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CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 23, 2002
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
• PRESENTATIONS:
• CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. Lighthouse Acres - Coast Guard License. LEISURE SERVICES
c. First Reading - Zoning Ordinance Amendment to allow Wireless
Communication Antennas to extend 30' above the structure to
which they are attached. PLANNING & ECONOMIC DEVELOPMENT
d. First Reading - Zoning Ordinance Amendment to allow signage for
Legal Businesses located in Residential Districts PLANNING &
ECONOMIC DEVELOPMENT
e. Budgeted Vehicle Purchases. DPW
f. First Reading. Zoning Ordinance Amendment to Require Minimum
Floor Sizes for Apartment Units. PLANNING & ECONOMIC
DEVELOPMENT
g. Set Public Hearing Date for Smartzone LDFA Plan. PLANNING &
ECONOMIC DEVELOPMENT
h. Set Public Hearing Date for Seaway Business Park LDFA Plan.
PLANNING & ECONOMIC DEVELOPMENT
City - MDOT Agreement for Roberts Street. Keating to Laketon.
ENGINEERING
j. Grant Request - Michigan Council for Arts and Cultural
Affairs/Muskegon County Museum. PLANNING & ECONOMIC
DEVELOPMENT
• PUBLIC HEARINGS:
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
a. First Quarter 2002 Budget Reforecast. FINANCE
b. Cemetery Building Renovations LEISURE SERVICES
c. First Reading - General Employees Retirement System. ASSISTANT
CITY MANAGER
d. Approval of Muskegon Lakeshore Smartzone Agreement.
PLANNING & ECONOMIC DEVELOPMENT
e. CMI Brownfield Redevelopment Grant Smartzone Property.
PLANNIING & ECONOMIC DEVELOPMENT
f. Approval of Contractor for completion of Rehabilitation of structure
at 1838 Jarman. COMMUNITY & NEIGHBORHOOD SERVICES
g. Award Construction Engineer Services/Shoreline Drive.
ENGINEERING
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
o CLOSED SESSION:
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Be recognized by the Chair.
• Step forward to the microphone.
• State name and address.
• Limit of 3 minutes to address the Commission.
• (Speaker representing a group may be allowed 1O minutes if previously registered with City Clerk.)
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CJTY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
Date: April 23, 2002
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the City
Commission Worksession that was held on Monday, April 8, 2002, and
the Regular Commission Meeting that was held on Tuesday, April 9,
2002.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 23, 2002
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City of
Muskegon was held at the City Hall, 933 Terrace Street, Muskegon, Michigan at
5:30pm, Tuesday April 23, 2002.
Mayor Warmington opened the meeting with a prayer from Commissioner
Shepherd, after which members of the City Commission and members of the
public joined in reciting the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington; Vice-Mayor Karen Buie: Commissioners
Stephen Gawron, William Larson, Robert Schweifler, Clara Shepherd and
Lawrence Spataro; City Manager Bryon Mazade, Assistant City Attorney John
Schrier and City Clerk Gail Kundinger.
2002-51 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the City Commission
Worksession that was held on Monday, April 8, 2002, and the Regular
Commission meeting that was held on Tuesday, April 9, 2002.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
b. Lighthouse Acres - Coast Guard License. LEISURE SERVICES
SUMMARY OF REQUEST: To sign a license agreement with the coast Guard for
the use of Lighthouse acre as a park for five years.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve
COMMITTEE RECOMMENDATION: Leisure Services Board Recommends
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve purchase of budgeted replacements for
a total cost of $85895.20 using Oakland County Purchasing.
f. FIRST READING. Zoning Ordinance Amendment to Require
Minimum Floor Sizes for Apartment Units. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2319 (Residential Design
Criteria) of Article XXIII (General Provisions) of the City's Zoning Ordinance to
require minimum floor sizes for apartment units.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to change the proposed language in the article and section
described above.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 4/11 meeting, with P. Veltkamp, M.
Kleaveland, and J. Aslakson absent.
g. Set Public Hearing Date for Smartzone LDFA Plan. PLANNING
& ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: to set the public hearing date for the Muskegon
Lakeshore Smartzone LDFA Development and Tax Increment Financing Plan.
FINANCIAL IMPACT: No direct impact. However, LDFA funds will be used to
finance projects within the district boundaries.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends a public hearing be set for
May 14, 2002.
COMMITTEE RECOMMENDATION: The LDFA board will meet on April 22, 2002
to review the plan.
h. Set Public Hearing Date for Seaway Business Park LDFA Plan.
PLANNING & ECONOMIC DEVELOPMENT
STAFF RECOMMENDATION: To set the public hearing date for the Seaway
Business Park LDFA Development and Tax Increment Financing Plan.
FINANCIAL IMPACT: No direct impact. However, LDFA funds will be used to
finance projects within the district boundaries.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends a public hearing be set for
May 14, 2002.
COMMITTEE RECOMMENDATION: The LDFA board will meet on April 22, 2002
to review the plan.
i. City - MOOT Agreement for Roberts Street. Keating to Laketon.
ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MOOT for the milling &
resurfacing of Roberts Street from Keating to Laketon and to approve the
resolution authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: MOOT participation is about $79,600 but not to exceed
81.85% of eligible cost. The estimated total (including engineering) cost of
the project is $120,000.
BUDGET ACTION REQUIRED: None a this time. The City's share of the cost will
come out of the Major Street Fund as was budgeted.
STAFF RECOMMENDATION: That the agreement and resolution be approved.
COMMITTEE RECOMMENDATION:
j. Grant Request - Michigan Council for Arts and Cultural
Affairs/Muskegon County Museum. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: To authorize a grant request to the Michigan Council
for Arts and Cultural Affairs (MCACA) on behalf of the Muskegon County
Museum in the amount of $100,000. The request is for the renovation of
Zemke House on Clay Avenue.
FINANCIAL IMPACT: None. Match requirements and other funding will come
from the Muskegon County Museum.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: None
Motion by Vice-Mayor Buie, second by Commissioner Shepherd to
approve the Consent Agenda.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington, Buie.
Nays: None
MOTION PASSED
2002-52 NEW BUSINESS:
a. First Quarter 2002 Budget Reforecast. FINANCE
SUMMARY OF AREQUEST: At this time staff is transmitting the First Quarter 2002
Budget Reforecast which outlines proposed changes to the original budget
that have come about as result of changes in policy priorities, labor
contracts, updated information, or other factors. For the next meeting, an
action item will be placed on the agenda for adoption of the proposed first
quarter budget reforecast together with any additional changes deemed
necessary by Commissioners.
FINANCIAL IMPACT: Not surprisingly, the first quarter 2002 Budget Reforecast
reflects a falloff in expected general fund revenues due to the economy.
Significant adjustments have been made in the areas of city income tax,
state shared revenues and interest income. Helping offset these losses are
stronger than expected building permit revenues and income tax penalties.
General fund expenditures are expected to be slightly less than originally
anticipated. This is due primarily to: 1) the elimination of the community
Center Design capital item based on recent Commission goal prioritization
and, 2) the elimination of the scheduled Budget Stabilization fund transfer
because the City was able to fund this item in 2001 . Offsetting these
positives, however, are higher than anticipated insurance and legal service
costs. Also, on a positive note, we're pleased to report that healthcare costs
will remain within budget expectations based on the recent selection of
Priority Health.
BUDGET ACTION REQUIRED: Self-explanatory.
STAFF RECOMMENDATION: The City Commission should review the Reforecast
to ensure it reflects their policy initiatives. At the next City Commission
meeting, staff will request formal approval of the Reforecast and related
budget amendment.
COMMITTEE RECOMMENDATION: There is no committee recommendation at
this time.
No action taken at this time.
b. Cemetery Building Renovations. LEISURE SERVICES
SUMMARY OF REQUEST: To award a contract to VanderVen Construction for
the interior renovations to the Cemetery office.
FINANCIAL IMPACT: $81,634
BUDGET ACTION REQUIRED: $70,000 is budgeted, so an additional $15,000
needs to be added to the budget, which includes the architects fees.
STAFF RECOMMENDATION: Approve
COMMITTEE RECOMMENDATIN:
Motion by Commissioner Larson, second by Commissioner Gawron to
accept the bid and award the contract to VanderVen Construction.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron, Larson.
Nays: None
MOTION PASSED
c. FIRST READING - General Employees Retirement System.
ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: Ordinance to be adopted by the City Commission
concerning changes relating to DPW and Leisure Services union employees.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: to adopt changes relating to DPW and Leisure
Services union employees concerning the General Employees Retirement
System as amended.
*Previously discussed with contract settlement. contract adopted February
2002.
COMMITTEE RECOMMENDATION:
Motion by Commissioner Spataro, second by Commissioner Schweifler to
adopt the changes relating to DPW and Leisure Services union employees
concerning the General Employees Retirement System as amended.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
Schweifler.
Nays: None
MOTION PASSED
d. Approval of Muskegon Lakeshore Smartzone Agreement.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: In order to proceed with the Smartzone project, an
agreement between the Michigan Economic Development Corporation
(MEDC), Grand Valley State University (GVSU), the City of Muskegon and the
Muskegon Local Development Finance Authority (LDFA) is necessary. The
Agreement outlines the rights and obligations of all parties. Therefore, the
Commission is requested to approve the Agreement.
FINANCIAL IMPACT: No direct impact, although LDFA funds are pledged for
the development of the Business incubator.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the Muskegon Lakeshore Smartzone
Agreement and authorize the Mayor to sign.
COMMITTEE RECOMMENDATION: The LDFA will be meeting on April 22 to
approve the Agreement.
Motion by Commissioner Schweifler, second by Commissioner Gawron to
approve the Muskegon Lakeshore Smartzone Agreement with supporting
documents and authorize the Mayor to sign.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd.
Nays: None
MOTION PASSED
e. CMI Brownfield Redevelopment Grant Smartzone Property.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Anne Couture is working with Lakefront LLC to secure
a CM! Brownfield Redevelopment Grant from the Michigan Department of
Environmental Quality. Although Lakefront LLC is contracting with Ms.
Couture for the grant preparation, the City of Muskegon must approve the
resolution applying for the grant funds.
FINANCIAL IMPACT: If approved for the grant, the funds will be used to cover
the costs of environmental remediation on the site which is not currently
covered by the current owner and other grant and private funds. The
amount being applied for is up to $1 Million.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and authorize the
Mayor and Clerk to sign.
