life of this contract, Vehicle Liability Insurance, in accordance with all applicable
Statutes of the State of Michigan.
e. Commercial General Liability Insurance. Contractor shall procure and
maintain during the life of this contract, Commercial General Liability Insurance
on an "Occurrence Basis" with limits of liability not less than $1 ,000,000 per
occurrence and/or aggregate combined single limit, Personal Injury, Bodily
Injury and Property Damage. Coverage shall include the following extensions:
(A) Contractual Liability; (B) Products and Completed Operations; (C)
Independent Contractors Coverage; (D) Broad Fonn General Liability Extensions
\\Muskdata\Oata\Pianning\COMMON\Environmenta!\2005 bids_notices\2005 Final Contractdoc
6
or equivalent; (E) Deletion of all Explosion, Collapse and Underground (SCU)
exclusions, if applicable.
f. Additional Insured. Commercial General Liability Insurance, as described
above, shall include an endorsement stating the following shall be "Additional
Insureds": The City, all elected and appointed officials, all employees and
volunteers, all boards, commissions and/or authorities and board members,
including employees and volunteers thereof. The endorsement adding the City as
additional insured shall read exactly as follows: "The City of Muskegon~
hereby added as an additional insured ... "
g. Cancellation Notice. Workers' Compensation Insurance and Commercial
General Liability Insurance, as described above, shall include an endorsement
stating the following: "It is understood and agreed that Thirty (30) days'
Advance Written Notice of Cancellation, Non-Renewal, Reduction and/or
Material Change shall be sent to: CITY OF MUSKEGON PLANNING
DEPARTMENT.
h. Proof of Insurance Coverage. Contractor shall provide the City at the time the
contracts are returned for execution, certificates and policies endorsing the City
as additional insured as listed below:
1. Two (2) copies of Certificate of Insurance for Workers' Compensation
Insurance, if applicable;
ii. Two (2) copies of Certificate of Insurance for Commercial General
Liability Insurance; and
iii. If so requested, Certified Copies of all policies mentioned above will be
furnished.
1. If any of the above coverages expire during the tenn of this contract, Contractor
shall deliver renewal certificates and/or policies to City at least ten (I 0) days
prior to the expiration date.
15. Income Tax Withholding. Contractor shall withhold income taxes from each employee
who is subject to such withholding, and pay such tax in accordance with the City of
Muskegon Income Tax Ordinance and all applicable laws associated with that ordinance.
Contractor shall require the same from each subcontractor, consultant or vendor used in
the perfonnance of his duties and obligations in this Agreement. City reserves the 1ight
to withhold payments otherwise due to Contractor to assure compliance with this
Agreement or to cure such noncompliance.
16. General Provisions.
a. Notices. Any notice that either party may give or is required to give under this
Agreement shall be in writing, and, if mailed, shall be effective on the day it is
delivered to the other party at the other party's address set forth in this Agreement
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7
or at any other address that the other party provides in writing. Notices given in
person are effective on the day they are given.
b. Governing Law. This Agreement is executed in accordance with, shall be
governed by, and constmed and interpreted in accordance with, the laws of the
State of Michigan.
c. Assignment or Delegation. Neither party shall assign all nor any portion of its
rights and obligations contained in this Agreement without the express prior
written approval of the other party, which approval may be withheld in the other
party's sole discretion.
d. Entire Agreement. This Agreement shall constitute the entire agreement, and
shall supersede any other Agreements, written or oral, that may have been made
or entered into, by, and between the parties with respect to the subject matter of
this Agreement, and shall not be modified or amended except in a subsequent
writing signed by the party against whom enforcement is sought.
e. Binding Effect. This Agreement shall be binding upon, and inure to the benefit
of, and be enforceable by, the parties and their respective legal representatives,
permitted successors, and assigns.
f. Non-Waiver. No waiver by any party of any provision of this Agreement shall
constitute a waiver by such party of such provision on any other occasion or a
waiver by such pmty of any other provision of this Agreement.
g. Severability. Should any one or more of the provisions of this Agreement be
determined to be invalid, unlawful, or unenforceable in any respect, the validity,
legality, and enforceability of the remaining provisions of this Agreement shall
not in any way be impaired or affected.
h. Venue. The parties agree that, for purposes of any dispute in connection with
this Agreement, the Muskegon County Circuit Court shall have exclusive
personal and subject matter jurisdiction and venue.
1. Survival. All representations, warranties, and covenants in this Agreement shall
survive the signing of this Agreement.
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8
City and Contractor have executed this Agreement on the date written next to their signatures to be
effective according to the term(s) stated in this document.
City-
Date: .3- 3/ , 200 .s-
And: ~;LQC ~.:v
Gail A. Kundinger, MMC
City Clerk
contra.ct1Jn . d)
Date: 1· ~5 , 20Q.5 By: ~h( L!1fch
o_ .~_-:._1~- ·- - - - - - -
Jts:_.L._H.._'f!;;....cs_:;
\\Muskdata\Data\Pianning\COMMON\EnvJronmental\2005 bids_notices\2005 Final Contract. doc
9
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING _ _ _ _ _ __
TO: Honorable Mayor and City Commission
FROM: Department of Public Works
DATE: March 22,2005
SUBJECT: Contract Extension Agreement-! year Street Sweeping Contract for 2005
SUMMARY OF REQUEST:
To enter into 1 year contractual agreement with TRI-US SERVICES, INC. to provide street
sweeping services for 2005.
FINANCIAL IMPACT:
$137,866.40 cost for 1 year contract. Funds to cover all expenses are budgeted. Trunkline
expenses are reimbursed by State funding.
BUDGET ACTION REQUIRED:
None; monies appropriated in Highway and State trunkline budgets
STAFF RECOMMENDATION:
Approve request to contract out service for !-year extension as specified in previous contract.
Memorandum
To: Honorable Mayor and City Commission
From: DPW Staff
Date: 3/17/2005
Re: Street Sweeping-2005 Contract Extension
The Department of Public Works is requesting permission to exercise its contractual
option to enter into 1-year contractual extension agreement with TRI-US
SERVICES, INC, to provide street sweeping services for 2005, (as provided for in
our 2002-2004 contract proposal).
TRI-US SERVICES, INC. has proposed to extend the street sweeping contract for
2005, at an additional cost of$24,204.16 to the City of Muskegon ($113,662.24
verses $137.866.40), based on the following criteria:
1. Staff has increased sweeping mileage by approximately 2 miles due to the
construction of additional streets
2. Staff has eliminated two dump areas leaving only one location for the temporary
storage of street sweeping. This was necessary because of environmental
concerns. The elimination of the two storage sites leaves only one available
location and therefore adds increased travel time for each sweeper.
3. Additional fuel costs.
These first two increases have added more that 3 00 hours of additional billing costs
to contractor that were not in anticipated in previous contracts. These changes were
necessitated and were added by staff throughout the previous 2002-2004 contract.
