City Commission Packet 04-11-2006

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                        APRIL 11,2006
    CITY COMMISSION CHAMBERS@ 5:30P.M.
                        ACTION NUMBERS

2006-34 CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
     B. Appointment to the City Employee's Pension Board and the Police &
        Fire Retirement Board. CITY CLERK
     C. Approval of the Use & Maintenance of City Owned Property at 1561
        Albert Avenue for a Garden by Marquette Neighborhood Association.
        PLANNING & ECONOMIC DEVELOPMENT
     D. Approval of the Use & Maintenance of City Owned Property at 1728 &
        1734 Terrace Street & 274 E. Larch Avenue for a Garden by Sacred
        Suds. PLANNING & ECONOMIC DEVELOPMENT
     E. Grant Application for Transportation Economic Development Fund
        Category F. ENGINEERING
     F. City-Michigan Department of Transportation Agreement for Non-
        Motorized Pathway, Bike Path Phase I (McCracken to Shoreline).
        ENGINEERING
     G. Consideration of Bids: Denmark. Crozier to Lakeshore Drive (H-1613)
        ENGINEERING
     H. Aggregates, Highway Maintenance Materials and Concrete.          PUBLIC
        WORKS
2006-35 PUBLIC HEARINGS:
     A. Create a Special Assessment District for Fifth Street, Merrill Avenue to
        Muskegon Avenue. ENGINEERING
2006-36 UNFINISHED BUSINESS:
     A. SECOND READING: Zoning Ordinance Amendment to Article XXII.
        Nonconforming Uses. PLANNING & ECONOMIC DEVELOPMENT
2006-37 NEW BUSINESS:
     A. Transmittal of 2005 Comprehensive Annual Financial Report. FINANCE
     B. Selection of Architect for Arena Clubroom. FINANCE
      C. Water Filtration Plant Improvements Project Final Change Order #11.
         WATER FILTRATION PLANT
      D. 2006-2007 Community Development Block              Grant and Home
         Investment Partnership Program Funding.            COMMUNITY AND
         NEIGHBORHOOD SERVICES
      E. Approval of the 2006-2007       Action   Plan.     COMMUNITY   AND
         NEIGHBORHOOD SERVICES
      F. Consideration of Bids: Beach Leveling. PUBLIC WORKS
2006-38 CLOSED SESSION: To discuss collective bargaining.
ADJOURNMENT: The Regular City Commission Meeting adjourned at 7:38 p.m.
Date:    April 11, 2006
To:      Honorable Mayor and City Commissioners
From:    Gail A. Kundinger, City Clerk
RE:      Approval of Minutes




SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, March 28, 2006.



FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                        APRIL 11, 2006
    CITY COMMISSION CHAMBERS @ 5:30 P.M.
                                MINUTES

   The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, April 11,
2006.
   Mayor Warmington opened the meeting with a prayer from Pastor Penny
Johnson from the Oak Crest Church of God after which the Commission and
public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
   Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioner Chris Carter, Kevin Davis, Clara Shepherd, Lawrence Spataro, and
Sue Wierenga, City Manager Bryon Mazade, City Attorney John Schrier, and City
Clerk Gail Kundinger.
2006-34 CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Tuesday, March 28, 2006.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
     B. Appointment to the City Employee's Pension Board and the Police &
        Fire Retirement Board. CITY CLERK
SUMMARY OF REQUEST: To appoint G. Thomas Johnson to the City Employee's
Pension Board and the Police & Fireman's Retirement Board.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To make the appointment.
COMMITTEE RECOMMENDATION:        The Community Relations         Committee
recommended the appointment at their March 6th meeting.
     C. Approval of the Use & Maintenance of City Owned Property at 1561
         Albert Avenue for a Garden by MarqueHe Neighborhood Association.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the use and maintenance of the City
owned property located at 1561 Albert Avenue for a community garden. The
property is a buildable lot. The City would retain the right to sell the property
with the Marquette Neighborhood Association having time to remove the
garden prior to any sales. The Marquette Neighborhood Association has
proposed a vegetable garden with flowers. The neighborhood residents will be
involved in the garden and the maintenance. All gardening tools will be stored
off site. There will be no permanent structures on the site. The garden will be
maintained weekly.
FINANCIAL IMPACT: None. By having the maintenance agreement with the
Marquette Neighborhood Association, the City would not need to maintain the
property while the garden is at the location.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and maintenance agreement.
COMMITIEE RECOMMENDATION: The Land Reutilization Committee, at their
regular meeting of March 28, 2006, stated that if this garden follows what Sacred
Suds will be doing, then this may go directly to the City Commission for approval
due to the timeline for planting season.
      D. Approval of the Use & Maintenance of City Owned Property at 1728 &
         1734 Terrace Street & 274 E. Larch Avenue for a Garden by Sacred
         Suds. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the use and maintenance of the City
owned property located at 1728 & 1734 Terrace Street and 27 4 E. Larch A venue
for a community garden. The properties are contiguous and together create a
buildable lot. The City would retain the right to sell the property with Sacred
Suds having time to remove the garden prior to any sales. Sacred Suds has
proposed a vegetable garden with flowers. The neighborhood residents will be
involved in the garden and the maintenance. All gardening tools will be stored
off site. There will be no permanent structures on the site. The garden will be
maintained weekly. Sacred Suds is located diagonally from this property (their
address is 289 E. Larch).
FINANCIAL IMPACT: None. By having the maintenance agreement with Sacred
Suds, the City would not need to maintain the property while the garden is at
the location.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and maintenance agreement.
COMMITTEE RECOMMENDATION:            The Land Reutilization Committee
recommended approval of the use of the property for a garden to Sacred Suds
at their regular meeting of March 28, 2006.
      E. Grant Application for Transportation Economic Development Fund
         Category F. ENGINEERING
SUMMARY OF REQUEST: Authorize staff, by adopting the resolution, to submit a
Transportation Economic Development Fund Category - F Grant application
requesting funds for the reconstruction of Park Street between Hackley & Young.
This project, if approved, will be submitted as a joint application between the
City and Muskegon Heights since the street is equally owned by both
communities. Local share, which is estimated at $48,000, for the project will be
equally divided between the two cities with each picking up $24,000 plus one
half of the engineering cost.
FINANCIAL IMPACT: The estimated construction share of $24,000 plus one half of
the engineering cost.
BUDGET ACTION REQUIRED: None at this time. However, should you authorize
the submittal; the project will appear on the upcoming CIP for 2007.
STAFF RECOMMENDATION: Authorize staff to submit the grant application.
      F. City-Michigan Department of Transportation Agreement for Non-
         Motorized Pathway. Bike Path Phase I (McCracken to Shoreline).
         ENGINEERING
SUMMARY OF REQUEST: To approve the contract with Michigan Department of
Transportation for the construction of a Non-Motorized Pathway (bike path
phase I) from McCracken Street to Shoreline Drive and to approve the resolution
authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: Michigan Department of Transportation's participation of
federal money is coped at $799,370 but not to exceed 50% of eligible cost. The
estimated total construction cost (with engineering) of the project, including the
state's department of natural resources (MDNR) grant, is $1 ,800,000.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: That the agreement and resolution be approved.
      G. Consideration of Bids: Denmark. Crozier to Lakeshore Drive (H-1613)
         ENGINEERING
SUMMARY OF REQUEST: Award the paving, using the concrete alternate for the
block between Harrison and Lakeshore, and underground utility construction
contract (H-1613) for the reconstruction of Denmark between Crozier and
Lakeshore Drive to Wadel Stabilization out of Hart since they were the lowest,
responsible bidder with a bid price of $454,897.70.
FINANCIAL IMPACT: The construction cost $454,897.70 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to Wadel Stabilization.
      H. Aggregates, Highway Maintenance Materials and Concrete.          PUBLIC
         WORKS
SUMMARY OF REQUEST:
    Award bid to supply H1 and H21imestone chip blend to Verplank Trucking
Company, PO Box 8, Ferrysburg, Ml 49409.
      Award bid to supply road slag to Verplank Trucking Company, PO Box 8,
Ferrysburg, Ml 49409.
      Award bid to supply Sylvax patching material (CP-6 alternative) to Asphalt
Paving, Inc., 1000 E. Sherman Blvd., Muskegon, Ml 49440.
      Award bid to supply bituminous asphalt product to Asphalt Paving, Inc.,
1000 E. Sherrnan Blvd., Muskegon, Ml 49444.
       Award bid to supply Calciurn Chloride 38% (road brine) and 32% (winter
salting) to Liquid Dustlayer, Inc., PO Box 188, Manistee, Ml 49660.
      Award bid to supply screened top soil to Felco Contractors. 87 4 Pulaski
Ave., Muskegon, Ml 49441.
       Award bid to supply 7-sack mix concrete to Port City Redi-Mix Company,
1780 Sheridan Road Muskegon, Ml 49442; contingent upon product availability,
timely deliveries, and prices as quoted.
FINANCIAL IMPACT: $146,500 based on 2005 quantities at 2006 quotes.
BUDGET ACTION REQUIRED: None, monies appropriated in several budgets.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
Consent Agenda as read.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Carter
            Nays: None
MOTION PASSES
2006-35 PUBLIC HEARINGS:
      A. Create a Special Assessment District for Fifth Street, Merrill Avenue to
         Muskegon Avenue. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment for Fifth Street, Merrill Avenue to Muskegon Avenue, and to create
the special assessment district and appoint two City Commissioners to the Board
of Assessors if it is determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 5:40 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing at 5:42 p.m. and create the special assessment district for Fifth
Street. Merrill to Muskegon.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
           and Davis
            Nays: None
MOTION PASSES
Commissioner Spataro and Shepherd were appointed to the Board of Assessors.
2006-36 UNFINISHED BUSINESS:
      A. SECOND READING: Zoning Ordinance Amendment to Article XXII,
         Nonconforming Uses. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Sections 2200, 2201, 2202, 2203, and
2204 (Nonconforming Uses) of Article XXII of the Zoning Ordinance.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION:        Staff recommends amendment of Article XXII
(Nonconforming Uses) of the Zoning Ordinance.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the amendment at their March 16th meeting. The vote was
unanimous in favor of the amendment. with J. Aslakson and T. Michalski absent.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to adopt the
zoning ordinance amendment to Article XXII.
ROLL VOTE: Ayes:  Shepherd, Spataro, Warmington, Wierengo, Carter, and
           Gawron
            Nays: Davis
MOTION PASSES
2006-37 NEW BUSINESS:
      A. Transmittal of 2005 Comprehensive Annual Financial Report. FINANCE
SUMMARY OF REQUEST: The City's 2005 Comprehensive Annual Financial Report
(CAFR) has previously been distributed to City Commissioners. At this time, the
CAFR is being formally transmitted to the Commission in accordance with state
law. The 2005 CAFR has been prepared in accordance with Governmental
Accounting Standards Board (GASB) 34 accounting standards. The 2005 CAFR
also includes the "single-audit" of federal grants.
FINANCIAL IMPACT: None. The CAFR report summarizes the City's financial
activities for 2005 and includes the independent auditor's unqualified opinion on
the City's financial statements.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Acceptance of the 2005 CAFR.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the 2005 Comprehensive Annual Financial Report.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
           Shepherd
             Nays: None
MOTION PASSES
      B. Selection of Architect for Arena Clubroom. FINANCE
SUMMARY OF REQUEST: Proposals were received from four area architectural
firms for design and construction oversight services for the proposed Walker
Arena clubroom facility:
      Bosma Architects       -     $19,600
      C. Richard Borgeson -        $15,000
      Hooker DeJong          -     $18,750
      Sidock Group           -     $30,000
A selection committee comprised of staff and arena personnel interviewed
each firm to gain better understanding of their qualifications and vision for the
project. After going through this process, it is recommended that Hooker,
DeJong be selected as architect. Hooker was one of the top two firms selected
by all four committee members.
FINANCIAL IMPACT: The project will be funded through an internal borrowing
targeted at $300,000, including architect fees. All architects agreed the project
is achievable within that budgeted figure. When construction bids are received
and the City Commission gives final approval for the project, an internal loan will
be set up with specific payback terms.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Selection of Hooker, DeJong as architect.
Motion by Commissioner Spataro, second by Commissioner Shepherd to select
Hooker, DeJong as the architect contingent upon City Attorney's approval of the
contract.
ROLL VOTE: Ayes: Warmington, Carter, Gawron, Shepherd, and Spataro
            Nays: Wierengo and Davis
MOTION PASSES
      C. Water Filtration Plant Improvements Project Final Change Order #11.
         WATER FILTRATION PLANT
SUMMARY OF REQUEST: Request endorsement of the Final Change Order, # 11,
to close out the Water Filtration Plant Improvements Project.
FINANCIAL IMPACT: The change order is in the amount of $68,253.
BUDGET ACTION REQUIRED: The funding will come from the Water Fund.
STAFF RECOMMENDATION: Staff recommends approval of the final change
order # 11 for the Water Filtration Plant Improvements Project in the amount of
$68,253.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the final change order.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
      D. 2006-2007 Community Development Block            Grant and Home
         Investment Partnership Program Funding.          COMMUNITY AND
         NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: For the City Commission to make their final allocation
decision concerning the 2006-2007 Community Development Block
Grant/HOME Partnership Program allocations for this coming fiscal year. The
Commission has received the recommendations from the Citizen's District
Council and the City administration. The Commission made their preliminary
recommendations during the March 14, 2006, City Commission Meeting. After
receiving the Commissions final allocation decision, the Community and
Neighborhood Services office will amend the City's 2006-2007 Action Plan if
needed and continue the comment period until April 17, 2006. At that time, the
Community and Neighborhood Services staff will request the United States
Department of Housing and Urban Development for the Release of Funds for the
2006-2007 fiscal year to begin June 1, 2006.
FINANCIAL IMPACT:         The decision will determine how the Community
Development Block Grant/HOME Partnership Program funding will be allocated
for the 2006-2007 fiscal year.
BUDGET ACTION REQUIRED: The Commission actions will establish the fiscal years
budget.
STAFF RECOMMENDATION:          The    Commission    previously   received   the
administration recommendations.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the preliminary recommendation as final.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
           Wierengo
            Nays: None
MOTION PASSES
      E. Aooroval of the 2006-2007         Action   Plan.     COMMUNITY      AND
         NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the 2006-2007 Action Plan for the City of
Muskegon Community Development Block Grant/HOME Partnership Program
activity. If the Action Plan is approved, the Community and Neighborhood
Services office will continue the comment period of the Action Plan as
amended if needed until May 30, 2006. On or after April 17, 2006, the
Community and Neighborhood Services office will deliver the Action Plan to the
United States Department of Housing and Urban Development as required in
order to request the Release of Funds for the 2006-2007 fiscal year.
FINANCIAL IMPACT: Action Plan establishes the 2006-2007 budget.
BUDGET ACTION REQUIRED:       None at this time, budget established by Action
Plan.
STAFF RECOMMENDATION: To approve the Action Plan as is or as amended.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to approve
the 2006-2007 Action Plan.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Carter
            Nays: None
MOTION PASSES
      F. Consideration of Bids: Beach Leveling. PUBLIC WORKS
SUMMARY OF REQUEST: We received five bids for the beach-leveling contract
for Pere Marquette Park. The lowest bidder, Hitsman Enterprises, failed to submit
the bid bond as required by the contract. The other four bidders did not include
bids for 2007 and 2008. Due to the irregularities in the bids submittal, staff is
requesting rejection of all bids and authorization to re-bid the project. However,
if the Commission decides to waive these irregularities, we suggest that Hitsman
Enterprises be awarded a one-year contract, since they were the lowest bidder
with a bid price of $48,000. We would then re-bid the project in 2007.
FINANCIAL IMPACT: $48,000.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Reject all bids.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to waive
irregularities and award the bid to Hitsman Enterprises for one year.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, and Wierengo
            Nays: Carter and Davis
MOTION PASSES
2006-38 CLOSED SESSION: To discuss collective bargaining.
Motion by Commissioner Spataro, second by Commissioner Shepherd to go into
Closed Session at 7:02p.m.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
           and Gawron
           Nays: None
MOTION PASSES
Motion by Commissioner Shepherd, second by Commissioner Carter to come
out of Closed Session at 7:37 p.m.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
           Shepherd
           Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 7:38p.m.