COMMITTEE RECOMMENDATION: None
Motion by Commissioner Schweifler, second by Commissioner Larson to
approve the resolution and authorize the Mayor and Clerk to sign.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington.
Nays: None
MOTION PASSED
f. Approval of Contractor for completion of Rehabilitation of
structure at 1838 Jarman. COMMUNITY & NEIGHBORHOOD
SERVICES
SUMMARY OF REQUEST: To approve the contract with Holden Construction of
Muskegon for the completion of the rehabilitation of 1838 Jarman for Thirty
Thousand Nine Hundred Twenty ($30,920). The structure was obtained by the
City of Muskegon through the "Good Neighbor Program" from the U.S.
Department of Housing and Urban Development for the total cost of one
dollar($1.00). The Lead Base Paint Abatement has been completed, after
the final rehabilitation is completed the property will be sold to a qualified
family in accord with the City's neighborhood revitalization efforts.
FINANCIAL IMPACT: The funding for this project will be taken from the City's
HOME funds from fiscal year 2001.
BUDGET ACTION REQUIRED: None required.
STAFF RECOMMENDATION: To approve the Community and Neighborhood
Services selection.
COMMITTEE RECOMMENDATION: The Commission previously approved the
Lead Base Paint Abatement for this project.
Motion by Commissioner Spataro, second by Commissioner Schweifler to
approve the contract with Holden Construction of Muskegon for $30,920 for
rehabilitation of 1838 Jarman.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington, Buie.
Nays: None
g. Award Construction Engineer Services/ Shoreline Drive.
ENGINEERING
SUMMARY OF REQUEST: To enter into a construction engineering services
agreement with Fleis & Vandenbrink to perform the necessary plans review,
construction inspection, construction staking and testing. Furthermore, it is
requested that the award be contingent upon the successful execution of
the funding agreements between the City & MOOT.
We are anticipating the arrival of a costed proposal from Fleis & Vandenbrink
prior to the 23 of April. Upon receiving that proposal we will present you with
the information during the meeting.
Fleis & Vandenbrink is being recommended as a result of reviewing the
uncosted proposal as well as the interviews that included FTC&H and V3
consulting.
FINANCIAL IMPACT: The cost for the engineering services would be from the
grant to construct Shoreline Dr.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Enter into an engineering agreement with Fleis &
Vandenbrink Engineering.
Motion by Commissioner Larson, second by Commissioner Schweifler to
/
enter into an engineering agreement with Fleis & Vandenbrink Engineering.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington,
Buie, Gawron.
Nays: None
MOTION PASSED
2002-53 ANY OTHER BUSINESS:
An overview report was given by City Manager Bryon Mazade on Van's Car
Wash.
2002-54 PUBLIC PARTICIPATION:
Various comments were heard from the public.
2002-55 CLOSED SESSION: To discuss property acquisition.
Motion by Commissioner Spataro, second by Commissioner Schweifler to
close session at 6:43pm to discuss property acquisition.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron, Larson.
Nays: None
MOTION PASSED
Motion by Commissioner Schweifler, second by Commissioner Spataro to
return to open session at B:07pm.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson Schweifler
Nays: None
Absent: Shepherd
ADJOURNMENT: The Regular Commission Meeting for the City of Muskegon
was adjourned at 8:08pm.
Respectfully submitted,
Gail Kundinger, CMC/ AAE
City Clerk
Date: April 1 O, 2002
To: Honorable M~ayorand City Commissioners
From: RicScott t
1
(/-
RE: Coast Guard License.
SUMMARY OF REQUEST:
To sign a license agreement with the Coast Guard for the
use of Lighthouse acre as a park for five years
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Leisure Services Board Recommends approval
Affirmative Action
23 I /724-6703
FAX/722-1214
Assessor
23 I /724-6708
F AX/726-5181
Cemetery
23 I /724-6783
FAX/726-56 17
Civil Service
231/724-6716
F AX/724-4405 West MlchJgan's Shoreline CJty
C lerk
23 I /724-6705
FAX/724-4178
Date: April 10, 2002
Comm. & Neigh,
Senlces
231/724-6717
To: Honorable M,,v~City Commissioners
FAX/726-2501
From: Ric Scott /yr/t-rY --
E ngineering
231 /724-6707 Re: Coast Guard License
FAX/727-6904
Attached is a license agreement with the Coast Guard for
Finance
231/724-6713
the use of Lighthouse Acre as a park. This agreement is
FAX/724-6768 proposed to allow the city to use the park as we have
Fire Dept. been until the property can go through the process of
231/724-6792 being determined to be excess property. At that point,
FAX/724-6985
the property would be given to the City.
I n come Tax
23 1/724-6770 I would ask that you authorize the Mayor sign the
FAX/724-6768
agreement.
Info. Systems
231/724-6744 The Leisure Services Board approved the license
FAX1722-4301
agreement at their meeting in April.
Leis ure Service
23 I /724-6704 Thank you for your consideration.
FAX/724-1196
Man ager's Office
23 l /724-6724
FAX/722-1214
Mayor's Office
231/724-6701
FAX/722-1214
Inspection Services
231 /724-6715
FAX/726- 2501
Planning/Zoning
231/724-6702
FAX/724-6790
Police Dept.
231/724-6750
FAX/722-5140
Public Works
231/724-4 100
FAX/722-4188
Treasurer
231/724-6720 .
FAX/724-6768
Water DIiiing Dept.
231/724-6718
l•AX/724-' applies is:
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Commonly referred to as the former Teledyne site, with a common
;· address of700 Terrace. A legal description is attached.
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Copies of the proposed Development and Tax Increment Financing Plan, maps, plats, etc.
are on file at the office of the City Clerk for inspection during regular business hours.
At the public hearing, all interested persons desiring to address the City Commission
shall be afforded an opportunity to be heard in regard to the approval of the Development and
Tax Increment Financing Plan for the Local Development Finance Authority of the City of
Muskegon. All aspects of the of the Development and Tax Increment Financing Plan will be
open for discussion at the public hearing.
FURTHER INFORMATION may be obtained from the City Clerk.
This notice is given by order of the City Commission of the City ofMuskegon, Michigan.
Gail Kundinger
City Clerk
-3-
5. All resolutions and paiis of resolutions insofar as they conflict with the provisions
of this resolution be and the same hereby are rescinded.
AYES: Commissioners Gawron, Larson I Schweifler I Shepherd I Spataro.
Warmington, and Buie
NAYS: Commissioners - -None
= - = = = - - - - - - - - - - - -- -- - - - - -
RESOLUTION DECLARED ADOPTED.
Rw- a L~~
(fCity Clerk
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
ti
ii! the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
~ regular meeting held on April 23, 2002, and that said meeting was conducted and public notice
~ of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being
;:: Act 267, Public Acts of Michigan, 1976, as amended, and that the minutes of said meeting were
8
a kept and will be or have been made available as required by ~ai_rct.
~
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~ qify Clerk ~
DELIB:2314385. 1\063684-00031
-4-
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RIESENGA& Engineering
ASSOCIATES, INC. Surveying
Testing
Teledyne Property being purchased by Lakefront Development, LLC
Part of Blocks 554 and 558 of the Revised Plat of the City of Muskegon, as recorded in Liber 3 of
Plats, Page 71, Muskegon County Records, described as follows: COJ\l!MENCING at the most
Southerly comer of Block 556 of said plat; thence North 62 degrees 44 minutes 00 seconds West
1248.69 feet along the Northerly line ofTerrace Street extended; thence Westerly 269.86 feet along
said Northerly line on a 302.48 foot radius curve to the left, the chord of which bears North 88
degrees 17 minutes 30 seconds West 261.00 feet; thence North 46 degrees 09 minutes 15 seconds
West 85.84 feet along the line between Lots 5 and 6 of said Block 558 to the TRUE PLACE OF
BEGINNING, said point being on the Northerly line of that .parcel of land taken by the City of
Muskegon for the construction of Shoreline Drive, a pedestrian walkway and the relocation of the
railroad right of way, (said Northerly line being described in Schedule A attached to City of
Muskegon Resolution No. 98-87(f) and adopted by the City Commission on July 28, 1998); thence
continuing along said line between Lots 5 and 6 of said Block 558, North 46 degrees 09 minutes 15
seconds West 448.41 feet; thence North 27 degrees 25 minutes 55 seconds East 850;00 feet to an
intermediate traverse line along the shore of Muskegon Lake, said point being called "A", (said point
"A" being approximately 85' from the waters edge of Muskegon Lake; (the following eight (8) calls
being along said intermediate traverse line) thence South 65 degrees 45 minutes 16 seconds East
874.97 feet; thence North 26 degrees 49 minutes 35 seconds East 136. 75 feet; thence South 63
degrees 46 minutes 08 seconds East 283. 79 feet; thence North 29 degrees 04 minutes 15 seconds
East 189.14 feet; thence South 60 degrees 19 minutes 21 seconds East 182.84 feet; thence South 26
degrees 40 minutes 26 seconds East 320.52 feet; thence North 86 degrees 15 minutes 34 seconds
East 281.56 feet; thence South 50 degrees 57 minutes 54 seconds East 490.90 feet to a point on the
Northerly line of said parcel taken by the City, said point being called "B''; thence Northeasterly
131.86 feet, along a 1272.34 foot radius curve to the left, the chord of which bears North 70 degrees
5 8 minutes 46 seconds East 131.80 feet to the Northeasterly line of said Block 554; thence Northwest
along said Northeasterly line to the waters edge of Muskegon Lake; thence recommencing at said
point ''B"(the following seven (7) calls being along the Northerly line of said parcel taken by the
City), thence Southwesterly 416.86 feet, along a 1272.34 foot radius curve to the right, the chord of
which bears South 83 degrees 20 minutes 04 seconds West 415.00 feet; thence North 87 degrees 16
minutes 46 seconds West 904.15 feet; thence North 02 degrees 43 minutes 14 seconds East 55.00
feet; thence North 87 degrees 16 minutes 46 seconds West 120.00 feet; thence South 02 degrees 43
minutes 14 seconds West 55.00 feet; thence North 87 degrees 16 minutes 46 seconds West. 222.59
feet; thence Southwesterly 635.15 feet, along a 803.25 foot radius curve to the left, the chord of
which bears South 70 degrees 04 minutes 05 seconds West 618.73 feet to the place of beginning.
