City Commission Packet 05-28-2002

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        CITY OF MUSKEGON
          CITY COMMISSION MEETING
                               MAY 28, 2002
       CITY COMMISSION CHAMBERS@ 5:30 P.M.


                                     AGENDA

•   CALL TO ORDER:
•   PRAYER:
•   PLEDGE OF ALLEGIANCE:
•   ROLL CALL:
•   HONORS AND AWARDS:
•   PRESENTATIONS:
•   CONSENT AGENDA:
                 a. Approval of Minutes. CITY CLERK
                 b. Michigan Municipal League - Annual Membership Dues (7 /1 /02 -
                    6/30/03). CITY MANAGER
                 c. Plow Truck Purchase. DEPARTMENT OF PUBLIC WORKS
                 d. Comprehensive Economic Development Strategy.          PLANNING &
                    ECONOMIC DEVELOPMENT
                 e. Consideration   of   Bids   -   Wilson   Avenue.   Dowd   to   Henry.
                    ENGINEERING
                 f.   City - MDOT Agreement for Laketon Avenue. from Peck to Park.
                      ENGINEERING
•   PUBLIC HEARINGS:
•   COMMUNICATIONS:
•   CITY MANAGER'S REPORT:
•   UNFINISHED BUSINESS:
                 a. SECOND READING: Pension Ordinance Clarification. FINANCE
•   NEW BUSINESS:
                       a. Zoning Ordinance Amendment to Allow Private Schools. Operated
                          for Profit in the B-2. Convenience and Comparison Business and
                          the B-4. General Business. Districts.  PLANNING & ECONOMIC
                            DEVELOPMENT
                       b. Market and Housing Analysis of Downtown Waterfront. PLANNING
                          & ECONOMIC DEVELOPMENT
                       c. Clarification on the Special Assessment Policy Amendment of May
                          14. 2002. ENGINEERING
                       d. Consideration of Bids     Laketon                          Avenue         at Barclay Street
                          Intersection. ENGINEERING


•   ANY OTHER BUSINESS:
•   PUBLIC PARTICIPATION:
•   Reminder: Individuals who would like fa address the City Commission shall do the following:
•   Be recognized by the Chair.
•   Step forward to the microphone.
•   State name and address.
•   limit of 3 minutes fo address the Commission.
•   (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
•   ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
Date:      May 28, 2002
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 City
Commission and the Historic District Commission Meeting that was held
on Thursday, April 18, 2002, and the Regular Commission Meeting that
was held on Tuesday, May 14, 2002.


FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
        CITY OF MUSKEGON
         CITY COMMISSION MEETING
                            MAY 28, 2002
      CITY COMMISSION CHAMBERS                           @   5:30 P.M.


                                      MINUTES

   The Regular Commission Meeting of the City of Muskegon was held at City of
Muskegon was held at the City Hall, 933 Terrace Street, Muskegon, Michigan at
5:30pm, Tuesday May 28, 2002.
   Mayor Warmington opened the meeting with a prayer from Pastor Aikin of Central
Assembly of God, after which members of the City Commission and members of the
public joined in reciting the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
   Present: Mayor Stephen Warmington; Vice-Mayor Karen Buie: Commissioners
Stephen Gawron, William Larson, Robert Schweifler, Clara Shepherd and Lawrence
Spataro; City Manager Bryon Mazade, Assistant City Attorney John Schrier and City
Clerk Gail Kundinger.
2002-65 CONSENT AGENDA:
              a. Approval of Minutes. CITY CLERK
  SUMMARY OF REQUEST: To approve the minutes of the City Commission and the
  Historic District Commission Meeting that was held on Thursday, April 18, 2002 and
  the Regular Commission Meeting that was held on Tuesday, May 14, 2002.
  FINANCIAL IMPACT: None
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Approval of the minutes.
              b. Michigan Municipal League - Annual Membership Dues (7 /1 /02 -
                 6/30/03). CITY MANAGER
  SUMMARY OF REQUEST: To obtain permission from the City Commission in
  accordance with the Purchasing Policies and Procedures, to pay the MML Annual
  Membership dues for July 1, 2002 through June 30, 2003.
  FINANCIAL IMPACT:
  MML Membership Dues:                        $8,689
  Environmental Affairs Assessment:           $1,043
Legal Defense Fund Membership:               $ 869
         Total Dues:                         $10.601
BUDGET ACTION REQUIRED: None. Cost applied to proper budget line items.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: None
             c. Plow Truck Purchase. DEPARTMENT OF PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase 2 cab and chassis plow trucks from
Woodland International. Dump Boxes and underbody plows to bid out at a late
date.
FINANCIAL IMPACT: Total Cost $96,911.02
BUDGET ACTION REQUIRED: None. $100.000 was budgeted for this purchase.
STAFF RECOMMENDATION: Approve purchase of budgeted replacements for a
total cost of $96,911.02 from Woodland International.
            e. Consideration   of   Bids    Wilson     Avenue.   Dowd   to   Henry.
               ENGINEERING
SUMMARY OF REQUEST: The contract to construct Wilson Ave. from Dowd to Henry
{H-1523) be awarded to Felco Contrators out of Muskegon since they were the
lowest (see bid tabulation) responsible bidder with a bid price of $115,429.0 l.
FINANCIAL IMPACT: The construction cost of $115.429.01            plus associated
engineering cost which is estimated at an additional 20%.
STAFF RECOMMENDATION: Award the contract to Felco Contractors.
BUDGET ACTION REQUIRED: None
COMMITTEE REDCOMMENDATION:
            f.   City - MDOT Agreement for Laketon Avenue. from Peck to Park.
                 ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MOOT for the milling &
resurfacing and partial widening of Laketon Ave., between Peck & Park and to
approve the resolution authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: MOOT participation is about $374,200 but not to exceed
81.85% of eligible cost. The estimated total (including engineering) cost of the
project is $550,000.
BUDGET ACTION REQUIRED: None at this time. The City's share of the cost will
come out of the Major Street Fund as was budgeted.
STAFF RECOMMENDATION: That the agreement and resolution be approved.
COMMITTEE RECOMMENDATION:
   Motioned by Vice Mayor Buie, second by Commissioner Schweifler to approve
the Consent Agenda except for item d.
     ROLL VOTE: Ayes: Warmington Buie, Gawron, Larson, Schweifler, Shepherd,
                Spataro,
                 Nays: None
     MOTION PASSES
2002-66 ITEMS REMOVED FROM CONSENT AGENDA
              d. Comprehensive Economic Development Strategy.          PLANNING &
                 ECONOMIC DEVELOPMENT
  SUMMARY OF REQUEST: To
  FINANCIAL IMPACT: None
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: To approve submittal of the CEDS project list.
  COMMITTEE RECOMMENDATION: Planning Commission has approved the list.
  Motion by Commissioner Schweifler, second by Vice Mayor Buie to approve
  submittal of potential project list for the Comprehensive Economic Development
  Strategy {CEDS).
  ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron,
             Larson
              Nays: None
  MOTION PASSES
  2002-67 UNFINISHED BUSINESS:
              a. SECOND READING: Pension Ordinance Clarification. FINANCE
  SUMMARY OF REQUEST: Section l 0(d) of the City's Police & Fire Retirement System
  ordinance provides that "a member who remains in the employ of the City but
  ceases to be a police officer or a firefighter shall remain a member of the
  retirement system for the duration of his City employment". This provision recently
  came into play when the former Fire Marshall assumed the position of Director of
  Inspections. The current ordinance does not, however, specify the benefits or
  contributions pertaining to an affected employee. Attached is a technical
  correction ordinance intended to address this matter. It provides that the
  contributions and benefits will be the same as if the member had not left
  employment with the Police or Fire Departments.
  FINANCIAL IMPACT: None
  BUDGET ACTION REQUIRED: None. The position was budgeted with the pension
  benefits accorded to a Fire Department position.
  STAFF RECOMMENDATION: Approval.
  At the Legislative Policy Committee meeting held Wednesday, April 24, 2002.
  Legislative Policy Committee voted to adopt the ordinance as recommended by
  staff and legal counsel. Vote was 4 Yeas, l Absent, 2 Nays.
  Motion by Commissioner Spataro, second by Commissioner Gawron to approve
  the Pension Ordinance Amendment.
  ROLL VOTE: Ayes: Shepherd, Spataro, Gawron, Schweifler
               Nays: Warmington, Buie, Larson
  MOTION PASSES
2002-68 NEW BUSINESS:
               a. Zoning Ordinance Amendment to Allow Private Schools. Operated
                  for Profit in the B-2. Convenience and Comparison Business and
                  the B-4. General Business. Districts. PLANNING & ECONOMIC
                  DEVELOPMENT
  SUMMARY OF REQUEST: Request to amend Section 1101 (Special Land Uses
  Permitted) of Article XI (B-2, Convenience and Comparison Business) and Section
  1300 (Principal Uses Permitted) of Article XIII (General Business) of the City's Zoning
  Ordinance to allow private schools, operated for profit.
  FINANCIAL IMPACT: None
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
  Ordinance to add the proposed language in the articles and sections described
  above.
  COMMITTEE RECOMMENDATION: The Planning Commission recommended
  approval of the request at their 5/16/02 meeting. The vote was unanimous, with
  M. Kleaveland absent.
  Motion by Commissioner Schweifler, second by Commissioner Spataro to approve
  the Zoning Ordinance Amendment.
  ROLL VOTE: Ayes: Spataro,      Warmington,     Buie,   Gawron,    Larson,   Schweifler,
             Shepherd
              Nays: None
  MOTION PASSES
              b. Market and Housing Analysis of Downtown Waterfront. PLANNING
                 & ECONOMIC DEVELOPMENT
  SUMMARY OF REQUEST: To approve the contract with Gibbs Planning Group, 148
  Pierce Street, Birmingham, Ml. Under this contract Gibbs will perform a market
  and housing analysis of Muskegon's Downtown Waterfront.
  FINACIAL IMPACT: The contract amount is $28,000.00 plus additional expenses not
  to exceed $1,500.00. The City has already agreed to contribute $5,000. The
  County and the private sector each have contributed $5,000. In addition the City
  has received a $15,000 grant for this project from the State of Michigan.
  Other consultants did come in with lower bids but did not include the full scope of
  services and/or the services outlined did not appear to be of the same quality
  offered by Gibbs Planning Group.
 The Chesapeake Group, 8516 Green Lane, Baltimore MD, $25,000
 Market lnsite Group/McKenna Associates, 3250 West Big Beaver Rd., Troy, Ml,
 $36,000
 Beckett & Raeder, 535 West William, Suite 101, Ann Arbor, Ml, $25,000
 BUDGET ACTION REQUIRED: None
 STAFF RECOMMENDATION: To approve the contract with Gibbs Planning Group,
 148 Pierce Street, Birmingham, Ml.
 COMMITTEE RECOMMENDATION:
 Motion by Commissioner Spataro, second by Commissioner Larson to approve the
 contract with Gibbs Planning Group, 148 Pierce Street, Birmingham, ML
 ROLL VOTE: Ayes:   Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
            Spataro
             Nays: None
 MOTION PASSES
             c. Clarification on the Special Assessment Policy Amendment of May
                14, 2002. ENGINEERING
  SUMMARY OF REQUEST: It is respectfully requested that the recent amendment of
  the special assessment policy be Vacated due to ambiguous interpretation and
  revert to the original table (80%) when preparing the assessable per foot cost
  which is based on the cost of assessable items. However, it is requested that the
. policy be amended to limit the total assessment on any pavement project as
  described in said policy to a maximum of 45% of the TOTAL COST OF THE PROJECT
  which would be determined at the time the roll being spreading.
 FINANCIAL IMPACT: None anticipated at this time.
 BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Amend the special assessment policy.
 COMMITTEE RECOMMENDATION:
Motion by Commissioner Larson, second by Commissioner Schweifler to approve
to amend the special assessment policy.
ROLL VOTE: Ayes:   Buie,     Gawron,    Larson,   Schweifler,   Shepherd,   Spataro,
           Warmington
             Nays: None
MOTION PASSES
             d. Consideration of Bids - Laketon Avenue at Barclay Street
                Intersection. ENGINEERING
SUMMARY OF REQUEST: The Whitetopping of Laketon Ave. at Barclay St. contract
(H-1555) be awarded to Veneklasen Concrete Construction out of Rockford since
they were the lowest (see bid tabulation) responsible bidder with a bid price of
$116,495.00.
FINANCIAL IMPACT: The construction cost of $116,495.00 plus . associated
engineering cost which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION:        Award   the   contract   to   Veneklasen   Concrete
Construction.
COMMITTEE RECOMMENDATION:
Motion by Commissioner Shepherd, second by Commissioner Spataro to award
the contract to Veneklasen Concrete Construction.
ROLL VOTE: Ayes:   Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington,
           Buie
            Nays: None
MOTION PASSES
ADJOURNMENT: The Regular Commission Meeting for the City of Muskegon was
adjourned at 6:05PM.
                                             Respectfully submitted,




