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CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 27, 2021 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
REMOTE MEETING
AGENDA
□ CALL TO ORDER:
□ ROLL CALL:
□ HONORS/AWARDS/PRESENTATIONS:
A. Home Rehab Good News Development Services/CNS
□ PUBLIC COMMENT ON AN AGENDA ITEM:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Fireworks Display Permit for City of Muskegon City Clerk
C. Request to Fly the Norwegian Flag City Clerk
D. Temporary Extension of Service Area for Smash Wine Bar City Clerk
E. Downtown Muskegon Social District Plan and Map Amendments
Economic Development
F. Social District Permit Recommendation Economic Development
G. Harbor 31 Viridian Shores Housing Development Neighborhood Enterprise
Zone Resolution of Intent Economic Development
H. Lakeshore Drive Settlement Fund Conveyance Economic Development
I. Consumers Energy Easement Public Works
J. Water Filtration Plant & Harvey Pump Station Building Repairs Public
Works – Filtration
K. Marshall Street Water Tower Painting Public Works – Filtration
L. Hartshorn Marina Engineering Services Public Works
M. Hartshorn Marina – Fencing Public Works
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N. H92037 Monroe, Third to Fourth and H92046 Alley Improvements Public
Works
O. Roberts Street – TEDF Application Public Works
P. Railroad Mural – Resolution of Support Public Works
Q. Railroad Mural – ROE (Right of Entry) Agreement Public Works
R. Smith Ryerson eSports Public Works
S. Sale of the Property Formerly Known as 1251 8th Street Planning
□ PUBLIC HEARINGS:
A. Exemption of New Personal Property-MH Solar LLC Planning
□ UNFINISHED BUSINESS:
A. Lot Sales Hudson/Dowd Tabled from 4/13/2021 Planning
□ NEW BUSINESS:
A. Parking Revenue – Park Upgrades Mayor’s Office
B. Special Event Fee Waiver – Americorps Senior Volunteers Recognition
Event City Clerk
C. Community EnCompass Development Agreement Amendment
Economic Development
□ ANY OTHER BUSINESS:
□ PUBLIC COMMENT:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
*Added at meeting
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 27, 2021 Title: Home Rehab Good News
Submitted By: LeighAnn Mikesell Department: Development Services/CNS
Brief Summary: Staff is sharing good news of another completed home rehab by Community and
Neighborhood Services.
Detailed Summary: The home was acquired through tax foreclosure, we invested approximately
$135,000, and the home appraised at $125,000. An offer was received the same day the house
was listed, and staff is working through the closing process. See attached photos.
Amount Requested: $0 Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Information Only
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Before Rehab Work
Completed Exterior
Living Room
Kitchen
First Floor Plan
Second Floor Plan
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 27, 2021 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the April 12, 2021 Worksession meeting and the April
13, 2021 Regular City Commission meeting.
Detailed Summary: N/A
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the minutes.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
Monday, April 12, 2021
5:30 pm
City Commission Chambers
MINUTES
2021-32
Present: Mayor Gawron, Vice Mayor Hood, Commissioners Rinsema-Sybenga, Emory,
Johnson, Ramsey, and German.
Absent: None.
Adding a Second Worksession
Commissioner Ramsey requested the City Commission consider adding a second Worksession
meeting to shorten the length of the meetings.
A majority of Commissioners indicated they were not interested in a second meeting but
suggested a way to shorten the meetings. The City Clerk was instructed to send out information
received from another municipality on the rules placed on their meetings to shorten discussion.
This item will be placed on the next Worksession meeting for discussion.
Deputy City Manager Position
The City Manager presented a job description to create a position for a Deputy City Manager. A
lengthy discussion took place on the title of Assistant City Manager vs Deputy City Manager. A
majority of the Commissioners felt comfortable with Deputy City Manager title and authorized
the City Manager to take the job description to Civil Service.
Carlisle’s Arena Lease Discussion
Placer.ai Software Subscription
The Economic Development Department has been researching various data analysis platforms
to help us answer some larger socio-economic questions regarding our population and
workforce. Placer.ai would allow the department to use anonymized GPS data from cell phones
to determine critical information to better understand our local economy.
This item has been discussed at several Commission Meetings and will be placed on the April
13, 2021 meeting for consideration by the Commission.
2021-33
Purchasing Policy
The Purchasing Work Group is seeking approval of a revised purchasing policy.
At the request of the Mayor, the Purchasing Policy Work Group has reviewed the existing policy,
talked with various departments throughout the city, and presents a revised policy. Changes of
note include:
The purchasing authority has been increased based on review of recent purchases.
The process for correcting a bid was modified to limit liability.
The local preference has been modified.
Goals have been included for disadvantaged contractors.
Provisions to select vendors based on qualifications have been further outlined.
The use of prevailing wages has been modified.
Staff approval of change orders has been changed based on contingency included in the
budget.
Provisions for handling violations of the policy have been added.
Motion by Commissioner Johnson, Supported by Commissioner Emory to remove the
discussion of the Purchasing Policy to the next Legislative Meeting in June.
ROLL CALL VOTE:
Ayes: Emory and Johnson.
Nays: Gawron, Hood, Ramsey, German, and Rinsema-Sybenga.
MOTION FAILS
Discussion took place regarding budgeted and unbudgeted items. Commissioner Johnson
indicated he did not feel comfortable allowing staff to purchase unbudgeted items under
$25,000 without prior consent of the Commission.
The Finance Director indicated these items are brought to the Commission through the
reforecast.
The majority of the Commission indicated they were fine with the language for purchases under
$25,000 as presented in the proposed policy.
Questions came up about who approves emergency purchases and the elimination of the
prevailing wages.
Staff will follow up on several questions and will forward answers to the City Commission for
consideration at the April 13, 2021 Commission meeting.
Solar Tax Abatement
The City will be working with Chart House Energy on installing solar panels on the roof of the
arena. The company is seeking a 100% tax abatement on the personal property through Public
Act 328 of 1998.
Jon Ledsworth, Chart House Energy, indicated he has sought a tax abatement from the City of
Norton Shores.
This item will be on the April 13, 2021 agenda for consideration by the Commission.
Muskegon Social Equity Program
The City will be receiving $112,000 in excise tax funds this year from the State for allowing
marihuana facilities. The City has also received $1,200 in donations from local marihuana
companies. Staff has prepared a document outlining proposed grants/loans for the program.
Social District
Commissioner Johnson has asked that the social district and Rebel Road be placed on the
worksession meeting for discussion. We learned that special liquor licenses may not be
obtained in a social district unless the social district is suspended. We have reached out to
Representative Terry Sabo who tried to have legislation changed but is unable to do so.
Staff met with Rebel Road and gave them other options to have a beer tent. Rebel Road has
also reached out to Representative Terry Sabo. The City has offered the use of the arena at no
cost. Staff offered the back half of Fourth Street for a beer tent and Hackley park for a concert
and beer tent that is just adjacent to Fourth Street and right off of Western. Staff also offered
Sixth Street as another option for a beer tent or possibly the parking lot of Lakeshore Museum if
the museum is in agreement.
As another alternative, we offered to charge more for the social district cups during the four-day
event and with the proceeds, the City is able to pay for the expenses of the event. Rebel Road
would still raise funds through their vendors and any activities they wanted to charge for as well
as donation containers.
We also hear from the CIO Hall who will also be unable to pull a special liquor license for their
establishment. They too have reached out to Representative Terry Sabo and understand this
law will not change this year.
Staff and law enforcement have actively been working with restaurants, bar owners, and
patrons teaching them the rules of a social district. Downtown is becoming busier as the
weather warms and the social district will become one of the most popular activities downtown.
Law enforcement has grave concerns of teaching patrons they may walk outside establishments
with a drink but stop patrons from walking outside during crowded special events. The City is
ultimately responsible for the social district and if it is found that patrons are leaving
establishments with a drink when not permitted, the Liquor Control Commission will end the
social district which will be a detriment to all of our bars and restaurants downtown. Staff highly
discourages suspending the social district for special events and continue to work with special
events to find alternative means as our downtown continuously changes and grows.
The general consensus from the Commissioners was the same. Commissioners encouraged
staff to continue to work with event organizers to find an alternate solution.
Terrace Street Reconfiguration
Staff has begun to work on our 2022 project for Terrace Street between Apple Avenue and
Lakeshore Drive. The project includes a proposal for a substantial reduction in the size of
Terrace Street along with a conversion from a boulevard to a 2-lane/2-way roadway.
A brief discussion took place regarding this upcoming project.
Harbor 31 Viridian Shores Housing Development Update/Neighborhood Enterprise Zone
Discussion
The development team at Harbor 31 has been working through several legacy environmental
issues at the development site as well as more stringent mitigation criteria from EGLE on
various aspects of the project scope. They have requested the opportunity to update the
commission alongside city staff that have been working on the project.
The developers have planned a multi-phase, multi-use buildout for the Harbor 31 site which
includes single family detached residential as well as owner-occupied townhomes. They have
done quite a bit of environmental and geotechnical field work on the site and are working with
EGLE to determine what level of mitigation will be required. It is evident based on findings that
more substantial and active vapor mitigation systems will likely be required for any residential
uses, and there will also potentially be required wetland replacement obligations that did not
exist in prior years. Due to these upward pressures on project costs which the developer will
elaborate on, they intend to request a Neighborhood Enterprise Zone for the owner-occupied
phases of the development, similar to the ones established for recent other housing
developments. There is a legal notice and hearing process to establish this district laid out in the
relevant statute, tonight’s discussion is solely to promote active communication between the
developer and the city by way of updating the commission.
425 Agreement Business Park North Removal/Acquisition of 902 Pine Street
The department has been working with Muskegon County for some time now as to their
requested disposition of the 425 Shared Jurisdiction Agreement at Business Park North. We
have come to terms that have been agreed upon by the County Commission and are for your
consideration.
Effectively, the City of Muskegon would remove the existing 425 agreement between the City,
County, and Dalton Township. This would forego claims to future income tax revenues sourced
from any jobs created at this site for the city, and so we determined that it was not in the best
interest of the community to simply agree to dispense of the agreement. We requested that the
County relinquish to us a roughly 1/3rd acre parcel at 902 Pine Street, which the county acquired
in 2013 for a parking lot they never built. This site was the former location of a longstanding
furniture store, then Pine Street Antiques which was demolished by Muskegon County when the
took possession of the lot. City staff feel this lot would make a quality candidate for further
workforce housing options in the community, and potentially some mixed use commercial as
well. The County would not trade the lot for free in exchange for removal of the 425, so agreed
to sell it for half of it’s appraised value, $24,000. The City countered by requesting that they
invest some or all of that revenue from the sale into the paving of another gravel lot located
across Pine Street from this lot which is currently used by the County Sheriff’s Department for
parking. The County Administrator agreed to these terms. This will increase the curb appeal and
value for resale and development of the lot we wish to trade.
There are two excavation companies that have conditional purchase agreements on much of
the site at Business Park North. Accurate Excavation and Ryerson Excavation have both
requested to purchase acreage there in order to build storage facilities for vehicles and
potentially to store excess materials and fill. As of now the County has informed us these are
the only development prospects they have for the sites. Staff has included the relevant
documents and records on the lot in your packet. Staff proposes to utilize the Economic
Development Fund (493) to acquire this lot, file the necessary Baseline Environmental
Assessments with EGLE, and them immediately outlay a Request for Proposals to see the lot
redeveloped. The expectation is that we would achieve market value for the lot, which should be
in the $50,000 range in the event it is selected for a potential LIHTC development.
This item will be on the April 13, 2021 agenda for consideration by the Commission.
State of Emergency for Meetings
The City Commission approved a resolution authorizing remote meetings through May 31st.
Muskegon County Commissioners adopted a resolution authorizing remote meetings through
December 31st. Our City Attorney has indicated that our Commission dictate how the City’s own
boards meet going forward.
The City has approximately 20 different boards and committees that continue to meet remotely.
Departments need a directive of what these meetings look like moving forward. There are
several options available. The City Commission could indicate all meetings are to be held
remotely through May 31st. The City Commission could start meeting in person beginning in
June with committees meeting in person or hybrid by September 1st. These are just some
examples of possible options.
Commission could review its options at its worksession and a resolution can be added to
Tuesday’s meeting adopting how boards meet going forward.
Public Comments Public comments were received.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 13, 2021 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
REMOTE MEETING
MINUTES
The Regular Commission Meeting of the City of Muskegon was held
electronically with the Mayor, Vice Mayor, and Commissioners participating via
Zoom – a remote conferencing service, Clerk staff present at 933 Terrace Street,
Muskegon, MI at 5:30 p.m., Tuesday, April 13, 2021.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen J. Gawron (Muskegon, MI), Vice Mayor Eric Hood
(Muskegon, MI), Commissioners Ken Johnson (Muskegon, MI), Dan Rinsema-
Sybenga (Muskegon, MI), Willie German, Jr. (Muskegon, MI), Teresa Emory
(Muskegon, MI), and Michael Ramsey (Muskegon, MI), City Manager Frank
Peterson, City Attorney Will Meier, and City Clerk Ann Meisch.
PUBLIC COMMENT ON AN AGENDA ITEM: No public comments were received.
2021-34 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the March 23, 2021 Regular
Meeting and the April 1, 2021 Special Meeting.
STAFF RECOMMENDATION: To approve the minutes.
B. Fireworks Display Permit for Muskegon Country Club City Clerk
SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc. is requesting approval of a
fireworks display permit for July 2, 2021 at the Muskegon Country Club, 2801
Lakeshore Drive. The fire Marshall will inspect the fireworks on the day of the
event.
STAFF RECOMMENDATION: To approve the fireworks permit contingent on
inspection of the fireworks and approval of insurance.
C. Muskegon Park Place Provisionary City Clerk
SUMMARY OF REQUEST: Park Place Provisionary is proposing an event, Smoke
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on the Water, at 1922 Park Street on July 24, 2021 from noon to 8 pm that will
include live music.
A detailed outline of the event is attached. This is an on-site cannabis
consumption event. This is the first time this neighborhood has had live music so
staff is asking for approval of the live bands as well as permission for the Clerk to
sign the required attestation for the State. Staff met with the organizers to discuss
logistics and is satisfied with the plan as outlined.
STAFF RECOMMENDATION: To authorize the Clerk to sign the attestation and
approve live music at 1922 Park Street on July 24, 2021.
D. Lakeshore Creative Services Agreement Extension City Clerk
SUMMARY OF REQUEST: The agreement with Lakeshore Creative Services is set
to expire in April. Because meetings have been held virtually for over a year, we
have not been able to take full advantage of these services. Staff is
recommending that we extend the agreement for one year and continue with
Lakeshore Creative Services.
STAFF RECOMMENDATION: Approve the extension of the agreement with
Lakeshore Creative Services for one year.
E. 2021 User Fee Update Finance
SUMMARY OF REQUEST: City Departments have reviewed and updated their
user fees and these have been incorporated into the Master Fee Resolution that
is attached for your consideration.
Key Updates: (See highlighted items on the spreadsheet for all of the
changes)
• DPW Parks – Park Building Use (New Fees)
• DPW Parks – Highlighted Channel & Picnic fees have been lowered
• DPW Parks – Beach Parking Fees updated (previously approved by
Commission)
• Farmers Market Corner Stall fees have been increased
• Special Events has added 5 new fees
• Ice Rescue Call increased to $60.00
• Western Market Fees added to the schedule for the first time
• City Code Compliance – Vacant Building Fees have been reduced
• Public Safety – Added a new fee for Short Term Rental Inspections
• Zoning has increased 8 fees
STAFF RECOMMENDATION: Approval of the 2021 Master Fee Resolution.
Page 2 of 17
F. Social District Permit Recommendation Economic Development
SUMMARY OF REQUEST: The City Commission must recommend approval of the
Michigan Liquor Control Commission permits of participating licensed
establishments in the Downtown Muskegon Social District.
With the establishment of the Downtown Muskegon Social District, participating
licensed establishments must receive a Social District permit from the Michigan
Liquor Control Commission. The MLCC must first receive a recommendation for
approval from the City Commission before granting the permits. The attached
resolution is for PKT Twelve, Inc. dba Smash Wine Bar & Bistro which is also
seeking a Social District permit from the state and seeking City Commission
recommended approval. The Social District plan identifies 22 potential
participating licensees within the district. Other licensed establishments may file
a Social District permit application in the future.
STAFF RECOMMENDATION: To approve the resolution recommending
Michigan Liquor Control Commission approval of Social District permits in the
Downtown Muskegon Social District and to direct the City Clerk to certify the
City Commission action with the MLCC.
G. Muskegon Public Schools Recreation Grant Agreement CNS
SUMMARY OF REQUEST: To approve the Muskegon Public Schools Recreation
Grant Agreement.
The Muskegon Public Schools Youth Grant provides core values and life skills to
boys and girls through youth basketball leagues. The program runs 3-4 days a
week with Saturday game days and open gym for families on Sunday
afternoons.
AMOUNT REQUESTED: $20,000 AMOUNT BUDGETED: $20,000
STAFF RECOMMENDATION: Approve the Muskegon Public Schools Youth
Recreation Grant Agreement.
H. Municipal Senior Millage Funding CNS
SUMMARY OF REQUEST: To approve the allocation of Municipal Senior Millage
Funding for the City of Muskegon programs.
The Power of Produce for senior citizens on Tuesdays at the Farmer’s Market on
behalf of the Clerk’s office. $15,000
Department of Public Works to cover ½ of costs for senior citizens for water line
replacements up to the cost. $30,000
Muskegon County Senior Millage Home Repair for city residents who may not
qualify for other programs. $44,640
Muskegon Senior Housing Assistance is designed to offer rental deposits to four
senior high-rise apartment locations: Bayview Towers, Berkshire, Hartford Terrace
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and Jefferson Towers. $5,000
AMOUNT REQUESTED: $94,640 AMOUNT BUDGETED: $94,640
STAFF RECOMMENDATION: To authorize the allocation of the Municipal
Senior Millage Funds to four City programs: Department of Public Works,
Muskegon County Senior Millage Home Repair, Muskegon Senior Housing
Assistance and The Power of Produce.
I. Sale of 602 Ada Avenue CNS
SUMMARY OF REQUEST: To approve the sale of 602 Ada Avenue to Raysean
Holman.
Community and Neighborhood Services has completed an affordable housing
rehabilitation at 602 Ada Avenue and accepted an offer at the listed sales price
of $125,000 from a qualified buyer – Raysean M. Holman.
STAFF RECOMMENDATION: To approve the sale of 602 Ada Avenue to
Raysean M. Holman.
J. Sale – 240 Monroe Avenue City Manager
SUMMARY OF REQUEST: City Staff is seeking authorization to sell the city-owned
home at 240 Monroe to Daniel and Angela VanderKooi.
The city constructed this townhouse as part of the phase two of our infill housing
program. Our contract to construct the home was $164,470. We also
anticipated $11,512 in sales commissions. The accepted purchase price is
$182,500, and the incurred sales commissions are $12,775. The City will contribute
$2,500 toward closing costs.
STAFF RECOMMENDATION: Authorize the City Manager to complete the sale
of 240 Monroe Avenue, as described in the purchase agreement.
K. Sale – 250 Monroe Avenue City Manager
SUMMARY OF REQUEST: City Staff is seeking authorization to sell the city-owned
home at 250 Monroe to Jeanne Smith.
The city constructed this townhouse as part of phase two of our infill housing
program. Our contract to construct the home was $164,470. We also
anticipated $11,512 in sales commissions. The accepted purchase price is
$179,900, and the incurred sales commissions are $12,593. The City will not
contribute funds toward closing costs.
STAFF RECOMMENDATION: Authorize the City Manager to complete the sale
of 250 Monroe Avenue, as described in the purchase agreement.
M. 2021 Goal Adoption Development Services
SUMMARY OF REQUEST: Staff is seeking adoption of additional action items to
the original goals set in 2016.
Page 4 of 17
Staff and commissioners worked together over a 7-month time period to
develop focus areas, gather input from stakeholder groups, and create
additional action items to be added to the goals established in 2016. In August
2020, staff and commissioners started the goal development process by
determining focus areas and identifying stakeholder groups within those focus
areas. The next several months were spent gathering information from staff,
stakeholder groups, and the general public. At the January 2021 meeting, staff
and commissioners used the information gathered to develop priorities and
define a vision of success. Action items for each of the focus areas were
developed and shared at the March 2021 legislative Policy Committee meeting,
and the final draft is submitted for adoption.
In 2016, the four goals set were Housing, Image, Quality of Life, and Revitalizing
Revenues. Since Housing impacts all three of the other goals, it was included as
a focus area along with Social Equity, and Youth/Education. Action items for
each focus area and goal are outlined in the attachment.
STAFF RECOMMENDATION: To adopt the 2021 action items.
N. Placer.ai Software Subscription Economic Development
SUMMARY OF REQUEST: The Economic Development Department has been
researching various data analysis platforms to help us answer some larger
socioeconomic questions regarding our population and workforce. Placer.ai
would allow the department to use anonymized GPS data from cell phones to
determine critical information to better understand our local economy.
The software proposed will allow our department to conduct research related to
economic development such as commuter trends, retail activity tracking,
shopper demographics, and commercial/industrial attraction projects. It will also
allow us to assist the city with other research, such as attendance information at
city festivals, the Muskegon Farmers Market, and to track location data for our
tourism industry. Another major benefit of this software will be oriented around
equity. For instance, we will be able to source who is shopping where, and
illustrate retail trends in all of our commercial corridors. This will allow us to see
who is benefitting economically in the city from various businesses, and where
we need to improve our programming and efforts. All of this data is anonymized,
and as a part of the subscription agreement we receive unlimited technical
support from Placer.ai staff. We have included some sample reports and
presentations that illustrate the benefits of this program in your packet. This
would be an unbudgeted expenditure that would be reflected in a reforecast
or budget amendment.
AMOUNT REQUESTED: $16,000 AMOUNT BUDGETED: 0
FUND OR ACCOUNT: Planning and Economic Development: Contracted
Services (101-80400-5346)
Page 5 of 17
STAFF RECOMMENDATION: A motion to approve the subscription agreement
with Placer.ai for the term of one year as presented.
P. Liquid Sodium Hypochlorite Public Works – Filtration
SUMMARY OF REQUEST: Staff is requesting authorization to purchase liquid
sodium hypochlorite from Alexander Chemical.
The Water Filtration Plan uses sodium hypochlorite in the production of drinking
water. The application of sodium hypochlorite is one of several crucial processes
used to inactivate or remove pathogens from the water. Since 1996, the Water
Filtration Plant has solicited competitive bids for water treatment chemicals
jointly with the cities of Grand Haven, Grand Rapids, Holland, Muskegon Heights,
and Wyoming.
Bids were solicited for a one-year contract with the option to renew for two
additional one-year terms. Alexander Chemical’s bid has no price increases for
the duration of the contract and is overall the cheapest bidder for the three
years. Alexander Chemical has supplied the cooperative with liquid sodium
hypochlorite for many of the past several years. Both their product and their
service have been excellent, and staff recommends we continue with them as
our supplier.
Year 1 ($/ton) Year 2 ($/ton) Year 3 ($/ton)
Alexander Chemical 156.67 156.67 156.67
JCI Jones Chemicals 151.89 159.44 167.40
Olin Chlor Alkali 158.69 158.69 At renewal
Products & Vinyls
The Water Filtration Plant has used an average of 456 tons of liquid sodium
hypochlorite the previous two fiscal years. Under the new contract this amount
would cost $71,441.52 annually. Liquid sodium hypochlorite is included in the
budget, but the actual amount spent will depend on water demand and
source water quality.
AMOUNT REQUESTED: $71,441.52 (estimate) AMOUNT BUDGETED: $72,864.00
FUND OR ACCOUNT: 591-60558-5219
STAFF RECOMMENDATION: Authorize staff to participate in the treatment
plant purchase cooperative and purchase liquid sodium hypochlorite from
Alexander Chemical.
Q. Sodium Hypochlorite Feed System Public Works – Filtration
SUMMARY OF REQUEST: Staff is requesting authorization to contract with
Pressures & Pipes for complete replacement of the Water Filtration Plant’s
sodium hypochlorite plumbing.
Page 6 of 17
The Water Filtration Plant uses sodium hypochlorite in the production of drinking
water. The application of sodium hypochlorite is one of several crucial processes
used to inactivate or remove pathogens from the water.
The current sodium hypochlorite feed system was installed in 1997. Staff has
spent many hours over the last few years keeping this system running by
repairing leaks, replacing fittings, and clearing blockages. Most of the previous
repairs performed by staff were on redundant sections that were easily isolated
and repaired without affecting water production. Recently, leaks have
developed at an increasing rate. Problems have begun to develop in pipelines
that cannot be easily isolated and fixed. This feed system must be repaired for
continued water supply reliability.
The scope of the project includes replacing all existing PVC pipelines and fittings
used at the Water Filtration Plant for the application of sodium hypochlorite.
Pipes will be replaced throughout six buildings. This includes all plumbing to the
storage tanks, within the sodium hypochlorite room, and to five application
points throughout the plant.
Proposals were solicited from four qualified mechanical contractors with
experience in chemical pipelines. The proposal requires the selected contractor
to purchase, install, and test all materials. Alternate Bid #001 will not be
authorized for this project. Four proposals were received. Staff recommends this
project be awarded to the lowest bidder, Pressures & Pipes.
Pressures & Pipes $134,500.00
Northern Boiler $149,750.00
Hurst Mechanical $186,306.00
Franklin Holwerda Co. $349,000.00
This project was budgeted as part of the planned WMRWA-eligible capital
improvements at the Water Filtration Plant.
AMOUNT REQUESTED: $134,500 AMOUNT BUDGETED: $500,000
FUND OR ACCOUNT: 591-92034-5346
STAFF RECOMMENDATION: Authorize staff to contract with Pressures & Pipes
to perform the replacement of the sodium hypochlorite chemical lines at the
Water Filtration Plant.
R. Highway Aggregates, Materials, and Concrete Public Works
SUMMARY OF REQUEST: Award supply of aggregates, highway maintenance
materials and concrete for 2021 to selected bidders.
Bids were solicited for aggregates, highway maintenance materials and
concrete for purchase in 2021. Purchases will be made from recommended
bidders listed in yellow on attached spreadsheets. Purchases are contingent
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upon product availability, timely deliveries, and prices as quoted.
AMOUNT REQUESTED: Varies by fund
FUND OR ACCOUNT: 101, 202, 203, 590, and 591
STAFF RECOMMENDATION: Award bids for aggregates, highway
maintenance materials and concrete purchases for 2021 as presented.
T. Prein & Newhof Amendment Public Works
SUMMARY OF REQUEST: Staff is requesting approval to finalize and approve
amendments to the Engineering Services Agreements with Prein & Newhof
related to the work completed on three (3) separate water and sewer
construction projects in 2020.
Prein & Newhof is requesting an amendment to the Engineering Services
Agreements from 2018 that covered the water/sewer projects completed
during 2020. There were a couple of minor design revisions requested by Staff,
however the bulk of the request is related to changes in the construction
engineering and administration portion of their work.
The original estimate of the time, equipment, and cost required to provide
construction oversight to the projects was completed at the time of the original
proposal in October of 2018. Due to various factors beyond the control of Prein
& Newhof the final cost to provide construction oversight for these projects in
2020 exceeded the original estimates completed in 2018.
The requested change falls within the 6% budgeted contingency for these
projects and as such does not require any revision to the already approved
budgetary amounts for the projects. All three projects are completed except for
final payments and were done so on time and on budget.
As a heads up a similar request to amend the Engineering Service Agreements
will likely be needed for the other two water/sewer projects (9th Street &
Spring/Yuba) that were started last year. 9th Street work is completed pending
final payment and was also completed on time and on budget. Spring Street
work will be wrapping up in the next 2 months and is also tracking to complete
on budget, though slightly later than originally anticipated.
Staff recommends approval of the amendment request as presented.
AMOUNT REQUESTED: $100,500.00 AMOUNT BUDGETED: $504,051.86
(Combined Request from all 3 projects) (Combined Contingency from all 3 projects)
FUND OR ACCOUNT: FUND OR ACCOUNT:
590/591-91854 ($66,500) 590/591-91854 ($349,653.33)
590/591-91855 ($16,100) 590/591-91855 ($74,276.22)
590/591-91856 ($17,900) 590/591-91856 ($80,122.31)
Page 8 of 17
STAFF RECOMMENDATION: Authorize staff to finalize and approve
Amendments to the Engineering Services Agreements with Prein & Newhof for
the three (3) water/sewer projects outlined in the attached letter.
U. Pere Marquette Swing Bench Commission
SUMMARY OF REQUEST: Mayor Gawron is requesting Commission support to
allocate Park Funds towards the purchase and installation of a Swing Bench and
Plaque at Pere Marquette Park.
In following up with Landon on the swing set request for Pere Marquette Park,
staff has determined the only available option for installation of a swing set is to
install a swing set and an accessible safety surface. The cost for this work is
estimated $40K. As an immediate alternative, and while other options are
explored, I am suggesting that we authorize the purchase and installation of a
swing bench along with a plaque to be installed in one of the new bench pads
along Pere Marquette Park.
AMOUNT REQUESTED: $2,127.69 AMOUNT BUDGETED: 0
FUND OR ACCOUNT: 101-70751-5346
STAFF RECOMMENDATION: Authorize staff to purchase and install a Swing
Bench and Plaque at Pere Marquette Park in honor of Landon de la Rosa.
V. Park Safety Surfacing Public Works
SUMMARY OF REQUEST: Staff is seeking authorization to approve the purchase
of engineered wood fiber for playground safety surfacing at eight of our parks.
Many of our city parks currently utilize engineered wood fiber (EWF) to meet
safety surfacing requirements. The U.S. Consumer Product Safety Commission’s
standards set minimum depth requirements for EWF based on the height of the
structures in the park. City records indicate that our parks have not been
resupplied with EWF since the fall of 2017 and a recent walk through conducted
by city staff identified the need to refill the safety surfacing in many of our parks
as some areas are nearly five inches below minimum requirements.
In an effort to replenish our EWF surfacing and comply with safety standards, the
city is requesting permission to refill our playground safety surfacing for the
following parks; Marsh, Smith/Ryerson, Joe Clifford, Beachwood, Kruse, St.
Joseph, Reese, and Seyferth.
Staff proposes to engage with Superior Groundcover to refill the
aforementioned park safety surfacing areas to meet industry standards. Superior
Groundcover has supplied the city with EWF for years and is the preferred
vendor for this product. The cost for this is $18,917.50
AMOUNT REQUESTED: $18,917.50 AMOUNT BUDGETED: $20,000.00
FUND OR ACCOUNT: 101-70751-5215
Page 9 of 17
STAFF RECOMMENDATION: Authorize staff to approve the quote from
Superior Groundcover to provide EWF for our park playgrounds in the amount of
$18,917.50.
W. Traffic Control Order Traffic/Engineering
SUMMARY OF REQUEST: Approval of Traffic Control Order #66 for removal of
existing Traffic Signals and installation of “Stop” signs on Wickham Drive at
Sherman Boulevard.