                                         Respectfully submitted,




                                           ~ 0-~f
                                         Gail A. Kundinger, MMC
                                         City Clerk
Date:     April 11, 2006
To:       Honorable Mayor and City Commissioners
From:     City Clerk, Gail Kundinger
RE:       Appointment to the City Employee's Pension Board
          and the Police & Fireman's Retirement Board



SUMMARY OF REQUEST: To appoint G. Thomas Johnson to the City
Employee's Pension Board and the Police & Fireman's Retirement Ebard.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: To make the appointment.



COMMITIEE RECOMMENDATION: The Community Relations Committee
recommended the appointment at their March 6th meeting.
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Overall Vision
The overall vision of the Sacred Suds Garden is to create a positive community environment by
partnering with neighbors, churches, and other community organizations. The Sacred Suds
Garden is located in the McLaughlin neighborhood which is in downtown Muskegon, Michigan.
We are a neighborhood made up of 43% Caucasians, 45% African-Americans, and a new
population of 8% Hispanics. With many unemployed or working poor in the neighborhood, we
see nothing but resources in mobilizing our neighbors in creating something positive for them to
come around and take ownership for. The median household income in the McLaughlin
neighborhood is $20,251, which starkly contrasts to $27,929 in the City of Muskegon, and
$38,008 in Muskegon County. According to the last Census, there are 677 rental units in our
neighborhood alone, totally over 50% of total housing in the McLaughlin neighborhood. The
total number of children under the age of 18 in the McLaughlin neighborhood is I 0,340, which
equals nearly 36% of the total population here. As you can see, we are in need of programs such
as the Community Garden Project because there is a high calling to this neighborhood in terms of
bridging the gaps of poverty, age, and race.

In my community walks and dialogues with neighbors I have found more interest in the garden
and that expresses to me a need to expand the garden so that we can have more neighborhood
participation. I then was able to make up a committee of people from around our neighborhood
and churches to come together and "flesh out" more of what this garden will look like for this
spring and summer.

Goals
 The committee and I have come up with many ideas that we would like see happen for this
summer. These events would take place on the garden propetiy.
  •      Ice Cream Social
         Talent Show
         Music Festival
         Healthy-Eating Classes
  •      BBQ
  •      Reading Program for Youth
  •      Poetry Slam & Art Show
 With many talents and gifts already present in our McLaughlin neighborhood, it is our goal that
we make sure everyone is able and capable of bringing their gifts to the garden and utilizing those
gifts for community building. We will also be open for new ideas that could surface throughout
this time and during the summer.

Objectives
Our purpose in promoting a garden with many other goals in mind is to create a sense of
community that is accessible to all with diverse interests and talents. We can teach cooperation
between neighbors, churches, and other community organizations by working together in hopes
of bringing people together. Also, we as a community can create social awareness by having the
neighbors learn about healthy eating or having our young people express themselves in the gift of
song, dance, art, and poetry. This garden will not be a garden that our grandmothers had but a
garden centered around various community activities and opportunities. The Sacred Suds Garden
will be a community "HOT SPOT" in which there can be positive interactions between people
both young and old, rich and poor, and of all ethnic groups. At the end of the 2006 summer we
has a committee and a community want to see more excitement for neighborhood activities,
beautification programs, healthy-living classes, and youth development.

Garden Plans
We have a great way to welcome anyone or any group into the community garden. Last year and
also this year we will be making up "starter kits" with seeds or seedlings already packaged up
into individual kits so that people do have something to start with if they do not know what they
want to plant. Such plants will include:

  • Various types of Tomatoes
  • Eggplant
  • Peppers
  • Cabbage
  • Onion
  • Acorn and Summer Squashes
  • Green and Wax Beans
  • Pumpkin
  • Watetmelon
  • Raspberry and Blueberry Bushes
  • Herbs: Rosemary, Basil, Thyme
  • Flowers: Inpatients, Marigolds, Mums, etc.

The conm1ittee wants to promote this garden as a place for anyone to come and to help work and
garden this plot ofland. This could be any one member from the community or maybe a
community organization. Either way, participants of the garden will be asked to donate part of
their harvest to go towards a end of the year Harvest Festival for everyone in the neighborhood.
Anything else that each participant chooses to grow is there's to do with what they please.

Community Involvement
So far community involvement has been going well with the committee hosting mini-meetings to
gage neighbors interest as well as hosting meetings with other churches or neighborhood
organizations. We have another Sacred Suds Garden meeting scheduled for Aprilll, 2006@
5:00pm.
I am expecting about 10-15 people that will be directly involved in planning processes and
overseeing of the garden. These people will be responsible for things such as:

  • Watering the garden
  • Weeding Parties
  • Making sure youth attend fun days
  • Facilitating programs

I am expecting anywhere between 30-40 people that will be indirectly involved. These would be
people who would be involved with the garden but as attendees or participants. They could be
kids, teens, and adults from the McLaughlin Neighborhood.

This is a great way for our neighborhood to grow and to gain some empowerment. We have
many people and organizations coming together to work and participate on this garden and with
each group comes ways to incorporate some of what they do into the garden. Such groups will
include:

  • Bethany Christian Reformed Church
  • The Vineyard Church
  • Agape Church of God in Christ
  • Full Life Deliverance
  • New Life Congregational
  • McLaughlin Neighborhood Association
  • Neighbors
  • Jesus Children Program
  • AmeriCorps Members

There will be many opportunities for service learning because of the various organizations
participating. We plan on having youth service days in which youth will volunteer and help with
the garden and this will engage the youth from places like McLaughlin Elementmy, JCP,
neighbors, and Muskegon Highschool. By having a community garden we hope that the skills of
taking care of a piece of land and beautifying the neighborhood will rub off on people and then
they can take these skills and incorporate that into their own homes.

We want to have as many youth programs as possible this year and that can be anything from
"Reading in the Garden" to Talent shows. Some of my fellow AmeriCorps members plan to take
their youth to the garden to teach them about growing, cultivating, and selling product. Along the
same lines, a group of Latino women intend on growing vegetables that could be used in salsa.
They want to then sell that salsa to local businesses in the community to generate some income.
Date:         April 11, 2006
To:            Honorable Mayor and City Commissioners
From:         Engineering
RE:           Grant Application for Transportation Economic Development Fund
              Category F


SUMMARY OF REQUEST:
Authorize staff, by adopting the attached resolution, to submit a Transportation Economic
Development Fund Category- F Grant application requesting funds for the reconstruction
of Park Street between Hackley & Young. This project, if approved, will be submitted as a
joint application between the City and Muskegon Heights since the street is equally owned
by both communities. Local share, which is estimated at $48,000, for the project will be
equally divided between the two cities with each picking up $24,000 plus one half of the
engineering cost.


FINANCIAL IMPACT:
The estimated construction share of $24,000 plus one half of the engineering cost.


BUDGET ACTION REQUIRED:
None at this time. However, should you authorize the submittal; the project will appear on
the upcoming CIP for 2007.

STAFF RECOMMENDATION:
Authorize staff to submit the grant application.



COMMITTEE RECOMMENDATION:
                                  Resolution No.
                                  2006-34(e)
                            MUSKEGON CITY COMMISSION

     RESOLUTION APPROVING APPLICATION TO THE STATE OF MICHIGAN
      TRANSPORTATION AND ECONOMIC DEVELOPMENT CORPORATION


WHEREAS, the Michigan Department of Transportation has made available grant
funding for the roadway project deemed necessary to advance economic
development projects; and

WHEREAS, the City of Muskegon desires to continue the improvements of it major
street system; and

WHEREAS, preliminary cost estimates associated with each project have been
identified,

NOW, THEREFORE, BE IT RESOLVED, that Staff is authorized to submit application
to the Michigan Department of Transportation- Transportation and Economic
Development Corporation in various amounts to be matched with local resources.

Resolved this 11th day of April, 2006

      Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierenga, and Carter




      Nays: None


      Abstentions:   None
                                    CERTIFICATION
                                      2006-34(e)

This resolution was adopted at a regular meeting of the City Commission, held on April 11,
2006. The meeting was properly held and noticed pursuant to the Open Meetings Act of the
State of Michigan, Act 267 of the Public Acts of 1976.

                                         CITY OF MUSKEGON



                                         By:      La , L~
                                                        0
                                                Gail A. Kundinger, MMC
                                                City Clerk
                                                                            RECEIVED
                                                                       CITY OF MUSKEGON

                                                                           MAR 31 2006
                       MUSKEGON HEIGHTS CITY COUNCIL                 ENGINEERING DEPARTMENT



RESOLUTION APPROVING ENGINEERING SERVICES FROM THE CITY OF
MUSKEGON FOR THE RECONSTRUCTION OF PARK STREET FROM
HACKLEY TO YOUNG A VENUE.

WHEREAS, the City of Muskegon Heights desires to continue the improvement of its
major street system; and

WHEREAS, the Michigan Department of Transportation has made available grant
funding in the fonn of Category F funds for 2007 mad improvements that provide system
continuity and maintain all season systems to enhance economic development; and

WHEREAS, Park St. from Hackley to Young Ave. is eligible for Category F funds; and

WHEREAS, the City of Muskegon Heights staff has applied to the Michigan Department
Of Transportation for Category F funding for Park St. from Hackley to Young Ave.; and

WHEREAS, Park Street from Hackley to Young Avenue is under the joint jurisdiction of
the City of Muskegon Heights and the City of Muskegon on a 50"/o basis: and

WHEREAS, the reconstruction cost to improve Park Street is estimated at $240,000 and
the local share is estimated to be 20% of the total cost or $48,000: and

WHEREAS, the $48,000 local share of the Park St. project will be shared equally by the
City of Muskegon Heights and the City of Muskegon at $24,000 each; and

WHEREAS, the engineering for design and construction of the Park St. project is
estimated to be 15% of the reconstruction cost or $36,000; and

WHEREAS, the engineering cost of$36,000 will be shared equally by the City of
Muskegon Heights and the City of Muskegon at $18,000 each; and

WHEREAS, the City of Muskegon's Engineering Department has the staff to perfonn
and is willing to do the engineering for the Park Street project

NOW, THEREFORE BE IT RESOLVED that the City of Muskegon Heights authorizes
the City of Muskegon's Engineering Department to prepare the necessary plans and
specifications for the Park Street reconstruction project from Hackley to Young Ave upon
award of the Category F grant from the Michigan Department of Transportation.



          City Clerk

ldt:~~    ~ f, 't-Ill,Jf~,~
Mayor Rillastine Wilkins
Date:         April 11, 2006
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           City- Michigan Department of Transportation
              Agreement for:
              Non-Motorized Pathway, Bike Path Phase I
              (McCracken Street to Shoreline Drive)




SUMMARY OF REQUEST:
To approve the attached contract With Michigan Department of Transportation for the
construction of a Non-Motorized Pathway (bike path phase I) from McCracken Street
to Shoreline Drive and to approve the attached resolution authorizing the Mayor and
City Clerk to sign the contract.



FINANCIAL IMPACT:
Michigan Department of Transportation's participation of federal money is caped at
$799,370 but not to exceed 50% of eligible cost. The estimated total construction
cost (with engineering) of the project, including the state's department of natural
resources (MDNR) grant, is $1,800,000.



BUDGET ACTION REQUIRED:
None at this time.



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



COMMITTEE RECOMMENDATION:
                                   RESOLUTION 2006-34(f)


RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BE1WEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE
CONSTRUCTION OF A NON-MOTORIZED PATHWAY (BIKE TRIAL PAHSE I) FROM McCRACKEN
STREET TO SHORELINE DRIVE ALONG WITH CONTRACTOR STAKING TOGETHER WITH
OTHER NECESSARY RELATED WORK ITEMS AND AUTHORizATION FOR MAYOR STEPHEN J.
WARMINGTON AND CITY CLERK GAIL A KUNDINGER TO EXECUTE SAID CONTRACT

Movedby        Commissioner Davis                      and supported by

Commissioner__c_a_rt_e"""r;..___ _ _ _ _ _that the following Resolution be adopted:

WHEREAS, entry by the City of Muskegon into Contract no. 06-501 0 between the Michigan
Department of Transportation and the City of Muskegon for the construction of A NON-MOTORIZED
PATHWAY (PHASE I) within the City is in the best interests of the City of Muskegon.

RESOLVED, that entry by the City into Contract Agreement Number 06-5010 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    11th      day of   April      12006,




                                      CERTIFICATION

This resolution was adopted at a meeting of the City Commission, held on
 April 11 , 2006. 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.
                                                        STATE OF MICHIGAN
                                                                                                          KIRK T. STEUDLE
JENNIFER M. GRANHOLM                     DEPARTMENT OF TRANSPORTATION                                        DIRECTOR
         GOVERNOR
                                                              LANSING




                                                     April 26, 2006




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

             Dear Ms. Kundinger:

             RE:    MDOT Contract Number:            06-5010
                    Control Section:                 STE61153
                    Job Number:                      83645

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

                                                              Sincerely,



                                                              -~-t~
                                                              Vanessa Skym
                                                              Contract Processing
                                                              Design Supp01i Area

             Enclosure

             cc:    B. Kadzuan
                    Grand Region
                    Project Accounting, Financial Operations Division




                               MURRAY D. VAN WAGONER BUILDING • P.O. BOX 30050 ·LANSING, MICHIGAN 48909
                                                  www.michigan.gov • (517) 373-2090
LH-LAN-0 (01/03)
STP                                                              DIR
                                                   Control Section       STE 61153
                                                   Job Number            83645
                                                   Project               STP 0661 (005)
                                                   Federal Item No.      LL 0312
                                                   CFDANo.               20.205 (Highway
                                                                         Research Planning &
                                                                         Construction)
                                                   Contract No.          06-5010


                                           PARTI


        TI-IIS CONTRACT, consisting of PART I ~ PfRT II (Standard Agreement
Provisions), is made and entered into this date of           R 6 2006          , by and between
the MICHIGAN 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 "I",
dated March 9, 2006, attached hereto and made a part hereof:

       PART A-FEDERAL PARTICIPATION
       Non-motorized pathway work along Lakeshore Drive from McCracken Street to
       Shoreline Drive; and all together with necessary related work.