TRI-US SERVICES, INC is also offering the following, during the proposed 2005
contract extension:
1. Lowering per hour sweeping charges from $90.00 per hour for State roadway
sweeping to $70.00 per hour.
2. Lowering local and major roadway per hour sweeping charges from $73.00 to
$70.00 per hour.
3. Lowering special sweeps from $1 00.00 per hour to $73.00 per hour.
1
March 17, 2005
TRI-US SERVICES, INC has provided a number of special sweepings, at our
request over years, sometimes at no charge to the City of Muskegon. They also have
provided our residents with excellent customer service and have met staffs'
changing requests, throughout previous contracts, time and again.
2
APRIL 1, 2005
Robert L. Simons
Tri-Us Services
78 Ball Creek NW PO Box 123
Kent City, Michigan 49330
Dear Mr. Simons:
I am pleased to notify you that our City Commission has accepted your offer
to extend the 2002-2004 street sweeping contract for the year 2005. The action
was formally adopted on March 22, 2005, commission action number 2005-31 (B).
Enclosed you will find three copies of an Agreement covering this extension and three
copies of Quotation Request (blue form) required by the State of Michigan for trunkline
work. On the Agreement forms, please provide information requested and necessary
signatures. The blue forms require your signature next to the penciled "X". Return all
forms along with the required performance/labor and materials bonds, sureties, and all
insurance certification documentation that is required. One copy with city
representative's signatures will be returned to you.
Additionally, you have requested a special payment schedule as provided for in the
attached Agreement. Upon execution of said payment agreement, contact our Finance
Director, Tim Paul (231) 724-6709, to make the necessary arrangements.
Do not hesitate to call me at (231) 724-6993 with questions or concerns.
Sincerely,
Doug Sayles
Public Works Superintendent
Enc.
APRIL 4, 2005
Robert L. Simons
Tri-Us Services
78 Ball Creek NW PO Box 123
Kent City, Michigan 49330
Dear Mr. Simons:
Per your request, I have proposed a 12 month payment schedule, for the 2005 street
sweeping contract, with our Finance Director. Upon signed extension agreement,
contact should be made with Tim Paul (231) 724-6709 for monthly payment set-up.
The 2005 street sweeping extension contract has been approved by our Commission
at a cost of $137,866.40 for 4 scheduled sweeps, as outlined by the previous 2002-
2004 contract. Under the existing 2002-2004 agreement TRI-US Services would bill
the City of Muskegon after each sweep an amount equal toY. ($28,415.56)of the total
yearly contract cost($113,662.24).
Under the proposed 12 month payment plan, the City of Muskegon Finance
Department will schedule payment with you, which is equal to 1/12 (approximately
$11 ,488.87) of the total yearly cost ($137,866.40). This payment program will start
from the beginning of the contract, as stipulated by the Finance Director.
Monthly invoices should be sent to the DPW stating hours worked and status of each
sweep. If special sweeping requests are required then these will be invoiced
separately as well.
Do not hesitate to call me at (231) 724-6993 with questions or concerns.
Sincerely,
Doug Sayles
Public Works Superintendent
AGREEMENT
THIS AGREEMENT, made this _ _ _4_t___h_ _ _ _day of April . 2005, by
And between: Tri-Us Services, Inc.
{a corporation organized and existing under the laws of the state of _ _ _ _ _ ___.
or [a partnership consisting of_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___,
or{an individual trading as _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __.
hereinafter called the "Contractor", and the CITY OF MUSKEGON, MICHIGAN:
WITNESSETH, that the Contractor and the City of Muskegon, for the consideration stated herein,
mutually agree as follows:
ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision, technical
personnel, labor, materials, machinery, tools, equipment, and services, including utility and
transportation services, and perform and complete all work required for the construction of the
improvements embraced in this Contract, NAMELY: "2005 Street Sweeping"
*Extens1on of 2002, 2003, 2004 Contract
and required supplemental work for the completion of this Project, all in strict accordance with
the Contract, including all Addenda.
ARTICLE 2. The Contract Price. The City of Muskegon will pay the Contractor for the.
performance of this Contract and the completion of the work covered therein an amount in
currentfundsnottoexceed $ 137,866.40 . Excluding special requests.
Article 3. Contract. The executed contract shall consist of, but not be limited to, the following:
a. Invitation for Bids Section II- Equal Opp & Employment
b. Part1: Specifications
Section I - Instructions to Bidders Section Ill - Adopted Labor Stnds.
Section II- Bid Proposal Section IV- Prevailing Wage
c. Part 2- Agreement Decision
d. Part 3: e. Part 4- Technical Specifications
Section I - General Specifications f. Part 5- Special Specifications
for Project Performance g. Construction and/or Engineering Plans
This Agreement, together with other documents enumerated in this Article 3, which said other
documents are as fully a part of the Contract as if attached hereto or repeated herein, form the
Contract between the parties hereto.
In the event any provision in any component part of this Contract conflicts with any provision of
any other component part, the Contractor shall contact the City immediately in writing for a
determination, interpretation and/or clarification of conflicting parts and priority of same. Said
determination from the City shall be in writing and shall become an Addendum to this Contract
-18-
AGREEMENT (continued) Page2
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed in
3 original counterparts on the day and year first written above.
ATTEST:
Robert L. Simons, President
printed name and title
ATTEST:
Mayor
(SEAL)
CERTIFICATION (if applicable)
1, Robert L. Simons , certify that 1am the _ _P_re_s_i_d_en_t_ _ _ _ __
of the Corporation named as the Contractor herein;
That _ _R_ob_e_r_t_L_._S_i_mo_n_s_____ , who signed this Agreement on behalf of the
Contractor, was then _ _ _ _ _P_re_s_i_d_en_t_ _ _ _ _ _ of said Corporation;
That said Agreement was duly signed for and in behalf of said Corporation by authority of
its governing body, and is within the scope of its corporate powers.
(CORPORATE SEAL) Robert L. Simons, President
printed name and title
-19-
PERFORMANCE BOND
KNOW ALL MEN BY THESE PREENTS, that we, _ _ _ _ _ _ __
as Principal, and
--~------~~~~~~----~----~~~----~----~-------'
as Surety, are held and firmly bound unto the City of Muskegon, its certain
attorney, successors or assigns (hereinafter called the Obligee) , in the full and
justsumof ________________~~~------~--~~------------------
dollars ($ ) lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs,
administrators, executors, successors and assigns, jointly and severally, firmly
by these presents:
WHEREAS, said Principal has entered into a certain contract with Obligee,
dated ------------------' 20_ _, (hereinafter called the Contract)
for: ___________________________________________________________
and the specifications for said work shall be deemed a part hereof as fully
as if set out herein:
NOW, THEREFORE, THE CONDITIONS OF THIS OBLICATION ARE SUCH THAT:
(a) If the Principal shall faithfully perform the Contract on his/her part, as of
the time and in the manner therein provided; shall satisfy all claims and
demands incurred in or for the same, or growing out of the same, or for
injury or damages to persons or property in the performance thereof; shall
fully indemnify and save harmless said Obligee from any and all cost and
damage which the Obligee may suffer by reason of the Principal's failure to
do so; and shall fully reimburse and par the Obligee any and all outlay and
expense which it may occur by reason of such default; and
(b) If, after completion and acceptance of the work by the Obligee, the
Principal shall promptly remedy any defects in the work due to faulty
materials or workmanship which shall appear within the period of one year
from the date of completion and final acceptance of the work, and pay for
any damage to said Obligee, to the State of Michigan, or to any municipal
subdivision or local authority thereof to which the rights and privileges of
said Obligee have passed or been assigned,
then this obligation shall be null and void; otherwise it shall remain in full force
and virtue.