                                              ktL~
                                             Gail Kundinger, CMC/AAE
                                            City Clerk
                               AGENDA ITEM NO. _ _ _ __

                          CITY COMMISSION MEETING          05/28/02


TO:          Honorable Mayor and City Commissioners

FROM:        Bryon L. Mazade, City Manager

DATE:        May 13, 2002

RE:          MML -Annual Membership Dues (7/1/02 - 6/30/03)


SUMMARY OF REQUEST:

To obtain permission from the City Commission, in accordance with the Purchasing Policies and
Procedures, to pay the MML Annual Membership Dues for July 1, 2002, through June 30, 2003.



FINANCIAL IMPACT:

MML Membership Dues:              $8,689
Environmental Affairs Assessment: $1,043
Legal Defense Fund Membership: $ 869

        Total Dues:                 $10,601



BUDGET ACTION REQUIRED:

None. Cost applied to proper budget line items.




STAFF RECOMMENDATION:

Approval.




COMMITTEE RECOMMENDATION:

None.




O:COMMON\DEPTMENT\A.DMIN\AGNDAFRM
JMS- 0: (MML-DUES-2002&2003)
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            MICHIGAN
            MUNICIPAL


                   President
                                    Ms. Gail A. Kundinger
                                    Muskegon City Clerk
                                                                                                May 3, 2002




    ROBERT SLATTERY, JR.
            Mayor, Mount Morris     933 Terrace St.                                                                              MAY 1 o •.. ·--~
                                    PO Box 536                                                                                    MUSKEG<:.,,
           Vice President           Muskegon, MI 49443-0536
    FRANKLIN L. CAMPBELL
                                                                                                                      CIIX MANAGsn•s
                Mayor, Hastings                                                                                  ._ _ _ _,;;:O;,;;F.;;:l!;,;IC:,::E:_
                                                                                                                                                      ... -- .
                                    Dear Ms. Kundinger:
                    Trustees
MARGARET "PEGGI' ARNOLD             Enclosed are your Michigan Municipal League renewal invoice and membership
              Mayor, Manistique
                                    plaque insert that recognizes your continuing membership in the MML. In preparing
           KENNETH BABICH
                 Mayor, Marlette    your invoice, the state shared revenue figures used for the dues calculation are
                                    accurate to the best of our knowledge.
    C. D. 'AL' CAPPUCCILLI
                  Mayor, Monroe

           SHEILA COCKREL           On behalf of the trustees and staff I would like to thank you for your continued
         Councilmember, Detroit     support of the League. It is only through the cooperation and participation of our
      GRETCHEN DRISKELL             municipal members that the League is in a position to help meet the needs of local
                   Mayor, Saline    government by providing information, education, political involvement and a host
            MYRON FRASIER           of other services tailored especially for member cities and villages.
    Council President, Southfield

    PATRICIA KILLINGBECK            Your participation in League meetings, conferences, training programs and our
           City Manager, AuGres
                                    miscellaneous services is encouraged as we move into our second century of
               KURT KIMBALL
    City Manager, Grand Rapids
                                    furthering and strengthening the objectives of local government.
           KA TE LAWRENCE
                 Mayor, Brighton    The three League offices are always available to you, as is the MML's Web site
            JAMES LEIDLEIN
                                    (www.mml.org).
    City Manager, Harper Woods

           THOMAS MARKUS            Please feel free to call me or any staff member should you have questions.
      City Manager, Birmingham

            SPENCER NEBEL                                                                       Sincerely,
   City Manager, Sault Ste. Marie

             CAROL SHEETS
       Mayor Pro Tern, Wyoming                                                                                         •
            JAMES SINCLAIR                                                                      G
    Councilmember, Rogers City
                                                                                                Executive Director
           JOEL THOMPSON
                  Mayor, Otsego

          JOSEPH YUCHASZ
                                    Enc.
    vmage President, Elk Rapids

      Executive Director
     GEORGE D. GOODMAN

                                                                      A member of the National League of Cities
       Web Address                     Headquarters Office                         Lansing Office                                  Northern Field Office
          www.mml.org                1675 Green Road, P.O. Box 1487        320 N. Washington Square, Suite 110                       200 Minneapolis Avenue
                                        Ann Arbor, Ml 48106-1487                 Lansing, Ml 48933-1288                             Gladstone, Ml 49837-1931
                                          Phone: 734-662-3246                     Phone: 517-485-1314                                 Phone: 906-428-0100
                                           Fax: 734-662-8083                       Fax: 517-372-7476                                   Fax: 906-428-0101
 r4::4~

-~&w1~
 MICHIGAN
 MUNICIPAL
                         MICHIGAN MUNICIPAL LEAGUE
                         MEMBERSHIP RENEWAL INVOICE
                                     2002 - 2003




CITY OF MUSKEGON                                                   Id: 347

Date: May 3, 2002


Membership Period: July 1, 2002 - June 30, 2003

* 2001-2001 State Shared Revenue:             $5,592,276


* Michigan Municipal League Dues.                   $8,689
* Environment Affairs Assessment                     1,043
* Legal Defense Fund                                   869

* Total due by July 1, 2002                        $10,601


Please sign, date and return one invoice copy with your payment.

Make checks payable to the Michigan Municipal League and mail
to the address below. Thank you.




                                     Mayor


(Date)   L   O       ;



* See reverse side

                              Michigan Municipal League
                                    P.O. Box 7409
                              Ann Arbor, Ml 48106-7409
                                    800.653.2483
Date:      5/20/02
To:        Honorable Mayor and City Commission
from:      Brett Kraley, Equipment Supervisor DIPW
RE:        Plow truck Purchase




SUMMARY OF REQUEST: Approval to purchase 2 cab and chassis plow
trucks from Woodland International. Dump Boxes and underbody plows to bid
out at a later date.



FINANCIAL IMPACT: Total Cost $96,911.02



BUDGET ACTION REQUIRED: None. $100,000 was budgeted for this
purchase.



STAFF RECOMMENDATION: Approve purchase of budgeted replacements
for a total cost of $96,911.02 from Woodland International.
t------- -   "   ------
                          2 Plow Truck Cab & Chassis
                                  -   ---                  ----         --------




                                                Bid                  Model


Woodland International                      $ 96,911.02    International 7400SFA
274 W. Sherman
Muskegon,Ml49444
-

Outhier Truck Center                        $ 100,302.00   Sterling L7501
4525 Clay SW
----

Grand Rapids Ml 49548                                                                --

-
    Dermondy Truck Sales                    $112,200.00    Peterbuilt 330
    1456 28th Street, S.W.                                                               -
    Grand Rapids Ml 49509                                                          - -


                                                                                     -




    Budgeted Amount                         $100,000.00                 -      ---

----
-                                                                                   -·--



 This is a budgeted replacement of existing units. The trucks that we are replacing
 are 1986 and 1987 model year vehicles. We currently have ten International plow
 trucks in our fleet and have always received excellent customer service from
 Woodland International. Their close proximity to the city yards also helps when
 we need parts or warranty work. Therefore, we are requesting commission
 approval to purchase two International 7400 plow truck chassis from Woodland
 International.
Date:         May 28, 2002
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:          Consideration of Bids
             Wilson Ave., Dowd to Henry


SUMMARY OF REQUEST:

The contract to construct Wilson Ave. from Dowd to Henry (H-1523) be awarded to Felco
Contractors out of Muskegon since they were the lowest (see bid tabulation) responsible
bidder with a bid price of $115,429.01


FINANCIAL IMPACT:
The construction cost of $115,429.01 plus associated engineering cost which is estimated at
an additional 20%.



BUDGET ACTION REQUIRED:
None.


STAFF RECOMMENDATION:
Award the contract to Felco Contractors.



COMMITTEE RECOMMENDATION:
                                                                            H-1523 WILSON AVENUE, DOWD TO HENRY