Together with all lands lying between the intermediate traverse line and the waters edge ofMuskegon
Lake and the Northeasterly line of said Block 554. Containing 34,2 acres more or less. Together with
and subject to easements of record.
D 570 East 16th Street, Suite 400 D 3522 Roger B. Chaffee " 11 3 West Savidge Street
Holland, Michigan 49423 Grand Rapids, Michigan 48548 Spring Lake, Michigan 49456
Ph. (616] 396-0255 Ph. (616) 245-5710 Ph. (616] 846-1960 ·-
Fax (616] 396-0100 Fax (616] 245-5725 Fax (616] 846-9655
Commission Meeting Date: April 23, 2002
Date: April 15, 2002
To: Honorable Mayor & City Commission
r LC,
From: Planning & Economic Development Department u.1
RE: Public Hearing Date for Seaway Business Park
LDFA Plan
SUMMARY OF REQUEST: To set the public hearing date for the
Seaway Business Park LDFA Development and Tax Increment
Financing Plan
FINANCIAL IMPACT: No direct impact. However, LDFA funds will be
used to finance projects within the district boundaries.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends a public hearing be
set for May 14, 2002.
COMMITTEE RECOMMENDATION: The LDFA board will meet on April
22, 2002 to review the plan.
NOTICE OF PUBLIC HEARING
CITY OF MUSKEGON
COUNTY OF MUSKEGON, MICHIGAN
ON THE ADOPTION OF THE
DEVELOPMENT AND TAX INCREMENT FINANCING PLAN
FOR THE
SEAWAY BUSINESS PARK
DISTRICT 4 LOCAL DEVELOPMENT FINANCE AUTHORITY
TO ALL INTERESTED PERSONS:
PLEASE TAKE NOTICE that the City Commission of the City of Muskegon, Michigan,
will hold a public hearing on Tuesday, the 14th day of May, 2002 at 5:30 o'clock, p.m., Eastern
Time, in the City Hall, 933 Terrace Street, Muskegon, Michigan, to consider the adoption of a
resolution adopting the Development and Tax Increment Financing Plan for the Seaway Business
Park, District 4 Local Development Financing Authority pursuant to the, Local Development
Financing Authority Act, Act 281 of the Public Acts of Michigan of 1986, as amended.
The boundaries of the district within which the local development finance authority shall
exercise its powers are as follows:
That part of the Southeast¼ of the Northwest¼, Section 31, Town 10 North, Range 16 West,
City of Muskegon, Muskegon County, Michigan, bounded by Park Street on the East, Hackley
Avenue on the South, Seaway Drive on the West, and Young Avenue on the North.
Maps, plats, and a description of the development plan, including the method of relocating
families and individuals who may be displaced from the area, are available for public inspection
at the office of the City Clerk, City Hall, 933 Terrace Street, Muskegon, MI. All aspects of the
Development Plan will be open for discussion at the public hearing.
At the public hearing, any taxing entity affected by the capture of tax increment revenue and any
interested persons desiring to address the City Commission shall be afforded the opportunity.
Written comments may be filed at any time before or during the hearing with the City Clerk, and
shall be received and considered before and at the hearing.
FURTHER INFORMATION may be obtained from the City Manager at (231) 724-6724.
This notice given by the order of the City Commission of the City of Muskegon, Michigan.
Clerk, City of Muskegon
Publish - two times, once on April 24th, in the Muskegon Chronicle, being 20 days before the
hearing, and again on a date before the hearing.
Mail to all taxing jurisdictions.
Retain affidavits of mailing and publishing.
SeawayLDFA
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Date: April 23, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City - MOOT Agreement for:
Roberts Street, Keating to Laketon
SUMMARY OF REQUEST:
To approve the attached contract with MOOT for the milling & resurfacing of Roberts
Street from Keating to Laketon and to approve the attached resolution authorizing the
Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT:
MOOT participation is about $79,600 but not to exceed 81.85% of eligible cost. The
estimated total (including engineering) cost of the project is $120,000.
BUDGET ACTION REQUIRED:
None at this time. The City's share of the cost will come out of the Major Street
Fund as was budgeted.
STAFF RECOMMENDATION:
That the attached agreement and resolution be approved.
COMMITTEE RECOMMENDATION:
RESOLUTION 2002- 5 1 ( i )
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE MILLING &
RESURFACING OF ROBERTS FROM KEATING TO LAKETON TOGETHER WITH NECESSARY
RELATED WORK AND AUTHORIZATION FOR MAYOR STEPHEN J. WARMINGTON AND CITY
CLERK GAIL A KUNDINGER TO EXECUTE SAID CONTRACT
Moved by Vice Mayor Bui e and supported by
Commissioner · She Qhe rd that the following Resolution be adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 02-5121 between the Michigan
Department of Transportation and the City of Muskegon for the resurfacing & widening of the
southbound exit ramp at US-31 and Sherman Blvd. within the City is in the best interests of the City of
Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 02-5121 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 23rd day of April , 2002.
ATTEST L 0, 4
Gail A. Kundinger, City Clerk
CERTIFI CATI ON
This resolution was adopted at a meeting of the City' Commission, held on
April 23 , 2002. The meeting was properly held and noticed pursuant to the Open
Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.
STATE OF MICHIGAN
JOHN ENGLER DEPARTMENT OF TRANSPORTATION GREGORY J. ROSINE
GOVERNOR LANSING DIRECTOR
May 7, 2002
Ms. Gail Kundinger, Clerk
City of Muskegon
933 Terrace Street, P.O. Box 536
Muskegon, Ml 49443-0536
Dear Ms. Kundinger:
RE: MDOT Contract Number: 02-5121
Control Section: STU 61407
Job Number: 49971
Enclosed is a fully executed copy of the above noted agreement.
Sincerely,
~·~
Jackie Burch
Contract Processing Specialist
Design Division
Enclosure
cc: D. Needham, Design Division
A. Christensen, Financial Operations Division
Grand Region Engineer
MURRAY D. VAN WAGONER BUILDING• P.O. BOX 30050 • LANSING, MICHIGAN 48909
www.':.'ichfgan.gov • (517) 373-2090
LH-LAN-0(11/01)
, ___ ----- _!
STP DIR
Project . STP 0261(326)
c~J ·_c'.s. :l Job Number 49971
· "'-;'.=' i\11'1 Control Section STU 61407
Fed Item# HH316O
Contract No, 02-5121
PART I
. THIS CO~RAC!, consisting of PART 2;ffl}2 PART II (Standard Agreement Provisions),
1Smadeandenteredmtothisdateof MAYO 7 · byandbetweentheMICHIGAN
DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT"; and
the CITY OF MUSKEGON, a Michigan municipal corporation, hereinafter referred to as the
"REQUESTING PARTY"; for the purpose of fixing the rights and obligations of the parties in
agreeing to the following improvements, in the City of Muskegon, Michigan, hereinafter referred
to as the "PROJECT" and estimated in detail on EXHIBIT "I", dated March 21, 2002, attached hereto
and made a part hereof:
Roadway reconstruction work along Roberts Street from Keating Avenue northerly to
Laketon A venue; including pavement removal, aggregate base conditioning, bituminous
pavement, drainage structure adjustment, concrete curb and gutter, and pavement marking
work; and all together with necessary related work.
WITNESSETH:
WHEREAS, pursuant to Federal law, monies have been provided for the performance of
certain improvements on public roads; and
WHEREAS, the reference "FHWA" in PART I and PART II refers to the United States
Department of Transportation, Federal Highway Administration; and
WHEREAS, the PROJECT, or portions of the. PROJECT at the request of the
REQUESTING PARTY, are being programmed with the FHWA, for implementation with the use
of Federal Funds under the following Federal program(s) or funding:
SURFACE TRANSPORTATION PROGRAM
WHEREAS, the parties hereto have reached an understanding with each other regarding the
performance ofthe PROJECT work and desire to set forth this understanding in the form of a written
contract.
09/06/90 STP.FOR 3/21/02 1
NOW, THEREFORE, in consideration of the premises and ofthe mutual undertakings ofthe
parties and in conformity with applicable law, it is agreed:
1. The parties hereto shall undertake and complete the PROJECT in accordance with
the terms of this contract.
2. The term "PROJECT COST", as herein used, is hereby defined as the cost of the
physical construction necessary for the completion of the PROJECT.
Costs for construction engineering and inspection incurred by the DEPARTMENT will be
charged 100 percent to the REQUESTING PARTY. Any other costs incurred by the
DEPARTMENT as a result of this contract will be at PROJECT COST.
The costs incurred by the REQUESTING PARTY for preliminary engineering, construction
engineering and inspection, and right-of-way are excluded from the PROJECT COST as defined by
this contract.
3. The DEPARTMENT is authorized by the REQUESTING PARTY to administer on
behalf of the REQUESTING PARTY all phases of the PROJECT including advertising and
awarding the construction contract for the PROJECT or portions of the PROJECT. Such
administration shall be in accordance with PART II, Section II of this contract.
Any items of the PROJECT COST incurred by the DEPARTMENT may be charged to the
PROJECT.
4. The REQUESTING PARTY, at no cost to the PROJECT or to the DEPARTMENT,
shall:
A. Design or cause to be designed the plans for the PROJECT.
B. Appoint a project engineer who shall be in responsible charge of the
PROJECT and ensure that the plans and specifications are followed.
C. Perform or cause to be performed the construction engineering and inspection
services necessary for the completiqn of the PROJECT.
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.
09/06/90 STP.FOR 3/21/02 2
5. The PROJECT COST shall be met in part by contributions by the Federal
Government. Federal Surface Transportation Funds shall be applied to the eligible items of the
PROJECT COST at the established Federal participation ratio equal to 81.85 percent up to an
amount not to exceed $86,008. The balance 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.
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 ofprogress billings from the DEPARTMENT as herein provided.
All payments will be made within 30 days ofreceipt ofbillings from the DEPARTMENT. Billings
to the REQUESTING PARTY will be based upon the REQUESTING PARTY'S share of the actual
costs incurred less Federal Funds earned as the PROJECT progresses.
In the event of any discrepancies between PART I and PART II, the provisions of PART I
shall prevail.
7. Upon completion of construction of the PROJECT, the REQUESTING PARTY will
promptly cause to be enacted and enforced such ordinances or regulations as may be necessary to
prohibit parking in the roadway right-of-way throughout the limits of the PROJECT.
8. The performance of the entire PROJECT under this contract, whether Federally
funded or not, will be subject to the provisions and requirements of PART II that are applicable to
a Federally funded project.
