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CITY OF MUSKEGON CITY COMMISSION MEETING FEBRUARY 8, 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: o INTRODUCTIONS/PRESENTATION: o CONSENT AGENDA: A. Approval of Minutes. CITY CLERK B. Resolution for Charitable Gaming License. CITY CLERK C. Fireworks Display- Shrine Circus. CITY CLERK D. Amendment to City Commission Rules and Procedures. LEGISLATIVE POLICY COMMITTEE E. Budgeted Vehicle Replacement - Two Dodge 1500 4x4 Quad Cabs. PUBLIC WORKS F. Budgeted Vehicle Purchase - Two Chevrolet Colorado Trucks. PUBLIC WORKS G. Budgeted Vehicle Replacement - Three Ford F-250 Trucks. PUBLIC WORKS H. Budgeted Vehicle Replacement - Three F-450 Cab and Chassis. PUBLIC WORKS I. Budgeted Plow Truck Purchase- Two Cab and Chassis. PUBLIC WORKS J. Grant Agreement with the State of Michigan. CITY CLERK o PUBLIC HEARINGS: A. Create a Special Assessment District for Clay Avenue, Terrace to Spring. ENGINEERING B. Create a Special Assessment District for Park Street, Laketon to Young. ENGINEERING o COMMUNICATIONS: o CITY MANAGER'S REPORT: o UNFINISHED BUSINESS: o NEW BUSINESS: A. Brownfield Site Assessment Professional Services Aareement Environmental Consultants. PLANNING & ECONOMIC DEVELOPMENT B. Seasonal and Temporary Services Provider Contract. CIVIL SERVICE C. Consideration of Bids: Dale Ave., Ruddiman to McGraft. ENGINEERING D. Consideration of Bids: Evart Street. Allen to Amity. ENGINEERING E. Consideration of Bids: Hudson, Forest to Southern. ENGINEERING F. Change Order to add the 2005 Sidewalk Replacement Program onto the 2004 Contract. ENGINEERING G. LED Traffic Signals. ENGINEERING o ANY OTHER BUSINESS: o PUBLIC PARTICIPATION: > Reminder: Individuals who would like to address the City Commission shoJI do the following: );> Fill out a request to speak form attached to the agenda or located in the back of the room. l> 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 ADJOURNMENT: ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO ATIEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml49440 OR BY CALLING (231) 724-6705 OR TOO: (231) 724-4172. Date: February 8, 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 Regular Commission Meeting that was held on Tuesday, January 25, 2005. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY COMMISSION MEETING FEBRUARY 8, 2005 CITY COMMISSION CHAMBERS @ 5:30 P.M. MINUTES The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, February 8, 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 Stephen Gawron, Clara Shepherd, Lawrence Spataro, Chris Carter, and Kevin Davis, City Manager Bryon Mazade, City Attorney John Schrier, and Deputy City Clerk Linda Potter. 2005-11 CONSENT AGENDA: A. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meeting that was held on Tuesday, January 25, 2005. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. B. Resolution for Charitable Gaming License. CITY CLERK SUMMARY OF REQUEST: Criminal Justice Services, Inc., 1267 Pine Street, is requesting a resolution recognizing them as a non-profit organization operating in the City for the purpose of obtaining a gaming license. They have been recognized as a 501 (c) (3) organization by the State. They would like to hold Bingo games on an ongoing basis. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval. C. Fireworks Display- Shrine Circus. CITY CLERK SUMMARY OF REQUEST: Jordan Productions, Inc., is requesting approval of a fireworks display permit for March 4th and 5th at the Walker Arena. Fire Marshall Metcalf will inspect the fireworks. The insurance coverage has been approved. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks. D. Amendment to City Commission Rules and Procedures. LEGISLATIVE POLICY COMMITTEE SUMMARY OF REQUEST: To adopt the amendment to the City Commission Rules and Procedures to include the following addition: Under Section titled Guidelines of Conduct, Paragraph C add #4 to say "Before any Commissioner accepts an appointment to any out of state board which may involve out of state travel, he or she must first bring it before the entire Commission for consideration." FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval. COMMITTEE RECOMMENDATION: Recommends Approval. E. Budgeted Vehicle Replacement - Two Dodge 1500 4x4 Quad Cabs. PUBLIC WORKS SUMMARY OF REQUEST: Approval to purchase two Dodge 1500 4 x 4 Quad Cabs using the State of Michigan Purchasing Contract. FINANCIAL IMPACT: Total Cost $42,361.56. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve purchase. F. Budgeted Vehicle Purchase - Two Chevrolet Colorado Trucks. PUBLIC WORKS SUMMARY OF REQUEST: Approval to purchase two Chevrolet Colorado Trucks using statewide purchasing. FINANCIAL IMPACT: Total Cost $29.752.28. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve purchase. G. Budgeted Vehicle Replacement - Three Ford F-250 Trucks. PUBLIC WORKS SUMMARY OF REQUEST: Approval to purchase three Ford F-250 trucks from Tony Betten & Sons Ford. FINANCIAL IMPACT: Total Cost $48,000. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve the purchase of three Ford F-250 trucks from Tony Betten & Sons Ford. H. Budgeted Vehicle Replacement - Three F-450 Cab and Chassis. PUBLIC WORKS SUMMARY OF REQUEST: Approval to purchase three F-450 cab and chassis from Tony Betten and Sons and fabrication using Monroe equipment. FINANCIAL IMPACT: Total Cost $74,905.98. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve the purchase of three F-450 cab and chassis from Tony Betten and Sons and fabrication using Monroe equipment. I. Budgeted Plow Truck Purchase- Two Cab and Chassis. PUBLIC WORKS SUMMARY OF REQUEST: Approval to purchase two cab and chassis from Woodland International. Underbody plows and boxes will be purchased separately. FINANCIAL IMPACT: Total Cost $104,062.24. BUDGET ACTION REQUIRED: None. $150,000 was budgeted for the total purchase. STAFF RECOMMENDATION: Approve purchase of budgeted replacement plow trucks from Woodland International. K. Grant Agreement with the State of Michigan. CITY CLERK SUMMARY OF REQUEST: To enter into a Grant Agreement with the State of Michigan for voting equipment and related software and to appoint Gail Kundinger, City Clerk, as the grant manager. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the request. Motion by Commissioner Gawron, second by Commissioner Shepherd to approve the Consent Agenda with the exception of item J. ROLL VOTE: Ayes: larson, Shepherd, Spataro, Warmington, Carter, Davis, and Gawron Nays: None MOTION PASSES 2005-12 ITEM REMOVED FROM THE CONSENT AGENDA: J. Amendment to Special Event Policy. CITY MANAGER SUMMARY OF REQUEST: To amend the city's Special Event Policy to provide that only the permit application fee is waived for Veterans' Groups and Neighborhood Associations. Other special events service requests will not be waived. FINANCIAL IMPACT: Unknown potential savings to the City. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the proposed amendment. Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the amendment to the Special Event Policy. ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson Nays: None MOTION PASSES 2005-13 PUBLIC HEARINGS: A. Create a Special Assessment District for Clay Avenue, Terrace to Spring. ENGINEERING SUMMARY OF REQUEST: To hold a Public Hearing on the proposed special assessment for Clay Avenue, Terrace to Spring, 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 5:41 p.m. to hear and consider any comments from the public. No public comments were made. Motion by Commissioner Spataro, second by Commissioner Davis to close the Public Hearing at 5:43 p.m. and approve the special assessment for Clay Avenue, Terrace to Spring. ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd Nays: None MOTION PASSES Commissioner Shepherd and Vice Mayor Larson were appointed to the Board of Assessors. B. Create a Special Assessment District for Park Street, Laketon to Young. ENGINEERING SUMMARY OF REQUEST: To hold a Public Hearing on the proposed special assessment for Park Street, Laketon to Young, 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 5:45 p.m. to hear and consider any comments from the public. Comments in opposition were heard from: Allen Lowe and Craig Lowe, co-owners of Greater Muskegon Transfer, 1922 Park. Motion by Commissioner Spataro, second by Commissioner Gawron to close the Public Hearing at 6:02 p.m. and approve the special assessment for Park Street, Laketon to Young. ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and Spataro Nays: None MOTION PASSES Commissioner Spataro and Mayor Warmington were appointed to the Board of Assessors. 2005-14 NEW BUSINESS: A. Brownfield Site Assessment Professional Services Agreement - Environmental Consultants. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the "Professional Services Agreement" ("Agreement") for environmental services related to the Site Assessment Grant/Loan received by the City. This same Agreement will be used between the City and each of the four firms approved by the Commission (i.e., Prein & Newhof, P.S., Westshore Engineering, ERM, Inc., Horizon Environmental). FINANCIAL IMPACT: The payments to the environmental consultants will be made from the Site Assessment Grant/Loan through the Michigan Department of Environmental Quality. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the Agreement between the City of Muskegon and the four approved environmental consultants, and authorize the Mayor and Clerk to sign the Agreements. Motion by Commissioner Spataro, second by Commissioner Shepherd to approve the Brownfield Site Assessment Professional Services Agreement. ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and Warmington Nays: None MOTION PASSES B. Seasonal and Temporary Services Provider Contract. CIVIL SERVICE SUMMARY OF REQUEST: Approval of provider contract for seasonal and temporary employment services. RFP solicitation resulted in three proposals, which were due February 1, 2005. Proposals were received from: GoodTemps, 765 W. Norton, Muskegon, Ml 49441 MANPOWER, 20 West Muskegon Avenue, Muskegon, Ml 49440-1317 Troy Technical Services, Inc., 1000 3-Mile Rd. NW, Grand Rapids, Ml 49544 A committee consisting of managers and users reviewed proposals and interviewed bidder representatives. While GoodTemps was the low bidder, the decision to award them the contract was not made exclusively on that factor. Overall, GoodTemps presented a desirable package in terms of flexibility, responsiveness, hiring and orientation process, reporting, and commitment to equal employment opportunity. FINANCIAL IMPACT: Seasonal and temporary services are projected to cost approximately $400,000 during 2005. BUDGET ACTION REQUIRED: Financial resources are allocated in the 2005 budget. COMMITIEE RECOMMENDATION: The committee recommends that GoodTemps be awarded the 2005-2007 seasonal and temporary services provider contract. STAFF RECOMMENDATION: Staff recommends and requests approval of the decision to award the seasonal and temporary services contract to GoodTemps, contingent upon working out agreement terms acceptable to the City Attorney. Motion by Commissioner Shepherd, second by Commissioner Spataro to approve the seasonal and temporary services provider contract with GoodTemps. ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and Carter Nays: None MOTION PASSES C. Consideration of Bids: Dale Ave .. Ruddiman to McGraft. ENGINEERING SUMMARY OF REQUEST: The paving as well as sanitary sewer upgrade contract (H-1596) on Dale Avenue between Ruddiman Street & McGraft Street be awarded to Dan Hoe Excavating, Inc. out of Holland, MI. Dan Hoe Excavating, Inc. was the lowest, responsible bidder with a bid price of $96,808.45. FINANCIAL IMPACT: The construction cost of $96,808.45 plus related engineering expenses. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Award the contract to Dan Hoe Excavating, Inc. Motion by Commissioner Gawron, second by Vice Mayor Larson to award the contract for Dale Avenue, Ruddiman to McGraft to Dan Hoe Excavating, Inc. ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and Davis Nays: None. MOTION PASSES D. Consideration of Bids: Evart Street, Allen to Amity. ENGINEERING SUMMARY OF REQUEST: The paving contract (H-1597) on Evart Street between Allen Avenue & Amity Avenue be awarded to McCormick Sand, Inc. out of Shelby, MI. McCormick Sand, Inc. was the lowest, responsible bidder with a bid price of $34,977.69. FINANCIAL IMPACT: The construction cost of $34,977.69 plus related engineering expenses. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Award the contract to McCormick Sand, Inc. Motion by Commissioner Spataro, second by Commissioner Shepherd to award the contract for Evart Street, Allen to Amity, to McCormick Sand, Inc. ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and Gawron Nays: None MOTION PASSES E. Consideration of Bids: Hudson. Forest to Southern. ENGINEERING SUMMARY OF REQUEST: The utility work contract (S-588 & W-646) on Hudson between Forest & Southern be awarded to Jackson Merkey Contractors out of Muskegon. Jackson Merkey was the lowest, responsible bidder with a bid price of $84,223.30. · FINANCIAL IMPACT: The construction cost of $84,223.30 plus related engineering expenses. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Award the contract to Jackson Merkey Contractors. Motion by Commissioner Spataro, second by Commissioner Gawron to award the contract for Hudson between Forest & Southern to Jackson Merkey Contractors. ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson Nays: None MOTION PASSES F. Change Order to add the 2005 Sidewalk Replacement Program onto the 2004 Contract. ENGINEERING SUMMARY OF REQUEST: It is requested that the 2004 Sidewalk contract with Accurate Excavators be amended to include the 2005 Sidewalk Program via a change order at an estimated cost of $156,007. FINANCIAL IMPACT: The construction cost of $156,007 plus related engineering expenses which is estimated at 20%. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Amend the 2004 contract with Accurate Excavators to include the 2005 project. Motion by Vice Mayor Larson, second by Commissioner Gawron to amend the 2004 contract with Accurate Excavators to include the 2005 project. ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd Nays: None MOTION PASSES G. LED Traffic Signals. ENGINEERING SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Strain Electric Company out of Grand Rapids, Ml, to replace the incandescent signals with LED (light - emitting diode) ones for the purpose of saving energy consumptions and enhancing visibility at more than thirty (30) locations within the City. The cost of this agreement would be $116,7 60 with a payback of less than 4-years while the expected life of those LEDs is estimated at 5-7 years. Strain Electric is being recommended without a formal bid process due to their desire & willingness to extend the unit prices they did the Norton Shores project for in 2004. Norton Shores went through a formal bid process and Strain was selected based on qualifications and being the lowest responsible bidder. FINANCIAL IMPACT: The cost of labor & materials of $116,750. BUDGET ACTION REQUIRED: The upcoming quarterly budget will be revised to reflect this project and eliminate the Lakeshore Drive, Lincoln to McCracken project from the Major Street list of the 2005 CIP budget sinc e our request for grant was not approved by MOOT. STAFF RECOMMENDATION : Authorize staff to enter into an agreement with Strain Electric to upgrade traffic signals. Motion by Commissioner Spataro, second by Commissioner Gawron to authorize staff to enter into an agreement with Strain Electric. ROLL VOTE: Ayes: None Nays: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and Spa~aro MOTION FAILS 2005-15 PUBLIC PARTICIPATION: Various comments were heard from the public. Eugene Stout asked where we are with the possible lay off of Fire Fighters. Discussion was held. Motion by Commissioner Spataro, second by Commissioner Shepherd to refer the issue of inspections by the Fire Department to staff to resolve, which will include a withdrawal of outstanding grievances within 48 hours, or take the necessary steps to reinstate the former Housing Inspection positions and make the required adjustment to the 2005 budget. ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and Warmington Nays: None MOTION PASSES ADJOURNMENT: The City Commission adjourned at 7:23p.m . Respectfully submitted, Gail A. Kundinger, MMC City Clerk Date: February 8, 2005 To: Honorable Mayor and City Commissioners From: Gail Kundinger, City Clerk RE: Resolution for Charitable Gaming License SUMMARY OF REQUEST: Criminal Justice Services, Inc., 1267 Pine Street is requesting a resolution recognizing them as a non-profit organization operating in the City for the purpose of obtaining a gaming license. They have been recognized as a 501 (c) (3) organization by the State. They would like to hold Bingo games on an ongoing basis. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval CRIMINAL JUSTICE SERVICES, INC. 1267 Pine Street MusRegon Michigan 49442 Phone: 231-722-2349 Fax: 231-903-4155 "Stand for something, or fall for anything" January 27, 2005 MusRegon City Council City of MusRegon 933 Terrace MusRegon Ml49440 Dear Council Members: My agency would liRe to apply for a license to conduct a Bingo game on an ongoing basis. I have enclosed our Articles of Incorporation, a letter from the Internal Revenue Service proving that we are a 501 c3 non profit organization and a copy of our brochure which details or services. The funds derived from Bingo will help us to provide counseling and intervention service to persons who are in trouble with the law. We will also provide funds to help these people secure job training and housing. Funds will also be used to assist persons who are mentally ill and are in need of funds for clothing, food, utility payments, etc when these services cannot be obtained from another agency. I would appreicate your endorsement so that we can continue our application for a Bingo license. If you require any additional information, please do not hesitate to contact me. Sincerely, [~6( President Michigan Department of Consumer and Industry Services Filing Endorsement This is to Certify that the ARTICLES OF INCORPORATION- NONPROFIT for CRIMINAL JUSTICE SERVICES INC. ID NUMBER: 78071.2 received by facsimile transmission on February 5, 2004 is hereby endorsed filed on February 11, 2004 by the Administrator. The document is effective on the date filed, unless a subsequent effective date within 90 days after received date is stated in the document. In testimony whereof, I have hereunto set my hand and affixed the Seal of the Department, in the City of Lansing, this 11th day of February, 2004. Bureau of Commercial Services Sent bv Facsimile Transmission 04051 C&S 0f12 (Rev ..~'00) MICHIGAN DEPARTMENT OF CONSUMER & INDUSTRY SERVICES CORPORATION AND LAND DEVELOPMENT BUREAU Date Received (FOR BUREAU USE ONLY) This document is effective On the date filed, unless a subsequent effective date within 90 days after received date is stated in the document. Name Bruce B. Hubbard Address 77 East Tohn Street City State Zip Code Hicksville NY 11801 EFFECTIVE DATE: % Document will be returned to the name and address you enter above i9" ARTICLES OF INCORPORATION For use by Domestic Nonprofit Corporations (Please read information and instruction on the last page) Pursuant to the provisions of Act 162, Public Acts of 1982, the undersigned corporation executes the following Articles: ARTICLE1 The name of the corporation is: Criminal Justice Services Inc. ARTICLE II The purpose or purposes for which the corporation is organized are: To provide counseling, consultation, housing and family intervention services to all persons who are on parole, probation or who are presently incarcerated in a jail or prison located within the State of Michigan. Said organization is organized exclusively for charitable, religious, educational and scientific purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501 (c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code. No part of the net earnings of the organization shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that the organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the purpose clause hereof. No substantial part of the activities of the organization shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the organization shall not participate in, or intervene in (including the publishing or distributions of statements) and political campaign on behalf of any candidate for public office. Notwithstanding any other provision of this document, the organization shall not carry on any other activities not permitted to be carried on (a) by an organization exempt from Federal income tax under section 501 (c) (3) of the Internal Revenue Code, or corresponding section of any future tax code, or (b) by an organization, contributions to which are deductible under section 170 (c) (2) of the Internal Revenue Code, or corresponding section of any future federal tax code. Upon the dissolution of the organization, assets shall be distributed for one or more exempt purposes within the meaning of section 501 (c) (3) of the Internal Revenue Code, or corresponding section of any future Federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. Any such assets not disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of the organization is then located, exclusively for such purposes or to such organization of organizations, as said Court shall determine, which are organized and operated exclusively for such purposes. ARliCLE HI The Tot2l authorized shares: 1. The corporation is organized upon a _ _ _ _ __,N'::'::o"":-n"'s'-'toco"-'c"k~--:----'basis. (Stock or Nonstock) 2. If organized on a stock basis, the total number of shares which the corporation has authority to issue is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . If the shares are, or are to be, divided into classes, the designation of each class, the number of shares in each class, and the relative rights, preferences and limitations of the shares of each class are as follows: 3. a. If organized on a nonstock basis, the description and value of its real property assets are: (if none, insert "none") None b. The description and value of its personal property assets are: (if none, insert "none") None c. The corporation is to be financiJd under the following general plan: Donations ~. The corporation is organized on a _ _ _ _ ____o::D:...=:ir=-e=-c=t:_o=r=s=-hi=·+p:___ _ _ _.basis. {Membership or Directorship) ARTICLE IV 1. The address of the registered office is: 1=2-=-6--c7-"'P-=i=n.::.::e-=S::..:t:.::.r-=-ee-=-t:__~~~~-------"'M=-=-u=s.::ck::.::e.ogc::oc::cn=---~· ___ Michigan~~--'4::.:9-=4::;4;::;:2~...,....-~- IStreet Address) (City) (ZIP Code) 2. The mailing address of the registered office, if different than above: ----------------------------'Michigan (Street Address or P.O. Box) (City) (ZIP Code) 3. The name of the resident agent at the registered office is: RobertS. Teszlewicz ARTICLEV The name(s) and address(es) of the incorporator(s) is (are) as follows: Name Residence or Business Address Rgpert S. Teszl~'--"w-'-'i'-"'c='z---~ 1267 Pine Street, Muskegon, MI 49442 '· (We), '"' ~'"'?'"""''"' "'' my ':"'L'"' '"'" 3Yd '"' ol Feb mary, 2004 r~:~a-a / / ;{;~ D2 --f>]~cY=r= f=l- / __ ¥=- Name of person or organization Preparer's name and business remitting fees: telephone number: Bruce B. Hubbard 1-516-935-3940 Internal Revenue Service Department of the Treasury P. 0. Box 2508 Date: June 7, 2004 Cincinnati, OH 45201 Person to Contact: Criminal Justice Services Inc. Michelle Jones 31-07675 1267 Pine St. Customer Service Specialist Muskegon, Ml 49442-3510 Toll Free Telephone Number: 8:00a.m. to 6:30p.m. EST 877-829-5500 Fax Number: 513-263-3756 Federal Identification Number: 38-2755646 Dear Sir or Madam: This is in response to the amendment to your organizations Articles of Incorporation filed with the state on April 27, 2004. We have updated our records to reflect the name change as indicated above. In April 1988 we issued a determination letter that recognized your organization as exempt from federal income tax. Our records indicate that your organization is currently exempt under section 501(c)(3) of the Internal Revenue Code. Based on information subsequently submitted, we classified your organization as one that is not a private foundation within the meaning of section 509( a) of the Code because it is an organization described in sections 509(a)(1) and 170(b)(1)(A)(vi). This classification was based on the assumption that your organization's operations would continue as stated in the application. If your organization's sources of support, or its character, method of operations, or purposes have changed, please let us know so we can consider the effect of the change on the exempt status and foundation status of your organization. Your organization is required to file Form 990, Return of Organization Exempt from Income Tax, only if its gross receipts each year are normally more than $25,000. If a return is required, it must be filed by the 15th day of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty of $20 a day, up to a maximum of $10,000, when a return is filed late, unless there is reasonable cause for the delay. All exempt organizations (unless specifically excluded) are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more paid to each employee during a calendar year. Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the Code. However, these organizations are not automatically exempt from other federal excise taxes. Donors may deduct contributions to your organization as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to your organization or for its use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. -2- Criminal Justice Services Inc. 38-2755646 Your organization is not required to file federal income tax returns unless it is subject to the tax on unrelated business income under section 511 of the Code. If your organization is subject to this tax, it must file an income tax return on the Form 990-T, Exempt Organization Business Income Tax Return. In this letter, we are not determining whether any of your organization's present or proposed activities are unrelated trade or business as defined in section 513 of the Code. Section 6104 of the Internal Revenue Code requires you to make your organization's annual return available for public inspection without charge for three years after the due date of the return. The law also requires organizations that received recognition of exemption on July 15, 1987, or later, to make available for public inspection a copy of the exemption application, any supporting documents and the exemption letter to any individual who requests such documents in person or in writing. Organizations that received recognition of exemption before July 15, 1987, and had a copy of their exemption application on July 15, 1987, are also required to make available for public inspection a copy of the exemption application, any supporting documents and the exemption letter to any individual who requests such documents in person or in writing. For additional information on disclosure requirements, please refer to Internal Revenue Bulletin 1999 - 17. Because this letter could help resolve any questions about your organization's exempt status and foundation status, you should keep it with the organization's permanent records. If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely, ~'KJ&fu Janna K. Skufca, Director, TE/GE Customer Account Services li / ~- · .: / c"'"'"' Gom;og o;w•oo Box 30023. Lansing, Ml 48909 OVE RNIG HT DELIVERY: 10 1 E. Hillsdale, Lansing Ml 48933 2005-11(b) w (5 17) 335-5780 lOIJERV www.michigan.gov/cg LOCAL GOVERNING BODY RESOLUTION FOR CHARITABLE GAMING LICENSES (Required by MCL.432.103(9)) At a ___.B...,e""'-'!!fg""'u._l...,a""-'-r__________ meeting of the -~C~1~ · t~y~C~o':fm~m:'::"i~s~s~i~o~n~=;:;--- REGULAR OR SPECIAL TOWNSHIP. CITY, OR VILLAGE COUNCI LIBOARD calledtoorderby Mayor Warmington on February 8, 2005 --~~-----~---------- D~E at._.....:.S::.....:=--3=-0.::.___ _ ~./p.m. the following resolution was offered : TIME Moved by Commissioner Gawron and supported by Commissioner Shepherd that the request from Criminal Justic e Services of Muskegon NAME OFORGANIZATION ----~'-:C::: ITY ::-:------ county of _....:M=-u::.:s=-k=-=-=e_..g~o:..:n.:..__ _ _ _ _ _ _ _ _ _ , asking that they be recognized as a COUNTY NAME nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license, be considered for _A--=-p-=-p_r--:-o::::v::::a:::-:1:-:---:::==::-:----- APPRovAl.JDisAPPRovAL APPROVAL DISAPPROVAL Yeas: 7 Yeas: Nays: 0 Nays: Absent: 0 Absent: I hereby certify that the foregoing is a true and complete copy of a resolution offered and adopted by the City Commission at a _....:.R:.:.e=...:J.g....:u:.:l:::-::a::::r=:-:-::= =::7."'""---- TOWNSHIP. CITY. OR VILLAGE COUNCILJBOARD REGuLAR OR SPECIAL SIGNED: Gail A. Kundinger, MMC, City Clerk PRINTED NAME AND TITLE 933 Terrace, Musk e gon, MT 49440 ADDRESS COMPLETION: Required. PENALTY: Possible denial of application. BSL-CG-1153(R 7/02) Date: February 8, 2005 To: Honorable Mayor and City Commissioners From: Gail A. Kundinger, City Clerk RE: Fireworks Display- Shrine Circus SUMMARY OF REQUEST: Jordan Productions, Inc., is requesting approval of a fireworks display permit for March 4th and 5th at the Walker Arena. Fire Marshall Metcalf will inspect the fireworks. The insurance coverage has been approved. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval contingent on insJ:ection of the fireworks. 2005-11(c) PERMIT FOR FIREWORKS DISPLAY Act 358, P.A. 1968 This permit is not transferable. Possession of this permit by the herein named person will authorize him to possess, transport and display fireworks in the amounts, for the purpose, and at the place listed below only. TYPE OF DISPLAY: frn PUBLIC DISPLAY ( ) AGRICULTURAL PEST CONI'ROL ISSUED TO: Jordan Productions NAME Jody Jordan ADDRESS 4040 s. Pearl St., Las Vegan, · NV AGE 37 CJiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii- ·.. REPRESENTING NA."'E OF ORGA.'l!ZATION, GROL'P, FIRM OR CORPORATION Saladin $brine Qenter ADDRESS 4200 Salidin Dr., S.E., Grand Rapids, MI NUMBER & TYPES OF FIREWORKS: rndpor Fireworks• 3 Displays over Circus Rings 2 Slow Sparkle 2 Concussion 2 Fast Sparkle 2 Aerial DISPLAY: L. C. Walker Arena EXACT LOCATION 955 4th St,, Muskegon, MI CITY, VILLAGE. TOWNSHIP DATE TIME March 4 & 5, 2005 As Scheduled BOND OR INSURANCE FILED: (X) YES ()NO AMOUNT $1,000,000. ISSUED BY Issued by action of the MJISKEGON CITY COMMISSION (council, commiukll\ board) of the crrv of MJ/SKEGON (c.1ty, vtlbgc. :aW!Ullip) (rwne o( o;ity, vill•1e. :avmship) (11!(1111\m: .i:. poliUOn af c.ouncil, comm1uiQ11 Ut boud rcpr~CI'IUI..Ivc) Jan 05 05 10•15a JORDAN WORLD CIRCUS l702J 451-2822 p.2 -- -Jan. ~ · LUUO'"II : tbAM' ' ..,lYALKtH AKtNA·MU~K ,.~~,~-.'"'"''"'''i '-'-l'Y ""-t.~<"' No.7956 rp . 2 1:1£ , ~ U( It· IIIII ·APPLICATION FOR FIREWORKS DISPLAY PERMIT Act .358, P.A. 1968 I OATI 0~ AI'I'LIC ...TIOIIl . 1 -5-05 .. .. 1, TYPE OF ti1SPI.4Yc . Pt411e l:ltuor,, 0 Pw•t fii A9rlevlhlrllf C:tlfttral l:z~ ,.,._,e~t4t NAM£ 0~ ,.~R:IOfll AOCIA6&S 4040 S.P0..:1rl ~t:. . T ,;:j p: NV,Q ~~7i'.f't 1M ~'t' .~.., Jodv .Tordan V0.0il!'l. " /flo CO"I'OIIATIDN• N•- at Pree•4!ent ACDIIeU Jordan Pro<iur.t: ) ont:; .