                                                                                        BID TABULATION
                                                                                           May 21, 2002
                                                   CONTRACTOR                      JACKSON-MERKEY               DIVERSIFIED                   FELCO                         K&R
                                                      ADDRESS                        555 E.WESTERN              6775 HARVEY              874 PULASKI AVE.           3435 BROADMOOR
                                                       CITY/ST                       MUSKEGON, Ml        SPRING LAKE, Ml       MUSKEGON, Ml                         GRAND RAPIDS, Ml
  DESCRIPTION                                                    QUANTITY   UNIT UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST                 UNIT COST       TOTAL COST
1 ADJUST DRAINAGE STRUCTURE COVER                                   5       EACH    $475.00      $2,375.00    $333.00      $1,665.00 $   450.00       $2,250.00 $      550.00      $2,750.00
2 AGGREGATE BASE COURSE, 22A, 6" C.I.P.                            3244     SYD       $5.00     $16,220.00       $7.00    $22,708.00 $     5.04    $16,349.76 $          4.00     $12,976.00
3 AGGREGATE SURFACE COURSE, 23A, AS NEEDED                          39      CYD      $27.00      $1,053.00     $20.00       $780.00 $     19.00        $741.00 $        25.00        $975.00
4 BIT. MIXTURE 3C@ 220#/S.YD.                                      321      TON      $47.35     $15,199.35     $49.00     $15,729.00 $    45.60    $14,637.60 $         43.34     $13,912.14
 5 BIT. MIXTURE 4C@ 165#/S.YD.                                     245      TON      $53.35     $13,070.75     $55.00     $13,475.00 $    52.60    $12,887.00 $         49.34     $12,088.30
 6 CATCH BASIN CASTING EAST JORDAN #7045 OR EQUAL                   3       EACH    $525.00      $1,575.00    $500.00      $1,500.00 $   505.00       $1,515.00 $      750.00      $2,250.00
7 CATCH BASIN, FLAT TOP                                             3       EACH    $525.00      $1,575.00    $800.00      $2,400.00 $1,300.00        $3,900.00 $    1,200.00      $3,600.00
 8 CONCRETE APPROACH, 6", STANDARD                                 205      SYD      $26.00      $5,330.00     $25.00      $5,125.00 $    28.00       $5,740.00 $       27.50      $5,637.50
 9 CONCRETE CURB AND GUTTER, STANDARD DETAIL 1                     2175     LFT       $8.50     $18,487.50       $9.00    $19,575.00 $     8.00    $17,400.00 $          9.50     $20,662.50
10 CONC. SIDEWALK 4"                                                75      SFT       $2.50       $187.50        $3.25      $243.75 $      4.60        $345.00 $         2.65        $198.75
11 CONC. SIDEWALK 6"                                               1217     SFT       $3.00      $3,651.00       $3.75     $4,563.75 $     4.25       $5,172.25 $        3.00      $3,651.00
12 DRAINAGE STRUCTURE TAP                                           1       EACH    $425.00       $425.00     $500.00       $500.00 $    775.00        $775.00 $      275.00         $275.00
13 EXCAVATION                                                      888      CYD      $14.90     $13,231.20     $10.00      $8,880.00 $     7.05       $6,260.40 $        3.50      $3,108.00
14 MANHOLE CASTING EAST JORDAN #1000 OF EQUAL                       6       EACH    $565.00      $3,390.00    $400.00      $2,400.00 $   520.00       $3,120.00 $     350.00       $2,100.00
15 MANHOLE FLOW LINE                                                5       EACH    $795.00      $3,975.00    $500.00      $2,500.00 $   400.00       $2,000.00 $      500.00      $2,500.00
16 MANHOLE, STANDARD, 4' 1.0. 0'-10' DEEP                           1       EACH   $1,690.00     $1,690.00   $1,200.00     $1,200.00 $1,400.00        $1,400.00 $    1,325.00      $1,325.00
17 PREPARED TOP SOIL AND SEED, CLASS A                             2500     SYD       $2.75      $6,875.00       $4.25    $10,625.00 $     2.90       $7,250.00 $        1.50      $3,750.00
18 RECONSTRUCTING MANHOLE                                           3       VFT     $450.00      $1,350.00    $175.00       $525.00 $    105.00        $315.00 $      350.00       $1,050.00
19 RELOCATING MAIL BOX                                              13      EACH     $70.00       $910.00      $50.00       $650.00 $     75.00        $975.00 $        90.00      $1,170.00
20 REMOVING CURB AND GUTTER                                         54      LFT      $16.00       $864.00      $20.00      $1,080.00 $     5.00        $270.00 $         5.50       $297.00
21 REMOVING PAVEMENT                                               143      SYD      $19.75      $2,824.25       $8.00     $1,144.00 $     4.00        $572.00 $         9.85      $1,408.55
22 REMOVING SIDEWALK                                                8       SYD      $13.00       $104.00      $20.00       $160.00 $     13.00        $104.00 $         9.85         $78.80
23 REMOVING TREE, 25" TO 36"                                        1       EACH    $965.00       $965.00     $250.00       $250.00 $1,000.00         $1,000.00 $     450.00        $450.00
24 REMOVING TREE, 37" OR LARGER                                     1       EACH   $1,845.00     $1,845.00    $400.00       $400.00 $1,300.00         $1,300.00 $    1,525.00      $1,525.00
25 SANITARY SEWER, 6", PVC, SDR 35                                  5       LFT      $80.00       $400.00     $100.00       $500.00 $     32.00        $160.00 $        70.00       $350.00
26 SANITARY SEWER, 8", PVC, SDR 35                                  20      LFT      $85.00      $1,700.00     $40.00       $800.00 $     39.00        $780.00 $       75.00       $1,500.00
27 SANITARY SEWER WYE, 8" X 6", PVC, SDR 35                         1       EACH    $150.00       $150.00     $250.00       $250.00 $    200.00        $200.00 $      250.00        $250.00
28 STORM SEWER, 12", C76 CLASS V                                    26      LFT      $29.00       $754.00      $25.00       $650.00 $     30.00        $780.00 $       35.00        $910.00
29 STORM SEWER, 12'", DUCTILE IRON, CLASS 52                       110      LFT      $36.00      $3,960.00     $30.00      $3,300.00 $    30.00       $3,300.00 $      40.00       $4,400.00
30 SAND REFILL                                                     300      CYD       $8.00      $2,400.00      $8.00      $2,400.00 $     3.10        $930.00 $         5.50      $1,650.00
31 TRAFFIC CONTROL                                                  1       LUMP   $8,975.00     $8,975.00   $3,750.00     $3,750.00 $3,000.00        $3,000.00 $   33,500.00     $33,500.00
                                                        TOTAL                                  $135,511.55               $129,728.50              $115,429.01                    $140,298.54




        5/21/023:35 PMWilson Bid Tabulation .xis
                ENGINEER'S ESTIMATE       H-1523 WILSON AVENUE, DOWD TO HENRY
     DESCRIPTION                                      QUANTITY     UNIT     PRICE        TOTAL PRICE
1    ADJUST DRAINAGE STRUCTURE COVER                       5       EACH       $400.00         $2,000.00
2    AGGREGATE BASE COURSE, 22A, 6" C.I.P.              3244        SYD          $5.00       $16,220.00
3    AGGREGATE SURFACE COURSE, 23A, AS NEEDED             39        CYD        $25.00           $975.00
4    BIT. MIXTURE 3C @ 220#/S.YD.                        321        TON        $40.00        $12,840.00
5    BIT. MIXTURE 4C@ 165#/S.YD.                         245        TON        $45.00        $11,025.00
6    CATCH BASIN CASTING EAST JORDAN #7045 OR EQUAL        3       EACH       $500.00         $1,500.00
7    CATCH BASIN, FLAT TOP                                 3       EACH     $1,200.00         $3,600.00
8    CONCRETE APPROACH, 6", STANDARD                     205        SYD        $30.00         $6,150.00
 9   CONCRETE CURB AND GUTTER, STANDARD DETAIL 1        2175        LFT         $9.00        $19,575.00
10   CONG. SIDEWALK 4"                                    75        SFT         $3.50           $262.50
11   CONG. SIDEWALK 6"                                  1217        SFT         $3.30         $4,016.10
12   DRAINAGE STRUCTURE TAP                                1       EACH       $150.00           $150.00
13   EXCAVATION                                         888         CYD        $10.00         $8,880.00
14   MANHOLE CASTING EAST JORDAN #1000 OF EQUAL           6        EACH       $450.00         $2,700.00
15   MANHOLE, STANDARD, 4' I.D. 0'-10' DEEP                1       EACH     $1,400.00         $1,400.00
16   PREPARED TOP SOIL AND SEED, CLASS A                2500        SYD         $2.70         $6,750.00
17   RECONSTRUCTING MANHOLE                               3         VFT       $300.00           $900.00
18   RELOCATING MAILBOX                                   13       EACH       $100.00         $1,300.00
19   REMOVING CURB AND GUTTER                            54         LFT        $20.00         $1,080.00
20   REMOVING PAVEMENT                                   143        SYD        $15.00         $2,145.00
21   REMOVING SIDEWALK                                   8          SYD        $10.00            $80.00
22   REMOVING TREE, 25" TO 36"                            1        EACH     $1,000.00         $1,000.00
23   REMOVING TREE, 37" OR LARGER                         1        EACH      $2,000.00        $2,000.00
24   STORM SEWER, 12", C76 CLASS V                       26         LFT         $30.00          $780.00
25   STORM SEWER, 12", DUCTILE IRON, CLASS 52           110         LFT         $35.00        $3,850.00
26   SAND REFILL                                        200         CYD        $10.00         $2,000.00
27   TRAFFIC CONTROL                                      1        LUMP      $5,000.00        $5,000.00
                                                                 SUB-TOTAL                  $118,178.60
                                                                 20% ENGINEERING             $23,635.72
                                                                 TOTAL                      $141,814.32
Date:         May 28, 2002
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           City - MOOT Agreement for:
              Laketon Ave., from Peck to Park




SUMMARY OF REQUEST:
To approve the attached contract with MOOT for the milling & resurfacing and partial
widening of Laketon Ave. between Peck & Park and to approve the attached
resolution authorizing the Mayor and City Clerk to sign the contract.



FINANCIAL IMPACT:
MOOT participation is about $374,200 but not to exceed 81.85% of eligible cost. The
estimated total (including engineering) cost of the project is $550,000.



BUDGET ACTION REQUIRED:
None at this time. The City's share of the cost will come out of the Major Street
Fund as was budgeted.



STAFF RECOMMENDATION:
That the attached agreement and resolution be approved.



COMMITTEE RECOMMENDATION:
                                             RESOLUTION 2002-65 ( f)


RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE MILLING &
RESURFACING OF LAKETON AVE. FROM PECK TO PARK TOGETHER WITH NECESSARY
RELATED WORK AND AUTHORIZATION FOR MAYOR STEPHEN J. WARMINGTON AND CITY
CLERK GAIL A KUNDINGER TO EXECUTE SAID CONTRACT

Moved by         Vi ce-Mayar B11i e                                     and supported by

Commissioner_ ___...Sc,...h....,w.,,_.,,e...,i..._f...,l"""e._r_ _ _ _ _that the following Resolution be adopted:

WHEREAS, entry by the City of Muskegon into Contract no. 02-5188 between the Michigan
Department of Transportation and the City of Muskegon for the resurfacing & widening of the
southbound exit ramp at US-31 and Sherman Blvd. within the City is in the best interests of the City of
Muskegon.

RESOLVED, that entry by the City into Contract Agreement Number 02-51 88 be and the same is
hereby authorized and approved and the Mayor and Clerk are authorized to execute said contract for
and on behalf of the City of Muskegon.



Adopted this         2St b        day of_~M_a_y_ _, 2002.



                                                           BY




                                                    ATTEST          J:hL Q_ ~
                                                                 Gail A. Kundinger, City Clerk



                                                   CERTIFICATION

This resolution was adopted at a meeting of the City c ·ommission, held on
 May 28        , 2002. 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 MUSK.E
                                                                                       ~ O

                                                                By--f--"'~~
                                                                          - ·~G~- - ~
                                                                         Gail A Kunding~
                                                       STATE OF MICHIGAN
     JOHN ENGLER                          DEPARTMENT OF TRANSPORTATION                                  GREGORY J. ROSINE
         GOVERNOR                                            LANSING                                         DIRECTOR




                                                        August 21, 2002



          Ms. Gail Kundinger, Clerk
          City of Muskegon
          933 Terrace Street, P.O. Box 536
          Muskegon, MI 49443-0536

          Dear Ms. Kundinger:

          RE:       MDOT Contract Number:            02-5188
                    Control Section:                STUL 61407
                    Job Number:                     56345


          Enclosed is a fully executed copy of the above noted agreement.

                                                                     Sincerely,

                                                                    ~i:J~u

                                                                     J~Jie Burch
                                                                     Contract Processing Specialist
                                                                     Design Division

         Enclosure

         cc:        M. Harbison, Design Division
                    A. Christensen, Financial Operations Division
                    Grand Region Engineer          ·




                             MURRAY 0. VAN WAGONER BUILDING• P.O. BOX 30050 • LANSING, MICHIGAN 48909
                                                www.michigan.gov • {517) 373-2090
LH-lAN-0{11/01)
STP                                                          DIR
                                                     Project                STP 0261(331)
                                                     Job Number             56345
                                                     Control Section        STUL61407
                                                     Fed Item#              HH 3186
                                                     Contract No.           02-5188


                                             PART!


         THIS CONTRACT, consisting of PART I and PART II (Standard Agreement Provisions),
ismadeandenteredintothisdateof           AUG 212002            ,byandbetweentheMICHIGAN
DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT"; and
the CITY OF MUSKEGON, a Michigan municipal corporation, hereinafter referred to as the
"REQUESTING PARTY"; for the purpose of fixing the rights and obligations of the parties in
agreeing to the following improvements, in the City of Muskegon, Michigan, hereinafter referred
to as the "PROJECT" and estimated in detail on EXHIBIT"!", dated April 25, 2002, attached hereto
and made a part hereof:

       PART A-FEDERAL PARTICIPATION
       Grading work along Laketon Avenue from Park Street easterly to Peck Street;
       including bituminous resurfacing, drainage structures, concrete curb and gutter, and
       restoration work; and all together with necessary related work.