The said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract to the work to
be performed thereunder, or to the specifications accompanying the same, shall
in any wise affect its obligations on this Bond; and it does thereby waive notice of
any such change, extension of time, alteration or addition to the terms of the
Contract, or to the work or specifications.
-20-
It is hereby further stipulated and agreed that, if the Principal is a non-Michigan
Corporation, neither the Principal nor the Surety shall be discharged from liability on this
Bond, nor the bond surrendered, until such Principal files with the Obligee a certificate
from the Michigan Department of Revenue evidencing the payment in full of all taxes,
penalties and/or interest, and a certificate from the Unemployment Compensation
Commission evidencing the paymanet of all unemployment compensation contributions,
penalties and/or interest, due the State of Michigan from said Principal, or any non-
Michigan corporation, subcontractor thereunder, or for which liability has accrued but
the time for payment has not arrived.
SIGNED, SEALED AND DELIVERED IN _ _ _ _ _ORIGINAL COUNTERPARTS
THIS _ _ _ _ _,DAY OF _ _ _ _ ___, 20 _ ______,
Individual Principals Sign Here: In the Presence of:
_ _ _ _ _ _ _ _ _ _ _ _ (SEAL)
_ _ _ _ _ _ _ _ _ _ _ _ (SEAL)
_ _ _ _ _ _ _ _ _ _ _ _ _ (SEAL)
Corporate Principals Sign Here: Attest:
Surety Sign Here: Attest:
(Printed Name and Title)
The rate of premium charge is $_ _ _ _ _ _ _ _ _ _ _ _ _ _ per thoursand.
The total amount of premium charged is$-::--:::,-----:--:::---:-;----------
(to be filled in by the Corporate Surety).
-21 -
LABOR AND MATERIALMEN'S BOND
KNOW ALL MEN BY THESE PRESENTS, that we, Tri -Us Services Inc.
as Principal, and
Auto-Owners Insurance Company
as Surety, are held and finnly bound unto the City of Muskegon, its certain
attorney, successors or assigns (hereinafter called the Obligee) in the penal
sum of One hundred thirty-seven thousand eight hundred sixty-six
& 40/100 dollars($ 137,866. 40 ) lawful money of the United States, for
the payment of which sum well and truly to be made, we bind ourselves, our
heirs, personal representatives, successors and assigns, jointly and severally,
firmly by these presents:
WHEREAS, said Principal has entered into a certain contract with said
Obligee, dated April 4th , 20..Q.§_. (hereinafter called the Contract)
for: Street sweeping in 2005, a contract extension of the 2002
2003, 2004 contract.
and the specifications for said work shall be deemed a part hereof as fully as if
set out herein:
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if said
Principal, all subcontractors to whom any portion of the work provided for in
said Contract is sublet, and all assignees of said Principal and of such
subcontractors, shall promptly make payment for all material furnished, labor
supplied or performed, rental for equipment employed and services rendered by
public utilities in or in connection with the prosecution of the work, whether or
not said material, labor, equipment or services entered into become component
parts of the work or improvement contemplated in said Contract, in any
amendment, extension of, or addition to said Contract, then the above obligation
shall be void; otherwise, it shall remain in full force and effect; PROVIDED,
HOWEVER, that this Bond is subject to the following conditions and limitations:
(a) All persons who have performed labor, rendered services or furnished
materials or equipment, shall have a direct right of action against the
Principal and Surety on this Bond, which right of action shall be asserted
in proceedings instituted in the State in which such labor was performed,
services rendered or materials furnished (or where labor has been
perfonned, servies rendered or materials furnished under said Contract in
more than one state, then in any such states). Insofar as permitted by the
laws of such State, such right of action shall be asserted in a proceeding
instituted in the name of the Obligee to the use and benefit of the persons
instituting such action and any or all other persons having claims
hereunder; and any other person having a claim hereunder shall have the
right to be made a party to such proceedings, but not later than one year
after the complete performance of said Contract and final settlement
thereof, and to have such claim adjudicated in such action and judgment
rendered thereon; PROVIDED HOWEVER, that the Obligee shall not be
liable for the payment of any costs or expenses of any such suit.
(b) The Surety shall not be liable hereunder for any damages or
compensation recoverable under any workmen's compensation or
employer's liability statute.
- 22-
(c) In no event shall the Surety be liable for a greater sum than the penalty of
this Bond, or subject to any suit, action or proceeding thereon, that is
instituted later than one year after the complete performance of said
Contract and final settlement thereof.
(d) As used herein: The term "Person" refers to any individual, firm or
corporation which has furnished materials, equipment or public utility
services to be used on or incorporated in the work, or the prosecution
thereof, provided for in said Contract or any amendment, extension of, or
addition to said Contract; and/or to any person engaged in the
prosecution of the work provided for in said Contract or any, extensions
of, or addition to said Contract, who is an agent, servant or employee of
the Principal or of any subcontractor, or any assignee of said Principal or
any subcontractor; and also anyone so engaged who performs the work
of a laborer or mechanic, regardless of any contractual relationship
between the Principal or any subcontractor, or any assignee of said
Principal or subcontractor and such laborer or mechanic; BUT shall not
include office employees not regularly stationed at the site of the work.
(e) It is hereby further stipulated and agreed that, if the Principal is a non-
Michigan corporation, neither the Principal nor the Surety shall be
discharged from liability on this Bond, nor the Bond surrendered, until
such Principal files with the Obligee a certificate from the Michigan
Department of Revenue evidencing the payment in full of all taxes,
penalties and/or interest due the State of Michigan from the Principal, or
any non-Michigan corporation, subcontractor thereunder, or for which
liability has accrued but the time for payment has not arrived.
The Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract, to the work
to be performed thereunder, or to the specifications accompanying the same,
shall in any wise affect the obligations of this Bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms
of the Contract, the work thereunder, or the specifications.
SIGNED, SEALED AND DELIVERED IN_-"-3_ _ _0RIGINAL COUNTERPARTS
THIS _ _4t_h_ _ _ _DAYOF April , 20 05
In the Presence of: Individual Principals Sign Here:
(Printed Name and Address)
(Printed Name and Address)
(Printed Name and Address)
-23-
ATTEST:
Robert L. Simons, President
(Printed Name) (Printed Name and Title)
(SEAL)
Surety Sign Here:
(Printed Name) (Printed Name and Title)
• 24.