~nmP. .3, PYROTCCI1NIC OPBRA TOR NAMI! .40DAU. AG~ 'f'Bt b~ ~I Ot o- .Tnov .Torilnn· S;~tnP 11 I"PII'IIINCII N Ur.l,lll Q, nAIIt Y~ar~ I1'10-?.00 Nuad~ll or CIPL.II~ Shows ~[Ill nn tonr w/shrinP- ('_j. rcu~ ... NAM(C Of' AMitTAWI'I: NP.Mf AOI;ll\559 .-or .IIOOfii&S AIO~ ~~~~~~~' .•. 1-&. PIOM • RI!$1DI~T AP',1.1CAN,. 1'4~1 .T() V .Tordan 4~e~~~c;. .Pe.r).r l. St. T.i1 ~ VPO A ~. NV. Rq121 ,...,_ (II t•Uo~ru~ ""''"'"' •• "•••••~• oA~~t,., 1\!)0PIWli!J 'l't~'~H()NII NU>4Cft ...<::...;:}1 ··ol"' -i n ~h.,..iY"In ("'Qnf-1'.,... 4?00 ~.:~linin nr s . r.:. , · Grand Rno'i s .$, ~l(ACT LOCATIO~ OF PROPOUD 01$"UV r..c . Walker Arcnu. 95."i 4th st. Muskeoon. DArt .._ .. - · M:i 49440 ~~~{ S<:h(~d·uled Murch 4-J f'"' 2005 6. NUM$£R ANI) KIHOS OF F'l REWORICS TO U OIJPl.AYeD Tnooor F'irc wor'ks : 1 ni ~ olav s o ve r <:ircus R1no~; ?. Slow Soarkle /. r'ast SOr1 rk 1 0 7. Concu~ !-' ion 2 Aerial .. MA~N·II .. """'CII 0~ ITOil..t.(J. I'AIQII YO OIII'I.AY .. D \1 .... r. 0:: r'\nr i " 1 t-" P.t'Y)(" wI r.oc k 1 lluDi&C\ 10 _Appt.,_val _J_I '-~•1 P t• 1\vltoorlol••l ., ~· >loMOUNT g~ I)()NI) Cll INIUIIIJINC::~ 7, Fll'fAt-I~I'AL ftUPONSIBI~ITY i· I 1• De a•t ~V ""'M~fD41".VI ! 7. 00.0 000.00 I;Q~1'0UoTION 0' I NSVAANC~ COMI"ANVt 111 ... 1... 11 3°3~ p~~k • • •ONOINQ 4 Bro ok & Associate s - Ri c b. Brooks Av. River Fores t, r. 60305 ~c .' m~ ,. Jan 05 05 10:16a JORDAN WORLD CIRCUS (702) 451-2822 p.3 eEijrtfj;ICA'Tt=_ - •.-o·_f:, ~-s_·-WR.~,'.Nc_··_ -.~::" .. .,;;c._____,;J_:· :...- .-..;... ~ f'!-J1"'.ONLY '"jT'H il sr-e:JrANO ~-~ if·Ti'i F~'j j~A T'i'i•f;'f:ls§"-iliSf!SiNO:uiE 'iJo;-RIGHTS A :~ S-._~"j: JAMJi. ~ -UPON :'fo c.!fi.~~-H! iC_Ofi!F'iil~mJ!i1nfit\_~;t--j ··J:.· __- --- - _,· DAT., ••,••/W) . . , --··· . -- -·----·· .. - , -·· (:0NF~RS l11E CERTIFICATE RICHARD A. BROOKS AND ASSOCIATES, LTD. HOLDER, THIS CERTIFICAT~ OOES NOT AMEND, EXTEND 011 1338 PARK AVE. AlTER lHF.- COVERAGI!: AFFORDED BV Tl-fE POLICir!:S CJE:LOW. RIVER I'OREST, IL. 60305 708 771 _3553 COMI"ANV UNDERWRITERS. LLOYD$ OF LONDON • k ••• _A_ .. __ ... ··-·-·· .. INSU~EO 1-co_"a,"'_._'_F_I_R_E_~~-DC~s.~~=T_V_I_N_S_U_R_AN_C_E_C_O~!A~~--------1 JORDAN PRODUCTIONS, INC. <;OMIIAm 4040 S. PEARL STREET c ____ --------------- -.. ·---~----------- LAS VEGAS, NV 89121 COMPANY D COVfiflA~~S. •; .; ...... _.._... _ _ . _, _ _. ... ,.,;, . , _ ,_ ,, ,, _ ... :!;i<:;;•:r\.-.:.L.'',' __ . ____ .. _ THIS IS TO CERTIFY 1'HA) '!Hf I~OUCII::~ OF INSURANCE LISTED tsi:LOW HAvr. Ul..t.:N ISSUUO TO THE INSUHI::O NAMf-:1} AOOVE FOR i'H~ I"'OUCV Ptt'!IOO INOICATED, NOT WITHSTANDING ANY Rf.C!UIAI-Mr;NT, TERM OR COND!TION OF ANY CONTRACT OR OTHER DOCUMf:N't WITH RESPECT TO WHICH. THIS CI.R'I't!!'ICAl'r. MAY 00: ISSUED Ofl: MAY PEWrAIN, '1'1-tr INSURANCE AF"FOROEO UV 'rHI. PO\.ICII"S OCSCRIOFD HER!' IN W tiUnJCCT TO ALL THE T(AMS. _J,!c;!,~Y,~1.9.~f. ..~N0, C,ONO.i:!''P.~.n qr-_!',_~qli POI:Iq_H:.~•..L!.~I-~i~_f.HOWN ~~y t-i.I~Yf.f:lC[t:-i..J:tfDUf_[.Q,ft'(.ly_\_1,0 C~~IMf:'!.'. ·····-·- co 'NP-.:_ OF tNSVAAftCE POLICV NiJ;,f;lt;R; POUCY EFFECl1Vl: POI.tCY f!XPIRA'nON \.IMIT3 L'l'J( DATE(MMIDDNY) t:JAY£ (MMIQQ!YY') GENI:'RAI.. I,IAflU,ITY ar M:HA!:_ ~~~~~:~~"-"n'--·-+''--'?..LQ..Q.Q,_<;>_o_q_.~ I A X COMMERCIAL GI:N~ f~Al, l.IAIIII,ITY D300QCPQOQQ3116-3 10·15·04 10..15-05 I'H00VCTS • £?.~P/~CPC'AO:G"-Gf'$-~1";0':00'='-0"0"0"'--,_ r.;_ ~ ClAIMS MADE:: 0 OCCUR I ' ~~ASONAI, If. AOV INJURY 1_, 0Q0 ,_QQ_Q...!..._. S 1 O'NNt:R':l f. COtfl'liACY<)(~':~ I'I~Or I' -~ ACHOC~-U~~f-~~.r.. , .- .. ~ -~-- ..*·].. ,Q9_Q,_9_0_L r!~~~AMAGh (Any~;~nnll~) $ 5_9...~..(>9.9.· .. ,., - I MFIJ F:XP (Any OM' pmoo) $ AUiOMOAIL.I" l,!Anli,ITY f.!)MUINl 0 $1NOLI:. LIMIT 1,000,000, a -- ANY AUTO ASA 001399·5 5~3·04 5-3-05 ' All O~EDAUTOS rx- f>CHf.OtJlfDAVrot> ' 1,000,000, ---- HlfUOAUTO!-; NON-0~[0 ll.l,fi'O~ (}.~.?~~~f<V ---------1---------- $ 1,000,000. --- .. ,. -- ., ...... ~--- --- , ..... ' 1,000,000, .~RAGE UAD!!,.tTY AVT00NI,.Y-tAACCIDENT .S IINVAU)Q OTHm THAN AUTO ONE 'v· ""·-'-------- - (fi.CHACC!Dl"NT S -~>CCF..SS 1,.1AI31LITV fACH OCCUnRENC[ $ .':'l" UMOHt:LLA fORM __ ···t_ Ontl:" I HAN UMOI-Cf:I.~A f'0~111 WOA:KI!ft'S C¢MPE:N~'r1QM ANO t:M~lO\'t:ft$' LIAO!Lil"'' ~~'r'A'rU"''Qr~Y U"!!!.fs.___ ·-..........., ..... --~--~·"•' r·--*·-·----... A(:H ACClVt;NT ,,. :S ............ THE PROPki(IOH:t I"'"IINCL ~!~_EA~[ - PO~!CV I,IMI~ :j; f'At·fi'Nt)l.M:xtCUT!vt:. 0FF1CEI1.S ARE: . . ncxcL QI:!EASE- EACH EMPLOYr.r: $ OTIII:R SHOW DATES: lOCATION: ~arch 4--5, 2005' Muske<>on. Mi. OI::S.~Atfrlt¢N 0~ 01'1iHI\110Nl.lll.OCAn0NtlWEitiC.:LES/5PECIAl.ITEMS ADDITIONAL INSURED IN REGARD TO THE OPERATIONS OFTHE NAMED INSURED: Arena Manu.aement Grouo. r.r.r.: C:.:i. tv of Muskl"'o-ori .. Mi.: nl.u~ thoRc' Pntitins liRtAd on the attr>tchAd addendum .·,., --·c·.AN.·a·~L._LA_T-10"' ' - . ~ .. --- ""--'<.-- '"""" - -.. · - ""' --·- -.-:-' " - ._,_ ' ' 5HOULO ANY OF' THC AOOVh OFA<:RIRI.iQ PQJ.lCI[S 0[ CANCI!LlLO 9~FOAC 'I'H~ . ;-.;-'-'----···"- '"' .. ;,c_.;.c ........... :" - .:XPJRATION OAl"( 'l'k(~fQfl, ittc: 'H~)VING COMPANY WILl ENOC'AVOR "!'0 MAIL ritv of Muskeqon, Mi ...£Q._ OAVS WRJT'r'eN N0'1'1(:F, 1'0 THE C£Rl1fi1CAT£ H01,.0Ef( NAMI;.O 1'0 THE;; 1..6FT, alff FA.It.VRE TO MAll. SUCH NOTICC l!HAI.l. CMP0SI: NO OBLtoAnON OR LIAOJU't'V 933 Terrace Street OF ANY M;INO UPON THC COMPANY, IT!l' AOilN~ em Jttf'R(Sf.NTATtVC.tJ.. Muskaqon, Mi 49440 //.··/" 1/ ,) .• // ....,,... .... ~ .... ·~. ' .) ·-· .... -· .:.-..···" ··. ·:-·- ~. ; . :@"iiCOI'iO,coRPO~ATION 1Hl __ ~. " I Feb 11 05 02:00p JORDAN WORLD CIRCUS (702) 451-2822 p. 1 .JORDAN PRODUCTIONS, INC. ADDEND liM TO CRRTTFICATR OF lNSIIRANCR In con~idcration of the agreements by and between the parties, the undersigned: JORDAN PRODUCTIONS, INC. according to the tcnns of the a!lached insurance certificate, hereby agree to indemnify: SALADIN SHRINE CRNTER, A.A.O.N.M.S.; THE IMPERIAL COUNCIL, A.A.O.N.M.S. AN IOWA CORPORATION, AND ALL Of TIWIR AFFILIATED CORPORATIONS SHRlNERS HOSPITALS FOR CHILDREN. A COLORADO CORPORATION: AND ALl, OF THEIR AFFil .!/\'fED CORPORATlONS ARENA MANAGEMENT GROUP, L.L.C. CITY AND COUNTY OF MUSKEGON. ALL ELECTED OFFICIALS: ALL EMPLOYEES AND VOLUNTEERS: ALL BOARD, COMMISSIONS AND AUTHORITIES AND VOLUNTEERS '!HEREOF. from any and ;11l claim, demands and suits. including death, to any pcrson(s) or dama~•,c to the property of any pcrson(s) arising out of and in the course of operations connected with the circlL~ show to be held March 4 & 5, 2005. Above said operations include animal rides. moonbounce, concessions, and any and all circus Jctivitics inchtding indoor tircworks. i Jan 05 05 10:15a JORDAN WORLD CIRCUS {702) 451-2822 p•I JORDAN PRODUCTIONS, INC. FHODIJCEH$ Ql' .'1\CS!MlLE TRANSMITTAL SHE!,;'!' TO: FROM: :{lf$i,N<I" U-t-1 (,.<.lo><.lo(, '5 c,.Cr- ~I'-'. i2<<-l COMPANY: DAtE: Of'] • ,( vtv» ~ <;: G ~ t-'>--r 11AX. NUMJ.Il•:R: 'fOlAl. NO. 01' PAGES ( JNCLUDING COVER): ;l.'J I 7'2...':(- 'II 1 ~ 4 I'II()NE Nl!MI.ItHt RE: - 0 liR(ii:NT 0 FOI~ tHIVIFW 0 PIJ\A:\H C'OMMiiNr 0 PU~A,'\H l{f·:J)t.v D PLI~MW RFCY('I.I! N0Tii:\/C:{)MMEN'l'S 4040 S. PEARL STREET, LAS VEGAS, NV. 89121, USA PHONE: (702) 456·2642 ~FAX: (702) 451·2822 I EXPLANATION AMOUNT (i . MUSKEGON SHRINE CLUB MASONIC TEMPLE 396 W. CLAY AVENUE . 2449 MUSKEGON,MI 49440 ~ )UNT Gft. -o-o DOLLARS CHECK DESCRIPTION CHECK AMOUNT <TE TO THE ORDER OF NUMBER \70./ Cl YrLvskco HUNTINGTON NATIONAL BANK MUSKEGON, MICHIGAN 49443 u•QQ 2l,l,'J11° r:O 7 21,0 31,7 31: 0 ~ ~ 7 ~ 201; 7 2'lll" Date: February 8, 2005 To: Honorable Mayor and City Commissioners From: Legislative Policy Committee RE: Amendment to City Commission Rules and Procedures SUMMARY OF REQUEST: To adopt the amendment to the City Commission Rules and Procedures to include the following addition: Under Section titled Guidelines of Conduct, Paragraph C add #4 to say "Before any commissioner accepts an appointment to any out of state board which may involve out of state travel, he or she must first bring it before the entire Commission for consideration." FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval. COMMITIEE RECOMMENDATION: Recommends Approval. CITY OF MUSKEGON CITY COMMISSION RULES AND PROCEDURES CONTENTS RULES OF THE CITY COMMISSION A. Regular & Special Meetings B. Meeting Procedures C. Closed Meetings D. Voting & Discussion E. Citizen Participation F. Agenda G. Consent Agenda H. Recording of Meeting I. Miscellaneous J. Committee Assignments K. Manager Evaluation Process GUIDELINES FOR CONDUCT A. Public Relations B. City Commission Relations with City Staff C. City Commission Relations with Appointed City Commissions and Committees and Commission Member Representation to other Agencies and Groups RESOLUTION A RESOLUTION OF THE CITY OF MUSKEGON ADOPTING RULES OF THE CITY COMMISSION FOR THE CONDUCT OF COMMISSION MEETINGS AND A CODE OF CONDUCT. BE IT RESOLVED by the City Commission of the City of Muskegon that said Commission does hereby adopt certain rules of procedures and conduct as follows: RULES OF THE CITY COMMISSION A. REGULAR AND SPECIAL MEETINGS: 1. REGULAR MEETINGS Regular meetings of the City Commission will be held on the second and fourth Tuesday of each month beginning at 5:30 p.m., local prevailing time, at the City Hall, 933 Terrace Street, Muskegon. Regular meetings may be rescheduled to other times by a vote of the Commission. 2. SPECIAL MEETINGS A special meeting may be called by the Mayor or any of two (2) or more members of Commission and upon at least eighteen (18) hours notice to each member. 3. BUSINESS AT SPECIAL MEETINGS No business shall be transacted at any special meeting of the Commission unless the same has been stated in the required notice of such meeting. 4. STUDY SESSION MEETINGS The Study worksession meetings will be held on the Monday preceding the second Tuesday of each month at 5:30p.m. in City Hall, 933 Terrace Street. 5. REGULAR AND SPECIAL MEETING NOTICE (POSTING) REQUIREMENTS. a) For regular meetings of the Commission, the Clerk shall post at the City Hall, within three (3) days after the first meeting of the Commission in each calendar year, a public notice stating the dates, times, and places of its regular meeting for the year. b) For a rescheduled regular or a special meeting, of the Commission, a public notice stating the date, time, place and reason of the meeting shall be posted in City Hall at least 18 hours before the meeting. c) However, such notice, as described in 5a and b above, is not required for a meeting of the Commission in emergency session in the event of a widespread natural disaster or a severe and imminent threat to the health, safety or welfare of the public when two-thirds of the members of the Commission determine that delay would be detrimental to the City's efforts in responding to the threat. 6. MAIUNG OF MEETING AGENDAS Upon written request of an individual, organization, firm or corporation, and upon the requesting party's payments of an annual fee of not more than the reasonable estimated cost for printing and postage of such notices, the Clerk shall send to the requesting party by first class mail a copy of regular meeting agendas. Upon written request, the Clerk shall provide a copy of such notices of meetings to any newspaper published in the City of Muskegon and to any radio and television station located in Muskegon County free of charge. 7. MINUTES OF REGULAR AND SPECIAL MEETINGS a) A journal of the proceedings of each regular and special meeting will be kept in the English language by the Clerk and shall be signed by the City Clerk, upon approval of Commission. b) Unapproved minutes of regular or special meetings will be available for public inspection not more than eight business days after such meeting. c) Approved minutes will be available for public inspection not later than five business days after the meeting at which the minutes were approved. B. MEETING PROCEDURES: 1. MEETINGS TO BE PUBUC All regular and special meetings of the City Commission shall be open to the public and citizens shall have a reasonable opportunity to be heard under such rules and regulations as the Commission may prescribe. 2. ORDER OF BUSINESS An agenda for each Regular Commission meeting shall be prepared by the Mayor, City Manager or City Clerk in accordance with the following order of business: a. Call Meeting to Order/Welcome b. Prayer c. Pledge of Allegiance d. Roll Call e. Honors and Awards f. Consent Agenda g. Public Hearings h. Communications i. City Manager's Report j. Unfinished Business k. New Business I. Any Other Business m. Public Participation n. Adjournment 3. QUORUM Four (4) members of the Commission in office at the time shall be a quorum for the transaction of business. 4. PRESIDING OFFICER The presiding officer shall be responsible for enforcing the Rules of the City Commission, contained herein, as well as the Code of Conduct. The Mayor shall be the presiding officer of the Commission. In the absence of or disability of the Mayor, the Vice-Mayor shall be the presiding officer of the Commission. In the absence or disability of both, the Commission, may designate another of its members to serve as presiding officer during such absence or disability. C. CLOSED MEETINGS: 1. PURPOSE The City Commission may only meet in closed session for purposes defined in the Michigan Open meetings Act as follows: a) To consider the dismissal, suspension, or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member, or individual agent, when the named person requests a closed hearing. b) For strategy and negotiation sessions connected with the negotiation of a collective bargaining agreement or related issues when either negotiating party requests a closed hearing. c) To consider the purchase or lease of real property up to the time an option to purchase or lease that real property is obtained. This does not include the sale, lease or other conveyance of City property to others. d) To consult with its attorney regarding trial or settlement strategy in connection with specific pending litigation, but only when an open meeting would have a detrimental fmancial effect on the litigating or settlement position of the Commission. e) To review the specific contents of an application for employment or appointment to a public office when the candidate requests that the application remain confidential. All interviews by a public body for employment or appointment to a public office shall be held in an open meeting pursuant to this act. f) To consider material exempt from discussion or disclosure by state or federal statute. 2. CALLING CLOSED SESSIONS: A two-thirds roll call vote of the Commission members elected and serving shall be required, except under Sections (a) and (b) above. The roll call vote shall be taken at an open meeting. and the purpose for calling the closed session shall be entered into the minutes of the meeting at which the vote is taken. 3. MINUTES OF CLOSED MEETINGS A separate set of minutes shall be taken by the Clerk or the designated Secretary at the closed session. These minutes will be retained by the Clerk of the Commission, shall not be available to the public, and shall be disclosed if required by a civil action. These minutes shall be kept for a period of one year from the date of the closed meeting. 4. CONFIDENTIALITY OF CLOSED MEETING INFORMATION A City Commission member shall not divulge to an unauthorized person confidential information discussed in an executive session in advance of the time prescribed for its authorized release to the public by the City Commission. Commission members shall honor the confidentiality of the debate, discussion, and preliminary action taken in executive session, and be aware of the potential financial liability and/ or harm to the reputation of the City by premature disclosure. D. VOTING AND DISCUSSION: 1. ROLLCALL In all roll call votes, the names of the members of the Commission shall be called. A vote upon all ordinance enactments, rezoning issues, and liquor license requests shall be taken by a roll call vote and entered upon the records. 2. RESULTS OF VOTING In all cases where a vote is taken, the Chair or Clerk shall declare the result. 3. DUTY TO VOTE Whenever a question is put before the Chair, every member shall vote, provided however, that no member shall be required to vote if: a) That member shall have a conflict of interest and shall state his/her conflict of interest, or b) That member shall state that he/she has inadequate information upon which to base a reasonably informed vote and shall state the particulars of the information desired before a reasonable informed vote can be cast. (Absence from a prior meeting shall not constitute the basis of the lack of information referred to above) If a member is precluded from voting pursuant to a conflict of interest, that member shall refrain from participating in the discussion on the issue. 4. CONDUCT OF DISCUSSION The maker of the motion shall speak lrrst; the supporter of the motion shall speak second. During Commission discussion and debate, no member shall speak until recognized for the purpose by the Chair. After such recognition the member shall confine discussion to the question at hand. Personal comments about other individuals should be avoided. When addressing other members of the Commission they should be addressed by title and/or last name but not by lrrst name. No member should request to speak a second time on a motion as long as another is requesting recognition to speak for a first time. 5. COMMISSION MEMBER REQUESTS FOR POSTPONEMENTS Requests for postponements on agenda items from members of Commission requires approval by a majority of Commission present. 6. RULES OF PARLIAMENTARY PROCEDURE The rules of parliamentary practice as contained in Robert's Rules of Order, most recent edition, shall govern the Commission in all cases to which they are applicable, provided they are not in conflict with these Rules or with the Ordinances and Charter of the City of Muskegon. 7. RECONSIDERATION OF MOTIONS When a question has been decided, it shall be in order for any Commission member who voted on the prevailing side of the question to move the reconsideration at the same meeting or at the next regularly scheduled meeting, provided no action has been taken as a result of the previous vote. 8. GENERAL CONSENSUS General consent or consensus may be used to give direction and the minutes should indicate that a majority consented. E. CITIZEN PARTICIPATION: 1. GENERAL Each Commission meeting agenda shall provide for reserve time for audience participation, as requested. 2. REQUESTS TO SPEAK, LENGTH OF PRESENTATION- PUBLIC HEARINGS AND PUBLIC PARTICIPATION Members of the public at the meeting shall not speak unless recognized by the chair. Members of the public shall be limited to speaking for a maximum of three (3) minutes during any public hearing or public comment. A person representing a group and speaking on behalf of the group shall be allowed ten (10) minutes to address Commission. They must first submit a written request form with the City Clerk prior to start of the meeting at which they wish to speak. 3. PERSONS ADDRESSING THE COMMISSION Prior to addressing Commission, members of the public shall step up to the microphone/podium and state their name and address and, if appropriate, group affiliation. The Commission may in its discretion limit public comments to new information or matters not fully addressed at any previous meeting regarding the agenda item at issue. 4. DEVIATION Either in his/her discretion, or upon the request of a member of the Commission, the Mayor may recognize a member of the audience who shall be permitted to address the Commission at a time other than audience participation; however, all other rules as provided herein shall apply. 5. REQUESTS TO SPEAK DURING PUBLIC PARTICIPATION. a. Any person who wishes to speak on a subject not on the printed agenda may speak at this time. All rules of conduct still apply. b. Candidates or any person(s) working for a candidate shall not be allowed to use public participation time for campaigning. 6. DISORDERLY CONDUCT AT MEETINGS. Persons addressing the Commission shall make responsible comments and shall refrain from making personal, impertinent, slanderous or profane remarks. The Chairperson may call to order any person who is being disorderly by speaking when not recognized by the chair or otherwise disrupting the proceeding by failing to be germane, by speaking longer than the allotted time, or by speaking vulgarities. Such persons shall thereupon be seated until the Chair shall have determined whether the person is in order. If a person so engaged in presentation shall be called out of order, he or she shall not be permitted to speak at the same meeting, except upon special leave by the Commission. If the person shall continue to be disorderly and disrupt the meeting, the chair may order the Police Department to remove the person from the meeting. F. AGENDA: 1. PREPARATION The City Manager and City Clerk shall prepare an agenda for each regular or special meeting of the City Commission. The deadline for submitting items for Commission agenda is 4:00p.m. on the Tuesday preceding the Tuesday of the Commission meeting to the City Clerk. Agenda items from Commission members should be submitted in writing by this same time to the City Manager. Requested items will appear on a meeting agenda within three meetings after request is made. 2. DISTRIBUTION Agendas, ordinances and all related background material will be delivered to City Commission members at their requested location, the Thursday before the scheduled regular meeting, or at least 12 hours before a scheduled special meeting. 3. AGENDA MATERIAL Department Heads and all others shall submit written requests for inclusion on the agenda to the City Clerk with all necessary supporting data. Written presentations shall be submitted by 4:00 p.m. on the Tuesday preceding the Tuesday Commission meeting for circulation with agendas. Agenda requests could be delayed to a later meeting if related information is not received by the City Clerk in a timely manner. G. CONSENT AGENDA: 1. PURPOSE. A consent agenda will be used to allow the City Commission to act on numerous administtative or non-controversial items at one time. 2. AGENDA ITEMS. A consent agenda will be developed by the City Clerk and/or City Manager prior to the regular meeting Items that could be included on this agenda include non-controversial items such as approval of minutes, payment of bills, approval of recognition resolutions, pay raises, etc. Any member of the Commission may request that an item be removed from the consent agenda and placed on the regular agenda for discussion. H. RECORDING OF COMMISSION MEETINGS: 1. MEETINGS MAY BE RECORDED All regular or special meetings of the City Commission may be recorded through the use of audio/visual electronic devices. Such recordings will be under the control and supervision of the City Clerk. 2. RETENTION OF RECORDS Any recordings from Commission meetings may be retained by the City Clerk for a period of two (2) years from the date of the meeting. I. MISCELLANEOUS: 1. AMENDMENTS TO RULES The rules of the City Commission may be altered or amended by a majority vote of two-thirds of the entire Commission. 2. SUSPENSION OF RULES The rules of the City Commission may be suspended for good cause for a specified portion of a meeting by a two-thirds majority of the entire Commission. 3. CONTROLLING AUTHORITY These rules shall control, unless preempted by City Charter, State laws or the Court. 4. REVIEW OF CONSULTANTS City Commission shall make an annual internal evaluation of consultants at the time of review of the City budget to determine if the services being provided are satisfactory and if judged to be inappropriate, will move to proceed with establishing a more formal review process. 5. RESOLUTIONS OF RECOGNITION Requests for resolutions will be made and acted on at the Community Relations Committee meeting. All Commissioners will sign resolutions voted on and approved. As Mayor, the Mayor can sign any other resolutions. J. COMMITTEE ASSIGNMENTS 1. ASSIGNMENTS The Mayor may assign Commission members to any committee as is deemed necessary, with approval of the City Commission. 2. RESPONSIBILITIES Commission member's responsibilities as committee members will be generally limited to policy and not the administration of a department or appointed organization. K. CITY MANAGER EVALUATION PROCESS The City Manager will be evaluated by the members of the City Commission before July 1" each year. Forms and materials will be sent out by the City Clerk and all completed forms will be returned to the City Clerk for compiling. A report will be generated by the City Clerk with the results of the evaluations. A meeting with the City Manager and City Commissioners will be scheduled to review the evaluations. To: City Commission From: City Clerk Date: May 1, 2003 RE: City Manager Evaluation Attached you will find the information and paperwork for your process of evaluating the City Manager. Evaluation Form The form has both an area for rating by number and a spot for writing your comments. Form Ratings Displays the rating scale. Procedures Indicates the time frame for this process. The procedures indicate that you need to turn into me your completed forms by May 28, 2003. That would allow me time to compile the results and forward to you for your meeting with the city manager. If you have any questions, please call me at 724-6721. CITY MANAGER EVALUATION PROCEDURES May 1-15 Evaluation forms sent to City Commission by no later than May 15th. Also included will be a letter with instructions and deadline date for turning forms in. May 15-17 Reminder letter sent to commissioners with deadline date to turn in forms. May 20-24 Reminder letter of due date for forms sent to commissioners. May28 Evaluation forms are due to the City Clerk. ist week in June Results compiled by City Clerk. Copies of individual evaluation forms provided to City Manager. Copies of compiled results forwarded to City Commission and City Manager. City Worksession June 9, 2003 Manager's evaluation. Consideration of Manager's Wage & Benefit Package. City Commission Meeting June 10, 2003 Put on Agenda if necessary. Original evaluations and copy of compiled report filed in City Manager's office. City Manager Evaluation Form Ratings 1-2 Performance Unsatisfactory. 3-4 Needs Improvement. 5-6 Satisfactory Performance. 7-8 Good Performance. 9-10 Excellent Performance. CONFIDENTIAL CITY MANAGER PERFORMANCE EVALUATION City of Muskegon, Michigan Rate from 1-10 Date: _ _ _ _ _ _ _ __ (10 being excellent) Evaluator Circle Rating Responsibility or Characteristic GENERAL ADMINISTRATION 1 2 3 4 5 6 7 8 9 10 Manpower Development: Does he appoint and train effective Subordinates? Is he able to recruit and retain quality employees? 1 2 3 4 5 6 7 8 9 10 Leadership: Does he motivate others to maximum performance? Is he respected as demanding but fair? 1 2 3 4 5 6 7 8 9 10 Supervision: Does he adequately supervise and direct the activities of the Department Heads and staff? Is he able to control the operational activities of the City through others? Is he available to his employees for guidance and counseling? Does he effectively develop Department Heads and staff people? 12345678910 Job Organization: Does he delegate responsibility effectively? Does he use his time productively? Does he program activities in an orderly and systematic way? 1 2 3 4 5 6 7 8 9 10 Execution of Policy: Does he understand and comply with the overall policies, law and philosophy of the City? Do his efforts lead towards successful accomplishment of goals? Does he measure results against goal and take corrective action? 1 2 3 4 5 6 7 8 9 10 Planning: Does the Manager translate policies and objectives into specific and effective programs? Does the Manager independently recognize problems, develop relative facts, formulate alternate solutions and decide on appropriate recommendation? 1 2 3 4 5 6 7 8 9 10 Budget: Is the budget developed in a systematic and effective manner? Is the budget proposal for the Manager normally reasonable and appropriate? Does he carry out the budget satisfactorily and control expenses within the levels set in the budget? 2 1 2 3 4 5 6 7 8 9 10 Communication: Does he keep appropriate people informed? Doe he present his thoughts in an orderly and understanding manner? Is he able to be persuasive? 1 2 3 4 5 6 7 8 9 10 RePOrting: Does he submit accurate and complete staff reports on schedule? Do the reports adequately convey information on the operation of the City? 12345678910 Commission Communication: Does the Manager provide the Commission with adequate information to make decisions? 12345678910 Written Communication: How effective are the Manager's letters, memoranda and other forms of written information? 3 1 2 3 4 5 6 7 8 9 10 Resoonse to Commission: Does the Manager respond in a positive way to suggestions and guidance from the Commission? Is the Manager attuned to the Commission's attitudes, feelings and needs? 1 2 3 4 5 6 7 8 9 10 Productivity: can the Manager be depended on for sustained productive work? Does the Manager readily assume responsibility? Does the Manager meet time estimates within his control? 1 2 3 4 5 6 7 8 9 10 Stress Management: Is the Manager able to resolve problems under strain and unpleasant conditions? How well does the Manager tolerate conditions of uncertainty? Does the Manager respond well to stressful situations and adequately deal with the stress inherent to the position? GENERAL ADMINISTRATION COMMENTS: 4 EXTERNAL RELATIONSHIPS 1 2 3 4 5 6 7 8 9 10 Community Relations: Is the Manager skillful in his dealings with the news media? Does he properly avoid politics and partisanship? Does he show an honest interest in the community? Does he properly convey the policies and programs of the City? 12345678910 Community Reputation: What is the general attitude of the community to the Manager? Is he regarded as a man of high integrity and ability? Is his public credibility an asset or liability to the City? 12345678910 Professional Reputation: How does the Manager stand among his colleagues? Does he deal effectively with other public managers? Is he respected by professional and staff representatives of other cities and counties? 5 1 2 3 4 5 6 7 8 9 10 Intergovernmental Relations: Does the Manager work effectively with federal, state, and other local government representatives? Is his relationship with other local government officials beneficial to the City? Is he able to facilitate cooperative efforts among various local agencies and the City? EXTERNAL RELATIONSHIP COMMENTS: _________________________________ 6 PERSONAL CHARACTERISTICS 1 2 3 4 5 6 7 8 9 10 Imagination: Does he show originality in approaching problems? Does he create effective solutions? Is he able to visualize the implications of various alternatives? 1 2 3 4 56 7 8 9 10 Objectivity: Is he unemotional and unbiased? Does he take a rational and impersonal viewpoint based on facts and qualified opinions? Is he able to divide his personal feelings from those which would most effectively convey the City's interest? 12345678910 Drive: Is the Manager energetic and willing to spend the time necessary to do a good job? Does he have good initiative and is he a self-starter? Does he have good mental and physical stamina? 7 12345678910 Judgment and Decisiveness: Is he able to reach quality decisions in a timely fashion? Are his decisions generally good? Does he exercise good judgment in making decisions and in his general conduct? 12345678910 Attitude: Is he enthusiastic? Cooperative? Willing to adapt? Does he have an enthusiastic attitude toward the City, both professionally and personally? 