       PART B - NO FEDERAL PARTICIPATION
       Watermain work along Laketon Avenue from Park Street easterly to Peck Street; and
       all together with necessary related work.


       WITNESSETH:

        WHEREAS, pursuant to Federal law, monies have been provided for the performance of
certain improvements on public roads; and

      WHEREAS, the reference "FHWA" in PART I and PART II refers to the United States
Department of Transportation, Federal Highway Administration; and

       WHEREAS, the PROJECT, or portions of the PROJECT at the request of the
REQUESTING PARTY, are being programmed with the FHWA, for implementation with the use
of Federal Funds under the following Federal program(s) or funding:

                        SURFACE TRANSPORTATION PROGRAM


09/06/90 STP.FOR 8/7/02                         I
        WHEREAS, the parties hereto have reached an understanding with each other regarding the
performance of the PROJECT work and desire to set forth this understanding in the form of a written
contract.

        NOW, THEREFORE, in consideration of the premises and of the mutual undertakings of the
parties and in conformity with applicable law, it is agreed:

        1.      The parties hereto shall undertake and complete the PROJECT in accordance with
the terms of this contract.

       2.      The term "PROJECT COST", as herein used, is hereby defined as the cost of the
physical construction necessary for the completion of the PROJECT.

       Costs for construction engineering and inspection incurred by the DEPARTMENT will be
charged 100 percent to the REQUESTING PARTY. Any other costs incurred by the
DEPARTMENT as a result of this contract will be at PROJECT COST.

        The costs incurred by the REQUESTING PARTY for preliminary engineering, construction
engineering and inspection, and right-of-way are excluded from the PROJECT COST as defined by
this contract.

       3.      The DEPARTMENT is authorized by the REQUESTING PARTY to administer on
behalf of the REQUESTING PARTY all phases of the PROJECT including advertising and
awarding the construction contract for the PROJECT or portions of the PROJECT. Such
administration shall be in accordance with PART II, Section II of this contract.

     Any items of the PROJECT COST incurred by the DEPARTMENT may be charged to the
PROJECT.

         4.   The REQUESTING PARTY, at no cost to the PROJECT orto the DEPARTMENT,
shall:

              A.      Design or cause to be designed the plans for the PROJECT.

              B.      Appoint a project engineer who shall be in responsible charge of the
                      PROJECT and ensure that the plans and specifications are followed.

              C.      Perform or cause to be performed the construction engineering and inspection
                      services necessary for the completion of the PROJECT.




09/06/90 STP.FOR 8/7/02                         2
        The REQUESTING PARTY will furnish the DEPARTMENT proposed timing sequences
for trunkline signals that, if any, are being made part of the improvement. No timing adjustments
shall be made by the REQUESTING PARTY at any trunkline intersection, without prior issuances
by the DEPARTMENT of Standard Traffic Signal Timing Permits.

        5.     The PROJECT COST shall be met in accordance with the following:

               PART A '
               Federal Surface Transportation Funds shall be applied to the eligible items of the
               PART A portion ofthe PROJECT COST at the established Federal participation ratio
               equal to 81.85 percent up to an amount not to exceed $440,000. The balance of the
               PART A portion of the PROJECT COST, after deduction of Federal Funds, shall be
               charged to and paid by the REQUESTING PARTY in the manner and at the times
               hereinafter set forth.

               PARTB
               The PART B portion of the PROJECT COST is not eligible for Federal participation
               and shall be charged to and paid 100 percent by the REQUESTING PARTY in the
               manner and at the times hereinafter set forth.

       Any items of PROJECT COST not reimbursed by Federal Funds will be the sole
responsibility of the REQUESTING PARTY.

       6.      No working capital deposit will be required for this PROJECT.

        In order to fulfill the obligations assumed by the REQUESTING PARTY under the
provisions of this contract, the REQUESTING PARTY shall make prompt payments of its share of
the PROJECT COST upon receipt of progress billings from the DEPARTMENT as herein provided.
All payments will be made within 30 days of receipt of billings from the DEPARTMENT. Billings
to the REQUESTING PARTY will be based upon the REQUESTING PARTY'S share of the actual
costs incurred less Federal Funds earned as the PROJECT progresses.

        In the event of any discrepancies between PART I and PART II, the provisions of PART I
shall prevail.

       7.      Upon completion of construction ofthe PROJECT, the REQUESTING PARTY will
promptly cause to be enacted and enforced such ordinances or regulations as may be necessary to
prohibit parking in the roadway right-of-way throughout the limits of the PROJECT,

       8.      The performance of the entire PROJECT under this contract, whether Federally
funded or not, will be subject to the provisions and requirements of PART II that are applicable to
a Federally funded project.



09/06/90 SIP.FOR 8/7/02                         3
        9.      The REQUESTING PARTY certifies that a) it is a person under 1995 PA 71 and is
not aware of and has no reason to believe that the property is a facility as defined in MSA
13A.20101(1)(1); b) the REQUESTING PARTY further certifies that it has completed the tasks
required by MCL 324.20126 (3)(h); MSA 13A.20126(3)(h); c) it conducted a visual inspection of
property within the existing right of way on which construction is to be performed to determine if
any hazardous substances were present; and at sites on which historically were located businesses
that involved hazardous substances, it performed a reasonable investigation to determine whether
hazardous substances exist. This reasonable investigation should include, at a minimum, contact
with local, state and federal environmental agencies to determine if the site has been identified as,
or potentially as, a site containing hazardous substances; d) it did not cause or contribute to the
release or threat of release of any hazardous substance found within the PROJECT limits.

        The REQUESTING PARTY also certifies that, in addition to reporting the presence of any
hazardous substances to the Department of Environmental Quality, it has advised the
DEPARTMENT of the presence of any and all hazardous substances which the REQUESTING
PARTY found within the PROJECT limits, as a result of performing the investigation and visual
inspection required herein. The REQUESTING PARTY also certifies that it has been unable to
identify any entity who may be liable for the cost of remediation. As a result, the REQUESTING
PARTY has included all estimated costs of remediation of such hazardous substances in its estimated
cost of construction of the PROJECT.

         10.     If, subsequent to execution of this contract, previouslyunknown hazardous substances
are discovered within the PROJECT limits, which require environmental remediation pursuant to
either state or federal law, the REQUESTING PARTY, in addition to reporting that fact to the
Department ofEnvironmental Quality, shall immediately notify the DEPARTMENT, both orally and
in writing of such discovery. The DEPARTMENT shall consult with the REQUESTING PARTY
to determine if it is willing to pay for the cost of remediation and, with the FHWA, to determine the
eligibility, for reimbursement, of the remediation costs. The REQUESTING PARTY shall be
charged for and shall pay all costs associated with such remediation, including all delay costs of the
contractor for the PROJECT, in the event that remediation and delay costs are not deemed eligible
by the FHWA. If the REQUESTING PARTY refuses to participate in the cost of remediation, the
DEPARTMENT shall terminate the PROJECT. The parties agree that any costs or damages that the
DEPARTMENT incurs as a result of such termination shall be considered a PROJECT COST.

         11.    If federal and/or state funds administered by the DEPARTMENT are used to pay the
cost of remediating any hazardous substances discovered after the execution of this contract and if
there is a reasonable likelihood ofrecovery, the REQUESTING PARTY, in cooperation with the
Department of Environmental Quality and the DEPARTMENT, shall make a diligent effort to
recover such costs from all other possible entities. Ifrecovery is made, the DEPARTMENT shall
be reimbursed from such recovery for the proportionate share of the amount paid by the FHWA
and/or the DEPARTMENT and the DEPARTMENT shall credit such sums to the appropriate
funding source.



09/06/90 STP.FOR 8/7/02                           4
       12.      The DEPARTMENT'S sole reason for entering into this contract is to enable the
REQUESTING PARTY to obtain and use funds provided by the Federal Highway Administration
pursuant to Title 23 of the United States Code.

        Any and all approvals of, reviews of, and recommendations regarding contracts, agreements,
permits, plans, specifications, or documents, of any nature, or any inspections of work by the
DEPARTMENT or its agents pursuant to the terms of this contract are done to assist the
REQUESTING PARTY in meeting program guidelines in order to qualify for available funds. Such
approvals, reviews, inspections and recommendations by the DEPARTMENT or its agents shall not
relieve the REQUESTING PARTY and the local agencies, as applicable, of their ultimate control
and shall not be construed as a warranty of their propriety or that the DEPARTMENT or its agents
is assuming any liability, control or jurisdiction.

        The providing ofrecommendations or advice by the DEPARTMENT or its agents does not
relieve the REQUESTING PARTY and the local agencies, as applicable of their exclusive
jurisdiction of the highway and responsibility under MCL 691.1402, MSA 3.996(102).

       When providing approvals, reviews and recommendations under this contract, the
DEPARTMENT or its agents is performing a governmental function, as that term is defined in MCL
691.1401; MSA 3.996(101), which is incidental to the completion of the PROJECT.

        13.     The DEPARTMENT, by executing this contract, and rendering services pursuant to
this contract, has not and does not assume jurisdiction of the highway, described as the PROJECT
for purposes of MCL 691.1402; MSA 3 .996(102). Exclusive jurisdiction of such highway for the
purposes ofMCL 691.1402; MSA 3.996(102) rest with the REQUESTING PARTY and otherlocal
agencies having respective jurisdiction.

        14.    The REQUESTING PARTY shall approve all of the plans and specifications to be
used on the PROJECT and shall be deemed to have approved all changes to the plans and
specifications when put into effect. It is agreed that ultimate responsibility and control over the
PROJECT rests with the REQUESTING PARTY and local agencies, as applicable.

         15.     The REQUESTING PARTY agrees that the costs reported to the DEPARTMENT
for this contract will represent only those items that are properly chargeable in accordance with this
contract. The REQUESTING PARTY also certifies that it has read the contract terms and has made
itself aware of the applicable laws, regulations, and terms of this contract that apply to the reporting
of costs incurred under the terms of this contract.

       16.     The parties shall promptly provide comprehensive assistance and cooperation in
defending and resolving any claims brought against the DEPARTMENT by the contractor, vendors
or suppliers as a result of the DEPARTMENT'S award of the construction contract for the
PROJECT. Costs incurred by the DEPARTMENT in defending or resolving such claims shall be
considered PROJECT COSTS.


09/06/90 STP.FOR 8/7/02                            5
       17.     The DEPARTMENT shall require the contractor who is awarded the contract for the
construction of the PROJECT to provide insurance in the amounts specified and in accordance with
the DEPARTMENT'S current standard specifications for construction, and to:

              A.      Maintain bodily injury and property damage insurance for the duration of the
                      PROJECT.

              B.      Provide owner's protective liability insurance naming as insureds the State of
                      Michigan, the Michigan State Transportation Commission, the
                      DEPARTMENT and its officials, agents and employees, the REQUESTING
                      PARTY and any other party with jurisdiction for the roadway being
                      constructed as the PROJECT, and their employees, for the duration of the
                      PROJECT and to provide copies of certificates of insurance to the insureds.
                      It is understood that the DEPARTMENT does not assume jurisdiction of the
                      highway described as the PROJECT as a result of being named as an insured
                      on the owners protective liability insurance policy.

              C.      Comply with the requirements of notice of cancellation and reduction of
                      insurance set forth in the current standard specifications for construction and
                      to provide copies of notices and reports prepared to those insured.




09/06/90 STP.FOR 8/7/02                         6
        18.      This contract shall become binding on the parties hereto and of full force and effect
upon the signing thereof by the duly authorized officials for the parties hereto and upon the adoption
of the necessary resolutions approving said contract and authorizing the signatures thereto of the
respective officials of the REQUESTING PARTY, a certified copy of which resolution shall be
attached to this contract.

       IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
day and year first above written.

CITY OF MUSKEGON




By~                        ~
 Title: fJ "I'" f;t.   C, t;;t- Cir/'){




09/06/90 STP.FOR 8/7/02                          7
                                                                                   April 25, 2002


                                           EXHIBIT I

                              PROJECT                       STP 0261(331)
                              JOB NUMBER                    56345
                              CONTROL SECTION               STUL 61407


                                      ESTIMATED COST

CONTRACTED WORK
                                                    · PART A        PARTB          TOTAL
       Estimated Cost                                 $457,200      $16,000        $473,200




                                    COST PARTICIPATION

GRAND TOTAL ESTIMATED COST                           $457,200      $16,000         $473,200
Less Federal Funds*                                  $374.200      $ -0-           $374.200
BALANCE (REQUESTING PARTY'S SHARE)                   $ 83,000      $16,000         $ 99,000


*Federal Funds shall be applied to the eligible items of the PROJECT COST at a participation ratio
equal to 81.85 percent up to an amountnot to exceed $440,000.

NO DEPOSIT




09/06/90 STP.FOR 8/7/02                         8
DOT                                                        TYPEB
                                             BUREAU OF HIGHWAYS
                                                          03-15-93




                            PART II

              STANDARD AGREEMENT PROVISIONS


      SECTION I   COMPLIANCE WITH REGULATIONS AND DIRECTIVES

      SECTION II PROJECT ADMINISTRATION AND SUPERVISION

      SECTION III ACCOUNTING AND BILLING

      SECTION IV MAINTENANCE AND OPERATION

      SECTION V   SPECIAL PROGRAM AND PROJECT CONDITIONS




                              I
                                          SECTION I

                   COMPLIANCE WITH REGULATIONS AND DIRECTIVES

A.    To qualify for eligible cost, all work shall be docwnented in accordance with the require-
      ments and procedures of the DEPARTMENT.

B.    All work on projects for which reimbursement with Federal funds is requested shall be
      performed in accordance with the requirements and guidelines set forth in the following
      Directives of the Federal-Aid Policy Guide (FAPG) of the FHWA, as applicable, and as
      referenced in pertinent sections of Title 23 and Title 49 of the Code of Federal Regulations
      (CFR), and all supplements and amendments thereto.

       1.    Engineering

             a.       FAPG (6012.1): Preliminary Engineering

             b.       FAPG (23 CFR 172): Administration of Engineering and Design Related
                      Service Contracts

             c.       FAPO (23 CFR 635A): Contract Procedures

             d.       F APO (49 CFR 18.22): Uniform Administrative Requirements for Grants and
                      Cooperative Agreements to State and Local Governments-Allowable Costs


      2.     Construction

             a.       F APO (23 CFR 140E): Administrative Settlement Costs-Contract Claims

             b.       FAPG (23 CFR 140B): Construction Engineering Costs

             C.      FAPG (23 CFR 17): Recordkeeping and Retention Requirements for Federal-
                     Aid Highway Records of State Highway Agencies

             d.      FAPG (23 CFR 635A): Contract Procedures

             e.      FAPG (23 CFR 635B): Force Account Construction

             f.      FAPO (23 CFR 645A): Utility Relocations, Adjustments and Reimbursement

             ·g.     FAPO (23 CFR 645B): Accommodation of Utilities (PPM 30-4.1)



03-15-93                                       2
              h.      FAPG (23 CFR 655F): Traffic Control Devices on Federal-Aid and other
                      Streets and Highways

              1.      FAPG (49 CFR 18.22):UniformAdministrative Requirements for Grants and
                      Cooperative Agreements to State and Local Governments-Allowable Costs

       3.     Modification Or Construction Of Railroad Facilities

              a.     FAPG (23 CFR 140I): Reimbursement for Railroad Work

              b.     FAPG (23 CFR 646B): Railroad Highway Projects

C.     In conformance with FAPG (23 CFR 630C) Project Agreements, the political subdivisions
       party to this contract, on those Federally funded projects which exceed a total cost of
       $ I 00,000.00 stipulate the following with respect to their specific jurisdictions:

       I.     That any facility to be utilized in performance under or to benefit from this contract
              is not listed on the Environmental Protection Agency (EPA) List of Violating
              Facilities issued pursuant to the requirements of the Federal Clean Air Act, as
              amended, and the Federal Water Pollution Control Act, as amended.

       2.     That they each agree to comply with all of the requirements of Section 114 of the
              Federal Clean Air Act and Section 308 of the Federal Water Pollution Control Act,
              and all regulations and guidelines issued thereunder.

       3.    That as a condition of Federal aid pursuant to this contract they shall notify the
             DEPARTMENT of the receipt of any advice indicating that a facility to be utilized
             in performance under or to benefit from this contract is under consideration to be
             listed on the EPA List of Violating Facilities.

D.    Ensure that the PROJECT is constructed in accordance with and incorporates all committed
      environmental impact mitigation measures listed in approved environmental documents
      unless modified or deleted by approval of the FHWA

E.    All the requirements, guidelines, conditions and restrictions noted in all other pertinent
      Directives and Instructional Memoranda of the FHW A will apply to this contract and will
      be adhered to, as applicable, by the parties hereto.




03-15-93                                        3
                                          SECTION II

                    PROJECT ADMINISTRATION AND SUPERVISION


A.    The DEPARTMENT shall provide such administrative guidance as it determines is required
      by the PROJECT in order to facilitate the obtaining of available federal and/or state funds.

B.    The DEPARTMENT will advertise and award all contracted portions ofthe PROJECT work.
      Prior to advertising of the PROJECT for receipt of bids, the REQUESTING PARTY may
      delete any portion or all of the PROJECT work. After receipt of bids for the PROJECT. the
      REQUESTING PARTY shall have the right to reject the amount bid for the PROJECT prior
      to the award of the contract for the PROJECT only if such amount exceeds by twenty percent
      (20%) the final engineer's estimate therefor: If such rejection of the bids is not received in
      writing within two (2) weeks after letting, the DEPARTMENT will assume concurrence.
      The DEPARTMENT may, upon request, readvertise the PROJECT. Should the REQUEST-
      ING PARTY so request in writing within the aforesaid two (2) week period after letting, the
      PROJECT will be cancelled and the DEPARTMENT will refund the unused balance of the
      deposit less all costs incurred by the DEPARTMENT.

C.    The DEPARTMENT will perform such inspection services on PROJECT work performed
      by the REQUESTING PARTY with its own forces as is required to ensure compliance with
      the approved plans & specifications.

D.    On those projects funded with Federal monies, the DEPARTMENT shall as may be required
      secure from the FHWA approval of plans and specifications, and such cost estimates for
      FHWA participation in the PROJECT COST.

E.    All work in connection with the PROJECT shall be performed in conformance with the
      Michigan Department of Transportation Standard Specifications for Construction, and the
      supplemental specifications, Special Provisions and plans pertaining to the PROJECT and
      all materials furnished and used in the construction of the PROJECT shall conform to the
      aforesaid specifications. No extra work shall be performed nor changes in plans and
      specifications made until said work or changes are approved by the project engineer and
      authorized by the DEPARTMENT.




03-15-93                                        4
F.    Should it be necessary or desirable that portions of the work covered by this contract be
      accomplished by a consulting firm, a railway company, or governmental agency, firm,
      person, or corporation, under a subcontract with the REQUESTING PARTY at PROJECT
      expense, such subcontracted arrangements will be covered by formal written agreement
      between the REQUESTING PARTY and that party.

      This formal written agreement shall: include a reference to the specific prime contract to
      which it pertains; include provisions which clearly set forth the ma'rojed Type                                                            lLetters olf C<11mmmitmme11t (rrom incoming and/or e,pandlng fiml(s))
0 New Submission                 ~
                                 ,\.\
                                      Repeat Submission (20__)          U      Yes                        O   No             O   NA
                                                                                                                             Not Applicable
Project C<11sts: (estimated or actual)                                  Matchil!llg Fllll!lll!lls
Federal:                700 000                                         ~ Secured                         0 Lacking
State: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __                                    ll'11tentilll Jolbl Oreation (estimated)
                                                                                        +                                    0 NA
                                                                                                                             Not Applicable


Other:                                                                   P11tentfal! Joll:i llletenti1m (estimated)
          ----------------                                                        100+                                       0 NA
TOTAL:               $1 ,      0 0 0, 0 00                                                                                   Not Applicable

lP're!imim1ury Engi11eell'i111g                                          ][syomr piroject in a Comprehensive lP'lla11, Masteir
(iii Complete                        O   In Progress                     P!a11, Tl!FA Plla11, Fim1.H11cing Pla11, or similar
0 Lacking                            O NA                                lioc11me11t?
                                     Not Applicable                      0 Yes (identify)                 I]! No

                                                                               Master Plan            CEDS
Do not write below this line.

Creation/Cost Ratio:                                  Distress Level:                               Category:

Retention/Cost Ratio:                                 Low/Mod%:                                     TOTAL POINTS:

Return this form to:                     2002 CEDS Projects
                                         West Michigan Shoreline Regional Development Commission
                                         137 Muskegon Mall, P.O. Box 387
                                         Muskegon, Ml 49443-0387

                                          (231) 722-7878 ext. 113 Fax: (231) 722-9362
                                          E-mail: ekuhn1nln=srdc.or,,.
                               PROJECT DESCRIPTION

                   Smartzone- Certified Business Park (Downtown)


A. Background - The idea of a Downtown Business Techoology Park has grown from
   discussion held during the Master Plan process and downtown design with Michigan
   State University. The concept is now becoming a reality, with the recent
   designation of the former Teledyne property as the Smartzone site. The proposed
   site for the Smartzone is located along and adjacent to the route of the new Shoreline
   Drive. This location was selected due to its proximity to the waterfront as well as the
   core business district. The nearness of GTE and its technology infrastrncture is also
   very critical.

B. Project Scope - The acquisition and redevelopment of the project area is a priority of
   the City as there is a need for techoology based business and availability of requisite
   infrastructure. The development of the Smartzone will not only enhance the
   property tax base but will also improve the image and prosperity of the downtown.
   The emphasis of the Muskegon Smartzone is alternative energy sources. The
   type of employment which will occur at this site is in short supply and will boost the
   wage and salary levels of the community. Higher paying jobs will, in turn, enhance
   the potential for retail, restaurant, and other commercial development.

C. Project Cost & Timing - To complete the property acquisition, install the techoology
   infrastructure and prepare the sites, the estimated cost is $2,000,000.

D. Funding Sources - Federal funding will be combined with funds from the City and
   State, as well as, private investment. The investment from the private sector may
   come from individuals or non-profits organizations.