To approve the submitted Traffic Control Order, #66-(2021) and authorize staff to
remove the existing Traffic Signals at Wickham Drive at Sherman Boulevard and
install “Stop” signs on the Northwest/Northeast and Southwest/Southeast corners
of Wickham Drive.
This topic was previously discussed at the September 2019 Work Session meeting
with support given towards removal of several unwarranted traffic signals
throughout the city limits.
STAFF RECOMMENDATION: To approve removal/installation of various Traffic
Control Devices as outlined in the submitted Traffic Control Order #66-(2021)
Motion by Commissioner Johnson, second by Commissioner Emory, to approve
the consent agenda as presented, minus item L, O, S, and X.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
and Ramsey
Nays: None
MOTION PASSES
2021-35 REMOVED FROM CONSENT:
L. Lot Sales Hudson/Dowd Planning
SUMMARY OF REQUEST: Request to sell the properties at 2172 Dowd Street, 2182
Dowd Street, 2169 Hudson Street, and 2171 Hudson Street to Urban Ventures of
West Michigan, LLC for the construction of eight (8) duplexes.
The City-owned lot sale policy states that the buyer is to pay 75% of the true
cash value of the lots ($22,950), but that it will be reimbursed upon issuance of
certificate of occupancy for all eight units.
The policy also states that since they are building more than 3 units within 18
months, 100% of the water/sewer hook-up fees may be waived.
The water/sewer lines in this area need to be extended 230 ft to provide service
to these lots. Staff estimates these costs to be around $10,000. Staff recommends
charging the buyer half of this expense.
STAFF RECOMMENDATION: To approve the request to sell the properties at
2172 Dowd Street, 2182 Dowd Street, 2169 Hudson Street, and 2171 Hudson
Page 10 of 17
Street to Urban Ventures of West Michigan, LLC.
1st Motion: Motion by Commissioner Johnson, second by Commissioner
Rinsema-Sybenga, to approve the request to sell the properties at 2172 Dowd
Street, 2182 Dowd Street, 2169 Hudson Street, and 2171 Hudson Street to Urban
Ventures of West Michigan, LLC
2nd Motion: Motion by Commissioner Johnson, second by Commissioner
Ramsey, to adjust the purchase agreement to not waive water/sewer
connection fees and to reimburse the builder for certain costs.
3rd Motion: Motion by Commissioner Rinsema-Sybenga, second by
Commissioner Emory, to table this item until the April 27, 2021 regular meeting.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
Sybenga, and Emory
Nays: None
MOTION PASSES
O. Purchasing Policy Development Services
SUMMARY OF REQUEST: The Purchasing Policy Work Group is seeking approval
of a revised purchasing policy.
At the request of the Mayor, the Purchasing Policy Work Group has reviewed the
existing policy, talked with various departments throughout the city, and
presents a revised policy. Changes of note include:
The purchasing authority has been increased based on review of recent
purchases.
The process for correcting a bid was modified to limit liability.
The local preference has been modified.
Goals have been included for disadvantaged contractors.
Provisions to select vendors based on qualifications have been further outlined.
The use of prevailing wages has been modified.
Staff approval of change orders has been changed based on contingency
included in the budget.
Provisions for handling violations of the policy have been added.
STAFF RECOMMENDATION: To approve the revised Purchasing Policy.
Motion by Commissioner Johnson, second by Commissioner Ramsey, to
approve the revised Purchasing Policy
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
and Johnson
Page 11 of 17
Nays: None
MOTION PASSES
S. G & L Chili Dogs Concession Agreement – Various City Parks Public
Works
SUMMARY OF REQUEST: Staff is requesting permission to enter into a 1-year
Contractual Concession Agreement with William Silvey of G & L Chili Dogs at
various city parks for the 2021 season.
The Department of Public Works is requesting permission to enter into a 1-year
Contractual Concession Agreement, for 2021, with William Silvey of G & L Chili
Dogs, for a Concession at various City Parks, as outlined in their proposal. The
business will be operating a mobile food truck, per their proposal. Commission is
$1,000.00 and 5% of gross receipts annually.
STAFF RECOMMENDATION: Authorize staff to enter into a 1-year Contractual
Concession Agreement with William Silvey of G & L Chili Dogs at various city
parks for the 2021 season.
Motion by Commissioner Johnson, second by Commissioner Emory, to authorize
staff to enter into a 1-year Contractual Concession Agreement with William
Silvey of G & L Chili Dogs, at various City Parks for the 2021 season.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
and Gawron
Nays: None
MOTION PASSES
X. 425 Agreement Business Park North Removal/Acquisition of 902 Pine Street
Economic Development
SUMMARY OF REQUEST: The department has been working with Muskegon
County for some time now as to their requested disposition of the 425 Shared
Jurisdiction Agreement at Business Park North. We have come to terms that
have been agreed upon by the County Commission and are for your
consideration.
Effectively, the City of Muskegon would remove the existing 425 Agreement
between the City, County, and Dalton Township. This would forego claims to
future income tax revenues sourced from any jobs created at this site for the
city, and so we determined that it was not in the best interest of the community
to simply agree to dispense of the agreement. We requested that the County
relinquish to us a roughly 1/3rd acre parcel at 902 Pine, which the county
acquired in 2013 for a parking lot they never built. This site was the former
location of a longstanding furniture store, then Pine Street Antiques which was
demolished by Muskegon County when they took possession of the lot. City staff
feel this lot would make a quality candidate for further workforce housing
Page 12 of 17
options in the community, and potentially some mixed use commercial as well.
The County would not trade the lot for free in exchange for removal of the 425,
so agreed to sell it for half of its appraised value, $24,000. The City countered by
requesting that they invest some or all of that revenue from the sale into the
paving of another gravel lot located across Pine Street from this lot which is
currently used by the County Sheriff’s Department for parking. The County
Administrator agreed to these terms. This will increase the curb appeal and
value for resale and development of the lot we wish to trade.
There are two excavation companies that have conditional purchase
agreements on much of the site at Business Park North. Accurate Excavation
and Ryerson Excavation have both requested to purchase acreage there in
order to build storage facilities for vehicles and potentially to store excess
materials and fill. As of now the County has informed us these are the only
development prospects they have for the sites. Staff has included the relevant
documents and records on the lot in your packet. Staff proposes to utilize the
Economic Development Fund (493) to acquire this lot, file the necessary Baseline
Environmental Assessments with EGLE, and the immediately outlay a Request for
Proposals to see the lot redeveloped. The expectation is that we would achieve
market value for the lot, which should be in the $50,000 range in the event it is
selected for a potential LIHTC development.
AMOUNT REQUESTED: $24,000 AMOUNT BUDGETED: N/A (Capital Fund)
FUND OR ACCOUNT: Economic Development Fund 493 (Current Balance
$687,000)
STAFF RECOMMENDATION: To direct staff and legal counsel to prepare
necessary documents to remove the City of Muskegon from the 425 Shared
Jurisdiction Agreement at Business Park North, and to approve the purchase of
902 Pine Street as presented.
1st Motion: Motion by Commissioner Johnson, second by Commissioner
Rinsema-Sybenga, to direct staff and legal counsel to prepare necessary
documents to remove the City of Muskegon from the 425 Shared Jurisdiction
Agreement at Business Park North, and to approve the purchase of 902 Pine
Street as presented.
2nd Motion (amendment): Motion by Commissioner Johnson, second by
Commissioner Emory, to make an inter-fund loan from our General Fund to our
Economic Development Revolving Loan Fund for $24,000 for the purchase of 902
Pine Street to be paid back upon the resale of the property.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
and Ramsey
Nays: None
MOTION PASSES
Page 13 of 17
Vote on 1st Motion:
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
Gawron, and Hood
Nays: None
MOTION PASSES
2021-36 UNFINISHED BUSINESS:
A. Motion to Reconsider Amendment to Zoning Ordinance for 885 E. Apple
Commissioner Emory
SUMMARY OF REQUEST: Commissioner Emory is requesting possible
reconsideration of the motion to amend the zoning ordinance for 885 E. Apple.
At the March 23, 2021 meeting there was a “Motion by Commissioner Johnson,
second by Commissioner Ramsey, to approve the request to amend Section
2331 of the zoning ordinance to expand the marihuana facilities overlay district
to allow for retail and provisioning license types at 885 E. Apple.
The vote on March 23, 2021 was as follows:
ROLL VOTE: Ayes: Rinsema-Sybenga, Johnson, and Gawron
Nays: Ramsey, German, Emory, and Hood
MOTION FAILS
1st Motion: Motion by Commissioner Emory, second by Commissioner Ramsey, to
reconsider an amendment to the zoning ordinance for 885 E. Apple Avenue.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, and
Ramsey
Nays: German
MOTION PASSES
2nd Motion: Motion by Commissioner Emory, second by Commissioner Johnson,
to approve the request to amend section 2331 of the zoning ordinance to
expand the marihuana facilities overlay district to allow for retail and
provisioning license types at 885 E. Apple Avenue.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
B. *Rezoning Request – Dowd/Hudson – 2nd Reading
SUMMARY OF REQUEST: Request to rezone 2172 Dowd Street, 2184 Dowd Street,
2169 Hudson Street, and 2171 Hudson Street from R-1, Low Density Single Family
Page 14 of 17
Residential to Form Based Code, Urban Residential by Stephen Benedict.
The Planning Commission made a recommendation to this request at their
special meeting on Thursday, March 18, 2021.
STAFF RECOMMENDATION: To approve the request to rezone 2172 Dowd
Street, 2184 Dowd Street, 2169 Hudson Street, and 2171 Hudson Street from R-1,
Low Density Single Family Residential to Form Based Code.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to approve the request to rezone 2172 Dowd Street, 2184 Dowd Street, 2169
Hudson Street, and 2171 Hudson Street from R-1, Low Density Single Family
Residential to Form Based Code.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, and Rinsema-
Sybenga
Nays: Emory
MOTION PASSES
2021-37 NEW BUSINESS:
A. Special Event Fee Waiver – Cheers Community Crawl City Clerk
SUMMARY OF REQUEST: Every Woman’s Place is seeking a Special Event Fee
Waiver for their fundraising event on April 24, 2021.
Every Woman’s Place holds an annual fundraiser that has been impacted by
COVID. Their event has moved to the Olthoff Stage and is asking to utilize Third
Street between Western and Clay. They are asking their City fees be waived for
2021. Based on the needs of their event, we do not forsee any further costs for
their event. At this time, they have paid a $250 application fee.
STAFF RECOMMENDATION: To approve, approve in part, or deny the request
from Every Woman’s Place to waive the $250 in special event fees for the
Cheers Community Crawl event in 2021.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
approve the request from Every Woman’s Place to waive the $250 in special
event fees for the Cheers Community Crawl event in 2021.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
and Johnson
Nays: None
MOTION PASSES
B. Special Event Fee Waiver – Footlights Fun Camp City Clerk
SUMMARY OF REQUEST: Muskegon Civic Theatre is seeking a Special Event Fee
Waiver for their theatre arts camps on July 19-23, July 26-30, and August 9-13,
2021.
Page 15 of 17
Muskegon Civic Theatre is looking to hold their theatre arts camp outdoors this
year due to COVID. This camp is a large revenue source for them and had to
cancel in 2020. They are asking their City fees be waived for 2021. Based on the
needs of their event, the estimated cost of their event is $2,980 ($750 Hackley
Park stage use for 15 days, $30 for two trash cans for three weeks, $300 for ten
picnic tables for three weeks, up to $1,800 in DPW personnel labor costs for
moving ten picnic tables six times and $100 application fee.)
STAFF RECOMMENDATION: To approve, approve in part, or deny the request
from Muskegon Civic Theatre to waive up to $2980 in special event fees for the
Footlights Fun Camp in 2021.
Motion by Vice Mayor Hood, second by Commissioner Rinsema-Sybenga, to
approve the request from Muskegon Civic Theatre to waive up to $2,980 in
special event fees for the Footlights Fun Camp in 2021
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
and Gawron
Nays: None
MOTION PASSES
C. Special Event Fee Waiver – Senior Community Day City Clerk
SUMMARY OF REQUEST: Senior Market Group of Muskegon is seeking a Special
Event Fee Waiver for their free Senior Community Day on either August 5th or 6th,
2021.
The Senior Market Group of Muskegon holds a free community day for seniors
every year. In recent years they have held their event at a local high school but
due to COVID, they want to hold the event outdoors. They are asking their City
fees be waived for 2021. Based on the needs of the event, the estimated cost of
their event is $800 ($500 Hackley Park user fee, $100 for 20 trash cans, $100 for
two cases of trash bags, and $100 application fee.)
STAFF RECOMMENDATION: To approve, approve in part, or deny the request
from Senior Marketing Group of Muskegon to waive $800 in special event fees
for the Senior Community event in 2021.
Motion by Commissioner Ramsey, second by Commissioner Rinsema-Sybenga,
to approve the request from the Senior Marketing Group of Muskegon to waive
up to $800 in special event fees for the Senior Community event in 2021 and to
approve the request from the American Cancer Society to waive up to $150 in
special event fees for the Relay for Life Luminaria Event.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
Gawron, and Hood
Nays: None
Page 16 of 17
MOTION PASSES
D. Special Event Fee Waiver – Relay for Life City Clerk
SUMMARY OF REQUEST: The American Cancer Society is seeking a Special
Event Fee Waiver for their Relay for Life Luminaria Memorial Event on June 5th,
2021.
The American Cancer Society holds a luminaria event as a memorial to those
who have lost their battle to cancer. Their revenue has been significantly
decreased during the pandemic and reducing their costs would help with their
mission. They are asking their City fees be waived for their 2021 event. Based on
the needs of their event, the estimated cost of their event is $150 ($50 Hackley
park Stage user fee and $100 application fee.
STAFF RECOMMENDATION: Approve, approve in part, or deny the request
from the American Cancer Society to waive up to $150 in special event fees for
the Relay for Life Luminaria Event. (approval handled with previous item)
ANY OTHER BUSINESS: City Manager, Frank Peterson, is seeking City
Commission support in providing 250 beach parking passes to the City of
Muskegon Heights and allowing our Community and Neighborhood Services
Director, Oneata Bailey, to work with her counterpart in the City of Muskegon
Heights to get those beach passes to low-moderate income families. The
Commission is supportive of this idea and program. Commissioner Johnson
would like to see this program available to all CDBG communities in Muskegon
County.
Commissioner Johnson would like an update on the parking expansion at Pere
Marquette Park and the new pathway. He asked where we are in the
application process of special project permitting from MDEGLE. The City
Manager advised that we will be working with Prism on this process.
Commissioner Johnson asks that a public hearing be held as part of the
planning commission as part of the project or plan review.
PUBLIC COMMENT: Public comments were received
ADJOURNMENT: The meeting adjourned at 8:20 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
Page 17 of 17
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 4/27/2021 Title: Fireworks Display Permit for City of
Muskegon
Submitted By: Ann Meisch Department: City Clerk
Brief Summary: Melrose Pyrotechnics, Inc. is requesting approval of a fireworks display permit for
July 3, 2021 in downtown Muskegon. The fire Marshall will inspect the fireworks on the day of the
event.
Detailed Summary:
Amount Requested: n/a Amount Budgeted: n/a
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the fireworks permit contingent on inspection of the fireworks
and approval of insurance.
For City Clerk Use Only:
Commission Action:
Muskegon, MI Melrose Pyrotechnics Inc.
340 Morris Ave, Muskegon MI 49440 03/29/2021 Michael Falk
Spectators
on water Spectators
Road, railroad & trail
shut down during show. Spectators
100’ 350’
No public within 100 feet
Spectators during setup.
No spectators inside RED
safety circle during the show.
Spectators
Launch Location Setup area: 50’ X 50’ Radius from setup area: 350’
APPLICATION FOR FIREWORKS DISPLAY PERMIT
Michigan Department of Energy, Labor, & Economic Growth
Bureau of Fire Services
2021
P.O. Box 30700
Lansing, MI 48909
(517) 241-8847
Authority: 1988 PA 358 The Department of Energy, Labor & Economic Growth will not discriminate against any individual or group because or
Compliance: Voluntary race, sex, religion, age, national origin, color, material status, disability, or political beliefs. If you need assistance with
Penalty: Permit will not be issued reading, writing, hearing, etc., under the American with Disabilities Ace, you may make your needs known to this agency.
PUBLIC DISPLAY AGRICULTURAL PEST CONTROL Date of Application 4/13/2021
Name of Applicant Address Age (18 or over)
Melrose Pyrotechnics, Inc. PO Box 302, Kingsbury IN 46345
If a Corporation, Name of President Address
Michael Cartolano PO Box 302, Kingsbury IN 46345
If a Non-resident Applicant: Name of MI Address Phone No.
Attorney or Resident Agent 4369 E Summit Woods Dr NE, Rockford MI 49341 (616) 427-0377
Michael Falk
Name of Pyrotechnic Operator Address Age (18 or over)
Michael Falk 4369 E Summit Woods Dr NE, Rockford MI 49341 49
No. Years Experience / No. Displays Where
31 years / 400+ displays Michigan, Indiana, Illinois, Missouri, Texas, Florida
Name of Assistant: Address Age
Matthew Falk 4369 E Summit Woods Dr NE, Rockford MI 49341 47
Name of Other Assistant: Address Age
Todd Driesenga 4369 E Summit Woods Dr NE, Rockford MI 49341 52
Exact Location of Proposed Display
340 Morris Ave, Muskegon MI 49440
Date of Proposed Display July 3, 2021 Time of Proposed Display Approx 10:25 PM
No. Of Fireworks Kind of Fireworks to be Displayed
Approximately 3500 Aerial display shells ranging in size from 1 ¼ inches to 5 inches in diameter.
Manner & Place of Storage Prior to Display (Subject to Approval of Local Fire Authorities)
No storage necessary, delivered on date of display
Amount of Bond of Insurance (to be set by local gov’t) Name of Bonding Corporation or Insurance Company
$5,000,000.00 Britton-Gallagher & Associates
Address of Bonding Corporation or Insurance Company
One Cleveland Center, Floor 30; 1375 East 9th Street, Cleveland, Ohio 44114
Signature of Applicant
For Melrose Pyrotechnics, Inc.
FIREWORKS DISPLAY PERMIT
Michigan Department of Energy, Labor, & Economic Growth
Bureau of Fire Services
2021
P.O. Box 30700
Lansing, MI 48909
(517) 241-8847
Authority: 1988 PA 358 The Department of Energy, Labor & Economic Growth will not discriminate against any individual or group because or
Compliance: Voluntary race, sex, religion, age, national origin, color, material status, disability, or political beliefs. If you need assistance with
Penalty: Permit will not be issued reading, writing, hearing, etc., under the American with Disabilities Ace, you may make your needs known to this agency.
This permit is not transferable. It authorizes the resident wholesale dealer or jobber named below to have in his or her
possession fireworks of any type, for sale only to holders of permits for public display or agriculture control.
PUBLIC DISPLAY AGRICULTURAL PEST CONTROL
Issued To Age (18 or over)
Melrose Pyrotechnics, Inc.
Address
4369 E Summit Woods Dr NE, Rockford, MI 49341
Name of Organization, Group, Firm, or Corporation
City of Muskegon
Address
933 Terrace Street, Muskegon MI 49440
Number and Types of Fireworks
Approximately 3500 aerial display shells ranging in size from 1 ¼ inches to 5 inches in diameter.
Exact Location of Display
340 Morris Ave, Muskegon MI 49440
City, Village, Township Date Time
City of Muskegon July 3, 2021 Approx. 10:25 PM
Bond or Insurance Filed? Amount
Yes No $5,000,000.00
Issued by action of : council commission board of the
city village township of ____________________________________________
(Name of City, Village, Township)
on the __________________ day of ________________________________, _______________
______________________________________________________________________________
(Signature and Title of Council/Commission/Board Representative)
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
4/13/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
Britton Gallagher PHONE FAX
One Cleveland Center, Floor 30 (A/C, No, Ext): 216-658-7100 (A/C, No):
E-MAIL
1375 East 9th Street ADDRESS:
Cleveland OH 44114 INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : Everest Indemnity Insurance Co. 10851
INSURED INSURER B : Travelers Indemnity Co 25658
Melrose Pyrotechnics, Inc.
Kingsbury Industrial Parkway INSURER C : Everest Denali Insurance Company 16044
Heinold Complex INSURER D : Arch Specialty Insurance Company
Kingsbury IN 46345 INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: 2074870176 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
A GENERAL LIABILITY Y SI8ML00042-211 1/15/2021 1/15/2022 EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ 500,000
CLAIMS-MADE X OCCUR MED EXP (Any one person) $
PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000
POLICY X JECT
PRO- $
LOC
C AUTOMOBILE LIABILITY SI8CA00025-211 1/15/2021 1/15/2022 COMBINED SINGLE LIMIT
(Ea accident) $ 1,000,000
X ANY AUTO BODILY INJURY (Per person) $
ALL OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS AUTOS
X X NON-OWNED PROPERTY DAMAGE $
HIRED AUTOS AUTOS (Per accident)
$
D UMBRELLA LIAB X OCCUR UXP1035209-01 1/15/2021 1/15/2022 EACH OCCURRENCE $ 4,000,000
X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 4,000,000
DED RETENTION $ $
B WORKERS COMPENSATION 0323N491 (MI) 4/1/2021 4/1/2022 X WC STATU- OTH-
AND EMPLOYERS' LIABILITY TORY LIMITS ER
Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Additional Insured extension of coverage is provided by above referenced General Liability policy where required by written agreement.
DISPLAY DATE: July 2, 2021 & July 3, 2021
July 2nd LOCATION: Muskegon Country Club, Muskegon, Michigan
July 3rd LOCATION: 340 Morris Ave, Muskegon, Michigan
ADDITIONAL INSURED: Muskegon Country Club; City of Muskegon, all elected and appointed officials, all employees and volunteers, all boards, commissions,
and/or authorities and board members, including employees and volunteers thereof; Foundry Square LLC; FS Funding LLC; Social Security Administration
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Muskegon
933 Terrace Street AUTHORIZED REPRESENTATIVE
Muskegon MI 49440
© 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 27, 2021 Title: Request to Fly the Norwegian Flag
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: Sons of Norway are requesting permission to fly the Norwegian Flag at City Hall
on Constitution Day (Independence Day) which is Monday, May 17th.
Detailed Summary: N/A
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the request.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 4/27/2021 Title: Temporary Extension of Service Area
for Smash Wine Bar
Submitted By: Ann Meisch Department: City Clerk
Brief Summary: Staff is seeking approval from the Commission to write a letter to the Michigan
Liquor Control Commission to allow for the temporary extension of the service area (approved in
2020) for Smash Wine Bar to be extended until November 30, 2021.
Detailed Summary:
Amount Requested: n/a Amount Budgeted: n/a
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the request to temporarily extend the outdoor service area for
Smash Wine Bar.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 4-27-2021 Title: Downtown Muskegon Social District
plan and map amendments
Submitted By: Dave Alexander Department: Economic Development
Brief Summary: Requesting approval of an updated Muskegon Downtown Social District plan and
map, removing the CIO Hall, 490 W. Western Ave., from the district.
Detailed Summary: The Muskegon City Commission approved the Downtown Muskegon Social
District in August. The social district law does not allow non-profit, special event beer licenses in
the district if the district is operating. Staff and commission do not want to shut down the social
district for special events. Port City CIO Building Association, a non-profit of union users of the
building at 490 W. Western, has requested to be removed from the Muskegon Downtown Social
District. The building does not have a permanent liquor license. The commission needs to approve
an amended social district plan, a new social district map and an accompanying resolution. All are
attached.
Amount Requested: none Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: I move to approve an amended Muskegon Downtown Social District plan
and map in conjunction with a resolution removing 490 W. Western Avenue from the district.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
RESOLUTION APPROVING DOWNTOWN MUSKEGON SOCIAL DISTRICT
AMENDED PLAN AND MAP
City of Muskegon
County of Muskegon, Michigan
Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of
Muskegon, Michigan (the “City”), held virtually, live on the city’s FaceBook page per the
governor’s COVID-19 executive order on open meetings, on the 27th day of April, 2021 at 5:30
p.m., prevailing Eastern Time.
PRESENT:
ABSENT:
The following preamble and resolution were offered by Commissioner
___________________ and supported by Commissioner __________________.
WHEREAS, in accordance with Public Act 124 of 2020 on the establishment of Social
Districts within a Michigan city; and
WHEREAS, COVID-19 pandemic has caused unprecedented economic disruption
worldwide and within our local business community; and
WHEREAS, restaurants and bars, which have been key contributors to the historic
redevelopment of Downtown Muskegon, have been and will continue to be hard hit by the
economic impact of the pandemic; and
WHEREAS, increasing availability of outdoor spaces for dining and drinking will help
downtown and its businesses recover; and
WHEREAS, Public Act 124 of 2020 empowers local governments like the City of
Muskegon to enhance its downtowns with Social Districts and accompanying Common Areas
where purchasers may consume and possess alcoholic beverages sold by multiple qualified
Michigan Liquor Commission licensees who obtain Social District Permits; and
WHEREAS, the City Commission has received requests to designate a downtown Social
District; and
WHEREAS, the City Commission has considered the potential impact of the requested
Social District on the public health, safety and welfare of the city; and
WHEREAS, the City Commission approved a Muskegon Downtown Social District initial
plan and map the 25th day of August, 2020 and the district has been operating since the third
weekend in September, 2020, and
WHEREAS, the City Commission desires to designate a downtown Social District with a
Common Area,
WHEREAS, the City Commission has received a request from the Port City CIO Building
Association, a Michigan non-profit corporation, to remove its property at 490 W. Western Ave.,
from the district
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The following Social District containing a Common Area is designated described in
the attached and amended plan and map that removes 490 W. Western Ave. from
the district, and
2. That the Common Area within the Social District, the City Manager, or his designee,
is authorized to make minor and reasonable adjustments to the Common Area to
safeguard public health, safety and welfare, and
3. That the Social District and Common Area have at least two qualified, participating
and permitted Liquor Control Commission licensees, and
4. That the signage placed to clearly define and mark the limits of the Common Area
shown in the plan and on the Social District map, and
5. The management and maintenance of the Social District and Common Area shall be
conducted by city staff in accordance with the operational details in the plan, and
6. That the Social District and Common Area shall be maintained in a manner that
protects the health and safety of the city, and
7. That, if the Social District and Common Area are deemed to be a public health and
safety concern, a public hearing revoking the plan will be held before the City
Commission in accordance with Act. 124 of 2020.
Be it Further Resolved that the Mayor and City Clerk are hereby authorized to execute
all documents necessary to file the amended Muskegon Downtown Social District plan and map
with the Michigan Liquor Control Commission.
AYES:
NAYS:
RESOLUTION DECLARED APPROVED.
Ann Marie Meisch, City Clerk
Stephen J Gawron, Mayor
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on April 27, 2021 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 modified by the governor’s COVID-19
executive order and that the minutes of said meeting were kept and will be or have been made
available as required by said Act.
Ann Marie Meisch, City Clerk
Muskegon Social District Plan
Adopted Aug. 25, 2020
Amended April 27, 2021
Introduction:
The City of Muskegon seeks to take advantage of Michigan Public Act 124 of 2020 signed in to
law on July 1, 2020. This is enabling legislation that would allow Michigan municipalities to
establish Social Districts that would allow for “common areas” where two or more contiguous
licensed establishments (bars, distilleries, breweries, restaurants and tasting rooms) could sell
alcoholic beverages in special cups to be taken into the area for consumption. Muskegon city
administration through a collaboration of all City Hall departments is designing a Muskegon
Social District and the policies, parameters and management of this new community
development tool. This Muskegon Social District Plan is being shared with potential license
holder users for refinement of the plan, a final draft will be presented to the Muskegon City
Commission for approval and sent on to the Michigan Liquor Control Commission for state
concurrence. The Muskegon City Commission approved the plan Aug. 25, 2020 and it has been
accepted by the MLCC. The district began operations the third weekend in September, 2020.
Management:
The Muskegon Social District would be created and managed by the city through its economic
development department and downtown manager. The district management and operations
would be assisted by the city’s public safety, public works, clerk and finance departments.
District boundaries:
The Muskegon Social District would have a common area south of Shoreline Drive with the
potential of expanding to the north in the future.
The initial Muskegon Social District would be mainly along West Western Avenue from Eighth
Street to Pine Street, including portions of Clay Avenue, Morris Avenue, Third Street and
Jefferson Street. Specifically, the plan amended by the Muskegon City Commission April 27,
2021 removes the property at 490 W. Western Ave., owned by Port City CIO Building
Association. (maps attached)
Streets in the Social Districts would remain open to traffic and for parking, unless parking
spaces are given to outdoor dining. The district is being proposed with the expectation of
certain properties being developed that would include future businesses with liquor licenses
that might expand the common area.
Potential participating license holders:
Muskegon Social District -- The Eagles, Tipsy Toad, Mike’s Bar, Pigeon Hill, Burl & Sprig, Top
Shelf, Mercy Health/Rad-Dads, Dr. Rolf’s, Racquets, Smash, Walker’s, the CIM’s Courses, Unruly,
Boar’s Belly, 18th Amendment, WMSO/The Block, Farmers Market, Hennessy’s, Nipotes, 794
Kitchen, Capone’s, and Rake.
Participating license holders would be asked to sign a Social District agreement with the city,
which must approve social district permits issued by the MLCC. This allows a license holder to
sell alcoholic beverages in special district cups in its service area to be taken into the common
area for consumption.
Non-alcohol businesses within the district:
There are businesses which could be in the common area and allow for Social District beverages
to be brought into those places of business. Examples would be retail outlets such as Vintage
Redefined, Harris and Willow, Western Market and the Century Club Center.
Operations:
The Muskegon Social Districts would operate year round but the district’s seasonal road
closures along with outdoor services and amenities would be from May 1 to Oct. 31. Operations
would be seven days a week. The common areas would be open from 11 a.m. until 11 p.m.
Before 11 a.m. and after 11 p.m., Social District beverages would not be able to be possessed
nor consumed in the common areas. After hours, consumption of alcoholic beverages would
have to be contained within the license holders’ service areas.
It is the intent of city administration to begin implementing the Muskegon Social Districts in
2020, if possible. An initial roll out might not be a full Muskegon Social District but by the spring
of 2021 the entire Muskegon Social District plan would be implemented.
District designation and marking:
The boundaries of the Muskegon Social Districts would be clearly designated and marked with
signs and graphics on streets and sidewalks. The signs could be accompanied by a trash
receptacle for customers to dispose of used district cups as they exit the district.
Social District financing:
The Muskegon Social District established, implemented and managed by the City of Muskegon
must generate enough revenue to cover its costs. A number of funding models could pay for
the Muskegon Social District. The options include a surcharge on beverages purchased for
possession and consumption in the common areas though an upcharge on cups that would
need to be purchased through the city. Participating establishments could handle the surcharge
however they choose within their product price structure. The cup could contain a sponsor logo
or message that could generate dollars for the district. The district establishments could charge
a small daily fee for a wrist band to be a common area user. And finally, a district fee for
participating license holders in the Muskegon Social District could generate further revenues.