12345678910 Self Assurance: Is the Manager self assured of his abilities? Is he able to be honest with himself and take constructive criticism? Does he take responsibility for mistakes which are his? Is he confident enough to make decisions and take actions as may be required without undue supervision from the Commission? PERSONAL CHARACTERISTICS COMMENTS: ______________________________ 8 OVERALL GENERAL COMMENTS 9 CITY OF MUSKEGON GUIDELINES OF CONDUCT A. PUBLIC RELATIONS 1. Members of Commission should refrain from argument with a member of the public or staff at Commission meetings since these arguments seldom resolve concerns and many times inflame feelings at a public meeting. Any concerns by a member of Commission over the behavior or work of a City employee during a Commission meeting should be directed to the City Manager to ensure the concern is addressed. B. CITY COMMISSION RELATIONS WITH CITY STAFF 1. There shall be mutual respect from both Staff and Commission members of their respective roles and responsibilities when and if expressing criticism in public session. 2. Requests for information or questions by the City Commission shall be directed to the City Manager or the appropriate Department Head. All non- routine requests should be submitted to the City Manager's office. All complaints shall be submitted to the City Manager. 3. All written informational material requested by individual Commission members shall be submitted to the City Manager who will transmit them to all Commission members with the notation indicating which Commission member requested the information. 4. Commission shall not attempt to correct or influence Staff in the selection of employees, recommendations for the awarding of contracts, the selection of consultants, the processing of development applications or the granting of City licenses or permits. 5. Incoming mail clearly marked as personal shall not be opened when addressed to individual Commission members or staff unless requested. All other mail addressed to City offices for the Mayor or City Commission Members shall be opened by appropriate staff. The City Manager's office will advise City Commission members if they have received mail which must be acknowledged, in order that Commission may timely respond. 6. A Commission member shall not direct Staff to initiate any action or prepare any report that is significant in nature or initiate any project or study without the approval of a majority of the City Commission. All such requests will be first directed to the City Manager. c. CITY COMMISSION RELATIONSHIP WITH APPOINTED CITY COMMISSIONS AND COMMITTEES. AND COMMISSION MEMBER REPRESENTATION TO OTHER AGENCIES AND GROUPS. 1. Members of the City Commission should not attempt to influence recommendations by City Commission appointed comnuss1ons or committees, or to influence or lobby individual appointed commission or committee members on any item under their consideration. It is important for appointed commissions and committees to be able to make objective recommendations to the City Commission on items before them. Members of City Commission that attempt to influence appointed commission positions on an item may prejudice or hinder their role in reviewing the appointed commission's or committee's recommendation as a member of the City Commission. 2. Individual City Commission members who are not members of an appointed commission or committee have the right to attend meetings but are cautioned about becoming involved in the meeting's discussion, except as a member of the public. City Commission members, however, may answer questions put to them or respond to information being provided. City Commissioners should not act so as to influence an appointed commission or committee by virtue of their holding the office of City Commissioner. 3. If a member of the City Commission represents the City before another governmental agency or organization, the City Commission member should first indicate the majority position as an opinion of the City Commission. Personal opinions and comments may be expressed only if the City Commission member clarifies that these statements do not represent the position of the City Commi~sion. 4. Before any commission er accepts an appointm ent to any out of state board which m ay itwol\'c out of state lraYel, he or she must first brin g it before th e entire Commission for consid eration. Moved by Commissioner Shepherd, seconded by Commissioner Aslakson, to adopt the City Commission Rules and Procedures for the City of Muskegon. Adopted the 251h day of May, 1999. City Commission #99-45d Amended 8-14-01 (Manager Eval.) Amended 8-13-02 (Section E, # 5) Adopted with amendments 9-10-02 Am ended Feb ruary 8, 2005 even . amungton Mayor ~ G, Gail A. Kundinger , MMC City Clerk Date: 02/08/05 To: Honorable Mayor and City Commission From: DPW RE: Budget Vehicle Replacement SUMMARY OF REQUEST: Approval to purchase Two Dodge 1500 4X4 Quad Cabs using the State of Michigan Purchasing Contract. FINANCIAL IMPACT: Total Cost $42,361.56 BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve purchase. Famill( Auto Lakeshore Dodge Michigan State Contract Tl(l!e of Vehicle 3146 Hen!)l 4235 Fruitvale 6131 Pennsl(lvania I Muskegon Mich 4944 Montague Mich 49437 Lansing Mich 48911 Two Dodge 1500 Quad Cab 4X4 truck $55,000.00 $51,990.00 ~42,361.56 Chevrolet $45,614.00 GMC $46,324.00 Ford $46,618.00 Nissan $55,970.00 . i ' I i Date: 02/08/05 To: Honorable Mayor and City Commission From: DPW RE: Budgeted Vehicle Purchases SUMMARY OF REQUEST: Approval to purchase two Chevrolet Colorado trucks using statewide purchasing. FINANCIAL IMPACT: Total Cost $29,752.28 BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve purchase. Memorandmn To: Honorable Mayor and City Commissioners From:DPW Date: 02/08/05 Re: Budgeted vehicle replacement The Equipment Division had scheduled the replacement of two of our 1997 pick up trucks in 2004, but due to budget constraints we decided to extend their service life for an additional year. These trucks are used on a daily basis to check on job sites, inspect previous and future work, and carry various equipment needed for on call and after hours emergencies. I have requested prices from area dealers as well as the statewide purchasing contracts. Attached is a summary of bids. In accordance with established purchasing policy, I am requesting permission to purchase two Chevrolet Colorado pickup trucks using statewide purchasing. 1 Equipment Purchase - 2005 • Macomb Countv Meyer's Chevrolet Freedom Chevrolet Tony Betten 40445 Van Dyke i 4748 First 7052 West 48th 2474 Henrv TyQe of Vehicle Sterling Heights Mi New Era Mi. Fremont ,Michigan ' Muskegon Mi I I i 2Chevrolet Colorado~ $29,752.28 $32,336.76 $36,120.00 $31,960.00 ! Date: 02/08/05 To: Honorable Mayor and City Commission From: DPW RE: Budgeted Vehicle Replacement SUMMARY OF REQUEST: Approval to purchase three Ford F-250 Trucks from Tony Betten & Sons Ford. FINANCIAL IMPACT: Total Cost $48,000.00 BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve the purchase of three Ford F-250 Trucks from Tony Betten & Sons Ford. Memorandtnn To: Honorable Mayor and City Commission From: DPW Date: 2/1/2005 Re: Work Truck Replacement The Equipment Division has scheduled the replacement of three Water and Sewer Department trucks for this year. These vehicles are used for a variety of activities including water meter setting, Miss Dig staking and general construction work. The trucks that will be coming out of service as a result of this purchase are three 1997 GMC trucks. I have requested prices from area dealers as well as the statewide purchasing contracts. The bids were very close with only a few hundred dollars separating the three lowest bidders. Attached is a summary of the bids. In accordance with established purchasing policy, I am requesting permission to purchase three 2005 Ford F-250 trucks from Tony Betten & Sons Ford. 1 Equipment Purchase - 2005 Macomb Count)[ Great Lakes Ford Fremont Ford Ton)l Betten 3942 W. Lansing 2469 E. A~~le Ave 7148 w 48th 3839 Plainfield NE T)l~e of Vehicle Per!:)[ Mi 48872 Muskegon Mi 49442 Fremont ,Michigan Grand Ra~ids Mi 49525 3 2005 Ford F-250 $49,893.00 $50,040.00 $48,504.27 $48,000.00 I L_ I . I Date: 02/08/05 To: Honorable Mayor and City Commission From: DPW RE: Budgeted Vehicle Replacement SUMMARY OF REQUEST: Approval to purchase three F-450 cab and chassis from Tony Betten and Sons and fabrication using Monroe equipment. FINANCIAL IMPACT: Total Cost $74,905.98 BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve the purchase of three F-450 cab and chassis from Tony Betten and Sons and fabrication using Monroe equipment. Memorandum To: Honorable Mayor and City Commissioners From: DPW Date: 02/08/05 Re: Dump Truck Replacement The Equipment Division has scheduled the replacement of three small dump trucks for 2004. These vehicles (smaller than plow trucks) are used for a variety of activities including plowing alleys, construction projects, and leaf pick up. These smaller vehicles do not require a CDL for operation and therefore can be used by our seasonal employees. I have requested prices from area dealers as well as the statewide purchasing contracts for the cab and chassis and fabrication equipment. (See attachment) In accordance with established purchasing policy, I am requesting permission to purchase Three 2005 Ford F-450 cab and chassis from Tony Betten & Sons and the fabrication using Monroe equipment. 1 Small Dump Truck Purchase Macomb Countv Great Lakes Ford Government Sales Tony: Betten Kent Citv Ford 3942 W. Lansing 2469 E. A11111e Ave Garno Ford 3839 Plainfield NE 29 N. Main ' Ty:11e of Vehicle Perry: Mi 48872 Muskegon Mi 49442 Woodhaven Mi Grand Ra11ids Mi 49525i Kent Citll Mi 49330 i 3 Ford F-450 $64,842.00 $63,722.70 $67,809.00 $57,781.98 $62,640.00 • Cab and chassis • Dump Body and hoist • for three trucks using State bid pricing Monroe $17,124.00 $17,124.00 $17,124.00 $17,124.00 $17,124.00 Knapheid $18,555.00 Canfield $18,843.00 Bostic $22,443.00 I i ' Total for three ' $81,966.00 $80,846.70 $84,933.00 $74,905.98 $79,764.00 I Date: 02/08/05 To: Honorable Mayor and City Commission From: DPW RE: Plow Truck Purchase SUMMARY OF REQUEST: Approval to purchase 2 cab and chassis from Woodland International. Underbody plows and boxes will be purchased separately. FINANCIAL IMPACT: Total Cost $104,062.24 BUDGET ACTION REQUIRED: None. $150,000 was budgeted for the total purchase. STAFF RECOMMENDATION: Approve purchase of budgeted replacement plow trucks from Woodland International. I ---------~ 2 Plow Truck Cab & Chassis --- Bid Model ----- ---~-- Woodland International $ 104,062.24 International 7400SFA ~-==-·-· ... - 27 4 W. Sherman t-:c· .... - Muskegon, Ml49444 ·--- Duthler Truck Center ... $ 112,076.00 Sterling L7500 - As25 ClaySW r=-··· .. ·- - Grand Rapids 1-- .. Ml - 49548 -- Freightliner $ 109,564.00 M2-106MD 5285 Clay Ave Cc-c -- . ---- Wyoming,.. Mi 49548 f-- . 1-- r-- ----- r-- STATE OF MICHIGAN MICHIGAN DEPARTMENT OF STATE AND City of Muskegon Help America Vote Act (HA VA) Grant Application 355 Optical Scan Voting Tabulators & Election Management Systems (EMSs) RE: Master Contracts 071B4200233 (Diebold Election Systems, Inc.); 071B4200234 (Election Systems and Software, Inc.); 071B4200254 (Sequoia Voting Systems, Inc.) This Grant Application is the mechanism by which Counties, Cities, and Townships apply to the State of Michigan to receive (ederal HAVA funds to purchase optical scan voting svstems (tabulators) and EMS, pursuant to HAVA. Definitions: "Local Unit of Government" means any city or township within the State of Michigan. "County" means any county within the State of Michigan. "Applicant" and "Grant Applicant" mean local unit of government or county. "Department" means the Michigan Department of State. "Deliverables" means all tangible, physical products delivered or to be delivered to the Grant Applicant under the contract between the vendor and the Grant Applicant. 1. Period of Application The Grant Application process applies to uniform optical scan voting system purchases occurring between February 1, 2005 and January 1, 2006. 2. Program, Budget and Application This Grant Application is to implement the federal Help America Vote Act of 2002 (HA VA), Michigan election law and Public Act 91 of 2002, by establishing a grant 355 Detailed information on this Federal program and uses of funding can be found in the Catalog of Federal Domestic Assistance (CFDA) 39.011- Election Refmm Payments (www.cfda.gov; search for program number 39.011) program to use HA VA funds to acquire and implement a unifonn optical scan voting system throughout the state. Each County, with the involvement of the local units of government within the County, will develop a countywide implementation plan to update its voting system by selecting one Contractor for the entire County. The Department will detetmine quantities of required equipment, per jurisdiction, based on infonnation provided by the Grant Applicant. The information will be incorporated into this Grant Application. Once the county implementation plan and Grant Application are signed and approved, the Department will verify the number of voting systems authorized for purchase using HA VA funds. If changes are required, instructions for amending the Grant Application will be provided and the Grant Applicant will be required to resubmit the application. This grant program only deals with the acquisition and implementation of the uniform optical scan yoting system selected by each County; as well as Election Management Systems (EMSs), software systems used to define and design ballots, program tabulators, and accumulate votes. The Michigan Department of Management and Budget has entered into a Master Contract with each approved vendor, which has established statewide prices for voting equipment and EMS. Each County will communicate the county's agreed-upon vendor selection to the Department. All contractors will be required to enter into a contractual "purchase agreement" with each local jurisdiction and county that selects that vendor for their choice. Typically, this document is the purchase agreement provided by the vendor. The terms and conditions of this agreement shall not contradict the Master Contract. The tenns of the Master Contract will supercede any conflicting tenns in the purchase agreement. Each vendor will enter into a software license agreement with the counties and any local jurisdictions that receive EMS. The license agreement shall not contradict any terms contained in the Master Contract. The terms of the Master Contract supercede any conflicting terms in the license agreement. Once equipment and EMS have been delivered, tested, and accepted by each Grant Applicant in the County according to the County Plan, the Department, through the Michigan Department of Management and Budget, will release the HAVA funds to the Contractor. 3. General The individual submitting the Grant Application must have the proper authority to do so. Proof of authmity must be submitted with the Grant Application. Examples of authority include but are not limited to, a resolution from the Board of County Commissioners, City Council or Township Board authorizing purchase and contracting authority. 2 4. Performance Each Applicant will fill out the Grant Application and forward it to the Department at the address indicated in the instructions provided. The DepaJiment will review and, once approved, will provide the Applicant with a copy of this fully-executed Grant Application, which will serve as Notice of the Grant A ward. The Department will initiate equipment orders directly with the Contractor, and will provide the Applicant with the Acceptance Certificate & Payment Authorization Form, which must be submitted by the Applicant to the Department within 10 days of equipment delivery. This form indicates acceptance of equipment and payment authorization. The Applicant is responsible for overseeing its contractual agreement with the Contractor and is responsible for ensuring Contractor performance. Any subsequent malfunction or perfonnance issue with voting equipment and EMS must be addressed by the Applicant. The Grant Applicant is responsible for maintaining any and all Contractor perfom1ance records. The Applicant has the sole responsibility to verifY Contractor compliance with delivery dates, tenns and conditions of delivery, a11d equipment verification and testing in accordance with the statewide Master Contract for the Applicant's selected vendor. The Grant Applicant will be responsible for maintenance, repairs, or additional costs incurred that are not covered by warranty provisions in the Master Contract. 5. Testing, Acceptance and Payment I . Successful acceptance testing of the optical scan tabulators and EMS software should be completed within I 0 calendar days from the date of delivery. 2. Upon completion of all accepta11ce testing, the Applicant must fill out the Acceptance Certificate & Payment Authorization Form and forward the completed form to the Department. 3. This fonn will indicate date of delivery, successful testing, and authorization to the Department to release funds to the Contractor. 4. Payment to the Contractor shall be made in accordance with the Master Contract with the Applicant's selected vendor. 6. Ownership of Equipment and Software Purchases: Title Any equipment and EMS software purchased pursuant to this Grant Application is the property of the Applicant submitting the Grant Application. 7. Optional Purchases If the Grant Applicant desires to purchase additional items beyond those authorized in this Gra11t Application, it may do so at its sole expense, outside of this Grant Application. No HA VA funds will be available for such purchases. Prices established via the Master Contract will be extended to counties and local units of government by the vendors for these purposes. 8. Records Maintenance/Retention 3 The Grant Applicant will maintain a complete set of records and files related to the ordering of voting equipment, EMS, delivery, testing, maintenance and repairs. The Applicant shall assure all the tetms of this Grant Application are adhered to and that records and detailed documentation regarding this grant shall be maintained for a period of not less than six (6) years from the date oftennination, the date of submission of the final expenditure report or until any litigation and audit findings have been resolved. 9. Authorized Access The Grant Applicant will permit, upon reasonable notification and at reasonable times, access to all records regarding this Grant Agreement by representatives duly authorized by State or federal law. 10. Mandatory Conditions A. Statutory or Regulatory Requirements The Master Contract for the Applicant's selected Contractor must be incorporated and made a part of the ensuing contract between the Applicant and the Contractor, as a condition for grant approval. The Applicant will comply with applicable federal and state laws, guidelines, mles and regulations in carrying out the terms of this Grant Application. Laws This is a State of Michigan Grant Application and is governed by the laws of the State of Michigan. Any dispute arising as a result of this application shall be resolved in the State of Michigan. Validity This Grant Application is valid upon approval by the State Administrative Board and approval and execution by the Department. Funding This Grant Application is subject to and contingent upon the availability and appropriation of federal funds and any necessary State appropriation. Costs The State will not assume any responsibility or liability for costs incurred in relation to this grant. Cancellation The Department may cancel the Grant Application upon failure to comply with the terms of this grant. Entire Agreement The Grant Application shall represent the entire agreement between the State and Grant Applicant and supercedes any prior oral or written agreements, and all other representations between the parties relating to this subject. The State reserves the right to require Counties and local units of government to attend required training sessions with regard to new equipment purchases made under HA VA. 4 Adherence to Terms The failure of a party to insist upon strict adherence to any tenn of this Grant Application shall not be considered a waiver or deprive the party of the right thereafter to insist upon strict adherence to that term, or any other te1m of the Grant Application. B. Other Additional terms and conditions may be negotiated in the contract between the Grant Applicant and the Contractor as long as they do not conflict with the required tenns and conditions of this Grant Application and Master Contracts with the Applicant's selected vendor. 11. Administration of Agreement The Grant Manager on behalf of the Department for this Grant Application and the final Grant Agreement will be: Timothy Hanson, Director Elections Liaison Division Bureau of Elections PO Box 20126 Lansing, MI 48901-0726 HansonT@Michigan.gov All questions, comments and correspondence regarding this grant process, the grant application and the final Grant Agreement must be submitted in writing to the Grant Manager. 12. Complete Application In order to complete this Grant Application, it must be filled out in its entirety by completing all indicated fields below. It must be signed by the individual authorized by the county or local unit of goverrunent to enter into this agreement, and the Authmity or Resolution authorizing purchase and contracting authority must be attached as described in section 3 above. 5 13. Voting Systems Authorization Note: Grant Applicant to fill in all fields indicated (*) below: This Grant Agreement is between the Michigan Department of State and: City of Muskegon, Muskegon County *Grant Manager for County, City, or Township (point of contact for the State): --'G"'a>..JL·l...___,A,.___K"'"nunudJ.iJJncygl!=eLJ.r:___ _ _ _ _ _ _ _ (printed name) *Business Address: 933 Terrace, Muskegon, MI 49440 *Business Telephone: (231 )724-6705 *Fax Number: (231 )724-4178 *e-mail address: gai 1. kundinger@postman. org Authorized Voting Equipment Totals: Number of Precinct Tabulators Authorized for Purchase: 13 Number of Absentee Voter Counting Board Tabulators Authorized for Purchase: .:! EMS Software Authorized for Purchase: Yes 6 14. Special Certification/Signature The following signatory certifies that the person signing is authorized to sign this application, certify, review, and agree to the above Grant Application conditions and has personally examined and is familiar with the infonnation submitted herein, and believe this request is true, accurate and complete. Furthennore, the signatory represents and agrees to the terms and conditions in this Grant Application and the requirements of the Help America Vote Act, under which this grant has been submitted. For the LOCAL UNIT OF GOVERNMENT or COUNTY: Gail A. Kundinger, City Clerk Name (print) Title (print) Date For the STATE OF MICHIGAN, DEPARTMENT OF STATE: Joseph P. Pavona, Administrative Officer Signature Date 7 Date: February 8, 2005 To: Honorable Mayor and City Commissioners From: City Clerk, Gail Kundinger RE: Grant Agreement with the State of Michigan SUMMARY OF REQUEST: To enter into a Grant Agreement with the State of Michigan for voting equipment and related software and to appoint Gail Kundinger, City Clerk, as the grant manager. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the request STATE O F MIC HIG AN T ERRI LYNN LAND, S ECRETARY OF STATE DEPARTMENT OF STATE L ANSING Grant Application Cc : /1Jco1yf r Instructions f} ttol'n er February 2, 2005 To Cities and Townships Participating in the Upcoming Phase of Voting System Purchases: As you are aware, the State of Michigan is in the process of implementing a statewide, uniform optical scan voting system to comply with Public Act 91 of2002. The funds Michigan has received under the Help America Vote Act of 2002 (HAVA) will be used to pay for voting equipment and related Election Management System (EMS) software. Your County Clerk recently reported that your jurisdiction would be participating in the first purchase period of 2005. We expect to begin processing equipment orders later this month. Before these orders can be placed, jurisdictions must enter into a Grant Agreement with the State of Michigan. This grant establishes the roles and responsibilities of the state, counties, and local jurisdictions and must be signed by every local govenunental unit that wishes to purchase new equipment. In addition, each jurisdiction must identify a Grant Manager who will serve as its single point of contact with the Department of State. This person can be the person authorized to sign the grant, or another person who will be responsible for record-keeping and other responsibilities with respect to the purchase of your new voting system. The Department of State has also identified its own Grant Manager for you to work with. The Grant Application lists the number of precinct count tabulators each jurisdiction will receive. Each jurisdiction will receive one precinct count tabulator for each precinct. This number is based on the precinct totals recently submitted to us by your County Clerk. If you believe that the figure for your jurisdiction is incorrect, please contact this office at once. The Grant Application also lists the number of additional tabulators (if any) each jurisdiction will receive for use with Absentee Voter Counting Boards (AVCBs). This number is also based on the number of precincts, number of registered voters, and other factors. We have also contacted several cities and townships directly to determine their AVCB needs. We do not believe additional AVCB tabulators are needed for jurisdictions with one or two precincts. If you believe that the number of AVCB tabulators we have listed is inadequate for your city or township because you have an unusually large number of absentee voters, please contact this office at once. To ensure the process for placing equipment orders moves as smoothly as possible, your prompt cooperation and assistance are required. Attached is the Grant Application for your city or township. No changes may be made to the text of the Grant Application. No changes may be made to the number of approved new tabulators without prior approval from the State. BU R EAU OF E L ECT ION S TREAS URY BU ILD IN G • 1S T F LOOR • 430 W . A LL EGAN • LAN SIN G, MI CHI G AN 4 8918 w w w . Mic hi ga n .govfso s • ( 5 17 ) 373- 2540 Special Addendum for Larger Cities and Townships Concerning Election Management System Software Election Ml!llagement System (EMS) software is a multi-featured product that defines and designs ballots, programs tabulators for each election and accumulates votes. The State will purchase this software for each county clerk and for the larger cities and townships. Jurisdictions with 20 or more precincts will receive full copies of EMS software. Jurisdictions with 10-19 precincts will receive the vote accumulation porti<m of EMS software. It is important to note that no jurisdiction will be required to use the EMS software for the purposes described above. All voting system vendors will provide these services for a fee. Some vendors will provide programming at no charge for the first few elections for which you use their equipment. However, the State is providing you with this tool in case you wish to perform these tasks yourself. Check with your selected vendor or the Department of State website (www.michigan.gov/hava, under "County Equipment Purchase I Comparative Data on Certified Vendors") for detailed information on these costs. Contacts for each vendor are listed below: Michigan Voting System Vendor Contacts: WilliaJm R. Barrett Will Wesley (630) 437-5510 (954) 770-9638 Miller Consultations and ~~~fu!~~~-----_J wgwesley@essvote.com Elections, Inc. Larry Calvert (888) 742-8037 or (630) 852-7147 (616) 443-4504 Diebold Systems Inc. Election Systems & Software, Inc. 1611 Wilmeth Rd. 11208 John Galt Blvd. TX NE68137 Please review this document, sign it, and return it to the Department of State's Bureau of Elections by Friday, February 18, 2005 at: Michigan Department of State Bureau of Elections P.O. Box 20126 Lansing, MI 48901-0726 Please send your completed application to the attention of Sherry Barrett. To save time, you may fax the completed Grant Application to the Bureau of Elections at 517-241-1591. You must follow up the fax by mailing the original signed document. IMPORTANT NOTE: Section 3 of the agreement requires the submission of Proof ofAuthority from your local city or township board. This step formally documents your authority for entering into this agreement with the State. Sample language that can be used for this purpose is attached for your use. Grant Applications returned without this proof of authority will uot be accepted. Note: if you have already submitted your proof of authority, there is no ueed to re-submit this document. If your Grant Application and Proof of Authority are not returned to the Bureau of Elections by February 18, 2005, purchase of your new voting system may be delayed; in addition, orders for your entire county may also be affected. Once grant applications are received for all jurisdictions in your county, we will process equipment orders. Orders will be sent directly to your selected vendor. You will be notified once your order is placed, at which time you will also receive details of upcoming steps involving delivery, training, testing, and payment authorization. Questions regarding the completion and submission of the Grant Application or anything else regarding the upcoming purchase process should be directed to Sherry Barrett at 517-241-2538 between 8 a.m. and 3:30p.m. weekdays or by e-mail at BarrettSl@Michigan.gov. Questions regarding the terms of this Grant Application must be submitted in writing to Tim Hanson, the Department of State's Grant Manager, at HansonT@Michigan.gov or the address listed above. We appreciate your assistance as we move forward with this exciting project. (NOTE: The following language is offered as a sample for use by counties, cities, and townships in obtaining the necessary Proof ofAutlwrity for entering into upcoming Grant Agreements with the State, which are required to obtain new voting systems. This sample is written from the standpoint of a Township Board. This language can be altered slightly for use with city councils or county boards/commissions as well.) Sample Township Board Resolution WHEREAS, the Township board wishes to apply to the Secretary of State for a grant to purchase an optical scan voting system and related Election Management System (EMS) software to comply with the Help America Vote Act (HAVA). WHEREAS, the Township board has chosen to submit a grant application for a new optical scan voting system in 2005. NOW, THEREFORE, BE IT RESOLVED that the.,.