GRAND LEDGEMI 48837 CITY CoUNCIL AGENDA

GRAND LEDGEMI 48837 CITY CoUNCIL AGENDA
GRANDLEDGEOITYCOUN~
200 E. JEFFERSON ST.
GRAND LEDGEMI 48837
(517) 627-2149
,
CITY CoUNCIL AGENDA -- REGUlAR MEETING MONDAY, 25 NOVEMBER 2013 7:30p.M. COUNCIL CHAMBERS, CITY HALL 200 E. JEFFERSON ST. I. ROlL CALL OF CITY COUNCIL -- Mayor Kalmin Smith; Mayor Pro-Tern Keith Mulder; and Council members
Christina Bartholomew, Rick Lantz, Sue Roberts, Thorn Sowle, and Don Willems
n. PLEDGE OF AlLEGIANCE -- Any person(s) attending may participate in reciting the Pledge of Allegiance to the
American Flag. The Mayor may choose to designate, with their consent, a Council member or a person
attending to lead the Pledge of Allegiance. The City Council shall not require any Council member or person(s)
attending to recite the Pledge of Allegiance.
m. AUDIENCE PARTICIPATION -- Any person(s) attending may comment on any subject.
All presentations before the
City Council shall be limited to five minutes per individual presentation.
IV. APPROVAL OF CoNSENT AGENDA -- The City Council approves items listed on the consent agenda by a single roll
call vote without debate. If the City Council desires to debate any item listed on the consent agenda, it may
remove the item and place it on the regular agenda for consideration in due order.
A. Motion -- To approve the Monday, 25 November 2013 City Council consent agenda, as follows:
i. Financial transactions and bills.
ii. Tuesday, 12 November 2013 regular City Council minutes.
iii. Right-of-Way Use Application from the Grand Ledge Area Chamber of Commerce for the 06 December 2013
Christmas Parade.
v. APPROVAL OF REGUlAR AGENDA -- The City Council may remove any item from or add any item to the regular
agenda.
A. Motion -- To approve the Monday, 25 November 2013 regular City Council agenda.
VI. CoMMITTEE AND BOARD REPoRTS -- Council members and staff may report on discussions and actions of committees and boards. VB. STAFF REPoRTS -- The City Council may receive reports from various department heads.
VID. UNFINISHED BUSINESS -- The City Council may again debate any item(s) previously debated but not finally disposed
of and mayor may not act upon the item(s) as indicated below.
Grand Ledge City Council
Regular Meeting
Monday, 25 November 2013
Page 2 of 2
IX. NEW BUSlNl1SS - The City Council may debate any item(s) under its authority not previously debated and mayor
may not act upon the item(s) as indicated below.
A. Resolution (recommended by the City Council Finance and Policy Committee) - To amend Resolution #45 of
2013, to Adopt the Annual Budget and Appropriations Measure for the Annual Budget for the Fiscal Year Ending
30 June 2014, and the Tax Levy and Rates, by establishing a Grand Ledge / Oneida Composting Center annual
sticker fee.
B. Resolution (recommended by the City Council Finance and Policy Committee) - To amend the Annual Budget for
the Fiscal Year Ending 30 June 2014.
C. Resolution (recommended by the City Council Public Service and Facilities Committee) - To annex City-owned
property.
D. Resolution (recommended by the City Council Public Service and Facilities Committee) - To approve an application for a Michigan Department of Environmental Quality, Stormwater, Asset Management, and Wastewater program grant. E. Resolution (recommended by the City Council Public Service and Facilities Committee) - To approve a proposal
from Ziemnick Foster Engineering, LLC, for Engineering Services for seeking and administrating a Michigan
Department of Environmental Quality, Stormwater, Asset Management, and Wastewater program grant.
X. AUDIENCE PARTIClPATION - Any person(s) attending may comment on any subject. All presentations before the
City Council shall be limited to five minutes per individual presentation.
XI. COMMUNICATIONS FROM 1m MAYOR AND COUNClL - The Mayor may make appointments and reappointments to
boards and committees, may report on subjects referred by Council members, staff and residents, and may
comment on any subject. City Council members may comment on any subject.
xn.
CLOSED Sl1SSION The Open Meetings Act allows the City Council to discuss certain subjects without the presence
of the public. The City Council may request a staff member or any other person the City Council determines to
be necessary, by a majority of the Council members present, to attend the closed session. All persons not
requested by the City Council to stay must leave the Council chambers. Once the Closed Session has ended, the
City Council will resume the regular meeting.
XIn. ADJOURNMENT - When the City Council has completed all items listed on the approved agenda, it may not take
any further action until its next regular meeting or a special meeting. If the time is significandy late and items
remain on the approved agenda, the presiding officer may ask for a motion to adjourn the meeting to another
specific date, time, and place at which to resume and complete the approved agenda.
£!~La. ~-
­
THE GRAND LEDGE CITY COUNClL WILL HOLD ITS NEXT REGULAR MEETING ON MONDAY, 09 DECEMBER 2013, AT
7:30 P.M. IN THE CoUNClL CHAMBERS, CITY HALL, 200 E. JEFFERSON ST., GRAND LEDGE, MICHIGAN
GRAND LEDGE CITY COUNCIL
200 E. JEFFERSON ST.
GRAND LEDGE MI 48837
(517) 627-2149
TUESDAY, 12 NOVEMBER 2013
7:30p.M.
COUNCIL CHAMBERS, CITY HALL
200 E. JEFFERSON ST.
I.
SWEARING-IN OF COUNCIL MEMBERS
Judge Harvey J. Hoffman, 56th District Court, ,...
Council members Christina Bartholomew, Keith
''L'""L'"....
U ' ' ' U. .
nuuu''''
Mayor Smith thanked Judge Hoffman, commented on public
positive outcome and benefits of the new City Hall and Police
will transition from the existing City Hall to the new City Hall.
II.
ROLL CALL OF COUNCIL ­ Mayor Kalmin
Bartholomew, Rick Lantz, and Thom
Council members
OTHERS P~ENT - Jon Bayless, City .n.U.11l111l<>"' ...
in Grand Ledge, and on the
the current City Council
lLH}l1<:U
members Christina
III.
Council member Sowle
IV.
v.
VI.
A.
Tuesday, 12 November 2013 City Council consent agenda, as follows:
1.
11.
iii.
Monday, 28
regular City Council minutes.
Thursday, 07 November 2013 regular City Council minutes.
IV. A... 1 of 10 Tuesday, 12 November 2013
Grand Ledge City Council
Regular Meeting
Page 2 of 4
COUNCIL MEMBER BARTHOLOMEW MOVED, COUNCIL MEMBER LANTZ THE TUESDAY, 12 NOVEMBER 2013 CITY COUNCIL CONSENT AGENDA. UNANIMOUSLY. VII.