One or a blending of these funding methods would be explored and implemented by consensus
of the city and the participating establishments. Revenues would pay for initial implementation
such as signs and trash receptacles and ongoing costs such as the cups, security-enforcement,
sanitation, marketing-promotion and entertainment.
Social District logo and beverage containers:
The Muskegon Social Districts should have a name for branding and marketing purposes but
must have a special logo for use on the non-glass district beverage cups of no more than 16
ounces. The cups of various colors and/or stickers to differentiate among license holders must
also have a logo or name identifying the establishment. Muskegon Social District cups may not
be reused, must remain in the establishment where they were purchased or in the common
area and may not be taken into an establishment that did not sell the beverage.
Muskegon Social District will explore the use of cups that can be recycled or composted.
Security-enforcement:
Security and enforcement in the Muskegon Social Districts would be provided by the Muskegon
Police Department. The Muskegon Social District may hire certified private security personnel
to assist within the district.
Insurance:
The city would insure its management and operation of the Muskegon Social District through its
municipal umbrella insurance policy. Participating license holders would be left to secure their
own liability insurance as they deem necessary.
Sanitation:
The Muskegon Public Works Department with heavy assistance from participating
establishments would provide sanitation within the district including trash removal, litter pick
up on a daily basis and deployment of portable toilets, if needed. Each participating license
holder would be required to have a city provided trash receptacle outside of its entrances for
the disposal of district cups and empty those receptacles when needed. The city would
maintain its current downtown trash receptacles and could expand the number in areas where
establishments are not available to assist.
Marketing and promotion:
The Muskegon Social District should have a branded name for marketing purposes and a
distinctive logo. Marketing would be done through traditional free media and paid advertising
along with extensive social media. The district needs its own Facebook page, other social media
accounts and website.
Entertainment/food trucks:
The Muskegon Social District has the opportunity to provide entertainment on a regular basis
and food trucks when warranted. The district includes three small stages to provide various
musical acts, including Olthoff Stage, Alcoa Square and the Farmers Market. The district could
also coordinate and promote individual establishments wanting to feature musical
entertainment. Finally, food trucks could be introduced to drive visitors into the district and
create a street-fair atmosphere when deemed necessary.
Festivals/special events:
The state’s Social District law does not allow special event liquor licenses to participate in a
Social District. Such special licenses are the backbone of several large festival events historically
within Muskegon’s Social Districts. Going forward, the Muskegon Social District and its
participating license holders seem to favor allowing these “beer tents” with no alcoholic
beverage entering or exiting special-event licensed area. But ongoing coordination and
collaboration with downtown events and festivals would be needed.
Muskegon Social District - South
Muskegon Social District
1 The Eagles
2 No Name Saloon
3 Mike’s Inn
4 Pigeon Hill Brewing
5 Burl and Sprig
6 Top Shelf 20
16 17 18
7 Mercy Health Arena/Rad Dads 19
8 Dr. Rolf’s BBQ
9 Legends
10 Smash Wine Bar & Bistro
11 Walker’s The Foundation
12 The CIM’s Courses
15
13 Unruly Brewing 14
13
14 The Block
15 18th Amendment 11
16 Farmers Market 12
17 Nipote’s 9 10
18 794 Kitchen & Bar 7
19 Capone’s Speakeasy 5 8
6
20 Rake Beer Project 4
3
2
1
= Consumption Area
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 4-27-2021 Title: Social District Permit recommendation
Submitted By: Dave Alexander Department: Economic Development
Brief Summary: The City Commission must recommend approval of the Michigan Liquor Control
Commission permits of participating licensed establishments in the Downtown Muskegon Social
District.
Detailed Summary: With the establishment of the Downtown Muskegon Social District,
participating licensed establishments must receive a Social District permit from the Michigan Liquor
Control Commission. The MLCC must first receive a recommendation for approval from the City
Commission before granting the permits. You handled the initial eight such requests at your Aug.
25 and Sept. 8 meetings and subsequently approved 17 establishments. The attached resolution is
for a second location for Burl & Sprig (former Boar’s Belly) which is also seeking a Social District
permit from the state and seeking City Commission recommended approval. The Social District
plan identifies 22 potential participating licensees within the district. Other licensed establishments
may file a Social District permit application in the future.
Amount Requested: None Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the resolution recommending Michigan Liquor Control
Commission approval of Social District permits in the Downtown Muskegon Social District and to
direct the City Clerk to certify the City Commission action with the MLCC.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
RESOLUTION RECOMMENDING DOWNTOWN MUSKEGON SOCIAL DISTRICT
PERMIT APPLICATON APPROVAL
City of Muskegon
County of Muskegon, Michigan
Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of
Muskegon, Michigan (the “City”), held at Muskegon City Hall, 933 Terrace, Muskegon, MI 49440
and virtually online on the city’s Facebook page on the 27th day of April, 2021 at 5:30 p.m.,
prevailing Eastern Time.
PRESENT:
ABSENT:
The following preamble and resolution were offered by Commissioner
___________________ and supported by Commissioner __________________.
WHEREAS, in accordance with Public Act 124 of 2020 on the establishment of Social
Districts within a Michigan city; and
WHEREAS, COVID-19 pandemic has caused unprecedented economic disruption
worldwide and within our local business community; and
WHEREAS, restaurants and bars, which have been key contributors to the historic
redevelopment of Downtown Muskegon, have been and will continue to be hard hit by the
economic impact of the pandemic; and
WHEREAS, increasing availability of outdoor spaces for dining and drinking will help
downtown and its businesses recover; and
WHEREAS, Public Act 124 of 2020 empowers local governments like the City of
Muskegon to enhance its downtowns with Social Districts and accompanying Common Areas
where purchasers may consume and possess alcoholic beverages sold by multiple qualified
Michigan Liquor Commission licensees who obtain Social District Permits; and
WHEREAS, the City Commission has designated a Downtown Muskegon Social District
and Common Area, and
WHEREAS, the city has received requests from multiple qualified licensees to
recommend approval of their Social District Permit applications by the Michigan Liquor Control
Commission, and
WHEREAS, the licensed establishments are contiguous to the Common Area within the
Social District, and
WHEREAS, the City Commission desires to recommend approval of the Social District
Permit applications,
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Social District Permit Applications from the following licensees are
recommended by the City Commission to consideration and approval by the
Michigan Liquor Control Commission:
a. West Michigan Rum Co LLC, dba/Burl & Sprig, at Suite 4 and 2, 333 W.
Western.
b.
2. The City Clerk is authorized and directed to provide each applicant with a certification
of this action in the form specified by the Michigan Liquor Control Commission.
AYES:
NAYS:
RESOLUTION DECLARED APPROVED.
Stephen J Gawron, Mayor
Ann Marie Meisch, City Clerk
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on April 27, 2021 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 and that the minutes of said meeting were kept and will
be or have been made available as required by said Act.
Ann Marie Meisch, City Clerk
Michigan Department of Licensing and Regulatory Affairs
Liquor Control Commission (MLCC)
Toll-Free: 866-813-0011 - www.michigan.gov/lcc
Social District Permit Information
Local Governmental Approval Required Before You Apply
The city, township, or village where your business is located must have first designated a Social District before
you may apply. Your licensed business must be contiguous to the commons area inside the Social District to
qualify. Check with your local governmental unit to see if you qualify.
Your licensed business must also be approved individually by the city, township, or village before you apply for
a Social District Permit. A local governmental unit approval form is attached to this application.
The governing body of a local governmental unit may designate a Social District within its jurisdiction that contains a commons area
in which the patrons of qualified licensees may consume alcoholic liquor (beer, wine, mixed spirit drink, spirits, or mixed drinks/
cocktails) in the commons area.
At least two (2) qualified licensees must have their licensed premises contiguous to a commons area for the area to qualify to be part
of a social district.
The local governmental unit must define and clearly mark the commons area with signs. The local governmental unit must establish
a management plan, including the hours of operation, for the commons area. These plans must be submitted to the Commission.
A qualified licensee may apply the to Commission for a Social District Permit using the attached application. The licensee must first
obtain approval from the governing body of the local governmental unit before applying for the permit.
A licensee that has been issued a Social District Permit may sell alcoholic liquor for on-premises consumption on its licensed premises
only, but then customers may remove the alcoholic liquor from the premises to be consumed in the commons area. A licensee must
not sell alcoholic liquor in the commons area.
The commons area is not considered part of any licensee's licensed premises. Nevertheless, a licensee that has been issued a Social
District Permit must make every effort to ensure that it does not sell alcoholic liquor to a minor or intoxicated person.
Any alcoholic liquor sold to customers for consumption in the commons area by a licensee with a Social District Permit must comply
with all of the following:
• The serving container must prominently display the licensee's trade name or logo or some other mark that is unique to the
licensee that sold the alcohol.
• The serving container must prominently display a logo or some other mark that is unique to the commons area.
• The serving container is not made of glass.
• The serving container does not have a liquid capacity over 16 ounces.
A customer that purchases alcoholic liquor to be consumed in a commons area must not transport that alcoholic liquor onto the
licensed premises of another licensee contiguous to the commons area from which the customer did not purchase the alcoholic
liquor. A licensee shall not allow alcoholic liquor purchased from another licensee to be brought onto its licensed premises.
A customer that purchases alcoholic liquor to be consumed in a commons area must not transport that alcoholic liquor outside of the
commons area.
Qualified licensees for Social District Permits are:
• A retailer licensee that is licensed to sell alcoholic liquor for consumption on the premises, such as a Class C, Tavern, A-Hotel,
B-Hotel, Club, G-1, or G-2. A Special License issued to a nonprofit organization is not a qualified licensee.
• A manufacturer with an On-Premises Tasting Room Permit.
• A manufacturer with an Off-Premises Tasting Room License or a Joint Off-Premises Tasting Room License. For Joint Off-
Premises Tasting Room Licenses, all licensees that have licenses at that same location must be approved for and issued a
Social District Permit.
Michigan Department of Licensing and Regulatory Affairs
Business ID:
Liquor Control Commission (MLCC)
Toll-Free: 866-813-0011 - www.michigan.gov/lcc Request ID:
(For MLCC Use Only)
Social District Permit Application
Part 1 - Licensee Information
Individuals, please state your legal name. Corporations or Limited Liability Companies, please state your name as it appears on your Articles of Incorporation / Organization.
Licensee name: West Michigan Rum Co. LLC
Address: 333 W Western Ave Suite 4 & Suite 2
City: Muskegon State: MI Zip Code: 49440
Contact Name: Cody Wasilchenko Phone: 941-421-6407 Email: [email protected]
Part 2 - Required Documents & Fees
Local Governmental Unit Approval
Approval from the local governmental unit (city council, township board, village council) is required to be submitted with this application
(See page 2 for approval form)
Leave Blank - MLCC Use Only
TOTAL DUE:
$70.00 Inspection Fee (MLCC Fee Code 4036)
$250.00 Social District Permit Fee (MLCC Fee Code 4081) Make checks payable to State of Michigan
Part 3 - Signature of Licensee
Under administrative rule R 436.1003, the licensee shall comply with all state and local building, plumbing, zoning, sanitation, and health
laws, rules, and ordinances as determined by the state and local law enforcements officials who have jurisdiction over the licensee.
Approval of this application by the Michigan Liquor Control Commission does not waive any of these requirements. The licensee must
obtain all other required state and local licenses, permits, and approvals for this business before using this permit for the sale of alcoholic
liquor on the licensed premises.
I certify that the information contained in this form is true and accurate to the best of my knowledge and belief. I agree to comply with all
requirements of the Michigan Liquor Control Code and Administrative Rules. I also understand that providing false or fraudulent
information is a violation of the Liquor Control Code pursuant to MCL 436.2003.
The person signing this form has demonstrated that they have authorization to do so and have attached appropriate documentation as
proof.
Cody Wasilchenko 03/10/2021
Print Name of Licensee & Title Signature of Licensee Date
Please return this completed form and fees to:
Michigan Liquor Control Commission
Mailing address: P.O. Box 30005, Lansing, MI 48909
Hand deliveries: Constitution Hall - 525 W. Allegan Street, Lansing, MI 48933
Overnight deliveries: 2407 N. Grand River Avenue, Lansing, MI 48906
Fax with Credit Card Authorization to: 517-284-8557
LCC-208 (07-20) LARA is an equal opportunity employer/program. Auxiliary aids, services and other reasonable accommodations are available upon request to individuals with disabilities. Page 1 of 2
Michigan Department of Licensing and Regulatory Affairs Business ID:
Liquor Control Commission (MLCC)
Toll Free: 866-813-0011 • www.michigan.gov/lcc Request ID:
(For MLCC use only)
Local Governmental Unit Approval For Social District Permit
Instructions for Governing Body of Local Governmental Unit:
A qualified licensee that wishes to apply for a Social District Permit must first obtain approval from the governing body of the local governmental unit where the
licensee is located and for which the local governmental unit has designated a social district with a commons area that is clearly marked and shared by and
contiguous to the licensed premises of at least two (2) qualified licensees, pursuant to MCL 436.1551. Complete this resolution or provide a resolution, along with
certification from the clerk or adopted minutes from the meeting at which this request was considered.
At a meeting of the council/board
(regular or special) (name of city, township, or village)
called to order by on at
(date) (time)
the following resolution was offered:
Moved by and supported by
that the application from
(name of licensee - if a corporation or limited liability company, please state the company name)
for a Social District Permit is by this body for consideration for approval by the
(recommended/not recommended)
Michigan Liquor Control Commission.
If not recommended, state the reason:
Vote
Yeas:
Nays:
Absent:
I hereby certify that the foregoing is true and is a complete copy of the resolution offered and adopted by the
(name of city, township, or village)
council/board at a meeting held on
(regular or special) (date)
I further certify that the licensed premises of the aforementioned licensee are contiguous to the commons area designated by the
council/board as part of a social district pursuant to MCL 436.1551.
Print Name of Clerk Signature of Clerk Date
Under Article IV, Section 40, of the Constitution of Michigan (1963), the Commission shall exercise complete control of the alcoholic beverage traffic
within this state, including the retail sales thereof, subject to statutory limitations. Further, the Commission shall have the sole right, power, and duty to
control the alcoholic beverage traffic and traffic in other alcoholic liquor within this state, including the licensure of businesses and individuals.
LCC-208 (07/20) LARA is an equal opportunity employer/program.Auxiliary aids, services and other reasonable accommodations are available upon request to individuals with disabilities. Page 2 of 2
Michigan Department of Licensing and Regulatory Affairs LARA Revenue Services is not a part of
Finance and Administrative Services the Michigan Liquor Control
Revenue Services Commission (see note below).
Credit Card Authorization Form
* * FAX COMPLETED FORM TO SECURE FAX LINE: 517-284-8557 * *
* * DO NOT EMAIL OR MAIL THIS FORM * *
Requests with credit card payments that are not faxed to the above secure fax line will be destroyed along with the credit card authorization in
order to ensure the security of applicants’ personal credit card numbers.
* *IF YOU ARE NOT SUBMITTING AN APPLICATION FORM WITH THIS CREDIT CARD AUTHORIZATION, YOU MUST PROVIDE AN
ITEMIZATION OF THE FEES FOR WHICH YOU ARE SUBMITTING PAYMENT OR YOUR PAYMENT WILL NOT BE PROCESSED* *
Name on Card: Payment Amount:
Billing Address:
Card Number:
City: State: Zip Code:
Check One:
Phone: MasterCard Visa Discover
Email: Security Code/CVV Code:
Applicant/Licensee Name: Request or Business ID #: Expiration Date:
Payment is for:
Signature
IF YOU ARE NOT SUBMITTING AN APPLICATION FORM WITH THIS LARA Revenue Services is not a part of the Michigan Liquor Control
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 4/27/2021 Title: Harbor 31 Viridian Shores Housing
Development Neighborhood Enterprise Zone
Resolution of Intent
Submitted By: Jake Eckholm Department: Economic Development
Brief Summary: The development team at Harbor 31 has requested that the City of Muskegon
create a Neighborhood Enterprise Zone around certain parcels at the Harbor 31development site
intended for owner-occupied housing units.
Detailed Summary:
The developers have planned a multi-phase, multi-use buildout for the Harbor 31 site which
includes single family detached residential as well as owner-occupied townhomes. In order to
make these homes marketable due to the large amount of environmental mitigation required, the
developer has requested that an NEZ district be created so that future buyers can request
Neighborhood Enterprise Zone certificates for their respective home builds. The process laid out in
the attached resolution will comply with Public Act 147 of 1992 (NEZ Act) so that the City properly
notices taxing jurisdictions and holds the required public hearing in the time frames as stipulated.
Keep in mind that simply creating the NEZ district does not provide any owners with a tax
abatement, only the ability to request one from the city in the future, which will require commission
approval.
Amount Requested: $0 Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Motion to approve the Resolution of Intent to create a Neighborhood
Enterprise Zone as presented
For City Clerk Use Only:
Commission Action:
Resolution _________
Intent to Establish a Neighborhood Enterprise Zone at the Harbor
31 Development Site
Whereas; The Harbor 31 Business Park is in the process of long-anticipated redevelopment
which includes single family detached homes and townhomes and;
Whereas; Public Act 147 of 1992 of the State of Michigan allows for Neighborhood Enterprise
Zones to be created by Local Government Units by resolution in order to promote housing
development in blighted and vacant areas, and;
Whereas; The Act requires that the LGU intending to create the district for the Neighborhood
Enterprise Zone in “Not less than 60 days before the passage of a resolution designating a
neighborhood enterprise zone…the clerk of the local governmental unit shall give written notice
to the assessor and to the governing body of each taxing unit that levies ad valorem property
taxes in the proposed neighborhood enterprise zone” and;
Whereas; The act also requires that “The governing body shall hold a public hearing not later
than 45 days after the date the notice is sent but before acting upon the resolution” and;
Whereas; The Economic Development Department of the City of Muskegon has reviewed the
environmental findings and other materials submitted by the developer with respect to this
request, and finds the NEZ incentive an appropriate and necessary tool for redevelopment of the
site;
Now, Therefore be it Resolved; that the City Commission of the City of Muskegon intends to
establish a Neighborhood Enterprise Zone at the Harbor 31 development site encompassing the
parcels notated in Exhibit A, is instructing staff to duly notify all relevant taxing jurisdictions
pursuant to state statute and set a public hearing date for June 22nd, 2021 at 5:30pm.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 27th, 2021 Title: Consumers Energy Easement
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is requesting authorization to approve the easement requested by Consumers Energy at 1651
Beach Street.
Detailed Summary:
Consumers Energy needs to replace a failing electric cable that provides electric service to The Deck
along with the city owned charging station at Pere Marquette Park. In addition to this work Consumers
Energy is proposing to relocate the electric transformer for The Deck that is currently nearing the end
of its service life. All new cables will be underground with pad mounted transformers located above
ground.
The proposed easement is outlined in the attachment.
The easement language has been reviewed and accepted by legal counsel.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion:
Authorize staff to approve the easement to Consumers Energy for 1651 Beach Street.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
EASEMENT FOR ELECTRIC FACILITIES
Master Tract# ROW000916065275
SAP# 1053830427
Design# 11191334
Agreement# MI00000054098
CITY OF MUSKEGON, a municipal corporation, whose address is 1350 East Keating Avenue, Muskegon, Michigan 49442
(hereinafter “Owner”)
for $1.00 and other good and valuable consideration [exempt from real estate transfer tax pursuant to MCLA 207.505(f) and
from State real estate transfer tax pursuant to MCLA 207.526(f)] grants and warrants to
CONSUMERS ENERGY COMPANY, a Michigan corporation, One Energy Plaza, Jackson, Michigan 49201 (hereinafter “Consumers”)
a permanent easement to enter Owner’s land (hereinafter “Owner’s Land”) located in the City of Muskegon, County of Muskegon,
and State of Michigan as more particularly described in the attached Exhibit A to construct, operate, maintain, inspect (including
aerial patrol), survey, replace, reconstruct, improve, remove, relocate, change the size of, enlarge, and protect a line or lines of
electric facilities in, on, over, under, across, and through a portion of Owner's Land (hereinafter “Easement Area”) as more fully
described in the attached Exhibit B, together with any pole structures, poles, or any combination of same, wires, cables, conduits,
crossarms, braces, guys, anchors, transformers, electric control circuits and devices, location markers and signs, communication
systems, utility lines, protective apparatus and all other equipment, appurtenances, associated fixtures, and facilities, whether
above or below grade, useful or incidental to or for the operation or protection thereof, and to conduct such other activities as
may be convenient in connection therewith as determined by Consumers for the purpose of transmitting and distributing
electricity.
Additional Work Space: In addition to the Easement rights granted herein, Owner further grants to Consumers, during initial
construction and installation only, the right to temporarily use such additional work space reasonably required to construct said
lines. Said temporary work space shall abut the Easement Area, on either side, as required by construction.
Access: Consumers shall have the right to unimpaired access to said line or lines, and the right of ingress and egress on, over,
and through Owner’s Land for any and all purposes necessary, convenient, or incidental to the exercise by Consumers of the rights
granted hereunder.
Trees and Other Vegetation: Owner shall not plant any trees within the Easement Area. Consumers shall have the right from time
to time hereafter to enter Owner’s Land to trim, cut down, and otherwise remove and control any trees, brush, roots, and other
vegetation within the Easement Area. Consumers shall have the right from time to time hereafter to enter Owner’s Land to trim,
cut down, and otherwise remove and control any trees, brush, or other vegetation located outside of the Easement Area which
are of such a height or are of such a species whose mature height that in falling directly to the ground could come into contact
with or land directly above Consumers’ facilities.
Buildings/Structures: Owner agrees not to build, create, construct, or permit to be built, created, or constructed, any obstruction,
building, septic system, drain field, fuel tank, pond, swimming pool, lake, pit, well, foundation, engineering works, installation or
any other type of structure over, under, or on said Easement Area, whether temporary or permanent, natural or man-made, without
a prior written agreement executed by Consumers’ Real Estate Department expressly allowing the aforementioned.
ESMA - 2020 Page 1 of 4
RFM – 1/27/2020
Ground Elevation: Owner shall not materially alter the ground elevation within the Easement Area without a prior written
agreement executed by Consumers Real Estate Department allowing said alteration.
Exercise of Easement: Consumers’ nonuse or limited use of this Easement shall not preclude Consumers’ later use of this
Easement to its full extent.
Ownership: Current Muskegon City Manager, to the best of his knowledge believes that the City of Muskegon is the lawful fee
simple owner of the Easement Area, and that it has the right and authority to make this grant.
Successors: This Easement shall bind and benefit Owner’s and Consumers’ respective heirs, successors, lessees, licensees, and
assigns.
Counterparts: This Easement may be executed simultaneously in two or more counterparts, each of which shall be deemed an
original and all of which together shall constitute one and the same instrument. It is not necessary that all parties execute any
single counterpart if each party executes at least one counterpart.
Date: Owner: CITY OF MUSKEGON, a municipal corporation
By: Leo Evans
Its: DPW Director
Acknowledgment
The foregoing instrument was acknowledged before me in County, Michigan,
on by Leo Evans, DPW Director of the City of Muskegon, a municipal corporation, on behalf
Date
of the corporation.
Notary Public
_________________________________________________
Print Name
County, Michigan
Acting in County
My Commission expires:
PROPERTY OWNERS MAIL REGISTER OF DEEDS OFFICE USE
SIGNED EASEMENT TO: ONLY
David Renwick #100-2 Prepared By: Return recorded instrument to:
Consumers Energy Company Nicole Corts 01/25/2021 Carrie J. Main, EP7-287
700 E Sternberg Road Consumers Energy Company Consumers Energy Company
Norton Shores, MI 49441 One Energy Plaza One Energy Plaza
Jackson, MI 49201 Jackson, MI 49201
Revised By: Nicole Corts 04/15/2021
ESMA - 2020 Page 2 of 4
RFM – 1/27/2020
EXHIBIT A
Owner’s Land
Land situated in the City of Muskegon, County of Muskegon, State of Michigan:
All of Block 7 also described as that part of Block 739 of the Revised Plat of the City of Muskegon, adopted April 9, 1903, being
in the West 1/2 of Section 28, Town 10 North, Range 17 West, according to the recorded plat thereof Muskegon County Records,
bounded Northerly and Easterly by the Muskegon Lake Channel, Southerly by the North line of Water Street, Westerly by the
Westerly line of Beach Avenue, extended to Muskegon Lake Channel.
Also known as: 1651 Beach Street, Muskegon, Michigan 49441
Parcel ID: 61-24-205-734-0001-00
AND
Part of Block 739, City of Muskegon Revised Plat of 1903, being in the Southwest 1/4 of Section 28, Town 10 North, Range 17
West, described as: Project the North line of Indiana Avenue Southwesterly to the Westerly line of Westerly Beach Street Oval to
Point of Beginning is 30.00 feet South of the Northeasterly projected South line of existing Pavilion Boulevard; thence
Northwesterly 180.00 feet more or less along the Westerly Beach Street oval to a point 50.00 feet North of the Northeasterly
projected North line of existing Pavilion Boulevard; thence Southwesterly and at right angle to Westerly line of Westerly Beach
Street oval 105.00 feet and 50.00 feet Westerly of projected West line of existing Pavilion Boulevard; thence Southeasterly and
parallel to Westerly Line to Westerly line of Westerly Beach Street oval 180.00 feet; thence Northeasterly 105.00 feet to Point of
Beginning being a rectangular parcel 105.00 feet by 180.00 feet.
Also known as: 1601 Beach Street, Muskegon, Michigan 49441
Parcel ID: 61-24-205-739-0001-20
ESMA - 2020 Page 3 of 4
RFM – 1/27/2020
EXHIBIT B
Easement Area
A 12.00-foot-wide strip of land, being 6.00 feet on each side of the centerline of the line constructed on Owner's Land, the
centerline to be located approximately as shown in the attached drawing.
ESMA - 2020 Page 4 of 4
RFM – 1/27/2020
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 04/27/2021 Title: Water Filtration Plant & Harvey Pump
Station Building Repairs
Submitted By: Leo Evans/Joe Buthker Department: Public Works - Filtration
Brief Summary: Staff is requesting authorization to contract with multiple contractors for building
repairs and upgrades at the Water Filtration Plant and Harvey Pump Station.
Detailed Summary:
Staff has been working since 2019 to create a plan to address a number of problems that have
developed in the buildings at the Water Filtration Plant and the Harvey Pump Station.
Four major projects will occur at the Water Filtration Plant:
• The roofs on two buildings will be replaced. A 2018 assessment found these two roofs to
have failed, and they currently leak during rain storms and snow melt.
• Over 100 windows will be replaced on five buildings. These windows have experienced
seal failures. Lintels that have corroded and have become a major source of leaks will be
replaced.
• Masonry repairs will occur on five buildings were brickwork is cracked, pulling away from
the buildings, or in need of tuck pointing. New control joints will be created where
necessary. Damaged limestone will be repaired.
• Excessive condensation will be addressed with ventilation upgrades in three buildings. The
intake and exhaust of the dehumidification system will be modified to bring it to code.
Five major projects will occur at the Harvey Pump Station:
• The roof on the pump station building will be replaced. A 2018 assessment found this roof
to have failed.
• The windows of the pump station building will be replaced. Some of the current windows
can no longer be opened, creating ventilation issues in the summer. Others do not close
completely, creating heating issues in the winter.
• The original plumbing for the floor drains has corroded away and will be replaced.
• The 5.0 million gallon in-ground reservoir will have a membrane placed over its cap. This
will require sand and top soil to be removed from the top, roofing material to be installed,
and the sand and topsoil to be put back in place with new grass. This project has been
recommended by the state.
• New fencing will be installed around the perimeter of the pump station and reservoir
property.
Staff is requesting the following bids be approved:
Contractor Project Cost
CS Erickson Electrical $67,720
DHE Mechanical Mechanical & Plumbing $119,400
Ostrander Roofing $832,674
Ram Construction Masonry & Restoration $382,415
Grand Valley Glass Glass & Aluminum $208,575
Accurate Excavators Earthwork $183,500
Boerman Fence Fencing $48,345
Total Bids $1,842,629
Staff is requesting a maximum of $530,178 for an owner’s allowance to cover permits, general
construction costs, owner-project specific allowances, owner/construction contingency, inspections
& testings as well as consulting costs. This cost was estimated by Construction Simplified, the firm
that is working as the Owner’s Rep for this project. The construction management portion of the
owner’s allowance was not put out for bids. Construction Simplified has worked with the City on
other projects and has added value to this project with their expertise in construction project
management, in particular, overseeing the multiple contractors and the two locations that are a
part of this project. The total cost of this project, which includes the owner’s allowance and the bids
listed above, will be $2,380,007.
The project will be funded by location, as the WMRWA will contribute to the costs of the repairs at
the plant, but not at the pumping station. The amount requested that was not budgeted will be
addressed in the FY 21-22 budget. The project will start in FY 20-21 and continue in FY 21-22. The
breakdown is estimated as follows:
FY 20-21 FY 21-22
Water Filtration Plant (92008) $300,000 $1,272,804
Harvey Pump Station (92007) $213,250 $593,953
Amount Requested: $2,380,007 Amount Budgeted: $2,000,000
Fund(s) or Account(s): 591-92007 $807,203 Fund(s) or Account(s): 591-92007 $1,040,000
591-92008 $1,572,773 591-92008 $960,000
Recommended Motion:
Authorize staff to contract with CS Erickson, DHE Mechanical, Ostrander, Ram Construction,
Grand Valley Glass, Accurate Excavators, Boerman Fence for a total amount of $1,842,629 with
an included owner’s allowance of $530,178 to perform building repairs and upgrades and the
Water Filtration Plant and Harvey Pump Station.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Date: April 20th, 2021
Client: Muskegon Water Filtration
1900 Beach Street
Muskegon, MI
Project: Water Treatment & Harvey Booster Station Restoration & ReRoof
Construction Simplified (CS) is hereby proposing to provide the Construction Owner Representation services for
Muskegon Water Treatment and Harvey Booster Station. Per our understanding of the projects, we have received
competitive bids, and reviewed them on behalf of the city. The following broken out prices encapsulate the major
efforts by subcontractors to restore the masonry, install new windows, refence and install new roofing/membranes at
the individual locations.
Owner’s Representative Services – Our construction Owner’s Representative services will help provide
accountability, clarity and an educated viewpoint to Muskegon team throughout the projects. We estimate the
restorative masonry, window replacement and reroof work will take approximately 18 weeks with a potential
additional 5 week mobilization due to masonry lead times, commencing the projects upon approval and completing in
late November 2021. These projects will require frequent onsite visits with documentation, supervision and leadership
throughout.
Below is a brief synopsis of the project costs. It includes a project total, as well as broken out costs for each location
and an expected spend for fiscal year 2020. Additionally, an attached project budget summary page is included for
reference.