--,-------- Township clerk is authorized to submit this grant application on behalf of Township, _ _ _ _ _ _ County on this day of _ _ _ _ _ _ _ _, 2005. The foregoing resolution offered by Board M e m b e r - - - - - - - - - - - Second offered by Board M e m b e r - - - - - - - - - - - - - - - Upon roll call vote the following voted "aye"_ _--::::-----:---:----:--::---::. (list names of members voting "aye") "nay"----::-:-----=----=----:---:--:. (list names of members voting "nay'') The Supervisor declared the resolution adopted. (Name) Township Clerk: (Name) CITY OF MUSKEGON Resolution No. 2005-ll(k) WHEREAS, the Muskegon City Commission wishes to apply to the Secretary of State for a grant to purchase optical scan voting systems and related Election Management System (EMS) software to comply with the Help America Vote Act (HAVA). WHEREAS, the Muskegon City Commission has chosen to submit a grant application for the new optical scan voting systems in 2005. NOW, THEREFORE, BE IT RESOLVED that the City of Muskegon Clerk is authorized to submit this grant application on behalf of the City of Muskegon, Muskegon County on this 8111 day of February, 2005. The foregoing resolution offered by Commissioner Gawron, second offered by Commissioner Shepherd. Adopted this 8111 day ofFebrumy, 2005. Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and Gawron Nays: None CERTIFICATION This resolution was adopted at a regular meeting of the City Commission, held on February 8, 2005. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON By ~*Kqing~g AGENDA ITEM N O . - - - - - - - CITY COMMISSION MEETING - - - - - - - - - - TO: Honorable Mayor and City Commissioners FROM: Bryon L Mazade, City Manager February 8, 2005 Amendment to Special Event Policy SUMMARY OF REQUEST: To amend the city's Special Event Policy to provide that only the permit application fee is waived for Veterans' Groups and Neighborhood Associations. Other special events service requests will not be waived. FINANCIAL IMPACT: Unknown potential savings to the city. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the proposed amendment. COMMITTEE RECOMMENDATION: The City Commission received this request at their work session on 2/7/05. pmb (2005 Special Events Policy Amendment Agenda Cover Sheet) 2005-12(j) Proposed Amendment to the City of Muskegon Special Event Policy Special Events current language Note: The City Commission has determined that the Vets groups and the Neighborhood Associations do not pay for the Special Event Services.) Special Events proposed revised language Note: The City Commission has determined that the special event permit application fee will be waived for Vets groups and the Neighborhood Associations. However, requests from either group for special events services that result in overtime costs or undue burden to the city will not be waived. Action Date: February 8, 2005. ~D-~r Gail A. Kundinger, MMC City Clerk Date: Februmy 8, 2005 To: Honorable Mayor and City Commissioners From: Engineering RE: Public Hem·ing Create Special Assessment Distdct for: Clay Ave., Ten·ace to Spring SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment for the Clay Ave., Terrace to Spring, 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: CITY OF MUSKEGON Resolution No. 2005-13(a) Resolution At First Hearing Creating Special Assessment District For Clay Ave., Terrace to Spring Location and Description of Properties to be Assessed: See Exhibit A attached to this resolution RECITALS: 1. A hearing has been held on February 8, 2005 at 5:30 o'clock p.m. at the City Commission Chambers. Notice was given by mail and publication as required by law. 2. That estimates of costs of the project, a feasibility report and valuation and benefit information are on file with the City and have been reviewed for this hearing. 3. At the hearing held February 8, 2005, there were 20.99% objections by the owners of the property in the district registered at the hearing either in writing received before or at the hearing or by owners or agents present at the hearing, and the Commission has considered the advisability of proceeding with the project. FINDINGS: 1. The City Commission has examined the estimates of cost to construct the project including all assessable expenses and determines them to be reasonable. 2. The City Commission has considered the value of the property to be assessed and the value of the benefit to be received by each property proposed to be assessed in the district after the improvements have been made. The City Commission determines that the assessments of costs of the City project will enhance the value of the properties to be assessed in an amount at least equivalent to the assessment and that the improvement thereby constitutes a benefit to the property. THEREFORE, BE IT RESOLVED: 1. The City Commission hereby declares a special assessment district to include the property set forth in Exhibit A attached to this resolution. 2. The City Commission determines to proceed with the improvements as set forth in the feasibility study and estimates of costs, and directs the City Engineer to proceed with project design, preparation of specifications and the bidding process. If appropriate and if bonds are to be sold for the purposes of financing the improvements, the Finance Department shall prepare plans for financing including submission of application to the Michigan Department of Treasury and the beginning of bond proceedings. 3. The City Commission hereby appoints a Board of Assessors consisting of City Commissioners Shepherd and Larson and the City Assessor who are hereby directed to prepare an assessment roll. Assessments shall be made upon front foot basis. 4. Based on the City's Special Assessment policy and preliminary estimates it is expected that approximately 21.07% of the cost of the street improvement will be paid by special assessments. 5. Upon submission of the special assessment roll, the City staff is hereby directed to notify all owners and persons interested in properties to be assessed of the hearing at which the City Commission will consider confirmation of the special assessment roll. This resolution adopted. Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd Nays: None CITY OF MUSKEGON By-- - '~ - - -=- -= "- =- - 0-~._ _~ Gail A. Kundinger, Clerk :._:_- =-.c . .: .~ !~db'--- ACKNOWLEDGMENT This resolution was adopted at a meeting of the City Commission, held on February 8, 2005. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON By G~~9~, ~~~ EXHIBIT A CLAY AVE., TERRACE TO SPRING SPECIAL ASSESSMENT DISTRICT All properties abutting that section of Clay Ave. between Terrace & Spring SPECIAL ASSESSMENT DISTRICT FOR CLAY AVE. EXHIBIT "A" t NO SCALE BLAKE A liE (VAG) AFFIDAVIT OF MAILING STATE OF MICHIGAN ) ) ss COUNTY OF MUSKEGON ) TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING: Clay Avc. Terrace. to Spring St. THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED STATES MAIL, WITH POSTAG E PREPAID, ADDRESSED TO EACH SUCH OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST TAX ASSESSMENT RECORDS BY DEPOSITI NG THEM IN AN OFFICIAL UNITED STATES MAIL RECEPTACLE ON THE 28TH D OF JA ARY 2005. SUBSCRIBED AN D SWORN TO BEFORE ME THIS j._JfA DAY OF fi;,/; /tt q;;_y , 2005. a:m~ &), ttk NOTARY PUBLiC, MUSKEGON COUNTY, MICHIGAN MY COMMISSION EXPIRES 7 -~s-~t) 6 ENGINEERING FEASIBILITY STUDY For Clay Ave., TeJTace to Spring The reconstruction of Clay between Terrace & Spring, see attached exhibit for location, was initiated by the City as shown in the 2005 CIP budget. The existing drainage & pavement conditions are terrible, especially in light of the extensive improvements to Shoreline Dr., Western Ave as well as the proposed Mall area redevelopment. Completing Clay would a significant improvement to that whole area. As best as we can tell, this section of road has not received any major work since it was originally constructed which I believe was back in the 40s. The proposed improvements (reconstruction) consist of following; I. Complete removal of existing pavement and replace with a new asphalt street section that would include curb & gutter and a proposed width of 42' back to back to allow for on-street parallel parking. 2. New sanitary sewer line between Pine* Spring 3. New 12'' Water Main the entire length of the project 4. Water & Sanitary Services replacement where necessary A memo from the Assessor's office, which addresses the appraisal and benefit information, is attached. The preliminary cost estimate for the work associated with paving is $175,000 with the length of the project being approximately 950 lineal teet (project length) or 1152'ofassessable footage. This translates into an estimated improvement cost of $152 per assessable foot. The assessment figure will be at a cost not to exceed $32.00 per assessable foot as established in the 2005 Special Assessment Rates for this type of improvement MUSKEGON COUNTY M c H G A N BOAHDOF GOMMISSIONEHS Paul T. Baade, Chair District 10 Bill Gill, Vice-Chair District 8 January 26, 2005 Douglas A Gennett Mohammed Al-Shatel, City Engineer District l City of Muskegon 93 3 Terrace Street Charles L. Buzzell District2 Muskegon, MI 49443 James J. Derezinski Mr. Al-Shatel: District 4 In accordance with your request, I have examined the proposed special assessment Marvin Fl Englf? district entailing the reconstruction of Clay Avenue between Terrace Street and Spring District 5 Street. The purpose of this analysis is to document the reasonableness of this special assessment district by identifying and quantifying any accrued benefits. It is subject to Louis A McMurray District 9 the normal governmental restrictions of escheat, taxation, police power and eminent domain. The effective date is January 26, 2005. ~1obert Scolnik District 11 In conclusion, it is my opinion that the special assessment amounts justly and reasonably represents the accrued benefits to the properties encompassed by this I. John Snider II District 3 project. The amounts reflect the sum of the immediate estimated value enhancement and the intrinsic value that will accrue from an overall increase in property values due Nancy A. Woters to an improved quality of life created by the proposed project. The proposed special District 6 assessment district encompasses primarily commercial properties. The front foot rate Stephen Fl Wisniewski of$32.00 for the reconstruction of the above mentioned project area appears Drslrict I reasonable in light of an analysis that indicates a possible enhancement of$33.50. The conclusions are based upon the data presented within this limited analysis in restricted format, and on supporting information in my files. Sincerely, J~Q-4 Vicki A Emery, CMAE 3 Senior Appraiser EOUJ\!..lZi\TIOi\1 DEi\L\fi'fMENT , "11'3 1:. 1\l'F'LE AVE., BUIUJING C , lviU::;t<EGON, Ml 49442 (?31) 724-63<36 ' FAX (?31) /?4-1129 TIY (231) 722-4103 • An EEO I ADA I AA Employer recycled paper January 28, 2004 OWNERS NAME OWNERS ADDRESS OWNERS CITY, OWNERS STATE, OWNERS ZIPCODE 1 The City of Muskegon is asking for your support for improvement of the street adjoining your property located at PROPERTY ADDRESS. The City of Muskegon believes that by making the proposed street improvements you will have less road noise, dust, and wear and tear on your vehicle. In addition, street improvements provide easier access for delivery of services such as snow plowing, mail delivery, and bus service. Called a special assessment district, the largest percentage of the proposed street improvement will be paid for by the City of Muskegon (via local funds and or grants); however, it will be necessary for you to cover a share of the cost (which you can spread over a period of ten years) based on the amount of property you own bordering the street. A description of the project, including the associated cost to you and the City, is located in the documents attached to this letter. While the City of Muskegon believes that the proposed improvements will result in a safer and cleaner street while adding curb appeal to your property, you do have the right to ask further questions or protest participation in this particular project. Please carefully review the enclosed materials and call the City's Engineering Department at 724-6707 if you require more information. A public hearing is also scheduled for this project on FEBRUARY 8, 2005. If you attend this public hearing you will be given an opportunity to make comments on the proposed special assessment district to the commission. Also located in this packet of materials is a Special Assessment Hearing Response Card. If mailed back to the City of Muskegon City Clerk's Office before the scheduled public hearing your vote will be added to the tabulation of votes during the public hearing. If you do not send in this form your vote counts as "in favor" of the project. Thank you for your participation in improving the quality of life in the Muskegon community. January 28, 2005 OWNERS NAME OWNERS ADDRESS OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 1 Parcel Number 24-XXX-XXX-XXXX-XX: at PROPERTY ADDRESS & STREET NOTICE OF HEARING ON SPECIAL ASSESSMENT Dear Property Owner: The Muskegon City Commission is considering whether or not to create a special assessment district which would assess your property for the following paving project: CLAY AVE .. TERRACE ST. TO SPRING ST. The proposed special assessment district will be located as follows: All parcels abutting Clay Ave. from Terrace. to Spring St. It is proposed that a portion of the above improvement will be paid by special assessment against properties in the aforementioned district. Following are conditions of the proposed special assessment which are important to you. Public Hearings An initial public hearing to consider the creation of a special assessment district will be held at the City of Muskegon City Commission Chambers on FEBRUARY 8, 2005 at 5:30P.M. You are encouraged to appear at this hearing, either in person, by agent or in writing to express your opinion, approval, or objection concerning the proposed special assessment. We are enclosing a Hearing Response Card for you to indicate your agreement or opposition to the special assessment. This card includes the property identification and description, assessable footage per City policy, and the estimated cost of the assessment. You may also appear, as above, in lieu of, or in addition to mailing your response card to the City Clerk. Written objections or appearances must be made at or prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR OPINION COUNTED FOR THE SPECIAL ASSESSMENT. A second public hearing will be held, if the district is created, to confirm the special assessment roll after the project is completed. You will be mailed a separate notice for the second hearing. At this second hearing the special assessment costs will be spread on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. By City Charter, if the owners of more than one-half of the properties to be assessed shall object to the assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission determines by affirmative vote of all its members that the safety or health of the public necessitates the improvement. Estimated Costs The total estimated cost of the street portion of the project is $175,000.00 of which approximately 21.07% ($36,866.88) will be paid by special assessment to property owners. Your property's estimated share of the special assessment is shown on the attached hearing response card. The remaining costs will be paid by the City. The street assessment, which covers improvements to the roadway, may be paid in installments over a period of up to ten (1 0) years. Any work on drive approaches or sidewalks will be assessed to the property at actual contract prices and these costs may also be paid in installments over ten (1 0) years. Please note this work is in addition to the street special assessment. Please refer to the enclosed sheet entitled Special Assessment Payment Options for more information on the payment options and financial assistance programs available. I urge you to return the enclosed hearing response card indicating your preference and to attend the scheduled public hearing. Your views are important to the City and to your neighbors. Additional information, including preliminary project plans and cost estimates is available in the Engineering Department located on the second floor of City Hall. Regular business hours are from 8:00A.M. to 5:00P.M. Monday through Friday except holidays. Sincerely, /IJJt.:c~ //fdi:f/ Mohammed AI-Shatel, P.E. City Engineer SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By: FEBRUARY 8, 2005 Project Title: CLAY AVE.,TERRACE ST. TO SPRING ST. Project Description: RECONSTRUCTION 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: PROPERTY ADDRESS & STREET Parcel Number 24-XXX-XXX-XXXX-XX Assessable Frontage: 66 Feet Estimated Front Foot Cost: $32.00 per Foot ESTIMATED TOTAL COST $2,112.00 Property Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 17 BLK 175 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 D Owner CoOwner/Spouse Signature ----------------- Signature ------------------- Address Address Thank you for taking the time to vote on this important issue. L.ll Y VI! lVI U::OKJ<.GVJ'; CLAY AVE. TERRACE. TO SPRING ST.- H-1592 CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT > HOUSEHOLD INFORMATION Name: Birthdate: Social Security # _ _-_ _ -_ _ Spouse: ___ ____ Birthdate: , Social Security# _ _-_ _-_ _ Address: Phone: Race: Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No (Please refer to your assessment letter for this infonnation) Number Living in Household: List infonnation for household members besides owner/spouse here. Name Birthdate Social Security# _ _-_ _-_ _ Name Birthdate Social Secnrity # _ _-_ _-_ _ Name Birthdate Social Secnrity # _ _-_ _-_ _ Name Birthdate Social Security# - - INCOME INFORMATION ANNUAL Household Income: $ Wage earner: (Must include all household income) Wage earner: Wage earner: \Vage earner: Total: $ PROPERTY INFORMATION Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract Homeowner's Insurance Co: Expiration Date: Property Taxes: ( ) Current ( ) Delinquent Year(s) Due (Property taxes must be current to qualify and will be vcriticd by CDBG staft) .· OWNER'S SIGNATURE Owner's Signature: Date: By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies that all information in this application, and all information fumished in suppmt of this application, is ttue and complete to the best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION FOR OI<FICE USE ONLY APPROVED ( ) DENIED ( ) DATE CENSUS TRACT NO. SIGNATURE TITLE COMMENTS/REMARKS **ATTENTION APPLICANT** Please see reverse side for instructions on providing proof of income, ownership, and property insurance. LJ J 1 VI' iHU31'\.~\JVl'"' CLAY AVE., TERRACE. TO SPRING ST .. REQUEST FOR WAIVER OF SPECIAL ASSESSMENT [l2ote: You may receive this application several times- If you have already applied, please discard. Dear Resident: The City of Muskegon has selected the street abutting your property for repairs. To assist homeowners, who may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Community Development Block Grant (CDBG) Program tor eligible households and families. If you meet the CDBG program qualifications, the City may pay the street assessment tor you to the extent that funds are available. Application Requirements: ./ Applicants must submit proof that their total household income does not exceed 65% of Area Median Income (see chm1 below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year 2004, pension or other benefit checks, bank statements for direct deposits or agency statements for all household mcome. 2004 165% MEDIAN HOUSEHOLD INCOME CHART I FAMILY SIZE INCOME LIMIT 1 $27,885 2 31,850 3 35,880 4 39,845 5 43,030 6 46,215 7 49,400 8 52,585 For each extra, add 3,185 ./ Applicants must submit proof that they both own and occupy property at the time of application; Land Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official document showing both your name and address . ./ Applicants must submit proof of current property insurance. Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with supporting documentation, to: City of Muskegon Community & Neighborhood Services 933 Terrace Street, 2nd Floor Muskegon, MI 49440 For further information, please contact this office by calling 724-6717, weekdays from 8:30a.m. and 5:00p.m. The City reserves the right to ver~fj~ a/1 application il?frnmation, and to reject any applications that cont({infals(/ied il?formation or insufficient d octanen I a I ion. Special Assessment Payment Options Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public improvements may pay their assessment in the following ways: L Lump Sum Payment in Full Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll without interest. II. Installment Payments Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows: Street and Alley Assessments- Ten (10) years equal annual principal payments. For example, if the amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as described below. Driveway, Sidewalk, and Approach Assessments- Ten (10) years equal annual principal payments plus applicable interest as described below. · Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money to complete the project for which you are assessed and has pledged you assessments for repayment of the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City must pay on the borrowed money plus 1.00%. Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons) To qualify for a special assessment deferral you or your spouse (if jointly owned) must: • Be 65 years or older or be totally or permanently disabled. • Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead being assessed for five (5) years or more. • Be a citizen of the U.S. • Have a total household income not in excess of $16,823.00 • Have a special assessment of $300.00 or more. Under this program the State of Michigan will pay the entire balance owing of the special assessment, including delinquent, current, and further installments. At the time of payment a lien will be recorded on your property in favor of the State of Michigan. Repayment to the State must be made at the time the property is sold or transferred or after the death of the owner( s ). During the time the special assessment is deferred interest is accrued at the rate of 6.00% per year. IV. Further Information About the Above Programs Further information about any of the above payment options may be obtained by calling either the City Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's Office in City Hall. V. Additional Special Assessment Payment Assistance Qualified low and moderate income homeowners who are being assessed may be eligible for payment assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance from this program will be available to the extent that funds are available. To obtain further information and determine whether you are eligible, contact the Community and Neighborhood Services Department at 724-6717. CITY OF MUSKEGON NOTICE OF PUBLIC HEARINGS SPECIAL ASSESSMENT DISTRICTS IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is proposing that special assessment districts be created tor the following projects: CLAY AVE., TERRACE ST. TO SPRING ST. AND PARK ST., LAKETON AVE. TO YOUNG AVE. The specific locations of the special assessment districts and the prope11ies proposed to be assessed are: All parcels abutting Clay Ave. from Terrace. to Spring St. And All parcels abutting Park St. from Young Ave. to Laketon Ave. The City Commission proposes that the City and property owners by means of special assessments will share the cost of improvement. You may examine preliminary plans and cost estimates in the City Hall's Engineering Depa11ment during regular business hours- between 8:00A.M. and 5:00 P.M. on weekdays, except holidays. PLEASE TAKE NOTICE: A PUBLIC HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS ON FEBRUARY 8, 2005 AT 5:30 O'CLOCK P.M PLEASE UNDERSTAND THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE ROLL'S CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY YOUR AGENT OR REPRESENTATIVE, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. By City Charter, if the owners of more than one-half of the property to be assessed shall object to the assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission determines by affirmative vote of all its members that the safety or health of the public necessitates the improvement. PUBLISH: January 29, 2005 Gail Kundinger, City Clerk ADA POLICY The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon twenty-four hours notice to the City. Contact: Gail A. Kundinger, City Clerk 933 Terrace Street, Muskegon, Ml 49440 (231) 724-6705 or TDD (231) 724-6773 SPECIAL ASSESSMENT H 1592 RECONSTRUCTION HEARING DATE FEBRUARY 8, 2005 CLAY AVE.,TERRACE ST. TO SPRING ST. 1 CZM PROPERTIES LLC ASSESSABLE FEET: 66 24-205-175-0017-00 6321 SILVERTON DR COST PER FOOT: $32.00 @ 820.0 TERRACE S MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $2,112.oo 1 2 VERIZON INC ASSESSABLE FEET: 132 24-205-175-0018-00 P 0 BOX 152206 COST PER FOOT: $32.00 @ 118.0 W CLAY AVE IRVING TX 75015 ESTIMATED P.O. COST: I $4,224.oo 1 3 TAGHON DAVID ASSESSABLE FEET: 28.5 24-205-175-0020-00 2570 NESTROM RD COST PER FOOT: $32.00 @ 98.0 W CLAY AVE MUSKEGON Ml 49445 ESTIMATED P.O. COST: $.:..._9_1_2._00_.1 L l_ _ 4 MCDERMOTT WM/DENISE ASSESSABLE FEET: 51.79 24-205-175-0020-10 2278 SOUTHWOOD COST PER FOOT: $32.00 @ 789.0 PINE ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,657.28 1 5 WITT LEE A ASSESSABLE FEET: 66 24-205-17 4-0009-00 1501 RUDDIMAN DR COST PER FOOT: $32.00 @ 790.0 PINE ST MUSKEGON Ml 49445 ESTIMATED P.O. COST: I $2.112.0o 1 6 WITT LEE A ASSESSABLE FEET: 132 24-205-174-0011-00 1501 RUDDIMAN DR COST PER FOOT: $32.00 @ 28.0 E CLAY AVE MUSKEGON Ml 49445 ESTIMATED P.O. COST: I $4,224.oo 1 7 VERIZON INC ASSESSABLE FEET: 80 24-205-176-0006-00 P 0 BOX 152206 COST PER FOOT: $32.00 @ 860.0 TERRACES IRVING TX 75015 ESTIMATED P.O. COST: I $2,56o.oo 1 2/1/2005 Page 1 of 3 RECONSTRUCTION HEARING DATE FEBRUARY 8, 2005 CLAY AVE.,TERRACE ST. TO SPRING ST. 8 THE JILLIAN & JORDAN LLC ASSESSABLE FEET: 74 24-205-176-0005-00 675 RICHMOND NW COST PER FOOT: $32.00 @ 121.0 W CLAY AVE GRAND RAPIDS Ml 49504 ESTIMATED P.O. COST: I $2,368.oo 1 9 VERIZON INC ASSESSABLE FEET: 65.5 24-205-176-0004-00 P 0 BOX 152206 COST PER FOOT: $32.00 @ 111.0 W CLAY AVE IRVING TX 75015 ESTIMATED P.O. COST: I $2,o96.oo 1 10 NOORDYK WILLIAM ASSESSABLE FEET: 44.5 24-205-176-0003-00 2700 KENOWA NW COST PER FOOT: $32.00 @ 103.0 W CLAY AVE GRAND RAPIDS Ml 49544 ESTIMATED P.O. COST: I $1,424.oo 1 11 VERIZON INC ASSESSABLE FEET: 38 24-205-176-0002-00 P 0 BOX 152206 COST PER FOOT: $32.00 @ 97.0 W CLAY AVE IRVING TX 75015 ESTIMATED P.O. COST: I $1 ,216.oo 1 12 VERIZON INC ASSESSABLE FEET: 30.8 24-205-176-0001-00 P 0 BOX 152206 COST PER FOOT: $32.00 @ 91.0 W CLAY AVE IRVING TX 75015 ESTIMATED P.O. COST: c _ l_ _$c_9_85_.6_0-'I 13 VERIZON INC ASSESSABLE FEET: 31.6 24-205-176-0001-10 P 0 BOX 152206 COST PER FOOT: $32.00 @ 85.0 PINE ST IRVING TX 75015 ESTIMATED P.O. COST: I $1,o11.2o 1 14 PERRI ALFRED J TRUST ASSESSABLE FEET: 84.6 24-205-177-0005-00 794 PINE ST COST PER FOOT: $32.00 @ 794.0 PINE ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,7o7.2o 1 2/1/2005 Page 2 of 3 RECONSTRUCTION HEARING DATE FEBRUARY 8, 2005 CLAY AVE.,TERRACE ST. TO SPRING ST. 15 NW MILL REAL ESTATE LLC ASSESSABLE FEET: 61.8 24-205-177-0004-00 820 PINE COST PER FOOT: $32.00 @ 43.0 W CLAY AVE MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,977.60 1 16 JOLMAN JOHN W/KATHY J TRU ASSESSABLE FEET: 33 24-205-177-0003-00 2552 WHITE COST PER FOOT: $32.00 @ 39.0 W CLAY AVE MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $1,o56.oo 1 17 PRI-PER INVESTMENTS ASSESSABLE FEET: 132 24-205-177-0001-00 794 PINE COST PER FOOT: $32.00 @ 25.0 E CLAY AVE MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $4,224.oo 1 SUM OF ASSESSABLE FOOTAGE: 1152.09 SUM OF ESTIMATED P.O. COST: $36,866.88 I TOTAL NUMBER OF ASSESSABLE PARCELS 17.00 2/1/2005 Page 3 of 3 SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By: FEBRUARY 8, 2005 Project Title: CLAY AVE.,TERRACE ST. TO SPRING ST. Project Description: RECONSTRUCTION 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 111;-Jfi) Property Address: l2!!:l:PINE ST Parcel Number 24-205-175-0020-10 Assessable Frontage: 51.79 Feet Estimated Front Foot Cost: $32.00 per Foot ESTIMATED TOTAL COST $1,657.28 Property Description CITY OF MUSKEGON { REVISED PLAT OF 1903 E 103FT ?IN LOT 20 BLK 175 City Clerks Oi:; Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM IN FAVOR IK1 ''~ '- ' I AM OPPOSED D Owner CJ ~......- ~~oOwner/Spouse ------------ Signature t.L_ft_..._ $ ~~ Signature Address 2 'J 2 flr...,.c .Sr- Address 4 Thank you for taking the time to vote on this important issue. SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By: FEBRUARY 8, 2005 Project Title: CLAY AVE.,TERRACE ST. TO SPRING ST. Project Description: RECONSTRUCTION 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: 820 TERRACE ST Parcel Number 24-205-175-0017-00 -------~ -- . Assessable Frontage: 66 Feet Estimated Front Foot Cost: $32.00 per Foot ESTIMATED TOTAL COST $2,112.00 Property Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 17 BLK 175 ~~· Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM IN FA~_OR crJ - ) I(L I AM OPPOSED D Owner • CoOwner/Spouse Signature Signature --------------------- Address Address Thank you for taking the time to vote on this important issue. SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By: FEBRUARY 8, 2005 Project Title: CLAY AVE.,TERRACE ST. TO SPRING ST. Project Description: RECONSTRUCTION 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: 121 W CLAY AVE Parcel Number 24-205-176-0005-00 --~ ... Assessable Frontage: 74 Feet Estimated Front Foot Cost: $32.00 per Foot ESTIMATED TOTAL COST $2,368.00 Property Description CITY OF MUSKEGON RIVISED PLAT OF 1903 NL Y 66 FT LOT 5 BLK 176 Your vote UNTS! Please vote either in favor or opposed to If.. Jecial Assessment Street Paving Project. I AM OPPOSED IX I /!jo-rCoOwner/Spouse - - - - - - - - - - - - - Signature Address '1'7.s'c '/ Thank you for taking the time to vote on this important issue. 8 SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By: FEBRUARY 8, 2005 Project Title: CLAY AVE.,TERRACE ST. TO SPRING ST. Project Description: RECONSTRUCTION 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: 790 PINE ST Parcel Number 24-205-17 4-0009-00 Assessable Frontage: 66 Feet Estimated Front Foot Cost: $32.00 per Foot ESTIMATED TOTAL COST $2,112.00 Property Description ,, . CITY OF MUSKEGON REVISED PLAT OF 1903 N 34FT LOT 8 & ENTIRE LOTS 9 & 10 BLK 174 Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. lAM IN FAVOR D.· I AM OPPOSED D CoOwner/Spouse Signature --------------------- Address Thank you for taking the time to vote on this important issue. 5 SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vole count, please Return This Card By: FEBRUARY 8, 2005 Project Title: CLAY AVE.,TERRACE ST. TO SPRING ST. Project Description: RECONSTRUCTION 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: 28 E CLAY AVE Parcel Number 24-205-17 4-0011-00 Assessable Frontage: 132 Feet Estimated Front Foot Cost: $32.00 per Foot ESTIMATED TOTAL COST $4,224.00 r-' T.·· \ Property Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 11 TO 141NCL BLK 174 Your vote COUNTS! Please vote either in favor or opp_9sed to the Special Assessment Street Paving Project. D / I AM IN FAVO~~ I AM OPPOSED Owner i_ &.[.:;:: lA_)\ r-'7·-- CoOwner/Spouse Signature c+;it{Jt }IJ ·--- Signature - - - - - - - - - - - - ~Cg_ J Address Thank you for taking the time to vote on this important issue. 