E. Project Beneficiaries - The City of Muskegon, most notably the downtown would
   benefit from the improvement of a major property along the waterfront. The property
   tax base would expand dramatically and hundreds of new employment opportunities
   will emerge. The techoology-based businesses would greatly diversify the local
   economy.
                                    ..---..•


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                                                                                          Medendorp Industrial
Applicant Name:            City of Muskegon                          Project Name:        Center Expansion

Contact Person:            Lonna Angui lm                            Phone: _ _,:.2...;3u1.=-17'--'2'-'4'--=--'6,._7u0,.,2"-----------

Note: Please use a separate page for each project submitted


Location of Project:           City of Muskegon                              County:        Muskegon

Project Description: _,,,s""e""e'----"a~t~t~a~c,,,_h=e.,,,d~--------------------------

Estimated Project Start Date: --"2-'-0-'-0-'-3_ _ _ _ _ _ __                        0 New Project              fl   Facility Expansion
                                                                                    (clteclc one box)

lmporltffllt:     For Economic Development Infrastructure Construction Project, please remember to provide the required site
                  location map with this form.
(Check one box per category)


ll'roj ed l'yi!le                                                     lLett)
0 New Submission [JJ Repeat Submission (20__) l2l!l Yes                                                 O No               O NA
                                                                                                                           Not Applicable
ll'rnjecit Costs: ( estimated or actual)                              Matclhi11g Fiimds
Federal:          2,000,000                                           IZll Secured                      0 Lacking
State: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __                                 Potential Job Oreatiolll (estimated)
                                                                                1 00+                                      0 NA
Local:                 500 000
          ---~=L-"-=----------                                                                                             Not Applicable


0 ther:                                                               ll"<11t,mtiall Job lRetientiolll (estimated)
          -----------------                                                      1 00+                                     •   NA
TOTAL: _ __,$.,2._,•._.5.,_,0.,_,0,-,.;,O:.c0'-'-"-0_ _ _ _ _ _ __                                                         Not Applicable

lP'ireili111111i11ary E11gilllleeiri11g                               lls yolll!ir IIJlll'IBJectt im a C<11m1pnrd1ensive lP'Ilruu, Master
[! Complete                            O In Progress                  ll"Rmun, TilFA ll'llaun, Fillllmcilllg P!aun, oir similar
0 Lacking                              O NA                           11foc1111ment?
                                 Not Applicable                       lllll Yes (identify)              0 No
                                                                       Master Plan, CEDS, LDFA Plan, CIP

Do not write below this line.

Creation/Cost Ratio:                              Distress Level:                              Category:

Retention/Cost Ratio:                             Low/Mod%:                                    TOTAL POil'ITS:

R~illl!m th.is form to:               2002 CEDS Projects
                                      West Michigan Shoreline Regional Development Commission
                                      137 Muskegon Mall, P.O. Box 387
                                      Muskegon, MI 49443-0387

                                      (231) 722-7878 ext. 113 Fax: (231) 722-9362
                                      E-mail: ekuhn""''=srdc.or"
                                PROJECT DESCRIPTION

         Medendorp Industrial ·center - Prope1ty Acquisition & Site Preparation


A. Background - The Medendorp Industrial Center is one of the fastest growing
   industrial districts in Muskegon County. During 1997, the City of Muskegon sold its
   last three industrial lots in the Center. Given the present economic climate, it is vital
   for the City of Muskegon to make ready additional industrial property. The cun-ent
   inventory of industrial property in the City of Muskegon is near exhaustion.

B. Project Scope - The acquisition and development of the project area specified within
   the Medendorp Industrial Center is a priority for the City has there is a definite need
   for ready-to-develop industrial land. The total project area is 45acres. The industrial
   lots within the project area will range between 2-8 acres, thus creating greater
   diversity of industrial lots.

C. Project Cost & Timing - To complete the property acquisition and site preparation,
   the estimated cost is $2.5 million. This amount includes acquisition and demolition
   of 24 houses, relocation and extension of utilities to the area for industrial use. Also
   included is the cost of paving Madison, Nims, and Brunswick Streets. If funded the
   project could start in 2003.

D. Funding Sources - Local match would be available from LDF A funds/bonds, city
   water and sewer funds, Major Street funds, private contributions, and State funds.

E. Project Beneficiaries - The City of Muskegon, as a whole, will benefit from an
   increase in industrial land. If industries in Muskegon are to be encouraged to expand,
   and new industries are to locate in the City, additional industrial prope1iy is a must.
   With the acquisition of the prope1iy described as the project area, within the
   Medendorp Industrial Center, new industries will increase the tax and employment
   base while clearing blighted properties.
                                                                          ,_
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                                                                    I
                                                                                              Medendorp Industrial
Applicant Name:                City of Muskegon                         Project Name:          Center Rail Spur

Contact Person: -----"'L'-"o'-'-n'-'n"'a"--'A'-"n'-'-_g=u""i'""l"'m'------ Phone:    231-724-6702

Note: Please use a separate page for each project submitted.


Location of Project: City of Muskegon                                               County:     Muskegon

Project Description: _,,.s,..e,.e'--"a...,,t..,t.,a..,c""h"-e"'--"'d~'--------------------------

Estimated Project Start Date: --""'2""0""0""'3_ _ _ _ _ __                              tl New Project            0 Facility Expansion
                                                                                         (ched< one box)


lmporlomt:        For Economic Development Infrastructure Construction Project, please remember to provide the required site
                  location map with this form.
(Check one box per category)

ll"rojed Type                                                             lLett Oreaitiol!I ( estimated)
                                                                                  1 00 +                                   0 NA
Local:                 250,000                                                                                             Not Applicable
          -----'--------------
Other: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __                                   P11tellltiall J111b> Retennitimn ( estimated)
                                                                                  10-99                                    0 NA
TOTAL: _ ___,,$"-7""5,,,,0,,,_,;c.00,,_0,c__ _ _ _ _ _ __
                                                                                          ---------                        Not Applicable

lPreRimmi11ary E11gim:erilllg                                             lis ym11r prnjed i111 a Compreliellllsive lPlu, Mastew
D Complete                   D In Progress                                ll"Hann, TlilFA Pfta111, lFinnanncinng Plann, or similar
[! Lacking                   O NA                                         1focument?
                                  Not ApJ)Iicable                         @JI Yes (identify)            D No
                                                                          CEDS, LDFA 'Plan


Do not write below this line.

Creation/Cost Ratio:                                Distress Level:                                  Category:

Retention/Cost Ratio:                               Low/Mod%:                                        TOTAL POINTS:

Ret1111m tlhis foirm to:               2002 CEDS Projects
                                       West Michigan Shoreline Regional Development Commission
                                       137 Muskegon Mall, P,O, Box 387
                                       Muskegon, Ml 49443-0387
                                PROJECT DESCRIPTION

                         Medendorp Industrial Center - Rail Spur


A. Background - Several resident industries of the Medendorp Industrial Center have
   expressed an interest in utilizing rail services. As pati of the Center's development
   plan, a rail spur would expand the level of services available to both existing and
   future industries.

B. Project Scope - To construct indush-ial grade rail service from the CSX line within the
   Medendorp Industrial Center. A Master Development Plan exists for the Center.

C. Project Cost & Timing - Construction and related costs are estimated to be $750,000.
   If funded, the project could begin as early as 2003.

D. Funding Sources - If funding were approved, local match would be provided by the
   LDFA, the City, or private sources.

E. Project Beneficiaries - The project will benefit resident industries and retain
   approximately 150 jobs and help ath·act new industries to the Center.
                     -/1=-:.! ;~=--
                     / I        !   1J-                   /




                                              1
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                                              \
                                                  \
                                                      \
Applicant Name:                City of Muskegon                        Project Name: Downtown Muskegon Lake front
                                                                                        Development
Contact Person:                Lonna Anguilm                           Phone:    231-724-6702

Note: Please use a separate page for each project submitted


Location of Project:            City of Muskegon                                 County:          Muskegon

Project Description:             see attached·

Estimated Project Start Date: _ _2_0_0_3_ _ _ _ _ __                                     ~ New Project                  0 Facility Expansion
                                                                                         (check one box)

Important:        For Economic Development Infrastructure Constroction Project, please remember to provide the required site
                  location map with this form.
(Check one box per category)

ll"iroject TyJ!l)e                                                      lLelilteirn of COllllllllllitlllllleDllil (from mcommg mul/or expanding fim>(•))
0 New Submission                @ Repeat Submission (20__)              0 Yes                               Qll No                 O NA
                                                                                                                                      Not Applicable
lP'irojecit Costs: ( estimated or actual)                               l\:!LmilclniDllg Fl!lunills
Federal:              1,600.000                                         IJll Secured                       0 Lacking
State:                                                                  lP'oileDllilia! Joih> Ore11lli1m ( estimated)
         -----------------                                                        100+                                                0 NA
Loca I: ______:4,_,o,_,o,_,'-'o"'o,,_o,,__ _ _ _ _ __                                                                                 Not Applicable


Other: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __                                 ll"oilemitiall Job Retelilticm ( estimated)
                                                                                    10-99                                             0 NA
TOTAL: --~$~2_,_• .,,_0,._0,._0.,_.o"-'o=o~------                                                                                     Not Applicable

Jl"relimilllairy JEn1giJI1eeiriDllg                                     fa y111ll!r J!lllrlicahle                                      0 No
                                                                        Q.iJI Yes (identify)
                                                                          Master Plan, CEDS 1 DDA Plan

Do not write below this line.

Creation/Cost Ratio:                                 Distress Level:                                  Category:

Retention/Cost Ratio:                                Low/Mod¾:                                        TOTAL POINTS:

Rd11l!m tlnis fo>nn to:                 2002 CEDS Projects
                                        VI/est Michigan Shoreline Regional Development Commission
                                        137 Muskegon Mall, P. 0. Box 3 87
                                        Muskegon, MI 49443-0387

                                        (231) 722-7878 ext. 113 Fax: (231) 722-9362
                                        E-mail: ekuhn(a).wrnsrdc. om
                               PROJECT DESCRIPTION

                         Downtown/Lakefront Redevelopment


A. Background - The City has established a goal to redevelop its Muskegon Lake
   frontage. The City has a downtown/lakeshore Master Plan and a Waterfront
   Development Plan to help meet this goal. Other projects funded to implement this
   goal include: 1) $ I million MDEQ Site Assessment Grant for determining the
   marketability of contaminated sites along the Iakefront; 2) $3 million from the
   federal and state government for the Enterprise Community; and 3) $12,500,000 from
   MDOT for the design of the completion of Shoreline Drive. Specific site
   development efforts are hampered by the typical brownfield versus greenfield
   scenarios. Therefore, sites for redevelopment must be prepared to a greater extent
   that in rural or suburban areas.

B. Project Scope - Several sites contained within our MDEQ study area are targeted by
   developers. These sites will require land assembly and infrastructure improvements
   to make sites suitable for development upon completion of remediation of
   environmental concerns. Infrastructure improvements will include the relocation of
   existing and construction of new utilities and access drives.

C. Project Cost & Timing - Estimated costs are $2 million for land assembly and
   infrastructure improvements. If funded, the project could begin as soon as 2003.

D. Funding Sources - If funding were approved, local match would be provided by the
   City and/ or private sources.

E. Project Beneficiaries - The project will benefit the entire community but more
   specifically downtown residents and property owners. It is estimated that as many as
   300 employment oppo1tunities could arise from this project.
                                     -C                                    tT:j[      'r=
                                                                                      I-
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                                21Jlf02 C!EfDS PROJECT SUBM!TTAl FORM
 Applicant Name: City of Muskegon                                     Project Name: Port City Industrial Park
                                                                                          Expansion
 Contact Person:            Lonna Anguilm                             Phone:     231-724-6702

 Note: Please use a separate page for each project submitted.