       PART B -NO FEDERAL PARTICIPATION
       Contractor staking work for the non-motorized pathway along Lakeshore Drive from
       McCracken Street to Shoreline Drive; and all together with necessary work.


       WITNESSETH:

       WHEREAS, pursuant to Federal law, monies have been provided for the performance of
transportation enhancement activities; and

        WHEREAS, it has been determined that the PROJECT qualifies for such funding by
virtue of its direct relationship with the intermodal transportation system; and

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




09/06/90 STP.FOR 3/9/06                       1
        WHEREAS, the PROJECT, or portions of the PROJECT, at the request of the
REQUESTING PARTY, are being progranuned with the FHWA, for implementation with the
use of Federal Funds under the following Federal program(s) or funding:

                    TRANSPORTATION ENHANCEMENT ACTIVITIES
                       SURFACE TRANSPORTATION PROGRAM

        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 ofthe 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, construction materials testing, 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, under the terms of this contract, shall:

              A.     At no cost to the PROJECT or to the DEPARTMENT

                     (1)    Design or cause to be designed the plans for the PROJECT.




09106/90 STP.FOR 319/06                       2
                      (2)    Appoint a project engineer who shall be in responsible charge of
                             the PROJECT and ensure that the plans and specifications are
                             followed.

                      (3)    Perform or cause to be performed the construction engineering,
                             construction materials testing, and inspection services necessary
                             for the completion of the PROJECT.

              B.      Within 10 days of any ceremony to be held m connection with the
                      PROJECT, notify the DEPARTMENT.

              C.      When issuing any news release or promotional material regarding the
                      PROJECT, give the DEPARTMENT and FHWA credit for participation
                      in the PROJECT.

              D.      Within 60 days of completion of the PROJECT, prepare and submit a
                      project report in accordance with current DEPARTMENT requirements.
                      Said report & notification shall be submitted to:

                      Jacqueline G. Shinn, Transportation Enhancement Administrator
                      Office of Economic Development and Enhancement
                      425 West Ottawa, P.O. Box 30050
                      Lansing, Michigan 48909
                      Phone: (517) 335-1069

        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 Funds shall be applied to the eligible items of the PART A portion of the
              PROJECT COST at the established Federal participation ratio equal to 50 percent
              up to an amount not to exceed $799,370. 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.


09/06/90 STP.FOR 3/9/06                       3
       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 of this contract, the
provisions of PART I shall prevail.

        7.    It is understood that the REQUESTING PARTY is responsible for the facilities
constructed as the PROJECT and that said facilities may require special or unusual operation
and/or maintenance. The REQUESTING PARTY certifies, by execution of this contract, that
upon completion of construction and at no cost to the PROJECT or the DEPARTMENT, it will
properly maintain or provide for the maintenance and operation of the PROJECT, making ample
provisions each year for the performance of such maintenance work as may be required.

        On projects for the construction of bikeways, the REQUESTING PARTY will enact no
ordinances or regulations prohibiting the use of bicycles on the facility hereinbefore described as
the PROJECT and will amend any existing restrictive ordinances in this regard so as to allow use
of this facility by bicycles. No motorized vehicles shall be permitted on such bikeways or
walkways constructed as the PROJECT except those for maintenance purposes.

        On projects involving the restoration of historic facilities, the REQUESTING PARTY
agrees that the project will not be awarded until the owner of such facilities has an Historic
Preservation Covenant, which includes an Historic Preservation Easement, or an Historic
Preservation Agreement, as appropriate, with the Michigan State Historic Preservation Office in
accordance with 1995 PA 60 for the purpose of insuring that the historic property will be
preserved. The REQUESTING PARTY also agrees that such facilities shall be maintained and
repaired by the REQUESTING PARTY or owner, as applicable, at no cost to the
DEPARTMENT or the PROJECT, in such a manner as to preserve the historical integrity of
features, materials, appearance, workmanship, and environment.

        On projects which include landscaping, the REQUESTING PARTY agrees to perform or
cause to be performed, at no cost to the DEPARTMENT, the watering and cultivating necessary
to properly establish the plantings for a period of two growing seasons, in general conformance
with Section 815.03(L) of the DEPARTMENT'S Standard Specifications for Construction. The


09/06/90 STP.FOR 3/9/06                         4
REQUESTING PARTY shall maintain all plantings following completion of said period of
establishment.

       Failure of the REQUESTING PARTY to fulfill its responsibilities as outlined herein may
disqualify the REQUESTING PARTY from future Federal-aid participation in Transportation
Enhancement projects or in other projects on roads or streets for which it has maintenance
responsibility. Federal Aid may be withheld until such time as deficiencies in regulations have
been corrected, and the improvements constructed as the PROJECT are brought to a satisfactory
condition of maintenance.

        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.

        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, previously unknown 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 of Environmental 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


09/06/90 STP.FOR 3/9/06                         5
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.

        I I.    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 of recovery, 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. If recovery 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 shaii credit
such sums to the appropriate funding source.

      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 ail 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 shaH 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 of recommendations 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(1 02).

     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 of MCL 691.1402; MSA 3.996(102) rests with the REQUESTING
PARTY and other local agencies having respective jurisdiction.




09/06190 STP.FOR 3/9/06                       6
        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.

       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 county, county road commission,
                      or municipality in whose jurisdiction the PROJECT is located, and their
                      employees, for the duration of the PROJECT and to provide, upon request,
                      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 owner's
                      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, upon request, copies of notices and reports prepared to
                      those insured.




09/06/90 STP.FOR 3/9/06                         7
        18.        This contract shall become binding on the patiies 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                                     MICHIGAN DEPARTMENT
                                                     OF TRANSPORTATION




09/06190 STP.FOR 3/9/06                          8
                                                                            March 9, 2006


                                       EXHIBIT I

                           CONTROL SECTION          STE61153
                           JOB NUMBER               83645
                           PROJECE                  STP 0661 (005)



                                   ESTIMATED COST

CONTRACTED WORK
                                                PARTA         PARTB         TOTAL
       Estimated Cost                           $1,782,300    $6,200        $1,788,500


                                 COST PARTICIPATION


GRAND TOTAL ESTIMATED COST                      $1,782,300    $6,200        $1,788,500
Less Federal Funds*                             $ 799,370     $-=!l:_       $ 799 370
BALANCE (REQUESTING PARTY'S SHARE)              $ 982,930     $6,200        $ 989,130



*Federal Funds shall be applied to the eligible items of the PART A portion of the PROJECT
COST at a participation ratio equal to 50 percent up to an amount not to exceed $799,3 70.

NO DEPOSIT




09/06/90 STP.FOR 3/9/06                     9
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
                                                                                     •
                                                                                     '



                                          SECTION I

                  COMPLIANCE WITH REGULATIONS AND DIRECTIVES

A.    To qualify for eligible cost, all work shall be documented 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 follov.ing
      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.

      I.     Engineering

             a.      FAPG (60I2.1): Preliminary Engineering

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

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

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


      2.     Construction

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

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

             c.      F APG (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.      F APG (23 CFR 645A): Utility Relocations, Adjustments and Reimbursement

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



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

              1.      FAPG (49 CFR 18.22): Uniform Administrative 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.      F APG (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
       $100,000.00 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 FHWA 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 of the 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 forthe 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-
      lNG 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 maximum reimbursable and
      the basis of payment; provide for the maintenance of accounting records in accordance with
      generally accepted accounting principles, which clearly document the actual cost of the
      services provided; provide that costs eligible for reimbursement shall be in accordance with
      clearly defined cost criteria such as 49 CFRPart 18,48 CFR Part 31, 23 CFR Part 140, OMB
      Circular A-87, etc. as applicable; provide for access to the department or its representatives
      to inspect and audit all data and records related to the agreement for a minimum of three
      years after the department's final payment to the local unit.

      All such agreements will be submitted for approval by the DEPARTMENT and, if
      applicable, by the FHWA prior to execution thereof, except for agreements for amounts less
      than $25,000 for preliminary engineering and testing services executed under and in accor-
      dance with the provisions of the "Small Purchase Procedures" FAPG (23 CFR 172), which
      do not require prior approval of the DEPARTMENT or the FHWA.

      Any such approval by the DEPARTMENT shall in no way be construed as a warranty of the
      subcontractor's qualifications, financial integrity, or ability to perform the work being
      subcontracted.

G.    The REQUESTING PARTY, at no cost to the PROJECT or the DEPARTMENT, shall make
      such arrangements with railway companies, utilities, etc., as may be necessary for the
      performance of work required for the PROJECT but for which Federal or other
      reimbursement will not be requested.

H.    The REQUESTING PARTY, at no cost to the PROJECT, or the DEPARTMENT, shall
      secure, as necessary, all agreements and approvals of the PROJECT with railway companies,
      the Railroad Safety & Tariffs Division of the DEPARTMENT and other concerned
      governmental agencies other than the FHWA, and will forward same to the DEPARTMENT
      for such reviews and approvals as may be required.

I.    No PROJECT work for which reimbursement will be requested by the REQUESTING
      PARTY is to be subcontracted or performed until the DEPARTMENT gives written
      notification that such work may commence.




03-15-93                                        5
                                                                                         .'

J.     The REQUESTING PARTY shall be responsible for the payment of all costs and expenses
       incurred in the performance of the work it agrees to undertake and perform.

K.    The REQUESTING PARTY shall pay directly to the party performing the work all billings
      for the services performed on the PROJECT which are authorized by or through the
      REQUESTING PARTY.

L.     The REQUESTING PARTY shall submit to the DEPARTMENT all paid billings for which
       reimbursement is desired in accordance with DEPARTMENT procedures.

M.    All work by a consulting firm will be performed in compliance with the applicable
      provisions of 1980 PA 299, Subsection 2001, MCL 339.2001; MSA 18.425(2001), as well
      as in accordance with the provisions of all previously cited Directives of the FHWA.

N.    The project engineer shall be subject to such administrative guidance as may be deemed
      necessary to ensure compliance with program requirement and, in those instances where a
      consultant firm is retained to provide engineering and inspection services, the personnel
      performing those services shall be subject to the same conditions.

0.    The DEPARTMENT, in administering the PROJECT in accordance with applicable Federal
      and State requirements and regulations, neither assumes nor becomes liable for any obliga-
      tions undertaken or arising between the REQUESTING PARTY and any other party Vvith
      respect to the PROJECT.

P.    In the event it is determined by the DEPARTMENT that there will be either insufficient
      Federal funds or insufficient time to properly administer such funds for the entire PROJECT
      or portions thereof, the DEPARTMENT, prior to advertising or issuing authorization for
      work performance, may cancel the PROJECT, or any portion thereof, and upon written
      notice to the parties this contract shall be void and of no effect with respect to that cancelled
      portion of the PROJECT. Any PROJECT deposits previously made by the parties on the
      cancelled portions of the PROJECT will be promptly refunded.

Q.    Those projects funded with Federal monies will be subject to inspection at all times by the
      DEPARTMENT and the FHWA.




03-15-93                                         6
                                        SECTION III

                              ACCOUNTING AND BILLING


A.    Procedures for billing for work undertaken by the REQUESTING PARTY:

       I.   The REQUESTING PARTY shall establish and maintain accurate records. in
            accordance with generally accepted accounting principles, of all expenses incurred
            for which payment is sought or made under this contract, said records to be
            hereinafter referred to as the "RECORDS". Separate accounts shall be established
            and maintained for all costs incurred under this contract.

            The REQUESTING PARTY shall maintain the RECORDS for at least three (3) years
            from the date of final payment of Federal Aid made by the DEPARTMENT under
            this contract. In the event of a dispute with regard to the allowable expenses or any
            other issue under this contract, the REQUESTING PARTY shall thereafter continue
            to maintain the RECORDS at least until that dispute has been finally decided and the
            time for all available challenges or appeals of that decision has expired.

            The DEPARTMENT, or its representative, may inspect, copy, or audit the
            RECORDS at any reasonable time after giving reasonable notice.

            If any part of the work is subcontracted, the REQUESTING PARTY shall assure
            compliance with the above for all subcontracted work.

            In the event that an audit performed by or on behalf of the DEPARTMENT indicates
            an adjustment to the costs reported under this contract, or questions the allowability
            of an item of expense, the DEPARTMENT shall promptly submit to the
            REQUESTING PARTY, a Notice of Audit Results and a copy of the audit report
            which may supplement or modify any tentative findings verbally communicated to
            the REQUESTING PARTY at the completion of an audit.

            Within sixty (60) days after the date of the Notice of Audit Results, the
            REQUESTING PARTY shall: (a) respond in writing to the responsible Bureau or the
            DEPARTMENT indicating whether or not it concurs with the audit report, (b) clearly
            explain the nature and basis for any disagreement as to a disallowed item of expense
            and, (c) submit to the DEPARTMENT a written explanation as to any questioned or
            no opinion expressed item of expense, hereinafter referred to as the "RESPONSE".
            The RESPONSE shall be clearly stated and provide any supporting documentation
            necessary to resolve any disagreement or questioned or no opinion expressed item of
            expense. Where the documentation is voluminous, the REQUESTING PARTY may
            supply appropriate excerpts and make alternate arrangements to conveniently and


03-15-93                                      7
           reasonably make that documentation available for review by the DEPARTME\JT.
           The RESPONSE shall refer to and apply the language of the contract. The
           REQUESTING PARTY agrees that failure to submit a RESPONSE within the sixty
           (60) day period constitutes agreement with any disallowance of an item of expense
           and authorizes the DEPARTMENT to finally disallow any items of questioned or no
           opinion expressed cost.

           The DEPARTMENT shall make its decision with regard to any Notice of Audit
           Results and RESPONSE within one hundred twenty (120) days after the date of the
           Notice of Audit Results. If the DEPARTMENT determines that an overpayment has
           been made to the REQUESTING PARTY, the REQUESTING PARTY shall repay
           that amount to the DEPARTMENT or reach agreement with the DEPARTMENT on
           a repayment schedule within thirty (30) days after the date of an invoice from the
           DEPARTMENT. If the REQUESTING PARTY fails to repay the overpayment or
           reach agreement with the DEPARTMENT on a repayment schedule within the thirty
           (30) day period, the REQUESTING PARTY agrees that the DEPARTMENT shall
           deduct all or a portion of the overpayment from any funds then or thereafter payable
           by the DEPARTMENT to the REQUESTING PARTY under this contract or any
           other agreement, or payable to the REQUESTING PARTY under the terms of 1951
           P A 51, as applicable. Interest will be assessed on any partial payments or repayment
           schedules based on the unpaid balance at the end of each month until the balance is
           paid in full. The assessment of interest will begin thirty (30) days from the date of
           the invoice. The rate of interest will be based on the Michigan Department of
           Treasury common cash funds interest earnings. The rate of interest will be reviewed
           annually by the DEPARTMENT and adjusted as necessary based on the Michigan
           Department ofTreasury common cash funds interest earnings. The REQUESTING
           PARTY expressly consents to this withholding or offsetting of funds under those
           circumstances, reserving the right to file a lawsuit in the Court of Claims to contest
           the DEPARTMENT'S decision only as to any item of expense the disallowance of
           which was disputed by the REQUESTING PARTY in a timely filed RESPONSE.