DIRECTIONS FOR PREPARATION OF PERFORMANCE AND LABOR AND
MATERIALMEN'S BONDS
1. Individual sureties, partnerships, or corporations not in the surety
business will not be acceptable.
2. The name of the Principal shall be shown exactly as it appears in the
Contract.
3. The penal sum shall not be less than that required by the Specifications.
4. If the Principals are partners, or joint venturers, each member shall
execute the bond as an individual, with his/her place of residence shown.
5. If the Principal is a corporation, the bond shall be executed under its
corporate seal. If the corporation has no corporate seal, the fact shall be
stated, in which case a scroll or adhesive seal shall be affixed following
the corporate name.
6. The official character and authority of the person(s) executing the bond
for the Principal, if a corporation, shall be certified by the Secretary or
Assistant Secretary thereof under the corporate seal; OR
There may be attached copies of such corporation records as will
evidence the official character and authority of the officer signing, duly
certified by the Secretary or Assistant Secretary of the corporation, under
the corporate seal, to be true copies.
7. The current Power-of-Attorney of the person signing for the surety
company must be attached to the bond.
8. The date of the bond MUST NOT BE PRIOR TO THE DATE OF THE
CONTRACT.
9. The following information must be placed on the bond by the surety
company:
a. The rate of premium in dollars per thousand; and
b. The total dollar amount of the premium charged.
10. The signature of a witness shall appear in the appropriate place, attesting
to the signature of each party to the bond.
11. Type or print the name underneath EACH SIGNATURE appearing on the
bond.
12. An executed copy of the bond must be attached to each copy of the
Contract (original counterpart) intended for signing.
-25-
21. INSURANCE AND INDEMNITY- continued
b. Contractor lnsur!Jnce Requirement. Contractor and Subcontractors shall
not commence work under this contract until obtaining the insurance
required under this paragraph. All coverages shall be with insurance
companies licensed and admitted to do business in the State of Michigan
and Best Rated A VIII. All coverage shall be with insurance carriers
acceptable to CITY.
c. Workers' Compensation Insurance. The Contractor and Subcontractor
shall procure and maintain during the life of this contract, Workers'
Compensation Insurance, including Employers Liability Coverage, in
accordance with all applicable Statutes of the State of Michigan.
d. Commercial General Liabilitv Insurance. The Contractor shall procure and
maintain during the life of this contract, commercial general Liability
Insurance on an "Occurrence Basis" with limits of liability not less than
$1,000,000 per occurrence and/or aggregate combined single limit. Personal
Injury, Bodily Injury and Property Damage coverages shall be included.
Coverage shall also include the following extensions: (A) Contractual
Liability; (B) Products and Completed Operations; (C) Independent
Contractors Coverage; (D) Broad Form Liability Extensions or equivalent;
(E) Deletion of all explosion, collapse and underground (SCU) exclusions, if
applicable. The said insurance shall cover liability caused by the activities
of any subcontractor.
e. Motor Vehicle Liability. The Contractor shall procure and maintain during
the life of this contract Motor Vehicle Liability Insurance, including Michigan
No-Fault Coverages, with limits of liability for third party claims of not less
than $1,000,000 per occurrence or combined single limit Bodily Injury and
Property Damage. Coverage shall include all owned vehicles, all non-owned
vehicles and all hired vehicles. The said insurance shall cover liability
caused by the activities of any subcontractor.
f. Additional Insured. Commercial General Liability and Motor Vehicle
Liability Insurance, as described above, shall include an endorsement
stating the following shall be "Additional Insureds" using the following
language: "The CITY and all elected and appointed officials, all employees
and volunteers, all boards, commissions and/or authorities and board
members, including employees and volunteers thereof are hereby added as
'Additional Insureds"'.
g. Cancellation Notice. Workers' Compensation Insurance, Commercial
General Liability Insurance and Motor Vehicle Liability Insurance, as
described above, shall include an endorsement stating the following: "It is
understood and agreed that Thirty (30) days Advance Written Notice of
Cancellation, Non-Renewal, Reduction and/or Material Change shall be sent
to: CITY OF MUSKEGON ENGINEERING DEPARTMENT".
34a
21. INSURANCE AND INDEMNITY- continued
h. Owner's and Contractor's Protective Liability. The Contractor shall
procure and maintain during the life of this contract Owner's and
Contractor's Protective Liability with limits of liability not less than
$1,000,000 per occurrence and/or aggregate, combined single limit.
Personal injury, Bodily injury and Property Damage coverages shall be
included. The CITY shall be "Named Insured" on this coverage. Thirty (30)
days notice of cancellation to the CITY shall be required. Said insurance
shall cover liability caused by the activities of any subcontractor(s) either by
means of a rider attached to the Prime Contractor's Certificate of Insurance
indicating this coverage for subcontractors; or the subcontractor(s) shall
submit their own Certificate of Insurance.
i. Proof of Insurance Coverage. The Contractor and Subcontractors shall
provide the CITY at the time the contracts are returned by him for execution,
certificates and policies endorsing the City as additional insured as listed
below:
(1.) Two (2) copies of Certificate of Insurance for Workers'
Compensation Insurance;
(2.) Two (2) copies of Certificate of Insurance for Commercial
General Liability Insurance;
(3.) Two (2) copies of Certificate of Insurance for Vehicle Liability
Insurance;
(4.) Original Policy, or original Binder pending issuance of policy,
for Owner's and Contractor's Protective Liability Insurance;
(5.) If so requested, Certified Copies of all policies mentioned
above will be furnished.
j. If any of the above coverages expire during the term of this contract, the
Contractor and Subcontractors shall deliver renewal certificates and/or policies to
CITY at least ten (1 0) days prior to the expiration date.
22. MATERIALS AND WORKMANSHIP
a. Unless otherwise specifically provided for in the Technical or Special
Specifications, all workmanship, equipment, materials and articles incorporated in
the work shall be new and the best grade of the respective kinds for the purpose.
Where equipment, materials, articles or workmanship are referred to as "equal to"
any particular standard, the City will decide the question of equality.
b. The City of Muskegon may require the Contractor to dismiss from this
Project such employee(s) as the City may deem incompetent, careless, and/or
insubordinate.
35
CONTRACTQR'3) CERTIFICATE AND RELEASE
and REQUEST FOR FINAL PAYMENT
FROM: ________________________________________ (Name of Contractor)
TO: The City of Muskegon
RE: Contract No.
ENTERED INTO THE DAY OF , 20__ , BETWEEN THE CITY
OF MUSKEGON, 933 Terrace Street, Muskegon, Michigan 49443, AND
---------------------- of ____________________ ________ ,
(Contractor) (City) (State) (ZIP)
FOR THE 2005 Street Sweeping
Terms as specified in previous 2002, 2003, 2004 Street Sweeping contract.