APPROVAL OF REGULAR AGENDA
A. Motion - To approve the Tuesday, 12 November 2013 regular City
COUNCIL MEMBER MULDER MOVED, COUNCIL MEMBER
APPROVE THE TUESDAY, 12 NOVEMBER 2013 REGULAR
COUNCIL MEMBER MULDER MOVED, COUNCIL THE TUESDAY, 12 NOVEMBER 2013 REGULAR CITY c., A MOTION TO APPROVE A $25,131.42 PURCHASE FURNITURE AND FIXTURES AT THE GREENWOOD MOTION TO APPROVE AN AMENDED $11,439.48 COMMUNICATIONS FOR A TELEPHONE SYSTEM AT THE CARRIED UNANIMOUSLY. MOTION TO APPROVE THE TUESDAY,
AMENDED BY INSERTING AS ITEM XI.
TO HAYWORTH, C/O DBI FOR
INSERTING AS ITEM XI. D., A MOTION
CAPITOL COMMUNICATIONS FOR A
CARRIED UNANIMOUSLY.
VIII.
AGENDA, AS
PURCHASE ORDER
BUILDING, AND BY
PURCHASE ORDER TO
BUILDING,
COMMITTEE AND BOARD
IX. STAFF REPORTS
A. Jon Bayless, City
on the Greenwood Conversion Project budget, reported furniture and
.
mentioned an inspection tour to identify final code issues, reported
and mentioned the balance in the Capital Projects Fund.
X.
XI.
A. by the Abrams Municipal Airport Advisory Commission) - To approve a
Grand Air Aviation, Inc.
COUNCIL
RESOLUTION #71
AVIATION, INC.
N.A.-2of 10 MOVED, COUNCIL MEMBER LANTZ SECONDED, TO ADOPT
TO APPROVE A FIXED BASE OPERATOR AGREEMENT WITH GRAND AIR
Grand Ledge City Council
Regular Meeting
Tuesday, 12 November 2013
Page 3 of 4
Jon Bayless, City Administrator, explained the Fixed Base Operator Agreement \.vuuu,
with Grand Air Aviation for ten more years with an additional ground school Pete Kamarainen, Grand Air Aviation, explained the services offered at Abrams to create a relationship with Grand Ledge High School for aerospace The City Council debated the ground school training requirement and Public Schools students. MOTION TO ADOPT RESOLUTION #71 OF 2013, TO
AGREEMENT WITH GRAND AIR AVIATION, INC., '-'nJ'....
'\.Jl'-'
B. Resolution #72 of 2013 - To amend the Annual Budget for
SECONDED, TO ADOPT
FISCAL YEAR ENDING 30
COUNCIL MEMBER MULDER MOVED, COUNCIL
RESOLUTION #72 OF 2013, TO AMEND THE ANNUAL
JUNE 2014.
MOTION TO ADOPT RESOLUTION #72 YEAR ENDING 30 JUNE 2014, CARRIED
FOR THE FISCAL
C. Motion - To approve a $25,131.42 purchase
Greenwood building.
COUNCIL MEMBER
APPROVE A $25,131.42
AT THE
Jon Bayless, City and fixtures at the
MULDER SECONDED, TO
C/O DBI FOR FURNITURE AND FIXTURES
IVU':,lVJ.L''-'l\.
and furnishes one community room.
HAYWORTH, C/O DBI FOR FURNITURE
UNANIMOUSLY.
D.
the purchase order covers five additional phones.
$11,439.48 PURCHASE ORDER TO CAPITOL
SYSTEM AT THE GREENWOOD BUILDING, CARRIED
XII.
AUDIENCE PARTICIPATION
IV. A. - 3 of 10 Grand Ledge City Council
Regular Meeting
XIII.
--Page 4 of 4
Tuesday, 12 November 2013
COMMUNICATIONS FROM THE MAYOR AND COUNCIL
Mayor Smith mentioned the first wedding ceremony at the new City Hall orr'l1rrpc
Willems and Wendie Smith exchanging marriage vows, appointed himself
Roberts, and Sowle to the City Council Finance and Policy Committee,
Bartholomew, Lantz, and Sowle to the City Council Human Resources
Council members Mulder and Willems to the City Council Public
.
Council member Bartholomew as liaison to the Abrams Municipal
himself as liaison to the Board of Cemetery Trustees, appointed
Eaton County Transportation Authority, appointed Council
Recreation Commission, appointed Council member Mulder
appointed Council member Bartholomew as liaison to the
COUNCIL MEMBER BARTHOLOMEW MOVED,
THE MAYOR'S APPOINTMENT OF HIMSELF AND
SOWLE TO THE CIlY COUNCIL FINANCE AND POLICY
BARTHOLOMEW, LANTZ, AND SOWLE TO THE CIlY
HIMSELF, AND COUNCIL MEMBERS MULDER AND WILLEMS
SERVICE AND FACILITIES COMMITTEE, COUNCIL MEMBER
ABRAMS MUNICIPAL AIRPORT ADVIS
HIMSELF
CEMETERY TRUSTEES, HIMSELF AS
TIVE ON
TRANSPORTATION AUTHORIlY,
RECREATION COMMISSION, COUNCIL
COMMISSION, AND COUNCIL MEMBER
APPEALS. MOTION CARRIED UNANIMOUSL
XIV.
members Lantz,
members
himself, and
appointed
TO APPROVE
ROBERTS, AND
MEMBERS
RESOURCES COMMITTEE,
COUNCIL PUBLIC
AS LIAISON TO THE
THE BOARD OF
COUNlY
PARKS AND
THE PLANNING
ZONING BOARD OF
CLOSED SESSION
XV. ADJOURNMENT
LANTZ SECONDED, TO ADJOURN THE
MEETING,AT 8:10 P.M. MOTION CARRIED
Gregory L. Newman, City Clerk
Kalmin D. Smith, Mayor
IV. A. - 4 of 10 Feb 17 13 OSfSOp
5176e'71052
.. .I,m Bayless
City Administr:)tOf
Kahnin D. Smith
Mayor
City of Gnlnd L<:d~w
2()() E. Jeff{:rson St.
Gr;md Ledge MI 48837
grand-k:dge.cOrtl
(517) 627-2149
Right-of-Way Use AJ)plication Nanl~~ __ ~J_I_\l,_K_u_s_s_d__
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(tare ,Ind tilm: the right-()(-W~ly is need!.>d (,"·TI·lIdcr p~.!! "lr,l(ioll ,n<.i ~\'I .. U'" for 11K '-"(;"'):
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D•.-!icrihc phH1S r" provid(' parking for I';lrticir:mts. tr~lffic {"oluro\ for til('
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IV.A.-50f 10 Feb
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I certify the o;tJterllents nude .lnd the inform:nioll p,·\)vidl."d ir this :lpplicarion fnr
right-of-way 'lW, ,lccnrMf and comple>tc.
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IV. A. - 7 of 10 Feb 17 13 OSI51p
Grand
Led,~
Chamber
5176271052
10·5
Strt:<..\t ( 'wssin,g
Christtna!> Parudl.."