PROJECT TOTAL - $2,380,007
• Water Treatment – $1,572,773
• Harvey Booster - $807,203
Fiscal Year 2020 expected spend (included in Project Total, and broken out for reference):
• Water Treatment – $300,000
• Harvey Booster - $213,250
I look forward to working with the Muskegon team and am excited to help deliver these projects on time, on budget,
with an overall enjoyable, exciting, and simple process. My goal is to provide you with unprecedented value. Please,
as you review the proposal feel free to reach out and contact me with any questions. I appreciate the opportunity!
Sincerely:
Jeff Salowitz, Partner
Attachments
• Owner’s Representative & Subcontractor Budget Summary
Owner’s Rep Proposal Page 1 Muskegon Water Treatment
BID TAB & BIDDERS LIST
Project: Muskegon Water Treatment
Address: Beach Street
Date: 4.13.2021
Masonry & Restoration Base Bid Bond ALT 1 NOTES Total
Ram $328,014.00 $16,401.00 $38,000.00 $382,415.00
Kent $1,510,000.00 $1,510,000.00
DV Masonry $450,000.00 Failed to Deliver on time. $450,000.00
DC Byers $0.00 Failed to Deliver on time. $0.00
JK Masonry $0.00 Failed to Deliver on time. $0.00
Potts Masonry $0.00 Declined to propose $0.00
Kortman Masonry $0.00 Failed to Deliver on time. $0.00
Roofing Base Bid ALT 1 NOTES Total
Ostrander $801,141.00 Included $ 31,533.00 $832,674.00
Hookstra $1,018,813.00 $1,018,813.00
Vandoorn $1,148,349.00 $1,148,349.00
J. Stevens $0.00 $0.00
Langerak $0.00 $0.00
Modern Roofing $0.00 $0.00
Weathershield $0.00 $0.00
Excel Roofing $0.00 $0.00
Certified Building Solutions $0.00 $0.00
Lutz Roofing $0.00 $0.00
Mid-Michigan Roofing $0.00 $0.00
Tichenor Inc. $0.00 $0.00
McDonald Roofing $0.00 $0.00
Glass & Aluminum Base Bid ALT 1 NOTES Total
Grand Valley Glass $208,575.00 Included $208,575.00
Lakeshore Glass $269,270.00 $20,895.00 $290,165.00
Vos Glass $212,700.00 $212,700.00
Huskey Glass $0.00
Store Fronts $0.00
Plumbing Base Bid ALT 1 NOTES Total
DHE $44,000.00 Included $44,000.00
Godwin $62,600.00
River City Mech Failed to deliver
Gale Plumbing Failed to deliver
Mechanical Base Bid Bond NOTES Total
DHE $75,400.00 Included $75,400.00
River City Mech Failed to deliver
Martech Failed to deliver
Electrical Base Bid Bond ALT 1 NOTES Total
CSE $67,720.00 Included $67,720.00
Mellema Electric $0.00 Failed to deliver
Highpoint Electric $0.00 Declined to bid
DPE $0.00 Failed to deliver
Elder Electric $0.00 Declined to bid
Earthwork Base Bid ALT 1 - 10lb Machine NOTES Total
Accurate $183,500.00 Included -$62,360.00 $183,500.00
Pater Bobcat $0.00 Failed to deliver $0.00
Steenwyk Excavating $0.00 Declined to bid $0.00
Lobezoo Trenching $0.00 Failed to deliver $0.00
Advanced Excavating $0.00 Declined to bid $0.00
JW Potter $0.00 Declined to bid $0.00
Oetman Excavating $0.00 Failed to deliver $0.00
Thornapple Excavating $0.00 Failed to deliver $0.00
Fencing Base Bid ALT 1 NOTES Total
Boerman Fence $48,344.22 Included $48,344.22
Straight Line Fencing $51,000.00 $2,550.00 Failed to deliver to the City on time. $53,550.00
Fence Consultants $64,758.00 $3,237.90 $67,995.90
Project Name: Muskegon Water Works General Project Info: Total Unit Price
Project Address: 1900 Beach Street Use Water Treatment Site Acreage NA #VALUE!
Client: City of Muskegon Structure Masonry Building Gross SF NA #VALUE!
Architect: Abonmarche Wall Type NA Building Foot Print NA #VALUE!
Estimate Type: Construction MEP Systems NA Building Heated SF NA #VALUE!
Drawing Date: 3-17-2021 # of Floors 2 Total Unit SF NA #VALUE!
LEED: NO # of Units NA #VALUE!
Taxable: 6.0%
Labor Burden: 60.0% Project Schedule: Project Cost Estimate: $ 2,380,007
Start Finish
Preconstruction 10.1 Weeks 02/15/21 04/27/21
18.0 Weeks
Construction Phase 04/27/21 08/31/21
4.16 Months
PROJECT ESTIMATE DETAIL
Description Unit Quantity CS Subs & Consultants Reimbursables Comments Category Total
Preconstruction Services
7,200
Construction Simplified LS 1 $ 7,200 $ - $ - See Precon Services Detail Sheet
7,200
Direct Costs or Estimates Subcontractor
Description Unit Quantity Other Comments Category Total
Labor Material Equipment $$$ Name
Cost of Work
042 MASONRY LS 1 382,415.00 RAM 382,415
Treatment 15% overage for tuckpointing & Damage brick EA 120
Treatment Temp in Windows on daily basis EA 120
Treatment Clean & Reseal Control Joints LF 200
Treatment New Control Joints LF 300
Treatment Remove & Replace Stone Bands LF 9
Treatment Remove & Replace Stone Caps LF 8
Treatment Remove & Replace Stone Sills EA 1
Treatment Remove & Replace Stone Trim LF 6
Treatment Remove & Replace Stone Panels SF 50
Treatment Remove & Reinstall Limestone Panels SF 28
Treatment Patch Limestone Panels SF 100
Treatment Seal Limestone Fractures SF 15
Treatment Tuckpoint Brick SF 2,000
Treatment Brick Removal/Replacement/Infill SF 1,633
Treatment Glazed block U
Treatment Repair spalling concrete on beams. EA 7
Treatment Repair spalling concrete on columns EA 2
Treatment Provide all necessary shoring LS 1
Page 1 of 5 Water Treatment budget w sub numbers
Direct Costs or Estimates Subcontractor
Description Unit Quantity Other Comments Category Total
Labor Material Equipment $$$ Name
Treatment Brick Veneer Replacement SF 1,167
Furnish Continuous Flashing behind Brick
Treatment LF 275
Veneer
Treatment Provide all rigging or scaffolding LS 1
Harvey Clean concrete panels LS 1
Treatment Lintel Replacement
Treatment L1 Lintel Replacement EA 51
Treatment L2 Lintel Replacement EA 4
Treatment L3 Lintel Replacement EA 1
Treatment L4 Lintel Replacement EA 2
Treatment L5 Lintel Replacement EA 14
Treatment L6 Lintel Replacement EA 34
Treatment L7 Lintel Replacement EA 14
Treatment L9 Lintel Replacement EA 1
075 MEMBRANE ROOFING 832,674
Treatment Roofing - Labor LS 1 487,000.00 Ostrander
Treatment Roofing - Material LS 1 132,424.00 Garland
Harvey Roofing - Material - Harvey Tank Membrane LS 1 213,250.00 Garland
Demo Roof (ballast, insulation, membrane,
Treatment SF 21,025
flashing, fascia, blocking) - dispose offsite
Treatment Remove existing concrete pavers SF 900
Treatment Remove existing roof stacks & repair roof deck EA 14
Treatment Replace perimeter blocking as needed. LS 1
Treatment Replace wood roof curbs LS 1
Treatment Replace Existing 2x4 treated blocking LF 950
Treatment Replace wood sleepers EA 2
Treatment Protect Equipment Allowance LS 1
Treatment Furnish Fascia LF 950
Install New Roof System (tapered ins,
Treatment SF 21,025
membrane, etc)
A full 10% retainage will be held indefinetely
until 100% completion of roof and
Treatment manufacturers warranty are issued. Any LS 1
additional material is the responsibility of the
subcontractor in entirety.
084 GLASS & ALUMINUM LS 1 208,575.00 Grand Valley Glass 208,575
Demo Existing Windows (No Abatement
Treatment EA 120
Assumed)
Treatment Provide Flashing w/ Drip @ Windows LF 688
Treatment Provide Thermally broken window type:
Treatment A SF 1,785
Treatment B SF 33
Treatment C SF 234
Treatment C-1 SF 48
Treatment D SF 54
Treatment E SF 400
Treatment F SF 150
Treatment G SF 153
Treatment G-1 SF 18
Treatment H SF 480
Treatment J SF 100
Treatment Caulk all perimeters - Inside & Outside LF 15,000
221 PLUMBING LS 1 44,000.00 DHE 44,000
Page 2 of 5 Water Treatment budget w sub numbers
Direct Costs or Estimates Subcontractor
Description Unit Quantity Other Comments Category Total
Labor Material Equipment $$$ Name
Harvey Demo existing 6" san line LF 50
Harvey Install new 6" san line LF 50
Harvey Provide all scaffold & OSHA safety LS 1
230 MECHANICAL LS 1 75,400.00 DHE 75,400
Treatment Remove outside air duct LS 1
Treatment Remove window in prep for new Louver SF 50
Treatment Cap & insulate duct at wall LS 1
Treatment Furnish and install new louver & duct LF 10
Treatment Install new louver EA 1
Treatment Remove Existing Fan EA 4
Treatment Remove & prep fan location EA 2
Remove louvers & accessories, prep for new
Treatment EA 2
louver
Treatment Remove exhaust fan, prep for new EA 4
Treatment Furnish EF-1 LS 2
Treatment Furnish EF-2 LS 4
Treatment Furnish SF-1 LS 2
Treatment Furnish SF-2 LS 4
Treatment Furnish LV-1 LS 4
260 ELECTRICAL LS 1 67,720.00 CS Erickson 67,720
Remove fan wiring - pull back to source & label
Treatment EA 10
as spare
Treatment Supply power to SF-2 EA 2
Treatment Supply power to EF-2 EA 2
Treatment Supply power to EF-2 EA 2
Treatment Supply power to SF-2 EA 2
Treatment Provide fan control contactor & switch EA 2
Treatment Supply power to SF-1 EA 4
Treatment Supply power to LV-1 EA 4
Harvey Supply conduit to gate LF 150
Harvey Provide card reader for motorized gate EA 1
Harvey Connect motorized gate EA 1
Harvey Track broken Conduit on T&M LS 1
EARTHWORK LS 1 183,500.00 Accurate 183,500
Harvey Remove & store tops soils SY
Harvey Strip sand & soil down to deck SY
Harvey Power broom deck SY
Harvey Lay soil back down SY
Harvey Topsoil and Hydro seed SY
FENCING LS 1 48,345.00 Proline Fencing 48,345
Harvey Demo Existing Fence LF 1,200
Harvey 6' Fence w/ Barbed wire LF 1,200
Harvey Rolling gate with Hydrolic system & Controls EA 1
Cost of Work Subtotals 1,842,629
Allowances & Contingencies
Owner Allowance(s) LS 1 202,850
Page 3 of 5 Water Treatment budget w sub numbers
Direct Costs or Estimates Subcontractor
Description Unit Quantity Other Comments Category Total
Labor Material Equipment $$$ Name
Treatment 10% for brick tuckpointing - unit 1 SF 150 8.00
Treatment 10% for brick remove & replace- unit 2 SF 250 11.00
Treatment 25% for damaged glazed block - unit 3 SF 300 36.00
Treatment Masonry Restoration LS 1 30,000.00 Based on 10% of masonry contract
Treatment Demo Glass Block Openings EA 30 1,470.00
Harvey Demo & Replace Stair - Assumes rail & Inserts LS 1 10,000.00
Treatment Temp all windows - Allowance EA 120 500.00
Harvey Temp all windows - Allowance EA 13 500.00
Treatment South Filter Building - Added Supervision LS 1 18,000.00
Treatment South Filter Building - Added PM Time LS 1 19,500.00
Owner Change Order Fund % 2.50% $ 1,842,629 46,066
Construction Contingency % 2.50% $ 1,842,629 46,066
Scope Specific Contingencies: 0
Allowance & Contingencies Subtotals 294,981
Value Enhancement
Accepted VE 0
Pending VE 0
Suggested VE (62,360)
Harvey Use larger Equipment to strip Harvey Tank LS 1 -62,360.00
Value Enhancement Subtotals (62,360)
Construction Support
General Conditions LS 1 $ 98,360 See GCs Detail Sheet 98,360
Building Permit LS 1 $ 16,659 16,659
BUILDING PERMIT (1 = YES, 0 = NO) 1 $ 2,324,715 Project Total Value
JURISDICTION Muskegon
COST FOR FIRST $1,000.00 40.00 40
COST FOR EACH ADDITIONAL $1,000.00 6.50 15104
PLAN REVIEW FEE (IF PROJECT > 1,000,000) 10% 1514
Bonding 0
Surety Bond LS - $ -
Insurances 0
Liability Insurance % 0.00% $ -
Design Build Insurance LS - $ -
Builder's Risk Insurance LS - $ - Not Required
Inspections & Testing 3,500
Materials Testing LS 1 $ 3,500 Allowance
Trade 3rd Party Testing LS 1 $ - Allowance
Survey & Layout 0
Site & Utility Staking LS 1 $ - Allowance
Building Construction Staking LS 1 $ - Allowance
Page 4 of 5 Water Treatment budget w sub numbers
Direct Costs or Estimates Subcontractor
Description Unit Quantity Other Comments Category Total
Labor Material Equipment $$$ Name
Construction Support Subtotal 118,519
Description Unit Quantity CS Subs & Consultants Reimbursables Comments Category Total
Construction Management Services
Construction Simplified LS 1 $ 77,780 $ - $ 265 See CM Services Detail Sheet 78,045
Construction Management Fee % 1.65% $ 2,341,374 38,633
Construction Management Subtotal 116,678
$ 2,380,007
END OF ESTIMATE
Page 5 of 5 Water Treatment budget w sub numbers
Muskegon Water Works
Construction
4/20/2021
Total
Preconstruction Phase Services
Preconstruction Services - Previously Included $ 7,200
PreConstruction Sub Total: $ 7,200
Cost of the Work $ 1,842,629
042 MASONRY $ 382,415
075 MEMBRANE ROOFING $ 832,674
084 GLASS & ALUMINUM $ 208,575
221 PLUMBING $ 44,000
230 MECHANICAL $ 75,400
260 ELECTRICAL $ 67,720
031 EARTHWORK $ 183,500
032 FENCING $ 48,345
Allowances and Contingencies
Owner Allowance(s) $ 202,850
Owner Change Order Fund 2.5% $ 46,066
Construction 2.5% $ 46,066
Cost of the Work Subtotal: $ 2,137,610
Construction Support
General Conditions $ 98,360
Building Permit $ 16,659
Bonding $ -
Insurances $ -
Inspections & Testing $ 3,500
Survey & Layout $ -
Construction Support Subtotal: $ 118,519
Construction Phase Services
LABOR $ 78,045
FEE / OH&P $ 38,633
Construction Phase Services - Total: $ 116,678
Total Estimated Construction Contract Value: $ 2,380,007
Value Enhancement
A deduct of $62,360 could be taken should a larger piece of equipment deemed safe to use at Harvey. This is due to
1.
increased efficiency.
Deduct of $5,500 to eliminate floor coring, floor drain body material, grouting new bodies and associated labor at Harvey
2.
is available should the floor drains prove to be sound.
3. An ADD of $1700 to replace (1) water closet, (1) wall hung lavatory, & (1) wall hung type service sink.
At Harvey, there is a broken conduit that potentially needs to be replaced. The credit to reuse the conduit is $13,684. The
4.
Electrician can perform this work on a T&M NTE basis with time tickets to capture cost savings for the Owner.
Qualifications, Inclusions, & Exclusions:
1. No Winter Conditions are included.
Supervision hours have been included with appropriate allowances to provide efforts upon a longer construction schedule
2.
due to lead times.
Page 1 of 1
4/20/2021
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 04/27/2021 Title: Marshall Street Water Tower Painting
Submitted By: Joe Buthker Department: Public Works - Filtration
Brief Summary: Staff is requesting authorization to contract with Fedewa, Inc. for painting and
modifying the Marshall Street water tower.
Detailed Summary:
The Marshall Street water tower is located in the Jackson Hill neighborhood and highly visible from
the Moses J. Jones Parkway. The tower’s exterior and interior coatings are beyond their expected
lifetimes, and a 2019 inspection found the coatings to be deteriorating and delaminating. The
exterior tower coating continues to chalk, fade, and lose its gloss.
The project will involve a complete overcoat of the tower exterior and also includes repairs to the
interior coating. Additionally, the cathodic protection system that prevents corrosion of the structure
has failed and will be replaced. Other modifications will take place to bring the tower into
compliance with current safety standards and drinking water regulations. The artwork on the tower
will be changed to the Muskegon Public Schools symbol with the phrase Big Red Nation.
Staff continues to work alongside Dixon Engineering to oversee the design,
bidding, construction, and post-construction phases of this project. Dixon has
extensive knowledge of the city’s water towers and has managed many of our
past water tower projects and inspections. Nine proposals were received for painting and
modifying the water tower. Dixon has evaluated the bids and recommends the lowest bid of
265,699.00 from Fedewa, Inc.
This project is budgeted as part of the FY 20-21 budget. The project is scheduled to begin in
September, so funds will be carried over to the budget for FY 21-22.
Amount Requested: $265,699.00 Amount Budgeted: $325,000.00
Fund(s) or Account(s): 591-92035 Fund(s) or Account(s): 591-92035
Recommended Motion:
Authorize staff to contract with Fedewa, Inc. in the amount of $265,699.00 to paint and modify the
Marshall Street water tower.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
DIXON 1104 Third Avenue
Lake Odessa, MI 48849
Telephone: (616) 374-3221
ENGINEERING & INSPECTION SERVICES Fax: (616) 374-7116
FOR THE COATING INDUSTRY
April 16, 2021
Mr. Joe Buthker
City of Muskegon
1900 Beach St.
Muskegon, MI 49441
Subject: Marshall Street Tank Exterior, Dry Interior, and Wet Interior Painting WFP-21-001–
Recommendation for Award
Dear Joe:
Dixon Engineering has reviewed the bids submitted for the exterior overcoat, dry interior repaint,
wet interior spot repaint, and miscellaneous repairs of the City’s 1,000,000 gallon Marshall
Street tank and recommends award to the low bidder, Fedewa Inc., of Hastings, MI, for the bid
amount of $265,699. This includes all line items bid and is below our project estimate for this
scope of work of $272,000 from our 2019 report. Bidding was competitive with nine bids
received, and the first and second low bidders separated by only 13%. Fedewa is a prequalified
contractor with Dixon and has successfully completed many similar projects. Their recent
projects include tanks in Wyoming, Grandville, East Lansing, and Byron Gaines Twp.
Enclosed for your review and action is the Notice of Award. After City approval, please sign
and forward three copies to the contractor for signature. Instruct the contractor to return one
copy to the City, forward a copy to our office, and retain a copy for his files. Also, please notify
the contractor he is to forward to our office the required bonds and certificate(s) of insurance for
inclusion in the contract documents.
If you have any questions regarding our recommendation, please contact me at (616) 374-3221,
Ext. 309 or (616) 292-1288.
FOR DIXON ENGINEERING INC.,
Eric Binkowski
Project Manager
Members: Society of Protective Coatings • American Water Works Association
Consulting Engineers Council
Muskegon, Michigan - 1,000,000 Gallon Radial Arm (Marshall St.)
2021 Water Tower Painting Project -April 6, 2021
LC United Seven Brothers Fedewa Viking Industrial L&T Painting PT&T
Sterling Hgts, Shelby Twp., Hastings, Omaha, Shelby Twp., Henderson,
MI MI MI NE MI KY
Section 05 00 00
Wet Interior Roof Hatch (1) 3,500 7,200 4,000 5,500 3,500 3,550
Overflow Pipe Discharge Mod. (2) 3,000 2,900 4,699 5,000 3,000 3,550
Wet Interior Ladder (3) 9,500 9,000 12,900 14,000 9,000 8,740
Roof Railing Section (4) 3,500 8,400 7,100 14,000 6,800 10,730
Total Section 05 (1-4) 19,500 27,500 28,699 38,500 22,300 26,570
Section 09 97 13
Exterior Overcoat (1) 184,000 195,550 180,000 258,800 255,600 417,725
Wet Interior Spot Repaint (2) 42,000 72,100 10,000 43,650 38,300 43,765
Dry Interior Repaint (3) 27,000 42,675 20,000 70,000 26,340 62,165
Lettering (4) 6,500 9,500 2,000 11,500 4,000 8,735
Total Section 09 (1-4) 259,500 319,825 212,000 383,950 324,240 532,390
Section 26 00 00
Cathodic Protection System (1) 25,500 27,000 25,000 32,500 24,800 39,985
Project Total 304,500 374,325 265,699 454,950 371,340 598,945
Antennas & Cables 200 1,500 500 4,500 2,000 1,000
Bid Bond
Corrected Amount
1
Muskegon, Michigan - 1,000,000 Gallon Radial Arm (Marshall St.)
2021 Water Tower Painting Project -April 6, 2021
Southern Rd. & Bridge TMI Coatings V&T
Tarpon Springs, St. Paul, Farmington Hills,
FL MN MI
Section 05 00 00
Wet Interior Roof Hatch (1) 4,000 5,900 6,000
Overflow Pipe Discharge Mod. (2) 3,000 6,700 3,500
Wet Interior Ladder (3) 22,000 26,900 12,000
Roof Railing Section (4) 12,000 10,500 9,500
Total Section 05 (1-4) 41,000 50,000 31,000
Section 09 97 13
Exterior Overcoat (1) 200,000 308,900 220,000
Wet Interior Spot Repaint (2) 100,000 56,000 25,000
Dry Interior Repaint (3) 253,000 93,800 30,000
Lettering (4) 5,000 15,300 5,000
Total Section 09 (1-4) 558,000 474,000 280,000
Section 26 00 00
Cathodic Protection System (1) 40,000 37,000 35,000
Project Total 639,000 561,000 346,000
Antennas & Cables 1,000 6,000 1,000
Bid Bond
Corrected Amount
2
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 27, 2021 Title: Hartshorn Marina Engineering
Services
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is requesting authorization to hire Abonmarche to provide engineering services related to
previously identified facility improvements needed at Hartshorn Marina.
Detailed Summary:
Staff worked directly with Abonmarche to develop a proposed scope of work based upon the
Engineering Study that was prepared by Abonmarche related to necessary facility improvements at
Hartshorn Marina. Staff and the Commission have previously pursued MDNR grants to help fund the
project but were unsuccessful and did not see a path forward utilizing MDNR (or other) grants for the
project, as such staff is recommending that the project be pursued with ARPA funds or through a Bond
Sale to expedite the necessary upgrades to the facility.
The project work will include needed repairs to the marina, and does not include any clubhouse or pool
items that have been the point of previous discussions. Improvements will focus largely on dock
replacement, electrical upgrades, and other associated items to serve the existing use of the site. The
intention is to design the project over the summer and construct in the Fall of 2021 / Spring of 2022 to
have the upgrades in place before the 2022 Season.
The proposal as presented in the packet requires minor revisions a
Staff worked directly with Abonmarche to prepare this proposal rather than soliciting proposals based
on their prior familiarity with the site obtained during the preparation of the Engineering Study. Their
proposed costs were reviewed and appear reasonable based on an approximately $2.0M scope.
Amount Requested: $230,600 Amount Budgeted: $2,500,000
20/21 - $30,000
21/22 - $2,470,000
Fund(s) or Account(s): 594-TBD-5346 Fund(s) or Account(s): 594-TBD-5346
Recommended Motion:
Authorize staff to hire Abonmarche to provide Engineering Services related to facility
improvements at Hartshorn Marina.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
April 20, 2021
Attn: Mr. Leo Evans, P.E.
City of Muskegon
131 E. Apple Avenue
Muskegon, MI 49442
[email protected]
Re: City of Muskegon – Hartshorn Marina
Proposal for Engineering Services (Rev1)
Dear Mr. Evans:
Thank you for contacting Abonmarche regarding improvements to Hartshorn Marina. Per our
recent meeting and subsequent discussions, Abonmarche is pleased to present this proposal
for engineering and construction administration services for an initial Phase of improvements to
the facility. Our staff has extensive experience with Great Lakes marinas and, in particular, with
Hartshorn Marina. We look forward to helping the City of Muskegon in updating the marina.
UNDERSTANDING
We understand that the City is planning to make improvements independently and is planning
to fund the project through bonds. This proposal is based upon design and construction
administration of a project with a construction cost of $2,000,000. Although the final
construction scope of 2021-22 Improvements Phase has yet to be determined, the City has
requested design phase services for the following components, which are listed in general
order of priority:
Floating T-Dock Replacement
NEC & NFPA Code Upgrades
North Floating Dock Replacement
Sidewalk and Settlement Repairs
ADA Improvements to Boater Services Building and Office
Security/fence improvements
It is possible that not all of the above will be budgeted for the 2021-22 Improvements Phase,
subject to ongoing reviews by the City.
Mr. Leo Evans
City of Muskegon
Hartshorn Marina – Proposal (Rev1)
April 20, 2021
Page 2 of 9
SCOPE OF SERVICES
We propose the following Scope of Services:
Task 1 – Topographic Survey
Abonmarche will complete an updated topographic survey of the project area, as outlined
below. The main basin area (3 acres +/-) will be the priority survey area, followed by the small
boat basin and launch area (6 acres +/-). This information will be needed for design
development and will be necessary for the preparation of permit application drawings. We will
survey the docks, promenade, parking areas, surface features, curbs, and other site
components which are visible from the surface. Approximate parcel limits will be depicted
based upon record information provided by the City and the location of site monuments, if
found. The deliverable for this task will be a survey drawing with contours expressed in one-foot
interval contour lines and spot elevations. This drawing will be provided in print and PDF
formats.
Figure 1: 2018 Google aerial image; Main basin survey limits shown in orange (approx. 3 AC)
O:\Proposals\_Michigan\Governmental\City of Muskegon\2021\Hartshorn Marina\2021-04-20 Muskegon Hartshorn Marina_Proposal - Rev1.docx
Mr. Leo Evans
City of Muskegon
Hartshorn Marina – Proposal (Rev1)
April 20, 2021
Page 3 of 9
Figure 2: 2018 Google aerial image; Small boat basin/launch survey limits shown in yellow (approx. 6 AC)
Task 2 – Preliminary Design
Shortly after receiving the notice to proceed, Abonmarche will meet with the City of
Muskegon and F3 Marinas to review the project scope, confirm guiding principles, and
establish milestones. We will also plan to visit the facility to collect measurements, observe
current conditions, and evaluate potential issues not previously identified.
Abonmarche will then prepare preliminary plans for the new floating docks, utility
improvements, site repairs, building ADA improvements, and site security needs. Site plans will
include a removals plan, if needed, to define sidewalk or pier removals. Plans will be based
upon the ‘Preferred Plan’, dated February 1, 2019, from the Hartshorn Marina Preliminary
Engineering Study (see Figure 2). Abonmarche will rely upon site observations, 2021
topography (Task 1), and record bathymetric survey data collected in 2002. We understand
issues with depths have not been an issue and therefore assume that dredging work is
excluded from the scope of the project at this time. We will coordinate with F3 Marinas and
the City to adjust the slip mix in the T-Head Dock and North Dock. As the slip mix and layout
are finalized, Abonmarche will prepare preliminary plans for review and for use in permitting.
O:\Proposals\_Michigan\Governmental\City of Muskegon\2021\Hartshorn Marina\2021-04-20 Muskegon Hartshorn Marina_Proposal - Rev1.docx
Mr. Leo Evans
City of Muskegon
Hartshorn Marina – Proposal (Rev1)
April 20, 2021
Page 4 of 9
Figure 3: Preferred Plan (02/01/2019)
The plans will include the following primary considerations:
Marina Electric: Abonmarche will coordinate with an electrical sub-consultant in order
to design appropriate electrical distribution and protection per NEC standards.
ADA: Building modifications and new docks will be designed to achieve facility
compliance with the Americans with Disabilities Act (ADA)
Anchorage: Floating dock anchorage types will be considered as plans are developed
for permitting and for eventual bidding.
Layouts will be developed in general compliance with 2003 State of Michigan Harbor
Development Standard Guidance and ASCE Manual 50, Planning and Design
Guidelines for Small Craft Harbors. Slip lengths, overload slips, and other factors will be
considered with regard to appropriate dimensioning.
A draft of the preliminary plans, specifications outline, and opinion of probable cost will be
developed and reviewed with the City and F3 Marinas. After the meeting and after sufficient
review period, Abonmarche will address comments and prepare the final version of the
preliminary plans for use in permitting.
O:\Proposals\_Michigan\Governmental\City of Muskegon\2021\Hartshorn Marina\2021-04-20 Muskegon Hartshorn Marina_Proposal - Rev1.docx
Mr. Leo Evans
City of Muskegon
Hartshorn Marina – Proposal (Rev1)
April 20, 2021
Page 5 of 9
This phase includes up to two (2) on-site meetings with City Staff and F3 Marinas, as
appropriate, given Covid19 mandates. This task assumes one (1) submittal to the City for
review of preliminary plans.
Task 2 Deliverables:
Refined work plan/project program; detailed project schedule
Draft and final versions of preliminary plans
Specifications outline
Opinion of probable cost
Task 3 – Joint Permit Application & Permit Processing
Abonmarche will prepare a Joint Permit Application (JPA) for submittal to both the Michigan
Department of Environment, Great Lakes & Energy (EGLE) and the U.S. Army Corps of
Engineers (USACE). The JPA package will include a cover letter, 8.5” x 11” format permit
drawings, and completed joint permit application. Prior to submitting the JPA, Abonmarche
will provide a final draft to the City of Muskegon for review.
After the submittal of the JPA, Abonmarche will provide complete permit processing services
on an as-needed basis. We will respond to agency follow-up request, meetings, drawing
revisions, clarifications, and other efforts necessary to respond to agency concerns and
questions. Permit processing is proposed on a budgetary basis and will ultimately depend
upon agency needs and requests. This assumes a straightforward permitting process involving
a single submittal to both regulatory agencies. Fees for permit applications to be paid by the
City.
Task 3 Deliverables:
Draft & final JPA package
Task 4 – Final Design
Abonmarche will address comments from F3 Marinas, regulatory agencies, and the City of
Muskegon in the development of a final design package. The package will include all of the
project components outlined above in Task 2 and will identify those elements which will be
included in the 2021-22 construction scope. Final plans will detail the floating dock layouts,
anchorage requirements (typically performance-based), electrical and potable water
systems, sidewalk repair sections, and building improvements. Bid specifications will be
O:\Proposals\_Michigan\Governmental\City of Muskegon\2021\Hartshorn Marina\2021-04-20 Muskegon Hartshorn Marina_Proposal - Rev1.docx
Mr. Leo Evans
City of Muskegon
Hartshorn Marina – Proposal (Rev1)
April 20, 2021
Page 6 of 9
developed to detail material, performance, and execution requirements. Abonmarche will
also prepare an updated opinion of probable cost and contract documents. If
specific/standard City contract documents or conditions must be included, we will
incorporate them into the package. A draft final design package will be submitted to the City
and F3 Marinas for review and comment. Abonmarche will then meet with the project team
to review the package and address comments.