(Name of Operations to be Performed)
UNDER THE CONTRACT ENTITLED
PROJECT NO._ _ LOCATED IN THE CITY OF MUSKEGON, MICHIGAN;
KNOW ALL MEN BY THESE PRESENTS:
1. The undersigned hereby certifies that there is due from and payable by the CITY
OF MUSKEGON to the CONTRACTOR under the Contract and duly approved
Change Orders and modifications THE BALANCE OF $
2. The undersigned further certifies that in addition to the amount set forth in
Paragraph 1, there are outstanding and unsettled the following items which the
Contractor claims are just and due and owing by the City of Muskegon to the
Contractor:
a. ---------------------------------------------------
b. __________________________________________________
c.
--------------------------------------------
d, ____________________________________________
(Itemize claims and amounts due; if none, so state)
3. The undersigned further certifies that all work required under this Contract,
including work required under Change Orders Nos. , has been
performed in accordance with the terms thereof, and that there are no unpaid
claims for materials, supplies or equipment and no claims of laborers or
mechanics for unpaid wages arising out of the performance of this Contract, and
that the wage rates paid by the Contractor and all Subcontractors were in
conformity with the Contract provisions relating to said wage rates.
4. Except for the amounts stated under Paragraphs 1 and 2 hereof, the undersigned
has received from the CITY OF MUSKEGON all sums of money payable to the
undersigned under or pursuant to the above-mentioned Contract or any
modification or change thereof.
-52-
(Contractor's Certificate and Release- Continued)
5. That in consideration of the payment of the amount stated in Paragraph 1
hereof, the undersigned does hereby release the CITY OF MUSKEGON from
any and all claims arising under or by virtue of this Contract, except the
amount listed in Paragraph 2 hereof; provided, however, that if for any
reason the City of Muskegon does not pay in full the amount stated in
Paragraph 1 hereof, said deduction shall not affect the validity of this
release, but the amount so deducted shall be automatically included under
Paragraph 2 as an amount which the Contractor has not released but will
release upon payment thereof.
The Contractor further certifies that upon the payment of the amount listen
in Paragraph 2 hereof, and of any amount which may be deducted from
Paragraph 1 hereof, the Contractor will release the City of Muskegon from
any and all claims of any nature whatsoever arising out of said Contract or
modification thereof, and will execute such further releases or assurances
as the City may request.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this __
_ _ _ _ _ day of 20 _ __
CONTR~CT :
(SEAL) by
ti
Ra=:?8;n~=~=£_~rz
,
-/=
A z ~
(Printed name and title of signer)
·
-----------,----:----=' the affiant signing this instrument, being first
duly sworn on oath, deposes and says: First, that he/she is the
_ _ _ _ _ _ _ _ _ _ _ _(title) of the - - - - - . , - - - - - - o - - - - - - -
(name of company)
Second, that he/she has read the foregoing certificate by him/her subscribed as _ _ __
_ _ _ _ _ _ _ (title) of t h e - - - - - - - - - - - '
Affiant further states that the matters and things stated are, to the best of his/her
knowledge and belief, true.
Affiant:--------------
Subscribed and sworn to before me this ______ day of-------' 20 _ _ __
Notary
My commission e x p i r e s - - - - - - - - -
-53-
CONTRACTOR AFFIDAVIT- SURETY RELEASE
State of Michigan )
) ss
County of Muskegon )
--------------------(Contractor)
Being duly sworn, deposes and says that he/she entered into a contract with the City of
Muskegon on the --:-:-:---_day of , 20_, for the construction of the City
of Muskegon Project No. _ _.
Deponent further says that the work under the terms of the said contract has been completed
and all indebtedness incurred by him/her to subcontractors, material suppliers, and persons in
his/her employ has been paid in full.
Deponent further says this affidavit is furnished before final payment, or before the ten percent
(10%) withheld in accordance with the contract may be reduced.
Deponent further says this affidavit is made pursuant to provisions of Public Act 179 of 1891,
section 4, as amended.
Witnesses: SIGNED
Subscribed and sworn to before me this _ _ _ _ _day of _ _ _ _ _ _ , 20
Notary Public
Commission expires_ _ _ _ _ _ __
CONSENT OF SURETY
We, as surety on the above described contract, hereby give our consent to the payment to the
Contractor as indicated above.
Date:----------- Signed:------------
(Attorney-in-fact)
NOTE: Two completed copies of this or similar form MUST BE SUBMITTED to and accepted by
the City of Muskegon BEFORE REDUCTION OF 10% RETAINAGE AND FINAL PAYMENT
WILL BE MADE.
-54-
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1350 E. 1\eating
RlPR£SlN1AllvES,
Mllok<> MI 49442
'""
I WilHam W Raed
ACORD >S-S 17191) r•v•r 1988
Michigan 0!;!partment
of Transnortallon
QUOTATION REQUEST FOR DISTRIBUTION:
0 Maintenance Div.
DISTRICT NO.
0 District Maintenance
426 (1/90)
SERVICES OR EQUIPMENT 0 County or Municipality
INSTRUCTIONS: To be used by contract county or mun·,cipa!Hy only. See Prohibition of Discrimination statement & authority on reverse.
Complete in triplicate and distribute as indicated.
TOBE=c=O~M~P~L=E=T~ED~B~Y~C~O~N=T=R7
A~C=T~C~O=u7N~T=Y~O~A~M~U~N~IC=I=P7A~LI=T~Y~----------------------
COUNTY OR MUNICIPALITY DATE REQUEST ISSUED RETURN NO LATER THAN
City of Muskegon 4-4-05
ADDRESS Street No. City QUOTATION County-Calendar Year OR Municipality Fiscal Year
1350 E. Keating Avenue Muskegon FORo FY 2005 \
TYPE OF WORK EQUIPMENT TAUNKLINE HWY. NO.
oR sERvicEs TO BE usEo FOR Street Sweeping M46 & US31BR (96)
ESTIMATED USE (No. of times or duration) ROUTE SECTION NO.
Four (4) sweeps between April and end October 2005 M46 &US31BR (96)
LOCATION (G1ve complete descnptlon.)
State trunklines located within the City of Muskegon
CONDITION OF EQUIPMENT
a. All equipment furnished without an operator, will be in proper operating condition when delivered for use by the Department of
Transportation. It is understood that, when due to mechanical failure, any and all repairs and/or replacement of parts to said equipment
is the responsibility of the vendor.
b. When equipment and an operator, or a service, is furnished by the vendor, the vendor is responsible for all maintenance, labor, materials
and other expenses involved therewith.
The vendor shall save harmless and indemnify the State, The Michigan Department of Transportation and the Michigan State Transportation
Commission against all claims for damages to public or private property and for injuries to persons arising out of and during the progress of
the work herein described and to its completion
DETAILED DESCRIPTION OF EQUIPMENT OR SERVICES QUANTITY UNIT UNIT BID PRICE TOTAL COST
BY VENDOR
Sweeping of 27.20 miles (street & paved 27.20 4 70.00 $7616
shoulders) of State trunklines within the
City of Muskegon at $70.00 per mile
x four(4) sweeps per year.