 Location of Project: City of Muskegon                                         County:          Mnskeg:ao

 Project Description:            see attached ·

 Estimated Project Start Date: ~2"'0,,__0,,__3,,,___ _ _ _ _ __                         0 New Project                 U     Facility Expansion
                                                                                        (dteck one box)

 Important:        For Economic Development Infrastructure Const,...1ction Project, please remember to provide the required site
                   location map with this form.
 (Check one box per category)

 Pirojed Tyll)e                                                        lLettel!'§  ,,


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                                 2010:2 CEDS PROJECT SUIBM!TTAl FORM

Applicant Name:                City of Muskegon                      Project Name: Farmers/ Seafood Market

Contact Person: ---'Lc!,o<.!n.:.!n.:.!a'°--'A"'n'-'-"lg-"u~i~l"'m'----- Phone: -~2-3~J=1~2~4=6u1..,_n,_..2'-----------

Note: Please use a separate page for each project submitted


Location of Project: City of Muskegon                                         County:          Muskegon

Project Description:             see attached,

Estimated Project Start Date: ~2=-0"--0"--3"---------                                ~ New Project                D    Facility Expansion
                                                                                     (check one box)


lmporlant:        For Economic Development Infrastructure Construction Project, please remember to provide the required site
                  location map with this form.
(Check one box per category)


Project l'ype                                                         lLelttell's off C11>mDJJ11iltlllllelllllt (!i-omlncommg and/oroxpandlngfum(•l)
D New Submission                Cill Repeat Submission (20_J D Yes                                      Kil No                    O NA
                                                                                                                               Not Applicable
ll"irojed Costs: (estimated or actual)                                Matclhillllg JF,mtd!s
Federal:        2.000.000                                             D Secured                        Kil Lacking
State: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __                                 il"oltentiall Jolb> Creation ( estimated)
                                                                             10-99                                             0 NA
Local: _ __,,_4_,_• .,,,,0.,,,,0.!,1,0_,•.;i0c,i0'"0'-------------                                                             Not Applicable

Other: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __                                 Poltentiall Jolb> .IReteH11ti11>H1 ( estimated)
                                                                           10-99                                               0 NA
TOTAL: -"'-$6"-'-'.0e.,;0""0""•._,0'--'0'-"0'-------------                                                                     Not Applicable

ll'ire!immimniry Ellllgirneerilllg                                    ][:; yo1111r jp)ll"ll>jed in a Compreluemmnve ll'Ilan, Master
D Complete                        O In Progress                       il"Dilll!II., Tl!FA lP'!an, lFiHllocirng ll"Ilam, or similar
Cill Lacking                      O NA                                1focument?
                                  Not Applicable                     l:U Yes (identify)                D   No

                                                                           Master Plan, CEDS

Do not write below this line.

Creation/Cost Ratio:                               Distress Level:                             Category:

Retention/Cost Ratio:                              Low/1\tlod%:                                TOTAL POINTS:

Rietllllm this foll"m to:             2002 CEDS Projects
                                      West Michigan Shoreline Regional Development Commission
                                      137 Muskegon Mall, P.O. Box 387
                                      Muskegon, MI 49443-0387

                                      (231) 722-7878 ext. 113 Fax: (231) 722-9362
                                      E-mail: [email protected]"
                                PROJECT DESCRIPTION

                                · Farmer's/Seafood Market


A. Background - The idea of a downtown Farmer's/Seafood Market first surfaced during
   the Master Plan process. The Muskegon Boilerworks has been identified as the
   primary location for the complex, although other lakefront properties would be
   feasible. The location was chosen for its proximity to the waterfront and the central
   business district.

B. Project Scope - The scope of this project includes the acquisition and redevelopment
   of the Muskegon Boile1works and adjacent sites. This project will enhance the image
   of downtown and provide a new outlet for fresh produce.

C. Project Cost & Timing - To complete the property acquisition and rehabilitation as
   well as the installation of new utilities, the estimated cost is $6 million. This amount
   includes the acquisition of the former Muskegon Boilerworks, as well as several
   adjacent sites and all requisite environmental assessments.

D. Funding Sources - If funding were approved, local match would be provided by the
   City and/ or private sources.

E. Project Beneficiaries - The project will benefit the entire community but more
   specifically downtown residents and property owners. Inner-city residents and
   employees would greatly benefit from tl1e availability of fresh produce. An activity
   of this sort would also increase the amount of pedestrian activity in the downtown.
\
    \

        \
            \.
                 \
                                                                                                 Relocation of West
Applicant Name: City of Muskegon                                         Project Name:           Michigan Steel

Contact Person:             Lonna Angui lrn                              Phone:           231 724 6702

Note: Please use a separate page for each project submitted


Location of Project: City of Muskegon                                              County:            Muskegon

Project Description:              see attached .

Estimated Project Start Date: ~2""0"'0""3"-----------                                      0 New Project                   ~ Facility Expansion
                                                                                           (chedc one box)

important:         For Economic Development Infrastructure Construe/ion Project, please remember to provide the required site
                   location map with this form.
(Check one box per category)

Proj ed Type                                                              Letters olf CollllilmmitllllilCllllt ( mrom mcooong ond/or expanding fiml(•l)
0 New Submission (] Repeat Submission (20__)                              •    Yes                           01 No                        O NA
                                                                                                                                          Not Applicable
Pirojed Costs: (estimated or actual)                                      Maitchilllg Flll!nllils
Federal:              5 000 000                                           0 Secured                          ID Lacking
State:                            5 000 000                               Potenltn!nl Job Orealtiol!ll ( estimated)
                                                                                      10-99                                               0 NA
Local:                            1 000 000                                                                                               Not Applicable


Other:                            4,000.000                               Pot1mltial Job lReltentiolll ( estimated)
                                                                                     1 00+                                                0 NA
TOTAL:                         $15.000.000                                                                                                Not Applicable

JP'l!"e!illllilimniry lEHlgineeiril!llg                                   To yolll!ll" !l)ll"Ojed Illll Ill C@lll!R!l)l!"CheillSive ll."Hrum, Mmsteir
0 Complete                            O In Progress                       PH11J11, TIFA PBal!ll, lFillll:lllHICilllg ll."l:llllll, oir simil!:lllir
fi Lacking                            O NA                                document'.'
                                      Not Applicable                      [l Yes (identify) 0 No
                                                                           Master Plan, CEDS

Do not write below this line.

Creation/Cost Ratio:                                   Distress Level:                                 Category:

Retention/Cost Ratio:                                  Low/Mod%:                                      TOTAL POINTS:

Return this foirm to:                     2002 CEDS Projects
                                          West Michigan Shoreline Regional Development Commission
                                          137 Muskegon Mall, P.O. Box 387
                                          Muskegon, MI 49443-0387

                                           (231) 722-7878 ext. 113 Fax: (231) 722-9362
                                           E-mail: [email protected]
                                PROJECT DESCRIPTION

                             West Michigan Steel Relocation

A. Background - West Michigan Steel is one of the last industrial uses located on the
   shoreline of Muskegon Lake. In order to completely redevelop the shoreline, West
   Michigan Steel should be relocated to a more proper location in one of the Industrial
   Centers in the City of Muskegon.

B. Project Scope - The project scope would be first to locate a new site for the company,
   followed by building a new facility and installing new utilities and infrastrncture.
   Secondly, the companies existing assets would need to be relocated to the new
   facility. The existing facility would then require demolition and environmental
   remediation to prepare it for new development. New development would be more
   appropriate for a lakeshore location.

C. Project Cost & Timing - Total estimated costs are $16 million. This includes costs
   for building a new facility, equipment moving costs, environmental remediation, new
   infrastrncture and utilities. If this project were to receive funding, the project could
   begin in 2003.

D. Funding Sources - If funding were approved, local match would be provide from
   State, City, and private sources.

E. Project Beneficiaries - The general public would benefit from the relocation of the
   facility both economically and ecologically. The relocation would also benefit West
   Michigan Steel by placing them in a more proper location with better highway access.
                                 2@02 CE:DS PROJIECT SUBM!TTAl FORM

Applicant Name:                City of Muskegon                      ProjectName:car Ferry r.anding

Contact Person: _ _,L"'o°'n'°'n'°'a"-----'A"'n,.,_g1 u=i=-lm"'-------- Phone: --='--'---'-'"-'--"--'---"-"----------
                                                                                231-724-6702

Note: Please use a separate page for each project submitted


Location of Project:             City of Muskegon                             County:         Muskegon

Project Description: --"s"'e'-"e'-"a'-'t"-'t"'a"--'c"-'h""'e""d"-·----------------~-------

Estimated Project Start Date: ----=2'-"0c,0'--'3'---------                           il.91 New Project            0 Facility Expansion
                                                                                     (check one box)

lmponltmt:        For Economic Development Infrastructure Construction Project, please remember to provide the required site
                  location map with this form.
(Check one box per category)

ll"lrojed Type                                                        lLetlterr§ oif Commitment (iirom incoming and/or e,pandmg mm(•))
0 New Submission l1lll Repeat Submission (20__J QI Yes                                                 O No                    O NA
                                                                                                                               Not Applicable
ll"rnjed Costs: ( estimated or actual)                                Matchi11g F1m11fa
Federal: _ _ _----'....L!.L,_ucWL_ _ _ _ _ _ __                       (] Secured                       0 Lacking
State: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __                                 Potellltia! Job Cnatiolil ( estimated)
                                                                              1 00+                                            0 NA
Local: - - - ~ 2...s,..,o'-'-'.o""o""'o.,_________                                                                             Not Applicable


Other: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __                                 Potelllti::nl Job Retention ( estimated)
                                                                               1 00+                                          0 NA
TOTAL: -~$"---1c.,,,__,o,.,o,.,oL,,,__,o,_,o,.,oL.__ _ _ _ _ __                                                                Not Applicable

ll"ll'e!immi11acy Engimiell'ing                                       lls yow11r JlllR'Oject ilil a ComJllln-elhielllsive ll"Hllllll, Masteil"
l2ll Complete                  O In Progress                          Pllim, TIFA ll'!mm, Finumcinng Jl"l:m, orr simillaR'
0 Lacking                      O NA                                   6-llCIIDllieilt?
                                  Not Applicable                      IJl Yes (identify)               0 No
                                                                         Master Plan, CEDS

Do not write below this line.

Creation/Cost Ratio:                               Distress Level:                              Category:

Retention/Cost Ratio:                              Low/Mod%:                                   TOTAL POINTS:

Return this foR'm to:                 2002 CEDS Projects
                                      West Michigan Shoreline Regional Development Commission
                                      137 Muskegon Man, P.O. Box 387
                                      Muskegon, MI 49443-0387

                                      (231) 722-7878 ext. 113 Fa,"l:: (231) 722-9362
                                      E-mail: ekuhn!alwmsrdc.oro-
                               PROJECT DESCRIPTION

                                    Car Ferry Landing

A. Background - The proposed car ferry landing would provide high-speed ferry service
   from Muskegon to Milwaukee, Wisconsin. One of the requirements for designating
   Muskegon as the Michigan port is the siting of the requisite car ferry landing with
   adequate parking and access.

B. Project Scope - The project scope will be acquiring property for the proposed landing.
   Associated site development will include parking and docking facilities as well as
   potential landing facilities such as ticket office, restaurant, and other amenities.

C. Project Cost & Timing - Total estimated costs are $1.5 million. This includes costs
   for property acquisition and site development. If this project were to receive funding,
   the project could begin in 2003.

D. Funding Sources - If funding were approved, local match would be provide from
   State, City, and private sources.

E. Project Beneficiaries - The general public would benefit from the availability of
   alternative means of transportation to and from Wisconsin. The project would also
   provide additional potential customers to the downtown market thereby increasing the
   marketability of the downtown.
City of Muskegon . . CEDS

   Car Ferry Landing
 Date: February 12, 2002
 To:     Honorable Mayor and City Commissioners

 From: Finance Director
 RE: Pension Ordinance Clarification


 SUMMARY OF REQUEST: Section 10(d) of the City's Police & Fire Retirement
   System ordinance provides that "a member who remains in the employ of the city but
  ceases to be a police officer or a firefighter shall remain a member of the retirement
· system for the duration of his City employment." This provision ·recently came into
  play when the former Fire Marshall assumed the position of Director of Inspections.
  The current ordinance does not, however, specify the benefits or contributions
  pertaining to an affected employee. Attached is a technical correction ordinance
  intended to address this matter. It provides that the contributions and benefits will be
  the same as if the member had not left employment with the Police or Fire
  Departments.