A final design package will be prepared for use in bidding the project to qualified contractors.
This proposal assumes that a single bid package and single contract will be utilized to
construct the 2021-22 construction phase. If multiple contract/bid packages are needed,
additional efforts will be required, which are not currently included in this proposal.
This phase includes up to two (2) in-person meetings with the design team and up to one (1)
City Council meeting.
Task 4 Deliverables:
Draft and final versions of bid plans, specifications, and contract documents
Opinion of probable cost
Meeting summaries
Task 5 – Bidding and Award
Abonmarche will distribute project advertisements to the local newspaper, qualified
contractors known to Abonmarche, and others as directed by City Staff. The bid will be
administered electronically through Abonmarche’s online bidding website and/or the City’s
website. We will address questions and issue addenda as needed. Fees for advertising will be
paid by the City.
This phase includes attendance of a pre-bid conference and bid-opening. Abonmarche will
also tabulate bids, review bidder references, and submit a contract award recommendation.
Note that increased efforts during bidding of a project that includes performance-based
floating dock specifications are anticipated, per our experience. We will work with you and
with F3 Marinas to identify means for tightening the specification where appropriate.
Task 5 Deliverables:
Bid tabulation
Award recommendation
O:\Proposals\_Michigan\Governmental\City of Muskegon\2021\Hartshorn Marina\2021-04-20 Muskegon Hartshorn Marina_Proposal - Rev1.docx
Mr. Leo Evans
City of Muskegon
Hartshorn Marina – Proposal (Rev1)
April 20, 2021
Page 7 of 9
Task 6 – Construction Administration (Assumed 20-week ’21-22 Phase Only)
This task assumes a construction cost of $2,000,000 and a total construction period (excluding
temporary winter shut down periods) of 20 weeks. As the final construction scope is identified
based upon opinions of probable cost and City budget limitations, Abonmarche will revisit this
assumption and adjust this task, scope and fee, if needed. Abonmarche will administer
construction, including processing pay estimates, RFIs, submittals, change orders, punch list,
and related construction administration duties. This will also include construction staking of
landside improvements, set up of control for contractor layout of waterborne structures.
Abonmarche will attend and conduct all meetings necessary for the administration of the
construction contract. This is anticipated to include the pre-construction meeting, up to
nineteen weekly (19) progress meetings, a punch list walk-through, and site visit for verification
of completion and final acceptance. A total of eighteen (22) site visits are anticipated as part
of construction. We have also estimated office support time of eight hours per week.
Task 6 Deliverables:
Inspector daily reports
Meeting agendas/summaries, progress reports
Pay recommendations, submittal reviews
SCHEDULE
Abonmarche is available to begin the scope of work herein within one week of receipt of the
notice to proceed.
The following schedule is intended to illustrate the anticipated project schedule, subject to
start date, regulatory process, weather, and budget/funding constraints.
Task Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr
Task 1 - Topographic Survey
Task 2 - Preliminary Design
Task 3 - JPA & Permit Process
Task 4 - Final Design
Task 5 - Bidding & Award
Task 6 - Construction Admin
O:\Proposals\_Michigan\Governmental\City of Muskegon\2021\Hartshorn Marina\2021-04-20 Muskegon Hartshorn Marina_Proposal - Rev1.docx
Mr. Leo Evans
City of Muskegon
Hartshorn Marina – Proposal (Rev1)
April 20, 2021
Page 8 of 9
MEETINGS
This proposal assumes up to six (6) in-person meetings in Muskegon prior to award of the
construction contract (including the meetings defined above in Tasks 1-5). Construction period
site meetings are defined above in Task 6.
Attendance to one (1) City Council meeting is included in Task 4. However, if requested,
Abonmarche staff is available to attend on a time and materials basis.
EXCLUSIONS
Our proposal does not include any fees for obtaining record information or permit application
fees. The following services are specifically excluded from this proposal. If a need is identified,
Abonmarche is available to provide a proposal at your request.
• Bathymetric/boundary surveys
• Environmental or other special studies as may be required by regulatory agencies
• Local permitting – City or County
• Multiple bid/contracts
• Soil borings – geotechnical or environmental
• Quality Assurance testing of soil density and concrete
O:\Proposals\_Michigan\Governmental\City of Muskegon\2021\Hartshorn Marina\2021-04-20 Muskegon Hartshorn Marina_Proposal - Rev1.docx
Mr. Leo Evans
City of Muskegon
Hartshorn Marina – Proposal (Rev1)
April 20, 2021
Page 9 of 9
FEES
Our fees to complete the above Scope of Services are estimated by task as follows,
including reimbursable expenses:
Task 1 – Topographic Survey $ 21,200
Task 2 – Preliminary Design (2) $ 37,400
Task 3 – JPA & Permit Processing (1) $ 7,700
Task 4 – Final Design (2) $ 58,700
Task 5 – Bidding and Award (2) $ 7,400
Task 6 – Construction Administration (2) (3) $ 98,200
Total Estimated Fee $ 230,600
1. Permitting phase assumes a straightforward process, with minimal agency requests
after permit submittal.
2. Tasks 2, 4, 5, and 6 include a total budget of $21,600 for Electrical Engineering. Scope
and fee for electrical is pending final confirmation with Abonmarche’s subconsultant.
We will advise if electrical budget will require modification.
3. Construction administration fee is based upon a limited project size as described
above. If the project construction budget estimate increases, Abonmarche will revisit
the estimated fee and coordinate with you prior to construction.
Our actual billings will be based on current billable rates and reimbursement for expenses.
Your authorization of our standard professional services agreement (attached) will authorize us
to commence with the work. If you have any questions or need further clarification, please
feel free to contact me at (269)926-4559 or [email protected].
Sincerely,
ABONMARCHE CONSULTANTS, INC.
Michael Morphey, PE, LEED AP Timothy R. Drews, PE, PTOE
Sr. Project Manager/Waterfront Group Director Vice President
cc: Christopher J. Cook, PE
Attachments: Professional Services Agreement
O:\Proposals\_Michigan\Governmental\City of Muskegon\2021\Hartshorn Marina\2021-04-20 Muskegon Hartshorn Marina_Proposal - Rev1.docx
Professional Services Agreement
Abonmarche Project Number:
AGREEMENT between (Client name), City of Muskegon (Date) 4/20/2021
(Client address) 1315 Keating Avenue, Muskegon, MI 49442 (Phone) 231.724.6920
(Cell) 231.750.6369 (Fax) (Email) [email protected] hereinafter referred
to as the Client, and Abonmarche Consultants, Inc., referred to as Abonmarche, of 95 West Main Street, PO Box 1088, Benton Harbor, MI 49023.
The Client contracts with Abonmarche to perform professional services with regard to the Client’s project generally referred to as:
(Project
Name) Hartshorn Marina Improvements (Location)
The professional services to be provided by Abonmarche, collectively referred to as the Work Plan, are as follows:
(Scope of work) As outlined in Abonmarche’s proposal dated April 20, 2021 (attached)
(Project schedule) As outlined in Abonmarche’s proposal dated April 20, 2021 (attached)
(Special Provisions)
Abonmarche’s proposal/work plan, dated April 20, 2021 is incorporated into this Agreement by reference, and is limited to the services
described therein.
The Client agrees to promptly pay for services provided by Abonmarche for the Scope of Work according to the following:
(fee $) As outlined in Abonmarche’s proposal dated April 20, 2021 (attached)
Prior to commencement of services, the Client will specify any and all documentation that the Client requires for submission with the invoice for services
provided by Abonmarche. Absent any special request from the Client, Abonmarche will send its standard form of invoice.
If, after receipt of an invoice from Abonmarche, the Client has any questions, or if there are any discrepancies in the invoice, the Client shall identify the issue in
writing within ten (10) days of its receipt. If no written objection is made within the ten (10) day period, any such objection shall be deemed waived.
Abonmarche invoices are due upon receipt. The parties agree that interest of 1.5% per month will be added to any unpaid balance after 30 days.
The Client has designated Leo Evans as its Representative. The Representative shall have the authority to
execute any documents pertaining to this Agreement or amendments thereto, and for the approval of all change orders, addenda, and additional services to
be performed by Abonmarche. The representative shall be the contact person for submission of all documents, invoices or communications.
Authorization to Proceed and Guarantee of Payment: By signing this Agreement the Client authorizes Abonmarche to provide services described above, and
that the Client is the responsible party for making payment to Abonmarche. By signing below, I acknowledge that I have received and agree to the Terms
and Conditions on Page 2 of this Agreement, and I understand that the Terms and Conditions take precedence over all prior oral and written understandings.
These Terms and Conditions can only be amended, supplemented, modified, or canceled by a written instrument signed by both parties. Any notice or other
communications shall be in writing and shall be considered to have been duly given when personally delivered or upon the third day after being deposited
into first class certified mail, postage prepaid, return receipt requested.
Authorized Client Representative If Individual Authorized Abonmarche Representative
Client: City of Muskegon Signature: Signature:
Signature: Printed Name: Printed Name:
Printed Name: Date of Birth: Title:
Originating Abonmarche Consultants, Inc.
Date Signed: Driver’s License #: Office: 95 W. Main Street
PO Box 1088
Federal Tax ID: Employed by: Benton Harbor, MI 49023
T 269.927.2295
Address: F 269.927.1017
City/State Date Signed:
Date Signed:
Revised 8-19-2014 Page 1 of 2
Client pursuant to the services under this Agreement. Computer files of text, data,
TERMS AND CONDITIONS OF PROFESSIONAL SERVICES graphics, or of other types of electronic media are the sole possession of
AGREEMENT [2014 PSA edited per City of Muskegon, 11/2019] Abonmarche, unless specifically stated otherwise in an amendment to this
1. Agreement. These Terms and Conditions shall be incorporated by reference and Agreement. Any electronic media provided under this Agreement to the Client
shall prevail as the basis of the Client’s Agreement to Abonmarche. Any Client are only for the convenience of the Client. Any conclusions or information
document or communication in addition to or in conflict with these Terms and obtained or derived from such electronic files will be at the user’s sole risk.
Conditions shall be subordinate and subject to these provisions. 15. Bonds and Permits. The Client will be responsible for the adoption of any site
2. Execution. Abonmarche has the option to render this Agreement null and void, if access or right of way bonds that may be initiated on their behalf. At completion
it is not executed within thirty (30) days of delivery. of Abonmarche’s services, the Client will take responsibility and pay any ongoing
3. Client Responsibilities. The Client will provide all criteria and information bond or permit costs for any bonded or permitted services.
concerning the requirements of the Project. The Client will assume responsibility 16. Insurance. Upon request, the Client and Abonmarche will each deliver to the
for interpretation of contract documents and for construction observation and other certificates of insurance evidencing their coverage. The Client will require
will waive all claims against Abonmarche that may be in any way connected, the Contractor to purchase and maintain general liability and other insurance as
unless Abonmarche’s services under this Agreement include full-time construction specified in the Contract Documents and to cause Abonmarche and
observation or review of contractor’s performance. Abonmarche’s employees to be listed as additional insured with respect to such
4. Performance. The standard of care for services performed by or provided by liability and other insurance purchased and maintained by the Contractor for the
Abonmarche will be the care and skill ordinarily used by Abonmarche’s profession Project.
practicing under similar circumstances at the same time and in the same locality. 17. Third party Invoicing. If the Client directs Abonmarche to invoice third party
Abonmarche makes no warranty, expressed or implied, with respect to any payers, Abonmarche will do so, but the Client agrees to be ultimately responsible
services provided by Abonmarche. Abonmarche will not be liable for any claim, for Abonmarche’s compensation until the Client provides Abonmarche with the
damages, cost, or expense (including attorney’s fees) or other liability or loss not third party’s written acceptance of all terms of this Agreement and until
directly and solely caused by the negligent acts, errors, or omissions of Abonmarche agrees to the substitution.
Abonmarche. 18. Third Party Beneficiaries. Nothing contained in this Agreement shall create a
5. Hourly Billing Rates. If payment is on an hourly rate, Client will pay Abonmarche contractual relationship with or a cause of action in favor of a third party against
at the current hourly billing rates. The hourly rates are adjusted annually or as either the Client or Abonmarche. Abonmarche’s services under this Agreement
deemed appropriate. are being performed solely for the Client’s benefit, and no other party or entity
6. Reimbursable Expenses. Reimbursable expenses, the actual costs incurred shall have any claim against Abonmarche because of this Agreement or
directly or indirectly for the Client’s Project, will be charged at Abonmarche’s performance or nonperformance of services hereunder. The Client and
current rates. Examples of reimbursable expenses include, but are not limited to: Abonmarche agree to require a similar provision in all contracts with contractors,
mileage, tests and analyses, special equipment services, postage and delivery subcontractors, subconsultants, vendors and other entities involved in this Project
charges, telephone and telefax charges, copying, printing, and binding charges, to carry out the intent of this provision.
commercial transportation, meals, lodging, special fees, licenses, and permits. 19. Suspension of Services. In the event of non-payment by Client, Abonmarche will
Subconsultant and outside technical or professional services will be charged on have the absolute right to cease performance of any services.
the basis of the actual costs times a factor of 1.15. 20. Contractor’s Work: Abonmarche shall have no authority to direct or control the
7. Additional Services. Additional services that may be provided pursuant to the Work of the Contractor or to stop the Work of the Contractor. Abonmarche shall
Agreement or any subsequent modification of the Agreement will be authorized, not be liable to any party for the failure of the Contractor to perform the Work
when possible, by written amendment signed on behalf of the Client and consistent with the Plans and Specifications and applicable Codes and
Abonmarche. Additional services, performed by Abonmarche are subject to all Regulations. Abonmarche shall have no responsibility or be liable for safety
Terms and Conditions and the Client will be responsible for payment. Should the procedures of the Contractor or its subcontractors.
Client, regulatory agency, or any public body or inspector direct modification or 21. Notice of Lien Rights.
addition to services covered by this Agreement, including costs relating to the 22. Legal Expenses. If Abonmarche brings a lawsuit against the Client to collect
relationship between the Client and a third party i.e. punch lists, change orders, invoiced fees and expenses, the Client shall be legally liable to pay
and disputes, the cost will be added to the agreed price. Requests for extra Abonmarche’s expenses, including its actual attorney fees and costs.
services should be made in writing via a change order, but none the less, 23. Liability Limitation. Client and persons claiming through Client agree to limit the
Abonmarche is entitled to be paid for extra services provided whether or not it is liability of Abonmarche, its agents and employees, for all claims arising out of, in
in writing. connection with, or resulting from, the performance of the services under this
8. Underground Structures or Buried Utilities. The Client is responsible for identification agreement to an amount of $250,000 or the fee paid to us for professional services
and location of all public and private buried structures on the Client’s property on this project, whichever is greater. Client acknowledges that Abonmarche is a
and the Project site, such as, but not limited to, storage tanks and lines, or gas, corporation and agrees that any claim made by Client arising out of any act or
water, sewer, electrical, phone, cable, or any other public or private utilities. It is mission of any director, officer, or employee of Abonmarche, in execution or
agreed that Abonmarche is not responsible for accidental damage to utilities or performance of this Agreement, shall be made against Abonmarche and not
underground structures, whether known, unknown or improperly located. The against such director, officer, or employee.
client shall be responsible for design fees if changes are necessary. Utility locating 24. Consequential Damages. The Client and Abonmarche waive consequential
or marking services provided by Abonmarche are not substitutes for complying damages for claims, disputes, or other matters in question relating to services
with the utility owner notification requirements or the locating services (811 provided as a part of this Agreement, including for example, but not limited to,
systems) required prior to an excavation. Utilities shown as located by ground loss of business.
penetrating radar are approximate only. No excavation took place to verify the 25. Governing Law. This Agreement will be deemed to have been made in Berrien
positions shown or to verify the type of utility (except as noted). Careful County, Michigan and shall be governed by and construed in accordance with
excavation is required for verification of the buried utility. The owner or customer the laws of the State of Michigan.
assumes the risk of error and the actual location of the underground utility. 26. Exclusive choice of forum. Each party irrevocably and unconditionally agrees
Abonmarche is not providing any certification or guarantee regarding the exact that it will not bring any action, litigation, or proceeding against any other party
location of any underground utility. in any way arising from or relating to this Agreement in any forum other than the
9. Underground Conditions. Abonmarche shall have no responsibility for the courts of the state of Michigan sitting in Berrien (if brought by Client) or Muskegon
identification of existing or unforeseen/differing underground conditions. The (if brought by Abonmarche)and any applicable Michigan appellate court. Each
Contractor shall have sole responsibility for determining the nature of party irrevocably and unconditionally submits to the exclusive jurisdiction of those
underground conditions and the means and methods of dealing with those courts and agrees to bring any such action, litigation, or proceeding only in those
conditions. Abonmarche is entitled to rely upon the information provided by courts. Each party agrees that a final judgment in any such action, litigation, or
geotechnical consultants and shall have no responsibility for the accuracy or proceeding is conclusive and may be enforced in other jurisdictions by suit on the
correctness of the data contained in the geotechnical reports. judgment or in any other manner provided by law.
10. Site Access and Security. With the exception of access rights that land surveyors 27. Considerations. The successors, executors, administrators, and legal
are afforded by law, the Client will provide Abonmarche access to the Project representatives of the Client and Abonmarche are hereby bound onto the other
site and the Client will be responsible for obtaining any necessary permission from with respect to the covenants, Agreements, and obligations of this Agreement.
any affected third party property owners for use of their lands. The Client is solely 28. Acts of God. Neither the Client nor Abonmarche will have any liability for
responsible for site security. nonperformance caused in whole or in part by causes beyond Abonmarche's
11. Consultants. Abonmarche may engage Consultants at the request of the Client reasonable control. Such causes include, but are not limited to, Acts of God, civil
to perform services which are typically the Client’s responsibility, such as surveys, unrest and war, labor unrest and strikes, acts of authorities, and events that could
geotechnical and environmental assessments. The Client agrees that not be reasonably anticipated.
Abonmarche will not be responsible for, or in any manner guarantee, the 29. Termination. Either the Client or Abonmarche may terminate this Agreement by
performance of services by the Consultants. The Client agrees that Abonmarche giving ten (10) days written notice to the other party. In such an event, the Client
will not be liable for any claim, liability, or defense cost for injury or loss sustained will pay Abonmarche in full for all services previously authorized and performed
by any party allegedly caused by the Consultants’ negligence or willful prior to the effective date of the termination, plus (at the discretion of
misconduct. Abonmarche) a termination charge to cover finalization of services necessary to
12. Opinions of Cost. Any opinions of probable construction cost and/or total project bring ongoing services to a logical conclusion. Such charge will not exceed thirty
cost provided by Abonmarche will be on the basis of experience and judgment, (30) percent of all charges previously incurred. Upon receipt of such payment,
but these are only estimates. Abonmarche does not warrant that bids or ultimate Abonmarche will return to the Client all documents and information that are the
construction or total project costs will not vary from such estimates. property of the Client.
13. Ownership of Work Product. Abonmarche will remain the owner of all original 30. Entire Agreement. This Agreement contains the entire agreement between the
drawings, reports, and other materials provided to the Client, whether in hard parties and there are no agreements, representations, statements, or
copy or magnetic media form. The Client is authorized to use the copies provided understandings which have been relied on by the parties which are not stated in
by Abonmarche only in connection with the Project. Any other use or reuse by this Agreement.
the Client for any purposes whatever will be at the Client’s risk and full legal End of Agreement.
responsibility, without liability to Abonmarche and the Client will defend,
indemnify, and hold Abonmarche harmless from all claims, damages, losses, and
expenses, including attorney fees arising out of or resulting there from.
14. Electronic Media. Copies of data, reports, drawings, specifications, and other
materials furnished by Abonmarche that may be relied upon by the Client are
limited to the printed copies (also known as hard copies) that are delivered to the
Revised 8-19-2014 Page 2 of 2
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 4/27/2021 Title: Hartshorn Marina - Fencing
Submitted By: Doug Sayles/Leo Evans Department: Public Works
Brief Summary:
Staff is requesting permission to enter into a contract with Affordable Fence to install fencing at
Hartshorn Marina.
Detailed Summary:
The Department of Public Works is requesting permission to enter into a contract with Affordable
Fence for fence purchase, installation and walkthrough gates, per their proposal. Cost for the
purchase and installation of fence is $30,700.62, plus $3,738 for 3 walk-through gates.
Staff solicited bids for the work and Affordable Fence provides the overall low price when including
the proposed cost of the gates.
Amount Requested $34,438.62 Amount Budgeted: $0
Fund(s) or Account(s): 594-70756 Fund(s) or Account(s): 594-70756
Recommended Motion: Authorize staff to enter into a contract for fence/gate purchase and
installation with Affordable Fence at Hartshorn Marina.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 27, 2021 Title: H92037 Monroe, Third to Fourth and
H92046 Alley Improvements
Submitted By: Joel Brookens Department: Public Works
Brief Summary:
Authorize the award of the H92037 Monroe, Third to Fourth and H92046 Alley Improvements contract
to the low bidder, Jackson Merkey Contracting along with approving the noted project contingency.
Detailed Summary:
Staff solicited bids for reconstruction of Monroe Street, from Third to Fourth, and for Alley
Improvements behind Frauenthal and MCC.
Bids received are as follows:
• $338,262.85 – Jackson Merkey
• $420,376.00 – Wadel Stabilization
The project would be constructed during the 2021-22 construction season.
Design Engineering work is already completed and funded within the 20-21 budget adjusted on
upcoming 3rd Quarter Reforecast. The entirety of this request will be included in the 21-22 proposed
budget along with an allowance for Engineering Services during construction.
Bids were opened prior to the adoption and approval of the updated purchasing policy so the old policy
was used to that point. Going forward, in particular for any change orders, staff will be utilizing the new
purchasing policy.
Amount Requested: $369,000 Amount Budgeted: $419,000
$338,262.85 – Construction Contract 20/21 - $30,000
$30,737.15 – Contingency 21/22 - $389,000
Fund(s) or Account(s): 20-21 / 21-22 Fund(s) or Account(s): 20-21 / 21-22
203-92037 $15,000 / $50,000 203-92037 $15,000 / $50,000
591-92037 $5,000 / $120,000 591-92037 $5,000 / $120,000
591-60555 $0 / $40,000 591-60555 $0 / $40,000
203-92046 $10,000 / $150,000 203-92046 $10,000 / $150,000
590-92046 $0 / $29,000 590-92046 $0 / $29,000
Total $419,000 Total $419,000
Recommended Motion:
Approve the award of the H92037 Monroe, Third to Fourth and H92046 Alley Improvements
contract to the low bidder, Jackson Merkey Contracting and approve the budgeted project
contingency.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
1.10 BID TABULATION
City of Muskegon Project Engineer: JB Date: 4/14/2021
Engineering Department Project Number: H92037/H92046
Project description: Monroe Street & Alley Improments
Engineer's Estimate: $ 273,934.15
Engineers Estimate Jackson-Merkey Cont. Wadel Stabilization Inc
H 92037 Monroe, Third to Fourth $ 168,643.20 $ 174,646.25 $ 188,524.00
H 92046 Alley Improvements $ 105,290.95 $ 163,616.60 $ 231,852.00
BID TOTAL: $ 273,934.15 $ 338,262.85 $ 420,376.00
Bid Tabulation 1 of 5
1.10 BID TABULATION
City of Muskegon Project Engineer: KP Date: 3/11/2021
Engineering Department Project Number: H92037
Project description: Monroe, Third to Fourth
Engineer's Estimate: $ 168,643.20
Engineers Estimate JMC Wadel Stabilization Inc
Line Item Pay Code Description Units Quantity Unit Price Total Unit Price Total Unit Price Total
1 1500001 Mobilization, Max LSUM 1 $ 15,000.00 $ 15,000.00 $ 12,500.00 $ 12,500.00 $ 13,925.00 $ 13,925.00
2 2040055 Sidewalk, Rem Syd 184 $ 5.00 $ 920.00 $ 15.00 $ 2,760.00 $ 11.50 $ 2,116.00
3 2047011 Pavt, Rem, Modified Syd 1267 $ 5.00 $ 6,335.00 $ 7.80 $ 9,882.60 $ 7.10 $ 8,995.70
4 2057002 Machine Grading, Modified Sta 4.2 $ 1,500.00 $ 6,300.00 $ 1,790.00 $ 7,518.00 $ 2,175.00 $ 9,135.00
5 2080020 Erosion Control, Inlet Protection, Fabric Drop Ea 4 $ 100.00 $ 400.00 $ 180.00 $ 720.00 $ 130.00 $ 520.00
6 2090001 Project Cleanup LSUM 1 $ 1,000.00 $ 1,000.00 $ 1,790.00 $ 1,790.00 $ 860.00 $ 860.00
7 3020020 Aggregate Base, 8 inch Syd 1127 $ 8.00 $ 9,016.00 $ 12.00 $ 13,524.00 $ 12.50 $ 14,087.50
8 3060021 Maintenance Gravel, LM Cyd 5 $ 20.00 $ 100.00 $ 24.00 $ 120.00 $ 27.80 $ 139.00
9 5010025 Hand Patching Ton 2 $ 200.00 $ 400.00 $ 150.00 $ 300.00 $ 150.00 $ 300.00
10 5010051 HMA, 4E3 Ton 284 $ 95.00 $ 26,980.00 $ 92.60 $ 26,298.40 $ 92.60 $ 26,298.40
11 8010007 Driveway, Nonreinf Conc, 8 inch Syd 98 $ 40.00 $ 3,920.00 $ 45.00 $ 4,410.00 $ 45.00 $ 4,410.00
12 8020038 Curb and Gutter, Conc, Det F4 Ft 696 $ 20.00 $ 13,920.00 $ 18.50 $ 12,876.00 $ 18.50 $ 12,876.00
13 8030044 Sidewalk, Conc, 4 inch Sft 434 $ 3.00 $ 1,302.00 $ 4.00 $ 1,736.00 $ 4.00 $ 1,736.00
14 8030046 Sidewalk, Conc, 6 inch Sft 296 $ 4.00 $ 1,184.00 $ 4.00 $ 1,184.00 $ 4.00 $ 1,184.00
15 8120022 Barricade, Type III, High Intensity, Lighted, Furn Ea 4 $ 50.00 $ 200.00 $ 70.00 $ 280.00 $ 85.00 $ 340.00
16 8120023 Barricade, Type III, High Intensity, Lighted, Oper Ea 4 $ 1.00 $ 4.00 $ 1.00 $ 4.00 $ 5.00 $ 20.00
17 8120170 Minor Traf Devices LSUM 1 $ 5,000.00 $ 5,000.00 $ 2,270.00 $ 2,270.00 $ 2,250.00 $ 2,250.00
18 8120250 Plastic Drum, High Intensity, Furn Ea 25 $ 20.00 $ 500.00 $ 17.00 $ 425.00 $ 17.00 $ 425.00
Bid Tabulation 2 of 5
City of Muskegon Project Engineer: KP Date: 3/11/2021
Engineering Department Project Number: H92037
Project description: Monroe, Third to Fourth
Engineer's Estimate: $ 168,643.20
Engineers Estimate JMC Wadel Stabilization Inc
PAGE 1 TOTAL $ 92,481.00 $ 98,598.00 $ 99,617.60
Engineers Estimate JMC Wadel Stabilization Inc
Unit Price Total Unit Price Total Unit Price Total
19 8120251 Plastic Drum, High Intensity, Oper Ea 25 $ 1.00 $ 25.00 $ 1.00 $ 25.00 $ 1.00 $ 25.00
20 8120350 Sign, Type B, Temp, Prismatic, Furn Sft 148 $ 5.50 $ 814.00 $ 4.00 $ 592.00 $ 4.00 $ 592.00
21 8120351 Sign, Type B, Temp, Prismatic, Oper Sft 148 $ 1.00 $ 148.00 $ 1.00 $ 148.00 $ 1.00 $ 148.00
22 8120352 Sign, Type B, Temp, Prismatic, Spec, Furn Sft 8 $ 8.56 $ 68.48 $ 7.00 $ 56.00 $ 7.00 $ 56.00
23 8120353 Sign, Type B, Temp, Prismatic, Spec, Oper Sft 8 $ 1.34 $ 10.72 $ 1.00 $ 8.00 $ 1.00 $ 8.00
24 8160062 Topsoil Surface, Furn, 4 inch Syd 854 $ 3.00 $ 2,562.00 $ 5.70 $ 4,867.80 $ 4.00 $ 3,416.00
25 8167011 Hydroseeding Syd 854 $ 1.00 $ 854.00 $ 1.50 $ 1,281.00 $ 1.00 $ 854.00
26 8237001 Watermain, DI, 8 inch, Tr Det G, Modified Ft 406 $ 70.00 $ 28,420.00 $ 79.50 $ 32,277.00 $ 67.00 $ 27,202.00
27 8237001 Water Service, 1 inch, Copper Type k Ft 527 $ 30.00 $ 15,810.00 $ 35.45 $ 18,682.15 $ 36.00 $ 18,972.00
28 8237001 Water Service, Private Property, 1 inch Ft 123 $ 50.00 $ 6,150.00 $ 20.60 $ 2,533.80 $ 33.80 $ 4,157.40
29 8237050 Bend, 8 inch, 45 Degree, DI MJ Ea 4 $ 350.00 $ 1,400.00 $ 760.00 $ 3,040.00 $ 555.00 $ 2,220.00
30 8237050 Sleeve, 8 inch, Long, DI MJ Ea 2 $ 450.00 $ 900.00 $ 915.00 $ 1,830.00 $ 835.00 $ 1,670.00
31 8237050 Corporation Stop, 1 inch Ea 15 $ 350.00 $ 5,250.00 $ 105.00 $ 1,575.00 $ 737.00 $ 11,055.00
32 8237050 Curb Stop and Box, 1 inch Ea 15 $ 350.00 $ 5,250.00 $ 265.50 $ 3,982.50 $ 855.00 $ 12,825.00
33 8237050 Cut and Cap, 6 inch Watermain Ea 2 $ 500.00 $ 1,000.00 $ 575.00 $ 1,150.00 $ 893.00 $ 1,786.00
34 8237050 Water Service, Building Connection, 1 inch Ea 5 $ 1,500.00 $ 7,500.00 $ 800.00 $ 4,000.00 $ 784.00 $ 3,920.00
PAGE 2 TOTAL $ 76,162.20 $ 76,048.25 $ 88,906.40
H 92037 MONROE TOTAL: $ 168,643.20 $ 174,646.25 $ 188,524.00
Bid Tabulation 3 of 5
1.10 BID TABULATION
City of Muskegon Project Engineer: JB Date: 3/11/2021
Engineering Department Project Number: H92046
Project description: Alley Improvements
Engineer's Estimate: $ 105,290.00
Engineers Estimate JMC Wadel Stabilization Inc
Line Item Pay Code Description Units Quantity Unit Price Total Unit Price Total Unit Price Total
1 1500001 Mobilization, Max LSUM 1 $ 12,000.00 $ 12,000.00 $ 13,800.00 $ 13,800.00 $ 13,925.00 $ 13,925.00
2 2030011 Dr Structure, Rem Ea 8 $ 351.00 $ 2,808.00 $ 600.00 $ 4,800.00 $ 763.00 $ 6,104.00
3 2030015 Sewer, Rem, Less than 24 inch Ft 400 $ 13.86 $ 5,544.00 $ 30.00 $ 12,000.00 $ 10.10 $ 4,040.00
4 2047011 Pavt, Rem, Modified Syd 1000 $ 5.00 $ 5,000.00 $ 15.50 $ 15,500.00 $ 16.00 $ 16,000.00
5 2057002 Machine Grading, Modified Sta 4 $ 1,500.00 $ 6,000.00 $ 2,920.00 $ 11,680.00 $ 2,255.00 $ 9,020.00
6 2080020 Erosion Control, Inlet Protection, Fabric Drop Ea 4 $ 100.00 $ 400.00 $ 160.00 $ 640.00 $ 130.00 $ 520.00
7 2090001 Project Cleanup LSUM 1 $ 1,000.00 $ 1,000.00 $ 2,000.00 $ 2,000.00 $ 860.00 $ 860.00
8 3020020 Aggregate Base, 8 inch Syd 890 $ 8.00 $ 7,120.00 $ 15.50 $ 13,795.00 $ 14.00 $ 12,460.00
9 4027001 Sewer, PVC SDR 35, 10 inch, Tr Det B Ft 15 $ 35.00 $ 525.00 $ 405.00 $ 6,075.00 $ 153.00 $ 2,295.00
10 4027001 Sewer, PVC SDR 35, 12 inch, Tr Det B Ft 400 $ 35.00 $ 14,000.00 $ 51.50 $ 20,600.00 $ 153.00 $ 61,200.00
11 4027050 Sewer WYE, PVC SDR 35, 12 INCH X 8 INCH Ea 8 $ 150.00 $ 1,200.00 $ 330.00 $ 2,640.00 $ 874.00 $ 6,992.00
12 4027050 Sewer Lateral, PVC SDR 35, 8 Inch, TR DET B, Modified Ea 8 $ 500.00 $ 4,000.00 $ 1,270.00 $ 10,160.00 $ 478.00 $ 3,824.00
13 4027050 Sewer Bulkhead, 12 Inch Ea 2 $ 200.00 $ 400.00 $ 315.00 $ 630.00 $ 859.00 $ 1,718.00
14 4030010 Dr Structure Cover, Type B Ea 3 $ 506.15 $ 1,518.45 $ 800.00 $ 2,400.00 $ 1,045.00 $ 3,135.00
15 4030025 Dr Structure Cover, Type D Ea 3 $ 577.50 $ 1,732.50 $ 750.00 $ 2,250.00 $ 1,150.00 $ 3,450.00
16 4030210 Dr Structure, 48 inch dia Ea 6 $ 1,500.00 $ 9,000.00 $ 1,460.00 $ 8,760.00 $ 8,475.00 $ 50,850.00
17 4030250 Dr Structure, Add Depth of 48 inch dia, 8 foot to 15 foot Ft 7 $ 200.00 $ 1,400.00 $ 1,210.00 $ 8,470.00 $ 111.00 $ 777.00
18 4037050 Dr Structure, Adj, Case 1, Modified Ea 1 $ 500.00 $ 500.00 $ 985.00 $ 985.00 $ 625.00 $ 625.00
Page 1 sub-total $ 74,147.95 $ 137,185.00 $ 197,795.00
Bid Tabulation 4 of 5
City of Muskegon Project Engineer: JB Date: 3/11/2021
Engineering Department Project Number: H92046
Project description: Alley Improvements
Engineer's Estimate: $ 105,290.00
Engineers Estimate JMC Wadel Stabilization Inc
Line Item Pay Code Description Units Quantity Unit Price Total Unit Price Total Unit Price Total
Engineers Estimate JMC Wadel Stabilization Inc
Unit Price Total Unit Price Total Unit Price Total
19 5010025 Hand Patching Ton 4 $ 100.00 $ 400.00 $ 150.00 $ 600.00 $ 150.00 $ 600.00
20 5010051 HMA, 4E3 Ton 196 $ 95.00 $ 18,620.00 $ 92.60 $ 18,149.60 $ 94.50 $ 18,522.00
21 8010007 Driveway, Nonreinf Conc, 8 inch Syd 22 $ 40.00 $ 880.00 $ 45.00 $ 990.00 $ 45.00 $ 990.00
22 8020038 Curb and Gutter, Conc, Det F4 Ft 75 $ 20.00 $ 1,500.00 $ 20.00 $ 1,500.00 $ 20.00 $ 1,500.00
23 8030044 Sidewalk, Conc, 4 inch Sft 155 $ 3.00 $ 465.00 $ 4.00 $ 620.00 $ 4.00 $ 620.00
24 8030047 Sidewalk, Conc, 7 inch Sft 200 $ 4.50 $ 900.00 $ 4.00 $ 800.00 $ 4.00 $ 800.00
25 8120022 Barricade, Type III, High Intensity, Lighted, Furn Ea 4 $ 50.00 $ 200.00 $ 70.00 $ 280.00 $ 85.00 $ 340.00
26 8120023 Barricade, Type III, High Intensity, Lighted, Oper Ea 4 $ 1.00 $ 4.00 $ 1.00 $ 4.00 $ 5.00 $ 20.00
27 8120028 Plastic Drum with High Intensity Sheeting, Furnished ea 20 $ 20.00 $ 400.00 $ 17.00 $ 340.00 $ 17.00 $ 340.00
28 8120029 Plastic Drum with High Intensity Sheeting, Operated ea 20 $ 1.00 $ 20.00 $ 1.00 $ 20.00 $ 1.00 $ 20.00
29 8120170 Minor Traf Devices LSUM 1 $ 5,000.00 $ 5,000.00 $ 1,400.00 $ 1,400.00 $ 8,725.00 $ 8,725.00
30 8120350 Sign, Type B, Temp, Prismatic, Furn Sft 116 $ 5.50 $ 638.00 $ 4.00 $ 464.00 $ 4.00 $ 464.00
31 8120351 Sign, Type B, Temp, Prismatic, Oper Sft 116 $ 1.00 $ 116.00 $ 4.00 $ 464.00 $ 1.00 $ 116.00
32 8207051 Above Ground Video Survey LSUM 1 $ 2,000.00 $ 2,000.00 $ 800.00 $ 800.00 $ 1,000.00 $ 1,000.00
PAGE 2 TOTAL $ 31,143.00 $ 26,431.60 $ 34,057.00
H 92046 ALLEY TOTAL: $ 105,290.95 $ 163,616.60 $ 231,852.00
Bid Tabulation 5 of 5
NOTE:
THE IMPROVEMENTS COVERED BY THESE PLANS SHALL BE DONE IN
ACCORDANCE WITH THE MICHIGAN DEPARTMENT OF
TRANSPORTATION 2012 STANDARD SPECIFICATIONS FOR
CONSTRUCTION, CITY OF MUSKEGON STANDARD SPECIFICATIONS AND
THE 2011 MICHIGAN MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES.