Note: Trunkline = 13.6 curbed miles x 2
for paved shoulders
$1904 per sweep
TO BE COMPLETED BY VENDOR
It is proposed, subject to the conditions listed COMPANY NAME (If any.)
above, to contract with above named County or Tri-Us Services, Inc.
Municipality to furnish the Equipment or STREET AuDRESS OF COMPANY OR OWNER City State
Service(s) listed above.
4725 lQ_ Mi 1e Road,_ PO Box 123 Kent Cit MI
Operator's Wages are included
;y~;:TY%se~onall~~
DATE
in the Unit Bid Price. 0 Yes 0No Y'--6 -cJ5-
EST. TOTAL COST CONTRACT COUNTY OR MUNICIPALITY DATE
Signature of Designated Maintenance Superintendent
$ 7616
FOR LANSING MOOT USE ONLY The above named County or Municipality is hereby authorized to contract with the above
named vendor for the equipment or service(s) described.
MICHIGAN DEPARTMENT OF TRANSPORTATION DATE
District Maintenance Engineer Approval:
Maintenance Division Approval: DATE
MICHIGAN STATE TRANSPORTATION COMMISSION DATE
Approval:
AGENDA ITEM N O . - - - - - -
CITY COMMISSION MEETING _ _ _ __
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: March 14, 2005
RE: Bathroom Facilities Agreement with Fisherman's Landing, Inc.
SUMMARY OF REQUEST:
To approve a development and reimbursement agreement between the City and Fisherman's
Landing, Inc. The agreement will enable the constructions of a new bathroom facility at
Fisherman's Landing and provides for a reimbursement of the costs for the same by
Fisherman's Landing, Inc.
FINANCIAL IMPACT:
$146,926.24
BUDGET ACTION REQUIRED:
The 2005 budget will need to be readjusted to account for this new expenditure.
STAFF RECOMMENDATION:
To approve the attached agreement.
COMMITTEE RECOMMENDATION:
PMB- 0: (BLM FISHERMAN'S LANDING BATH AGENDA 031405)
:< oos-.J J Cc)
.3-.:l~-oS"'
DEVELOPMENT AND REIMBURSEMENT AGREEMENT
This Development and Reimbursement Agreement is made as of March 22, 2005,
between the CITY OF MUSKEGON, a Michigan municipal corporation (the "City"), and
Fisherman's Landing, Inc., a non-profit corporation, whose business address is 11434
First Street, Montague, Michigan 4943 7 ("Corporation").
RECITALS
A. City owns real property located at the east end of Muskegon Lake, commonly
referred to as Fisherman's Landing and Campground.
B. Corporation is interested in making capital improvements at Fisherman's
Landing and Campground. Corporation has executed a contract for architectural work
with Richard C. Borgeson and for construction of capital improvements with Scott
Geerling Contractors of Zeeland, Michigan ("Geerling").
C. City is willing to pay for the improvements at the Fisherman's Landing and
Campground so long as City is reimbursed by Corporation for the cost of the
improvements.
D. The City is in the process of borrowing sums for capital improvements on City
properties, including monies to cover the expenses related to the capital improvements at
Fisherman's Landing and Campground. ·
TERMS AND CONDITIONS
Therefore, in exchange for the consideration in and referred to by this Agreement, the
parties agree as follows:
1. IMPROVEMENTS.
Corporation and Geerling have entered into a contract for a variety of public
improvements. A copy of the contract is attached Exhibit A.
2. FINANCIAL OBLIGATIONS.
2.1 Corporation has entered into a contract with Richard C. Borgeson
("Borgeson") for architectural work associated with the public improvements in the
amount of$6,055.00. Corporation has paid Borgeson $5,146.76, leaving a balance owing
of$908.24.
2.2 Corporation has entered into a construction contract with Geerling for the
construction of public improvements provided for in Exhibit A in the amount of $184,725.00.
Corporation has paid Geerling $38,809.00, leaving a balance owing of$145,916.
3. CITY OBLIGATIONS.
3 .I City agrees to assume the obligations including paying such amounts that are or
will be owed to Corporation related to Borgeson and Geerling for the construction
of the Public Improvements as provided in attached Exhibit A. City agrees to
execute an assignment of Exhibit A from Corporation to City.
3.2 City shall provide sufficient funds to pay for the improvements provided for in
Exhibit A.
3.3 City shall have the exclusive right to authorize any change orders with Borgeson
and/or Geerling. Such change orders may alter the amount owed to either
Borgeson and/or Geerling, which Corporation acknowledges would alter the
amount Corporation owes City.
4. CORPORATION OBLIGATIONS.
4.1 Corporation agrees to assign its interest in Exhibit A to City by executing attached
Exhibit B.
4.2 Corporation agrees to pay City the amount City pays Borgeson and Geerling for
improvements on Fisherman's Landing and Campground, plus interest in the
unpaid portion at the interest rate the City pays for the monies borrowed to satisfy
the debt to Geerling. The principal amount of the contracts, plus or minus any
additions or deletions, plus interest shall be satisfied by payments of $10,000 on
each and every January I, commencing January I, 2006, until the full amount has
been paid.
5. Interpretation. This is the entire agreement, including attachments, between the
parties as to its subject. It shall not be amended or modified except in writing signed by the
parties. It shall not be affected by any course of dealing and the waiver of any breach shall not
constitute a waiver of any subsequent breach of the same or any other provision. This
Agreement shall be interpreted and construed in accordance with Michigan law and the parties
agree to jurisdiction and venue within the courts for the County of Muskegon.
6. Binding. This Agreement and the rights and obligations under this Agreement
are unassignable and untransferable without the consent of the other parties. It shall, however,
be binding upon any successors or permitted assigns of the parties. Corporation and City have
negotiated together to reach the terms of this Development Agreement, have participated in the
drafting of this Agreement, acknowledge that this product is a joint effort of both parties.
2
7. Waiver. One or more waivers by any party of any covenant or condition ofthis
Agreement shall not be construed as a waiver of a subsequent breach of the same or of any other
covenant or condition. The consent or approval given by any party with respect to any act by the
other party requiring such consent or approval shall not be deemed to waive or render
unnecessary further consent or approval of any subsequent similar act by such party.
8. Notice. Any notice provided for herein or given pursuant to this Agreement, shall
be deemed in compliance herewith if in writing and sent by United States certified or registered
mail, postage prepaid, return receipt requested, or by personal delivery to the parties as follows:
To Muskegon:
CITY OF MUSKEGON
933 Terrace, P.O. Box 536
Muskegon,MI 49443-0536
Attn: City Manager
To Corporation:
FISHERMAN'S LANDING, INC.
c/o Thomas Kampenga
11434 First Street
Montague, MI
9. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original and all of which shall constitute one and the same
Agreement.
WHEREFORE, this Agreement has been executed as of the date first written above.
Attest:
Gail A. Kundinger MMC, City
FISHERMAN'S LANDING, INC.
By: ~M~'--
Thomas Kamp nga
C:\Documents and Settings\Potter\Local Settlngs\Temporary Internet Files\OLK1Aifishermans landing agreement 31505.doc
3
EXHIBIT A
CONTRACT BETWEEN GEERLING CONTRACTORS
AND FISHERMAN'S LANDING, INC.