Ik,c. (), 20J}
7:00 pm
lht:: C:"I(lmbcr will provide :>trCt"l cl'Os~:ing, blockach! villuni ~I..~rs for the following sl/(.l('t!';'
Washingltm
Muin
Front
I~ivcr
StX)tj
Lincoln
Karla ('h:JI11I'lcdain: 749-4979 Mmi:; f\l'C(lmm: 490-9269 hthan Childs: 627-7070 Mcli,:~a Mar.,h"ll: 627-7070 Eric Ik~mt
Jill Rtlsl\cll
44()·059(1 627-nS;) The Chamber will provide v"hmlL'(;r~ tp he
prcS(~nl ~It
6:4) pm through
lh\~ (;()ndu~ion
Pi'
the par~ldc.
The ChmOlIx:r will
IV. A. - 8 of 10 pt~lVidc
th..:: lim!
li~1
or VOhlllll..:cr mllll.. s on\.~ week priol' tn the Jlimld~.
Grand Ledge Police Department Martin J. Underhill
Chief of ponce
200 East JetTerson St.
Grand Ledge, MI 48837
(517) 627·2115
Fax (517) 627-7877
Grand Ledge Street Department,
Please be advised that we are requesting the following traffic control devices to be delivered mid-day
on 12/5/2013 to the following locations to help us with traffice control during the Christmas Parade on
1216/2013. Please place them on the comers ofthese intersections.
12 Saw horses at the following intersection: (one on both the west and east side)
-Washington St. 1 N. Bridge St
-Main St I N. Bridge St
-Front St I N. Bridge St
-River St I S. Bridge st.
-Scott St I S. Bridge St.
-Lincoln St. I S. Bridge St.
3 Large stanchions I Barricades at:
-M8100 I State Road (One on the south west comer)
-N. Clinton St.1 McMillian Street (One on the west side of N. Clinton Street)
-E. Jefferson St. I Jackson st. (One on the north side of E. Jefferson Street)
Thank your for your assistance in this matter,
Sgt. Anthony Gatewood
IV. A. - 9 of 10 2013 Christmas Parade
The parade is 12/6/2013 & starts 7:00pm. Beginning is the Grand Ledge Fire Barn goes to
Scott & Lincoln Street. Be at assignment at 6:30pm Parade draws a large crowd.
CHESTER: Bridge & Jefferson
Motor vehicle and pedestrian traffic control and crowd control during parade.
CUNNINGHAM: Bridge & Jefferson
Motor vehicle and pedestrian traffic control and crowd control during parade.
SCHLOSSBERG: N. Clinton Street / Bridge Street (Last Vehicle of Parade)
Before parade make sure "Parade Route Ahead signs are posted at 100/State N. Clinton
Street/McMillian and E. Jefferson/Jackson Street. Block south bound N. Clinton at N. Bridge
Street during parade. At the end of the parade block south bound Bridge Street at Jefferson until
Santa Claus is done at Sun Theater.
ll
l
l
GATEWOOD: Lead Vehicle of Parade
Sound siren when parade is ready to start. Lead parade down Bridge Street to Scott.
BARBER & READ
Bike Patrol/Crowd control
Patrol up and down Bridge Street with special attention to area south of W. Jefferson st. People
tend to crowd the street and make it a bottle neck. Keep citizens safe by having them stay back~
off the roadway~ at a safe distance from the parade participants. Get off bike if needed and
walk with it. Be ready to back up complaint cars and assist along parade route where needed.
Help with crowd at Sun Theater when Santa Claus comes back with fire department.
MEDRANO & KOSIN: Lincoln / Scott Street and S. Bridge Street Block northbound traffic during the parade. Assist Santa at the Sun Theater after. Keep people
safe by keeping them back and from going into street blocking the parade participants.
JAMES: North Side Complaint Car
Stay on north side during the parade. Answer any calls for service on the north side. After
parade gather up all "Parade Route Ahead signs from lOO/State N. Clinton Street/McMillian
and E. Jefferson/Jackson Street.
N
JOHNSON: South Side Complaint Car
Stay on south side during the parade. Answer any calls for service on the south side.
Barricades / Cones will be set up by volunteers earlier in the day and picked up by volunteers.
GLPD will post signs at E. Jefferson/Jackson & N. Clinton/McMillan announcing that Bridge
Street will be closed. Volunteers will be at the other intersections along the parade route to
block cross traffic during parade. Santa Claus will be on the last fire truck. Fire Department
will bring him to the Sun Theater afterwards.
IV. A. -
l~~"M)ts made 11/12/13
Grand Ledge City Council Resolution # _ _ of 2013 A Resolution to Amend Resolution #45 of 2013, to Adopt the Annual Budget and Appropriations Measure for the Annual Budget for the Fiscal Year Ending 30 June 2014, and the Tax Levy and Rates, by Establishing a Grand Ledge I Oneida Composting Center Annual Sticker Fee. A resolution adopted by the Grand Ledge City Council, at a regular meeting held on Monday, 25 November
2013, in the Council chambers, City Hall, 200 E. Jefferson St. Grand Ledge, Michigan.
Whereas, the City of Grand Ledge, Michigan {"City"} is a municipal corporation organized under the provisions
of the Home Rule City Act, Public Act 279 of 1909, as amended, and is governed by the provisions of the Grand
Ledge City Charter adopted 03 January 1963, as amended ("Charter"); and
Whereas, Resolution #45 of 2013 adopted the Annual Budget and Appropriations Measure for the Fiscal Year
Ending 30 June 2013 and the Tax Levy and Rates; and
Whereas, pursuant to the provisions of the Public Act 2 of 1968, as amended, commonly known as the Michigan
Uniform Budgeting and Accounting Act, MCL 141.421 et seq, changes in revenues and expenditures require the
budget to be formally amended;
Now, Therefore, it Is Resolved:
1. The estimated revenues and expenditures appropriated for the Fiscal Year Ending 30 June 2014,
are amended,as follows:
Service
Department of Public Service
Resident
Non-Resident
Grand Ledge I Oneida Composting Center annual sticker. $25.00 ................ n\a
Motion by
Second by
Ayes:
Nays:
Absent:
Approved:
Kalmin D. Smith, Mayor
I, Gregory Newman, Grand Ledge City Clerk, certify this is Resolution # _ _ of 2013, adopted by the Grand
Ledge City Council at a regular meeting held on Monday, 25 November 2013; a meeting held in accordance with
the Open Meetings Act, Public Act No. 267 of 1976, as amended.
Gregory L. Newman, City Clerk
Page 1 of 1
IX. A. - 1 of 2 CITY OF GRAND LEDGE
Department of Public Services
StreetslWater (517) 627-2144
Waste Water Treatment 'Plant (517) 627-5744
Established 1893
13253 Lawson Road
Grand Ledge, MI 48837
Fax (517) 622-3684
Date: Nov. 19,2013
,To:
Finance & Po~cy CoI1lI11ittee
From: Lany LaHaie, Public Service Director
RE:
Charge for annual compost sticker.