CITY OF MUSKEGON UTILITIES
H 92037 MONROE; THIRD ST TO FOURTH ST
THESE IMPROVEMENTS HAVE BEEN DESIGNED IN ACCORDANCE WITH
THE 2011 AASHTO GUIDELINES. ELECTRIC
JOEL BROWN
CONSUMERS ENERGY
700 E STERNBERG ROAD
H 92046 ALLEY IMPROVEMENTS
NORTON SHORES, MI 49441
(231) 557-8762 (CELL)
TELEPHONE
DAVID B. FLERMOEN
FRONTIER COMMUNICATIONS
STANDARD PLANS
PLAN AND PROFILE OF PROPOSED IMPROVEMENTS 860 TERRACE STREET
MUSKEGON MI 49440
(231) 727-1319
* R-1-G DRAINAGE STRUCTURES
NATURAL GAS
* R-7-F COVER B VINCENT DUCA
R-9-D COVER D DTE ENERGY
2359 OLTHOFF DRIVE
R-15-F COVER K MUSKEGON MI 49444
* R-28-J SIDEWALK RAMP AND DETECTABLE WARNING DETAILS (231) 578-0488 (CELL)
R-29-I DRIVEWAY OPENINGS & APPROACHES AND CONCRETE SIDEWALKS CABLE
R-30-G CONCRETE CURB AND CONCRETE CURB & GUTTER COMCAST
TBA
R-83-B UTILITY TRENCHES
R-96-E SOIL EROSION & CONTROL MEASURES WATER & SEWER
DAVE BAKER
* INDICATES SPECIAL DETAIL INCLUDED IN PROPOSAL/PLANS CITY OF MUSKEGON - DPW
1350 E KEATING AVENUE
MUSKEGON MI 49442
(231) 724-4100
SHEET INDEX
SHEET DESCRIPTION
1. TITLE SHEET
2. CROSS SECTION & DETAILS
3.
4.
MONROE EXISTING / DEMO PLAN
MONROE PROPOSED WATER MAIN AND ROAD IMPROVEMENTS
H 92046
5. MONROE TRAFFIC CONTROL
6. ALLEY IMPROVEMENTS, THIRD TO FOURTH
Know what's below.
GENERAL NOTES: Call before you dig.
1. EXISTING CONDITIONS INCLUDING ELEVATIONS ARE SUBJECT TO CHANGE DUE TO CONSTRUCTION
OUTSIDE THE CONTROL OF THE CITY OF MUSKEGON. CONTRACTOR IS TO VERIFY EXISTING
CONDITIONS OF THE SITE, MATCH ALL EXISTING MEETS AND COORDINATE WORK ACTIVES WITH
NEIGHBORING CONTRACTORS.
Construction includes 800 feet of pavement removal and replacement,
2. UPON REQUEST AND APPROVAL, THE CONTRACTOR MAY OBTAIN A WATER SUPPLY FROM THE CITY
OF MUSKEGON FIRE HYDRANTS AT NO COST, PROVIDED THAT THEY FOLLOW THE CONDITIONS OF
POE STA 5+19 400 feet of water main replacement, 400 feet of storm sewer
THE CITY WATER DEPARTMENT.
replacement, concrete curb and gutter replacement and various
3. WHENEVER SMALL CASTINGS (STOP BOXES & METER PITS) THAT ARE ENCOUNTERED WITHIN THE other concrete items in the City of Muskegon, Muskegon County.
WORK AREA, THEY SHALL BE ADJUSTED AT NO COST TO THE CITY. PAYMENT FOR ADJUSTING
THESE CASTINGS SHALL BE INCLUDED IN THE PAYMENT FOR NEW WATER SERVICES PAY ITEMS.
4. FOR PROTECTION OF UNDERGROUND UTILITIES, THE CONTRACTOR SHALL CALL MISS DIG,
1-800-482-7171, A MINIMUM OF 3 WORKING DAYS EXCLUDING SATURDAYS, SUNDAYS, AND HOLIDAYS
H 92037
PRIOR TO EXCAVATING IN THE VICINITY OF ALL UTILITY LINES. ALL MISS DIG PARTICIPATING
MEMBERS WILL THUS BE NOTIFIED, THIS DOES NOT RELIEVE THE CONTRACTOR THE
RESPONSIBILITY OF NOTIFYING OWNERS WHO MAY NOT BE PART OF THE MISS DIG ALERT SYSTEM.
PREPARED UNDER THE SUPERVISION OF:
5. PUBLIC UTILITIES OF ALL TYPES HAVE BEEN SHOWN ON THE PLAN USING AVAILABLE
INFORMATION, BUT ARE NOT GUARANTEED AS ACCURATE OR THAT UTILITIES OTHER THAN THOSE
SHOWN ARE NOT PRESENT.
6. THE CONTRACTOR SHALL SAW CUT ALL MEETS RELATIVE TO SIDEWALK OR PAVEMENT
CONSTRUCTION UNLESS WAIVED BY THE ENGINEER. PAYMENT FOR SAW CUTTING SHALL BE
INCLUDED IN THE PAYMENT FOR THE PAY ITEMS PAVT, REM, MODIFIED, CURB AND GUTTER, REM,
HMA CRUSH AND SHAPE, HMA SURFACE, REM AND SIDEWALK, REM. NO ADDITIONAL PAYMENT WILL
ALLOWED FOR SAW CUTTING.
7. THE CONTRACTOR SHALL PREVENT EROSION AND CONTROL SEDIMENTATION ASSOCIATED WITH
THE PROJECT. KEEP SEDIMENTATION WITHIN THE RIGHT OF WAY (OR CONSTRUCTION LIMITS) AND
LEO EVANS, P.E.
OUT OF SURFACE WATERS. CONSTRUCT AND MAINTAIN TEMPORARY EROSION AND SEDIMENTATION
CONTROLS, TO INCLUDE INLET PROTECTION, FABRIC DROPS ON ALL INLET STRUCTURES, NEW AND POB STA 1+01 CITY ENGINEER CITY OF MUSKEGON
EXISTING, AND INSTALL TEMPORARY EROSION, SEDIMENTATION CONTROLS AS DIRECTED BY THE
ENGINEER. THE CONTRACTOR SHALL REMOVE ON A DAILY BASIS SOIL TRACKED ONTO EXISTING
ENGINEERING DEPARTMENT
PAVED ROADS, (VACUUM METHODS ARE PREFERRED BUT BROOM SWEEPING IS ACCEPTABLE IF THE 1350 E KEATING AVE
MATERIAL IS REMOVED) THE CONTRACTOR SHALL INSPECT ALL SOIL EROSION / SEDIMENTATION 55599 MUSKEGON MI 49442
CONTROL MEASURES ON A WEEKLY BASIS OR AFTER EACH RAINFALL EVENT, CLEAN REPAIR, OR REGISTRATION NUMBER
REPLACE, AS NECESSARY, TO ENSURE PROPER FUNCTION. ALL SOIL EROSION / SEDIMENTATION
CONTROLS SHALL REMAIN UNTIL ALL DISTURBED AREAS ARE STABILIZED. ALL SOIL EROSION /
SEDIMENTATION CONTROL, EXCEPT FOR THE EROSION CONTROL, INLET PROTECTION, FABRIC DROP CITY OF MUSKEGON Monroe from 3rd to 4th
AND SILT FENCE SHALL BE INCLUDED WITH THE PAY ITEM PROJECT CLEAN UP. NO OTHER
PAYMENT SHALL BE MADE. OFFICE OF THE CITY ENGINEER
DRAWN K Parker 10/2020 REVISION SURVEY FP/KP 9/2020 PROJECT NO
CHECKED REVISION AS-BUILT H 92037
APPROVED REVISION SCALE SHEET NO. 01 of 5
DETAIL SHEET
PIPE RESTRAINT SCHEDULE
LENGTH OF RESTRAINT REQUIRED * (FEET)
FLANGE MUST BE FLUSH WITH FINISH GRADE
EAST JORDAN IRON WORKS HYDRANT 5BR250 OR EQUAL
TYPE A LOGO MANHOLE COVER
NO SCALE COVER SECTION
ONE 5" STORZ PUMPER CONNECTION
1 1/2" LETTERS
TWO 2.5" HOSE CONNECTIONS THREADED WITH
(RECESSED FLUSH)
CITY OF MUSKEGON STANDARD (BIG SIX) K E
S G
O
6" GATE VALVE & BOX AWWA C-500 U
RIGHT HAND OPEN 1 1/2"
M
N
CLAMP EXISTING LEAD JOINTS TYPICAL
PLACE 8" THICK PNC CONCRETE AROUND THE
Y
W
ADJUSTED CASTING STRUCK OFF 2" BELOW CLAMP
I T
E
THE TOP OF THE HMA LEVELING COURSE. (2) CLOSED
S
C
T
AFTER 24 HRS OF CURE TIME AND BEFORE PICKHOLES
E
M
HMA TOP COURSE IS PLACED, PLACE 2" OF
N
NO SCALE
I
I
C
COMPACTED HMA OVER THE CONCRETE BASE, H
L
E
I CUSTOM LOGO
FLUSH WITH THE TOP OF THE HMA LEVELING 6" DUCTILE IRON WATERMAIN G
A
N ' S S H
O
R
water
COURSE. THIS WORK IS INCLUDED IN THE PAY
3/4" LETTERS
ITEM "WATER VALVE BOX AND COVER, EXISTING VALVE AND EXISTING CAST (RECESSED FLUSH)
COMPLETE" & "VALVE, _ INCH, GATE, WITH IRON WATERMAIN TO BE RESTRAINED
BOX". WITH CLAMPS AND TIE RODS BEFORE
SAW CUT EDGES CUTTING PIPE FOR CAP. TIE RODS AND
PLACE 2 INCHES OF HMA OVER 8 INCH CONCRETE
CLAMPS INCLUDED IN COST FOR "CUT 1 1/2"
BASE FLUSH WITH HMA LEVELING COURSE
AND CAP, __ INCH".
2" HMA TOP COURSE
2" HMA LEVELING COURSE
DUCTILE IRON MECHANICAL JOINT
PROP 6" AGGREGATE BASE CAP WITH RETAINING GLANDS BASIS OF DESIGN FOR ABOVE TABLE:
8" THICK PNC CONCRETE, STRIKE OFF 2"
BELOW TOP OF HMA LEVELING COURSE.
WRAP FILTER CLOTH AROUND HYDRANT
PLACE BONNET ON 4 EQUALLY WEEP HOLES
SPACED CONC BRICKS 1
2 CU. YD. PEA STONE INCLUDED IN COST OF NEW HYDRANT
MECHANICAL JOINTS WITH RETAINING GLANDS
PROPOSED DI MJ TEE AND WATERMAIN
SIZE AS SHOWN ON CONSTRUCTION PLANS.
PAY ITEM: WATER SERVICE, PRIVATE PROPERTY
ALL WORK BEYOND
THIS POINT INCLUDED
HMA APPLICATION
IN PAY ITEM "WATER
PIPE PERFORMANCE
SERVICE, BUILDING HMA MIX RATE
HORIZONTAL MEASUREMENT USED CONNECTION" GRADE NOTE:
PIPE
MONROE STREET: ADJUSTMENT OF MANHOLES SPECIAL DETAIL
USED
WILL BE INCLUDED IN THE COST OF THE NEW
FOUNDATION WALL HMA, 4E3 (TOP COURSE) 220# / SYD 64-28 2 INCH-1 LIFT MANHOLE. ADJUSTMENT OF THE NEW MANHOLES
HMA, 4E3 (LEVELING COURSE) 220# / SYD 58-22 2 INCH-1 LIFT WILL BE DONE IN ACCORDANCE WITH DRAINAGE
STRUCTURE COVER, ADJUST DETAIL.
HAND PATCHING (HMA, 4E3) 440# / SYD 64-28 4 INCH-2 LIFTS
CURB STOP BOX
MIN.
MIN.
5.5'
5.5'
NO SCALE MUELLER #10302 ALLEY IMPROVEMENTS:
45° OR APPROVED EQUAL
HMA, 4E3 (TOP COURSE) 220# / SYD 64-28 2 INCH-1 LIFT 4' MIN DRAINAGE STRUCTURE COVER
HMA, 4E3 (LEVELING COURSE) 220# / SYD 58-22 2 INCH-LIFT EAST JORDAN #1040 OR EQUAL
WATER SERVICE - 1 INCH TYPE "K" COPPER TYPICAL
*HMA BOND COAT, SS-1H, AT 0.05 GAL/SY, SHALL BE PLACED BETWEEN EACH LIFT. THE COST IS
INCLUDED WITH THE HMA, 4E3 PAY ITEM.
CORPORATION STOP 1 INCH CURB STOP 1 INCH
⅊ ⅊ PLACE 8" THICK PNC CONCRETE AROUND THE ADJUSTED
CASTING STRUCK OFF 2" BELOW THE TOP OF THE HMA
MUELLER #P25008 MUELLER #P25155 LEVELING COURSE. AFTER 24 HRS OF CURE TIME AND
OR APPROVED EQUAL OR APPROVED EQUAL SEE WATER METER BEFORE HMA TOP COURSE IS PLACED, PLACE 2" OF
WATERMAIN PIT DETAIL 4' MIN COMPACTED HMA OVER THE CONCRETE BASE FLUSH WITH
THE HMA LEVELING COURSE. THIS WORK IS INCLUDED IN
THE PAYMENT FOR THE PAY ITEM "DRAINAGE STRUCTURE
COVER, ADJUST, CASE 1, MODIFIED".
63.0
30.0' PLACE 2 INCHES OF HMA, OVER
8 INCH CONCRETE BASE FLUSH SAW CUT ALL EDGES
11.5' WITH HMA LEVELING COURSE
5.0' 15.0'
2" HMA TOP COURSE
2" HMA LEVELING COURSE
24" PROP 6" AGGREGATE BASE
8" THICK PNC SACK CONCRETE, STRIKE
OFF 2 INCHES BELOW HMA LEVELING COURSE.
6" MIN
WHERE CALLED FOR ON PLANS "DRAINAGE
STRUCTURE, ADDITIONAL DEPTH, ADJUST,
MODIFIED" IS EQUAL TO OR EXCEEDS 2' THE
18" CONTRACTOR WILL USE PRECAST
NOTE: 48" TYP. ECCENTRIC CONE SECTIONS CONFORMING
MACHINE GRADING, MODIFIED; STA 1+00 TO 5+19: TO ASTM C-478.
63.0' THERE WILL BE APPROXIMATELY 129 CYD. CIP LINE UP STEPS
30.0' EXCAVATION, OF WHICH 8 CYD WILL BE USED AS
EMBANKMENT. THE REMAINING 121 CYD LM WILL BE
REMOVED FROM THE JOB SITE AND BECOME PROPERTY OF
11.5' THE CONTRACTOR. PAYMENT FOR REMOVING THE EXISTING PRECAST CONC
EXCAVATION, PLACING EMBANKMENT, COMPACTING OR BRICK STRUCTURE
5.0' SUBGRADE, SHAPING SUBGRADE TO PROPOSED CROSS
SECTION AND REMOVING EXCESS MATERIAL WILL BE
INCLUDED IN THE PAYMENT FOR MACHINE GRADING,
MODIFIED PAY ITEM.
CITY OF MUSKEGON Monroe from 3rd to 4th
OFFICE OF THE CITY ENGINEER
DRAWN K Parker 10/2020 REVISION SURVEY FP/KP 9/2020 PROJECT NO
CHECKED REVISION AS-BUILT H 92037
APPROVED REVISION SCALE NTS SHEET NO. 02 of 5
EXISTING CONDITIONS AND DEMO PLAN
PIN: 367-0011-00
WV
MUSKEGON, MI 49441
Address: 1188 4th St
MP
MUSKEGON, MI 49441
MUSKEGON, MI 49441
3" GAS MAIN
Address: 244 Monroe
Address: 250 Monroe
MH
Owned By:
STA 3+99 to 4+19 & 4+28 to 4+52
Owned By:
PIN:
44 SYD, SIDEWALK, REM
Owned By:
A
PIN:
MP
PIN:
4th Street
REMOVE SERVICE AND Owned By: IIS PROPERTIES LLC
3rd Street
PIT FOR 254 MONROE MUSKEGON, MI 49441
Address: 1147 THIRD ST
3" ELEC. CONDUIT
PIN: 367-0011-10
STA 1+87 to 2+20
hydrant
3.5 SYD, SIDEWALK, REM 21 SYD, SIDEWALK, REM
616.36
bolt
40 SYD, SIDEWALK, REM
M
H
HYD
CS
CS
CS
CS
CS
CS
CS
dg
hydrant
N
616.76
uy
bolt
HYD
MP
dg
COM. HANDHOLE
uy
WV
0 20 40
WV
10
WV
WV
Feet
CB
WV
CB
1:20
MONROE AVE 4+50 5+00 5+45
MH
3+50 4+00
2+00 2+50 3+00
1+00 1+50
MH
WV
CB
CB
MH
MP
CS
CS
CS
CS
CS
LP
MUSKEGON, MI 49441
CS
Address: 1157 3RD ST
STA 1+01 to 5+19
MP
1267 SYD, PAVT, REM MODIFIED
Owned By:
MUSKEGON, MI 49441
MUSKEGON, MI 49441
Address: 249 Monroe
Address: 247 Monroe
3.5 SYD, SIDEWALK, REM 21 SYD, SIDEWALK, REM
PIN:
MUSKEGON, MI 49441
MUSKEGON, MI 49441
MUSKEGON, MI 49441
Address: 235 MONROE
MUSKEGON, MI 49441
3" GAS MAIN
Address: 253 Monroe
Address: 239 Monroe
Address: 237 Monroe
MUSKEGON, MI 49441
Owned By:
Owned By:
MUSKEGON, MI 49441
Address: 1204 4TH ST
Address: 243 Monroe
MUSKEGON, MI 49441
Address: 257 Monroe
PIN:
PIN:
3.5 SYD, SIDEWALK, REM
Owned By:
Owned By:
Owned By:
Owned By:
Owned By:
Owned By:
Owned By:
PIN:
PIN:
PIN:
PIN:
PIN:
PIN:
LP
PIN:
HH
4+00 to 4+55
STA 1+16 AND 1+18 3.5 SYD, SIDEWALK, REM 100 SYD, SIDEWALK, REM
STA 4+87 AND 4+99
2 EA EROSION CONTROL, INLET PROTECTION, FABRIC DROP
2 EA EROSION CONTROL, INLET PROTECTION, FABRIC DROP
REMOVE PIT
E
AV
E
LEGEND
RO
BENCHMARKS:
1 MAG NAIL, 1ST ST. DEAD END
618 618
pavt, rem modified 616.57
2 3RD/MONROE HYDRANT BOLT
617 617
ON
UNDER "A" IN U.S.A.
618.51
616
sidewalk, rem
616
3 4TH/MONROE HYDRANT BOLT
UNDER "A" IN U.S.A.
M
617.62
615 615
614 614
EX. 8" to 6"
REDUCER WATERMAIN 6" EX. WATERMAIN
613 613
8" EX. WATERMAIN 8" EX. WATERMAIN
612 612
EX. 8" to 6" REDUCER WATERMAIN
QUANTITIES THIS SHEET
611 611 DESCRIPTION QUANTITY UNIT
PAVT, REM MODIFIED 1267 SYD
610 610 SIDEWALK, REM 184 SYD
609 609
608 608
MACHINE GRADING, MODIFIED 4.2 STA
EROSION CONTROL, INLET PROTECTION, FABRIC DROP 4 EA
607 607
606 606
605 605
PLAN AND PROFILE
616.53
616.18
616.37
616.62
616.44
616.54
616.70
616.72
616.09
616.43
STREET AND UTILITY IMPROVEMENTS
CITY OF MUSKEGON Monroe from 3rd to 4th
OFFICE OF THE CITY ENGINEER
EXISTING C.L.
DRAWN K Parker 10/2020 REVISION SURVEY FP/KP 9/2020 PROJECT NO
CHECKED REVISION AS-BUILT H 92037
APPROVED REVISION SCALE 1" : 20' SHEET NO. 03 of 5
STA 1+04 TO 1+15
11 FT WATERMAIN, DI, 8 INCH, TR DET, G STA 1+15 TO 5+08
PROPOSED WATER MAIN AND ROAD IMPROVEMENTS
393 FT WATERMAIN, DI, 8 INCH, TR DET, G STA 5+08 TO 5+19
2 EA BEND, 8 INCH, 45 DEGREE, DI MJ 2 FT WATERMAIN, DI, 8 INCH, TR DET, G
1 EA CUT AND CAP, 6 INCH 952 SFT SIDEWALK, CONC. 4 INCH
2 EA BEND, 8 INCH, 45 DEGREE, DI MJ
1 EA SLEEVE, 8 INCH, LONG, DI MJ 1 EA CUT AND CAP, 6 INCH
STA 3+95 to 4+21 1 EA SLEEVE, 8 INCH, LONG, DI MJ
32 SYD DRIVEWAY, NON REINF, 8 INCH STA 1+01 TO 5+19 27 SYD DRIVEWAY, NON REINF, 8 INCH
696 FT CURB AND GUTTER, CONC DET F4 PIN: 367-0011-00
WV
MUSKEGON, MI 49441
Address: 1188 4th St
MP
MUSKEGON, MI 49441
MUSKEGON, MI 49441
3" GAS MAIN
Address: 244 Monroe
Address: 250 Monroe
MH
Owned By:
N
Owned By:
PIN:
Owned By:
A
PIN:
MP
PIN:
4th Street
Owned By: IIS PROPERTIES LLC
3rd Street
MUSKEGON, MI 49441 0 10
20 40
Address: 1147 THIRD ST
3" ELEC. CONDUIT
PIN: 367-0011-10 Feet
hydrant
1:20
616.36
bolt
LEGEND BENCHMARKS:
HYD
1 MAG NAIL, 1ST ST. DEAD END
CS
CS
CS
CS
CS
CS
CS
616.57
HMA, 4E3
hydrant
616.76
dg
bolt
uy
2 3RD/MONROE HYDRANT BOLT
HYD
UNDER "A" IN U.S.A.
MP
dg
COM. HANDHOLE
WV WV
uy
WV
DRIVEWAY, NONREINF, 8 INCH 618.51
WV
WV
WV
3 4TH/MONROE HYDRANT BOLT
WV
CB
WV
CB
UNDER "A" IN U.S.A.
MONROE AVE 4+50 5+00 5+45 SIDEWALK, CONC, 4 INCH 617.62
MH
3+50 4+00
2+00 2+50 3+00
1+00 1+50
MH
WV
SIDEWALK, CONC, 6 INCH
CB
CB
HYDROSEEDING
MH
MP
CS
CS
CS
CS
CS
CS
LP
1 INCH WATER SERVICE SCHEDULE
MUSKEGON, MI 49441
CS
Address: 1157 3RD ST
CS
1 INCH COPPER 1 INCH CURB PRIVATE BUILDING
LOCATION ADDRESS 1 INCH CORP.
Owned By:
(FT) STOP PROPERTY (FT) CONN.