           The REQUESTING PARTY shall comply with the Single Audit Act of 1984, P.L.
           98-502.

           The REQUESTING PARTY shall adhere to the following requirements associated
           with audits of accounts and records:

           a. Agencies expending a total of $300,000 or more in federal funds, from one or
           more funding sources in its fiscal year, shall comply with the requirements of the
           federal Office of Management and Budget (OMB) Circular A-133, as revised or
           amended.




03-15-93                                     8
                                                                                   ••



           The agency shall submit two copies of:

                  The Reporting Package
                  The Data Collection Fonn
                  The management letter to the agency, if one issued by the audit finn

           The OMB Circular A-133 audit must be submitted to the address below in
           accordance with the time frame established in the circular, as revised or amended.

           b. Agencies expending less than $300,000 in federal funds must submit a letter to
           the Department advising that a circular audit was not required. The letter shall
           indicate the applicable fiscal year, the amount of federal funds spent, the name(s) of
           the Department federal programs, and the CFDA grant number(s). This information
           must also be submitted to the address below.

           c. Address:    Michigan Department of Transportation
                          Bureau of Highways Technical Services
                          425 W. Ottawa, P.O. Box 30050
                          Lansing, MI 48909

           d. Agencies must also comply with applicable State laws and regulations relative to
           audit requirements.

           e. Agencies shall not charge audit costs to Department's federal programs which are
           not in accordance with the OMB Circular A-133 requirements.

           f. All agencies are subject to the federally required monitoring activities, which may
           include limited scope reviews and other on-site monitoring.

      2.   Agreed Unit Prices Work- All billings for work undertaken by the REQUESTING
           PARTY on an agreed unit price basis will be submitted in accordance with the
           Michigan Department ofTransportation Standard Specifications for Construction and
           pertinent FAPG Directives and Guidelines of the FHWA.

           Force Account Work and Subcontracted Work - All billings submitted to the
           DEPARTMENT for Federal reimbursement for items of work performed on a force
           account basis or by any subcontract with a consulting finn, railway company,
           governmental agency or other party, under the terms of this contract, shall be
           prepared in accordance with the provisions of the pertinent FHPM Directives and the
           procedures of the DEPARTMENT. Progress billings may be submitted monthly
           during the time work is being performed provided, however, that no bill of a lesser
           amount than $1,000.00 shall be submitted unless it is a final or end of fiscal year
           billing. All billings shall be labeled either "Progress Bill Number            ", or
           "Final Billing".

03-15-93                                     9
       4.   Final billing under this contract shall be submitted in a timely manner but not later
            than six months after completion of the work. Billings for work submitted later than
            six months after completion of the work will not be paid.

       5.   Upon receipt of billings for reimbursement for work undertaken by the
            REQUESTING PARTY on projects funded with Federal monies. the
            DEPARTMENT will act as billing agent for the REQUESTING PARTY,
            consolidating said billings with those for its own force account work and presenting
            these consolidated billings to the FHWA for payment. Upon receipt of
            reimbursement from the FHW A, the DEPARTMENT will promptly forward to the
            REQUESTING PARTY its share of said reimbursement.

      6.    Upon receipt of billings for reimbursement for work undertaken by the
            REQUESTING PARTY on projects funded with non-Federal monies. the
            DEPARTMENT will promptly forward to the REQUESTING PARTY
            reimbursement of eligible costs.

B.    Payment of Contracted and DEPARTMENT Costs:

       l.   As work on the PROJECT commences, the initial payments for contracted work
            and/or costs incurred by the DEPARTMENT will be made from the working capital
            deposit. Receipt of progress payments of Federal funds, and where applicable, State
            Critical Bridge funds, will be used to replenish the working capital deposit. The
            REQUESTING PARTY shall make prompt payments of its share of the contracted
            and/or DEPARTMENT incurred portion of the PROJECT COST upon receipt of
            progress billings from the DEPARTMENT. Progress billings will be based upon the
            REQUESTING PARTY'S share of the actual costs incurred as work on the
            PROJECT progresses and will be submitted, as required, until it is determined by
            the DEPARTMENT that there is sufficient available working capital to meet the
            remaining anticipated PROJECT COSTS. All progress payments will be made
            within thirty (30) days of receipt of billings. No monthly billing of a lesser amount
            than $1,000.00 will be made unless it is a final or end of fiscal year billing. Should
            the DEPARTMENT determine that the available working capital exceeds the
            remaining anticipated PROJECT COSTS, the DEPARTMENT may reimburse the
            REQUESTING PARTY such excess. Upon completion of the PROJECT, payment
            of all PROJECT COSTS, receipt of all applicable monies from the FHWA, and
            completion of necessary audits, the REQUESTING PARTY will be reimbursed the
            balance of its deposit.




03-15-93                                     10
       2.    In the event that the bid, plus contingencies, for the 'contracted. and/or the
             DEPARTMENT incurred portion of the PROJECT work exceeds the estimated cost
             therefor as established by this contract, the REQUESTING PARTY may be advised
             and billed for the additional amount of its share.

C.    General Conditions:

       I.    The DEPARTMENT, in accordance with its procedures in existence and covering
             the time period involved, shall make payment for interest earned on the balance of
             working capital deposits for all projects on account with the DEPARTMENT. The
             REQUESTING PARTY in accordance with D EP ARTMENT procedures in existence
             and covering the time period involved, shall make payment for interest owed on any
             deficit balance of working capital deposits for all projects on account with the
             DEPARTMENT. This payment or billing is processed on an annual basis
             corresponding to the State of Michigan fiscal year. Upon receipt of billing for
             interest incurred, the REQUESTING PARTY promises and shall promptly pay the
             DEPARTMENT said amount.

      2.    Pursuant to the authority granted by law, the REQUESTING PARTY hereby
            irrevocably pledges a sufficient amount of funds received by it from the Michigan
            Transportation Fund to meet its obligations as specified in PART I and PART II. If
            the REQUESTING PARTY shall fail to make any of its required payments when
            due, as specified herein, the DEPARTMENT shall immediately notify the
            REQUESTING PARTY and the State Treasurer of the State of Michigan or such
            other state officer or agency having charge and control over disbursement of the
            Michigan Transportation Fund, pursuant to law, of the fact of such default and the
            amount thereof, and, if such default is not cured by payment within ten (I 0) days,
            said State Treasurer or other state officer or agency is then authorized and directed
            to withhold from the first of such monies thereafter allocated by law to the
            REQUESTING PARTY from the Michigan Transportation Fund sufficient monies
            to remove the default, and to credit the REQUESTING PARTY with payment
            thereof, and to notify the REQUESTING PARTY in writing of such fact.

      3.    Upon completion of all work under this contract and final audit by the
            DEPARTMENT or the FHWA, the REQUESTING PARTY promises to promptly
            repay the DEPARTMENT for any disallowed items of costs previously disbursed by
            the DEPARTMENT. The REQUESTING PARTY pledges its future receipts from
            the Michigan Transportation Fund for repayment of all disallowed items and, upon
            failure to make repayment for any disallowed items within ninety (90) days of
            demand made by the DEPARTMENT, the DEPARTMENT is hereby authorized to
            withhold an equal amount from the REQUESTING PARTY'S share of any future
            distribution of Michigan Transportation Funds in settlement of said claim.



03-15-93                                     II
      4.    The DEPARTMENT shall maintain and keep accurate records and accounts relative
            to the cost of the PROJECT and upon completion of the PROJECT, payment of all
            items of PROJECT COST, receipt of all Federal Aid, if any, and completion of final
            audit by the DEPARTMENT and if applicable, by the FHW A, shall make final
            accounting to the REQUESTING PARTY. The final PROJECT accounting will not
            include interest earned or charged on working capital deposited for the PROJECT
            which will be accounted for separately at the close of the State of Michigan fiscal
            year and as set forth in Section C(l).

       5.   The costs of engineering and other services performed on those projects involving
            specific program funds and one hundred percent (100%) local funds will be appor-
            tioned to the respective portions of that project in the same ratio as the actual direct
            construction costs unless otherwise specified in PART I.




03-15-93                                      12
                                         SECTION IV

                             MAINTENANCE AND OPERATION


A.    Upon completion of construction of each part of the PROJECT, at no cost to the
      DEPARTMENT or the PROJECT, each of the parties hereto, within their respective
      jurisdictions, will make the following provisions for the maintenance and operation of the
      completed PROJECT:

       1.    All Projects:

             Properly maintain and operate each part of the project, making ample provisions each
             year for the performance of such maintenance work as may be required, except as
             qualified in paragraph 2b of this section.

      2.     Projects Financed in Part with Federal Monies:

             a.      Sign and mark each part of the PROJECT, in accordance with the current
                     Michigan Manual of Uniform Traffic control Devices, and will not install, or
                     permit to be installed, any signs, signals or markings not in conformance with
                     the standards approved by the FHWA, pursuant to 23 USC 109( d).

             b.      Remove, prior to completion of the PROJECT, all encroachments from the
                     roadway right-of-way within the limits of each part of the PROJECT.

                     With respect to new or existing utility installations within the right-of-way
                     of Federal Aid projects and pursuant to FAPG (23 CFR 645B): Occupancy
                     of non-limited access right-of-way may be allowed based on consideration for
                     traffic safety and necessary preservation of roadside space and aesthetic
                     quality. Longitudinal occupancy of non-limited access right-of-way by
                     private lines will require a finding of significant economic hardship, the
                     unavailability of practicable alternatives or other extenuating circumstances.

             c.      Cause to be enacted, maintained and enforced, ordinances and regulations for
                     proper traffic operations in accordance with the plans of the PROJECT.

             d.      Make no changes to ordinances or regulations enacted, or traffic controls
                     installed in conjunction with the PROJECT work without prior review by the
                     DEPARTMENT and approval of the FHWA, if required.




03-15-93                                       13
                                                                                         .•
B.    On projects for the removal of roadside obstacles, the parties', upon completion of
      construction of each part of the PROJECT, at no cost to the PROJECT or the
      DEPARTMENT, will, within their respective jurisdictions, take such action as is necessary
      to assure that the roadway right-of-way, cleared as the PROJECT, will be maintained free
      of such obstacles.

C.    On projects for the construction of bikeways, the parties will enact no ordinances or
      regulations prohibiting the use of bicycles on the facility hereinbefore described as the
      PROJECT, and will amend any existing restrictive ordinances in this regard so as to allow
      use of this facility by bicycles. No motorized vehicles shall be permitted on such bikeways
      or walkways constructed as the PROJECT except those for maintenance purposes.

D.    Failure of the parties hereto to fulfill their respective responsibilities as outlined herein may
      disqualifY that party from future Federal-aid participation in projects on roads or streets for
      which it has maintenance responsibility. Federal Aid may be withheld until such time as
      deficiencies in regulations have been corrected, and the improvements constructed as the
      PROJECT are brought to a satisfactory condition of maintenance.




03-15-93                                         14
                                          SECTIONV

                    SPECIAL PROGRAM AND PROJECT CONDITIONS

A.     Those projects for which the REQUESTING PARTY has been reimbursed with Federal
       monies for the acquisition of right-of-way must be under construction by the close of the
       twentieth (20th) fiscal year following the fiscal year in which the FHW A and the
       DEPARTMENT projects agreement covering that work is executed, or the REQUESTING
       PARTY may be required to repay to the DEPARTMENT, for forwarding to the FHW A, all
       monies distributed as the FHW A'S contribution to that right-of-way.

B.     Those projects for which the REQUESTING PARTY has been reimbursed with Federal
       monies for the performance of preliminary engineering must be under construction by the
       close of the tenth (lOth) fiscal year following the fiscal year in which the FHWA and the
       DEPARTMENT projects agreement covering that work is executed, or the REQUESTING
       PARTY maybe required to repay to the DEPARTMENT, for forwarding to the FHWA, all
       monies distributed as the FHWA'S contribution to that preliminary engineering.

C.    On those projects funded with Federal monies, the REQUESTING PARTY, at no cost to the
      PROJECT or the DEPARTMENT, will provide such accident information as is available and
      such other information as may be required under the program in order to make the proper
      assessment of the safety benefits derived from the work performed as the PROJECT. The
      REQUESTING PARTY will cooperate with the DEPARTMENT in the development of
      reports and such analysis as may be required and will, when requested by the
      DEPARTMENT, forward to the DEPARTMENT, in such form as is necessary, the required
      information.

D.    In connection with the performance of PROJECT work under this contract the parties hereto
      (hereinafter in Appendix "A" referred to as the "contractor") agree to comply with the State
      of Michigan provisions for "Prohibition of Discrimination in State Contracts", as set forth
      in Appendix A, attached hereto and made a part hereof. The parties further covenant that
      they will comply with the Civil Rights Acts of 1964, being P.L. 88-352, 78 Stat. 241, as
      amended, being Title 42 U.S.C. Sections 1971, 1975a-1975d, and 2000a-2000h-6 and the
      Regulations of the United States Department of Transportation (49 C.F.R. Part 21) issued
      pursuant to said Act, including Appendix "B", attached hereto and made a part hereof, and
      will require similar covenants on the part of any contractor or subcontractor employed in the
      performance of this contract.

E.    The parties will carry out the applicable requirements of the DEPARTMENT'S
      Disadvantaged Business Enterprise (DBE) program and 49 CFR, Part 26, including, but not
      limited to, those requirements set forth in Appendix C.




03-15-93                                       15
                                                  APPENDIX A
                               PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS

In connection with the performance of work under this contract; the contractor agrees as follows:

I.      In accordance with Act No. 453, Public Acts ofl976, the contractor hereby agrees not to discriminate against an employee
        or applicant for employment with resp~ct to hire, tenure, terms, conditions, or privileges of employment, or as a matter
        directly or indirectly related to employment, because of race, color, religion, national origin, age~ sex, height, weight, or
        marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No. 478, Public Acts of
        1980 the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect to
        hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment,
        because of a disability that is unrelated to the individual's ability to perform the duties of a particular job or position.
        A breach of the above covenants shall be regarded as a material breach of this contract.

2.      The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in
        this contract is to be performed, shall contain a covenant the same as hereinabove set forth in Section 1 of this Appendix.