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 constru9tio11 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.
09/06/90 STP.FOR 3/21/02 3
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 ofremediation. As a result, the REQUESTING
PARTY has included all estimated costs ofremediation of such hazardous substances in its estimated
cost of construction of the PROJECT.
10. If, subsequent to execution ofthis 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 ofEnvironmental Quality, shall immediately notify the DEPARTMENT, both orally and
in writing of such discovery. The DEPARTMENT,shall consult with the REQUESTING PARTY
to determine if it is willing to pay for the cost of remediation and, with the FHWA, to determine the
eligibility, for reimbursement, of the remediation costs. The REQUESTING PARTY shall be
charged for and shall pay all costs associated with such remediation, including all delay costs of the
contractor for the PROJECT, in the event that remediation and delay costs are not deemed eligible
by the FHWA. If the REQUESTING PARTY refuses to participate in the cost of remediation, the
DEPARTMENT shall terminate the PROJECT. The parties agree that any costs or damagesthat the
DEPARTMENT incurs as a result of such termination shall be considered a PROJECT COST.
11. If federal and/or state funds administered by the DEPARTMENT are used to pay the
cost of remediating any hazardous substances discovered after the execution of this contract and if
there is a reasonable likelihood 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 shall 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 all approvals of, reviews of, and recommendations regarding contracts, agreements,
permits, plans, specifications, or documents, of any nature, or any inspections of work by the
DEPARTMENT or its agents pursuant to the terms of this contract are done to assist the
REQUESTING PARTY in meeting program guidelines in order to qualify for available funds. Such
approvals, reviews, inspections and recommendations by the DEPARTMENT or its agents shall not
relieve the REQUESTING PARTY and the local agencies, as applicable, of their ultimate control
and shall not be construed as a warranty of their propriety or that the DEPARTMENT or its agents
is assuming any liability, control or jurisdiction.
09/06/90 STP.FOR 3/21/02 4
The providing ofrecommendations or advice by the DEPARTMENT or its agents does not
relieve the REQUESTING PARTY and the local agencies, as applicable of their exclusive
jurisdiction of the highway and responsibility under MCL 691.1402, MSA 3 .996(102).
When providing approvals, reviews and recommendations under this contract, the
DEPARTMENT or its agents is performing a governmental function, as that term is defined inMCL
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 ofMCL 691.1402; MSA 3.996(102). Exclusive jurisdiction of such highway for the
purposes ofMCL 691.1402; MSA 3 .996(102) rest with the REQUESTING PARTY and other local
agencies having respective jurisdiction.
14. The REQUESTING PARTY shall approve all of the plans and specifications to be
used on the PROJECT and shall be deemed to have approved all changes to the plans and
specifications when put into effect. It is agreed that ultimate responsibility and control over the
PROJECT rests with the REQUESTING PARTY and local agencies, as applicable.
15. The 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.
16. 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, agl)nts and employees, the REQUESTING
PARTY and any other party with jurisdiction for the roadway being
constructed as the PROJECT, and their employees, for the duration of the
PROJECT and to provide copies of certificates of insurance to the insureds.
It is understood that the DEPARTMENT does not assume jurisdiction of the
highway described as the PROJECT as a result ofbeing named as an insured
on the owners protective liability insurance policy.
09/06/90 STP.FOR 3/21/02 5
C. Comply with the requirements of notice of cancellation and reduction of
insurance set forth in the current standard specifications for construction and
to provide copies of notices and reports prepared to those insured.
17. This contract shall become binding on the parties hereto and of full force and effect
upon the signing thereof by the duly authorized officials for the parties hereto and upon the adoption
of the necessary resolutions approving said contract and authorizing the signatures thereto of the
respective officials of the REQUESTING PARTY, a certified copy of which resolution shall be .
attached to this contract.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
day and year first above written.
CITY OF MUSKEGON MICHIGAN DEPARTMENT
OF TRANSPORTATION
irector MDO'l'
By:_:,E~~--1.:~~~~~
Title: Gail
City
09/06/90 STP.FOR 3/21/02 6
March 21, 2002
EXHIBIT I
PROJECT STP 0261(326)
JOB NUMBER 49971
CONTROL SECTION STU61407
ESTIMATED COST
CONTRACTED WORK
Estimated Cost $97,300
COST PARTICIPATION
GRAND TOTAL ESTIMATED COST $97,300
Less Federal Funds* $79,600
BALANCE (REQUESTING PARTY'S SHARE) $17,700
*Federal Funds shall be applied to the eligible items of the PROJECT COST at a participation ratio
equal to 81.85 percent up to an amount not to exceed $86,008.
NO DEPOSIT
09/06/90 STP.FOR 3/21/02 7
DOT TYPEB
BUREAU OF illGHWAYS
03-15-93
PART II
STAND ARD AGREEMENT PROVISIONS
SECTION I COMPLIANCE WITH REGULATIONS AND DIRECTIVES
SECTION II PROJECT ADMINISTRATION AND SUPERVISION
SECTION ill ACCOUNTING AND BILLING
SECTION IV MAINTENANCE AND OPERATION
SECTION V SPECIAL PROGRAM AND PROJECT CONDITIONS
1
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 following
Directives of the Federal-Aid Policy Guide (FAPG) of the FHWA, as applicable, and as
referenced in pertinent sections of Title 23 of the Code of Federal Regulations (CFR), and
all supplements and amendments thereto.
I. Engineering
a. FAPO (23 CFR 1400): Payroll & Related Expense of Public Employees;
General Administration and Other Overhead; and Cost Accumulation Centers
and Distribution Methods
b. F APO (60 I 2.1 ): Preliminary Engineering
c. F APO (23 CFR 172): Administration of Engineering and Design Related
Service Contracts
d. F APO (23 CFR 635A): Contract Procedures
2. Construction
a. F APO (23 CFR 140E): Administrative Settlement Costs-Contract Claims
b. F APO (23 CFR 140B): Construction Engineering Costs
C. FAPG (23 CFR 1400): Reimbursement for Employment of Public
Employees on Federal-Aid Projects ,
d. F APO (23 CFR 17): Recordkeeping and Retention Requirements for Federal-
Aid Highway Records of State Highway Agencies
e. FAPG (23 CFR 635A): Contract Pr~cedures
f. F APG (23 CFR 635B): Force Account Construction
g. F APG (23 CFR 645A): Utility Relocations, Adjustments and Reimbursement
03-15-93 2
h. FAPG (23 CFR 64513): Accommodation of Utilities (PPM 30-4.1)
i. FAPG (23 CFR 655F): Traffic Control Devices on Federal-Aid and other
Streets and Highways
3. Modification Or Construction Of Railroad Facilities
a. FAPG (23 CPR 1401): Reimbursement for Railroad Work
b. FAPG (23 CPR 646B): Railroad Highway Projects
C. In conformance with FAPG (23 CPR 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:
1. 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 ofthe PROJECT work.
Prior to advertising of the PROJECT for receipt of bids, the.REQUESTING PARTY may
delete any portion or all of the PROJECT work. After receipt of bids for the PROJECT, the
REQUESTING PARTY shall have the right to reject the amount bid for the PROJECT prior
to the award of the contract for the PROJECT only if such amount exceeds by twenty percent
(20%) the final engineer's estimate therefor. If such rejection of the bids is not received in
writing within two (2) weeks after letting, the DEPARTMENT will assume concurrence.
The DEPARTMENT may, upon request, readvertise the PROJECT. Should the REQUEST-
ING PARTY so request in writing within the aforesaid two (2) week period after letting, the
PROJECT will be cancelled and the DEPARTMENT will refund the unused balance of the
deposit less all costs incurred by the DEPARTMENT.
C. The DEPARTMENT will perform such inspection services on PROJECT work performed
by the REQUESTING PARTY with its own forces as is required to ensure compliance with
the approved plans & specifications.
D. On those projects funded with Federal monies, the DEPARTMENT shall as may be required
secure from the FHWA approval of plans and specifications, and such cost estimates for
FHWA participation in the PROJECT COST.
E. All work in connection with the PROJECT shall be performed in conformance with the
Michigan Department of Transportation Standard Specifications for Construction, and the
supplemental specifications, Special Provisions and plans pertaining to the PROJECT and
all materials furnished and used in the construction of the PROJECT shall conform to the
aforesaid specifications. No extra work shall be performed nor changes in plans and
specifications made until said work or changes are approved by the project engineer and
authorized by the DEPARTMENT. .
03-15-93 4
F. Should it be necessary or desirable that portions of the work covered by this contract be
accomplished by a consulting firm;
a railway company, or governmental agency, firm,
person, or corporation, under a subcontract with the REQUESTING PARTY at PROJECT
expense, such subcontracted arrangements- will be covered by formal written agreement
between the REQUESTING PARTY and that party.
This formal written agreement shall: include a reference to the specific prime contract to
which it pertains; include provisions which clearly set forth the 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 costcriteriasuchas49 CFRPart 18,48 CFRPart31,23 CFRPart 140, 0MB
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" F APO (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 costto 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 ofthe PROJECT with railway companies,
the Railroad Safety & Tariffs Division of the J)EP ARTMENT 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 a11 costs and expenses
incurred in the performance of the work it agrees to undertake and perform.
K. The REQUESTING PARTY shall pay direetly 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 with
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 ID
ACCOUNTING AND BILLING
A. Procedures for billing for work undertaken by the REQUESTING PARTY:
1. 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 Qf the Notice of Audit Results, the
REQUESTING PARTY shall: (a) respond i._r1writing to the responsible Bureau or the
DEPARTMENTindicating whetherornodtconcurs 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 DEPARTMENT.
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. Ifthe 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 REQUES'IJNG 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 ofl951
PA 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 of Treasury 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 (0MB) Circular A-133, as revised or
amended.
03-15-93 8
The agency shall submit two copies of:
The Reporting Package
The Data Collection Form
The management letter to the agency, if one issued by the audit firm
The 0MB 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 0MB 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 F APG Directives and Guidelines qf the FHWA.
3. 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 firm, 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
03-15-93 9
billing. All billings shall be labeled either "Progress Bill Number _ _ _ ", or
"Final Billing". -
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 FHWA, 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:
1. 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 fjnal or end of fiscal year billing. Should
the DEPARTMENT detennine 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:
1. 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 DEPARTMENT 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 IL If
the REQUESTING PARTY shall fail to make any of its required payments when
due, as specified herein, the DEPARTMENT shall inunediately 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 (10) 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 tl)is contract and fmal audit by the
DEPARTMENT or the FHWA, the REQl!ESTING 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 11
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 FHWA, 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 (I 00%) 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 ofthe 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 ofUniform 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 F APG (23 CFR 645B): Occupancy
ofnon-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, ifrequired.