In 2013 the City initiated a policy that requires an annual pass~ in the form ofa sticker, be
obtained by City and Oneida Township residents to drop off yard waste at the City's compost
site. The policy has been successful and has eliminated nearly all the problems that needed to be
corrected. With the new year drawing near, it is time to order and make available 2014 stickers.
Charging a fee to residents for the passes was discussed previously by the Finance & Policy
Committee and the decision was made not to charge initially but to revisit the issue. If the City
were to begin cb.argin& the new policy should go into effect at the beginning of the calender year
when the new passes are available.
In the current FY-2014 budget there are a total of$29,022 ofanticipated expenses. As ofOctober
28:. 2013, a total of 1~125 stickers bad been distributed, 901 to City residents and 224 to Oneida
Township residents.
If an annual fee of$25.00 per sticker were to be assessed, sufficient revenue would be genera~
to cover the City's operating costs:
1~125 passes/year x $25.oo/annual pass
=$28,125.00 proj~ annual revenue
There would be some public opposition to a fee for what bas previously been a free service. It is
important to note that a $25.00 annual fee is a bargain compared to neighboring cOmmunities.
Lansing residents are charged $10.00/cu. yd. to drop offYar<J. waste at Granger's Wood St.
facility while Delta Township gets $23.00 for a level load in a full size pickup (2.7 cU.. yd.).
Those charges are assessed for each visit, not annnaUy.
IX. A. - 2 of 2
City a/the Seyen IslmuIs
Grand Ledge City Council Resolution # __ of 2013
A Resolution to Amend the Annual Budget for the Fiscal Year Ending 30 June 2014. A resolution adopted by the Grand Ledge City Council, at a regular meeting held on Monday, 25 November
2013, in the Council chambers, City Hall, 200 E. Jefferson St., Grand ledge, Michigan.
Whereas, the City of Grand ledge, Michigan ("City") is a municipal corporation organized under the provisions
of the Home Rule City Act, Public Act 279 of 1909, as amended, and is governed by the provisions of the Grand
Ledge City Charter adopted 03 January 1963, as amended ("Charter"); and
Whereas, Resolution #45 of 2013 adopted the Annual Budget and Appropriations Measure for the Fiscal Year
Ending 30 June 2013 and the Tax levy and Rates; and
Whereas, pursuant to the provisions of the Public Act 2 of 1968, as amended, commonly known as the Michigan
Uniform Budgeting and Accounting Act, MCl 141.421 et seq, changes in revenues and expenditures require the
budget to be formally amended;
Now, Therefore, it Is Resolved:
1. The estimated revenues and expenditures appropriated for the Fiscal Year Ending 30 June 2014,
are amended as attached.
Motion by
Second by
Ayes:
Nays:
Absent:
Approved:
Kalmin D. Smith, Mayor
I, Gregory Newman, Grand Ledge City Clerk, certify this is Resolution # __ of 2013, adopted by the Grand
Ledge City Council at a regular meeting held on Monday, 25 November 2013; a meeting held in accordance with
the Open Meetings Act, Public Act No. 267 of 1976, as amended.
Gregory L. Newman, City Clerk
Page 1 of 1
IX. B. - 1 of 2
joooooI
11/20/2013
.>< .t:P
N
o
I-t'-,
N
CITY OF GRAND LEDGE BUDGET AMENDMENT/APPROPRIATION REQUEST
ACCOUNT NUMBER
ACCOUNT DESCRIPTION .
CURRENT BUDGETI
FUND BALANCE
AT BEGINNING OF
FISCAL YEAR
AMENDED
REQUESTED
BUDGET
INCREASE
APPROPRIATIONI
(DECREASE) ESTIMATED REVENUE
i
REASON FOR
AMENDMENTS
General Fund
101-3~301~2~10
101~OO-oOO.a90~OO
Police· Outside Legal Services
Fund Balance
500
618,526
6,000
(6,000)
6,500 Union grievance & arbitration
--
.....
-.~
_
.....
_­
Grand Ledge City Council Resolution # __ of 2013
A Resolution to Annex City-Owned Property.
A resolution adopted by the Grand Ledge City Council, at a regular meeting held on Monday, 25 November
2013, in the Council chambers, City Hall, 200 E. Jefferson St. Grand Ledge, Michigan.
Whereas, the City of Grand Ledge, Michigan ("City") is a municipal corporation organized under the provisions
of the Home Rule City Act, Public Act 279 of 1909, as amended, and is governed by the provisions of the Grand
Ledge City Charter adopted 03 January 1963, as amended ("Charter"); and
Whereas, the City of Grand Ledge is the owner of land situated in the Charter Township of Oneida, Eaton
County, Michigan, described as follows:
Parcel A:
W 400 FT OF W 13 ACRES OF N 18 ACRES OF S 40 ACRES OF E 120 ACRES OF NE 1/4. SEC.14,
T4N, R4W, ONEIDA TWP 1992
Parce1B:
TOWNSHIP OF ONEIDA, EATON COUNTY, MICHIGAN, A PARCEL OF LAND IN SECTION 3, T4N, R4W, THE BOUNDARY OF SAID PARCEL BEING DESCRIBED AS: COMMENCING AT THE SOUTH 1/4 CORDER OF SAID SECTION 3; THENCE NORTH ALONG THE NORTH-SOUfH 1/4 CORNER OF SAID SECTION 3; THENCE NORTH ALONG THE NORTH-SOUfH 1/4 LINE OF SAID SECTION 3; 1558.79 FEET TO POINT OF BEGINNING; THENCE WEST 660.76 FEET; THENCE N OODEG OOFT 14" 431.08; THENCE S 89DEG 54FT 24" E, 660.79 FEET TO SAID N-S 1/4 LINE; THENCE SOUfH ALONG SAID N-S 1/4 LINE 430.00 FEET TO POINT OF BEGINNING Parcel C:
THE PART OF THE NORTHWEST 1/4 OF SECTION 14, TOWN 4 NORTH, RANGE 4 WEST, ONEIDA TOWNSHIP, EATON COUNTY, MICHIGAN, LYING SOUfH AND EAST OF THE CERNTERLINE OF THE JOHN EARL COUNTY DRAIN (COMMONLY KNOWN AS SANDSTONE CREEK) DESCRIBED AS: BEGINNING AT A POINT ON THE NORTH LINE OF SECTION 14, T4N, R4W, N89°43'43"W 224.54 FEET FROM THE NORTH 1/4 OF SAID SECTION; THENCE S02°24'26"E 436.75 FEET; THENCE S07°24'42"E 4.81 FEET; THENCE S07°24'42"E 83.65 FEET TO THE NORTHWEST CORNER OF LOT 1 OF BIG TREE (AS RECORDED IN LIBER 11 OF PLATS, PAGES 64 AND 65, EATON COUNTY RECORDS); THENCE ALONG THE COMMON BOUNDARY WITH BIG TREE, THE FOLLOWING THREE COURSES, S07°24'09"E 301.88 FEET; THENCE S07°58'58"W 594.38 FEET; THENCE S2r19'55"E 135.30 FEET TO AN ANGLE POINT ON THE REAR LOT ~INE OF LOT 10, BIG TREE; THENCE S09°18'09''W 282.15 FEET TO A POINT ON THE NORTH LINE OF PROPOSED FIELDVIEW DRIVE (66 FEET WIDE); THENCE SOUTHWESTERLY ON SAID NORTH LINE 138.35 FEET ON THE ARC OF A 333.0 FOOT RADIUS CURVE TO THE LEFT WHOSE CHORD BEARS S8r37'28"W 137.36 FEET; THENCE S71°43'20"W 109.90 FEET; THENCE NI8°16'40"W 200.00 FEET; THENCE S71°43'20''W PARALLEL WITH THE NORTH LINE OF PROPOSED FIELDVIEW DRIVE (66 FEET WIDE), 425.00 FEET; THENCE S43°43'44''W 98.21 FEET; THENCE S54°28'09"W 137.99 FEET; THENCE ON THE NORTHERLY LINE OF PROPOSED FIELDVIEW DRIVE (66 FEET WIDE) 15.02 FEET ON THE ARC OF A CURVE TO THE LEFT WHERE CHORD BEARS S48°42'12''W 15.02 FEET; THENCE N44°20'20''W 143.30 FEET; THENCE S54°28'09''W 138.92 FEET; THENCE N63°38'51''W 78.29 FEET TO THE WEST LINE OF THE EAST Yz OF THE NORTHWEST 1/4 SECTION 14; THENCE ON THE WEST LINE OF THE EAST Yz OF THE NORTHWEST 1/4, NOoo07'26"W 236.83 FEET TO A TRAVERSE LINE SOUfH AND EAST OF THE JOHN EARL DRAIN; THENCE N83°37'05"E 273.53 FEET; THENCE N78°39'OI"E 302.45 FEET; THENCE N43°33'21"E 500.06 FEET; THENCE N38°02'28"E 284.10 FEET; THENCE NOoo20'03''W 961.90 FEET TO THE SOUfH Page 1 of 3
IX. C. - 1 of 3
Resolution # _ _ of 2013
City of Grand Ledge UNE OF M-43 EASEMENT; THENCE NOoo20'03"W 140.01 TO THE NORTH LINE OF SECTION
14; THENCE S89°43'43"E 9.91FEET; TO THE POINT OF BEGINNING; ALSO INCLUDING THE
LAND BETWEEN THE CENTERLINE OF THE JOHN EARL DRAIN AND THE TRAVERSE LINE
ALONG THE NORTH AND WEST LINE OF THE ABOVE DESCRIBED PARCEL THAT IS
LOCATED IN THE EAST 1,6 OF THE NORTHWEST 1/4 OF SECTION 14.
Together with a 66-foot wide easement in the alignment of proposed Fieldview Drive for access over,
through, and across certain real described as follows:
THAT PART OF THE WEST 1,6 OF THE NORTHEAST 1/4 AND THE EAST 1,6 OF THE
NORTHWEST 1/4 OF SECTION 14, T4N, R4W, ONEIDA TOWNSHIP, EATON COUNTI,
MICHIGAN, BEING A 66 FOOT WIDE STRIP OF LAND, 33 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE: BEGINNING ON THE WEST LINE OF WOODVIEW
ESTATES NO.2 (AS RECORDED IN UBER #13 OF PLATS, PAGES 64 AND 65, EATON COUNTY
RECORDS) AT A POINT 33.00 FEET SOUTH OF THE SOUTHWEST CORNER OF LOT 36,
WOODVIEW ESTATES NO.2; THENCE N89°36'29"W 129.9 FEET; THENCE SOUTHWESTERLY
131.10 FEET ON THE ARC OF AN 83.00 FOOT RADIUS CURVE TO THE LEFT WHOSE CHORD
BEARS S45°08'31''W 117.89 FEET; THENCE SOoo06'17"E 146.38 FEET; THENCE
SOUTHWESTERLY 130.87 FEET ON THE ARC OF AN 83.00 FOOT CURVE TO THE RIGHT
WHOSE LING CHORD BEARS S45°16'30''W 117.73 FEET; THENCE N89°45'53''W 259.88 FEET;
THENCE NORTHWESTERLY 123.30 FEET ON THE ARC OF A 276.00 FOOT RADIUS CURVE TO
THE RIGHT WHOSE CORD BEARS N76°57'56"W122.28 FEET; THENCE N64°10'09"W 136.16
FEET; THENCE WESTERLY 230.95 FEET ON THE ARC OF A 300.00 FOOT RADIUS CURVE TO
THE LEFT WHOSE CORD BEARS N86°13'25"W 225.29 FEET; THENCE S7r43'20"W 613.63
FEET; THENCE SOUTHWESTERLY 80.00 FEET ON THE ARC OF A 183.00 FOOT RADIUS
CURVE TO THE LEFT AND A POINT OF ENDING OF THIS CENTERLINE DESCRIPTION.
ParcelD:
PART OF THE NORTH 10 ACRES OF THE WEST 1,6 OF THE WEST 1,6 OF THE NORTHEAST 1/4
OF SECTION 13, TOWN 4 NORTH, RANGE 4 WEST, ONEIDA TOWNSHIP, EATON COUNTY,
MICHIGAN, BEGINNING ON THE NORTH LINE OF SAID SECTION 13, 303 FEET EAST OF
THE NORTH 1/4 CORNER OF SECTION 13; THENCE SOUTH 651.5 FEET; THENCE EAST 100
FEET; THENCE NORTH 651.5 FEET TO THE NORTH LINE OF SECTION; THENCE WEST 100
FEET ALONG SAID SECTION LINE TO THE POINT OF BEGINNING.
and,
Whereas, the City of Grand Ledge is the sole owner of, and holds record legal title to, the parcels of real
properties (the "Properties") described above; and
Whereas, the Properties are currently situated within the corporate limits of the Charter Township of Oneida,
Eaton County, Michigan, a charter township organized and operating under Michigan law; and
Whereas, a qualified elector does not reside in the Properties; and
Whereas, the Properties are contiguous and adjacent to the corporate limits of the City;
Now, Therefore, it Is Resolved:
1. The City of Grand Ledge approves the annexation of the above-described property pursuant to
Section 9(8) of the Home Rule City Act, Act 279 of 1909 (MCL 117.9(8», as amended, and
Section 34(4) of the Charter Township Act, Act 359 of 1947 (MCL 42.34(4», as amended.
Page 2 of 3
IX. C. - 2 of 3
Resolution # __ of 2013
City of Grand Ledge 2. In accord with the provisions of said Acts, the City Council of the City of Grand Ledge requests
the Township Board of the Charter Township of Oneida to take action to complete said
annexation.
3. All resolutions and parts of the resolutions insofar as they conflict with the provisions of this
resolution be, and the same are, hereby rescinded.