 FINANCIAL IMPACT: None.

BUDGET ACTION REQUIRED: None. The position was budgeted with the
pension benefits accorded to a Fire Department position.

STAFF RECOMMENDATION: Approval.




At the Legislative Policy Committee meeting held Wednesday, April 24, 2002

Legislative Policy Committee voted to adopt the ordinance as recommended by staff and
legal counsel. Vote was 4 Yeas, 1 Absent, 2 Nays.
                                    ROLL CALUACTION SHEETS

Present                Name          Action   Ayes         Nays             C~men t
                                                                                                         -----
          Mayor Warmington                                 ....   I i)      ~J,lw,1.k'- s~r.,,.;,
          Vice Mayor Buie                              ,   .V      1
                                                                       '7   Jt'~'IV""-.1 St-., J. -\\,'.":::::>. ...  '.;r.. \::0..eic)/x1. ,:-:::-.~,0~·::::-: ...
                                   Please print

Robert J. Gibbs, ASL.A
President                          ...../.1.J..y.Q.C..................................................................
                                   Title


                                   ..... C..1.:.y.. ......... R-f ........./11.u.~. %.y..9..a .............
                                   Representing
Downtown Waterfront Market Analysis
Muskegon, Michigan


               Step 1
         Market Assessment
            June 1-July15



                                    Step 2
                            Retail Market Analysis
                                June 15-August 1



                                                        Step 3
                                                 Implementation Strategy
                                                    August 1-September 1



                                 Initial Draft
                                     1-Sep



             Final Draft/Presentation
             15-Oct-02
Date:         May 28, 2002
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Clarification on the Special Assessment Policy Amendment
              of May 14, 2002


SUMMARY OF REQUEST:
It is respectfully requested that the recent amendment of the special assessment policy be
Vacated due.to ambiguous interpretation and revert to the original table (80%) when
preparing the assessable per foot cost which is based on the cost of assessable items.
However, it is requested that the policy be amended to limit the total assessment on any
pavement project as described in said policy to a maximum of 45% of the TOTAL COST



                                                                         ~,/
OF THE PROJECT which would be determined at the time the roll being spreading.

FINANCIAL IMPACT:
None anticipated at this time.



BUDGET ACTION REQUIRED:
None.


STAFF RECOMMENDATION:
Amend the special assessment policy.



COMMITTEE RECOMMENDATION:
Date:         May 28, 2002
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Clarification on the Special Assessment Policy Amendment
              of May 14, 2002


SUMMARY OF REQUEST:
It is respectfully requested that the recent amendment of the special assessment policy be
Vacated due to ambiguous interpretation and revert to the original table (80%) when
preparing the assessable per foot cost which is based on the cost of assessable items.
However, it is requested that the policy be amended to limit the total assessment on any
pavement project as described in said policy to a maximum of 45% of the TOTAL COST
OF THE PROJECT which would be determined at the time the roll being spreading.

FINANCIAL IMPACT:
None anticipated at this time.



BUDGET ACTION REQUIRED:
None.


STAFF RECOMMENDATION:
Amend the special assessment policy.



COMMITTEE RECOMMENDATION:
                                   AMENDED TABLE AS OF 05/28//02


Activity/improvement                     Share of Total****       Area        Amount to be
                                         Cost Assessable          Assessed    Assessed per
                                                                              front foot

1.      Maintenance                      0%                0                  N/A
2.      Rehabilitation                   0%                0                  N/A
3.      Resurfacing                    80%                 *                  $6.40   ***
4       Mi II ing/Resu rfaci ng        80%                 *                 $11.40   ***
5.      Rehab./Resurfacing Majo        80%                 *                 $18.70   ***
6.      Reconstruction                 80%                 *                 $19.70   ***
7.      New Construction               80%                 *                 $19.70
8.      New Subdivision               100%                 **                Actual
                (where assessed)
* standard residential width
** entire improvement performed by City
*** these front foot assessments included an adjustment reflecting           credit
    for residual value of existing street per Section V (C) (9), with
    total assessment not to exceed benefit to abutting property.
**** total assessment shall not exceed 45% of total project cost

V       Assessment Policy; Improvements Included: Allocation of
        Cost: Financing and Scheduling - This policy shall be
        implemented as follows:

A.      Design and Engineering - All streets, including subdivision streets, shall be
        constructed or reconstructed to engineering standards and design as
        established by the City, unless determined that sufficient reasons exist to
        provide exception/deviation from standards.

B.      New Subdivision Development - All new development requiring streets shall be
        the responsibility of the developer; however, when available, and deemed
        advisable by the City Commission, the City may utilize special assessment
        bonding to provide for street and public infrastructure, assessments to the
        properties benefiting to the extent permissible by law.

C.      Assessment Method - The method of assessment for the work determined
        assessable shall be as follows:

        1.      Cost of the work shall include all cost directly and indirectly chargeable to
                the project.




                                                       -4-



\\l\.'IUSKDATA\IJata\ENGINEERING\COMMON\WORD\SA POLICY PG 4.doc
    Date:        May 28, 2002
    To:          Honorable Mayor and City Commissioners
    From:        Engineering
    RE:          Consideration of Bids
                 Laketon Ave. @Barcaly St. Intersection


    SUMMARY OF REQUEST:
    The Whitetopping of Laketon Ave. @ Barclay St. contract (H-1555) be awarded to
    Veneklasen Concrete Construction out of Rockford since they were the lowest (see bid
    tabulation) responsible bidder with a bid price of $116,495.00.


    FINANCIAL IMPACT:
    The construction cost of $116,495.00 plus associated engineering cost which is estimated at
    an additional 15%.

,
    BUDGET ACTION REQUIRED:
    None.


    STAFF RECOMMENDATION:
    Award the contract to Veneklasen Concrete Construction.



    COMMITTEE RECOMMENDATION:
                                             H-1555 LAKETON AVE. & BARCLAY ST.
                                                         INTERSECTION WHITETOPPING
                                                                    BID TABULATON
                                                                       May 7, 2002
                                                   CONTRACTOR NAGEL CONSTRUCTION                  VENEKLASEN                AJAX PAVING
                                                      ADDRESS           PO BOX 10              6760 NORTHLAND DR            ONE AJAX DR
                                                        CITY/ST         MOLINE, Ml                ROCKFORD, Ml            MADISON HTS., Ml
                                                                                                                          UNIT
                      DESCRIPTON                  QUANTITY UNIT UNIT PRICE TOTALPRIC UNIT PRICE TOTAL PRICE              PRICE   TOTAL PRICE
1    ADJUST MANHOLE CASTING PER DETAIL                    5 EACH     $150.00       $750.00      $330.00      $1,650.00    $570.00     $2,850.00
2    ADJUST WATER VALVE CASTING PER DETAIL                2 EACH     $100.00       $200.00      $130.00       $260.00     $570.00     $1,140.00
3    COLDMILLING 4"                                    3280 Q.YD       $6.10     $20,008.00        $3.60    $11,808.00      $4.50    $14,760.00
4    CONCRETE PAVEMENT 4" (WHITETOPPING)               3280 Q.YD      $30.00     $98,400.00      $23.45     $76,916.00     $31.75   $104,140.00
5    MANHOLE CASTING E.J.#1000 OR EQUAL                   5 EACH     $300.00      $1,500.00     $250.00      $1,250.00    $450.00     $2,250.00
6    PAVEMENT MARKING 4" WHITE                          435 IN.FT      $1.00       $435.00         $1.35      $587.25       $1.35      $587.25
7    PAVEMENT MARKING 4" YELLOW                        1130 IN.FT      $1.00      $1,130.00        $1.35     $1,525.50      $1.35     $1,525.50
8    PAVEMENT MARKING 6" CROSSWALK                      435 IN.FT      $1.30       $565.50         $2.65     $1,152.75      $2.65     $1,152.75
9    PAVEMENT MARKING 18" STOP BAR                       90 IN.FT      $3.00       $270.00         $7.95      $715.50       $7.95      $715.50
10 PAVEMENT MARKING SYMBOL (LEFT TURN ARRO                3 EACH     $100.00       $300.00       $95.00       $285.00      $95.00      $285.00
11   PAVEMENT MARKING SYMBOL (ONLY)                       3 EACH     $150.00       $450.00      $115.00       $345.00     $115.00      $345.00
12 TRAFFIC CONTROL                                        1 LUMP    $4,000.00     $4,000.00   $20,000.00    $20,000.00 $10,000.00    $10,000.00


                        LAKETON & BARCLAY TOTAL                                 $128,008.50                $116,495.00              $139,751.00
                                            H-1555 LAKETON AVE. & BARCLAY ST.

                                                   INTERSECTION WHITETOPPING
                                 ENGINEER'S ESTIMATE APRIL 10 2002
    ·--·------------ - - - --======--~-~--=~=------,-----,-----~
                                DESCRIPTION                     QUANTITY     UNIT          PRICE                 PRICE
     1       'ADJUST MANHOLE CASTING PER DETAIL                         5    EACH            $400.00             $2,000.00
     2      ADJUST WATER VALVE CASTING PER DETAIL                       2    EACH            $400.00               $800.00
                                                                 -- ~-+---==-=-+-~-=+-=--'=='-4
     3 COLDMILLING 4"   .............. -· --·-·---··---·-----·-      3280   SQ.YD.              $6.00           $19,680.00
                                                                          -·-------- --·--c--:--c---'1--~===-i
     4____CONCRETE PAVEMENT 4" (WHITETOP_P_!NGL__ ------+------3_2_80_, _S9:_'r'_D . ·----c-'$cc2 5.-c0 0+-~$~82~,~00~0~.0~0-1
                                                                                                 7     7
     5 MANHOLE CASTING E.J.#1000 OR lcCl'!"L__ -------+----5+-_EA_C_H +--~$5_0_0_.o_o-+-_~$_2,~5~00~·~00'-l
     6       PAVEMENT MARKING 4" WHITE                                435 LIN.FT. 1----$~0_.5_0-+-_ _$~2~1_7.~5---10
           -
     7       PAVEMENT MARKING 4" YELLOW
     --- - •---
                                                                     1130 __Ut-,IJ''T,_
                                                                                _,_,_
                                                                                              _$o.5o __            $565.oo
     8   -
              PAVEMENT
             ---- ---·- MARKING 6" CROSSWALK
                                          "-------------------------- ----1----4_3_5+ LJN£I:.-+---$~1_.o_o-+-_ _$4~3~5.~o---10
     9 PAVEMENT MARKING 18" STOP BAR                                                          90    LIN.FT.            $2.00             $180.00
    1_0__ l'AVEMENT MARKING SYMBOL (LEFTTURN ARROW)                                            3     EACH             $50.00             $150.00
     11 PAVEMENT MARKING SYMBOL (ONLY)                              - - - - 1 - - - ~ 3•-- E=A~C~H~+---~~$~50~-~oo'--+--=~$1~5~0~.0-'--10
    _1_2__iT_RAFFIC CONTROL                                                            1   LUMP       $20,000.00          $20,000.00

                                                                                 SUBTOTAL                                                $128,677.50
                      - - - - - - - -·-··----··--·-·· -- - - - - - - - - - - - - - + - - - - - + - - - - - - + - - - - - + - - ~ - - - - ,
                                                                  15% ENGINEERING
                                          ----- ·------- ---- ··- ... - ........ ____ --------- ---- - ----- --- -------------- -------·
                                                                    ,,
                                                                                                                                          $19,301.63
             .

     ------
                                                                                       TOTAL
                 --- -----. · · · • • s . - - , - - - - - - - - - - - - - - - - - - - - - - ~ - - ~ - - - " ·
                                                                                                                                         $147,979.13




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