4
MAR-21-05 12:13 PM C.RICHARD.BORGESON 231 780 4727
RECEi\J'ED
MAR 2 1 2005
MUSKEGON
CITY MANAGER'S OFFICE
Standard Form of Agreement Between Owner and
Contractor where the basis or paymsnt is a
STIPULA'l'E:D SUM
Origina~ Contract when this is red.
AGREEMENT made as of the 20th day of December, 2004 BETWEEN the
Owner FISHERMANS LANDING INC,
538 EAST WESTERN AVENUE
MUSKEGON, MICHIGAN 49440
And the Contractor GEERLINGS DEVELOPMENT
8436 HOMESTED
ZEELAND, MICHIGAN 49464
The Project is: TOILET ROOMS FOR FISHERMANS LANDING
538 EAST lfESTERN A.VENUE
MUSKEGON, MICHIGAN 49440
The Architect is: c. Richard Borgeson Architect
550 WEST WESTERN AVENUE
MUskegon, HI 49440
The Owner and Contractor agrees as follows.
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract
Draw1ngo, AddendQ issued prior to execution of this Aqreement, and other documents
listed in thio Agreement and Modification• issued after execution of this
agreement; these form the Contract, and are as fully a part of the Contract a~
fully as if attached to thi$ Agreement or repeated herein. The Contract represents
the entire and inteqrated agreement between the parties hereto and supersedes prior
neqotiation, representations of agreement5, either written or oral. An enume~ation
of the Contract Documents, other than Modifications, appears in Article e.
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall tully execute the Work described in the Contract Documents,
except to the extent specifically indicated in the Contract Documents to be the
responaibility of other •.
MAR-21-05 12:13 PM C.RICHARD.BORGESON 231 780 4727 P.02
ARTICLE 3 DATE OF COMMENCEMET AND SUBSTANTIAL COMPLETION
3.1 The date of commencement ofthe Wmk &hall be the date of this Agreement unless a difli:Nnl date is staled below or
provi~ionis made for lhe date to be fixed in a notient&!J1H', Kiohi9An •9U7
7,4 The Contractor's representative io1 Scott Geerlinga
Geedi"'ll• Devel~nt
8 U6 HOWES TED
&-land, Kiabigan 494U
7,5 Neither the Owner's nor the Contractor's representative shall be changed
without ten days written notice to the other party.
7.6 Other provisions: Ron•
ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS
8.1 The Contract Documents, except for Modifications issued after execution of this
~greement, are enumerated as followa1
8, l , l This document
8,1,2 The Drawing• are &I follows, Fieharmana Landing and are dated JUne 21, 2004
and revised December 14, 2004
Number 1 Title TITL& PAGE
2 I'LOOJI, I'OUIIIDATIOK, Pl.UMa!l.fG PLAlll
3 aoor STIWCl'VJII, SCIIZDULIII, ZXT»UOR ZLIVllTIOiil
t BUILIIniCI SIC'l'%011 ' JIXTP]:OR ZLZVJ.TIOIII'8
5 BUILIIIJIB S&C'l'ION!I
5 LirmTDIII, - · IIECIIA)IlCAL
prepared by c. Richard Borqeson Architect 550 w. Western Ave. Muskegon
8.1 .3 The Addenda, if any, are as follows' IIOIU
This Agreement is entered into as of the day and year first written above and io
executed in at least three original copieo, of which one is to be delivered to the
Contractor, one to the Architect for us in the adminiotration of the Contract, and
the remainder to the Owner.
4n~ t. ~PA1-.
(PrJnted name and title}
EXHIBITS
ASSIGNMENT OF CONTRACT
5
ASSIGNMENT OF CONTRACT
This Assignment effective as of March 22, 2005, by Fisherman's Landing, Inc., a non-
profit corporation, whose business address is 11434 First Street, Montague, Michigan
("Corporation") and the City of Muskegon, a Michigan municipal corporation, whose address is
933 Ten·ace, P.O. Box 536, Muskegon, Michigan (the "City") with reference to the following
facts:
Background
A. The City owns real property known as Fisherman's Landing and Campground.
B. Corporation, in order to make capital improvements at Fisherman's Landing and
Campground, entered into a contract with Scott Geerling Contractors of Zeeland, Michigan
("Geerling") for Geerling to make the improvements at Fisherman's Landing and Campground
("Construction Contract").
C. The City agreed to pay for the cost of such improvements at Fishennan's Landing
and Campground, subject to reimbursement by Corporation for the cost of the improvements.
D. Corporation entered into a contract with the City in order that the City assume the
obligations associated with the Construction Contract ("Development Contract").
Therefore, for good and valuable consideration, the parties agree as follows:
I. Assignment. Corporation assigns to the City all of its rights and obligations
under the Construction Contract as they relate to making improvements at Fishem1an's Landing
and Campground.
2. Consideration. As consideration for the assignment of the Construction
Contract, Corporation shall pay the City $50,000 upon execution of the Development Contract,
together with the unpaid balance of the Construction Contract paid to Geerling by the City for
the cost of the improvements. The balance shall be reimbursed by Corporation by payments of
$10,000 on each and every January I, commencing January I, 2006, until the full amount,
including interest at the rate of 7% per annum, is paid in full.
3. Warranties. Corporation wanants to the City that the Construction Contract is in
effect; that Corporation has not assigned, pledged, transfened, or otherwise encumbered the
Construction Contract or Corporation's rights or interests in that agreement. Corporation agrees
that it will not, without written consent from the City, consent to any tennination or modification
of the Construction Contract.
4. Governing Law. This Assignment shall be interpreted and enforced pursuant to
the laws of the State of Michigan.
-I -
The City hereby accepts this Assignment and agrees to complete all of Corporation' s obligations
under the Construction Contract.
Dated: 3 - ;1.. ~ , 200~ FISHERMAN'S LANDING, INC.
ByThomas
~~- Kam enga
CITY OF MUSKEGON
Attest:
- 2-
ACKNOWLEDGMENT AND AGREEMENT TO THE ASSIGNMENT OF THE
CONSTRUCTION CONTRACT
Scott Geerling ("Geerling") as the general contractor under the Construction Contract
subject to this Assignment, acknowledges and consents to the preceding Assignment. Geerling
confirms that the construction contract is in effect and that, as far as Geerling knows, no party to
the construction contract is in default under that agreement.