6 H-1592, W-666, S-601 CLAY AVE. TERRACE ST. to SPRING ST. PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION FEET PEBCENTAGE TOTAL NUMBER OF PARCELS -17 FOR OPPOSE LETTER# ST# STNAME PARCEL# FEET LETTER# ST# STNAME PARCEL# FEET TOTAL ASSESSABLE FRONT FOOTAGE 1152.09 **"" 6 28 CLAVE 24~205-174-0011-00 132.00 8 121 CLAY 24-205-176-0005-00 74.00 4 789 PINE 24-205-175-0020-1 0 51.79 3 98 CLAY 24-205-175-0020-00 28.50 FRONT FEET OPPOSED 241.80 20.99% 5 790 PINE 24-205-174-0009-00 66.00 10 103 CLAY 24-205-176-0003-00 44.50 1 820 TERRACE 24-205-175-0017-00 66.00 16 39 CLAY 24-205-177-D003-00 33.00 RESPONDING FRONT FEET IN FAVOR 315.79 27.41% 15 43 CLAY 24-205-177-Q004-00 61.80 NOT RESPONDING- FRONT FEET IN FAVOR 594.50 51.60% TOTAL FRONT FEET IN FAVOR 91029 79.01% TOTALS 315.79 241.80 TABULATED AS OF: 5:03PM 2/8/2005 5:03 PM TABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON CLAY AVE Date: Febmary 8, 2005 To: Honorable Mayor and City Commissioners From: Engineering RE: Public Hearing Create Special Assessment District for: Park St., Laketon to Young SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment for the Park St., Laketon to Young, 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: CITY OF MUSKEGON Resolution No. 2005-13(b) Resolution At First Hearing Creating Special Assessment District For Park St., Laketon to Young Location and Description of Properties to be Assessed: See Exhibit A attached to this resolution RECITALS: 1. A hearing has been held on February 8, 2005 at 5:30 o'clock p.m. at the City Commission Chambers. Notice was given by mail and publication as required by law. 2. That estimates of costs of the project, a feasibility report and valuation and benefit information are on file with the City and have been reviewed for this hearing. 3. At the hearing held February 8, 2005, there were 88.03% objections by the owners of the property in the district registered at the hearing either in writing received before or at the hearing or by owners or agents present at the hearing, and the Commission has considered the advisability of proceeding with the project. FINDINGS: 1. The City Commission has examined the estimates of cost to construct the project including all assessable expenses and determines them to be reasonable. 2. The City Commission has considered the value of the property to be assessed and the value of the benefit to be received by each property proposed to be assessed in the district after the improvements have been made. The City Commission determines that the assessments of costs of the City project will enhance the value of the properties to be assessed in an amount at least equivalent to the assessment and that the improvement thereby constitutes a benefit to the property. THEREFORE, BE IT RESOLVED: 1. The City Commission hereby declares a special assessment district to include the property set forth in Exhibit A attached to this resolution. 2. The City Commission determines to proceed with the improvements as set forth in the feasibility study and estimates of costs, and directs the City Engineer to proceed with project design, preparation of specifications and the bidding process. If appropriate and if bonds are to be sold for the purposes of financing the improvements, the Finance Department shall prepare plans for financing including submission of application to the Michigan Department of Treasury and the beginning of bond proceedings. 3. The City Commission hereby appoints a Board of Assessors consisting of City Commissioners Spataro and Warmington and the City Assessor who are hereby directed to prepare an assessment roll. Assessments shall be made upon front foot basis. 4. Based on the City's Special Assessment policy and preliminary estimates it is expected that approximately 24.25% ofthe cost of the street improvement will be paid by special assessments. 5. Upon submission ofthe special assessment roll, the City staff is hereby directed to notify all owners and persons interested in properties to be assessed of the hearing at which the City Commission will consider confirmation of the special assessment roll. This resolution adopted. Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, Spataro Nays: None CITY OF MUSKEGON By LO. ~ Gail A. Kundmger, Cler ACKNOWLEDGMENT This resolution was adopted at a meeting of the City Commission, held on February 8, 2005. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON By sDo.-tQ ~ Gail A. Kundinger, Clerk EXHIBIT A PARK STREET, LAKETON TO YOUNG SPECIAL ASSESSMENT DISTRICT All properties abutting that section of Park Street between Laketon & Young SPECIAL ASSESSMENT DISTRICT FOR PARK STREET EXHIBIT "A" ~ NO SCALE LAKETON A 11: { r--~LAKETON A11: VACA7ED -, _jLJI ASSESSMENT DISTRICT AFFIDAVIT OF MAILING STATE OF MICHIGAN ) ) ss COUNTY OF MUSKEGON ) TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING: Park St. Young Ave. to Laketon Ave. THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED STATES MAIL RECEPTACLE ON THE 28TH DAY OF J NUARY 2005. SUBSCRIBED AND SWORN TO BEFORE ME THIS ;._5-r;, DAY OF & iota 0 , 2005. ~ %1. tliu NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN MY COMMISSION EXPIRES 9 - (;(.S-t7 .b ENGINEERING FEASIBILITY STUDY For Park St., Laketon to Young The reconstruction of Park Street between Laketon & Young, see attached exhibit for location, was initiated by the City and approved for over $159,000 of federal funds due to the conditions of the pavement and drainage facilities as well as it's designation as a collector street. The existing pavement has deteriorated to a level where, we believe, a total reconstruction is necessary. The proposed improvements (reconstruction) consist of following; I. Complete removal of existing pavement and replace with a new asphalt street section that would include curb & gutter on both sides (presently, only the east side has curbs) and a proposed width of3 7' back to back. 2. New section of sanitary sewer line A memo Ji·om the Assessor's office, which addresses the appraisal and benefit information, is attached. The preliminary cost estimate for the work associated with paving is $270,000 with the length of the project being approximately 1400 lineal feet (project length) or 2046'ofassessable footage. This translates into an estimated improvement cost of $132 per assessable foot. The assessment figure will be at a cost not to exceed $32.00 per assessable foot as established in the 2005 Special Assessment Rates for this type of improvement MUSKEGON COUNTY M c H G A N BOARD OF COMMISSIONERS Paul T. Baade, Chair District 10 Bill Gill, Vice-Chair District 8 January 26, 2005 Douglas A. Bennett Mohammed Al-Shatel, City Engineer District ? City of Muskegon 933 Terrace Street Charles L. Buzzell District 2 Muskegon, MI 49443 James J. Derezinski Mr. Al-Shatel: District 4 In accordance with your request, I have examined the proposed special assessment Marvin R. Engle district entailing the reconstruction of Park Street between Young Avenue and District 5 Laketon Avenue. The purpose of this analysis is to document the reasonableness of this special assessment district by identifying and quantifying any accrued benefits. It Louis A. McMurray District9 is subject to the normal governmental restrictions of escheat, taxation, police power and eminent domain. The effective date is January 26, 2005. Robert Scolnik District 11 In conclusion, it is my opinion that the special assessment amounts justly and reasonably represents the accrued benefits to the properties encompassed by this I. John Snider II District3 project. The amounts reflect the sum of the immediate estimated value enhancement and the intrinsic value that will accme from an overall increase in property values due Nancy A. Waters to an improved quality of life created by the proposed project. The proposed special Dislricl 6 assessment district encompasses primarily residential properties. The front foot rate of Stephen A. Wisniewski $32.00 for the reconstruction of the above mentioned project area appears reasonable District1 in light of an analysis that indicates a possible enhancement of $3 3.97. The conclusions are based upon the data presented within this limited analysis in restricted format, and on supporting information in my files. Sincerely, 0~\l.~ Vicki A Emery, CMAE 3 Senior Appraiser EQUALIZATION DEPARTMENT • 173 E. APP LE AVE., BUILD ING C • MUSKEGON, Ml 49442 (231) 724-6386 • FAX (231) 724-11 29 TTY(23 1) 722-4103 •An EEOIADAIAA Employer recycled paper January 28, 2005 OWNERS NAME OWNERS ADDRESS OWNERS CITY, OWNERS STATE, OWNERS ZIPCODE 1 The City of Muskegon is asking for your support for improvement of the street adjoining your property located at PROPERTY ADDRESS. The City of Muskegon believes that by making the proposed street improvements you will have less road noise, dust, and wear and tear on your vehicle. In addition, street improvements provide easier access for delivery of services such as snow plowing, mail delivery, and bus service. Called a special assessment district, the largest percentage of the proposed street improvement will be paid for by the City of Muskegon (via local funds and or grants); however, it will be necessary for you to cover a share of the cost (which you can spread over a period of ten years) based on the amount of property you own bordering the street. A description of the project, including the associated cost to you and the City, is located in the documents attached to this letter. While the City of Muskegon believes that the proposed improvements will result in a safer and cleaner street while adding curb appeal to your property, you do have the right to ask further questions or protest participation in this particular project. Please carefully review the enclosed materials and call the City's Engineering Department at 724-6707 if you require more information. A public hearing is also scheduled for this project on JANUARY 25, 2005. If you attend this public hearing you will be given an opportunity to make comments on the proposed special assessment district to the commission. Also located in this packet of materials is a Special Assessment Hearing Response Card. If mailed back to the City of Muskegon City Clerk's Office before the scheduled public hearing your vote will be added to the tabulation of votes during the public hearing. If you do not send in this form your vote counts as "in favor" of the project. Thank you for your participation in improving the quality of life in the Muskegon community. January 28, 2005 OWNERS NAME OWNERS ADDRESS OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 1 Parcel Number 24-XXX-XXX-XXXXX-XX: at PROPERTY ADDRESS & STREET NOTICE OF HEARING ON SPECIAL ASSESSMENT Dear Property Owner: The Muskegon City Commission is considering whether or not to create a special assessment district which would assess your property for the following paving project: PARK ST.. YOUNG AVE. TO LAKETON AVE. The proposed special assessment district will be located as follows: All parcels abutting Park St. from Young Ave. to Laketon Ave. It is proposed that a portion of the above improvement will be paid by special assessment against properties in the aforementioned district. Following are conditions of the proposed special assessment which are important to you. Public Hearings An initial public hearing to consider the creation of a special assessment district will be held at the City of Muskegon City Commission Chambers on FEBRUARY 8, 2005 at 5:30P.M. You are encouraged to appear at this hearing, either in person, by agent or in writing to express your opinion, approval, or objection concerning the proposed special assessment. We are enclosing a Hearing Response Card for you to indicate your agreement or opposition to the special assessment. This card includes the property identification and description, assessable footage per City policy, and the estimated cost of the assessment. You may also appear, as above, in lieu of, or in addition to mailing your response card to the City Clerk. Written objections or appearances must be made at or prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR OPINION COUNTED FOR THE SPECIAL ASSESSMENT. A second public hearing will be held, if the district is created, to confirm the special assessment roll after the project is completed. You will be mailed a separate notice for the second hearing. At this second hearing the special assessment costs will be spread on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. By City Charter, if the owners of more than one-half of the properties to be assessed shall object to the assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission determines by affirmative vote of all its members that the safety or health of the public necessitates the improvement. Estimated Costs The total estimated cost of the street portion of the project is $270,000.00 of which approximately 24.25% ($65,481.60) will be paid by special assessment to property owners. Your property's estimated share of the special assessment is shown on the attached hearing response card. The remaining costs will be paid by the City. The street assessment, which covers improvements to the roadway, may be paid in installments over a period of up to ten (10) years. Any work on drive approaches or sidewalks will be assessed to the property at actual contract prices and these costs may also be paid in installments over ten (10) years. Please note this work is in addition to the street special assessment. Please refer to the enclosed sheet entitled Special Assessment Payment Options for more information on the payment options and financial assistance programs available. I urge you to return the enclosed hearing response card indicating your preference and to attend the scheduled public hearing. Your views are important to the City and to your neighbors. Additional information, including preliminary project plans and cost estimates is available in the Engineering Department located on the second floor of City Hall. Regular business hours are from 8:00A.M. to 5:00P.M. Monday through Friday except holidays. Sincerely, ~~)~• /L'- J;(t/:/!-1 Mohammed AI-Shatel, P.E. City Engineer SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By: FEBRUARY 8, 2005 Project Title: PARK ST.,YOUNG AVE. TO LAKETON AVE. Project Description: RECONSTRUCTION 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 srnall 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: PROPERTY ADDRESS & STREET Parcel Number 24-XXX-XXX-XXXXX-XX Assessable Frontage: 631.3 Feet Estimated Front Foot Cost: $32.00 per Foot ESTIMATED TOTAL COST $20,201.60 Property Description CITY OF MUSKEGON SEC 31 T10N R16W E 1/2 OF NE 1/4 OF NW 1/4 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 D Owner CoOwner/Spouse Signature ---------------- Signature ------------------- Address Address Thank you for taking the time to vote on this important issue. CITY OF MUSKEGON PARK ST, YOUNG AVE. TO LAKETON AVE.- H-1588 CDBG APPLICATION - FOR WAIVER OF SPECIAL ASSESSMENT HOUSEHOLD INFORMATION Name: -·-- Birthdate: _--~-Social Security# _ _-_ _-_ _ Spouse: ~ Birthdatc: Social Security # _ _-_ _-_ _ Address: Phone: Race: Parcel# -~- _ Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No (Please refer to your assessment letter for this infonnation) Number Living in Household: List infonnation for household members besides owner/spouse here. Name Birthdate Social Security # _ _-_ _-_ _ Name Birthdate Social Security # _ _-_ _-_ _ Name Birthdate Social Security # _ _-_ _-_ _ Name Birthdate Social Security# - - INCOME INFORMATION ANNUAL Household Income: $ Wage earner: (Must include all household income) Wage earner: Wage earner: Wage earner: Total: $ PROPERTY INFORMATION !'roof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract Homemvner's Insurance Co: - -~ Expiration Date: Property Taxes: ( ) Current ( ) Delinquent Year(s) Due (Property taxes must be current to qualify and will be verified by CDBG staff) . OWNER'S SIGNATURE Owner's Signature: Date: By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies that all information in this application, and all information fumished in support of this application, is true and complete to the best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION . . . FOR OFFICE USE ONLY APPROVED ( ) DENIED ( ) DATE ·- CENSUS TRACT NO. SIGNATURE -- - TITLE COMMENTS/REMARKS **ATTENTION APPLICANT** Please see reverse side for instructions on providing proof of income, ownership, and property insurance. CITY OF MUSKEGON PARK ST., YOUNG AVE. TO LAKETON AVE. REQUEST FOR WAIVER OF SPECIAL ASSESSMENT Note: You may receive this application several times- If you have already applied, please discard. Dear Resident: The City of Muskegon has selected the street abutting your pro petty for repairs. To assist homeowners, who may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Community Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG program qualifications, the City may pay the street assessment for you to the extent that funds are available. Application Requirements: ,r Applicants must submit proof that their total household income does not exceed 65% of Area Median Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) fi·om the year 2004, pension or other benefit checks, bank statements for direct deposits or agency statements for all household mcome. 2004 165% MEDIAN HOUSEHOLD INCOME CHART I FAMILY SIZE INCOME LIMIT 1 $27,885 2 31,850 3 35,880 4 39,845 5 43,030 6 46,215 7 49,400 8 52,585 For each extra, add 3,185 ,r Applicants must submit proof that they both own and occupy property at the time of application; Land Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be a deed, mmtgage, or land contract; proof of occupancy can be a copy of a driver's license or other official document showing both your name and address. ,r Applicants must submit proof of current property insurance. Please complete the first four (4) sections of the application on the reverse side of this notice, and retum it, along with supporting documentation, to: City of Muskegon Community & Neighborhood Services 933 Terrace Street, 2nd Floor Muskegon, Ml 49440 For further information, please contact this office by calling 724-6717, weekdays from 8:30a.m. and 5:00p.m. The City reserves the right to ver(fy all application il?/(>rmation, and to reject any applications that contain falsified il?[ormation or insl([{icient documentation. Special Assessment Payment Options Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public improvements may pay their assessment in the following ways: I. Lump Sum Pavment in Full Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll without interest. II. Installment Payments Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows: Street and Alley Assessments- Ten (1 0) years equal annual principal payments. For example, if the amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as described below. Driveway, Sidewalk, and Approach Assessments- Ten (1 0) years equal annual principal payments plus applicable interest as described below. Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money to complete the project for which you are assessed and has pledged you assessments for repayment of the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City must pay on the borrowed money plus 1.00%. Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons) To qualify for a special assessment deferral you or your spouse (if jointly owned) must: • Be 65 years or older or be totally or permanently disabled. • Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead being assessed for five (5) years or more. • Be a citizen of the U.S. • Have a total household income not in excess of $16,823.00 • Have a special assessment of $300.00 or more. Under this program the State of Michigan will pay the entire balance owing of the special assessment, including delinquent, current, and further installments. At the time of payment a lien will be recorded on your property in favor of the State of Michigan. Repayment to the State must be made at the time the property is sold or transferred or after the death of the owner(s). During the time the special assessment is deferred interest is accrued at the rate of 6.00% per year. IV. Further Information About the Above Programs Further information about any of the above payment options may be obtained by calling either the City Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's Office in City Hall. V. Additional Special Assessment Payment Assistance Qualified low and moderate income homeowners who are being assessed may be eligible for payment assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance from this program will be available to the extent that funds are available. To obtain further information and determine whether you are eligible, contact the Community and Neighborhood Services Department at 724-6717. _, SPECIAL ASSESSMENT H 1588 RECONSTRUCTION HEARING DATE FEBRUARY 8, 2005 PARK ST.,YOUNG AVE. TO LAKETON AVE. 1 ST MARYS CEMETERY ASSESSABLE FEET: 631.3 24-131-1 00-0005-00 PO BOX 4905 COST PER FOOT: $32.00 @ 491.0 W LAKETON A MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $2o.2o1.6o 1 2 MONROE BIRD SHEET METAL ASSESSABLE FEET: 100 24-131-200-0004-00 2000 SANFORD COST PER FOOT: $32.00 @ 391.0 W LAKETON A MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $3,2oo.oo 1 3 MOGHULIMEDENDORP/TOLLE/ ASSESSABLE FEET: 566 24-131-200-0001-00 PO BOX 298 COST PER FOOT: $32.00 @ 1850. PARK ST MUSKEGON Ml 49443-029 ESTIMATED P.O. COST: I $18,112.oo 1 4 MONROE BIRD SHEET METAL ASSESSABLE FEET: 165 24-131-200-0002-00 1880 PARK ST COST PER FOOT: $32.00 @ 1880. PARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $5,28o.oo 1 5 GREATER MUSK TRANSFER INC ASSESSABLE FEET: 240 24-131-200-0003-00 1922 PARK ST COST PER FOOT: $32.00 @ 1922. PARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $7,68o.oo 1 6 GREATER MUSK TRANSFER INC ASSESSABLE FEET: 99 24-290-001-0001-10 1922 PARK ST. COST PER FOOT: $32.00 @ 1956. PARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $3,168.oo 1 7 GORAJEC GEORGE ASSESSABLE FEET: 100 24-290-001-0003-00 2135 LINCOLN PK DR COST PER FOOT: $32.00 @ 1968. PARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $3,2oo.oo 1 2/1/2005 Page 1 of 2 RECONSTRUCTION HEARING DATE FEBRUARY 8, 2005 PARK ST.,YOUNG AVE. TO LAKETON AVE. 8 STATE OF MICHIGAN ASSESSABLE FEET: 0 24-290-001-0005-00 430 WEST ALLEGAN FIRST FLO COST PER FOOT: $32.00 @ 1974. PARK ST LANSING Ml 48922 ESTIMATED P.O. COST: $0_.0_0_,1 . _ I_ _ _ 9 KITCHEN JAMES JR/MELAINIE M ASSESSABLE FEET: 45 24-290-001-0006-00 1164 SANFORD ST COST PER FOOT: $32.00 @ 1978. PARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,44o.oo 1 10 OLIVAREZ ALEJANDRO JR ASSESSABLE FEET: 50 24-290-001-0007-00 3510 W SKEELS RD APT A COST PER FOOT: $32.00 @ 1988. PARK ST MONTAGUE Ml 49437 ESTIMATED P.O. COST: I $1,6oo.oo 1 11 KIEFT HENRY B ASSESSABLE FEET: 50 24-290-001-0008-00 1996 PARK ST. COST PER FOOT: $32.00 @ 1996. PARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,6oo.oo 1 SUM OF ASSESSABLE FOOTAGE: 2046.30 SUM OF ESTIMATED P.O. COST: $65.481.60 I TOTAL NUMBER OF ASSESSABLE PARCELS 11.00 2/1/2005 Page 2 of 2 SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPOI\ISE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By: FEBRUARY 8, 2005 Project Title: PARK ST.,YOUNG AVE. TO LAKETON AVE. Project Description: RECONSTRUCTION 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: 1850 PARK ST Parcel Number 24-131-200-0001-00 Assessable Frontage: 566 Feet Estimated Front Foot Cost: $32.00 per Foot ESTIMATED TOTAL COST $18,112.00 rr.:i' . , > ·. Property Description CITY OF MUSKEGON PART OF NW 1/4 OF NE 114 SEC 31 T10N R16W COM@ A POINT 133FT S & 33FT E OF 1/4 POST BET SEC 30 & 31 TH SPAR WITH & 33FT E OF N/S 1/4 LN SEC 31 566FT TO A POINT 699FT S & 33FT E OF SO 1/4 POST Your voie COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM IN FAVOR D I AM OPPOSED ~ Owner _ _ _ _ _ _ _ _ coowner/Spouse WktT-l4r Q/ttLC LLG Signature Signature ~~;;;;;...._ .. -- Address Address v e 1 rd IV~ Jfj/Lf!-.T Thank you for taking the time to vote on this important issue. 3 SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By: FEBRUARY 8, 2005 Project Title: PARK ST.,YOUNG AVE. TO LAKETON AVE. Project Description: RECONSTRUCTION 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, s1rnpiy ioid on the dotted lines so the address cr. ~~::- 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: 491 W LAKETON AVE Parcel Number 24-131-1 00-0005-00 Assessable Frontage: 631.3 Feet I Estimated Front Foot Cost: $32.00 per Foot H1· i ESTIMATED TOTAL COST $20,201.60 Property Description City Cleri<D (), CITY OF MUSKEGON SEC 31 T10N R16W E 1/2 OF NE 1/4 OF NW 1/4 Your vole COUNTS! Please vote either in favor or opposed to the Special Assessment Street Pavi~l. I AM IN FAVOR D I AM OPPOSED ~ Owner CoQwner/Spouse ~~~~~~~~~~~_;c¥s ------------------------- Signature Signature Address ~~~=+<~~V<Ju· l'tLry<jAddress "'" ?f.'(,c' Thank you for taking the ti to vote on this important issue. SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By: FEBRUARY 8, 2005 Project Title: PARK ST.,YOUNG AVE. TO LAKETON AVE. Project Description: RECONSTRUCTION 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 .Ji<. this special assessment project, sign the form and return it to the City Clerk's Office. To · \ retyrn this card by mail, simply fold on the dolied line5 so the address on the reverse side is l 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 , 1 PROJECT. Assessment Information Property Address: 1956 PARK ST Parcel Number 24-290-001-0001-10 Assessable Frontage: 99 Feet Estimated Front Foot Cost: $32.00 per Foot ESTIMATED TOTAL COST $3,168.00 Property Description CITY OF MUSKEGON ERWIN & KEATINGS ADDITION PART OF BLK 1 & VAG ST & ALLEY COM AT NW COR LOT 1 THS66FT THE 280FT Your vole COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM IN FAVOR D I AM OPPOSED ~ Owner CoOwner/Spouse ~~~---~L-.~.~------- ------------------------- Signature '"0'?1~-L Signature Address P;re 1::- '5/ Address Thank you for taking the time to vote on this impottant issue. 6 SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By: FEBRUARY 8, 2005 Project Title: PARK ST.,YOUNG AVE. TO LAKETON AVE. Project Description: RECONSTRUCTION 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 matl, simply told on !he dmied iines so ihe addre:s:s on the revt::rse ->ide 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: 1922 PARK ST Parcel Number 24-131-200-0003-00 Assessable Frontage: 240 Feet Estimated Front Foot Cost: $32.00 perFoot ESTIMATED TOTAL COST $7,6so.oo 1 1 • Property Description CITY OF MUSKEGON I PT OF NW1/4 OF NE1/4 SEC 31 T10N R16W COM AT APT 659FT S & 33FT E OF NW COR SAID NE1/4 TH S 240FT TON LINE SHELBY AVE 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 lZI Owner CoOwner/Spouse 7-~----~------- ------------------- Signature Signature Address Address Thank you for taking the time to vote on this important issue. 5 H-1588 PARKST, YOUNG AVE. TO LAKETON AVE. PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION FEET PERCENTAGE TOTAL NUMBER OF PARCELS -11 FOR OPPOSE LETTER# ST# STNAME PARCEL# FEET LETTER# ST# ST NAME PARCEL# FEET TOTAL ASSESSABLE FRONT FOOTAGE 2046.30 *"* 7 1968 PARK 24-290-001-0003-00 100.00 1 491 LAKETON W 24-131-100-0005-00 631.30 2 391 LAKETON W 24-131-200-0004-00 100.00 FRONT FEET OPPOSED 1801.30 88.03% 3 1850 PARK 24-131-200-0001-00 566.00 5 1922 PARK 24-131-200-0003-00 240.00 RESPONDING FRONT FEET IN FAVOR 100.00 4.89% 6 1956 PARK 24-290-001-0001-10 99.00 4 1880 PARK 24-131-200-0002-00 165.00 NOT RESPONDING- FRONT FEET IN FAVOR 145.00 7.09% TOTAL FRONT FEET IN FAVOR 245.00 11.97% TOTALS 100.00 1801.30 TABULATED AS OF: 5:04PM 218/2005 5:04PM TABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON PARK ST. SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By: FEBRUARY 8, 2005 Project Title: PARK ST.,YOUNG AVE. TO LAKETON AVE. Project Description: RECONSTRUCTION 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 told on the dotted iines so ihe address on ihe 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: 1968 PARK ST Parcel Number 24-290-001-0003-00 Assessable Frontage: 100 Feet Estimated Front Foot Cost: $32.00 per Foot TF/3 r1' ' ESTIMATED TOTAL COST $3,200.00 Property Description CITY OF MUSKEGON ERWIN & KEATINGS ADDITION BLK 1 LOTS 3 & 4 Your vote COUNTS! w Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM IN FAVOR I AM OPPOSED D Owner (j._ ttJ15 f!. E .);·C~Owner/Spouse Signature ' Signature ------------------------- Address .~ 11<.- L <v·u,L4f I"~ p;(, Address /Jt Uf:. { t=: •J{)t,/,/V//·. i:.f'/V¥1 7 Thank you for taK1ng'the time to vote on this important issue. Feb 08 05 12:28p John Jolman 231-773-7687 p. 1 Feb-OB-06 11,69 P.02 SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count. please Retum This Card By FEBRUARY 8, 2005 Project Title: CLAY AVE .• TERRACE ST. TO SPRING ST. Project Description: RECONSTRUCTION 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 lo 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 F'AVOR" OF PROJECT. Assessment Information Property Address: 39 W CLAY AVE Parcel Number 24·205-177 -0003-00 Assessable Frontage: 33 Feet Estimated Front Foot Cost: $32.00 per Foot ESTIMATED TOTAL COST $1,056.00 RECEIVED CITY OF MUSKEGON Property Descrjpljon CITY 0~ MliSKEGON ' REVISEOPU\TOf 1903 E J/2LOT 3 Al.K 171 L FEB 08 2005 ENGINEERING DEPARTMENT Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM IN PAVOR D I AM OPPOSED tKJ Owner CoOwner/Spouse jl> \V'f\ Qr'- Signature Signature Address va~~~~;;;;:;;:;:;:,.!:;.....!l:J.'r"{ \.{ 1.{ Address Thank you lor taking the time to vote on this important issue. SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By FEBRUARY 8, 2005 Project Title: CLAY AVE.,TERRACE ST. TO SPRING ST. Project Description: RECONSTRUCTION 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: 98 W CLAY AVE Parcel Number 24-205-175-0020-00 Assessable Frontage: 28.5 Feet Estimated Front Foot Cost: $32.00 per Foot RECEIVED ESTIMATED TOTAL COST $912.00 CllY OF MUSKEGON Property Description FEB 08 2005 CITY OF MUSKEGOND !.-· REVISED PLAT OF 19030 ENGINEERING DEPARTMENT W 28FT 5 IN LOT 20 o BLK 175 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 h< I Owner -=.l:"> 1-\i, f) <--··i~~;Hoi'J CoOwner/Spouse - - - - - - - - - - - - Signature ,- ·,~k>JL..~ --~-~-~ Signature Address Sb vJ ('{:;;;;") Address Thank you for taking the time to vote on this important issue. ' ··• "' ,,. '" 3 SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By: FEBRUARY 8, 2005 Project Title: CLAY AVE.,TERRACE ST. TO SPRING ST. Project Description: RECONSTRUCTION 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: 43 WCLAY AVE Parcel Number 24-205-177-0004-00 Assessable Frontage: 61.8 Feet Estimated Front Foot Cost: $32.00 per Foot ESTIMATED TOTAL COST $1,977.60 Property Description CITY OF MUSKEGON REVISED PLAT OF 1903 W 1/2 LOT 3 LOT 4 EXC COM AT NW COR OF SD LOT 132.5 FT TO SW COR OF SD LOT TH ELY ALG SLY LN OF SD LOT 35.7 FT TH NWL Y 132.5 FT Mil TO NL Y LN OF SD 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 ~ Owner ~ 6 /J '" 1 5 ~ CoOwn~r/Spouse Signature , ~"' · Signature fiBLdRS8r-..l hOfLk_I.NS Address Address 'Od.o -fiNG 15 Thank you for taking the time to vote on this important issue. SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By: FEBRUARY 8, 2005 Project Title: CLAY AVE.,TERRACE ST. TO SPRING ST. Project Description: RECONSTRUCTION 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: 103 W CLAY AVE Parcel Number 24-205-176-0003-00 Assessable Frontage: 44.5 Feet Estimated Front Foot Cost: $32.00 per Foot :o·c:'f-• i \ · - :';-l RE ,J ...~.' ' I ESTIMATED TOTAL COST $1,424.00 Property Description CITY OF MUSKEGON City Clerk;: : REVISED PLAT OF 1903 E 44 1/2 FT LOT 3 BLK 176 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 IX I . .;-;:; tl:. . :_e_(_?,.:.UI_c:. .