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 FHWA 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 FHWA, all
monies distributed as the FHWA'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 (] 0th) fiscal year following the fiscal year in which the FHWA 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 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 ofTraµsportation (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:
1. In accordance with Act No. 453, Public Acts of1976, the contractor hereby agrees notto discriminate against an employee
or applicant for employment with respect 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, tennre, 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 of the 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 pnhlished 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 of investigation 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 theAdministrative'Board of the State of Michigan, 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 snch
possible remedy and shall be given the option by the Civil Rights Commission to participate in snch proceedings.
9. The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (1) through (8) in
every subcontract or pnrchase 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)
APPENDIXB
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 49, 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 t.penditures
1.199.850 1.053J28 $ 1095131 306 009 28% $ 1 095,131
' 1095131 0.00%
5200 Operating Supplies $ s $ $ NIA $ s s 0.00%
5300 Contractual Services 374,267 536,089 870,000 149,776 20% 756,000 {114 000) 870,000 15.08% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR_DETAIL
s 374.267 s 536 089 $ 870,000 s 149 776 20% $ 756.000 s {114 000) S 870,000 15.08%
1,574,117 1,589,317 1 851,131 s 1,965,131
Available Fund Balariee - EOY
's 122,966
' 156,747
$ 1 965131
106,179
$ 455 785 25% $
57,279 106,179
6.16%
' $ $ (32,504) $ $ (48,900) $
City of Muskegon
1st Quarter Budget Reforecast - Non-General Funds
% Change
Original Budget Actual Thru March Actual As% Revtsed Estimate Change From Original Budget From 2001
Actual 2000 Actual 2001 Estimate 2002 2002 of Revised 2002 2002 Original Estimate 2002 Revised Comments
230 Enterprise Community Fund
Available Fund Balance. BOY $ $ $ s $ s
Revenues
Special assessments $ $ $ s $ $ s 0.00%
Federal grants 633 85.494 180,000 180,000 180,000 0.00%
State shared revenue 0.00%
Charges for services 0.00%
Interest income 0.00%
Operating transfers in 0.00%
Other 0.00%
633 $ 85.494 s 180.000 s s 180 000 $ s 180,000 0.00%
60900 Operating Expenditures
5100 Salaries & Benefits $ $ s $ NIA s $ s 0.00%
5200 Operating Supplies NIA 0.00%
5300 Contractual Services 633 85.494 180,000 1.439 1% 180,000 180,000 0.00%
5400 Other Expenses NIA 0.00%
5700 Capital Outjays NIA 0.00%
5900 ---- Other Financi u,~ NIA 0.00%
633 $ 85.494 s 180 000 $ 1 439 1% s 180,000 $ $ 180 000 0.00%
90000 Project Expenditures
5200 Operating Supplies $ $ s $ NIA s $ $ 0.00%
5300 Contractual Services NIA 0.00%
$ $ s $ NIA $ $ $ 0.00%
$ 633 $ 85.494 s 180,000 $ 1.439 1% s 180.000 $ 180.000 0.00%
Available Fund Balance. EOY $ $ s $ 1.439 s $ $
City of Muskegon
1st Quarter Budget Reforecast - Non-General Funds
% Change
Original Budget Actual Thru March Actual As% Revised Estimate Change From Origin;;il Budget From 2001
Actual 2000 Acltial2001 Estimate 2002 2002 of Revised 2002 2002 Original Estimate 2002 Revised Comments
254 LC. Walker Arena Fund
Available Fund Balance. BOY $ 3A26 $ 3.861 $ 17,945 $ 19,133 $ 19,133 $ 1,188 $ 17,945
Revenues
Special assessments $ $ $ $ $ $ $ 0.00%
State grants 0.00%
State shared revenue 0.00%
Charges for services 505,229 561,449 590,000 262,216 590,000 590,000 0.00%
Interest income 24 500 190 500 500 0.00%
Opera~ng transfers in 346,000 301,000 271,837 67.959 271,837 271,837 0.00% GENERAL FUND TRANSFER- OPERATING SUBSIDY
Other 3,848 520 5,000 5 000 5.000 0.00%
$ 855101 $ 862 969 $ 867 337 $ 330,365 $ 867 337 $ $ 867 337 0.00%
70805 Operating Expenditures
5100 Salaries & Benefits $ 11,120 $ 11,543 $ 11,837 $ 3,067 26% $ 11,837 $ $ 11,837 0,00%
5200 Operating Supplies NIA 0.00%
5300 Contractual Services 842,086 835,912 870,000 240,553 28% 870,000 870,000 0.00%
5'00 Other Expenses NIA 0.00%
5700 Capital Outlays 1,460 2'2 NIA 0.00%
5900 Other Financin Uses NIA 0.00%
854,666 $ 847 697 $ 881 837 $ 243,620 28% $ 881,837 $ $ 881,fl37 ---- Q.00%
90000 Project Expenditures
5200 Operatjng Supplies $ $ $ $ NIA $ $ $ 0.00%
5300 Contractual Services NIA 0.00%
$ $ $ NIA s $ $ 0.00%
854 666 $ 847,697 $ 881 837 $ 243,620 28% s 881.837 $ 881,837 0.00%
s
Available Fund Balance. EOY $ 3,861 $ 19,133 $ 3,445 $ 105,878 4,633 $ 1,188
' 3,445
City of Muskegon
1st Quarter Budget Reforecast - Non-General Funds
% Change
Original Bucl{iet Actual Thru March Actual As% Revised Estimate Change From Original Budget From 2001
Actual 2000 Actual 2001 Estimate 2002 2002 of Revised 2002 2002 Original Estimate 2002 Revised Comments
403 Sidewalk Improvement Fund
Available Fund Bala nee· BOY s 63,295 $ 613,738 $ 41,325 $ (95,006) $ (95,006) $ (136,331) $ 4(325
Revenues
Special assessments s 459,927 $ 239,318 $ 500,000 $ $ 500,000 $ $ 500,000 0,00%
Federal grants 0.00%
State shared revenue 0.00%
Charges for seNices 0.00%
Interest income 39,198 60,374 20,000 425 20,000 20,000 0,00%
Operating transfers in 97,219 100,000 100,000 100,000 0.00%
Other 826,066 800,000 800,000 800,000 0.00% PROPOSED ISSUANCE OF SIDEWALK ASSESSMENT BONDS
s 1.422.412 $ 299,692 $ 1.420,000 $ 425 $ 1.420,000 s s 1.420,000 0.00%
30906 Operating Expenditures
5100 Salaries & Benefits s $ s s NIA s s s 0.00%
5200 Operating Supplies NIA 0.00%
5300 Contractual Services NIA 0.00%
5400 Other Expenses NIA 0.00%
5700 Capital Outja}'S NIA 0.00%
5900 Other Financi!J9 Uses 143.014 373.443 401.612 0% 401.612 401.612 0.00% DEBT SERVICE
$ 143.014 $ 373.443 s 401.612 s 0% s 401 612 $ $ 401.612 0.00%
90000 Project Expenditures
5200 Operating Supplies $ $ s s NIA s $ $ 0.00%
5300 Contractual Services 568,030 622,656 600,000 4,781 2% 300,000 (300,000) 600,000 100.00% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
5400 Other Expenses 6,520 12,337 NIA 0.00%
_§_900 Other Financin Uses 154.405 NIA 0.00%
s 728955 $ 634 993 s 600.000 $ 4.781 2% $ 300,000 $ {300,000) $ 600,000 100.00%
s 871.969 $ 1 008436 s $ $ 701 612 $ 1 001 612 42.76%
Available Fun~a!anee. EOY s 613.738 $ (95.006) S
1.001.612
459.713 $
4.781
(99,362)
" $ 623,382 $ 163,669 $ 459.713
City of Muskegon
1st Quarter Budget Reforecast - Non-General Funds
% Change
Original Budget Actual Thru March Actual As% Revised Estimate Change From Original Budget From2001
Actual 2000 Actual 2001 Estimate 2002 2002 of Revised 2002 2002 Original Estimate 2002 Revised Comments
404 Public Improvement Fund
Available Fund Balance" BOY $ 1,354,812 $ 421,441 $ 1.400,338 $ 1,564,898 $ 1,564,898 $ 164,560 $ 1.400,338
Revenues
Special assessments $ $ s s $ $ $ 0.00%
Property taxes 0.00%
Federal grants 295,200 26,450 295,200 295,200 0.00% EDA GRANT FOR SEAWAY INDUSTRIAL PARK
Contributions 1,200,000 0.00%
Sales of Property 148,053 76,257 100,000 20,499 100,000 100,000 0.00%
Interest income 51,375 31,890 25,000 8,600 25,000 25,000 0.00%
Operating transfers in 220,000 450,000 150,000 37,500 150,000 150,000 0.00% GENERAL FUND TRANSFER- FIRE EQUIPMENT RESERVE
Other 35.643 31.859 0.00%
s 455 071 s 1 790 006 $ 570,200 $ 93,058 $ 570,200 s $ 570.200 0.00%
30936 Operating Expenditures
5100 Salaries & Benefits $ s $ $ NIA $ s $ 0.00%
5200 Operating Supplies NIA 0.00'/4
5300 Contractual Services 26,450 NIA 0.00%
5400 Other Expenses NIA 0.00%
5700 Capital Outlays NIA 0.00%
5900 Other Financlo9. Uses 105,000 NIA 0.00%
105,000 $ s s 26 450 NIA $ $ $ 0.00%
90000 Project Expenditures
5200 Operating Supplies $ $ $ $ NIA $ $ s 0.00%
5300 Contractual Services 696,960 53,375 3,144 NIA 0.00%
5400 Other Expenses NIA 0.00%
5700 CaQital Outla~ 586,482 593.174 224,000 61 852 28% 224,000 224000 0.00% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