Geerling agrees that, after the date of this Assignment,
1. it shall not modify the construction contract without written consent from
City; and
2. all notices, approvals, consents and other communications required under this
Agreement shall be in writing and shall be deemed given: (i) when delivered in person; (ii) one
day after depositing in the custody of a nationally-recognized receipted overnight delivery
service with delivery fees prepaid; or (iii) three days after posting in the United States Mail first-
class, postage prepaid. Notices shall be sent to the parties as follows:
To City: Name: CITY OF MUSKEGON
Address: 933 Terrace, P.O. Box 536
Address: Muskegon, Ml 49443-0536
Attn: City Manager
To Contractor: Name: SCOTT GEERLING CONTRACTORS
Address: 8436 Homestead
Address: Zeeland, Michigan 49464
Attn: Scott Geerling
Contractor -
~~~~,,~-'t
Title: Prdent
Date: fY~ ~() , 2005
-3-
Date: March 22, 2005
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Clay Ave., Terrace to Spring
SUMMARY OF REQUEST:
Award the paving, using asphalt, and underground utility construction contract (H-1592,
W-666 & S-601) for Clay Ave. between Terrace & Spring to Wadel Stabilization out of
Hart, MI. Wadel was the lowest, see attached bid tabulation, responsible bidder with a bid
price of $364,887.60
FINANCIAL IMPACT:
The construction cost $364,887.60 plus engineering cost which is estimated at an
additional 15%.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Award the contract to Wadel Stabilization
COMMITTEE RECOMMENDATION:
H-1592, W-666, S-601 CLAY AVE. TERRACE ST. to SPRING ST.
ASPHALT BID TABULATION MMe•n
WAOELSTABIUZATION SCHULTZ EXCAVATING JACKSON-MERKEY
2500 N. OCEANA OR. 5565 6TH ST 13064 WISNER 555 E. WESTERN AVE.
ESTIMATE HART. Ml 49420 LUDINGTON Ml 49431· NT, Mt 4932
!TY I UNI1 fOTAL PRIC T COST TOTAL PRICE UNIT COST TOTAL P OTAL
s 350.0 200,00 $ 200,00 .. A~~ ~A .. 300.00
CASTING ~LE s 1,400.0 475.00 $ 1,900.00
. BASE COURSE 22A@ ~ 4.75 s zo,··- :l,l:!U ~
~ Dt:NDS 6" D.C.!. M.J. 45 DEG. 205.00 s 598. 235.00 $
5 BENDS a·· D.C.I. M.J. 45 DEG. $300.0 250.00 $ 1, 2,208. 275.00 $
> BENDS 12" O.C.I. M.J. ~ SSOOJl ~or .. 1.
r BITUMINOUS LEVEUNI 18.
a BITUMINOUS TOP MIX TON 16,716.40 Is· 4:4_.45 Is 11,557. _____1L_
·- -M- .... 0 00 0 ~ 50.1
:00.1 5! 565.00
CATCH BASil
-·· s 10,400.' 2,01 1,230.00
s 1a,soo.
CONCRETE C
CONCRETEJ
CONC.SIDEV
"=! L____!,I§9.
a.40_
CONC.SIDEV
CORP. STOP 1" 6.0 $210.1 _j, 25 1,500.00 30, ,aoo.oo I s_____ ~a 1,110.0Q_ 200.1 1,200.0
CROSS 12"x a" D............. . $800,1 SOU.· 445.0
CURB STOP 1' EACH 300.u• ·7a.oo 1,320.00
""EAC 300.01 6a.oo 1,520.00
S.YD. ~ 73.60 7,4aa.oo
4,500.00 2,000.01 sa.oo 3a.a5
iRADING I 2,750.' 2,200.01 6,971.50
~ec.ASTiNG, E.J.#tooo OREC 7,200.vu 350.01 5,520.00
.,.... ,.., 4'1.0. 0' TO 10' DEEP ·: a.o I EACH
ACH
I $2,0(
$21
,400.00
~
1,600.n•
250.
1o.oo Is 1,847.t
30a.l
"""'n 00
00
~:~ 2a5.· 360. 505.1 .00
CATCH ...,...,.., .00
;.DRlVI ~
:RETE:
~
!QW
$25.·
$35.
$45. o,5s; :1,166.0
2,201 2,000.0 :49.1
CTM.. 1,100.0 . '53.1
2.0 1,908.00
2fii 1,122~
15o':i $20.0 6,795. 19.00
95.ii $25.00 $ 2,: ·.00 22.00 $ 2,090.00
_Q_f{M SEWER 12" C 76 CLV 4:3~1 $25.00 $ 11, 26.00 s 1:
$4,500.00 s 13, 3,90( 3.7 3,885.00 .. ...
.:: 12"X 'IL .... <> U, ..... l• $600.00 s 1.
~: 5
~~:-~~
I 4SjTEE 12"x 12"x 8" C ;5o.oo s .........
TERRACE GRADIJI. :10.00 $ 8,57'
TRAFFIC CONTRO aoo.oo s 5,oo, 22,464. ~
TRENCH REPAIR ! $65.00 s 10,14'
VALVE GATE 6" M $550.00 s 1,650.0
iATE $650.00 $ 1,950.0 745.00
;ATE t 950.(J ~
1 1,260.00
.... nn
nAINt
Z__,Q_ --~~j
$20,
S30.~260.0_Q_ 1,988.00
H-1592, W-666, S-601 CLAY AVE. TERRACE ST. to SPRING ST.
CONCRETE BID TABULATION 03/15/05
I..VI'III'V-\I,..IVI WADEL STABILIZATION SCHULTZ EXCAVATING GRANT TOWER EXCAVATING JACKSON-MERKEY
ADDRESS I 2500 N. OCEANA OR. 55656THST 13064 WISNER 555 E. WESTERN AVE.
HART Ml 49420 GRANT I 49327 I Ml 49441
lUST CATCH BASIN CASl
rr ~PRICE
300.00
I
lUST MANHOLE CASTING ..Ji .00 ~ 93 375.00 ~-~
J AGG. BASE COURSE 22A@ • 24,1o2.oo I
I 299.00 470.00
; __!_,_! 368.00 '~ 2, 1,650.00
; 607.00
""142.iiO
596.00 ' 0
•.. 326.0
~ 1,1
VEMI
lEW'
' o.,;uNo.,;. ;:.1DEWJ!
S CORP. STOP 1'
:; CROSS 12"x 8" D.C.!. 1......
i CURB STOP 1" MUELI OW/80
7 CURB STOP 2" FORO tW/80
~ GEOTEXTILE
~ HYDRANTST 4,500.00 s 2,000.
iTA. 0,020.00 s 2 200.
~EQ.
:;:;:;u- 7.200.00 s 350•.
OEP 0,000.00 s 1,600.
645.on ~ ?<:n
285.1
;;nru:;;
APPRC
DEWI'J
MOLl ....... ~
:ME~ 5,735•.
>REFILl ~ 1,625. ~ 12,600.00
;wE 44.
:WE 92.·
'' SOR 35 36.~ 20,553. 65.50 36,483.50
'5"5oJ 2,200.' ~
8oo.i ~·~00.' 320•.
36 SLEEVE LONG 1
37 STORM SEWER 6" S.D
38 STORM SEWER 10" S.D.
-TORM SEWER 12" S.D.R
rORM SEWER 12" C 76 C 28.00 26.00
·~ ~ ~ ~ ~'"' o~
bA-~~ £2oa0
\2o<0t=- ~(l_~s~ .
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