3.      The contractor will take affirmative action to insure that applicants for employment and employees are treated without
        regard to their race, color, religion, national origin, age, sex, height, weight, marital status or a disability that is unrelated
        to the individual's ability to perform the duties of a particular job or position. Such action shall include, but not be limited
        to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of
        pay or other forms of compensation; and selection for training, including apprenticeship.

4.      The contractor will, in all solicitations or advertisements for employees placed by or on behalf ofthe contractor, state that
        all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin,
        age, sex, height, weight, marital status or disability that is unrelated to the individual's ability to perform the duties of a
        particular job or position.

5.      The contractor or his collective bargaining representative will send to each labor union or representative of workers with
        which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union
        or workers' representative of the contractor's commitments under this appendix.

6.      The contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil
        Rights Commission which may be in effect prior to the taking of bids for any individual state project.

7.      The contractor will furnish and file compliance reports within such time and upon such forms as provided by the Michigan
        Civil Rights Commission, said forms may also elicit information as to the practices, policies, program, and employment
        statistics of each subcontractor as well as the contractor himself, and said contractor will permit access to his books,
        records, and accounts by the Michigan Civil Rights Commission and/or its agent, for purposes ofinvestigation to ascertain
        compliance with this contract and relevant with rules, regulations, and orders of the Michigan Civil Rights Commission.


8.      In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has not
        complied with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its order
        based upon such findings, certify said findings to the Administrative Board of the State ofMichigan, which Administrative
        Board may order the cancellation of the contract found to have been violated and/or declare the contractor ineligible for
        future contracts with the state and its political and civil subdivisions, departments, and officers, and including the
        governing boards of institutions of higher education, until the contractor complies with said order of the Civil Rights
        Commission. Notice of said declaration of future ineligibility may be given to any or all of the persons with whom the
        contractor is declared ineligible to contract as a contracting party in future contracts. In any case before the Civil Rights
        Commission in which cancellation of an existing contract is a possibility, the contracting agency shall be notified of such
        possible remedy and shall be given the option by the Civil Rights Commission to participate in such proceedings.

9.      The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (I) through (8) in
        every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights
        Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each
        subcontractor or seller.                                                                                   March, 1998
                                                                                                    .
                                                                                                    '



                                                                                                        (Rev. 03/92)

                                                  APPENDIX B

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:

I.      Compliance with Regulations: The contractor shall comply with the Regulations relative to
        nondiscrimination in Federally assisted programs of the Department of Transportation, Title -19, Code
        of Federal Regulations, Part 27, as they may be amended from time to time (hereinafter referred to as
        the Regulations), which are herein incorporated by reference and made a part of this contract.

2.      Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall
        not discriminate on the grounds of race, color, or natural origin in the selection and retention of
        subcontractors, including procurements of materials and leases of equipment. The contractor shall not
        participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
        Regulations, including employment practices when the contract covers a program set forth in Appendix
        B of the Regulations.

3.      Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations
        either by competitive bidding or negotiation made by the contractor for work to be performed under a
        subcontract, including procurements of materials or leases of equipment, each potential subcontractor
        or supplier shall be notified by the contractor of the contractor's obligations under this contract and the
        Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

4.      Information and Reports: The contractor shall provide all information and reports required by the
        Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
        other sources of information, and its facilities as may be determined by the Michigan Department of
        Transportation or the Federal Highway Administration to be pertinentto ascertain compliance with such
        Regulations or directives. Where any information required of a contractor is in the exclusive possession
        of another who fails or refuses to furnish this information, the contractor shall so certify to the Michigan
        Department of Transportation, or the Federal Highway Administration as appropriate, and shall set
        forth what efforts it has made to obtain the information.

5.      Sanctions for Noncompliance:          In the event of the contractor's noncompliance with the
        nondiscrimination provisions of this contract, the Mir.higan Department of Transportation shall impose
        such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,
        including, but not limited to:

        (a)      Withholding of payments to the contractor under the contract until the contractor complies,
                 and/or

        (b)      Cancellation, termination, or suspension of the contract, in whole o·r in ·part.

6.      Incorporation of Provisions: The contractor shall include the provisions of paragraphs 1 through 6 of
        every subcontract, including procurements of materials and leases of equipment, unless exempt by the
        Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect
        to any subcontract or procurement as the Michigan Department of Transportation or the Federal
        Highway Administration may direct as a means of enforcing such provisions including sanctions for non-
        compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with,
        litigation with a subcontractor or supplier as a result of such direction, the contractor may request the
        Michigan Department of Transportation to enter into such litigation to protect the interests of the State,
        and, in addition, the contractor may request the United States to enter into such litigation to protect the
        interests of the United States.
                                                                                   ••



                                     APPENDIXC

              TO BE INCLUDED IN ALL FINANCIAL ASSISTANCE
                  AGREEMENTS WITH LOCAL AGENCIES

               Assurance that Recipients and Contractors Must Make
                (Excerpts from US DOT Regulation 49 CFR 26.13)


A.   Each financial assistance agreement signed with a DOT operating administration (or
     a primary recipient) must include the following assurance:

           The recipient shall not discriminate on the basis of race, color,
           national origin, or sex in the award and performance of any US
           DOT -assisted contract or in the administration of its DBE
           program or the requirements of 49 CFR Part 26. The recipient
           shall take all necessary and reasonable steps under 49 CFR Part
           26 to ensure nondiscrimination in the award and administration
           of US DOT-assisted contracts. The recipient's DBE program, as
           required by 49 CFR Part 26 and as approved by US DOT, is
           incorporated by reference in this agreement. Implementation of
           this program is a legal obligation and failure to carry out its
           terms shall be treated as a violation of this agreement. Upon
           notification to the recipient ofits failure to carry out its approved
           program, the department may impose sanctions as provided for
           under Part 26 and may, in appropriate cases, refer the matter for
           enforcement under 18 U.S.C. 1001 and/or the Program Fraud
           Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

B.   Each contract MDOT signs with a contractor (and each subcontract the prime
     contractor signs with a subcontractor) must include the following assurance:

           The contractor, sub recipient or subcontractor shall not
           discriminate on the basis of race, color, national origin, or sex in
           the performance of this contract. The contractor shall carry out
           applicable requirements of 49 CFR Part 26 in the award and
           administration of US DOT -assisted contracts. Failure by the
           contractor to carry out these requirements is a material breach
           of this contract, which may result in the termination of this
           contract or such other remedy as the recipient deems
           appropriate.
Date:         April 11, 2006
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Consideration of Bids
              Denmark, Crozier to Lakeshore Drive. (H-1613)


SUMMARY OF REQUEST:
Award the paving, using the concrete alternate for the block between Harrison &
Lakeshore, and underground utility construction contract (H-1613) for the reconstruction of
Denmark between Crozier & Lakeshore Drive to Wadel Stabilization out of Hart since they
were the lowest, see attached alternate bid tabulation, responsible bidder with a bid price
of $454,897.70.


FINANCIAL IMPACT:
The construction cost $454,897.70 plus engineering cost which is estimated at an
additional15%.


BUDGET ACTION REQUIRED:
None.



STAFF RECOMMENDATION:
Award the contract to Wadel Stabilization



COMMITTEE RECOMMENDATION:
H-1613 DENMARK ST., CROZIER AVE. TO LAKESHORE DR.
                ASPHALT BID TABULATION


                                                  WADEL STABILIZATION   GRANT TOWER EXCAVATING   JACKSON-MERKEY       M!LBOCKER & SONS
                                                                                                 555 E WE:STERN AVE     1156 29TH ST.




                         "'""""kSt   B~TOb""t""                                                                                   4r.ll=1'l-41PM
                               AGENDA ITEM NO. _ _ __

                    CITY COMMISSION MEETING _ _ _ _ __


TO:           Honorable Mayor and City Commission

FROM:         Department of Public Works

DATE:         April 11, 2006

SUBJECT:      Aggregates, Highway Maintenance Materials and Concrete


SUMMARY OF REQUEST:

Award bid to supply HI and H21imestone chip blend to Verplank Trucking Company, PO Box 8,
Ferrysburg, MI 49409

Award bid to supply road slag to Verplank Trucking Company, PO Box 8,
Ferrysburg, MI 49409

Award bid to supply Sylvax patching material (CP-6 alternative) to Asphalt Paving, Inc., 1000 E.
Sherman Boulevard, Muskegon MI 49444-0190

Award bid to supply bituminous asphalt product to Asphalt Paving, Inc., 1000 E. Sherman
Boulevard, Muskegon MI 49444-0190

Award bid to supply Calcium Chloride 38% (road brine) and 32% (winter salting) to Liquid
Dustlayer, Inc., P.O. Box 188, Manistee, MI 49660

Award bid to supply screened top soil to Felco Contractors, 874 Pulaski Ave., Muskegon, MI
49441

Award bid to supply 7-sack mix concrete to Port City Redi-Mix Company, 1780 Sheridan Road
Muskegon, MI 49442; contingent upon product availability, timely deliveries, and prices as
quoted.

FINANCIAL IMPACT:

$146,500 based on 2005 quantities at 2006 quotes.

BUDGET ACTION REQUIRED:

None; monies appropriated in several budgets.

STAFF RECOMMENDATION:


COMMITTEE RECOMMENDATION:
To:            The City Commission Through The City Manager
From:          Robert H. Kuhn, Director of Public Works
Date:          March 29,2006
Subject:       2006 Aggregates, Highway Maintenance Materials, and Concrete


Requests for bids to provide road maintenance materials were solicited in The Chronicle and from
vendors on file. It is recommended that the vendor in bold print supply Public Works with product as
needed in 2006. Moneys have been appropriated for these purchases.

500 ton H1 & H2 Limestone Chip Blend ($14.25 in 2005; $656.94)
Verplank Trucking Co.    PO Box 8, Ferrysburg, MI 49409     $16.75 per ton, delivered


9,000 ton Road Slag 22-A Natural ($9.35 in 2005; $40,232.01)
Verplank Trucking Co.     PO Box 8, Ferrysburg, MI 49409     $9.65 per ton, delivered
Meekhofs Lakeside Dock 16861 120'h Ave., Nunica, MI 49448    $10.25 per ton, delivered
Verplank Trucking Co.     PO Box 8, Ferrysburg, MI 49409     $7.75 per ton, delivered, gravel

500 tons Sylvax Patching Materials- UPM-CP-7, or ASTM Specification C-136 #9 or Statite CP-
6, or similar product ($51.00 in 2005; $12,503.17)
Asphalt Paving, Inc. I 000 E. Sherman Boulevard, Muskegon MI 49444-0190 $61.00 per ton, delivered
Rieth-Riley Construction Co. 867 Egypt Valley, AdaMI 49301              $69.00 per ton, delivered

200 ton Bituminous Asphalt 4:12, Base ($34.00 in 2005; $1,977.10)
Asphalt Paving, Inc. 1000 E. Sherman Boulevard, Muskegon MI 49444-0190   $45.00 per ton, picked up
Rieth-Riley Construction Co.         867 Egypt Valley, AdaMI 49301       $34.00 per ton, picked up

       Note: Bid award based upon location. Requires approximately 2 hours travel time, keeping
       one/two employees unavailable during this time. Also do not have the equipment needed to keep
       the asphalt hot from Ada to Muskegon.

1,000 ton Bituminous Asphalt 4:12, Top ($35.00 in 2005; $21,015.40)
Asphalt Paving, Inc. 1000 E. Sherman Boulevard, Muskegon MI 49444-0190 $45.00 per ton, picked up
Rieth-Riley Construction Co.         867 Egypt Valley, AdaMI 49301     $34.00 per ton, picked up

85,000 gallons Calcium Chloride 38% (road brine) ($0.39 in 2005; $30,717.25)
Liquid Dustlayer, Inc.     P.O. Box 188, Manistee, MI 49660         $0.43 per gallon, spread

15,000 gallons Calcium Chloride 32% (winter salting) ($0.32 in 2005; $0)
Liquid Dustlayer Inc.      P.O. Box 188, Manistee, MI 49660          $0.36 per gallon, stored
2006 Aggregates, Highway Maintenance Materials, and Concrete
Page2
March 29,2006



Screened Top Soil ($11.05 in 2005; $470.00)
Felco Contractors, Inc.    874 Pulaski Ave., Muskegon, MI 49441      $10.00 per cubic yard, delivered
Verplank Tmcking Co.       PO Box 8, Ferrysburg, Ml 49409            $11.05 per cubic yard, delivered
Jackson-Merkey Contractors 555 E. Western Ave., Muskegon, MI 49442   $11.85 per cubic yard, delivered
Meekhofs Lakeside Dock     16861 !20th Ave., Nunica, MI49448         $12.39 per cubic yard, delivered

Concrete mix as needed (7 Sack Mix $74.00* in 2005, $38,927.25)
Port City Redi-Mix                             $80.00 per cubic yard, 7 Sack Mix, delivered*
1780 Sheridan Road, Muskegon, MI 49442

Consumers Concrete                                   $79.00 per cubic yard, 7 Sack Mix, delivered
4400 E. Evanston Avenue, Muskegon MI 49442

        Note: Bid award based upon lower small load charges ($40/$50) and no charges for separate
        drops at multiple sites ($0/$50).

*The 7-sack mix is the most commonly used product. It should be noted that concrete purchases may
include several miscellaneous charges, including, but not limited to, hot water, chloride, small loads,
second drops, winter price, extra unload time. Purchases will be made from recommended bidder,
contingent upon product availability, timely deliveries, and prices as quoted.



LAA (L/Docs/Bids/2006 Agg ... Comm Ltr)
Date:         April 11, 2006
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Public Hearing
              Create a Special Assessment District for:
              FIFTH ST., MERRILL AVE. TO MUSKEGON AVE.




SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment for FIFTH ST., MERRILL AVE.
TO MUSKEGON AVE., and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the project



FINANCIAL IMPACT:
None at this time.



BUDGET ACTION REQUIRED:
None at this time.

STAFF RECOMMENDATION:
To create the special assessment district and assign two City Commissioners to the Board
of Assessors by adopting the attached resolution



COMMITTEE RECOMMENDATION:
                                    CITY OF MUSKEGON

                                 Resolution No. 2006-35( a)


              Resolution At First Hearing Creating Special Assessment District
                 For FIFTH ST., MERRILL AVE. TO MUSKEGON AVE.
                   Location and Description of Properties to be Assessed:
                          See Exhibit A attached to this resolution


RECITALS:

1.   A hearing has been held on Aprilll, 2006 at 5:30 o'clock p.m. at the City
     Commission Chambers. Notice was given by mail and publication as required by
     law.

2.   That estimates of costs of the project, a feasibility report and valuation and benefit
     information are on file with the City and have been reviewed for this hearing.

3.   At the hearing held Aprilll, 2006, there were 12.72 % objections by the owners of the
     property in the district registered at the hearing either in writing received before or at the
     hearing or by owners or agents present at the hearing, and the Commission has
     considered the advisability of proceeding with the project.

FINDINGS:

I.   The City Commission has examined the estimates of cost to construct the project
     including all assessable expenses and determines them to be reasonable.