-<=:. .;>. .;Y'_J+-/;~-~- (" !_- CoOwner/Spouse - - - - - - - - - - - - 1 Owner Signature [>' ~- <:.: A-tic> ~j Signature Address 10·-~~ LLJ. Cit"/ Address Thank you for taking the time to vote on this important issue. 10 1 :r=- A Jl\ c, f'pu::..e cl _I t~o vI J I 1 V-c.. n n'' <.\ ·\ \, ;'' ' i,-- ) " ~-; (-) Commission Meeting Date: February 8, 2005 Date: January 31, 2005 To: Honorable Mayor & City Commission From: Planning & Economic Development Department CJO'- RE: Brownfield Site Assessment Professional Services Agreement- Environmental Consultants SUMMARY OF REQUEST: To approve the attached "Professional Services Agreement" ("Agreemenf') for environmental services related to the Site Assessment Grant/Loan received by the City. This same Agreement will be used between the City and each of the four firms approved by the Commission (i.e., Prein & Newhof, P.S., Westshore Engineering, ERM, Inc., Horizon Environmental). FINANCIAL IMPACT: The payments to the environmental consultants will be made from the Site Assessment Grant/Loan through the Michigan Department of Environmental Quality. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the attached Agreement between the City of Muskegon and the four approved environmental consultants, and authorize the Mayor and Clerk to sign the Agreements. COMMITTEE RECOMMENDATION: None. PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, by and between CITY OF MUSKEGON ("City"), a municipal corporation, whose offices are located at 933 Terrace Street, Muskegon, Michigan 49440, and fJre~ n.! l,)whJ' ("Consultant") of t..t_q I o Shr: he. IOV"· , Vlt\..~ ~n (}1! S{ ~4.4.l I I WITNESSETH: SCOPE OF SERVICES. The City hereby contracts with Consultant to perform the following described professional services, hereinafter collectively referred to as the Scope of Services, with regard to the City's Project as described or as referred to as Brownfield consulting services with specific scope of work to be defined in project-specific work plans. Consultant's Proposal dated , 200_ is hereby incorporated into this Agreement. CONSULTANT'S COMPENSATION. Consultant shall be paid for all services rendered as defined in individual project-specific work plans. CITY'S REPRESENTATIVE. The City has designated Anne P. Couture the official Representative of the City. As such, the Representative shall be responsible for the execution of any document pertaining to this Agreement or any amendment thereto, and for the approval of all change orders, addenda, and additional services to be performed by Consultant. TERMS AND CONDITIONS. Consultant's Terms and Conditions of contract, as printed on page 3 hereof, shall apply to all work performed by Consultant pursuant to this Agreement unless otherwise specifically agreed in writing. Where the City issues a purchase order to authorize Consultant's undertaking to perform professional services, that undertaking will be governed by the Terms and Conditions and Additional Provisions, if any, of this Agreement. ADDITIONAL PROVISIONS; ENTIRE AGREEMENT. The City and Consultant mutually agree that the rights and obligations of the parties under this Agreement shall be further governed by the additional provisions indicated below and attached hereto, and that such Additional Provisions, together with the Terms and Conditions printed on page 3 hereof are intended by the City and Consultant as a final expression and complete and exclusive statement of their agreement. 0:\Planning\CLARKE\WORD\Site Assessment. Professional Agt Revised 1.3\.0S.doc The parties have executed this Agreement and it is made effective on this~ day of &hruay ,2oor C:\Documents and Settings\bem\Local Settings\Temporary Internet Fi\es\OLK3\Site Assessment Professional Agt 1 05 REVISED.doc TERMS AND CONDITIONS The following terms and conditions shall be a part of Environmental Resources Management's ("Consultant") contractual undertaking to perform professional services, and Consultant's undertaking to perform such services and to enter into this Agreement is expressly conditioned on CITY OF MUSKEGON's ("City") assent to such Terms and Conditions, nothwithstanding any additional or conflicting Terms and Conditions of City, which are hereby expressly objected to and rejected by Consultant. Where the City issues a purchase order to authorize Consultant's undertaking to perform professional services, that undertaking will be governed by the Terms and Conditions and Additional Provisions, if any, of this Agreement. I. PERFORMANCE. Consultant shall exercise due care in performing professional design and other professional services, but Consultant makes no warranty, express or implied, with respect to any services performed hereunder. 2. ADDITIONAL SERVICES. Additional Services other than those rendered pursuant to any additional provisions attached hereto, or any subsequent modifications hereto, shall only be authorized by written amendment to this Agreement signed on behalf of City and Consultant. All additional services shall nevertheless be performed by Consultant subject to these Terms and Conditions. 3. SUBCONTRACTORS. Consultant may engage subcontractors on behalf of City to perform a portion of the services to be provided by Consultant hereunder. 4. TERMINATION. This Agreement may be terminated by either party upon 7 days prior written notice. In the event of termination, Consultant shall be paid up to the effective date of termination for all services rendered by it, and all drawings or other documents prepared by Consultant shall remain the property of Consultant and not be delivered to City until all monies owed to Consultant by City (whether or not such monies have then become due and payable) have been paid. Consultant assumes no liability for the use of drawings and other documents delivered to the City under this clause, unless otherwise specifically agreed to in writing. 5. PAYMENT. Consultant shall bill for services rendered and reimbursable costs incurred on a monthly basis. Each invoice shall be due and payable within 15 days of the presentation of the invoice. Invoices over 30 days past due will be charged monthly interest at the rate of I 2% per annum on the unpaid balance or the highest lawful rate, whichever is Jess. City hereby waives any defense of usury with regard to said rate of interest. Consultant may, after 7 days written notice to City, suspend performance of services until all past due amounts are paid. 6. MEDIATION. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the City and R:\REMD\City of Muskegon\SAF 2005 Grant\Muskcgon Brownfield Contract 02-07-0S.doc Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. 7. INSURANCE. Upon request, Consultant will furnish City a written description of insurance coverages then being maintained by Consultant which may be related to Consultant's performance of services hereunder. No oral representations regarding insurance shall be binding upon Consultant. 8. COST ESTIMATES. Since Consultant has no control over the cost oflabor and materials or over competitive bidding and market conditions, any estimates of equipment, construction, or operating costs will be made on the basis of Consultant's experience, by Consultant. Consultant does not warrant the accuracy of such estimates as compared to contractor's bids or actual costs incurred. 9. SITE ACCESS AND SECURITY. Unless specifically expressed otherwise as services to be undertaken by Consultant, City is solely responsible for all aspects of site security and for obtaining any necessary permission from any affected third party property owners for use of their lands. Client shall obtain signed Authorization(s) for Entry and Use of Land as necessary for Consultant to perform its Services. 10. UNDERGROUND STRUCTURES OR UTILITIES. In the performance of its services, Consultant will take all reasonable care and precautions to avoid damage to underground structures or utilities. 11. WAIVER. No waiver, discharge, or renunciation of any claim or right of Consultant arising out of breach of this Agreement by City shall be effective unless in writing signed by Consultant and supported by separate consideration. 12. GOVERNING LAW. This Agreement shall be deemed to have been made in Muskegon County, Michigan, and shall be governed by, and construed in accordance with the laws of the State of Michigan. 13. SHOP DRAWINGS. If shop drawing review is provided under this Agreement, Consultant will check and review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of materials and equipment, and all other data which the Contractor is required to submit, only for conformance with the design concept of the Project and compliance with the information given by the construction Contract Documents. 14. CONSTRUCTION PHASE SERVICES. Unless specifically authorized to provide construction inspection or construction management services, Consultant assumes no liability with regard to the compliance of construction to Contract Documents prepared by Consultant. R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-05.doc 15. FEDERAL/LOCAL RIGHT-TO-KNOW COMPLIANCE. In compliance with the Federal Hazard Communication Standards and applicable local laws or ordinances, City shall provide Consultant with a list of hazardous substances in the work place to which Consultant's employees or subcontractors may be exposed to while executing this Agreement to the extent that City is aware of such. R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-0S.doc ADDITIONAL PROVISIONS ENVIRONMENTAL SERVICES I. STANDARD CARE, WARRANTY, AND OWNERSHIP. Services performed by Consultant under this Agreement shall be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other warranty expressed or implied is made. Nothing implied by this Agreement or Consultant's other dealings with City shall be interpreted or construed to make Consultant the owner or generator of any waste, contamination, or contaminated product, land or buildings related to the subject matter of this Agreement. Client shall retain ownership and all responsibility for all contaminants and wastes. 2. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIAL. The discovery of unanticipated hazardous materials encountered during the execution of any work as related to this Agreement shall constitute a changed condition and a change in the Scope of Services and, therefore, a change in Consultant's Compensation. Consultant will notify City as soon as practically possible and agree to an adjustment in the Agreement pursuant to paragraph 2 of the Terms and Conditions. 3. USE OF CITY'S DATA. Consultant prefers to generate and interpret all data used for design or any other consulting purposes. However, if City furnishes data to Consultant for use in performing services provided by Consultant, Consultant will furnish no warranties, either implied or expressed, as to the accuracy of such data or its completeness for its intended use. City retains all responsibility for the quality of any and all data furnished to Consultant which has been generated by anyone other than Consultant. 4. TECHNICAL APPROACH. All work is performed with City's acceptance that field and design techniques are evolving and the standards and regulations are subject to rapid change such that selected acceptable, effective design approaches may become superseded by the time of execution. Such change will constitute a changed condition requiring an adjustment in the Scope of Services and in Consultant's compensation. 5. CITY'S RESPONSIBILITY TO NOTIFY CONSULTANT. City hereby warrants that if he knows or has any reason to assume or suspect that hazardous materials may exist at the project site, he has so informed Consultant. 6. DATA COLLECTION. If City specifies sampling, testing, boring, or well locations, Consultant reserves the right to deviate a reasonable distance from the location specified. If the site conditions prevent the performance of the work at or near the designated locations and these site conditions were not previously made R:\REMD\City ofMuskcgon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-0S.doc known to Consultant, the parties shall attempt to designate alternative locations which may constitute a change in the Scope of Services and therefore may require an adjustment in Consultant's compensation. R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskegon Brownfield Conrract 02~07-0S.doc ADDITIONAL PROVISIONS ENVIRONMENTAL SITE ASSESSMENTS I. SCOPE OF SERVICES. These additional provisions shall apply to Scope of Services referred to separately or collectively as: Phase I Site Assessment, Phase II Site Assessment, Environmental Inspections, or Environmental Audit. 2. RIGHT OF ENTRY AND USE OF LAND. City hereby permits employees, agents, representatives, and subcontractors of Consultant's to enter, use and move freely about the Project site to perform their work. Consultant will take all reasonable precautions to minimize any damage to the property. City understands and accepts that the work involved may result in some disturbance of the surface and/or the subsurface of the property. 3. FAILURE TO ENCOUNTER HAZARDOUS MATERIALS. City understands that failure to discover hazardous materials does not guarantee that hazardous materials do not exist at the project site and that a non-contaminated site may later become contaminated. Therefore, although Consultant will use all reasonable care and a level of skill ordinarily exercised by members of the profession currently practicing under similar conditions, City agrees that Consultant shall not be responsible for failure to detect the presence of hazardous materials through techniques and practices commonly used for the purpose unless such failure is caused by the sole negligence of Consultant. 4. STATE OF THE ART. City understands and accepts that field techniques and analytical capabilities are evolving and that the standards and regulations are subject to rapid change such that currently acceptable investigative approaches and techniques may become superseded by the time of execution. Such change will constitute a changed condition requiring adjustment in Scope of Services and Consultant's Compensation. 5. SAMPLING LOCATIONS. If City specifies a sampling or boring location, Consultant reserves the right to deviate a reasonable distance from the location specified. If the site conditions prevent sampling or drilling at or near the designated locations and these conditions were unknown to Consultant, the parties shall attempt to designate alternate locations which may constitute a change in the Scope of Services and Consultant's Compensation. 6. ENVIRONMENTAL SITE ASSESSMENT REPORTS. The intent of this assignment is detailed in the Scope of Services and all aspects of that work will be addressed in the report. City understands that: a. Consultant will give no opinion regarding the retention of existing permits or procurement of new permits. R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-05.doc b. Consultant will make no representations or warranties regarding the market value of any property or its use for a particular purpose. c. Consultant will make no representations or warranties regarding the actual costs which may be associated with any environmental remediation at this site. Any opinions presented with regard to possible remediation are estimates only, and the actual costs may be substantially different. d. No report constitutes legal advice, nor does Consultant purport to give legal advice. e. Certain information contained in any report may be provided by agencies and/or personal interviews. Consultant will make no representations or warranties that such information is accurate or that any independent investigation, beyond the agreed upon Scope of Services, has been or will be made to verify the accuracy of such information. R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-0S.doc PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, by and between CITY OF MUSKEGON ("City"), a municipal corporation, whose offices are located at 933 Terrace Street, Muskegoni?Jichigan 49440, and \M<>-\<;Nir-< C,oo.sui~'Consultant") of ~5 3<1 ~ ltJ.Ltc_ &-e ~k:. I Mu.s ~hI mi 4: q'fl..flf WITNESSETH: SCOPE OF SERVICES. The City hereby contracts with Consultant to perform the following described professional services, hereinafter collectively referred to as the Scope of Services, with regard to the City's Project as described or as referred to as Brownfield consulting services with specific scope of work to be defined in project-specific work plans. Consultant's Proposal dated , 200_ is hereby incorporated into this Agreement. CONSULTANT'S COMPENSATION. Consultant shall be paid for all services rendered as defined in individual project-specific work plans. CITY'S REPRESENTATIVE. The City has designated Anne P. Couture the official Representative of the City. As such, the Representative shall be responsible for the execution of any document pertaining to this Agreement or any amendment thereto, and for the approval of all change orders, addenda, and additional services to be performed by Consultant. TERMS AND CONDITIONS. Consultant's Terms and Conditions of contract, as printed on page 3 hereof, shall apply to all work performed by Consultant pursuant to this Agreement unless otherwise specifically agreed in writing. Where the City issues a purchase order to authorize Consultant's undertaking to perform professional services, that undertaking will be governed by the Terms and Conditions and Additional Provisions, if any, of this Agreement. ADDITIONAL PROVISIONS; ENTIRE AGREEMENT. The City and Consultant mutually agree that the rights and obligations of the parties under this Agreement shall be further governed by the additional provisions indicated below and attached hereto, and that such Additional Provisions, together with the Terms and Conditions printed on page 3 hereof are intended by the City and Consultant as a final expression and complete and exclusive statement of their agreement. 0:\P!anning\CLARKE\WORD\Site Assessment.Professional Agt Revised 1.31.05.doc The parties have executed this Agreement and it is made effective on this f? r-4 day of febr11a§f , 2005. C:\windows\TEMP\Site AssessmentProfessional Agt. 1.05 REVISEDI.doc TERMS AND CONDITIONS The following terms and conditions shall be a part of Westshore Consulting's ("Consultant") contractual undertaking to perform professional services, and Consultant's undertaking to perform such services and to enter into this Agreement is expressly conditioned on CITY OF MUSKEGON's ("City") assent to such Terms and Conditions, nothwithstanding any additional or conflicting Terms and Conditions of City, which are hereby expressly objected to and rejected by Consultant. Where the City issues a purchase order to authorize Consultant's undertaking to perform professional services, that undertaking will be governed by the Terms and Conditions and Additional Provisions, if any, of this Agreement. I. PERFORMANCE. Consultant shall exercise due care in performing professional design and other professional services, but Consultant makes no warranty, express or implied, with respect to any services performed hereunder. 2. ADDITIONAL SERVICES. Additional Services other than those rendered pursuant to any additional provisions attached hereto, or any subsequent modifications hereto, shall only be authorized by written amendment to this Agreement signed on behalf of City and Consultant. All additional services shall nevertheless be performed by Consultant subject to these Terms and Conditions. 3. SUBCONTRACTORS. Consultant may engage subcontractors on behalf of City to perform a portion of the services to be provided by Consultant hereunder. 4. TERMINATION. This Agreement may be terminated by either party upon 7 days prior written notice. In the event of termination, Consultant shall be paid up to the effective date of termination for all services rendered by it, and all drawings or other documents prepared by Consultant shall remain the property of Consultant and not be delivered to City until all monies owed to Consultant by City (whether or not such monies have then become due and payable) have been paid. Consultant assumes no liability for the use of drawings and other documents delivered to the City under this clause, unless otherwise specifically agreed to in writing. ' 5. PAYMENT. Consultant shall bid for services rendered and reimbursable costs incurred on a monthly basis. Each invoice shall be due and payable within 15 days of the presentation of the invoice. Invoices over 30 days past due will be charged monthly interest at the rate of 12% per annum on the unpaid balance or the highest lawful rate, whichever is less. City hereby waives any defense of usury with regard to said rate of interest. Consultant may, after 7 days written notice to City, suspend performance of services until all past due amounts are paid. 6. MEDIATION. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the City and C:\windows\TEMP\Site Assessment. Professional Agt. 1.05 REVISED !.doc Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. 7. INSURANCE. Upon request, Consultant will furnish City a written description of insurance coverages then being maintained by Consultant which may be related to Consultant's performance of services hereunder. No oral representations regarding insurance shall be binding upon Consultant. 8. COST ESTIMATES. Since Consultant has no control over the cost oflabor and materials or over competitive bidding and market conditions, any estimates of equipment, construction, or operating costs will be made on the basis of Consultant's experience. Consultant does not warrant the accuracy of such estimates as compared to contractor's bids or actual costs incurred. 9. SITE ACCESS AND SECURITY. Unless specifically expressed otherwise as services to be undertaken by Consultant, City is solely responsible for all aspects of site security and for obtaining any necessary permission from any affected third party property owners for use of their lands. Client shall obtain signed Authorization(s) for Entry and Use of Land as necessary for Consultant to perform its Services. I 0. UNDERGROUND STRUCTURES OR UTILITIES. In the performance of its services, Consultant will take all reasonable care and precautions to avoid damage to underground structures or utilities. II. WAIVER. No waiver, discharge, or renunciation of any claim or right of Consultant arising out of breach of this Agreement by City shall be effective unless in writing signed by Consultant and supported by separate consideration. 12. GOVERNING LAW. This Agreement shall be deemed to have been made in Muskegon County, Michigan, and shall be governed by, and construed in accordance with the laws of the State of Michigan. 13. SHOP DRAWINGS. If shop drawing review is provided under this Agreement, Consultant will check and review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of materials and equipment, and all other data which the Contractor is required to submit, only for conformance with the design concept of the Project and compliance with the information given by the construction Contract Documents. 14. CONSTRUCTION PHASE SERVICES. Unless specifically authorized to provide construction inspection or construction management services, Consultant assumes no liability with regard to the compliance of construction to Contract Documents prepared by Consultant. C:\windows\TEMP\Site Asscssment.Professional Agt. 1.05 REVISEDI.doc 15. FEDERAL/LOCAL RIGHT-TO-KNOW COMPLIANCE. In compliance with the Federal Hazard Communication Standards and applicable local laws or ordinances, City shall provide Consultant with a list of hazardous substances in the work place to which Consultant's employees or subcontractors may be exposed to while executing this Agreement to the extent that City is aware of such. C:\windows\TEMP\Site Assessment. Professional Agt. 1.05 REVISED! .doc ADDITIONAL PROVISIONS ENVIRONMENTAL SERVICES 1. STANDARD CARE, WARRANTY, AND OWNERSHIP. Services performed by Consultant under this Agreement shall be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other warranty expressed or implied is made. Nothing implied by this Agreement or Consultant's other dealings with City shall be interpreted or construed to make Consultant the owner or generator of any waste, contamination, or contaminated product, land or buildings related to the subject matter of this Agreement. Client shall retain ownership and all responsibility for all contaminants and wastes. 2. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIAL. The discovery of unanticipated hazardous materials encountered during the execution of any work as related to this Agreement shall constitute a changed condition and a change in the Scope of Services and, therefore, a change in Consultant's Compensation. Consultant will notify City as soon as practically possible and agree to an adjustment in the Agreement pursuant to paragraph 2 of the Terms and Conditions. 3. USE OF CITY'S DATA. Consultant prefers to generate and interpret all data used for design or any other consulting purposes. However, if City furnishes data to Consultant for use in performing services provided by Consultant, Consultant will furnish no warranties, either implied or expressed, as to the accuracy of such data or its completeness for its intended use. City retains all responsibility for the quality of any and all data furnished to Consultant which has been generated by anyone other than Consultant. 4. TECHNICAL APPROACH. All work is performed with City's acceptance that field and design techniques are evolving and the standards and regulations are subject to rapid change such that selected acceptable, effective design approaches may become superseded by the time of execution. Such change will constitute a changed condition requiring an adjustment in the Scope of Services and in Consultant's compensation. 5. CITY'S RESPONSIBILITY TO NOTIFY CONSULTANT. City hereby warrants that if he knows or has any reason to assume or suspect that hazardous materials may exist at the project site, he has so informed Consultant. 6. DATA COLLECTION. If City specifies sampling, testing, boring, or well locations, Consultant reserves the right to deviate a reasonable distance from the location specified. If the site conditions prevent the performance of the work at or near the designated locations and these site conditions were not previously made C:\windows\TEMP\Site Assessment Professional Agt. 1.05 REVISED !.doc known to Consultant, the parties shall attempt to designate alternative locations which may constitute a change in the Scope of Services and therefore may require an adjustment in Consultant's compensation. C:\windows\TEMP\Site Assessment. Professional Agt. 1.05 REVISEDI.doc ADDITIONAL PROVISIONS ENVIRONMENTAL SITE ASSESSMENTS I. SCOPE OF SERVICES. These additional provisions shall apply to Scope of Services referred to separately or collectively as: Phase I Site Assessment, Phase II Site Assessment, Environmental Inspections, or Environmental Audit. 2. RIGHT OF ENTRY AND USE OF LAND. City hereby permits employees, agents, representatives, and subcontractors of Consultant's to enter, use and move freely about the Project site to perform their work. Consultant will take all reasonable precautions to minimize any damage to the property. City understands and accepts that the work involved may result in some disturbance of the surface and/or the subsurface of the property. 3. FAILURE TO ENCOUNTER HAZARDOUS MATERIALS. City understands that failure to discover hazardous materials does not guarantee that hazardous materials do not exist at the project site and that a non-contaminated site may later become contaminated. Therefore, although Consultant will use all reasonable care and a level of skill ordinarily exercised by members of the profession currently practicing under similar conditions, City agrees that Consultant shall not be responsible for failure to detect the presence of hazardous materials through techniques and practices commonly used for the purpose unless such failure is caused by the sole negligence of Consultant. 4. STATE OF THE ART. City understands and accepts that field techniques and analytical capabilities are evolving and that the standards and regulations are subject to rapid change such that currently acceptable investigative approaches and techniques may become superseded by the time of execution. Such change will constitute a changed condition requiring adjustment in Scope of Services and Consultant's Compensation. 5. SAMPLING LOCATIONS. If City specifies a sampling or boring location, Consultant reserves the right to deviate a reasonable distance from the location specified. If the site conditions prevent sampling or drilling at or near the designated locations and these conditions were unknown to Consultant, the parties shall attempt to designate alternate locations which may constitute a change in the Scope of Services and Consultant's Compensation. 6. ENVIRONMENTAL SITE ASSESSMENT REPORTS. The intent of this assignment is detailed in the Scope of Services and all aspects of that work will be addressed in the report. City understands that: a. Consultant will give no opinion regarding the retention of existing permits or procurement of new permits. C:\windows\TEMP\Site Assessment Professional Agt 1.05 REVISEDI.doc b. Consultant will make no representations or warranties regarding the market value of any property or its use for a particular purpose. c. Consultant will make no representations or warranties regarding the actual costs which may be associated with any environmental remediation at this site. Any opinions presented with regard to possible remediation are estimates only, and the actual costs may be substantially different. d. No report constitutes legal advice, nor does Consultant purport to give legal advice. e. Certain information contained in any report may be provided by agencies and/or personal interviews. Consultant will make no representations or warranties that such information is accurate or that any independent investigation, beyond the agreed upon Scope of Services, has been or will be made to verifY the accuracy of such information. C:\windows\TEMP\Site Assessment. Professional Agt. 1.05 REVISEDI.doc PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, by and between CITY OF MUSKEGON ("City"), a municipal corporation, whose offices are located at 933 Terrace Street, Muskegon, Michigan 49440, and Environmental Resources Management, Inc., 3352 128'h Avenue, Holland, Michigan 49424 ("Consultant"). WITNESSETH: SCOPE OF SERVICES. The City hereby contracts with Consultant to perform the following described professional services, hereinafter collectively referred to as the Scope of Services, with regard to the City's Project as described or as referred to as Brownfield consulting services with specific scope of work to be defined in project-specific work plans. Consultant's Proposal dated January 6, 2005 is hereby incorporated into this Agreement. CONSULTANT'S COMPENSATION. Consultant shall be paid for all services rendered as defined in individual project-specific work plans. CITY'S REPRESENTATIVE. The City has designated Anne P. Couture the official Representative of the City. As such, the Representative shall be responsible for the execution of any document pertaining to this Agreement or any amendment thereto, and for the approval of all change orders, addenda, and additional services to be performed by Consultant. TERMS AND CONDITIONS. Consultant's Terms and Conditions of contract, as printed on page 3 hereof, shall apply to all work performed by Consultant pursuant to this Agreement unless otherwise specifically agreed in writing. Where the City issues a purchase order to authorize Consultant's undertaking to perform professional services, that undertaking will be governed by the Terms and Conditions and Additional Provisions, if any, of this Agreement. ADDITIONAL PROVISIONS; ENTIRE AGREEMENT. The City and Consultant mutually agree that the rights and obligations of the parties under this Agreement shall be further governed by the additional provisions indicated below and attached hereto, and that such Additional Provisions, together with the Terms and Conditions printed on page 3 hereof are intended by the City and Consultant as a final expression and complete and exclusive statement of their agreement. R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-0S.doc The parties have executed this Agreement and it is made effective on this f? p, day of tehrtta# ,200~ ENVIRONMENTAL RESOURCES MANAGEMENT, INC. By D/ e rlt:A/1 Thomas P. O'Connell, Its Principal By '/\L···~~~ 1:£::-t::: J. Steven Koster, Its Principal and Branch Manager R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-0S.doc TERMS AND CONDITIONS The following terms and conditions shall be a part of Environmental Resources Management's ("Consultant") contractual undertaking to perform professional services, and Consultant's undertaking to perform such services and to enter into this Agreement is expressly conditioned on CITY OF MUSKEGON's ("City") assent to such Terms and Conditions, nothwithstanding any additional or conflicting Terms and Conditions of City, which are hereby expressly objected to and rejected by Consultant. Where the City issues a purchase order to authorize Consultant's undertaking to perform professional services, that undertaking will be governed by the Terms and Conditions and Additional Provisions, if any, of this Agreement. 