MUSKEGON, MI 49441
MUSKEGON, MI 49441
STA 4+00 to 4+33
Address: 249 Monroe
Address: 247 Monroe
607 SFT SIDEWALK, CONC. 4 INCH
39 SYD DRIVEWAY, NON REINF, 8 INCH
PIN:
1+20 1204 4TH STREET 1 38 1 45 1
MUSKEGON, MI 49441
MUSKEGON, MI 49441
MUSKEGON, MI 49441
Address: 235 MONROE
MUSKEGON, MI 49441
3" GAS MAIN
Address: 253 Monroe
Address: 239 Monroe
Address: 237 Monroe
MUSKEGON, MI 49441
Owned By:
Owned By:
MUSKEGON, MI 49441
Address: 1204 4TH ST
Address: 243 Monroe
1+69 1188 4TH STREET 1 30 1 18 1
MUSKEGON, MI 49441
Address: 257 Monroe
PIN:
PIN:
STA 1+01 TO 5+13 2+10 257 MONROE 1 41 1 20 1
STA 4+33 to 4+55
Owned By:
1127 SYD, AGGREGATE BASE, 8 INCH
Owned By:
Owned By:
Owned By:
Owned By:
Owned By:
253 MONROE, LOT
Owned By:
142 TON, HMA, 4E3, LEVELING 29 SYD TOPSOIL SURFACE, FURN, 4 INCH 2+40 1 38 1 0 0
PIN:
PIN:
PIN:
PIN:
PIN:
29 SYD HYDROSEEDING
PIN:
142 TON, HMA, 4E3, TOP
LP
PIN:
HH
2+54 250 MONROE 1 30 0 0* 0
2+77 250 MONROE 1 30 0 0* 0
2+85 250 MONROE 1 30 0 0* 0
2+90 249, 247 MONROE 1 40 1 40 2
3+12 250 MONROE 1 30 0 0* 0
3+68 3+19 243 MONROE 1 40 0 0* 0
PROP. CENTER LINE PROP HP 617.21
MATCH EXISTING CL 3+20 250 MONROE 1 30 0 0* 0
EXISTING CENTER LINE PROP. AGGREGATE GRADE 5+19
PROP. SUBGRADE 4+55 to 5+19 3+42 250 MONROE 1 30 0 0* 0
1+01
618 618 3+45 239 MONROE 1 40 0 0* 0
STA 1+17 STA 4+64 3+49 237 MONROE 1 40 0 0* 0
615.96 LOWPOINT 616.73
617 617 3+76 235 MONROE 1 40 0 0* 0
TOTAL 15 527 FT 4 123 FT 5
616 STA 1+17 TO 3+68 STA 3+68 TO 4+64 616
PROP SLOPE .5% PROP SLOPE .4% * = NEW CONST.
NEW 1" SERVICE
615 615
QUANTITIES THIS SHEET
614 614
DESCRIPTION QUANTITY UNIT
EX. 8" to 6"
REDUCER WATERMAIN HOLD 5.5" MIN. 6" EX. WATERMAIN AGGREGATE BASE, 8 INCH 1127 SYD
613 613
MAINTENANCE GRAVEL, LM 5 CYD
8" EX. WATERMAIN 8" EX. WATERMAIN HMA, 4E3, LEVELING 142 TON
612 612
HMA, 4E3, TOP 142 TON
EX. 8" to 6" REDUCER WATERMAIN
HOLD 1.5" MIN.
HOLD 1.5" MIN. HAND PATCHING 2 TON
611 611
DRIVEWAY, NONREINF. 8 INCH 98 SYD
CURB AND GUTTER, CONC DET F4 696 FT
610 610
SIDEWALK, CONC. 4 INCH 434 SFT
SIDEWALK, CONC, 6 INCH 296 SFT
609 609
5+13 TOPSOIL SURFACE, FURN, 4 INCH 854 SYD
8" PROP. WATERMAIN TIE IN HYDROSEEDING 854 SYD
608 608
1+03 CORPORATION STOP, 1 INCH 15 EA
8" PROP. WATERMAIN TIE IN 8" PROP. WATERMAIN
CURB STOP AND BOX, 1 INCH 15 EA
607 607
WATER SERVICE, 1 INCH, COPPER TYPE K 527 FT
WATER SERVICE, PRIVATE PROPERTY, 1 INCH 123 FT
606 606
WATER SERVICE, BUILDING CONNECTION, 1 INCH 5 EA
WATERMAIN, DI, 8 INCH, TR DET G, MODIFIED 406 FT
605 605
BEND, 8 INCH, 45 DEGREE, DI MJ 4 EA
LP 615.96
LP 615.96
EXISTING
HP 616.73
CUT AND CAP, 6 INCH 2 EA
616.53
616.87
616.18
616.12
SLEEVE, 8 INCH, LONG, DI MJ
616.37
616.37
616.62
617.12
616.54
616.44
616.54
616.62
616.70
616.29
616.09
616.72
616.75
616.09
616.43
616.43
2 EA
PLAN AND PROFILE
EXISTING C.L. PROPOSED C.L.
STREET AND UTILITY IMPROVEMENTS
CITY OF MUSKEGON Monroe from 3rd to 4th
OFFICE OF THE CITY ENGINEER
DRAWN K Parker 10/2020 REVISION SURVEY FP/KP 9/2020 PROJECT NO
CHECKED REVISION AS-BUILT H 92037
APPROVED REVISION SCALE 1" : 20" SHEET NO. 04 of 5
TRAFFIC CONTROL DETAIL
MUSKEGON, MI 49441
MUSKEGON, MI 49441
Address: 244 Monroe
Address: 250 Monroe
Owned By: ALLIANCE PREFERRED PROPERTIES LLC
Owned By:
Owned By:
PIN:
PIN:
4th Street
Owned By: IIS PROPERTIES LLC
3rd Street
MUSKEGON, MI 49441
Address: 1144 THIRD ST
Address: 1147 THIRD ST
MUSKEGON, MI 49441
N
PIN: 367-0011-10
hydrant
616.36
PIN: 365-0001-00
bolt
hydrant
616.76
bolt
MONROE AVE
mag nail
616.57
MUSKEGON, MI 49441
Address: 1157 3RD ST
2 EA BARRICADE, TYPE III, LIGHTED
Owned By:
MUSKEGON, MI 49441
MUSKEGON, MI 49441
1 EA RII-2
Address: 249 Monroe
Address: 247 Monroe
15 EA PLASTIC DRUM 5 EA PLASTIC DRUM
PIN:
MUSKEGON, MI 49441
MUSKEGON, MI 49441
MUSKEGON, MI 49441
Address: 235 MONROE
MUSKEGON, MI 49441
Address: 253 Monroe
Address: 239 Monroe
Address: 237 Monroe
Owned By:
Owned By:
MUSKEGON, MI 49441
MUSKEGON, MI 49441
Address: 1204 4TH ST
Address: 243 Monroe
MUSKEGON, MI 49441
2 EA BARRICADE, TYPE III, LIGHTED E) W.
Address: 257 Monroe
PIN:
PIN:
1 EA RII-2
V
A .O.
Owned By:
Owned By:
Owned By:
5 EA PLASTIC DRUM
Owned By:
Owned By:
Owned By:
E
O DR
Owned By:
PIN:
PIN:
PIN:
PIN:
R
PIN:
PIN:
N TE
PIN:
O
(M ACA
V
QUANTITIES THIS SHEET
SIGN DESCRIPTION QUANTITY AREA TOTAL AREA
W21-4 ROAD WORK AHEAD 5 16 SFT 80 SFT
SPECIAL SIGNS W20-3 ROAD CLOSED AHEAD 3 16 SFT 48 SFT
SS-1 R11-2 ROAD CLOSED 2 10 SFT 20 SFT
48" 148 SFT
MONROE AVE 6"
12"
SIGN, TYPE B, TEMPORARY, SPECIAL
SIGN DESCRIPTION QUANTITY AREA (SFT) TOTAL AREA (SFT)
SS-1 MONROE AVE. 2 4 8
1 EA W21-4
2 EA BARRICADE, TYPE III, LIGHTED
1 EA W20-3 1 EA RII-2
5 EA PLASTIC DRUM QUANTITIES THIS SHEET
1 EA SS-1
DESCRIPTION QUANTITY UNIT
MAINTENANCE GRAVEL, LM 2 CYD
1 EA W21-4
TRAFFIC CONTROL NOTES: MINOR TRAFFIC CONTROL DEVICES 1 LS
1. THE CONTRACTOR SHALL CLOSE MONROE AVE COMPLETELY, BARRICADE, TYPE III, HIGH INTENSITY, LIGHTED, FURN 4 EA
ACCORDING TO THIS TRAFFIC CONTROL PLAN. BARRICADE, TYPE III, HIGH INTENSITY, LIGHTED, OPER 4 EA
2. THE CONTRACTOR SHALL MAINTAIN ACCESS TO BUSINESSES, PLASTIC DRUM, HIGH INTENSITY, FURN 25 EA
CONSTRUCTION AREA RESIDENCES, AND CROSS STREETS WITH MAINTENANCE GRAVEL AS PLASTIC DRUM, HIGH INTENSITY, OPER 25 EA
DIRECTED BY THE ENGINEER. CONTRACTOR MAY USE AGGREGATE OR SIGN, TYPE B, TEMP, PRISMATIC, FURN 148 SFT
1 EA W20-3
1 EA SS-1 HMA MILLINGS. AGGREGATE OR HMA MILLINGS USED TO MAINTAIN SIGN, TYPE B, TEMP, PRISMATIC, OPER 148 SFT
TRAFFIC WILL BE PAID AT THE BID PROPOSAL UNIT PRICE FOR SIGN, TYPE B, TEMP, PRISMATIC, SPECIAL, FURN 8 SFT
2 EA BARRICADE, TYPE III, LIGHTED
1 EA RII-2 MAINTENANCE GRAVEL. SIGN, TYPE B, TEMP, PRISMATIC, SPECIAL, OPER 8 SFT
5 EA PLASTIC DRUM
TRAFFIC REGULATOR CONTROL 1 LS
1 EA W21-4
1 EA W20-3
1 EA W21-4
1 EA W21-4
CITY OF MUSKEGON Monroe from 3rd to 4th
OFFICE OF THE CITY ENGINEER
DRAWN K Parker 10/2020 REVISION SURVEY FP/KP 9/2020 PROJECT NO
CHECKED REVISION AS-BUILT H 92037
APPROVED REVISION SCALE - SHEET NO. 05 of 5
TYPICAL PROPOSED CROSS SECTION TYPICAL EXISTING CROSS SECTION ESTIMATED QUANTITIES
SIGN, TYPE B, TEMPORARY
STATION 0+31 TO 4+30 STATION 0+31 TO 4+30 QUANTITY AREA (SFT)
SIGN DESCRIPTION TOTAL AREA (SFT)
20' ROW (ALLEY) RII-2 ROAD CLOSED 2 16 32
20' ROW (ALLEY)
W21-4 ROAD WORK AHEAD 4 16 64
10' R9-9 SIDEWALK CLOSED 4 2 8
10'
R9-10 SIDEWALK CLOSED, USE OTHER S 4 3 12
TOTAL: 116
EXISTING BUILDING
EXISTING BUILDING
TYP. 2% SLOPE TYP. 2% SLOPE ES
TYP. SLOPE VARI
MATCH EXISTING GRADE MATCH EXISTING GRADE
MATCH EXISTING GRADE
PROP 2" HMA, 4E3 TOP COURSE
PROP 2" HMA, 4E3 LEVELING COURSE PROP AGGREGATE BASE, 8 INCH EX. CONCRETE - VARIES
MACHINE GRADING, MODIFIED LIMITS
NOTES:
STA 3+97
STA 0+37 4+35 ADDITIONAL QUANTITIES THIS SHEET 1 EA DR STRUCTURE, REM
QUANTITIES THIS SHEET STA 0+19 TO 0+31 7 EA DR STRUCTURE, REM 1 EA DR STRUCTURE, 48 INCH DIA
35 FT CURB AND GUTTER, DET F4 STA 0+31 TO 4+30
5 EA DR STRUCTURE, 48 INCH DIA 195 TON HMA, 4E3 7 FT DR STRUCTURE, ADD DEPTH OF 48 INCH DIA, 8 FOOT TO 15 FOOT
DESCRIPTION QUANTITY UNIT 10 SYD DRIVEWAY, NONREINF CONC, 8 INCH 400 FT SEWER, REM, LESS THAN 24 INCH 15 FT SEWER, PVC SDR 35, 10 INCH, TR DET B
100 SFT SIDEWALK, CONC, 7 INCH 890 SYD AGGREGATE BASE, 8 INCH
400 FT SEWER, PVC SDR 35, 12 INCH, TR DET B 4 STA MACHINE GRADING, MODIFIED 1 EA DR STRUCTURE COVER, TYPE B
MACHINE GRADING, MODIFIED 4 STA 55 SFT SIDEWALK, CONC, 4 INCH 8 EA SEWER, WYE, 12 x 6
THIRD STREET
1 LSUM ABOVE GROUND VIDEO SURVEY
FORTH STREET
PAVT, REM, MODIFIED 2 TON HMA HAND PATCH 40 FT SEWER, LATERAL 6 INCH, MODIFIED
1000 SYD
STA 0+19 TO 4+46 2 EA DR STRUCTURE COVER, TYPE B (SOLID) SAN MH# 14
DR STRUCTURE, REM 8 EA 1,000 SYD PAVT, REM, MODIFIED SAN MH# 11
3 EA DR STRUCTURE COVER, TYPE D (CB) SAN MH# 10
Date:
AGGREGATE BASE, 8 INCH 890 SYD STM MH# 15
SEWER, REM, LESS THAN 24 INCH 400 FT CB# 05 CB# 08
12" STORM
12" VCP SANITARY
GAS
CB# 03
SEWER, WYE, 12X6 8 EA CB# 09
36" STORM
GAS
STM MH# 07
SEWER LATERAL, 6 INCH, MODIFIED 8 EA
ENTRANCE
ENTRANCE
ENTRANCE
ENTRANCE
ENTRANCE
ENTRANCE
ENTRANCE
SEWER, PVC SDR 35, 10 INCH, TR DET B 15 FT
GAS
SAW
MH
SEWER, PVC SDR 35, 12 INCH, TR DET B 400 FT
GAS
GAS
GTMH
MH
MH
MH
MH
SEWER BULKHEAD, 15 INCH 2 EA 8" VCP SANITARY
E
MH
B. E
GTMH
MH
4+65
GAS
4+00
GAS
2+00 3+00
.
0+00 1+00 12" VCP SANITARY 12" VCP SANITARY
GAS
E
DR STRUCTURE, 48 INCH DIA 6 EA 12" VCP SANITARY
MH
12" STORM
B.
B. E.
B. E.
B. E.
CB
B. E.
B. E.
MH
GAS
B. E.
Revisions:
E.
12" STORM 12" STORM
CB
MH
CB
12" STORM
CB
MMHH
12" VCP SANITARY
CB
MH
12" VCP SANITARY
MH
DR STRUCTURE, ADD DEPTH OF 48 INCH DIA, 8 FOOT TO 15 7 FT 12" STORM
MH
12" STORM
MH
GAS GAS GAS GAS GAS
MH
B. E. B. E. B. E. B. E. B. E. B. E. B. E. B. E. GAS GAS GAS GAS GAS B. E. B. E.
B. E. B. E. B. E. GAS
B. E. B. E.
GAS B. E. B. E. B. E.
DR STRUCTURE COVER, TYPE D B. E.GAS GAS B. E. B. E.
3 EA
GAS
MH
GAS GAS B. E. B. E. B. E. B. E.
S
GA
GAS
2.
3.
36" STORM
1.
B. E.
DR STRUCTURE COVER, TYPE B 3 EA
CB
12" VCP SANITARY
GAS
GV
DR STRUCTURE, ADJ, CASE 1 1 EA SAW S
SAN MH# 12
MH
MH
GA
STM MH# 04
HMA, 4E3, LEVELING 98 TON
CB# 06 GAS
CB
HMA, 4E3, TOP 98 TON
GAS
CB# 13
ELEC VAULT
HAND PATCHING 4 TON SAN MH #01
DRIVEWAY, NONREINF CONC. 8 INCH 22 SYD
STA 2+75 STA 4+30 TO 4+44
CURB AND GUTTER, CONCRETE, DET F4 75 FT 1 EA DR STRUCTURE, ADJ, CASE 1 40 FT CURB AND GUTTER, DET F4
Date: 02/2021
STM MH #02 (UNKNOWN STRUCTURE)
SIDEWALK, CONC. 4 INCH 155 SFT 12 SYD DRIVEWAY, NONREINF CONC, 8 INCH
Drawn:JB
Checked:
100 SFT SIDEWALK, CONC, 7 INCH
SIDEWALK, CONC. 7 INCH 200 SFT
ALLEY PLAN & PROFILE 100 SFT SIDEWALK, CONC, 4 INCH
Date:
ABOVE GROUND VIDEO SURVEY 1 LSUM 2 TON HMA HAND PATCH
NORTH OF CLAY & SOUTH OF WESTERN
MINOR TRAF DEVICES 1 LSUM
MATCH EX. BC
GRADE BREAK
BACK SIDEWALK
BARRICADE, TYPE III, HIGH INTENSITY, FURN 4 EA
STA 4+38.5
STA 4+42.5
GRADE BREAK
EL: 609.09
EL: 608.81
PEDESTRIAN TYPE II BARRICADE, TEMP 4 EA
STA 4+30.5
HIGH POINT
HIGH POINT
STA 3.56.8
LOW POINT
STA 0+31.2
STA 1+30.8
EL: 606.58
EL: 609.25
EL: 607.42
EL: 608.24
EL: 607.75
STA 1+93
PLASTIC DRUM, HIGH INTENSITY, FURN 20 EA
SIGN, TYPE B, TEMP, PRISMATIC, FURN 116 SFT
EROSION CONTROL, INLET PROTECTION, FABRIC DROP 4 EA
610 610
PROJECT CLEANUP 1 LSUM
7%
PROP 1.3
609 609
608 PROP -0.53% PROP 0.50% 608
PROP 1.2%
607 607
606 606
OFFICE OF THE CITY ENGINEERIMPROVEMENTS
605 605
H92046 ALLEY
604 604
Elevation
Elevation
M
EX. 12" STOR
603 603
602 602
601 601
AREA NOT SURVEYED
PROPOSED 12" STORM (PLUGGED)
CITY OF MUSKEGON
406 FT (STA 0+37 TO
600 4+43) AT 0.65% GRADE
600
599 599
ARY
EX. 12" SANIT
598 598
597 597
ARY
EX. 12" SANIT
596 596
EX. 10" SANITARY
595 595
-0+25 0+00 0+50 1+00 1+50 2+00 2+50 3+00 3+50 4+00 4+50 4+75
606.59
607.96
607.96
606.92
606.92
607.65
609.05
609.05
607.67
607.47
607.54
607.42
607.40
608.83
608.87
607.82
606.81
608.31
607.71
608.21
EXISTING C.L. EL. (TYP) PROP. C.L. EL. (TYP) 06
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 27, 2021 Title: Roberts Street – TEDF Application
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is requesting authorization to apply for State of Michigan FY2023 Transportation Economic
Development Category F Grant for a project to resurface Roberts Street from Sherman Blvd north to
Laketon Avenue.
Detailed Summary:
MDOT is requesting applications for FY2023 projects in the Transportation Economic Development
Category F program. Staff reviewed the program requirements and feels that Roberts Street is a good
fit for the targeted criteria.
The project is estimated to cost $900,000. Staff is proposing to request the maximum grant amount
and provide matching funds of $525,000 towards the project. In addition the City will be responsible to
pay for Engineering on the project which is estimated to cost an additional $50,000. If selected these
funds would be allocated from the Major Street budget in FY22-23.
A formal resolution of support is not required for TEDF – Category F applications.
Amount Requested: $575,000 Amount Budgeted: $575,000
Fund(s) or Account(s): 202-TBD-5346/5355 Fund(s) or Account(s): 202-TBD-5346/5355
Recommended Motion:
Authorize staff to apply for the Category F grant through the MDOT Transportation Economic Development
program for Roberts Street between Sherman Blvd and Laketon Avenue.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
CATEGORY F — Urban
Areas in Rural Counties
ELIGIBILITY CRITERIA
Eligibility Requirements Policy Guidelines
Category F funding is available on a competitive basis 1. Proposed projects must be on the federal-aid
through the Michigan Transportation Economic Devel- system.
opment Fund (TEDF). These funds are available for
road improvements in Federal Adjusted Census Urban 2. Grant awards are limited to a maximum
Boundary areas of rural counties in order to provide of $375,000.
system continuity with the secondary all-season road 3. Projects submitted for funding should be capable
system. Statewide, $2.5 million of state funding is of being let or constructed within the fiscal year for
available annually to fund these projects. Eligible which they are funded.
applicants are county, city, and village road agencies
within counties with a population of 400,000 or less.
4. A grant award represents the maximum funds
available for a project. Project costs that exceed
These projects will be evaluated according to how well
the grant are the responsibility of the applicant.
they meet the criteria and will be scored according to
the following factors: evidence of critical all-season 5. Projects that are not selected for funding one
system continuity, commercial traffic flow, road condi- year can be resubmitted the following year.
tion, and safety. 6. Multi-year phasing of Category F grants is
not permitted.
Category Objectives
The objectives for Category F projects are to provide 7. If the project is part of a multiple grant proposal
funding for transportation projects that: or is already programmed within another grant
program, please identify in the project description
zz are coordinated with the secondary all-season
field the project limits, funding sources, and time
system (TEDF Category D) or provide all-season
frame of the other grant components.
routes within a city,
zz improve all-season capabilities on routes having 8. Preventative Maintenance (PM) activities are not
eligible. Project scope can include Resurfacing
high commercial traffic, and
(3R) or Reconstruction (4R).
zz improve access to the state trunkline system.
Operating Guidelines
1. Projects should be coordinated with the
secondary all-season system or provide
all-season routes within a city.
2. Engineering, utility, and right-of-way acquisition
costs are not eligible for funding under Category F.
3. A minimum local match of 20 percent is required.
Overmatch is encouraged and will be considered
when evaluating grant requests. Ineligible costs
cannot be applied to the match calculation.
MDOT Office of Economic Development • “Transportation Solutions for Vibrant Communities” • www.michigan.gov/tedf • 517-335-1069
Roberts Street, Laketon Avenue to Sherman Boulevard - Vicinity Map
Creston
Continental
Laketon Ave
St
St
Madison St
Burton Rd
ar
Rouse St
H
Ni ve
m NEWKIRK KERSCO y St
s
St ELECTRIC DIVISION
Holbrook Ave ASSOC INC INC
Huizenga St
Brunswick St
MUSKEGON CITY OF
CHARTER MUSKEGON
HONEYWELL INC
Vulcan St
LORIN TOWNSHIP
INDUSTRIES
Tri-State Aluminum KEATING
Castings Company, L.L.C. PROPERTY LLC
Keating Ave
RESTOR IT SYP
ALL INC PROPERTIES Anytime Auto
LLC LINK INVESTMENT
Theresa St
PHOENIX
PROPERTIES LLC INTRA CITY RECLAMATION
DISPATCH LLC
Delano Ave
BEACON
RECYCLING
EXCEL LLC
MACHINE AND TOOL
Valley St
CO INC OFFICE
MACHINES
CO INC
Hackley Ave
Jane Ct
Austin St
MUSKEGON TOOL PREFFERED
PROPERTY CO LLC LANDSCAPING
ABC
SUPPLY
Susan Ct
CO INC
Barney Ave AMERICAN
CHEMICAL
SOLUTIONS
UNITED
PARCEL
SERVICE
ARCHITECTURAL
HARDWARE MERCY HEALTH
PARTNERS
BEHLER-YOUNG
cy Dr
COMPANY Me r
HVAC/R
MARY FREE BED MERCY DRIVE
MERCY GENERAL
ORTHOTICS PROFESSIONAL
HEALTH PARTNERS
BUILDING C Legend
MERCY
Project Area Roberts, Laketon - Sherman
SHERMAN SERVICES FOR Industry/medical supported by Roberts Rd. (89)
THE AGING
$
City Boundary
OFFICE
Zoning Description
CONDOMINIUM
Valk St
General Business
Utah
Engineering Department ©
Sherman Blvd 1221
Light Industrial
St
EAST SHERMAN General Industrial
0 650 1,300 LLC 2,600 Feet
Industrial Park District
Date: 4/19/2021 Medical Care
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 27, 2021 Title: Railroad Mural – Resolution of Support
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is requesting Commission approval of the attached resolution for the application of the murals
onto the railroad bridge over Seaway Drive.
Detailed Summary:
MDOT and FHWA (Federal Highways Administration) are requiring that the governing bodies of
Muskegon and Norton Shores adopt a formal resolution of support for the installation of the murals on
the railroad overpasses.
The MDOT / FHWA Permit and the Railroad Permit are the last two items needed to finalize the
proceeding of the work. Assuming approval of both items we are on track to be ready for the muralists
to start on the City of Muskegon bridge in mid-May.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion:
Approve the resolution of support and authorize the Mayor and Clerk to sign.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
City of Muskegon
RESOLUTION
SUPPORT OF
RAILROAD BRIDGE MURALS
WHEREAS, Muskegon City Commissioners desire to support the development and installation of
public art work within the city limits; and
WHEREAS, Muskegon City Commissioners have funded the improvements necessary to prepare
the existing railroad bridge over Seaway Drive (US-31 BR) for the application of murals; and
WHEREAS, Muskegon City Commissioners have supported and participated in the public process
of soliciting and selecting the mural artwork for the bridges; and
NOW, THEREFORE LET IT BE RESOLVED, that Muskegon City Commissioners support the
installation of the public artwork murals on both fascia beams on the railroad bridge over Seaway
Drive between Hackley Avenue and Laketon Avenue in the City of Muskegon.
Dated this ______ of _______ 20__.
________________________________
Stephen J. Gawron
Mayor
_________________________________
Ann Marie Meisch
City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 27, 2021 Title: Railroad Mural – ROE Permit
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is requesting Commission approval and authorization for staff to execute the attached Right of
Entry (ROE) agreement with the railroad to allow for painting of the murals on the railroad bridge over
Seaway Drive between Hackley Avenue and Laketon Avenue.
Detailed Summary:
Staff has worked to secure the enclosed railroad agreement which must be reviewed and accepted by
the City prior to work commencing.
Counsel has reviewed the agreement and has no concerns.
Finance has reviewed the agreement and MMRMA can provide the necessary coverage.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion:
Authorize staff to sign off on the Right of Entry Agreement with the railroad for the installation of the murals.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Railroad Protective Liability Application
Named Insured Railroad: Michigan Shore Railroad
Address: c/o 13901 Sutton Park Dr., S., Ste. 270, Jacksonville, FL 32224
Name of Designated Contractor:
Address:
Contractors GL Limits:
Carrier:
Contractors Umbrella Limits:
Carrier:
Will the Contractor be holding the Railroad Harmless? Yes No
Will the Railroad be listed as an “Additional Insured” on the Contractor’s CGL and Umbrella
policies? Yes No
Will the Contractor’s GL & Umbrella policies remove the contractual exclusion for work within
50’ of a Railroad? Yes No
Railroad Protective Limits Required: yes
Per Occurrence: $2 Million Aggregate: $6 Million
Name & Address for Whom Work is Being Performed:
Description of Job:
Approximate Length of Job (years/months):
Total Cost of Job: Cost of Work Within 50’ of Tracks:
Daily Train Traffic: Freight: Passenger:
Will there be any Railroad flagmen/supervisors? Yes No
Will there be any other work performed by any railroad employees? Yes No
If yes, please describe:
Will there be any Railroad equipment assigned to the contractor? Yes No
If yes, please describe:
Signature: Date:
Printed Name:
Title:
FORM ROE-09-2020 Permit No. MSRR210312905
Page 1 of 12
CONTRACTOR RIGHT OF ENTRY LICENSE AGREEMENT
THIS AGREEMENT (the “Agreement”) is made as of _______________, 20___, (the “Effective Date”),
by and between Michigan Shore Railroad, a Division of Mid-Michigan Railroad, Inc. (“Railroad”) and City of
Muskegon (“Licensee”).
WITNESSETH:
WHEREAS, Licensee has submitted a written request or application to Railroad requesting permission to
enter Railroad’s property at or near the location specified in Section 1 below for the limited purpose of performing
certain work; and
WHEREAS, Railroad is willing to grant to Licensee the limited right and permission to enter upon such
property for the limited purpose of performing such work in accordance with the terms provided herein.
NOW THEREFORE, in consideration of these promises, the Agreement herein, and other good and
valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
Section 1. LOCATION/PAYMENT/WORK PRACTICES:
1.1 Railroad hereby conveys to Licensee the limited right and permission to enter upon the Railroad’s
property located at or near Milepost 55.14, LAKE Subdivision, Latitude: 43.202694, Longitude: -86.260028
located in MUSKEGON, in the County of MUSKEGON, State of MI as reflected on the map attached hereto as
Exhibit A and incorporated herein by reference (the “Property”) for the purpose of Licensee, through its
employees, agents or contractors to PAINT MURAL ON RAILROAD BRIDGE OVER SEAWAY DRIVE (the
“Work”); and
1.2 Upon payment of a fee referenced in Section 11 herein, Railroad hereby grants to Licensee, the
right and permission to enter upon Railroad's Property for the purpose of performing the Work, subject to the
terms, conditions and provisions set forth in this Agreement.
1.3 The Work shall be performed at the entire cost and expense of Licensee, in accordance with good
and sound engineering practices, to the satisfaction of Railroad's Chief Engineer, or his duly authorized
representative (the “Representative”), and in a manner to avoid accident, damage or harm to persons or property
and delays to or interference with the operations of Railroad.
Section 2. PRIOR NOTICE/FLAGGING/OTHER CONDITIONS.
2.1 Licensee or Licensee’s contractor shall notify the Representative at least ten (10) business
days before proceeding with any phase of the Work on the Property and shall abide by the instructions of the
Representative concerning the safety of the Railroad. All persons entering the Property pursuant to the permission
granted herein shall comply with and perform the Work in accordance with the following policies:
a) Genesee & Wyoming Inc.’s Contractor Safety Rules, available at:
https://gwrr.com/download.axd/0774e378f35949f59f232ef1adbc63e7.pdf?d=GWI%20%20Contractor
%20Safety%20Rules; and
b) Genesee & Wyoming Inc.’s Code of Ethics and Conduct, available at:
gwrr.com/about_us/code-of-ethics
The following Personal Protective Equipment (“PPE”) must be worn at all times on the Property: Hard hats, safety
footwear, certified eye protection with side shields and approved high-visibility work wear. Additional forms of
FORM ROE-09-2020 Permit No. MSRR210312905
Page 2 of 12
PPE may be required under certain circumstances as specified in the aforesaid Contractor Safety Rules or as
required by the Representative.
2.2 Railroad shall furnish such personnel, flagman or watchman which, in Railroad's sole discretion,
may be necessary to protect the facilities and traffic of Railroad during the performance of the Work. If flagging or
other special protective or safety measures are performed by Railroad, Railroad will invoice Licensee for such
expenses incurred by Railroad based on the current fee schedule annexed hereto as Exhibit D. Licensee shall pay
such invoices within thirty (30) days of Licensee’s receipt of billing. If Railroad performs any flagging, or other
special protective or safety measures are performed by Railroad, Licensee agrees that Licensee is not relieved of
any of its responsibilities or liabilities set forth in this Agreement. The Licensee or its contractor shall reimburse
Railroad promptly for the actual cost of said services, including all applicable surcharges, upon receipt of bill or
bills therefor.
2.3 Unless Prior arrangements have been made with the Chief Engineer or his representative, Licensee
shall not place or operate equipment at a distance of less than fifty (50) feet from the center of track, nor perform
any Work at a distance of less than fifty (50) feet from the center of Railroad’s track. Further, no equipment shall
be moved across the Railroad's track(s) except at an established public crossing, unless prior arrangements have
been made with the Chief Engineer or his Representative. All reasonable precautions must be taken by Licensee to
avoid interference with and/or damage to Railroad's facilities during the course of the Work.