2.   The City Commission has considered the value of the property to be assessed and the
     value of the benefit to be received by each property proposed to be assessed in the district
     after the improvements have been made. The City Commission determines that the
     assessments of costs of the City project will enhance the value of the properties to be
     assessed in an amount at least equivalent to the assessment and that the improvement
     thereby constitutes a benefit to the property.

THEREFORE, BE IT RESOLVED:

I.   The City Commission hereby declares a special assessment district to include the
     property set forth in Exhibit A attached to this resolution.

2.   The City Commission determines to proceed with the improvements as set forth in the
     feasibility study and estimates of costs, and directs the City Engineer to proceed with
     project design, preparation of specifications and the bidding process. If appropriate and
     if bonds are to be sold for the purposes of financing the improvements, the Finance
     Department shall prepare plans for financing including submission of application to the
     Michigan Department of Treasury and the beginning of bond proceedings.
3.   The CityCommission hereby appoints a Board of Assessors consisting of City
       Commissioners      Spataro                             and ----=S.:. :h..::..ep"'-'h=-=-e=-=r=--=d.:. ___ _ _ __
       and the City Assessor who are hereby directed to prepare an assessment roll.
       Assessments shall be made upon front foot basis.

4.     Based on the City's Special Assessment policy and preliminary estimates it is expected
       that approximately 24.69% of the cost of the street improvement will be paid by special
       assessments.

5.     Upon submission of the special assessment roll, the City staff is hereby directed to notify
       all owners and persons interested in properties to be assessed of the heating at which the
       City Commission will consider confirmation of the special assessment roll.


This resolution adopted.

       Ayes     Gawron, Shepherd, Spataro, Warmington, Wierenga, Carter, and Davis


       Nays     None



                                                                        CITY OF MUSKEGON




                                          ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on Aprilll, 2006. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.

                                                               CITY OF MUSKEGON
                                    EXHIBIT A


                FIFTH ST., MERRILL AVE. TO MUSKEGON AVE.

                      SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Fifth St. from Merrill Ave. to Muskegon Ave.
0
 by malt. simply fOld onlne dotted linea so the address on the reverse side Is
          showing. Be !.•JrG to ueal the form With a smal! piece of tape or staple prior to mailing. IF
         YOU 00 NOT SEND IN THIS FORM YOUR VOTE COIJNTS AS "IN FAVOR.' OF
         PROJECT.
         fl.SSftiGfMOl lf!.~O!fDaliOO

          Property Addr•tss:                                        1224 STHST
          Parcel NumbE>r                                            24-205·368-0005.00
          Asseaaabla      Fr~ntage:                                 284                   F~tet

         Ellbrnated Fro·;t Foot Cost:                               $32.SO                per Foot
         ESTIMATED         ~!'OTAl COST                             $9,230.00
         P!llM!!x.QD!:•!Jgign
         CiTSV OF MUSKEOO•:: REy&SEO PLAT 111ll PAAT 0' IlK :JOO O&ot AS lEG AT Pd()$T 80UTI1firtN COR. OF GO BLK TH N 4-40 36M
         ;)~ Wl!!i6.3DFT H.', SW l.N 600LJ( 318\li N 450 00MC)4!      It 103.34n A\.GNVII,..'tf$0 1111 ' "'1H .... ~J·••45S E ••• •• FT "H 8
         ·~0 OOM ~36 W ,o;., '19 FTALG ~                                                             _,    ~   w   -       · •~·~      '




                                                       Yo~.:rvote       COUNTS!
          Please 110te e•ilher in favor or oppo&e --~··                                                Signature
      Address       .!!LJ... . fAort.l Sf.                                 Address ·
                Titan~   you ror taking the Ume to vola on 11\;s imponantluuo.
                                                                                                                                     '"


                                                                                                          ~
                                                                                                               CITY"bECEIVEO ---
                                                                                                                         FMUSKEGON

                                                                                                                   APR 11 2006
                                                                                                          ENGINEERING DEPARTMENT
                                                                                                                              -<--
                                                            SPECIAL ASSESSMENT
                                               HEARING RESPONSE CARD
    NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please

                                    Return This Card By: APRIL 11, 2006
    Project Title:                         FIFTH ST.,MERRIL ST. TO MUSKEGON AVE.
    Project Description: RECONSTRUCTION

    INSTRUCTIONS
    If you wish to have your written vote included as part of the tabulation of votes forwarded to
    the City Commission for the scheduled public hearing, please return this card by the date
    indicated above. To use this response card please indicate whether you Oppose or Favor
    this special assessment project, sign the forrn and return it to the City Clerk's Office. To
    rct:.;rn thi:; card by ;-(;ail, :;irnpiy foid on the dotted lines so the address on the reverse side is
    showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
    YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
    PROJECT.                                                                                 /
                                                                                                           --F:l:~~;h:· J;··~/;.:.~~t}-~
    Assessrn~nt          Information
    Property Address:                                                            1257 5TH ST
    Parcel Number                                                               24-205-377-0001-20         . City Clerks Office
                                                                                                           -------~--~----·---·----


    Assessable Frontage:                                                        35          Feet

    Estimated Front Foot Cost:                                                  $32.50      per Foot

    ESTIMATED TOTAL COST                                                        $1,137.50
                                                                                                                                 1\1 D
    PrQpert'LJ)escription
   CITY OF MUSKEGON REVISED PLAT OF 1903 S 35FT LOT 1 & S 35FT OF E 1/2 LOT 2 BLK 377
                                                                                                               _______Ciel'!\s
                                                                                                               City
                                                                                                             __ '"
                                                                                                                                  Oific-
                                                                                                                       ---·----- -------.-·-·· .




                                                                       Your vote COUNTS!

    Please vote either in favor or opposed to the Special Assessment Street Paving Project.


          I AM IN FAVOR                  1:\<      \l9\8 li'\\8
    Property Address:                                1177 5TH ST
    Parcel Number                                    24-205-348-0013-00
                                                                                              t1iil\i.   OlJ   0 tl_.~:f5:.::1_-: :-~-C"'-:>- coow:~:~::~:e _L.0"-. "' "~- k:._ . .; .;. :. . .; ;.=.~.,.,. . ;"- -+- '-; ._"-
                            1




                                                                                                        1

Address            ..J../;;;:;i,"-4..........:.:?_-:;_-=-,....:.f_}..:...:;..h~.Sf       Address

             Thank you for taking the time to vote on this important issue.                                                                   7
                                          SPECIAL ASSESSMENT
                                    HEARING._RE$J:JON:_3_t=:_CAFW
    NO RESPONSE COUNTS AS "IN FAVOR" 01' PRC1JECT-To have your vote count, please

                         Return This Card By:        APi=~IL   11, 2006
    Project Title:                 FIFTH ST.,MER.R:L ST. TO MUSf\ I
Owner

Signature

Address

                                                                                                     11
        Thanlqtoufor taking the-time to vo'ce on this important issue.
               i     ;   '    ,.      j   '

               l

             I
                                                                 H-1604 FIFTH ST., MERRILL AVE. TO MUSKEGON AVE.

                                                              PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION



                                          FEET              PERCENTAGE                                         TOTAL NUMBER OF PARCELS- 20
                                                                                                 FOR                                                       OPPOSE
                                                                         LEITER#   ST#    ST NAME      PARCEL#          FEET      LETTER# ST#        ST NAME      PARCEL#                FEET


TOTAL ASSESSABLE FRONT FOOTAGE             1451.00 ......                  18      1224    FIFTH   24-205-368-0005-00   284.00        20     1177     FIFTH       24-205-348-0013-00     66.00
                                                                            5      1257    FIFTH   24-205-377-0001-20    35.00        7      1245     FIFTH       24-205-377 .()001-00   52.50
FRONT FEET OPPOSED                          184.50            12.72%                                                                  11      372    HOUSTON      24-205-348-0012-00     66.00

RESPONDING FRONT FEET IN FAVOR              319.00            21.98%

NOT RESPONDING- FRONT FEET IN FAVOR         947.50            65.30%

TOTAL FRONT FEET IN FAVOR                  1266.50            87.28%




                                                                         TOTALS                                         319.00                                                           184.50




                       TABULATED AS OF: 05:06PM                                                            4/11/2006 5:07PM Tabulation of the hearing responses for Fifth St.-Merrill Ave.
                                  Commission Meeting Date: March 28, 2005




           Date:               March 17, 2006
          To:                  Honorable Mayor and City Commissioners
          From:                Planning & Economic Development (.)(2:£.-
          RE:                  Zoning Ordinance Amendment to Article XXII,
                               Nonconforming Uses




          SUMMARY OF REQUEST:

          Request to amend Sections 2200, 2201, 2202, 2203, and 2204 (Nonconforming Uses) of
          Atticle XXII of the Zoning Ordinance

          FINANCIAL IMPACT:

          None

          BUDGET ACTION REQUIRED:

          None

          STAFF RECOMMENDATION:

          Staff recommends amendment of Atticle XXII (Nonconfonning Uses) of the Zoning
          Ordinance.

          COMMITTEE RECOMMENDATION:

          The Planning Commission recommended approval of the amendment at their 3/1 6 meeting.
          The vote was unanimous in favor of the amendment, with J. Aslakson and T. Michalski
          absent.




0 :\Pianning\COM MON\Zoning\City Commission ltcms\Amcndmcnts\2006 Amcndmcnts\Casc 20054 1-Nonconfonning Uscs.doc
                                                     Staff Report [EXCERPT]
                                                       CITY OF MUSKEGON
                                                     PLANNING COMMISSION
                                                       REGULAR MEETING

                                                              March 16, 2006

OLD BUSINESS

Hearing; Case 2005-41: Staff initiated request to amend Sections 2200, 2201, 2202, 2203, and
2204 (Nonconforming Uses) of Article XXII of the Zoning Ordinance.


BACKGROUND
This section of the ordinance has been a bone of contention in the past regarding some of its
restrictions. The Nonconfonning Uses language as it presently exists in the Zoning Ordinance is
somewhat confusing and hard to interpret. Staff has spent several months reviewing other
ordinances and consulting with the City Attorney and other planners regarding a makeover of the
section. It has been "a work in progress", since I have had input from so many sources,
including Commissioners Davis and Gawron, who at the Mayor's request met with staff on
several occasions to discuss concerns with the present ordinance language. Much of the miginal
language from our ordinance has been incorporated into the new language. I have attempted to
put the proposed section in the usual fonnat with strike throughs for deleted language and bold
for new language. I have also included a copy of the current ordinance language.
I first looked at Section 2200: Intent. Staff felt that it needed rewording and clarification. I believe
the new language better describes the intention and "spitit" of the Master Plan to have confonnity in
our City. While allowing the present nonconfonning uses and structures to exist while practical, it
would also gradually eliminate them. The vety existence of a Master Plan by the citizens of the City
of Muskegon says loud and clear that they would like their community developed with a plan in mind
and not continue the nonconfonning uses and stmctures forever.
One of the first changes you may notice is nonconfmming lots, uses of land, and stmctures are now
separated into their own sections. I believe this will make reading and interpreting of the section
much easier. Nonconfotming lots were not previously addressed. In the past, zoning staff was
applying these conditions when detennining if a lot was confonning or "buildable", but there was no
written language that suppmied this in the ordinance. So I completely reconstructed Section 220 l to
address Nonconfonning Lots only, with all new language. Some pmtions of Section 2201 have been
incmvorated into Section 2202.
One area of the ordinance that has raised many questions was regarding Section 2202: Elimination of
Nonconfmming Uses. There seems to be many opinions on what length oftime a nonconfonning use
should be allowed to continue once the use has ceased. Our present ordinance allowed up to two
years. Some other municipal ordinances only allowed six months, but the most common was a one-
year time frame. Our ordinance is the most liberal with its time of two years (cmTent language
Section 2202, #I). After discussion with other staff members, I left the two-year time period in the
revised language (Section 2202, #5, new Ianb'1Jage), but it may be wmih considering shortening the



0:\P!anning\COMMON\Zoning\.City Commission Jtems\Amendmcnts\2006 Amcndments\Case 2005-4 I-NoncontOnning Uses.doc   2
time period. Number 3 (a-d) in this section gives Planning Commission some guidelines on which to
base their decision regarding expansion of nonconfonning uses of land. Number 5 would give
guidelines to detetmine if a nonconfonning use had been abandoned.
Another problem section of the ordinance that has raised many concerns has been Section 2203, #2
(cmTent ordinance). It refel1'ed to a stmcture that was "damaged by fire, wind, civil disobedience, or
an Act of God or the public enemy". The language refers to the fact that those buildings may be
repaired or rebuilt so long as "such structural alteration or stmctural repairs shall not exceed fifty (50)
percent of the replacement cost of such building". Upon researching other ordinances in the West
Michigan areas, as well as other pmts of the state, staff found that some other ordinances allowed
structures to be rebuilt that were 60% destroyed. This has been incorporated for your review into the
revised section (Section 2203, #6, new language). Much of this section is ordinance language that
was contained in our cmTent ordinance, but pet1ains to stmctures, and so put into the Noncontonning
Stmctures section.
Hopefully, after discussion, debate and probably some revisions on staffs pm1, we will come out of
the process with a newly revised section that is much more understandable by the public, Planning
Commissioner, ZBA members, and staff, but retain the "spirit" of the Master Plan.

TI1e revisions discussed at the January meeting were incorporated into the language. Staff didn't
remove Section 2202 #6, as fanner Commissioner Johnson suggested, because there was no clear
direction fi-om the remaining Planning Commissioners to do so. I still believe leaving it in makes
sense and allows some latitude, as long as the use is moving closer to confol1'nity.

J. Aslakson made a request of staff to inquire if it would be possible for residential stmctures only to
be rebuilt in the fanner footprint if the home was destroyed. Staff asked for an opinion fi·om the City
Attorney's office. The e-mail fium Adam Zuwerink ofPannenter O'Toole is included with this
packet. No other changes were requested, so staffleft the proposed ordinance as it was. Another copy
is included.

NEW LANGUAGE
See separate documents included with this packet.


DELIBERATION
I move that the amendments to Sections 2200, 2201, 2202, 2203, and 2204, Article XXII
(Nonconfonning Uses), of the Zoning Ordinance, be recommended to the City Commission for
(approval/denial).




0:\Pianning\COMMON\Zoningi.City Commission ltcms\Amcndments\2006 Amendmcnts\Cusc 2005-41-Nonconl(mning Uscs.doc   3
                                            CITY OF MUSKEGON

                                    MUSKEGON COUNTY, MICHIGAN

                                           ORDINANCE NO. 2191

        An ordinance to amend Sections 2200, 2201, 2202, 2203, and 2204 of Article XXII
        (Nonconforming Uses) of the Zoning Ordinance.

        THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

        Section 2200,2201,2202, and 2203 of Article XXII (Nonconfonning Uses)ofthe City of
        Muskegon Zoning Ordinance is hereby amended as written below:

        ARTICLE XXII- NONCONFORMING LOTS, USES, AND STRUCTURES


SECTION 2200: INTENT

Upon the adoption of this Ordinance or future amendments, there may exist lots, structures, and uses
of land and structures which were lawful prior to the adoption of the Zoning Ordinance, or
amendment to the Ordinance, but which are not in confonnance with the provisions of this Ordinance,
or any amendments. It is the intent of this Ordinance to penni! these nonconfonning lots, structures
and uses to continue until they are removed, but not to encourage their survival. Because
nonconfonning lots, structures and uses, so long as they exist, prevent the full achievement of the
goals and objectives of the City of Muskegon Master Plan, the spirit of this Ordinance is to reduce,
rather than increase, any nonconfonnance.

SECTION 2201: NONCONFORMING LOTS

When an existing nonconfonning lot does not adjoin any other lot or lots under common ownership or
if the nonconfonning lot fails to meet the requirements for minimum lot area, minimum width, or
both, of the zoning district in which it is located, such lot may be used for the pennitted uses of the
zoning district under the following conditions:

I.      It must meet the definition of"Lot of Record" listed in the definitions of this Ordinance.

2.      Structures on a nonconfonning lot must still meet setback requirements of its zoning district
        and is subject to limitations provided by other provisions of this Ordinance.

In any zoning district, where two or more adjoining nonconfonning lots are under conunon ownership
or control, these lots shall be combined and considered as one lot for the purposes of this ordinance.
SECTION 2202: NONCONFORMING USES OF LAND

Where, at the effective date of adoption or amendment of this Ordinance, lawful use of land exists that
is made unlawful under the terms of this Ordinance as enacted or amended, such use may be
continued, so long as it remains otherwise lawful, subject to the following provisions:

I.     Special land uses and use variances permitted by this ordinance shall not be deemed
       nonconforming uses.

2.     Changes of tenancy, ownership or management of any existing nonconfom1ing uses of land
       may be made, provided that there is no change in the nature or character of the nonconforming
       use.

3.     No nonconfonning use shall be enlarged, increased, or extended to occupy a greater area of
       land than was occupied at the effective date of adoption or amendment of this Ordinance,
       except when authorized by the Planning Commission, after Public Hearing as required for
       Special Uses and site plans, and upon reaching a determination that the proposed enlargement,
       increase, or greater area:

       a.      Does not have a substantial detrimental effect on the use and enjoyment of adjacent
               uses or lots.
       b.      Complies with all parking, si!,>n, or other applicable regulations applicable to accessory
               uses tor the area affected by the proposed enlargement, increase, or greater area.
       c.      Complies with any reasonable conditions imposed by the Planning Commission that
               are necessary to ensure that the proposed enlargement, increase, or greater area will
               not prove detrimental to adjacent properties, the neighborhood, or the community.
       d.      It is not larger than twenty five percent (25%) of the miginal nonconforming area.

4.     No such nonconforming use shall be moved in whole or in part to any other portion of the lot
       or parcel occupied by such use at the effective date of adoption or amendment of this
       Ordinance.

5.     A nonconfonning use of land which has ceased for a period exceeding twenty-four (24)
       months or has been changed to a contonning use may not again be devoted to a
       nonconfonning use. A nonconforming use shall be detennined to be abandoned if one (I) or
       more of the following conditions exists, and which shall be deemed to constitute an intent on
       the part of the property owner to abandon the nonconfonning use;

       a.      Utilities, such as water, gas, and electricity to the property, have been discontinued.
       b.      The property, buildings and grounds have fallen into disrepair.
       c.      Signs or other indications of the existence of the nonconfonning use have been
               removed.
       d.      Removal of equipment or fixtures which are necessary for the operation of the
               nonconfonning use.
        e.      Other actions, which in the opinion of the Zoning Administrator, constitute an act or
                omission on the part of the property owner or lessee constituting an intent to abandon
                the nonconforming use.

6.      When such nonconfom1ing use is made more confonning than the use which previously
        existed, it may continue even though it does not totally confonn to all provisions of this
        Ordinance.

SECTION 2203: NONCONFORMING STRUCTURES

Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance that
could not be built under the terms of this Ordinance by reason of restrictions on area lot coverage,
height, yards, parking or other characteristics of the structure or its location on the lot, such structure
may be continued so along as it remains otherwise lawful, subject to the following provisions:

I.      No structure may be enlarged or altered in a way which increases its nonconfonnity, except
        when authorized by the Planning Commission, after Public Hearing as required for Special
        Uses and site plans. The Planning Commission shall be authorized to detem1ine the amount of
        enlargement of any building or structure, consistent with the intent of this article. The
        nonconforming structure may be changed to an extent not exceeding thirty percent (30%) of
        the total floor area of the existing building at the time of enactment of the Ordinance from
        which this chapter is derived, or at the time of its amendment making a structure
        nonconfonning.

2.     No nonconforming building or structure shall be moved in whole or part to any other location
       unless such building or structure and the off-street parking spaces, yard and other open spaces
       provided, are made to conform to all the regulations of the district in which such building or
       structure is to be located.

3.     Changes of tenancy, ownership or management of any existing nonconforming structures may
       be made, provided that there is no change in the nature or character of the nonconfonning
       structure.

4.     Repair and maintenance work may be perfonned as required to keep a nonconfonning
       building or structure in a sound condition.

5.     In the event any nonconfonning building or structure is damaged by fire, wind, civil
       disobedience, or an Act Of God or the public enemy, it may be rebuilt or restored, provided
       the cost of such structural alteration or structural repairs shall not exceed seventy-five (75)
       percent of it's replacement cost. The buildings or structures shall be built in conformance with
       the requirement of the zoning district in which they are located.

6.     Once any nonconfom1ing structure is removed from the property, its nonconfom1ing status
       has expired and it may not be replaced on the property.

SECTION 2204: [RESERVED]
This ordinance adopted:

Ayes: Shepherd, Spataro, Warmington·, Wierengo, Carter, Davis, and
       Gawron
Nayes: None
          ----------------------------------------------------
Adoption Date: ____: . :cAp"-'r=--=i=-=1=----=1'-=1..!. ,____::::_20=--0=--=6=-------------------------

Effective Date:_____A-=-p_r_i1_-_2_5_.:.,__2_0_06______________________

First Reading: _____M_a_r_c_h__2_8-=-'__
                                       20_0_6______________________

Second Readi ng: __----'-"Ap.: . : r:. .:i:. :1=----=1..: .1. !. ,_2~0::..:0::...:6=-------------------------
                                           CERTIFICATE

        The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certifY that the foregoing is a true and complete copy of an
ordinance adopted by the City 1.gmmission ofthe City of Muskegon, at a regular meeting of
the City Commission on the 11 day of J.lprip006, at which meeting a quorum was present
and remained throughout, and that the original of said ordinance is on file in the records ofthe
City of Muskegon. I further certifY that the meeting was conducted and public notice was
given pursuant to and in full compliance with Act No. 267, Public Acts ofMichigan of 1976,
as amended, and that minutes were kept and will be or have been made available as required
thereby.

DATED: _ _::Ac.:..p=r-=-i=-
                         1 --=1=1_ _ _, 2006.
                                                Gail A. Kundinger, MMC
                                                Clerk, City of Muskegon



Publish:    Notice of Adoption to be published once within ten (1 0) days of final adoption.
                                     CITY OF MUSKEGON
                                     NOTICE OF ADOPTION

Please take notice that on April 11,2006, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 2200,2201,2202,2203, and 2204 of Article XXII (Nonconforming
Uses).

Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.

       This ordinance amendment is effective ten days from the date of this publication.

Published     April 15             '2006              CITY OF MUSKEGON


                                                      By __~~~~~~~=-----­
                                                           Gail A. Kundinger, MMC
                                                           City Clerk




PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.

Account No. 101-80400-5354
Date: April 11 , 2006
To:       Honorable Mayor and City Commissioners

From: Finance Director
RE:       Transmittal of 2005 Comprehensive Annual Financial Report (CAFR)



SUMMARY OF REQUEST: The City's 2005 Comprehensive Annual Financial
Reporl (CAFR) has previously been distributed to City Commissioners. At this time
the CAFR is being formally transmitted to the Commission in accordance with state
law. The 2005 CAFR has been prepared in accordance with Governmental
Accounting Standards Board (GASB) 34 accounting standards. The 2005 CAFR also
includes the "single-audit" of federal grants.

FINANCIAL IMPACT: None. The CAFR report summarizes the City's financial
activities for 2005 and includes the independent auditor's unqualified opinion on the
City's financial statements.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: Acceptance of the 2005 CAFR.

COMMITTEE RECOMMENDATION: There is no committee recommendation
at this time.




9/18/97
I
[
I'          City of.Muskegon,
        . . Mic:higan ·


        '     .     '      '




            ·. Comprehensive Annual
I·          . Financial Report                          .
I ...




            ForTheYear Ended December 31, 2005




                                WWW.SHOREL/NECITY.COM
Date: April 11 , 2006
To:       Honorable Mayor and City Commissioners

From: Finance Director
RE:       Selection of Architect for Arena Clubroom



SUMMARY OF REQUEST: Proposals were received from four area architectural firms for
design and construction oversight services for the proposed Walker Arena clubroom facility:

                  Proposal Submitted By:                             Proposal Cost

                  Bosma Architects                                      $19,600

                  C. Richard Borgeson                                   $15,000

                  Hooker DeJong                                         $18,750

                  Sidock Group                                          $30,000



A selection committee comprised of staff and arena personnel interviewed each firm to gain better
understanding of their qualifications and vision for the project. After going through this process, it is
recommended that Hooker, DeJong be selected as architect. Hooker was one of the top two firms
selected by all four committee members.

FINANCIAL IMPACT: The project will be funded through an internal borrowing targeted at
$300,000, including architect fees. All architects agreed the project is achievable within that budgeted
figure. When construction bids are received and the City Commission gives final approval for the
project, an internal loan will be set up with specific payback terms.

BUDGET ACTION REQUIRED:                        Noneatthistime.

STAFF RECOMMENDATION:                         Selection of Hooker, DeJong as architect.

COMMITTEE RECOMMENDATION:                             None.




9/18/97
Date:        4/11/06
To:           Honorable Mayor and City Commissioners
From:        Water Filtration Plant
RE:          Water Filtration Plant Improvements Project Final
             Change Order #11




SUMMARY OF REQUEST

Request endorsement of the Final Change Order, #11, to close out the Water
Filtration Plant Improvements Project.



FINANCIAL IMPACT:

The change order is in the amount of $68,253.00.




BUDGET ACTION REQUIRED:

The funding will come from the Water Fund



STAFF RECOMMENDATION:

Staff recommends approval of the final change order #11 for the Water Filtration
Plant Improvements Project in the amount of $68,253.00.
                                 MEMORANDUM

                                      3/31/06

TO:           DENNIS BENOIT, TETRA TECH MPS
              THOMAS LAMBERT, MUSKEGON CONSTRUCTION CO.
              STEVE BUSCH, MDEQ- DISTRICT ENGINEER
              MICHAEL COX, MDEQ - RLOCS, ESSD

FROM:         BOB VENEKLASEN, MUSKEGON WATER FILTRATION

RE:           FINAL CHANGE ORDER #11


Included is the paperwork for the Water Filtration Plant Improvements Project Final
Change Order #11. This item is expected to appear on the City Commission agenda for
the meeting on 4/11/06.
(I      tJ      TETRA TECH MPS                          3949 Sparks Drive SE, Suite 101, Grand Rapids, Ml 49546
                                                                                         Telephone: 616.942.5566
                                                                                               Fax: 616.942.5787

                                                                                                Distribution:      Owner - 1
                                                                                                                Contractor ~ 1
                                                                                                                  Engineer~1

  CHANGE ORDER                                                                                 Steve Bush - MDEQ GR- 1
                                                                                                  Mike Cox- MDEQ LA- 1

  Owner:                 City of Muskegon                                Title: Water Filtration Plant improvements

  Contractor:            Muskegon Construction Company

 Contract No.            0482.031-W-1

  Change Order No.:      11 FINAL                          Date:      3/27/06

  TO THE CONTRACTOR NAMED ABOVE:

 Under the above contract and upon approval of the Owner, we hereby recommend the
 following changes to the contract:



1 Restore quarry tile in identified areas.

                                                                                    ADD                           $4,944.00

        REASON: Several areas of quarry tile throughout the Plant have deteriorated.



2 Remove and replace the set of double doors on the north elevation of
  Passageway No. 1 (HSPS to North Filter Bldg) Provide FRP doors and frame.
  Provide Hardware Set No. 4 as approved in Submittal No. 022.

                                                                                    ADD                           $5,585.00

        REASON: The doors do not operate correctly.

3 Restore the limestone and masonry on the north elevation of the Administration
  Building, Clerestory of Filters 1-6, and west parapet wall of Filters 1-6.

                                                                                    ADD                          $43,721.00

        REASON: The limestone, limestone joints, and masonry are
           deteriorated. The proposed waterproofing be more effective
           once these areas are restored.                                            l
4 Remove the Recycle Pump Disconnects and make a water tight connection.

                                                                                    ADD                           $1,133.00

        REASON: The disconnects could potentially be flooded
           in their existing location.



   Muskegon WFP lmpr. 0482031-W-1 Change Order No. 11                                                                    Page 1 of 4
                                                                               _j
5 Disconnect the existing sludge lines from the drain in the Clarifier sludge sumps.

                                                                            ADD                        $1,839.00

        REASON: The drain lines in the sump need to be isolated
           for proper operation.


6 Adjust the amount of the tuckpointing allowance

                                                                             DEDUCT       $           (1 0,324.00)

        REASON: Adjusted for quantities of work actually completed.


7 Provide compressed air to the UV unit.

                                                                             ADD                         $351.00

        REASON: Compressed air supply will be easier to maintain than
           individual small compressors.

8 Adjust the amount of Crack Repair work performed on the South Filter Room Ceiling


                                                                             DEDUCT       $            {3,642.00)

        REASON: Adjusted for quantities of work actually completed.

 9 Add Emergency Exit lighting at the Auxiliary Pump Station and Pretreatment Building.

                                                                             ADD                       $3,733.00

        REASON: Additional Emergency Exit lighting is required by the Electrical inspector.

10 Reduce the Costs for Beach Street Restoration.
                                                                             DEDUCT           $        (9,815.00)

        REASON: Changes in the Design resulted in cost savings.

11 Provide erosion control measures and other site adjustments as indicated in Field Order No. 133.

                                                                             ADD                       $6,491.00

        REASON: To reduce the potential for erosion problems.

12 Replace valve vault top near the southeast corner of the Pretreatment Building.

                                                                             ADD                        $5,975.00

        REASON: The existing Vault Lid had detrioirated and was in need of replacement.




    Muskegon WFP lmpr. 0482031-W -1 Change Order No. 11                                                       Page 2 of 4
13 Provide for Pumping of Sludge Drying Beds and Repair of Washouts

                                                                            ADD                      $6,698.00

        REASON: Excesss flows pumped to the drying beds eroded areas on the site and
           needed to be repaired on several occasions.