1,283,442 $ 646,549 $ 224,000 $ 64,996 29% s 224,000 $ s 224,000 0.00%
1,388,442 s 546549 $ 224,000 $ 91446 41% s 224,000 $ 224,000 0.00%
Available Fund Balance. EOY s 421,441 $ 1,564,898 $ 1,746,538 $ 1,566.510 $ 1,911,098 s 154,560 $ 1.746.538
City of Muskegon
1st Quarter Budget Reforecast - Non-General Funds
% Change
Original Budget Actual Thru March Actual As% Revised Estimate Change From Original Budget From 2001
Actual 2000 Actual 2001 Estimate 2002 2002 of Revised 2002 2002 Original Estimate 2002 Revised Comments
474 Coastal Zone Management Fund
$ 2,627 s 2,627 2,627 s
' '
Available Fund Balance - BOY $ (2,627) $
Revenues
Special assessments s s $ s
State grants
Federal grants 23,480
' ' ' 0.00%
0.00%
0.00%
Sales of Property 0.00%
Interest income 0.00%
Operating transfers in 20,853 0.00%
Other 0.00%
s 44,333 $ $ $ $ $ 0.00%
30936 Operating Expenditures
5100 Salaries & Benefits s $ NIA $
'
$ $ $ 0.00%
5200 Operating Supplies NIA 0.00%
5300 Contractual Services NIA 0.00%
5400 Other Expenses NIA 0.00%
5700 Capital Ou~ays NIA 0.00%
~ __Q)h~r Financi Uses NIA 0.00%
s $ NIA
90000 Project Expenditures
' $ $ $ 0.00%
$200 s s $
'
Operating Supplies NIA $ $ $ 0.00%
$300 Contractual Services 46,960 3,143 NIA 0.00%
5700 Ca ital Outla NIA 0.00% SEE "BUDG~E;_Q_ CAPITAL IMPROVEMENTS" FOR DETAIL
s 46,960 $ 3,143 NIA $ $
s 46960 $ '' 3,143 NIA $
$
$
0,00%
0.00%
Available Fund BalanCf:!__: EO_.Y_ $ 2,627 s $ 2.627
' (3,143) $ $ )2,627)
City of Muskegon
1st Quarter Budget Reforecast - Non-General Funds
% Change
Origin.al Budget Actual Thru March Actual As % Revised Estimate Change From Original Budget From 2001
Actual 2000 Actual 2001 Estimate 2002 2002 of Revised 2002 2002 Original Estimate 2002 Revised Comments
482 State Grants Fund
Available Fund Balance. BOY s
Revenues
Special assessments s $ $ $ $ $ s 0.00%
State grants 275,965 363,056 2,778,099 105,949 2,778,099 2,778,099 0.00%
Federal grants 73,386 406,614 0.00%
Sales of Property 0.00%
Interest income 0.00%
OperaUng transfers in 601,173 693,281 346,000 346,000 346,000 0.00% LOCAL MATCHES
Othe_,_ _ _ _ _ 1,000,000 1,000,000 1,000,000 0.00% CORE COMMUNITIES Gf½l:.J.l
s 950,524 $ 1.462,951 $ 4,124 099 $ 105.949 s 4,124.099 $ $ 4,124.099 0.00%
30936 Operating Expenditures
5100 Salaries & Benefits s $ $ s NIA s s $ 0.00%
5200 Operating Supplies NIA 0.00%
5300 Contractual Services NIA 0.00%
S400 Other Expenses NIA 0,00%
5700 Capital Outlays NIA 0.00%
sooo Other Financi Uses NIA 0.00%
s $ $ s NIA s s $ 0.00%
90000 Project Expenditures
5200 Operating Supplies s $ $ s NIA s s $ 0.00%
5300 Contractual Services 950,524 1,283.344 37,895 NIA 0.00%
5700_ caeital Ou~a~ 179.607 4.124.099 48,643 1% 4124.099 4,124,099 0.00% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
$ 950524 $ 1462.951 $ 4124099 s 86.538 2% s 4.124.099 s $ 4124 099 0.00%
s 950524 $ 1.462.951 $ 4,124,099 s 86,538 2% s 4,124,099 $ 4,124,099 0.00%
Available F!.!.1!.i!!lalance - E;OY $ $ $ s 19,411 $ $
City of Muskegon
1st Quarter Budget Reforecast - Non-General Funds
% Change
Original Budget Actual Thn.1 March Actual k:, % Revised Estimate Change From Original Budget From 2001
Actual 2000 Actual 2001 Es~mate 2002 2002 of Revised 2002 2002 Original Estimate 2002 Revised Comments
594 Marina & Launch Ramp Fund
Available Cash Balance. BOY s 62,225 s 2,292 $ 126,329 $ 66,148 $ 66,148 $ (60,181) $ 126,~9
Revenues
Special assessments s s $ $ $ $ $ 0.00%
State grants 159,150 122,500 122,500 122,500 0.00%
State shared revenue 0.00%
Charges for services 273,456 292,144 276,600 90,642 276,600 276,600 0.00%
Interest income 5,184 1,544 5.000 353 5,000 5,000 0.00%
Operating transfers in 0.00%
~ 10,797 2,128 0,00"/4
s 289.437 $ 454 966 $ 404.100 $ 90 995 $ 404100 $ $ 404100 0.00%
70756 Operating Expenditures
5100 Salaries & Benefits s 74.283 114,172 $
5200
5300
Operating Supplies
Contractual Services
17,771
143,006
' 92,244
7,942
127,477
$ 114,172
9,650
100,223
$ 10,015
360
11,934
9%
4%
12%
$
9,650
100,223
$ 114,172
9,650
100,223
0.00%
0.00%
0.00%
5400 Other Expenses 2,307 545 1,000 0% 1,000 1,000 0.00%
5700 Capital Outlays 1,350 561 NIA 0.00%
5900 Other Financing Uses (841) NIA 0.00%
Other Cash Uses (e.g. Debt
Pfincip;il) 5,126 NIA 0.00%
s 237 876 s 223 643 $ 225.045 $ 22,309 10% $ 225,045 s $ 225 045 0.00%
90000 Project Expenditures
5200 Opera~ng Supplies s s $ $ NIA $ s $ 0.00%
5300 Contractual Services 111,494 167,467 245.000 90,070 37% 245,000 245,000 0.00% SEE "BUDGETED CAPITAL \MPROVEMENTS" FOR DETAIL
5700 Cai:,ital Outlal'!:, NIA 0.00%
111,494 s 167.467 $ 245.000 $ 90.Q70 37% $ 245.000 s $ 245,000 0.00%
349,370 s 391110 $ 470.045 $ 112 379 24% $ 470 045 $ 470.045 0.00%
~"!:ailable Cash Balance. EOY $ 2,292 s 66,148 $ 60.384 $ 44.764 $ 203 s (60,181) $ 60,384
City of Muskegon
1st Quarter Budget Reforecast • Non-General Funds
% Change
Original Budget Actual Thru March Actual As % Revised Estimate Change From Original Budget From 2001
Actual 2000 Actual 2001 Estimate 2002 2002 of Revised 2002 2002 Original Estimate 2002 Revised Comments
584 Municipal Golf Course Fund
Available Cash Balanee • BOY 1,151,296 492,650 492,650
Revenues
' 1,554,213 $ $ 567.480 $ $
' (74.830) $ 567.480
'
Special assessments $ $ $ $ $ $ 0.00%
State grants 0.00%
State shared revenue 0.00%
Charges for services 0.00%
Interest income 86,159 55.488 40,000 3,033 40,000 40,000 0.00%
Operating transfers in 0.00%
o•~ 0.00%
$ $ $
70542 Operating Expenditures
$ 86159
' 55.488 $ 40 000
' 3 033 40.000 40,000 0.00%
5100 Salaries & Benefits $ $ $ $ NIA $ $ $ 0.00%
5200 Operating Supplies NIA 0.00%
5300 Contractual SeNices 2,903 NIA 0.00%
5400 Other Expenses NIA 0.00%
5700 Capital Ou~ays NIA 0.00%
5900 Other Financing Uses 496,173 714,134 241,000 0% 241,000 241,000 0.00% LOCAL MATCH FOR TRAIL PROJECT GRANTS
Other Cash Uses (e.g .. Debt
Princi al NIA 0.00%
s 499 076 $ 714,134 s 241,000 $ 0% $ 241 000 $ $ 241,000 0.00%
90000 Project Expenditures
5200 Operating Supplies $ $ $ $ NIA $ $ $ 0.00%
5300 Contractual Services NIA 0.00%
5700 Ca ital Outla NIA 0.00%
$ $ $ $ NIA s s $ 0.00%
$ 499.076 $ 714,134 $ 241,000 s 0% s 241 000 s 241,000 0.00%
s s
Availa!!)t:,_Cas_!i Bal~nce - EOY
' 1.151,296 $ 492.650 366.480 495,683 $ 291,650 $ (74,830) S 366,480
City of Muskegon
1st Quarter Budget Reforecast - Non-General Funds
% Change
Original Budget Actual Thru March Actual k;. % Revised Estimate Change From Original Budget From 2001
Actual 2000 Actua12001 Es~mate 2002 2002 of Revised 2002 2002 Original Estimate 2002 Revised Comments
661 Equipment Fund
Available Cash Balance. BOY $ 499,092 s 380,984 $ 399,649 $ 367,851 $ 367,851 $ (31,798) $ 399,649
Revenues
Special assessments $ s s $ $ s $ 0.00%
State grants 0.00%
State shared revenue 0.00%
Charges for services 1,950,310 1,985,638 1,950,000 585,579 1,950,000 1,950,000 0.00%
Interest income 27.193 21,873 40,000 2,217 40,000 40,000 0.00%
Operating transfers in 0.00%
Other 193 377 127 412 100,000 9,118 100,000 100,000 0.00%
2.170.880 s 2134 923 s 2.090.000 $ 596,914 s 2,090,000 s $ 2,090,000 0.00%
60932 Operating Expenditures
5100 Salaries & Benefits $ 364,899 s 446,604 s 403,801 $ 96,887 24% s 403,801 s $ 403,801 0,00%
5200 Operating Supplies 606,768 649,641 561,230 77,590 14% 561,230 561,230 0.00%
5300 Contractual Services 393,192 459,869 404,596 77,174 19% 404,596 404,596 0.00%
5400 Other Expenses 3,357 4,070 3,500 1,668 48% 3,500 3,500 0.00%
5700 Capital Outlays 872,983 713,321 766,450 228,951 30% 766,450 766,450 0.00% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
5900 Other Financing Uses N/A 0.00%
Other Cash Uses (e.g .. Debt
Principal 47789 125449 N/A 0.00%
2,288.988 s 2,148,056 $ 2,139.577 s 480,270 22% $ 2,139 577 $ $ 2,139 577 0.00%
90000 Project Expenditures
5200 Operatng Supplies $ s $ s N/A $ $ $ 0.00%
5300 Contractual Services NIA 0.00%
5700 Ca ital Cutia N/A 0.00%
s $ s NIA $ $ $ 0.00%
2,288,988 s 2,148 056 $ 2,139577 s 480,270 22% $ 2139 577 $ 2139 577 0.00%
Available Gash Bala_r:ii::e:.~ EOY $ 380,984 s 367,851 $ 350.072 s 484,495 $ 318,274 $ (31,798) $ 350,072
