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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.
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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
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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.
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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.
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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~
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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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