14 Adjust the amount of the Laboratory Equipment Allowance


                                                                            DEDUCT     $             (1,247.00)

        REASON: Adjusted for quantities of work actually completed.

15 Adjust the amount of the Programming Allowance.


                                                                            ADD        $             36,000.00

        REASON: Additional programming, training and engineering services were provided.

16 Adjust the amount of the Concrete Surface Repair Greater than 2" Depth


                                                                            DEDUCT     $             (2,300.00)

        REASON: Adjusted for quantities of work actually completed. (0 SF Completed vs 50 SF Allowance)

17 Adjust the amount of the Concrete Surface Repair Less than 2" Depth



                                                                            DEDUCT     $            (15,996.00)

        REASON: Adjusted for quantities of work actually completed (38 SF Completed vs 410 SF Allowance)


18 Adjust the amount of the Concrete Crack Repair


                                                                            DEDUCT     $             (4,272.00)

        REASON: Adjusted for quantities of work actually completed. (576 LF Completed vs 760 LF
           Allowance Plus a $2904 lump sum adjustment for crack repair performed)

19 Adjust the amount of masonry crack repair.

                                                                            DEDUCT     $                  (621.00)

        REASON: Adjusted for quantities of work actually completed. (296 SF Completed vs
           350 SF Allowance)




    Muskegon WFP lmpr. 0482031-W-1 Change Order No. 11                                                        Page 3 of 4
 20 Change the Contract Date of Substantial Completion from October 17, 2005 to December 2, 2005 and
    Change the Contract Date of Ready for Final Payment from November 16, 2005 to January 1, 2006

                                                                          NO CHANGE                       $0.00

         REASON: Asbestos remediation in the North Filters delayed the contract completion.


                                                    Current Contract Amount                       $16,207,525.00
                                                    This Change Order,              Add               $68,253.00
                                                    Final Contract Amount                         $16,275,778.00


RECOMMENDED BY:




                      Jii,?i'·~·:,~
ACCEPTED BY:




APPROVED BY:             City of Muskegon



                         ~~ATE:~b~




      Muskegon WFP lmpr. 0482031-W-1 Change Order No. 11                                                     Page 4 of 4
         Commission Meeting Date:           April 11, 2006

Date:       April 4, 2006
To:         Honorable Mayor & City Commission
From:       Community and Neighborhood Services
            Department



SUMMARY OF REQUEST: For the City Commission to make their final
allocation decision concerning the 2006-2007 Community Development
Block Grant/HOME Partnership Program allocations for this coming
fiscal year.

The Commission has received the recommendations from the Citizen's
District Council and the City administration. The Commission made their
preliminary recommendations during the March 14, 2006 City
Commission meeting.

After receiving the Commissions final allocation decision, the
Community and Neighborhood Services office will amend the City's
2006-2007 Action Plan if needed and continue the comment period until
April17, 2006. At that time the Community and Neighborhood Services
staff will request the United States Department of Housing and Urban
Development for the Release of Funds for the 2006-2007 fiscal year to
begin June 1, 2006.

FINANCIAL IMPACT: The decision will determine how the Community
Development Block Grant /HOME Partnership Program funding will be
allocated for the 2006-2007 fiscal year.

BUDGET ACTION REQUIRED: The Commission actions will establish
the fiscal years budget.

STAFF RECOMMENDATION: The Commission previously received the
administration recommendations.


COMMITTEE RECOMMENDATION: The Commission also received
the Citizen District Council recommendations.
Community Development Block Grant
                                                                        Amount         Administration    CDC              City Commission          CityComm
Organization/Agency              Activity                              Requested      Recommendation     Rec              Prelimiary Rec.      Final Determination
Love INC                         Handicap Ramps                             $10,000             $2,500           $2,500               $2,500                $2,500
American Red Cross               Senior Transit                              $5,000             $2,500   "       $2,500               $2,500                $2,500
West Michigan Veterans           Food Bank/Transportation                    $5,000             $2,500           $2,500               $2,500                $2,500
Sacred Suds                      Laundry/Shower                              $6,000             $2,500           $2,500               $2,500                $2,500
DPW                              Senior Transit                             $58,735            $40,000          $40,000              $40,000               $40,000
CDBG Code Enforcement            Code Enforcement                           $40,000            $40,000          $40,000              $40,000               $40,000
Community Economic Development   Fayade                                     $20,000             $5,000           $5,000               $5,000                $5,000
CDBG Service Delivery            Delivery Service                         $100,000             $62,500          $62,500              $62,500               $62,500
Finance Bond Repayment           Bond                                     $245,000           $242,500         $242,500             $242,500              $242,500
Health Care                      Health Outreach                             $5,500             $2,500           $2,500               $2,500                $2,500
Legal Aid                        Legal Services                             $15,000             $2,500           $2,500               $2,500                $2,500
Cornerstone Optometry            Optometry                                  $89,000                 $0               $0                   $0                    $0
CDBG Administration              Admin                                    $200,000           $178,000         $178,000             SI78,000              $178,000
Street Construction              Street                                     $40,000            $30,000          $30,000              $30,000               $30,000
Leisure Services                 Recreation                                 $87,318            $65,000          $65,000              $65,000               $65,000
CDBG Siding                      Siding                                    $225,000          $150,000         $150,000             $]50,000              $150,000
CDBG Emergency Repair            Emergency Repair                          $225,000          $160,000         $160,000             $160,000              $160,000
Planning Lot Clean up            Lot Maintenance                            $40,000            $28,000          $28,000              $28,000               $28,000
Dangerous Buildings              Demolition                                $115,000            $43,000          $43,000              $43,000               $43,000
                                               Total CDBG Request        $1,531,553         $1,059,000       $1,059,000           $1,059,000            $1,059,000
                                        Total CDBG Allocated+ PI         $1,060,145         $1,060,145       $1,060,145           $1,060,145            $1,060,145
                                        Allocated/Request Difference     ($471,408)             $1,145           $1,145               $1,145                $1,145

                                        Total Amt of Public Service*
                           Public Service mandated Amt ccllon Ser vices
(23 I)724-67 15            If you have questions contact Brett Kraley, Equipment Supervisor, at (231) 724-
FAX: (231)728-4371
                           6937.
Leisure Services
(231 )724-6704
FAX: (231)724- 11 96

Mayor's Office
                           Sincerel y d.


                           3
(23 I )724-670 I
FAX: (231)722- 12 14

Planning/Zoning
(231 )724-6702
FAX: (23 1)724-6790
                                   d
                           Brett Kraley
                                       ·-
                                              4      '}


                           Equipment Supervisor
Pollee Deplarlonent
(231 )724-6750
FAX: (231)722-5140

P u blic Works Dept.
(23 1)724-4 100
FAX: (23 1)722-4 188

T1·cnsurer's Office
(231 )724-6720
FAX: (231)724-6768

Water Dilling Depl.
(231 )724-671 8
FAX: (231)724-6768

Wn tcr Fillrallon
(231 )724-4 106
FAX: (231)755-5290
                               Department of Public Works & Utilities, 1350 E. Keating Street, Muskegon, MI 49441
                                                           www.shorelinecity.com
              CITY OF MUSKEGON DEPARTMENT OF PUBLIC WORKS
                       SAND/SNOW FENCE REMOVAL 2006


The City of Muskegon reserves the right to accept or reject any bids, to advertise for bids a
second time, to waive any defects or informalities in the bid and to award the bid as deemed in
the best interest of the City.

MANDATORY PRE-BID MEETING: Wednesday, March 29, 2006 at Pere Marquette Park at
the bathhouse at 2 p.m.

DUE DATE: Monday, April 3, 2006 by 2 p.m. Late bids will not be accepted and will be
returned unopened.

A 5% bid bond in the form of a cashier check or a bid bond must accompany all bids.

All bids must be sealed and marked "SAND/SNOWFENCE REMOVAL".

Bids must be submitted on proposal form provided in the bid packet; bids not submitted on the
proposal form will not be considered. Additional information may be attached.

SEND TO:
               City of Muskegon/City Hall
               Clerk's Office
               93 3 Terrace St.
               Muskegon, MI 49443
                                  CITY OF MUSKEGON
                              REQUEST FOR BID PROPOSALS

The City of Muskegon Department of Public Works is soliciting bids for sand/snow fence
removal at Pere Marquette. Bid packets are available at the:
                             City's Clerk Office
                             993 Terrace St
                             Muskegon, MI 49440
A mandatory pre-bid meeting will be held Wednesday, March 29, 2006 at 2 p.m. at Pere
Marquette at the bath house. All bids must be received in the Clerks Office by Monday, April 3,
2006 at 2:00p.m. local time. If you have any questions, you may contact Brett Kraley,
Equipment Supervisor at (231) 724-6937.

The City of Muskegon reserves the right to accept or reject any bids, to advertise for bids a
second time, to waive any defects or informalities in the bid and to award the bid as deemed in
the best interest of the City.
                        Sand/Snow Fence Removal Specifications
                                  City of Muskegon
                                                2006


LOCATION:

The portion ofPere Marquette Park known as Lake Michigan Beach from the Coast Guard
Station (north) to the City of Muskegon Water Filtration Plant (south)

DATE:

Work can proceed upon receiving a work order and approval of the Equipment Supervisor. Work
is to be satisfactory completed per Equipment Supervisor or his reps. by May 20, 2006.
Operational hours are between the hours of 6am-8pm. Note: Consideration must be given to
residents regarding noise and time of day. Leveling work will began on the north end of beach
first and proceeds south.


TIME TO COMPLETE WORK:

Contractor may incur $1000 per day penalty if work not completed by May 20, 2006


DESCRIPTION OF WORK:

Note: Not all items listed may be awarded.

Item "A" Snow fence Removal and Beach Leveling


Snow fence must be removed in a manner that will minimize damage to the fence and posts to
preserve it for future use. All fence material is to be rolled in tight rolls not to exceed 50 feet in
length. Fence posts must be removed in such a manner to prevent bending and distortion. All
materials used to attach fence to posts and fence to fence are to be disposed of in an
approved manner. Fence and posts are to be stacked in a central location or on a trailer/truck
provided by the city in the proximity of the job site as designated by the Equipment Supervisor.
Note: non-useable fence and posts are to be separated from good materials and disposed of by
the contractor in an acceptable manner. City will determine non-useable material.

Grading on the beach is to be a gradual slope from the sidewalk edge or road where there is no
sidewalk to the waters edge of Lake Michigan. Where there are sand accumulations from around
stationary objects, terraces and sidewalks shall be removed, deposited on the beach and rough
graded. Some of the deposited sand will be used by the contractor to create a play hill. Final
grades in the volleyball court area to be reasonably level (semi finished). Note: logs and other
such objects natural or man made (tires) are not to be buried. They are to be placed in a
designated area location for the city to haul away. Any sand areas located between concrete
surfaces must be finished to a grade no higher than the surrounding areas.


Item "B" Sand Removal Parking Lots:

In addition to removing snow fence around the parking lot(s) as specified in Item "A" remove
all sand accumulations from parking lots and between the lots in designated areas as marked on
the attached diagram. Remove sand from the bike path. All sand is to be returned to the beach
area and rough graded. Sand areas located between concrete surfaces and parking lots must be
excavated and finished to a grade no higher than the surrounding paved areas as designated on
the attached diagram.

Item "C" Leveling of sand:

Indicated by map "C" same manner as "A"

EQUIPMENT AND TIME:

Bidders must list the type and size of equipment to be used and estimate the total number of days
required to complete the work. Also required is hourly rate of equipment with the operator.
                            SAND/SNOW FENCE REMOVAL
                                                   2006
Item "A"       Snow Fence Removal and Beach Leveling: Cost         $_ _ _ _ _ _ _ _ _ _(LS)

List equipment, total number of days to complete the work and hourly rate of equipment with operator.




Item "B"       Parking Lot(s) Sand and Snow Fence Removal:
                                                       Cost        $._ _ _ _ _ _ _ _ _(.LS)

List equipment, total number of days to complete the work and hourly rate of equipment with operator.




Note: All items listed MAY NOT be awarded.
, Item "C"
  Name of Bidder:
Company:
Company's Address

City:--------·--------                                    State:                        Zip:
Phone: ( ) - - - - - - - Fax:                                      E-mail:
Signature of Bidder:                                                            Date:

SEND TO:                                                  CONTACT PERSON:
     City of Muskegon/City Hall                               Brett Kraley
     Clerks Office                                            Equipment Supervisor
     933 Terrace St.                                          (231) 724-6937
     Muskegon, MI 49443                                       Fax: (231) 722-6249


NOTE: The City of Muskegon reserves the right to accept or reject any bids, to advertise for bids a
second time, to waive any defects or informalities in the bid and to award the bid as deemed in the best
interest of the City.

MANDATORY PRE-BID MEETING WEDNESDAY, MARCH 29, 2006 AT 2:00 P.M. @ Pere
Marquette Park Bathhouse

ALL BIDS MUST BE SEALED AND MARKED "SAND/SNOW FENCE REMOVAL BID". THE
LAST DAY TO SUBMIT THE BID IS MONDAY APRIL 3, 2006 BY 2:00P.M.
       LETTERS OF RECOMMENDATION IN LIEU OF PERFORMANCE BOND


Four letters of sincere recommendation may be presented to the City Manager in lieu of a
performance bond when this Contract is under the amount of $50,000 and the successful
Bidder cannot produce the appropriate performance bond.

To use letters of recommendation for this purpose, your intention to do so must be
disclosed as part of your bid, so that a decision on acceptability can be made prior to the
contract award.

The four letters are to be presented prior to the execution of the Contract Agreement and
must be accompanied by the Statement of Bidder's Qualifications. Each of the four
letters should contain no less than the following information:

     THE LETTER OF RECOMMENDATION PACKAGE IS SUBJECT TO CITY MANAGER ANDIOR CITY
       COMMISSION APPROVAL PRIOR TO LETTING THE BID OR EXECUTING THE AGREEMENT.

SUMMARY OF INFORMATION TO BE INCLUDED IN EACH LETTER OF
RECOMMENDATION

1.       On letterhead of the recommending company, including name, address and
         phone number of the recommending company.

2.       Include reference to the name of the company being recommended.

3.       Include a brief description of the type of each of the projects the recommended
         company performed, the total dollars contracted for each, and the date of
         construction start and completion under each contract.

4.       Include a statement indicating how the company being recommended performed
         the work involved under the contracts, whether the recommended company
         accomplished the work satisfactorily and within the appropriate time limits of the
         contracts.

5.       Indicate if there was any default on the part of or litigation as a result of the
         recommended company.

6.       Indicate if, to the best of knowledge, all subcontractors andlor suppliers of labor
         or materials on each project were properly compensated by the company being
         recommended.

7.       Include a statement the same as, or similar to the following:

         "1, on behalf of my organization (or company by name) recommend this company
         (or the name of the company being recommended) as responsible and
         competent, and I believe they can capably perform construction work similar to
         that described in this letter in a timely and satisfactory manner."
 LAKE
MICHIGAN

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