City of Muskegon
1st Quarter Budget Reforecast • Non-General Funds
% Change
Original Budget Actual Thru March Actual As% Revised Estimate Change From Original Budget From 2001
Actual2000 Actual 2001 Estimate 2002 2002 of Revised 2002 2002 Original Estimate 2002 Revised Comments
642 Public Service Building Fund
Available Cash Balance - BOY $ 34,173 $ (200,038) $ p18,928j S (110,757) s (110,757) S 8,171 $ (118,928)
Revenues
Special assessments $ $ s s s s s 0.00%
State grants 0.00%
State shared revenue 0.00%
Charges for services 460.000 557,060 557,060 153,192 557,060 557,060 0.00%
Interest income 1,000 1,000 1,000 0.00%
Operating transfers in 0.00%
Oll7er 427 0.00%
460427 s 557 060 s 558,060 $ 153,192 $ 558 060 $ $ 558 060 0.00%
"""
S100
5200
Operating Expenditures
Salaries & Benefits
Operating Supplies
s 174,399
19,767
s 178,227 $
22,582
177,609
26,950
$ 39,376
6,224
22%
23%
$ 177,609
26,950
$ $ 177.609
26,950
0.00%
0.00%
5300 Contractual Services 215,070 193,076 222,268 43,759 20% 222,268 222.268 0.00%
5400 Other Experises 10,956 (1,951) 2,000 (80) -4% 2,000 2,000 0.00%
5700 Capital Outlays 18,961 68,738 24,187 NIA 0.00%
5900 Other Financing Uses NIA 0.00%
Other Cash Uses and Adjustments
e... Debt Principal 21 076 7107 NIA 0.00%
s 418 077 $ 467 779 $ 428.827 s 113 466 26% $ 428.827 s $ 428 827 0.00%
90000 Project Expenditures
5200 Operatng Supplies s $ $ s NIA $ s $ 0.00%
5300 Contractual Services 276,561 159,350 45,690 29% 159,350 159,350 0.00% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
5700 Ca ital Outla NIA 0.00%
s 276,561 $ $ 159.350 s 45,690 29% $ 159.350 s $ 159,350 0.00%
$ 694 638 $ 467 779 $ 588177 s 159 156 2'% $ 588.177 s 588,177 __0.00%
Av.!!!!_~~e Cash Balance - EOY $ (200,038) $ (110,757) $ (149,045) $ !116,721) $ !140,874) $ 8,171 s j149,045)
City of Muskegon
1st Quarter Budget Reforecast - Non-General Funds
% Change
Original Budget Actual Thru March Actual A:; % Revised Estimate Change From Original Budget From 2001
Actual 2000 Actual2001 Estimate 2002 2002 of Revised 2002 2002 Original Estimate 2002 Revised Comments
643 Engineering Services Fund
Available Cash Balance. BOY $ 86,178 $ 117,697 $ 140,189 s 144,167 s 144.167 s 3,978 $ 140,189
Revenues
Special assessments $ $ $ s s s $ 0.00%
State grants 0.00%
State share(! revenue 0.00%
Charges for services 478,738 554,621 656.756 113,206 656.756 656,756 0.00%
Interest income 5,749 6,378 10,000 810 10,000 10,000 0.00%
Operating transfers in 0.00%
other 24 762
509,249 $
28,005
589,004 $ 666.756 s '"
114199 s 666 756 s $ 666,756
0.00%
0.00%
60447 Operating Expenditures
5,00 Salaries & Benefits $ 348,155 $ 405.175 $ 494,560 s 82,468 17% $ 494,560 $ s 494,560 0.00%
5200 Operating Supplies 15,188 18,746 20,530 7,234 35% 20,530 20,530 0.00%
'300 COotract\Jal Services 107,040 127.790 134,612 29,158 22% 134,612 134,612 0.00%
5400 Other Expenses 3,964 ,.844 6.300 '84 3% 6,300 6,300 0.00%
5700 Capital Outlays 22,025 14,568 16,650 1,980 12% 16,650 16,650 0,00%
5900 Other Financing Uses WA 0,00%
Other Cash Uses and Adjustments
e.g .. Debt Princi al 19,413 5.967 NIA 0.00%
$ 476,959 $ 562156 $ 672,652 s 121,024 18% $ 672,652 $ s 672.652 0.00%
90000 Project Expenditures
5200 Operating Supplies $ $ $ s NIA $ $ s 0.00%
5300 Contractual Ser,,ices 771 378 378 NIA 0.00%
2..Q.Q Ca ital Outla NIA 0.00%
$ 771 $ 378 $ s 378 NIA $ $ s 0.00%
s 477 730 $ 562.534 $ 672.652 s 121 402 18% $ 672 652 s 672 652 0.00%
Available Cash Balance-~ l;_QY_ s 117,697 $ 144,167 $ 134,293 s 136,964 $ 138,271 $ 3,978 s 134,293
City of Muskegon
1st Quarter Budget Reforecast - Non-General Funds
% Change
Original Budget Actual Thru March Actual As% Revised Estimate Change From Original Budget From 2001
Actuat2000 Actual 2001 Estimate 2002 2002 of Revised 2002 2002 Original Estimate 2002 Revised Comments
677 General Insurance Fund
Available Cash Balance. BOY $ 1,193,782 $ 935,251 $ 1,038,212 - s 855,366 s 855,366 $ (182,846) $ 1,038,212
Revenues
Special assessments $ s $ s s $ $ 0.00%
State grants 0.00%
State shared revenue 0.00%
Charges for services 1,978,797 2,169,113 2,634,320 520,593 2,634,320 2,634,320 0.00%
Interest income 55,393 33,408 40,000 4,543 40,000 40,000 0.00%
Operating transfers in 784,995 881,596 900,000 900,000 900,000 0.00% TRANSFER FROM PENSION FUNDS FOR RETIREE HEALTHCARE
Other 117,275 11,750 75,000 1.114 75,000 75,000 0.00%
2,936.460 s M95,867 $ 3,649.320 s 526,250 s 3.649.320 $ $ 3,649.320 0.00%
30851 Operating Expenditures
5100 Salaries & Benefits $ 5,712 s 42.455 44.910 s 64,686 144% 44,910 $ 44.910 0.00%
5200 Operatjng Supplies 475 922 1.000 63 6% 1,000 1.000 0.00%
$300 Contractual Services 3,072,981 3,243,323 3,534,320 796,134 23% 3,534,320 3.534.320 0.00%
5400 Other Expenses 461 2,075 2.000 118 6% 2,000 2.000 0.00%
5700 Capital Outlays 2,405 2.000 315 16% 2,000 2,000 0.00%
5900 Other Financing Uses NIA 0.00%
Other Cash Uses and Adjustments
e.g .. Debt Princii;ial) 115,362 115 428 NIA 0.00%
$ 3,194,991 s 3.175.752 $ 3,584.230 s 861,316 24% s 3.584,230 $ $ 3,584.230 0.00%
90000 Project Expenditures
5200 Operating Supplies $ s s s NIA s $ $ 0.00%
5300 Contractual Services NIA 0.00%
_!;700 Cai;,ital Ou~a~ NIA 0.00%
s s s s
s 3,194 991 's 3,175,752 s 3 584,230 s 861,316
NIA
24% s 3584J30 ' $
$ 3 584,330
0.00%
0.00%
Avallable Cash Balance. E.9"'. s 935,251 $ 855,366 s 1,103,302 s 520,300 s 920.456 $ 1,103,302
City of Muskegon
1st Quarter Budget Reforecast - Non-General Funds
% Change
Original Budget Actual Thru March Actual As% Revised Estimate Change From Original Budget From 2001
Actual 2000 Actual 2001 Estimate 2002 2002 of Revised 2002 2002 Original Estimate 2002 Revised Comments
591 Water Fund
Available Cash Balance. BOY $ 6,094,347 $ 5,982,941 $ 5,148,538 $ 5,071,320 s 5,071,320 $ (77,218) $ 5,148,538
Revenues
Special assessments $ $ $ $ s $ $ 0.00%
Federal grants 90,000 90,000 90,000 0.00% EDA GRANT FOR SEAWAY INDUSTRIAL PARK
State grants 100,000 100,000 100,000 0.00% SHOREL.INE DRIVE
State shared revenue 0.00%
Charges for services - City 3,531,540 3,980,059 3,550,000 8,220 3,550,000 3,550,000 0.00%
Charges for services - Township 450,000 3,634 450,000 450,000 0.00%
Hydrant Rental - Township 0.00%
Interest income 320,696 230,864 140,000 12,518 140,000 140,000 0.00%
Operating transfers in 454,812 54,000 54,000 54,000 0.00%
Other 84.101 52.184 100,000 58,897 100.000 100,000 0.00%
3 936337 $ 4 717 919 $ 4484 000 $ 83 269 $ 4 484 000 $ $ 4484 000 0.00%
"""
5100
5200
Operating Expenditures Administration
Salaries & Benefits
Operating Supplies
$ $
10
$ $ NIA
NIA
$ s $ 0.00%
0.00%
5300 Contractual Services 359.581 453,613 481,606 93,023 19% 481,606 481,606 0.00% INSURANCE/INDIRECTCOSTS/ADMININISTRATION FEE
5400 Other Expenses 7,431 6,144 NIA 0.00%
5700 Capital Outjays 45 NIA 0.00%
5900 Other Financing Uses 495,727 471,301 432,270 5,349 1% 432,270 432,270 0.00% INTEREST ON WATER BONDS
Other Cash Uses and Adjustment,;;
(e.g .. Debt PrinCiQal) 302.213 591,739 390.000 0% 390,000 390,000 0.00% PRINCIPAL ON WATER BONDS
1.164.997 $ 1.522.807 $ 1303876 $ 98372 8% $ 1303876 s s 1 303,876 0.00%
60559 Operating Expenditures Maintenance. Clty
5100 Salaries & Benefits $ 698,628 $ 788,512 $ 601,859 $ 145,963 24% $ 601,859 $ $ 601,859 0.00%
5200 Operating Supplies 237,968 235,205 92,350 20,168 22% 92.350 92.350 0.00%
5300 Contractual Services 293,031 350,528 321,312 87,028 27% 321.312 321,312 0.00%
5400 Other Expenses 71,680 12,356 4,130 3,239 78% 4,130 4,130 0.00%
5700 Capital Ou~ays 5,129 7,327 10,900 1,778 16% 10,900 10,900 0.00%
~- Other Financin Uses NIA 0.00%
$ 1 306 436 $ 1 393 928 $ 1 030551 $ 258178 25% $ 1.030.551 s s 1.030.551 0.00%
60660 Operating Expenditures Maintenance. Township
5100 Salaries & Benefits $ 3,190 $ 206,700 $ 292,602 $ 50,389 17% 292,602 292,602
5200
5300
Operating Supplies
Contractual Services
863
47
9,526
120,508
12,483
125,594
365
27,030
3%
22%
$
12,483
125,594
' ' 12,483
125,594
0.00%
0.00%
0.00%
5400 Other Expenses 469 1,420 13 1% 1,420 1,420 0.00%
5700 Capilre SmnrtZonc)