Motion by
Second by
Ayes:
Nays:
Absent:
Approved:
Kalmin D. Smith, Mayor
I, Gregory Newman, Grand Ledge City Clerk, certify this is Resolution # __ of 2013, adopted by the Grand
Ledge City Council at a regular meeting held on Monday, 25 November 2013; a meeting held iu accordance with
the Open Meetings Act, Public Act No. 267 of 1976, as amended.
Gregory L. Newman, City Clerk
Page 3 of 3
IX. C. - 3 of 3
Grand Ledge City Council Resolution # __ of 2013
A Resolution to Approve an Application for a Michigan Department of Environmental Quality, Stormwater, Asset Management, and Wastewater Program Grant. A resolution adopted by the Grand Ledge City Council, at a regular meeting held on Monday, 2S November
2013, in the Council chambers, City Hall, 200 E. Jefferson St. Grand Ledge, Michigan.
Whereas, the City of Grand Ledge, Michigan ("City") is a municipal corporation organized under the provisions
of the Home Rule City Act, Public Act 279 of 1909, as amended, and is governed by the provisions of the Grand
Ledge City Charter adopted 03 January 1963, as amended ("Charter"); and
Whereas, the City desires to obtain a Michigan Department of Environmental Quality, Stormwater, Asset
Mauagement, and Wastewater Program Grant to improve its stormwater and asset management systems; and
Whereas, the City determines it in the best interests of the public health, safety and welfare of the citizens of the
City of Grand Ledge to obtain said grant;
Now, Therefore, it Is Resolved:
1. The City approves an application for a Michigan Department of Environmental Quality, Stormwater, Asset Management, and Wastewater program grant. 2. The Mayor and the Clerk of the City, or their duly authorized agent or representative, are authorized and directed to execute said Application on behalf of the City of Grand Ledge; to do any other act(s) or thing(s) which shall be necessary to execute said Application on behalf of the City of Grand Ledge; to preserve and protect the rights, duties and obligations of the City thereunder; and to do any act or thing required by statute, Charter, ordinance, rule, regulation or other provision of law in order to execute said Application. Motion by
Second by
Ayes:
Nays:
Absent:
Approved:
Kalmin D. Smith, Mayor
I, Gregory Newman, Grand Ledge City Clerk, certify this is Resolution # __ of 2013, adopted by the Grand
Ledge City Council at a regular meeting held on Monday, 2S November 2013; a meeting held in accordance with
the Open Meetings Act, Public Act No. 267 of 1976, as amended.
Gregory L. Newman, City Clerk
Page 1 of 1
IX. D. - 1 of 1
Grand Ledge City Council Resolution # __ of 2013
A Resolution to Approve a Proposal from Ziemnick Foster Engineering,
LLC, for Engineering Services for Seeking and Admimstrating a Michigan
Department of Environmental Quality, Stormwatei, Asset Management,
and Wastewater Program Grant.
A resolution adopted by the Grand Ledge City Council, at a regular meeting held on Monday, 25 November
2013, in the Council chambers, City Hall, 200 E. Jefferson St. Grand Ledge, Michigan.
Whereas, the City of Grand Ledge, Michigan ("City") is a municipal corporation organized under the provisions
of the Home Rule City Act, Public Act 279 of 1909, as amended, and is governed by the provisions of the Grand
Ledge City Charter adopted 03 January 1963, as amended ("Charter"); and
Whereas, Charter §C-14.1(a) provides:
"That the power to make and to authorize the making of contracts on behalf of the City is vested in the Council
and shall be exercised in accordance with the provisions of law."; and
Whereas, the City desires to obtain a Michigan Department of Environmental Quality, Stormwater, Asset
Management, and Wastewater Program Grant; and
Whereas, Ziemnick Foster Engineering, LLC, has submitted a proposal for engineering services for Seeking and
Administrating a Michigan Department of Environmental Quality, Stormwater, Asset Management, and Wastewater
Program Grant; and
Whereas, the City determines it in the best interests of the public health, safety and welfare of the citizens of the
City of Grand Ledge to approve said proposal;
Now, Therefore, it Is Resolved:
1. The City approves the Engineering Services Proposal, from Ziemnick Foster Engineering, LLC,
for seeking and administrating a Michigan Department of Environmental Quality, Stormwater,
Asset Management, and Wastewater Program Grant, as attached.
2. The Proposal is contingent upon the appropriation of the necessary funds in the Annual Budget
for the Fiscal Year Ending 30 June 2014.
3. The Mayor and the Clerk of the City, or their duly authorized agent or representative, are
authorized and directed to execute said Proposal on behalf of the City of Grand Ledge; to do
any other act(s) or thing(s) which shall be necessary to execute said Proposal on behalf of the
City of Grand Ledge; to preserve and protect the rights, duties and obligations of the City
thereunder; and to do any act or thing required by statute, Charter, ordinance, rule, regulation
or other provision of law in order to execute said Proposal.
Motion by
Second by
Ayes:
Nays:
Absent:
Page 1 of 2
IX. E. - 1 of 7 Resolution # _ _ of 2013
City of Grand Ledge
Approved:
Kalmin D. Smith, Mayor
I, Gregory Newman, Grand Ledge City Clerk, certify this is Resolution # __ of 2013, adopted by the Grand
Ledge City Council at a regular meeting held on Monday, 25 November 2013; a meeting held in accordance with
the Open Meetings Act, Public Act No. 267 of 1976, as amended.
Gregory L. Newman, City Clerk
Page 2 of 2
IX. E. - 2 of 7 ZIEMNICK FOSTER ENGINEERING, llC
12350 Oneida Road
Grand ledge, MI 48837
517.627.8086
www.z/engineerlng.com
11/12/2013
Re: City of Grand ledge - SAW Grant Application
Project No: P13054
Zfe
Mr. larry laHaie - Public Services Director City of Grand ledge 200 E. jefferson Street Grand ledge, MI 48837 Dear larry:
Ziemnick Foster Engineering, llC (ZFE) is pleased to submit this proposal to provide civil engineering
professional services for seeking and administrating a Michigan Department of Environmental Quality
(MDEQ) Stormwater, Asset Management, and Wastewater (SAW) program grant.
The SAW Grant program is new and directly associated to Proposal 2 (the Great Lakes Water Quality Bond) which Was passed in November of 2002. This bill appropriated $450 million dollars towards . stormwater, asset management and wastewater programs. In fiscal year 2014, the MDEQ will begin this program by allocating $97 million dollars in grants and loans. A total of $2 million dollars in grants is available per community. A 10% local match is required for the first $1 million dollars and a 25% local . match for the second $1 million dollars. Disadvantaged communities are eligible for 100% grant. These
are communities or municipalities which are operating under an emergency manager or a financial
consent agreement.
Grants are reviewed and awarded on a first-come, first-served basis. Monies may be used in the
following areas:
1. Grants
a. Planning and Design of wastewater and stormwater projects.
b. Development of stormwater managements plans (MS4, NPS, SAW).
c. Development of wastewater and stormwater asset management plans.
d. Testing and Demonstration of Innovative Technology.