1. PERFORMANCE. Consultant shall exercise due care in performing professional design and other professional services, but Consultant makes no warranty, express or implied, with respect to any services performed hereunder. 2. ADDITIONAL SERVICES. Additional Services other than those rendered pursuant to any additional provisions attached hereto, or any subsequent modifications hereto, shall only be authorized by written amendment to this Agreement signed on behalf of City and Consultant. All additional services shall nevertheless be performed by Consultant subject to these Terms and Conditions. 3. SUBCONTRACTORS. Consultant may engage subcontractors on behalf of City to perform a portion of the services to be provided by Consultant hereunder. 4. TERMINATION. This Agreement may be terminated by either party upon 7 days prior written notice. In the event of termination, Consultant shall be paid up to the effective date of termination for all services rendered by it, and all drawings or other documents prepared by Consultant shall remain the property of Consultant and not be delivered to City until all monies owed to Consultant by City (whether or not such monies have then become due and payable) have been paid. Consultant assumes no liability for the use of drawings and other documents delivered to the City under this clause, unless otherwise specifically agreed to in writing. 5. PAYMENT. Consultant shall bill for services rendered and reimbursable costs incurred on a monthly basis. Each invoice shall be due and payable within 15 days of the presentation of the invoice. Invoices over 30 days past due will be charged monthly interest at the rate of 12% per annum on the unpaid balance or the highest lawful rate, whichever is less. City hereby waives any defense of usury with regard to said rate of interest. Consultant may, after 7 days written notice to City, suspend performance of services until all past due amounts are paid. 6. MEDIATION. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the City and R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-0S.doc Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. 7. INSURANCE. Upon request, Consultant will furnish City a written description of insurance coverages then being maintained by Consultant which may be related to Consultant's performance of services hereunder. No oral representations regarding insurance shall be binding upon Consultant. 8. COST ESTIMATES. Since Consultant has no control over the cost oflabor and materials or over competitive bidding and market conditions, any estimates of equipment, construction, or operating costs will be made on the basis of Consultant's experience, by Consultant. Consultant does not warrant the accuracy of such estimates as compared to contractor's bids or actual costs incurred. 9. SITE ACCESS AND SECURITY. Unless specifically expressed otherwise as services to be undertaken by Consultant, City is solely responsible for all aspects of site security and for obtaining any necessary permission from any affected third party property owners for use of their lands. Client shall obtain signed Authorization(s) for Entry and Use of Land as necessary for Consultant to perform its Services. 10. UNDERGROUND STRUCTURES OR UTILITIES. In the performance of its services, Consultant will take all reasonable care and precautions to avoid damage to underground structures or utilities. 11. WAIVER. No waiver, discharge, or renunciation of any claim or right of Consultant arising out of breach of this Agreement by City shall be effective unless in writing signed by Consultant and supported by separate consideration. 12. GOVERNING LAW. This Agreement shall be deemed to have been made in Muskegon County, Michigan, and shall be governed by, and construed in accordance with the laws of the State of Michigan. 13. SHOP DRAWINGS. If shop drawing review is provided under this Agreement, Consultant will check and review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of materials and equipment, and all other data which the Contractor is required to submit, only for conformance with the design concept of the Project and compliance with the information given by the construction Contract Documents. 14. CONSTRUCTION PHASE SERVICES. Unless specifically authorized to provide construction inspection or construction management services, Consultant assumes no liability with regard to the compliance of construction to Contract Documents prepared by Consultant. R:\REMD\City ofMuskcgon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-0S.doc 15. FEDERAL/LOCAL RIGHT-TO-KNOW COMPLIANCE. In compliance with the Federal Hazard Communication Standards and applicable local laws or ordinances, City shall provide Consultant with a list of hazardous substances in the work place to which Consultant's employees or subcontractors may be exposed to while executing this Agreement to the extent that City is aware of such. R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-0S.doc ADDITIONAL PROVISIONS ENVIRONMENTAL SERVICES 1. STANDARD CARE, WARRANTY, AND OWNERSHIP. Services performed by Consultant under this Agreement shall be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other warranty expressed or implied is made. Nothing implied by this Agreement or Consultant's other dealings with City shall be interpreted or construed to make Consultant the owner or generator of any waste, contamination, or contaminated product, land or buildings related to the subject matter of this Agreement. Client shall retain ownership and all responsibility for all contaminants and wastes. 2. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIAL. The discovery of unanticipated hazardous materials encountered during the execution of any work as related to this Agreement shall constitute a changed condition and a change in the Scope of Services and, therefore, a change in Consultant's Compensation. Consultant will notifY City as soon as practically possible and agree to an adjustment in the Agreement pursuant to paragraph 2 of the Terms and Conditions. 3. USE OF CITY'S DATA. Consultant prefers to generate and interpret all data used for design or any other consulting purposes. However, if City furnishes data to Consultant for use in performing services provided by Consultant, Consultant will furnish no warranties, either implied or expressed, as to the accuracy of such data or its completeness for its intended use. City retains all responsibility for the quality of any and all data furnished to Consultant which has been generated by anyone other than Consultant. 4. TECHNICAL APPROACH. All work is performed with City's acceptance that field and design techniques are evolving and the standards and regulations are subject to rapid change such that selected acceptable, effective design approaches may become superseded by the time of execution. Such change will constitute a changed condition requiring an adjustment in the Scope of Services and in Consultant's compensation. 5. CITY'S RESPONSIBILITY TO NOTIFY CONSULTANT. City hereby warrants that if he knows or has any reason to assume or suspect that hazardous materials may exist at the project site, he has so informed Consultant. 6. DATA COLLECTION. If City specifies sampling, testing, boring, or well locations, Consultant reserves the right to deviate a reasonable distance from the location specified. If the site conditions prevent the performance of the work at or near the designated locations and these site conditions were not previously made R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-0S.doc known to Consultant, the pmiies shall attempt to designate alternative locations which may constitute a change in the Scope of Services and therefore may require an adjustment in Consultant's compensation. R:\REMD\City of Muskegon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-05.doc ADDITIONAL PROVISIONS ENVIRONMENTAL SITE ASSESSMENTS 1. SCOPE OF SERVICES. These additional provisions shall apply to Scope of Services referred to separately or collectively as: Phase I Site Assessment, Phase II Site Assessment, Environmental Inspections, or Environmental Audit. 2. RIGHT OF ENTRY AND USE OF LAND. City hereby permits employees, agents, representatives, and subcontractors of Consultant's to enter, use and move freely about the Project site to perform their work. Consultant will take all reasonable precautions to minimize any damage to the property. City understands and accepts that the work involved may result in some disturbance of the surface and/or the subsurface of the property. 3. FAILURE TO ENCOUNTER HAZARDOUS MATERIALS. City understands that failure to discover hazardous materials does not guarantee that hazardous materials do not exist at the project site and that a non-contaminated site may later become contaminated. Therefore, although Consultant will use all reasonable care and a level of skill ordinarily exercised by members of the profession currently practicing under similar conditions, City agrees that Consultant shall not be responsible for failure to detect the presence of hazardous materials through techniques and practices commonly used for the purpose unless such failure is caused by the sole negligence of Consultant. 4. STATE OF THE ART. City understands and accepts that field techniques and analytical capabilities are evolving and that the standards and regulations are subject to rapid change such that currently acceptable investigative approaches and techniques may become superseded by the time of execution. Such change will constitute a changed condition requiring adjustment in Scope of Services and Consultant's Compensation. 5. SAMPLING LOCATIONS. If City specifies a sampling or boring location, Consultant reserves the right to deviate a reasonable distance from the location specified. If the site conditions prevent sampling or drilling at or near the designated locations and these conditions were unknown to Consultant, the parties shall attempt to designate alternate locations which may constitute a change in the Scope of Services and Consultant's Compensation. 6. ENVIRONMENTAL SITE ASSESSMENT REPORTS. The intent of this assignment is detailed in the Scope of Services and all aspects of that work will be addressed in the report. City understands that: a. Consultant will give no opinion regarding the retention of existing permits or procurement of new permits. R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-0S.doc b. Consultant will make no representations or warranties regarding the market value of any property or its use for a particular purpose. c. Consultant will make no representations or warranties regarding the actual costs which may be associated with any environmental remediation at this site. Any opinions presented with regard to possible remediation are estimates only, and the actual costs may be substantially different. d. No report constitutes legal advice, nor does Consultant purport to give legal advice. e. Certain information contained in any report may be provided by agencies and/or personal interviews. Consultant will make no representations or warranties that such information is accurate or that any independent investigation, beyond the agreed upon Scope of Services, has been or will be made to verify the accuracy of such information. R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-0S.doc PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, by and between CITY OF MUSKEGON ("City"), a municipal corporation, whose offices are located at 933 Terrace Street, Muskegon, Michigan 49440, and \;tt>f~'UJVIUtllh"on..u.n-\a..\("Consultant") of L\tJJ I 5o!'- ~t. 6t: b\Ct~,VJd 1&-pidc;. 1 Vl'\i. (m'fo<c.<--t\on I WITNESSETH: SCOPE OF SERVICES. The City hereby contracts with Consultant to perform the following described professional services, hereinafter collectively referred to as the Scope of Services, with regard to the City's Project as described or as referred to as Brownfield consulting services with specific scope of work to be defined in project-specific work plans. Consultant's Proposal dated , 200_ is hereby incorporated into this Agreement. CONSULT ANT'S COMPENSATION. Consultant shall be paid for all services rendered as defined in individual project-specific work plans. CITY'S REPRESENTATIVE. The City has designated Anne P. Couture the official Representative of the City. As such, the Representative shall be responsible for the execution of any document pertaining to this Agreement or any amendment thereto, and for the approval of all change orders, addenda, and additional services to be performed by Consultant. TERMS AND CONDITIONS. Consultant's Terms and Conditions of contract, as printed on page 3 hereof, shall apply to all work performed by Consultant pursuant to this Agreement unless otherwise specifically agreed in writing. Where the City issues a purchase order to authorize Consultant's undertaking to perform professional services, that undertaking will be governed by the Terms and Conditions and Additional Provisions, if any, of this Agreement. ADDITIONAL PROVISIONS; ENTIRE AGREEMENT. The City and Consultant mutually agree that the rights and obligations of the parties under this Agreement shall be further governed by the additional provisions indicated below and attached hereto, and that such Additional Provisions, together with the Terms and Conditions printed on page 3 hereof are intended by the City and Consultant as a final expression and complete and exclusive statement of their agreement. 0:\Pianning\CLARKE\WORD\Site Assessment.Professional Agt Revised 1.31.05.doc The parties have executed this Agreement and it is made effective on this~ day of Ji/.;fl.LJJ['T-' 20~ HORIZON ENVIRONMENTAL CORPORATION By~,./-'-"'~'-'-""---'----h-=-·_j+-;f'f 6--,--· ··,---'-'...-.--:------,---: Charlene A. McGu Its Managing Principal By¥~ r;:Q~ William T. Davidson, Project Manager F:\Bdavidson\PROJECTS\Muskegon\PSA-Muskegon.DOC TERMS AND CONDITIONS The following terms and conditions shall be a part of Environmental Resources Management's ("Consultant") contractual undertaking to perform professional services, and Consultant's undertaking to perform such services and to enter into this Agreement is expressly conditioned on CITY OF MUSKEGON's ("City") assent to such Terms and Conditions, nothwithstanding any additional or conflicting Terms and Conditions of City, which are hereby expressly objected to and rejected by Consultant. Where the City issues a purchase order to authorize Consultant's undertaking to perform professional services, that undertaking will be governed by the Terms and Conditions and Additional Provisions, if any, of this Agreement. I. PERFORMANCE. Consultant shall exercise due care in performing professional design and other professional services, but Consultant makes no warranty, express or implied, with respect to any services performed hereunder. 2. ADDITIONAL SERVICES. Additional Services other than those rendered pursuant to any additional provisions attached hereto, or any subsequent modifications hereto, shall only be authorized by written amendment to this Agreement signed on behalf of City and Consultant. All additional services shall nevertheless be performed by Consultant subject to these Terms and Conditions. 3. SUBCONTRACTORS. Consultant may engage subcontractors on behalf of City to perform a portion of the services to be provided by Consultant hereunder. 4. TERMINATION. This Agreement may be terminated by either party upon 7 days prior written notice. In the event of termination, Consultant shall be paid up to the effective date of termination for all services rendered by it, and all drawings or other documents prepared by Consultant shall remain the property of Consultant and not be delivered to City until all monies owed to Consultant by City (whether or not such monies have then become due and payable) have been paid. Consultant assumes no liability for the use of drawings and other documents delivered to the City under this clause, unless otherwise specifically agreed to in writing. 5. PAYMENT. Consultant shall bill for services rendered and reimbursable costs incurred on a monthly basis. Each invoice shall be due and payable within 15 days of the presentation of the invoice. Invoices over 30 days past due will be charged monthly interest at the rate of 12% per annum on the unpaid balance or the highest lawful rate, whichever is less. City hereby waives any defense of usury with regard to said rate of interest. Consultant may, after 7 days written notice to City, suspend performance of services until all past due amounts are paid. 6. MEDIATION. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the City and R:\REMD\City of Muskcgon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-0S.doc Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree othetwise. 7. INSURANCE. Upon request, Consultant will furnish City a written description of insurance coverages then being maintained by Consultant which may be related to Consultant's performance of services hereunder. No oral representations regarding insurance shall be binding upon Consultant. 8. COST ESTIMATES. Since Consultant has no control over the cost of labor and materials or over competitive bidding and market conditions, any estimates of equipment, construction, or operating costs will be made on the basis of Consultant's experience, by Consultant. Consultant does not warrant the accuracy of such estimates as compared to contractor's bids or actual costs incurred. 9. SITE ACCESS AND SECURITY. Unless specifically expressed otherwise as services to be undertaken by Consultant, City is solely responsible for all aspects of site security and for obtaining any necessary permission from any affected third party property owners for use of their lands. Client shall obtain signed Authorization(s) for Entry and Use of Land as necessary for Consultant to perform its Services. 10. UNDERGROUND STRUCTURES OR UTILITIES. In the performance of its services, Consultant will take all reasonable care and precautions to avoid damage to underground structures or utilities. 11. WAIVER. No waiver, discharge, or renunciation of any claim or right of Consultant arising out of breach of this Agreement by City shall be effective unless in writing signed by Consultant and supported by separate consideration. 12. GOVERNING LAW. This Agreement shall be deemed to have been made in Muskegon County, Michigan, and shall be governed by, and construed in accordance with the Jaws of the State of Michigan. 13. SHOP DRAWINGS. If shop drawing review is provided under this Agreement, Consultant will check and review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of materials and equipment, and all other data which the Contractor is required to submit, only for conformance with the design concept of the Project and compliance with the information given by the construction Contract Documents. 14. CONSTRUCTION PHASE SERVICES. Unless specifically authorized to provide construction inspection or construction management services, Consultant assumes no liability with regard to the compliance of construction to Contract Documents prepared by Consultant. R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-0S.doc 15. FEDERAL/LOCAL RIGHT-TO-KNOW COMPLIANCE. In compliance with the Federal Hazard Communication Standards and applicable local laws or ordinances, City shall provide Consultant with a Jist of hazardous substances in the work place to which Consultant's employees or subcontractors may be exposed to while executing this Agreement to the extent that City is aware of such. R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskcgon Brownfield Contract 02-07-0S.doc ADDITIONAL PROVISIONS ENVIRONMENTAL SERVICES I. STANDARD CARE, WARRANTY, AND OWNERSHIP. Services performed by Consultant under this Agreement shall be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other warranty expressed or implied is made. Nothing implied by this Agreement or Consultant's other dealings with City shall be interpreted or construed to make Consultant the owner or generator of any waste, contamination, or contaminated product, land or buildings related to the subject matter of this Agreement. Client shall retain ownership and all responsibility for all contaminants and wastes. 2. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIAL. The discovery of unanticipated hazardous materials encountered during the execution of any work as related to this Agreement shall constitute a changed condition and a change in the Scope of Services and, therefore, a change in Consultant's Compensation. Consultant will notify City as soon as practically possible and agree to an adjustment in the Agreement pursuant to paragraph 2 of the Tenns and Conditions. 3. USE OF CITY'S DATA. Consultant prefers to generate and interpret all data used for design or any other consulting purposes. However, if City furnishes data to Consultant for use in performing services provided by Consultant, Consultant will furnish no warranties, either implied or expressed, as to the accuracy of such data or its completeness for its intended use. City retains all responsibility for the quality of any and all data furnished to Consultant which has been generated by anyone other than Consultant. 4. TECHNICAL APPROACH. All work is performed with City's acceptance that field and design techniques are evolving and the standards and regulations are subject to rapid change such that selected acceptable, effective design approaches may become superseded by the time of execution. Such change will constitute a changed condition requiring an adjustment in the Scope of Services and in Consultant's compensation. 5. CITY'S RESPONSIBILITY TO NOTIFY CONSULT ANT. City hereby warrants that if he knows or has any reason to assume or suspect that hazardous materials may exist at the project site, he has so informed Consultant. 6. DATA COLLECTION. If City specifies sampling, testing, boring, or well locations, Consultant reserves the right to deviate a reasonable distance from the location specified. If the site conditions prevent the performance of the work at or near the designated locations and these site conditions were not previously made R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskcgon Brownfield Contract 02-07-0S.doc known to Consultant, the parties shall attempt to designate alternative locations which may constitute a change in the Scope of Services and therefore may require an adjustment in Consultant's compensation. R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskcgon Brownfield Contract 02-07-0S.doc ADDITIONAL PROVISIONS ENVIRONMENTAL SITE ASSESSMENTS I. SCOPE OF SERVICES. These additional provisions shall apply to Scope of Services referred to separately or collectively as: Phase I Site Assessment, Phase II Site Assessment, Environmental Inspections, or Environmental Audit. 2. RIGHT OF ENTRY AND USE OF LAND. City hereby permits employees, agents, representatives, and subcontractors of Consultant's to enter, use and move freely about the Project site to perform their work. Consultant will take all reasonable precautions to minimize any damage to the property. City understands and accepts that the work involved may result in some disturbance of the surface and/or the subsurface of the property. 3. FAILURE TO ENCOUNTER HAZARDOUS MATERIALS. City understands that failure to discover hazardous materials does not guarantee that hazardous materials do not exist at the project site and that a non-contaminated site may later become contaminated. Therefore, although Consultant will use all reasonable care and a level of skill ordinarily exercised by members of the profession currently practicing under similar conditions, City agrees that Consultant shall not be responsible for failure to detect the presence of hazardous materials through techniques and practices commonly used for the purpose unless such failure is caused by the sole negligence of Consultant. 4. STATE OF THE ART. City understands and accepts that field techniques and analytical capabilities are evolving and that the standards and regulations are subject to rapid change such that currently acceptable investigative approaches and techniques may become superseded by the time of execution. Such change will constitute a changed condition requiring adjustment in Scope of Services and Consultant's Compensation. 5. SAMPLING LOCATIONS. If City specifies a sampling or boring location, Consultant reserves the right to deviate a reasonable distance from the location specified. If the site conditions prevent sampling or drilling at or near the designated locations and these conditions were unknown to Consultant, the parties shall attempt to designate alternate locations which may constitute a change in the Scope of Services and Consultant's Compensation. 6. ENVIRONMENTAL SITE ASSESSMENT REPORTS. The intent of this assignment is detailed in the Scope of Services and all aspects of that work will be addressed in the report. City understands that: a. Consultant will give no opinion regarding the retention of existing permits or procurement of new permits. R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-0S.doc b. Consultant will make no representations or warranties regarding the market value of any property or its use for a particular purpose. c. Consultant will make no representations or warranties regarding the actual costs which may be associated with any environmental remediation at this site. Any opinions presented with regard to possible remediation are estimates only, and the actual costs may be substantially different. d. No report constitutes legal advice, nor does Consultant purport to give legal advice. e. Certain information contained in any report may be provided by agencies and/or personal interviews. Consultant will make no representations or warranties that such information is accurate or that any independent investigation, beyond the agreed upon Scope of Services, has been or will be made to verify the accuracy of such information. R:\REMD\City ofMuskegon\SAF 2005 Gmnt\Muskegon Brownfield Contract 02-07-05.doc CITY COMMISSION MEETING February 8, 2005 TO: Honorable Mayor and City Commissioners FROM: Karen Scholle, Civil Service Personnel Director DATE: February 1, 2005 RE: Seasonal and Temporary Services Provider Contract SUMMARY OF REQUEST: Approval of provider contract for seasonal and temporary employment services. RFP solicitation resulted in three proposals, which were due February 1, 2005. Proposals were received from: GoodTemps, 765 W Norton, Muskegon, Ml 49441 MANPOWER; 20 West Muskegon Avenue, Muskegon, Ml 49440-1317 Troy Technical Services, Inc., 1000-3 Mile Rd NW. Grand Rapids, Ml 49544 A committee consisting of managers and users reviewed proposals and interviewed bidder representatives. While GoodTemps was the low bidder, the decision to award them the contract was not made exclusively on that factor. Overall, GoodTemps presented a desirable package in terms of flexibility, responsiveness, hiring and orientation process, reporting, and commitment to equal employment opportunity. FINANCIAL IMPACT: Seasonal and temporary services are projected to cost approximately $400,000 during 2005. BUDGET ACTION REQUIRED: Financial resources are allocated in the 2005 budget. COMMITTEE RECOMMENDATION: The committee recommends that GoodTemps be awarded the 2005-2007 seasonal and temporary services provider contract. STAFF RECOMMENDATION: Staff recommends and requests approval of the decision to award the seasonal and temporary services contract to GoodTemps, contingent upon a working out agreement terms acceptable to the City Attorney. TO: Mayor Warmington and City Commissioners FROM: Karen Scholle, Civil Service Personnel Director DATE: February 1, 2005 RE: Seasonal and Temporary Services Provider RFP Summary & Recommendation The RFP was prepared and mailed to area employment services providers: GoodTemps, 765 W Norton, Muskegon, Ml 49441 Labor Ready, 2518 Henry Street, Muskegon, Ml 49441 MANPOWER; 20 W Muskegon Avenue; Muskegon, Ml 49440 Kelly Services, 1848 E Sherman Blvd., Muskegon, Ml 49444 Bids were due and opened at 2:00p.m: on Tuesday, February 1, 2005. Prior to this, the current contract holder, Kelly Services, submitted a letter declining to bid on the contract. The RFP public notices placed in The Muskegon Chronicle, as required, also yielded bid package requests from: MOKA, 3391 Merriam, Muskegon, Ml 49444 Professional Search, 521 Cambridge, Muskegon, Ml 49441 Troy Tech Services, Inc., 1000-3 Mile Rd NW, Grand Rapids, Ml 49544 The bids were due and opened at 2:00 p.m. on Tuesday, February 1, 2005, in the City Clerk's . office. Completed bid packages were received from: GoodTemps. MANPOWER Troy Technical Services, Inc. Copies of the three bidder's proposal sheets are attached. GoodTemps submitted the low bid. Having met with them, and per input from involved supervisors and department heads, it is recommended that the seasonal and temporary services provider contract for 2005-2007 be awarded to GoodTemps. CERTIFICATION OF QUOTATION I certify that this quote is made without prior understanding, agreement, or connection with any corporation, finm, or person submitting a quotation /Or the ·same. materials, supplies, equipment, or service. I certify that this quote meets or exceeds all of the specifications contained herein, and is in all respects fair and without collusion or fraud. I understand collusive quoting is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this quotation and certify that I am authorized to sign for the bidder. BidderName GaadTemps, Inc. Address 765 W. Norton Avenue Muskegon, Printed Name Ric.bo...O:::::I. si CC\ C l-::on Title President & CEO Date Certified 2 - t- 0 5 ------------------------------------------- The City of Muskegon also is seeking bids for temporary employment services for seasonal help for the following job classifications Uob descriptions attached): As the City of Muskegon is a Drug-Free Workplace Employer, all temporary workers must pass a 5-panel nida-like drug screen (non-DOT). Please be certain to include the cost of the drug screen in your bid. City Provides PPE*: Bidder Provides PPE*: %of Entry %of Entry Classification Level Hourly Rate* Level Hourly Rate •• 1. Leisure Services: Seasonal Maintenance Worker 33% 33.5% (41 requisitions in 2001) (41 requisitions in 2002) (45 requisitions in 2003) (35 requisitions in 2004) 2. Public Works: Seasonal Maintenance Worker 33% 33·. 