The boundaries of the proposed district as revised within which the local devdopmc:nt
limmcc aulhori ty shall exercise its powers are as follows:
Parcel Description:
Block 554, and Lots 6, 7 and 8 of Block 558, of the Revised Plat of the City of Muskegon, as
r~corded in Libe:n- 3 of Plat:;, Page 71, Muskegon County Records, lying Northerly of a line
described as: Commence at the intersection oflh~ Northe,1::;terly line of Terrace Street, being the
Southwesterly line of Block 557 e.xtendcd to thc·ccntcrlinc of vacated Water Street; thence North
62°44'00" West 381.45 feet along the northeasterly right of way line of Terrace Street; thence
Westerly 269.86 Feet, along said no1ihcastcrly right of way line, said line being a 302.48 foot
radiu.~ curve to the left with a central auglc of 51 °07' 00" and a chord which bears North
88° 1TJO" West 261.00 feet, to the line between Lots 5 and 6 of said Block 558; thence North
46°09'15" West 85.84 feet, along said line, to the PLJ\CE OF BEGTNNTNG OF THlS
DESCRJPT10N: Thenc" North~a~le,rly 635.15 feet along a 803.25 foot radius curve to the right,
having a central auglc of 45"18' 19" and a chord which bears North 70°04 '05" East 618. 73 feet;
tbence South 87° 16'46" East 222.59 feet; thence No1ib 02°43'14" 'East 55.00 feet; thence South
87°16' 46" East 120.00 feet; thence South 02°43' 14" West 55.00 feet; thcuco So,1th 87"16' 46"
Easl 904.15 Ji::c:L; thence Northeasterly 548. 72 feet, nloug a 1272.34 foot radius curve to the left,
having a central angle of24°42'35" and a chord which bears North 80°21 '56" East 544.48 feet
to the place of ending.
EXCEPT THE FOT.LOWTNG
Part of Block 558, commt--ncc al the inlcr,;t,clion of the Northea!.ierly line of Terrace Street
extended to the centerline of vacated Water Street; thence North 62 degrees 44 minutes 00
seconds West along the Northeasterly line of Terrace Street i;xtcndcd 381.45 !eel; thence
Westerly along the arc of a 302.48 foot radius curve to th~ lefl 269.86 feet to the line between
Lots 5 and 6 of $aid Block 558 (long chord bears North 88 degrees 17 minutes 30 scconc.ls West
261 feet); thence North 46 degrees 9 minutes 15 seconds West along said line between Lots 5
and 6, 534.25 feet to the place ofheginning; thence North 27 degxees 25 minutes 55 seconds East
925.82 feet to a point referred to as Point"/\"; thence continue North 27 degrees 25 minutes 55
seconds Ea.~t 5 foet_, more or less, to the shore of Muskegon Lake; thence Northwesterly and
Southwesterly along Lhe shore of Muskegon Lake 1]50 feet, more or less; thence South 46
degrees 9 minutes 15 seconds East a1ong said line beLween Lots 5 and 6, 820 feel, more or kss,
to the place of beginning.
Property Commonly Knowi1 As: Fonner Teledyne Continental Motors Site
DEl.JB2247223.J\063684-00024
4
APPENDIXB
JUN 1::J:) C:~J,:'.JC: ~~;44 t-t'I'; ivlt:.LJl..,-JjU:::i ~C:.KVIL.c:::i ~! r C.41 ~OOl!J fV :::i!c....:;1 rC.40f::J10
RATIFICATION AGREEMENT BY THIE MICHIGAN
DEPARTMENT CIF TREASURY
WHIEREAS, the Michigan Legislature passed and the Governor signed Public Act 248
of 2000 to promote, inter a/ia, the development of high technology businesses
throughout the State of Michigan; and
WHEREAS, the Michigan Economic Development Corporation ("MEDC") has been
authorized by Public Acl 281 of 1986, as amended, being MCL 125.2151 et seq. (the
"Act"), to designate a certain number of certified technology parks within the State ·of
Michigan, by December 31, 2002; and
WHEREAS, the MEDC, for strategic marketing purposes, has chosen to designate the
aforementioned certified technology parks as "SmartZones•; and ·
WHEREAS, the MEDC issued a Request for Proposals for Smar!Zone designation: and
WI-IIEREAS, the City of Muskegon ("City"), Grand Valley State University ("Univen;ity"),
and the Muskegon Local Developmen1 Finance Authority ("Authority") submitted a
Proposal the to the MEDC requesting designation as a Certified Technology Parl( of
certain areas located within the City's jurisdiction; and
WHIEREAS, !he Authority and the City approved a the lax increment financing plan
-· ("TIFP''), pursuant to the Act: and
WHEREAS, the MEDC, the City, the Authority, and the University have entered Into an
agreement ("The Muskegon Lakeshore SmartZone Agreement"), which contemplates
the capture of lifly percent (50%), of the amounts levied by the State pursuant to the
state education act, Public Act 331 of 1993, being MCL 211.901 to 211.906, and loc;il
and intermediate school districts for a period of fifteen (15) years for levies imposed on
or after July 1, 2005, (such levies collectively referred to as the "Capture"), on the basis
of an initial taxable value determined as of December 31, 2000, for all purposes and in
those amounts authorized under !he Act by !he T!FP; and
WHEREAS, a condition of :he effectiveness of lhe Muskegon Lakeshore SmartZone
Agreement under the Act, is that the Michigan Department of Treasury, through the
State Treasurer, would accept and approve the Capture for the purpose of reducing
unemployment, promoting economic growth, and increasing capital investment in the
Cily, as determined by the State Treasurer; and
WHEREAS, the State Treasurer has reviewed the terms and conditions of the Capture
and found them to be acceptable. ,
JUN 05 2002 09:45 FR MEDC-BUS SERVICES 517 l41 ~b~~ tU ~l~~i 1~4bl~~
NOW THEREFORE, !he Michigan Department of Treasury by its State Treasurer,
ratifies, confirms and agrees by this instrument lo accept and approve, the Capture
under !he following terms and conditions:
1. The Muskegon Lakeshore Certified Technology Park shall be allowed lo
capture fifty percent (50% ), of the amounts levied by !he State pursuant lo the
slate educa!ion act, Public Act 331 of 1993, being MCL 211.901 to 211.906,
and local and intermediate school districts for a period of fifteen {15) years for
levies imposed on or after July 1, 2005, on the basis of an initial taxable value
determined as of December 31, 2000, for all purposes and in those amounts
as detailed in the TIFP and authorized under the Act.
Signed on behalf of.the Michigan Department of Treasury this·_~ day
of _ _ __, 2002.
MICHIGAN DEPARTMENT OF TREASURY
By:· _ _ _ _ _ _ _ __
Douglas B. Roberts
State Treasurer
·. ._,, This ratification ls agreed to and
accepted this _ _ day of _ ___, 2002 in full
compliance with Section 2 of Public Act 281 oi 1986, as amended, being MCL 125.2151
et seq,
THE MUSKEGON lAKESHORE LOCAL DEVELOPMENT
FiNANCE AUTHORITY
By: ~Aq.~
onaldSelfert
Chairperson
** TOTAL PAGE.03 **
APPENDIXC
TO BE PROVIDED BY THE CITY OF MUSKEGON.
RESOLUTION CREATING LDF A DISTRICT
2001-133(c)
Minutes of a reguln:r meeting of the City Commission of the City of MU5kegon, County
of Muskegon, State of Michigan, held at the Cily Hall in ,aid City on the 13th day of November,
2001, at 5:30 o'clock p.m. prevailing Eastern lime.
PRESENT: Memb~r$ -.-~::,..,hJ.Se.,o"'h,.ee,;rd"--,_,,.""'.p"'2,,ta"'r,..:·o,__,.....::Aeas"'l"'ak,,,s,,'o~n,._,,-"'B"'en.,,es;d,._,i"'.c"'1;..,_,_Flce1,._1i,_,ec,.,_ _ __
Nielsen SchwP.HlP.r
ABSENT: Members ---'N,,o,en,::e'------ _____ ....................._.... ___ .. , ..____ .... . .. _______ ...
The following preamble and resolution were offered by Member -~.S~pa=t=a~r~o_ _ and
supported by Member ..:'ichweiflcr:
\VHEREA.S, pursuant to the proYisions of Act 281, Public Acts of Michigan, 1986, as
amended ("Act 281 ") tht: City of Muskegon (the "City") created the Local Development
Fimmc(: Authorily of the City of Muskegon (the "Authority") by a resoh1tion adopted by the City
Commission (the "LDFA Resolution''); and
WHEREAS, the City Commission has decided to create a new district, lhe Mu~hgon
L~keshore SmartZ.o.ne, Di:ttrict 3 ( "Di,irict 3 ") within which th" Authority exe,Tcisi,$ its powers
(the "Distric..-t''); and
WHEREAS, pursuant to Act 281 the City is required to hold a public hearing on I.he
proposed establishment of District 3; (lild
WHEREAS, on August 28, 2001, tbe City Commission conducted a public hearing on
the proposed establishmeut of District 3; and
WHEREAS, more t:h