2. loans
a. Construction of projects identified in approved stormwater management plan.
b. Construction of projects identified in approvable asset management plan.
c. Testing and Demonstration / Construction of projects of proven Innovative Technology.
Applications for the 2014 will be received by MDEQ on or after December 2, 2013. The MDEQ has a 120
day review period to review the applications. Awards are not expected before April 2014 as the volume
of applicants is expected to be high.
IX. E. - 3 of 7 ZFE Project P13054
MDEQSAW Grant
Page 2 of3
....
PHASE I - SAW GRANT APPLICATION
To begin the process, ZFE will meet with City staff to discuss the grant and probable areas that the City
would be interested in apply for assistance. It is understood that a grant for a wastewater asset
management plan is the most likely activity to be requested.
PHASE 11- ASSET MANAGEMENT PLAN
Should the City be selected and awarded a SAW Grant, the second phase will commence. To begin the
Asset Management Plan, ZFE will meet with staff to review the City's collection and treatment system.
Data collection will be key part of this phase which will include the following items:
A. Survey all sanitary manholes, pump stations, and key fixtures of the sanitary collection system.
B. Convert surveyed physical data into a Geographic Information Systems (GIS) service-wide
model. C.. Conduct a closed-circuit television survey of key portions of the collection system. D. Prepare an Asset Management Plan for the waste water collection system.
The final asset management plan will provide the City with a summary of the current system assets and
any proposed or recommended asset improvements into the near future. This planning will help the
City going into the future with identifying timelines and setting budgets for infrastructure
improvements. The plan will also be submitted to MDEQ, as required, as fulfillment of the grant
requirements.
Actual grant costs for Phase II will be determined with discussions with the City in Phase I. It is believed
that a grant amount of less than $1,000,000 will be requested.
PROFESSIONAL FEES
ZFE proposes to complete the professional services based on an hourly fee at the time of service. ZFE
reviews our billing rates on an annual basis. When adjustments are made to the below rates, ZFE will
provide the City with written documentation of reVised fees within 30 days of revision.
ZFE will invoice for services rendered on a monthly basis. Payment is due within thirty (30) days of
invoice date.
ZFE hourly rates are listed below:
TiTlE
Civil Engineer, Surveyor
Sr. Engineer
Field Technician
Survey Crew
CAD Tech I PC Tech I Secretary
RATES PER HOUR
$95
$125
$70
$130
$50
ZFE services will be in accordance with the included General Terms & Conditions.
IX. E. - 4 of 7 ZFE Project P13054
MDEQ SAW Grant
Page 3 of3
CITY FUNDS REQUIRED
If awarded a SAW Grant, the City will be responsible for the following fees:
Phase 1- SAW Grant Application
Phase II - Asset Management Plan
$0
10% of Awarded Grantt
t - For project limits of $1,000,000. 25% local match would be required on any dollar amount greater
than $1,000,000.
SCHEDULE
ZFE has begun to research the Phase I portion and is able to complete this by the December 2, 2013
application deadline. Phase II, if a grant is awarded, will commence within 3 weeks of authorization and
will be completed by end of calendar year 2015.
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are
authorized to do the work as specified. Payment will be made as outlined above.
SIGNED:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Title
DATE:,_______________ Note: This proposal may be withdrawn byZiemnick Foster Engineering, LLC if not accepted within 1 month. We appreciate the opportunity to provide a proposal on this project. If you agree with the terms outlined above, please sign and return one copy to ZFE. Please feel free to contact us with any questions regarding this proposal. Sincerely, ZIEMNICK FOSTER ENGINEERING, LLC James W. Foster, P.E.
Delivered by: via Email (PDF)
Ene:
General Terms and Conditions
IX. E. - 5 of 7 General Terms and Conditions
For Professional Services
Zfe
AUTHORIZATION. Ziemnlck Foster Engineering, LLC (ZFE) will begin services upon written authorization to proceed. CLIENT
may authorize ZFE to proceed with work either by issuing a signed contract (the "Contract"), by Issuance of an
acknowledgement, confirmation, purchase order or other communication. Regardless of the form used, these General Terms
and Conditions shall prevail as the basis of CLIENT's authorization to ZFE. If the terms or conditions of any CLIENT document or
communication conflict with these General Terms and Conditions, this agreement shall control.
CLIENT RESPONSIBILITIES. CLIENT shall provide all criteria and full information as to requirements for the Project and designate
in writing a person with authority to act on CLIENT's behalf on all matters concerning the project. If ZFE's services under this
Authorization do not include fUll-time construction observation or review of the Contractor's performance, CLIENT shall assume
responsibility for Interpretation of contract documents and for construction observation, and shall waive all claims against ZFE
that may be in any way connected thereto.
COMPENSATION. ZFE will bill the CLIENT according to the method set forth In the proposal document with net payment due In
thirty (30) days. The quoted fee will control until amended. Past due balances shall be subj!i!ct to an interest charge at a rate
of 1-1/2% per month. In addition, ZFE may, after giving seven (7) days' written notice, suspend service under any agreement
until the CLIENT has paid in full all amounts due it for services rendered and expenses incurred, including the Interest charge on
past due invoices. Quoted fees or rates do not include any applicable state and local sales or use taxes, gross receipts taxes, or
value-added taxes. Any such taxes shall be the responsibility of the CLIENT to pay. Unless stipulated otherwise, CLIENT shall
compensate ZFE at hourly billing rates in effect when services are provided by ZFf employees. Legal testimony, deposition or
expert witness appearance fees will be billed at a minimum of 11/2 times the hourly rate In effect when such services are
provided. Hourly rates are subject to annual review and adjustment by ZFf. In any adjustments are made to the hourly rates,
such rate changes will be provided in writing to the CLIENT In advance of the rendering of services.
CHANGES IN PROJECT SCOPE. The quoted fees and scope of services constitute the best estimate of the fees and tasks
required to perform the services as defined. This agreement, upon execution by both parties, hereto, may be amended only by
written instrument signed by both parties. As the project progresses, facts uncovered may reveal a change in direction which
may alter the scope. ZFE will inform the CLIENT In writing of such situations so that changes In this agreement may be made as
required. In addition, if the CLIENT requests significant modifications or changes in the scope of the project, the time of
performance of ZFE's services and the fees shall be adjusted before ZFE undertakes the additional work. Compensation for
changes In scope shall be based on the hourly rates when the services are performed, unless otherwise stipulated.