5% (11 requisitions in 2001) ( 9 requisitions in.2002) (11 requisitions in 2003) ( 10 requisitions in 2004) Personal Protective Equipment (PPEl Requirements for Seasonal Workers: High visibility Class 2 safety vest Hardhat Leather palm gloves Z87.1 safety glasses with hard side shields Hearing protection Face shield (if requested by Leisure Services employees) Particle mask QUOTATION SUMMARY The City of Muskegon is seeking bids for temporary employment services on an "as-needed" basis for the following job classifications Uob descriptions are attached): As the City of Muskegon is a Drug-Free Workplace Employer, all temporary workers must pass a 5-panel nida-like drug screen (non-DOT). Please be certain to include the cost of the drug screen in your bid. City Referral:* Bidder Referral:** %of Entry %of Entry Classification Level Hourlv Rate Level Hourly Rate 1. Customer Service Representative I*** (36 requisitions in 2001) (20 requisitions in 2002) (4 requisitions in 2003) 24% 25% (3 requisitions in 2004) *City identifies and refers a candidate to the bidder for employment. **Bidder provides candidate through its own resources. ***Formerly Account Clerk CERTIFICATION OF QUOTATION I certify that this quote is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a quotation for the same materials, supplies, equipment, or service. I certify that this quote meets or exceeds all of the specifications contained herein, and is in all respects fair and without collusion or fraud. I understand collusive quoting is a violation of state and federal law and ~n result in fines, prison sentences, and civil damage awards .. I agree to abide by all conditions of this quotation and certify that I am authorized to sign for the bidder. Bidder Name MANPOWER, INC. (JDM and Associates dba/Manpower Temporary Services') Address, __________~2~0~W~·~M~u~s~k~e~g~o~n~A~v~e~n~u~e_____________________________ Muskegon, Michigan 49440-1317 Signature.________________________________________________________ Printed Name.________!A:!ln11n!,!;eCJ.t~t£e~w~.~J-"a"'-c;;k______________________________ Title,______________~D:!.!i'-"sc=t.±.r.±.ic~t=-..!:M!;;a~n""a~er,__________________________________ Date Certified,____--=ZL/"-'1/ ' - ' 0 " ' 5 ' - - - - - - - - - - - - - - - - - - - - - - - The City of Muskegon also is seeking bids for temporary employment services for seasonal help for the following job classifications Uob descriptions attached): As the City of Muskegon is a Drug-Free Workplace Employer, all temporary workers must pass a 5-panel nida-like drug screen (non-DOT). Please be certain to include the cost of the drug screen in your bid. City Provides PPE*: Bidder Provides PPE*: %of Entry %of Entry Classification Level Hourly Rate* Level Hourly Rate** 1. Leisure Services: Seasonal Maintenance Worker 1.34 1.367 (41 requisitions in 2001) (41 requisitions in 2002) · (45 requisitions in 2003) (35 requisitions in 2004) 2. Public Works: Seasonal Maintenance Worker 1.335 1.36 (11 requisitions in 2001) ( 9 requisitions in 2002) (11 requisitions in 2003) (10 requisitions in 2004) Personal Protective Equipment (PPE\ Requirements for Seasonal Workers: High visibility Class 2 safety vest Hardhat Leather palm gloves Z87.1 safety glasses with hard side shields Hearing protection Face shield (if requested by Leisure Services employees) Particle mask QUOTATION SUMMARY The City of Muskegon is seeking bids for temporary employment services on an "as-needed" basis for the following job classifications Gob descriptions are attached): As the City of Muskegon is a Drug-Free Workplace Employer, all temporary workers must pass a 5-panel nida-like drug screen (non-DOT). Please be certain to include the cost of the drug screen in your bid. City Referral:* Bidder Referral:** %of Entry %of Entry Classification Level Hourly Rate Level Hourlv Rate 1. Customer Service Representative I*** (36 requisitions in 2001) (20 requisitions in 2002) (4 requisitions in 2003) 1.29 1.32 (3 requisitions in 2004) *City identifies and refers a candidate to the bidder for employment. **Bidder provides candidate through its own resources. ***Formerly Account Clerk . CERTIFICATION OF QUOTATION I certify that this quote is made without prior understanding, agreement, or connection with · any corporation, firm, or person submitting a quotation for the same materials, supplies, equipment, or service. I certify that this quote meets or exceeds all of the specifications contained herein, and is in all respects fair and without collusion or fraud. I understand collusive quoting is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this quotation and certify that I am authorized to sign for the bidder. BidderName,____T_r_o~y__T~e_c~h__ Se_r~v~.i~c~e~s~,-=I~n~c~.--~--------------------~------ Address,________I_o_oo__3__M_i_l_e_RD ___NW ______________________________________ Grand Rapids, in 49544 . tl;~ __::fl- Signature._________::____________ //- __________________,--------,----------- Printed Name,____::C~h.:!r:.:i:;:s~R:....O!G~u=:is"-'-,~C'-"P~C'-------------------'----------------------- Title,__________:_S~en~J=-·-o~r:._:T:..:e:..:a:::m:....:::L:::e:::ad=-e:..:r:______________________________________ 1/25/200.4 Date Certified,________-'-.___________________________________________ The City of Muskegon also is seeking bids for temporary employment services for seasonal help for the following job classifications Qob descriptions attached): As the City of Muskegon is a Drug-Free Workplace Employer, all temporary workers must pass a 5-panel nida-like drug screen (non-DOT). Please be certain to include the cost of the drug screen in your bid. City Provides PPE*: Bidder Provides PPE*: %of Entry %of Entry Classification Level Hourly Rate* Level Hourly Rate** 1. Leisure Services: 1. 40 1.45 Seasonal Maintenance Worker (41 requisitions in 2001) (41 requisitions in 2002) (45 requisitions in 2003) (35 requisitions in 2004) 2. Public Works: Seasonal Maintenance Worker 1.40 1.45 (11 requisitions in 2001) ( 9 requisitions in 2002) (11 requisitions in 2003) (10 requisitions in 2004) . Personal Protective Equipment {PPEl Requirements for Seasonal Workers: High visibility Class 2 safety vest Hardhat Leather palm gloves Z87.1 safety glasses with hard side shields Hearing protection Face shield (if requested by Leisure Services employees) Particle mask QUOTATION SUMMARY The City of Muskegon is seeking bids for temporary employment seNices on an "as-needed" basis for the following job classifications Qob descriptions are attached): As the City of Muskegon is a Drug-Free Workplace Employer, all temporary workers must pass a 5-panel nida-like drug screen (non-DOT). Please be certain to include the cost of the drug screen in your bid. City Referral: • Bidder Referral:** %of Entry %of Entry Classification Level Hourlv Rate Level Hourly Rate · 1. · Customer SeNice Representative I*** (36 requisitions in 2001.) (20 requisitions in 2002) (4 requisitions in 2003) 1.38 1.43 (3 requisitions in 2004) *City identifies and refers a candidate to the bidder for employment. **Bidder provides candidate through its own resources. ***Formerly Account Clerk oi'od,:,-- /'I (6) o!-J-o_s- M.USK~E<~;Q~ . { i I , t.. ~: 1 CITY OF MUSKEGON CONTRACT FOR TEMPORARY EMPLOYMENT SERVICES This Agreement is effective on this 2.'B~day of t\~ , 2005, between City of Muskegon, a Michigan municipal corporation, of 933 Terrace Street, Muskegon, MI 49443 ("City"), and, Good Temps, of765 W. Norton Avenue, Muskegon, MI 49441 ("Contractor"), with reference to the following facts: Background A. City requested sealed bid proposals from temporary staffing service providers to provide temporary employees to City within the Parks, Cemetery and Highway Departments, as well as to provide general office and clerical services, and other areas within the City as deemed necessary by City. B. Contractor submitted a bid proposal to provide contract help for temporary work for the City, on an as needed basis, in the Parks, Cemetery and Highway Departments, general office and clerical services, and other areas as deemed necessary by City. 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 pmties 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. \\M uskdata \Data \CIVIL \COMMON\ W0 RD\Forms \Tern pC'ont met tfomSchrifRevised. DOC 2. Services. Contractor shall provide the following services relating to providing temporaty employees for the above listed services. a. Pre-employment Selection. Subsequent to City identifying a candidate for temporaty employment, Contractor to review the credentials of each employee assigned to the City to confirm employee's ability to accomplish the essential functions of the position for which they will be assigned. City shall also have the right to review each employee's credentials and verify the employee's suitability for the assigned position. The City shall have the right to reject use of an employee in the event City finds the employee unfit for the position assigned. b. Background Screening. Contractor shall perform applicable criminal and driving record background checks on each employee assigned to the City of Muskegon. Any additional background checks will be accomplished with the assistance of the City. c. Drug Screening Program. Contractor shall perfmm drug screens on all non- clerical employees. 3. Eauioment. Contractor shall supply all safety equipment mandated for its employees while on assignment with the City of Muskegon. The issue and expense of this equipment will be the responsibility of Contractor. Equipment includes: a. Hard Hats; b. Hearing Protection; c. Safety Glasses; d. Steel Toed Shoes/Boots; e. Protective Gloves; f. Rain Poncho; and g. Other safety equipment as required by applicable local, state and federal laws. 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. 5. Contract Price. City agrees to pay Contractor, in full consideration for the complete performance of Contractor's obligations under this Agreement, the amount set forth in the Contractor's bid proposal and documents described in paragraph I. 6. Assignments. Work assignments are determined on an as needed basis. 7. Work Orders. Work orders shall be submitted by City on a daily, weekly or in an emergency or as needed basis. 8. Payment. Requests for payment shall be submitted on a detailed invoice to the City on a weekly basis. 9. Specific Reservations. City reserves the right to discontinue its use of temporary employees as it determines appropriate. \\Muskdata\Data\CIVIL\COMMON\WORD\Forms\TcmpContracttfomSchri2Rcvised.OOC 10. Terms and Termination. This Agreement shall be effective beginning February I, 2005, and shall remain in full force and effect December 31, 2007, with an option to renew on a yearly basis if mutually agreed upon by both parties. II. Commencement and Damages. a. Commencement. Contractor shall commence performance under this Agreement no later than the time set forth in the Agreement. b. Damages. In the event that Contractor fails to commence 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 evety 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 determined by the City after investigation by the City. Damages shall be deducted from payment. c. Violations. Following Contractor's commencement of performance of this Agreement, City shall notify Contractor of each violation of the Agreement reported 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 from payments due or to become due to Contractor the City's cost to remedy or substitute performance. 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 perform in the manner required, and provided such failure is not a result of war, insu!1'ection, 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 performance of this Agreement until such time the matter is resolved and the Contractor is performing under the tetms of the Agreement. Any and all expenses incu!1'ed by City during such time may be deducted from payments due or to become due to Contractor. Should Contractor be unable to resume perfonnance at the close often (I 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 performance 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 determination shall be final and binding on both parties, unless appealed, in writing to the City Manager or his designee within ten (I 0) working days after notice. The City Manager or his designee shall grant Contractor an infmmal 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. \\Muskdata\Data\CIVIL\COMMON\WORD\FOims\TcmpContractlfomSchri:fRevised.DOC 12. Insurance and Indemnity. a. Hold Harmless Agreements. To the fullest extent petmitted by law, Contractor agrees to defend, pay in behalf of, indemnify, and hold hmmless 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 connected 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 actions by the contractor or its employees within the scope of their employment. The obligation to defend and hold harmless 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 in an amount not less than $1,000,000, 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 Form General Liability Extensions 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 i!; hereby added as an additional insured ... " g. Cancellation Notice. Workers' Compensation Insurance and Commercial General Liability Insurance, as desctibed 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 CIVIL SERVICE DEPARTMENT. h. Proof of Insurance Coverage. Contractor shall provide the City at the time the contracts are returned tor execution, certificates and policies endorsing the City as additional insured as listed below: \\M uskdata \Data\CIVIL \COMMON\ W0 RD\Forms \TempC'ont met fromSchri2fRev ised. DOC' 1. Two (2) copies of Certificate oflnsurance for Workers' Compensation Insurance, if applicable; n. Two (2) copies of Certificate oflnsurance for Commercial General Liability Insurance; and 111. If so reqnested, Certified Copies of all policies mentioned above will be furnished. i. If any ofthe above coverages expire during the term of this contract, Contractor shall deliver renewal certificates and/or policies to City at least ten (I 0) days prior to the expiration date. 13. Income Tax Withholding. Contractor shall withhold income taxes from each employee who is snbject to such withholding, and pay snch tax in accordance with the City of Mnskegon Income Tax Ordinance and all applicable laws associated with that ordinance. Contractor shall require the same from each subcontractor, consultant or vendor nsed in the performance of his dnties and obligations in this Agreement. City reserves the right to withhold payments otherwise due to Contractor to assure compliance with this Agreement or to cure snch noncompliance. 14. 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 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 construed and interpreted in accordance with, the laws of the State of Michigan. c. Assignment or Delegation. Neither patty 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 constitnte the entire agreement, and shall snpersede any other Agreements, written or oral, that may have been made or entered into, by, and between the patties with respect to the snbject 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 npon, 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 patty of such provision on any other occasion or a waiver by such pmty of any other provision of this Agreement. \\Muskdata\Data\CIVIL\COMMON\WORD\Fonns\TempContractfromSchri5Rcviscd.DOC g. Severability. Should any one or more of the provisions of this Agreement be detetmined 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 jmisdiction and venue. i. Survival. All representations, warranties, and covenants in this Agreement shall survive the signing of this Agreement. City and Contractor have executed this Agreement on the date written next to their signatures to be effective according to the terrn(s) stated in this document. City- Date: S /:<3, 2005 - -·------ And:_r,J.Q~~d_=-.J'~~~~z....L~ Gail A. Kundinger, MMC City Clerk Contractor'-""- ·, ~. · · Date:~, 200_§' a;•·~~ Its:_Le-'-~ __:s_,_""'='_-_'7-_:o_-_.,- _________ \\Mus kdata \Data\Cl VIL \COM M0 N\ W0 RD\Forms\TempC ontn1ct fromSchri5 Revised. DOC Date: February 8, 2005 To: Honorable Mayor and City Commissioners From: Engineering RE: Consideration of Bids Dale Ave., Ruddiman St. to McGraft St. SUMMARY OF REQUEST: The paving as well as sanitary sewer upgrade contract (H-1596) on Dale Ave. between Ruddiman St. & McGraft St. be awarded to Dan Hoe Excavating, Inc. out of Holland, MI. Dan Hoe Excavating, Inc. was the lowest, see attached bid tabulation, responsible bidder with a bid price of $96,808.45. FINANCIAL IMPACT: The construction cost of $96,808.45 plus related engineering expenses. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Award the contract to Dan Hoe Excavating, Inc. COMMITTEE RECOMMENDATION: H-1596, W-672 & S-605 DALE AVE. RUDDIMAN ST. TO MCGRAFT ST. BID TABULATION 02/01/05 I... UN I KAI... l UK DAN HOE EXCAVATING BRENNER EXCAVATING FELCO CONTRACTORS MCCORMICK SAND ADDRESS 13664 ROCKY'S RD 2841132ND AVE. 3084 LAKESHORE DR 998 S.102ND AVE. HOLLAND, Ml 494: HOPKINS, Ml49328 MUSKEGON Ml49441 SHELBY Ml 49455 ----riB L PRICE UNIT COST TOTAL PRI IT COST TOTAL PRICE 1 AGGREGATE BASE COURSE 22A 6" I SQ.YD _3,605.00 $ 7/'" ,.. "'., .. 7.45 $ 5,371.45 2 B[T. LEVELING MIX 3C@ 165#. /S.Y. 50. t EQUAL 600.1 ~ Q__,Q_Q_ ~ ~EP 700.1 ;EM EN" 165.1 __!Q;_!_ DRIVEl !_6':_~_1 I SQ.YD. I " 32.00 27.00 24.oo I s J,osz.Jz 25.40 i $ 3,230.37 s.oo 1 s z.so I s 2,21s.ss 12 852.56 2.50 ~·- 4.00 2,557.1 ~ 5000 _1_,_! CURB STOP I" WI B .LER ;RADING :AST!NG 1 ·---STD. 4' J.D. 0' Tl )VING CONC. CURB JVING CONC. SIOEW, 0 20i 13i IER 700. ~ /ER10"SDR35 _!( 400.( 25.00 J.OO 30 300.00 450.00 36.00 360.00 IER IER' 00.( ·····- .~ 05.( ;;-;;-; TERRACE' TRAFFIC C..., .. ,'""''- MP 1 4,000.00 5,000.00 ___§_,I ,500.00 __bl 000.00 4,000.00 4,000.00 TRENCH REPAIR, LOCAL STREEl TRENCH REPAIR, LOCAL STREET WATER METER PIT COMPLETE WATER SERVICE WATER SERVICE SANITARY SEWEF TA! I s 111,957.43 I s ss,aos.4s Is 97,979.oa Is ss,s91.7s I s 1oz.sss.rs PAGE1 OF2 H-1596, W-672 & S-605 DALE AVE. RUDDIMAN ST. TO MCGRAFT ST. BID TABULATION02/01/05 JACKSON-MERKEY WADEL STABILIZATION / GRANT TOWER ADDRESS I 555 E. WESTERN AVE. 2500 N. OCEANA DR. __ _ MUSKEGON. Ml 49441 HART, Ml 49420 GRANT, Ml 49327 . COST I TOTAL PRICE TOTAL PRICE UNIT COST TOTAL PRICE iG-REGATE "0< ~- LEVELING '"'" ....... ,..., 'V-'TTI"'·' . ·.TOP MIX 4C@ 165#/S.Y. ~ ~ 7.50 60 . .TCH BASIN CASTING E.J.#7045 OR EQU, 865.0 TCH BASII'i 6 CATCH BASil\ 1,375 - ~ - 7 CEMENT 1,200. 8 CONC.CURB&GUTTERvov.u"''"'''- •· ~ 9. ~ 9 CONC. DRIVE APPROACI l.YD _1, 38. ~ #15000 OR EQUAl 5 -- 1,000 500. 500.1 259. 15150 c 880. 200. 162. __ §_,: 3,500. _g. 1,420. 2, m: 4,384.00 CH __._ _1, 415. 19, 1!;~=~-~ Y SEWER SER Y SEWER 10" o.oo 27 -- ------ YSEW <35 - 270. • $ 30.60 450.00 " 2s 3o - ~675, $ $ $ 40.00 8.00 4,000.00 $ $ 2,264. 4,000. 4,960.99 31 :TRA: $ 118.00 fUMJr s ~ ;; 87.00 0.00 690. s 800.00 ~ 4 5.00 5 j 300.00 ~ 852.00 6 1!, ~ _If I$ 11o,s4s.1 Is 112,528.37 ll PAGE20F2 Date: February 8, 2005 To: Honorable Mayor and City Commissioners From: Engineering RE: Consideration of Bids Evart St., Allen Ave. to Amity Ave. SUMMARY OF REQUEST: The paving contract (H-1597) on Evart St. between Allen Ave. & Amity Ave. be awarded to McCormick Sand, Inc. out of Shelby, MI. McCormick Sand, Inc. was the lowest, see attached bid tabulation, responsible bidder with a bid price of $34,977.69. FINANCIAL IMPACT: The construction cost of $34,977.69 plus related engineering expenses. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Award the contract to McCormick Sand, Inc. COMMITIEE RECOMMENDATION: H-1597, EVART ST. ALLEN AVE. TO AMITY AVE. BRENNER EXCAVATING WADEL STABILIZATION WEICK BROS., INC. 2841132ND AVE. 13064 WISNER. 2500 N. OCEANA DR. 3029 WEICK DR. Date: February 8, 2005 To: Honorable Mayor and City Commissioners From: Engineering RE: Consideration of Bids Hudson, Forest to Southern SUMMARY OF REQUEST: The utility work contract (S-588 & W-646) on Hudson between Forest & Southern be awarded to Jackson Merkey Contractors out of Muskegon. Jackson Merkey was the lowest, see attached bid tabulation, responsible bidder with a bid price of $84,223.30 FINANCIAL IMPACT: The construction cost of $84,223.30 plus related engineering expenses. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Award the contract to Jackson Merkey Contractors COMMITTEE RECOMMENDATION: S-588/W-646 HUDSON ST., FOREST AVE. TO SOUTHERN AVE. ·····FELCO BID UNACCCEPTABL.E (INCORRECT PROPOSAL PAGE USED) NO ACKNOWLEDGEMENT OF ADDENDUM I PAGE 1 OF2 S-588/W-646 HUDSON ST., FOREST AVE. TO SOUTHERN AVE. MCCORMICK SAND LODESTAR CONSTRUCTION LEE'S TRENCHING FELCO CONTRACTORS'... ·-·· FELCO BID UNACCCEPTABLE (INCORRECT PROPOSAL PAGE USED) NO ACKNOWLEDGEMENT OF ADDENDUM I PAGE20F2 Date: February 8, 2005 To: Honorable Mayor and City Commissioners From: Engineering RE: Change Order to add the 2005 Sidewalk Replacement Program onto the 2004 Contract. SUMMARY OF REQUEST: It is requested that the 2004 Sidewalk contract with Accurate Excavators be amended to include the 2005 Sidewalk Program via a change order at an estimated cost of $156,007. for more details please review the attached memo. FINANCIAL IMPACT: The construction cost of $156,007 plus related engineering expenses which is estimated at 20%. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Amend the 04 contract with Accurate Excavators to include the 05-project. COMMITTEE RECOMMENDATION: City of Muskegon Engineering Department Memo To: Steve Warmington, Mayor City Commissioner From: Mohammed AI-Shatel CC: Bryon Mazade, City Manager Bob Kuhn Date: 02/02/05 Re: Sidewalk Replacement Program for 2005 The Engineering Department is recommending that we amend the Sidewalk Replacement Program contract for 2004 to include the Sidewalk Replacement Program for 2005 for the following reasons: 1 The unit prices proposed by Accurate Excavators, Inc. (successful bidder in 2004), are only 5% higher than the prices in the 2004 contract, which we feel is reasonable. 2 The cost savings we will realize from not having to go through the contract bidding process (i.e.: publication costs, staff time, etc.) 3 Accurate Excavators, Inc. continues to be the lowest bidder (while adding the 5% increase) when compared to the unit prices submitted by the 2"' lowest bidder on the 2004 contract, 4 The savings realized, even with the 5% adjustment, are in excess of $14,000.00 (see attached spreadsheet). 5 Accurate Excavators, Inc. has proposed to drop the claim for additional compensation (due to our contract language) as a result of the more than 25% shortfall in the 2004 contract which would have entitled them to an additional $4,000.00 payment. In conclusion, we feel that it is in the best interest of the City of Muskegon, to amend the existing Sidewalk Replacement Program for 2004 contract, rather than incur the costs associated with bidding a new contract for the Sidewalk Program for 2005. The City would realize a guaranteed saving of approximately $18,000.00. 0:\ENGINEERING\COMMON\2005 PROJECTS MASTER\Proiecls\SWOS\Memo lo Comm.-Amended 2004 Contract.doc F~b 01 05 04:59p Ro~er Jourden 231 7802097 p.1 4040 Central Rd. Muskegon, Michigan 49445 231 780-2097 231 766-0557 February L 2005 Moharruned Al-Shatel City of Muskegon 933 Terrace St. Muskegon,Ml49442 RE: 2005 Sidewalks Dear Mr. Al-Shatel: Thank you for working with me to resolve the issue of the quantity shortfall on last year's sidewalk program. Accurate Excavators, LLC proposes to remedy the situation by executing a change order that contains the following: I. A 5% price increase to all unit prices. 2. The work estimate for 2005 is $157,481.47 according to quantities on January 6, 2005. The change order is to be based on the above dollar amount. The City is free to lower the quantity of work as long as no more than 25% of the total is cut. If the City reduces the dollar amount of work more than 25% Accurate Excavators will be compensated 15% of the difference. Example: If$106,000.00 of work is all that is available, Accurate Excavators will receive $7,722.22 in compensation. All work must be located within the 2005 sidewalk program area. 3. If thi's proposal is acceptable Accurate Excavators will drop all claims in regards to the 2004 shortfall. 4. All work under the change order will follow the 2004 contract unless stipulated in this letter. I hope these terms will be acceptable to you, and !look forward to hearing from you. Roger Jourde , II President ACCURATE ACCURATE 2004 ACCURATE2005 '"''-'"u"'"''" 2005 !BUILDERS 2004 , H-1590 I V CDf"\f':::DlH/1 2005 2004UNIT COST TOTAL I PLUSS% 1TOTALS UNIT COST - __1()4 1 BORROW FILL (ESTIM.A $1," 2 CEMENT (ESTIMATED) TON $682.50 3 CONCRETE CURB,6" X' 4 CONCRETE CURB & GU 5 CONCRETE DRIVE APP! CONCRETE SIDEWALK, 4" CONCRETE SIDEWALK, 6" ··-"·"- CONCRETE SIDEWALK RAMF ]Sc ,568.00 $12,339.20 EXCAVATION ESTIMATED 51,250.00 $687.50 ;061.(10 ~ \ROOTCU EACH 65 3.00 ·-~·· 5226.00 EACH $150.00 $450.00 TOTAL ' 5148 578.85 $157.50 $756.00 $170 236.63 En ineerin - $22,286.83 525 535.49 I EST IMATED I ot-t'7n '""' "'" ot~a" .,..,..,_ ALL QUANITITIES ARE ESTIMATED 02/01/05 @3:10P.M. [ - - '$146.578:85] I . . --$17o.2s6.6JI S74,ZSSII3 Date: February 8, 2005 To: Honorable Mayor and City Commissioners From: Engineering RE: LED Traffic Signals SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Strain Electric Company out of Grand Rapids Ml, to replace the incandescent signals with LED (light- emitting diode) ones for the purpose of saving energy consumptions and enhancing visibility at more than thirty (30) locations within the City. The cost of this agreement would be $116,760 with a payback of less than 4-years while the expected life of those LEOs is estimated at 5-7 years. Strain Electric is being recommended without a formal bid process due to their desire & willingness to extend the unit prices they did the Norton Shores project for in 2004. Norton Shores went through a formal bid process and Strain was selected based on qualifications and being the lowest responsible bidder. FINANCIAL IMPACT: The cost of labor & materials of $116,760. BUDGET ACTION REQUIRED: The upcoming quarterly budget will be revised to reflect this project and eliminate the Lakeshore Dr., Lincoln to McCracken project from the Major Street list of the 2005 CIP budget since our request for grant was not approved by MOOT. STAFF RECOMMENDATION: Authorize staff to enter into an agreement with Strain Electric to upgrade traffic signals. COMMITTEE RECOMMENDATION: TOP RAIL 9228 S. 88 1h Avenue Montague, MI 49437 ELECTRIC Ph: 231-894-2979 COMPANY Fax: 231-894-1310 Electrical contracting top ra il@to pt·ail e feet dc.co 111 Muskegon City Commission 02/08/05 Subject: LED replacement Good Evening: I am Tim Korthase, owner of Top Rail Electric, based out of Montague in Muskegon County. I recently discovered that the City of Muskegon is intending to award a contract for LED replacement to an electrical contractor based out of Grand Rapids. The justification for this non competitive bid award is that it would be an extension of a bid that the City of Norton Shores had for similar work and that it would allow for the best pricing available for the work. Although I admire the cooperation between the municipalities and the hard work and progressive thinking that the City of Muskegon Engineering Department is doing, I am very disappointed that Top Rail Electric had no chance to bid on this work. I would like to share a few points for your consideration. • I know your engineering department is busy, and writing specifications for a project can consume a lot of time. I believe the motive in your decision is to reduce cost and speed in getting this work done. For this particular project this would not be the case. • Top Rail Electric was instrumental in helping the City of Norton Shores develop specifications, so your engineering department could easily have gotten these specifications from either the City of Notion Shores or from Top Rail Electric. Top Rail Electric brought this LED analysis first to the City of Norton Shores on 1/03, then to progressive meetings with your city and the county on 2/03. Our meeting with the City of Muskegon was 2/03. We met with Mohamed Al-Shatcl, Bob Kuhn, Doug Sayles, Jim Sneed and John Chrisman, a Gelcore Factory Sales Rep. At this time we shared the three major advantages of the LEDs, electricity consumption savings, lower maintenance cost and the ability to be on a back up power supply in the event of a power failure. • Top Rail Electric is a local specialty contractor who has shown that we are a leader in this line of work. We are nearby, pre-qualified with the state for this work, have equipment and staff located just outside the city limits in Norton Shores. Frankly, we are the best contractor in this specialty field of work in the state today. I may be a bit biased, but I'm sure if you were to check into it with our customers or the state signal inspectors the majority would agree with this statement. ~ >,,,,,1:;;:{;,)til~i·i,1PJ· TOP RAIL 9228 S. 88 111 Avenue Montague, MI 49437 ELECTRIC l'h: 231-894-2979 COMPANY Fax: 231-894-1310 Electrical contracting top ra il@to pra ilelectri c. com I. 15 of our 21 employees live in Muskegon County and the rest in southern Oceana County, The majority of these wages are spent in Muskegon County. Why not bid the work with a chance that these monies would circulate in the county again? 2. Top Rail was responsible for research that led to (in our opinion) a better product. Gel core versus Dialight, two major vendors are both good products. With this non bidding process there was no competitive material pricing taking place. The pricing for this product continues to come down rapidly due to the volume being sold as well as the developments in the technology itself. A competitive bid situation would insure that you would be getting these cost savings. Would you buy a new computer today at last year's prices? The same thing is happening here. To close, Muskegon County, the City of Muskegon and your engineering department are fortunate to have a qualified and reputable source for this type of work residing in your community. Top Rail Electric has put a lot of work into sharing and educating your staff on this technology and we feel we have earned a position on the bidders list. I feel it is reasonable for Top Rail Electric to have the chance to bid on this work. Should it be reasonable for me to expect this? Maybe, maybe not, but these me the cards dealt and I feel Top Rail Electric should have the chance to bid on this work.
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