PROFESSIONAL STANDARDS AND OPINIONS OF COST. ZFE will provide services in accordance with ordinary generally accepted
professional practices. ZFE disclaims all warranties and guarantees, express or Implied. The standard of care for services
performed or furnished be ZFE will be the care and skill ordinarily used by members of ZFE's profession practicing under similar
circumstances at the same time and in the same locality. Any opinions of probable project costs, reviews and observations, and
other decisions made by ZFE for the CLIENT are rendered on the basis of experience and qualifications and represent the
professional judgment ofZFE. However, ZFE cannot and does not guarantee that proposals, bids or actual project or
construction costs will not vary from the opinion of probable cost prepared by it. CLIENT agrees to indemnify and to hold ZFE
harmless for any claim arising out of or related in any way to project or construction costs even if such claim arises out of
and/or has been caused In whole or In part by negligence on the part of ZFE.
TERMINATION. Termination of this Agreement by the CLIENT or ZFE shall be effective upon ten (10) days' written notice to the
other party. The written notice shall incl ude the reasons and details for termination. In the event of termination, ZFE shall be
equitably compensated for services performed to the effective date ofthe termination. Failure of the CLIENT to make
payments to ZFE is accordance with this Agreement shall be considered substantial nonperformance and Is sufficient cause for
ZFE to either suspend or terminate services. ZFE will prepare a final invoice showing all charges incurred through the effective
date of termination; payment is due as stated within these Terms and Conditions.
LIMITATION OF LIABILITY. The liability of ZFE to the CLIENT for any indemnity commitments or for any damages arising In any
way out of performance of this Agreement is limited to a period of twelve (12) months from the date of the last bill from ZFE to
the CLIENT whether paid or not paid by the CLIENT. ZFE shall not be liable for any loss due to terrorism. To the fullest extent
permitted. by law, ZFE total liability to CLIENT for any cause or combination of causes, which arise out of claims based upon
professional liability, errors and omissions, whether based upon contract, warranty, negligence, strict liability or otherwise Is, in
the aggregate, is limited to the greater of $25,000 or the amount of the fee earned under this authorization. To the fullest
extent. permitted by law, ZFE's total liability to CLIENT for any cause or combination of causes, which arise out of claim for
which ZFE is covered by insurance other than professional liability errors and omissions, whether based upon contract,
warranty, negligence, strict liability or otherwise is, in the aggregate, limited to the total insurance proceeds paid on behalf of
or to ZFE by ZFE's Insurers in settlement or satisfaction of ZFE's claims under the terms and condltioris of insurance poliCies
applicable thereto.
ZFE General Terms and Condition for Professional Services
04/2013
IX. E. - 6 of 7 Page 10f2
General Terms and Conditions
for Professional Services
Zfe
INDEMNIFICATION. ZFE will defend, indemnify and hold CLIENT harmless for any claim, liability or defense cost for injury or
loss sustained by any party from exposures caused by ZFE's negligence or willful misconduct. CLIENT agrees to defend,
indemnify and hold ZFE harmless for any claim, liability or defense cost for injury or loss sustained by any party from exposure
allegedly caused by ZFE's performance of services of this Agreement, expect for injury or loss caused by the negligence or willful
misconduct of ZFE. These indemnities are subject to specific limitations provided for in this Agreement.
INSURANCE. ZFE will maintain insurance coverage for: worker's compensation, general liability, automobile liability, and
profeSSional liability. ZFE will provide information as to specific limits upon written request. If the CLIENT requires coverage's
or limits in addition to those In effect as of the date of the agreement, premiums for additional insurance shall be paid by the
CLIENT. CLIENT shall cause ZFE and ZFE's consultants, employees and agents to be listed as ad<iitional insured on all
commercial general liability and property insurance policies carried by CLIENT which are applicable to the Project. CLIENT shall
also provide worker's compensation insurance for CLIENT's employees. CLIENT agrees to have their insurers endorse these
Insurance policies to reflect that, in the event of payment or any loss or damages. subrogation rights under the Agreement are
hereby waived by the insurer with respect to claims against ZFE. CLIENT shall require Contractor to purchase and maintain
commercial general liability and other insurance as speCified In the contract documents and to cause ZFE and ZFE's consultants,
employees and agents to be listed as additional insured's with respect to such liability and other insurance purchased and
maintained by Contractor for the Project. Contractor must agree to have their Insurers endorse these insurance policies to
reflect that, in the event of payment of any loss or damages, subrogation rights under this Agreement are hereby waived by the
insurer with respect to claims against ZFE.
DATA AND IMAGE FILES. Both electroniC and hard copy (hereinafter "files") are part of ZFE's instruments of service and shall
not be used for any purpose other than for the described project. Any reuse of files or services pertaining to this project or any
other project shall be at CLIENT's sole risk and without liability or legal exposure to ZFE. ZFE makes no representation as to
compatibility of electronic files with CLlENrs hardware or software. Differences may exist between these electronic files and
corresponding hard-copy documents. ZFE makes no representation regarding the accuracy or completeness of the electronic
files provided. In the event that a conflict arises between the signed or sealed hard-copy documents prepared by ZFE and the
electronic files, the signed or sealed hard-copy documents shall govern. Because information in the electronic files can be
modified, unintentionally or otherwise, ZFE reserves the right to remove all indicia of ownership and/or involvement from each
electronic display. Under no circumstances shall delivery of electronic files for reuse be deemed a sale by ZFE and ZFE makes no
warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall ZFE be liable
-. for any loss of profit, delays damages, or any consequential damages as a result of reuse or changes to file or any data therein.
To the fullest extent permitted by law, CLIENT shall indemnify and hold ZFE, its employees and agent harmless against all
damages, liability or costs, including reasonable attorneys' fees, arising or resulting for alENT's reuse of file or data.
GENERAL CONSIDERATIONS. This Agreement shall not be construed as imposing upon or providing ZFE the responsibility or authority to direct or supervise construction means, methods, techniques, sequence, or procedures of construction selected by the contractors or subcontractors Of the safety precautions and programs incident to the work of the contractors or subcontractors. ZFE is not liable, in contract or tort or otherwise, for any special, indirect,· consequential, or liquidated damages including speCifically, but without limitation, loss of profit or revenue, loss of capital, delay damages, loss of goodwill, claim of third parties, or similar damages. This Agreement cannot be changed or terminated orally. No waiver of compliance with any provislop or condition hereof shall
be effective unless agreed in writing duly executed by the waiving party.
Neither CLIENT nor ZFE will have any liability for nonperformance caused in whole or in part by causes beyond ZFE's reasonable
control. Such causes include, but are not limited to, Acts of God, civil unrest and ware, labor unrest and strikes, acts of
authorities, acts of terrorism, and event that count not be reasonably be anticipated.
This Agreement shall be construed and interpreted In accordance with the laws of the state of Michigan. No action may be
brought except in the state of Michigan.
This Agreement contains the entire understanding between the parties on the subject matter hereof and no representations,
inducements, promises or agreements not embodied herein (unless agreed in writing duly executed) shall be of any force or
effect, and this Agreement supersedes any other prior understanding entered Into between the parties on the subject matter
hereof. The Agreement does not create any benefits for any third party.
END OF GENERAL TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES
ZFE General Terms and Condition for Professional Services
04/2013
Page 2 of2
IX. E. - 7 of 7 
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