2.4 Prior to entering upon the Property, Licensee agrees to comply with RAILROAD’S ROADWAY
WORKER PROTECTION TRAINING POLICY as set forth in Exhibit B, attached hereto and incorporated
herein by reference, if such training is applicable as determined in the sole discretion of Railroad.
2.5 The permission herein granted is subject to all existing leases, licenses and occupancies of the
Property by third parties. Licensee acknowledges that, in executing this Agreement, Railroad acts on its own
behalf only and has no authority to act, and does not claim to act, on behalf of any other entity or person with
respect to any right any such other entity or person may have to object to this Agreement. Licensee shall secure
the consent, and protect the facilities, of each such third-party occupier of the Property.
2.6 Licensee shall implement and enforce a safety program conforming to all applicable requirements
of federal, state and local laws, rules and regulations.
Section 3. LEGAL COMPLIANCE.
Licensee expressly agrees, at its own cost and expense, to comply and cause its agents, employees and
contractor(s) to comply with all applicable ordinances, rules, regulations, requirements and laws of any
governmental authority (state, federal or local) having jurisdiction over the Work or Licensee’s activities,
including the location, contact, excavation and protection regulations of the Occupational Safety and Health Act
and state “One Call” - “Call Before You Dig” or similar requirements. Licensee shall indemnify, defend and save
harmless Railroad, its parents, affiliates and subsidiaries, and the respective shareholders, directors, officers and
employees of each (hereinafter collectively the “Railroad Indemnitees”),_ from and against, and shall pay, all
expenses, damages, penalties, and claims, including without limitation reasonable counsel fees, that may arise
from, or be imposed because of the failure of Licensee to comply with this Section.
Section 4. LIABILITY/INDEMNITY.
4.1 Licensee hereby assumes risk of and agrees to indemnify, defend, protect and save the Railroad
Indemnitees harmless from and against (a) injury to or death of any person or persons whomsoever, including but
not limited to the agents, employees or contractor(s) of the parties hereto, and (b) the loss or damage to any
property whatsoever, including property claims, demands, suits, judgments or expenses incurred in connection
therewith, resulting from or arising out of the acts or omissions of Licensee, its agents, employees or contractor(s),
FORM ROE-09-2020 Permit No. MSRR210312905
Page 3 of 12
or resulting from, arising out of, or occurring in connection with the entry or presence of Licensee, its agents,
employees or contractor(s) on the Property, or resulting from, arising out of, or occurring in connection with the
performance or execution of the Work performed under this Agreement or incidental thereto, regardless of any
negligence on the part of Licensee or Railroad. THE INDEMNITY PROVIDED IN THIS SECTION 4 IS
SPECIFICALLY MEANT TO INCLUDE INDEMNITY OF THE RAILROAD INDEMNITEES FOR THEIR
OWN ORDINARY NEGLIGENCE, EVEN IF THE INJURY OR DAMAGE IS CAUSED ENTIRELY BY THE
ORDINARY NEGLIGENCE OF THE RAILROAD INDEMNITEES AND THERE IS NO NEGLIGENCE ON
THE PART OF THE LICENSEE. LICENSEE’S INDEMNITY OBLIGATIONS IN THIS SECTION 4 SHALL
NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES,
COMPENSATION OR BENEFITS AVAILABLE UNDER WORKERS’ OR WORKMEN’S COMPENSATION
ACTS, DISABILITY ACTS OR EMPLOYEE BENEFITS ACTS.
4.2 IN NO EVENT UNDER THIS AGREEMENT WILL THE RAILROAD INDEMNITEES HAVE ANY
LIABILITY FOR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ADDITIONALLY, THE TERM “RAILROAD INDEMNITEES” AS USED IN THIS SECTION 4 SHALL
INCLUDE ANY OTHER RAILROAD COMPANY THAT MAY BE LAWFULLY OPERATING UPON AND
OVER THE TRACKS OR THE TRACKS CROSSING OR ADJACENT TO THE TRACKS, AND THE
OFFICERS, AGENTS, INVITEES AND EMPLOYEES THEREOF.
Section 5. INSURANCE.
Licensee agrees to comply with the INSURANCE REQUIREMENTS FOR CONTRACTOR
RIGHT-OF-ENTRY LICENSE AGREEMENTS attached hereto as Exhibit C and incorporated herein by
reference and shall provide the required Certificate of Insurance to Railroad with return of the signed duplicate
original of this Agreement prior to the commencement of the Work.
Section 6. NOTIFICATION.
Licensee shall promptly notify the Chief Engineer of any loss, damage, injury or death arising out of or in
connection with the Work.
Section 7. RESTORATION.
Upon completion of the Work or the termination or expiration of this Agreement, Contractor shall
promptly remove from the Property all tools, equipment and materials placed thereon by Contractor. Contractor
shall restore the Property to the same state and condition as when Contractor first entered thereon and shall leave
the Property in a condition satisfactory to the Chief Engineer or the Representative.
Section 8. TERM/TERMINATION.
This Agreement and the permission conferred, and the license granted by it does not constitute a grant of
permanent easement and shall terminate upon completion of the Work or at midnight 60 calendar days following
the Effective Date, whichever occurs first, unless extended in writing by Railroad. Notwithstanding the foregoing,
Railroad shall have the right to terminate this Agreement and the license granted hereunder immediately if
Licensee defaults on any of the terms and/or conditions set forth herein.
Section 9. COMPLIANCE AND DOCUMENTATION.
Licensee agrees, and shall cause its agents, employees and contractor(s), to (a) understand and comply
with the terms and conditions of this Agreement, (b) carry a copy of this Agreement at all times while on the
Property, and (c) promptly present the copy of this Agreement to any employee of Railroad upon request.
FORM ROE-09-2020 Permit No. MSRR210312905
Page 4 of 12
Section 10. RAILROAD CONTACT INFORMATION.
The Railroad's Chief Engineer is:
Dale Summers
4349 Easton Way, Suite 110
Columbus, OH 43219
The Railroad's Representative is:
Roadmaster, Scott Knight
616.293.0564
Railroad EMERGENCY Phone Number: (866) 527-3499
Reference Location: Michigan Shore Railroad, a Division of Mid-Michigan Railroad, Inc.
Section 11. FEE.
Upon execution of this Agreement, Licensee shall pay Railroad the sum of $1750 toward the cost of
preparing this Agreement and for the privileges granted to the Licensee.
Section 12. NON-WAIVER.
If either party fails to enforce its respective rights under this Agreement, or fails to insist upon the
performance of the other party’s obligations hereunder, such failure shall not be construed as a permanent waiver
of any rights or obligations in this Agreement.
Section 13. APPLICABLE LAW.
This Agreement shall be governed by and construed under the laws of the State of MI, without regard to
the choice of law provisions thereof.
Section 14. ASSIGNMENT.
Licensee shall not assign this Agreement without the prior written consent of Railroad, which consent
may be granted or withheld at Railroad’s sole discretion. This Agreement shall be binding upon the parties and
their respective successors and permitted assigns.
Section 15. INTERPRETATION/SEVERABILITY.
To the maximum extent possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited
by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such
prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this
Agreement.
FORM ROE-09-2020 Permit No. MSRR210312905
Page 5 of 12
Section 16. COUNTERPARTS.
This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be
deemed an original but which together shall constitute one and the same instrument, and counterparts of this
Agreement may also be exchanged electronically and any electronic facsimile of any party’s signature shall be
deemed to be an original signature for all purposes.
Section 17. HEADINGS.
The headings of the sections of this Agreement are inserted for convenience only and are not intended to
govern, limit or aid in the construction of any term or provision of this Agreement.
Section 18. CONSTRUCTION OF TERMS.
The terms of this Agreement have been arrived at after mutual negotiation and, therefore, it is the
intention of the Parties that its terms not be construed against any of the Parties by reason of the fact that it was
prepared by one of the Parties.
Section 19. CONFIDENTIALITY.
The parties shall not disclose the terms of this Agreement to a third party (a) other than as required by law
so long as such party required to disclose the terms of this Agreement under applicable law provides the other
party with prior written notice of such requirement, or (b) as otherwise agreed in writing between the parties.
Notwithstanding the foregoing, the parties may disclose the terms and conditions of the Agreement to (1) a parent,
subsidiary or affiliated company; or (2) to their lawyers and consultants, including but not limited to its auditors,
provided that all such parties agree to maintain the confidentiality of such information in accordance with the terms
of this provision. If any party violates this paragraph, any adversely affected party may cancel this Agreement
without penalty and exercise any available remedies under applicable law.
[Signature Page Follows]
FORM ROE-09-2020 Permit No. MSRR210312905
Page 6 of 12
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date.
RAILROAD: LICENSEE:
MICHIGAN SHORE RAILROAD, A DIVISION OF
MID-MICHIGAN RAILROAD, INC. CITY OF MUSKEGON
By: By:
Name: Name:
Its: Its:
FORM ROE-09-2020 Permit No. MSRR210312905
Page 7 of 12
EXHIBIT A
DESCRIPTION OF PROPERTY
FORM ROE-09-2020 Permit No. MSRR210312905
Page 8 of 12
EXHIBIT B
ROADWAY WORKER PROTECTION TRAINING POLICY
A. In order to maintain the integrity and security of the Property and Railroad’s operations, prior to
each employee of Licensee and its contractor entering upon the Property (each a “Licensee Applicant”), Licensee
shall cause its employees, and shall cause its contractor to require its employees, to successfully complete the
Genesee & Wyoming Inc. Roadway Worker Training Program (the “Program”) on an annual basis to be
administered by Roadway Worker Training, Inc. (the “Program Administer”), at the sole cost and expense of the
Licensee or contractor, as the case may be (the current cost of which is $75.00 USD per Licensee Applicant). The
Program shall be available via the internet and instructions to access the Program set forth in Paragraph K.
B. Upon completion of the Program, the Licensee Applicant shall be required to satisfactorily
complete a test administered by the Program Administer. The Program Administer shall be responsible for scoring
such test and verifying whether the Licensee Applicant satisfies the requirements of Railroad to perform work on
the Property. Any Licensee Applicant who fails to achieve a satisfactory score or who refuses to complete such
test shall not be permitted to enter the Property.
C. When a satisfactory score is achieved by the Licensee Applicant, the Program Administrator shall
furnish a certificate (the “Certificate”) to the business address of Licensee or its contractor, as the case may be, for
distribution to the Licensee Applicant. Until receipt of the Certificate from the Program Administrator, the
Licensee Applicant shall print a temporary certificate authorizing the Licensee Applicant’s access to the Property.
D. For the avoidance of doubt, satisfactory completion of the Program as evidenced by receipt of a
Certificate does not in itself grant permission to the Licensee Applicant to enter the Property, except as expressly
permitted under and in strict compliance with the terms of the Agreement.
E. The Licensee Applicant shall be responsible for carrying the Certificate at all times when on the
Property.
F. All communications regarding Licensee Applicants, the Program, or any other matters described in
this Exhibit B should be addressed to:
Kyle Baker
GWI Safety Department
13901 Sutton Park Drive South, Suite 270
Jacksonville, FL 32224
[email protected]
(904) 999-3356
G. Licensee and its contractor shall be responsible for managing and recovering Certificates from
their employees who resign, retire or are terminated.
H. Notwithstanding the receipt of a Certificate by a Licensee Applicant, Railroad reserves the right to
reject any Licensee Applicant from entering upon the Property in Railroad’s sole discretion in accordance with:
i) Genesee & Wyoming Inc. Code of Ethics and Conduct,
ii) Genesee & Wyoming Inc. Contractor Safety Rules, or
iii) upon failure to comply with the terms and conditions of the Agreement and all applicable
laws.
FORM ROE-09-2020 Permit No. MSRR210312905
Page 9 of 12
I. To the extent that any portion of the requirements set forth in this Exhibit B violates any law,
ordinance, statute or regulation that portion shall be ignored and the Licensee or contractor, as the case may be,
shall comply with all remaining portions of Railroad’s Roadway Protection Training Policy, the Program or the
related application process.
J. Licensee or its contractor, as the case may be, shall be primarily responsible for enforcement of the
Program; provided, however, that both Railroad and the Federal Railroad Administration reserve the right to audit
Licensee and its contractor, as the case may be, for compliance with the Program and Railroad’s Roadway
Protection Training Policy. Should a Licensee or its contractor, as applicable, be found out of compliance, any and
all fines or penalties incurred by Railroad due to such non-compliance shall be the sole obligation of the Licensee.
K. To access the G&W Roadway Worker Protection Training for Railroad Contractors Course on the
RWT On-Line please follow these instructions:
Start at website www.rrtrainers.com
Click on the “On-Line Courses” button
Select the G&W course by clicking on the course name
On the right hand side of the page select “New User Registration”
Fill out all of the fields on the registration page and submit
You will receive a username and password via email
After receiving the username and password go back to the On-Line Courses page and select the G&W
course again
Complete the registration process and training.
FORM ROE-09-2020 Permit No. MSRR210312905
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EXHIBIT C
INSURANCE REQUIREMENTS FOR RIGHT-OF-ENTRY LICENSE AGREEMENT
(a) The Licensee shall, at its own cost and expense, prior to entry onto the Property or the
commencement of any work pursuant to this Agreement, procure and thereafter maintain throughout the term of
this Agreement the following types and minimum amounts of insurance:
(i) The Licensee shall maintain Public Liability or Commercial General Liability
Insurance (“CGL”), including Contractual Liability Coverage and CG 24 17 “Contractual Liability
– Railroads” endorsement, covering all liabilities assumed by the Licensee under this Agreement,
without exception or restriction of any kind, with a combined single limit of not less than Two
Million Dollars ($2,000,000) for Bodily Injury and/or Property Damage Liability per occurrence,
and an aggregate limit of not less than Six Million Dollars ($6,000,000) per annual policy period.
Such insurance policy shall be endorsed to provide a Waiver of Subrogation in favor of the
Railroad Indemnitees and shall name the Railroad Indemnitees as Additional Insureds. An
Umbrella or Excess policy may be utilized to satisfy the required limits of liability under this
section but must “follow form” and afford no less coverage than the primary policy.
(ii) The Licensee shall maintain Commercial Automobile Insurance for all owned,
non-owned and hired vehicles with a combined single limit of not less than One Million Dollars
($1,000,000) for Bodily Injury and/or Property Damage Liability per occurrence. Such insurance
policy shall be endorsed to provide a Waiver of Subrogation in favor of the Railroad
Indemnitees and shall name the Railroad Indemnitees as Additional Insureds.
(iii) The Licensee shall maintain Statutory Workers’ Compensation and Employers’
Liability Insurance for its employees (if any) with minimum limits of not less than One Million
Dollars ($1,000,000) for Bodily Injury by Accident, Each Accident; One Million Dollars
($1,000,000) for Bodily Injury by Disease, Policy Limit; One Million Dollars ($1,000,000) for
Bodily Injury by Disease, Each Employee. Such insurance policy shall be endorsed to provide a
Waiver of Subrogation in favor of the Railroad Indemnitees.
(iv) Prior to construction within 50’ of the railroad tracks, the Licensee shall
purchase Railroad Protective Liability Insurance naming the Railroad Indemnitees as the named
insured with limits of Two Million Dollars ($2,000,000) each occurrence and Six Million Dollars
($6,000,000) aggregate limit. The policy shall be issued on a standard ISO form CG 00 35 12 03
or, if available, obtain such coverage from the Railroad.
(b) The following general insurance requirements shall apply:
(i) The specified insurance policies must be affected under standard form policies
underwritten by insurers licensed in the state where work is to be performed and carry a minimum
Best’s rating of “A-” and size “Class VII” or better. The Railroad reserves the right to reject as
inadequate any insurance coverage provided by an insurer that is rated less than the ratings
specified in this section.
(ii) All coverages shall be primary and non-contributory to any insurance
coverages maintained by the Railroad Indemnitees.
(iii) All insurance policies shall be endorsed to provide the Railroad with thirty (30)
days prior written notice of cancellation, non-renewal or material changes.
FORM ROE-09-2020 Permit No. MSRR210312905
Page 11 of 12
(iv) The Licensee shall provide the Railroad with certificates of insurance evidencing the insurance
coverages, terms and conditions required prior to commencement of any activities on or about the Property. Said
certificates should reference this Contractor Right of Entry License Agreement by agreement date and description
and shall be furnished to the Railroad at the following address, or to such other address as the Railroad may
hereafter specify:
Michigan Shore Railroad, a Division of Mid-Michigan Railroad, Inc.
C/O Genesee & Wyoming Railroad Services, Inc.
13901 Sutton Park Drive South, Suite 270
Jacksonville, FL 32224
(v) If any policies providing the required coverages are written on a Claims-Made
basis, the following shall apply:
(1) The retroactive date shall be prior to the commencement of the
work;
(2) The Licensee shall maintain such policies on a continuous basis;
(3) If there is a change in insurer or policies are canceled or not
renewed, the Licensee shall purchase an extended reporting period of not less than
three (3) years after the contract completion date; and
(4) Licensee shall arrange for adequate time for reporting of any loss
under this Agreement.
(c) The Railroad may require the Licensee to purchase additional insurance if the Railroad
reasonably determines that the amount of insurance then being maintained by the Licensee is insufficient
in light of all relevant factors. If the Licensee is required to purchase additional insurance, the Railroad
will notify the Licensee. Failure of the Licensee to comply within thirty (30) days shall be considered a
default subject to termination of the Agreement.
(d) Furnishing of insurance by the Licensee shall not limit the Licensee’s liability under this
Agreement but shall be additional security therefor.
(e) The above indicated insurance coverages shall be enforceable by any legitimate claimant after the
termination or cancellation of this Agreement, or any amendment hereto, whether by expiration of time, by
operation of law or otherwise, so long as the basis of the claim against the insurance company occurred during the
period of time when the Agreement was in effect and the insurance was in force.
(f) Failure to provide the required insurance coverages or endorsements (including contractual
liability endorsement) or adequate reporting time shall be at Licensee’s sole risk.
(g) If contractors are utilized, the Licensee agrees to require all such contractors to comply with the
insurance requirements of this Exhibit C.
FORM ROE-09-2020 Permit No. MSRR210312905
Page 12 of 12
EXHIBIT D
Exhibit D will be provided by flagging coordinator upon execution
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 27th, 2021 Title: Smith Ryerson eSports
Submitted By: Leo Evans Department: DPW
Brief Summary:
Staff is requesting permission to move forward with a proposal to construct and outfit an eSports
gaming center in an unused room at Smith-Ryerson Park.
Detailed Summary:
See attached proposal for additional information.
Staff is seeking approval to expend up to $20,000 to convert an unused room at the Smith-Ryerson
Community Center into an eSports Gaming Center. The gaming center would be available for use on
a TBD rental basis and will be offered to community partners that are interested in utilizing the site to
host community based programming.
Staff is proposing to fund the allocation from within the existing Parks budget, with no modification to
the overall budget. Though no specific allocation was originally budgeted for this project a number of
budget items have come up short allowing for this project to be completed without the requirement for
additional allocations.
Amount Requested: $20,000.00 Amount Budgeted: $0
Fund(s) or Account(s): 101-70751-5346 Fund(s) or Account(s): 101-70751-5346
Recommended Motion:
Authorize staff to proceed with the proposal to construct and outfit an eSports gaming center at Smith-Ryerson
Park.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Smith-Ryerson Park eSports Project
What is eSports
Esports is a type of competition using video games. Since traditional sports have been sidelined,
stadiums closed to fans, and people starving for interaction, gamers have turned their attention to
eSports. The eSports experience has experienced great growth in 2020 due to the COVID-19
pandemic, and is poised to act as a springboard for further growth into 2021.
The dynamics of recreation are ever shifting and eSports is quickly becoming the next thing. The
pool of kids that participate in video gaming is far higher than the pool of kids that participate in
more traditional recreational sporting and we would like to recognize that dynamic shift with this
development.
Goals
Provide a unique park experience to area youth in the form of converting an unused room within
the Smith-Ryerson Community Center into an eSports Gaming area.
Site Amenities
The project would convert a currently underutilized space by equipping it with six (6) gaming
stations that could each accommodate up to four (4) players. Each station would be equipped
with a 65” LED TV, a gaming console (brand TBD) along with additional hardware (controllers,
chargers, etc) and age appropriate games for use.
Each gaming station would be on a mobile TV stand to accommodate relocation within the
building for different events, and/or relocation to other sites around the city as needed for events.
Development Milestones
Spring 2021 - City funds initial startup costs and construction to prepare site with target opening
in Summer 2021, approximately $20,000. Procurement and installation completed in Spring/early
Summer of 2021. Concurrently city staff would work to solidify partnerships for programming at
the site.
Summer 2021 Thru TBD - City operates the facility similar to a community center reservation
(draft policy attached). Groups can rent the room for their exclusive private use. Additionally the
City could offer free rental of the room for private groups in exchange for the groups agreeing to
host and promote an open community event on a 1 Hour – 1 Hour basis.
TBD & Beyond - If successful eventually transfer into a site manager relationship with one of the
predominant users and transition into that group handling the use/rental of the facility along with
the upkeep and maintenance.
Local Partnerships
We have worked hard on outreach to establish groups that we feel could be good partners to use
the facility and help provide programing at the site to keep it engaging and active in the community.
Below is a list of organizations that we have reached out at this point, all groups have showed an
initial interest and we have had lengthy discussions with several on specific programing and uses
for the site:
Boys and Girls Club, Muskegon Public Schools, Orchard View Public Schools, Muskegon Public
Library, Muskegon Community College Gaming Club, Muskegon Risers eSports Team
Funding Partnership
Several opportunities to offset the initial startup costs for the site exist and we plan to explore those
if given the go ahead to move forward on the development of the site.
• Microsoft & Sony – Microsoft (Xbox) and Sony (Playstation) both offer grants
opportunities that could potentially offset some of the intial startup costs.
• Best Buy – Offers grants for financial support, but additionally offers opportunities for
volunteers and technical support to get the site operational.
• Community Foundation – We plan to engage with the CFFMC to see if they have any
opportunities would align with this project but have not
Estimated Startup Cost
To prepare and equip the site with six (6) mobile gaming station staff is estimated the initial cost
to be approximately $20,000. This will provide for TVs, consoles, hardware, software, gaming
subscriptions, mobile TV stands, furniture, and equipping the room with the proper electrical and
internet capabilities.
Draft Policy
Use and Code of Conduct
Preface
Esports have a major strength compared to other sports- it can be practiced by people
from all backgrounds and situations giving eSports the opportunity to be inclusive for all. This
document is a tool designed to create a welcoming and inclusive environment for competitors
to gather and evolve.
Those of us who participates in sports and eSports have the unique opportunity to shape
the future. To accomplish this, we need to follow a common set of rules and at the same time
take responsibility for how we treat each other.
1. Player Code of Conduct
1.1. Disrespectful Expression Avoid expressing ourselves in an disrespectful manor towards
other players or their actions while in the game, regardless of whether or not they are
on your team.
1.2. Disrespectful Language Avoid using profane language, nicknames, or any other
expression that may insult another players gender, gender identity, origin, physical
ability, religion, or age.
1.3. Violent Language Avoid using language or actions that refer to sexual violence or
violence.
1.4. Violent Actions Avoid acting in a threatening or violent manor towards others.
1.5. Private Information Avoid sharing account information or any other private
information that could put yourself or others at risk.
1.6. Harassment Avoid harassment of other players, team members, or any other
associated parties.
1.7. Sexual Harassment You may not sexually harass players, team members, or any
associated parties. There is zero tolerance for any sexual threats or coercion.
1.8. Discrimination You may not disrespect the dignity or integrity of a country, private
person, or group of people through contemptuous, discriminatory, or denigratory
words or actions on account of race, ethnicity, socioeconomic status, ability status,
gender identity, language, religion, political opinion or any other opinion, sexual
orientation, or any other reason.
1.9. Cheating Avoid cheating or hacking
1.10 Team Dynamic Always remember to support your team, communicate positively, and
have fun.
1.10. Inappropriate Names Ensure that players taking place in games or tournaments
are not using nicknames, team names, skins, or anything else that may be disrespectful.
1.11. Reporting We encourage bystanders, spectators, and those who are competing to
immediately report any abuse they witness.
2. Subjection to Consequences
2.1. Warnings Low severity or first time violations may result in a written warning.
2.1.1.1. Parks department can make discretionary discretions on a per case basis
2.1.2. Email For written warnings, an email may be used to notify the guilty party of
any misconduct.
2.1.3. Phone Call or In-Person For any consequences related to sections 1.1-1.8 may
be subjected to an in-person meeting or phone call
2.2. Suspension Repeated code of conduct violation may result in temporary suspensions at
the discretion of the Parks Department
2.3. Permanent/Indefinite Loss of Gaming Privileges A player or team may be subjected
to a loss of gaming privileges if their behavior exhibits any of the Code of Conduct
policies are broken.
2.4. An individual who violates the code of conduct may be subjected to disciplinary action
at the description of the parks department up to and including loss of gaming privileges
Signature:___________________________ Date:___________
Acceptable Uses and Proposed Rental / Lease Options
By using our site, you are agreeing to comply with and be bound by the following terms
of use. Please review the following terms carefully. This Agreement may be amended at any
time by us from time to time without specific notice to you. The latest Agreement will be posted
on the Site, and you should review this Agreement prior to using the Site.
Acceptable Uses of Smith Ryerson eSports
1) The city of Muskegon will provide games for both PlayStation and Xbox on site for those who rent
out the eSports lounge.
a. Renters are permitted to bring in outside games. Games brought in
must follow the Entertainment Software Rating Board ESRB.
b. Games brought in must be rated one of the following:
Early Childhood……………………(EC)
Everyone …………………………….(E)
Everyone 10+………………………(E10+)
Teen…………………………………….(T)
Games that are not allowed to be played on City owned gaming consoles include Mature, Rating
Pending, and Adults only. Failure to abide by these guidelines may result in disciplinary discretion set by
the Parks Department.
Restricted Uses of Smith Ryerson eSports
1) Accessing illegal sites, downloading or playing Mature, Rating Pending, and Adult Only games, or
uninstalling any games without the city’s consent will lead to disciplinary action at a later date set by
the Parks Department.
2) Exposing users/minors to material outside of there are range may result to disciplinary action at a
later date set by the Parks Department.
Liability/Responsibility
1) By signing the agreement, users agree that they are responsible to return the equipment as they
found it and will be charged accordingly for any damages that occur while the renter is in possession
of the eSports center as a result of their misuse.
Rental Rates
1. This room may be rented at a fixed hourly rate of $20/hr.
2. A second option for renters includes a 1:1 ratio. This simply means that the eSports room can be
reserved for private use by groups at no cost if they offer to host a community event on a 1:1 ratio
and that events which are open to the public at no cost can be rented out at no cost.
3. Example: If you and your group used the room for 3 hours, you would either pay the rental fee of
$60 or host a community event open to the public for the same 3 hours you rented the room for.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 4/27/21 Title: Sale of the property formerly known as
1251 8th St
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request to execute the purchase agreement to sell the property formerly known
as 1251 8th St (now 13 separate parcels) to West Urban Properties LLC for the development of 13
single-family homes.
Detailed Summary: The City Commission authorized the City Manager to negotiate a purchase
agreement at the March 7, 2018 Commission meeting.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the request to execute the purchase agreement for the sale of
the property formerly known as 1251 8th St.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
REAL ESTATE PURCHASE AGREEMENT
This Real Estate Purchase Agreement (“Agreement”) has been made as of April 27, 2021
(“Effective Date”), by the City of Muskegon, a Michigan municipal corporation, of 933 Terrace
Street, Muskegon, Michigan 49440 (“City”) and West Urban Properties LLC (“Dusendang”), of 3265
Walker Avenue Suite D, Grand Rapids, MI 49544, with reference to the following facts:
Background
A. City owns the vacant real property located in the City of Muskegon previously known
as 1251 8th St (now split into 13 separate parcels; 619, 625, 631, 637, 643, 649, 655, 661, 667, 673,
679, 685 and 691 W Webster Ave), Muskegon, Michigan 49440, and legally described on Exhibit A,
together with all improvements, fixtures, easements, hereditaments, and appurtenances associated
with the real estate (the “Property”).
Therefore, for good and valuable consideration, the parties agree as follows:
1. Sale and Purchase of Premises. City agrees to sell to Dusendang, and Dusendang
agrees to purchase from City, on the terms and subject to the conditions set forth in this Agreement,
the Premises.
2. Purchase Price; Payment. The purchase price for the Premises shall be $5,000 (the
“Purchase Price”), payable at Closing (as defined below) in immediately available funds. Dusendang
shall pay the full Purchase Price, including any adjustments and/or prorations contained herein, to
City at Closing in certified funds upon execution and delivery of a quit claim deed.
3. Construction Dates. Construction shall commence prior to May 1, 2021 and be
completed by May 1, 2023. For purposes of this paragraph, commencing construction means
furnishing labor and materials to the Premises and beginning installation of the approved building
foundations for the Project depicted in Exhibit B. Completing construction means the issuance of an
occupancy permit by the City of Muskegon for the approved Project. In the event Dusendang is
unable to commence construction by May 1, 2021 or complete construction prior to May 1, 2023,
Dusendang shall promptly notify City and the City shall have the option of granting an extension or
terminating this Agreement.
4. City’s Option to Purchase or Sell the Premises upon Termination. Upon the
termination of this Agreement pursuant to Section 3, City shall have the option to purchase the
Premises, including all improvements thereon. If the Project has been commenced at the time of the
exercise of the option, City may, but shall have no obligation to, complete the Project at its own cost
and expense or sell it to another party for purposes of completing the Project. With regard to City’s
purchase of the Premises pursuant to this Section:
a. The purchase price for the Premises, including all improvements thereon,
shall be $35,000 plus the lesser of (i) one half of the actual cost of all construction performed
by Dusendang on the Premises, or (ii) one half of the appraised value of the Project,
excluding the Premises, as of the date of the termination notice as determined by a qualified
appraiser selected by City in its sole discretion.
b. City’s option shall be exercisable at any time within 30 days following the date
of the termination notice.
1
c. Within 10 days after City has exercised its option, Dusendang shall deliver to
City, at Dusendang's expense, a commitment for issuance of an ALTA owner's policy of title
insurance, with standard exceptions, in the amount of the purchase price of the Property
showing City as the proposed insured, subject only to use restrictions and utility easements of
record, and such liens and encumbrances that will be discharged at closing. If the evidence
of title or any survey discloses that marketable title of record is not vested in Dusendang, or if
there exists encumbrances on the Premises other than use restrictions and utility easements
of record, City may apply any portion of the proceeds payable to Dusendang to curing any
such deficiencies or obtaining the release and discharge of such encumbrances. If the
encumbrances to title are not curable or dischargeable by the application of proceeds, City
may rescind the exercise of its option by written notice to Dusendang.
d. Should City exercise its option, Dusendang shall be responsible for payment
of all real estate taxes pertaining to the Premises for which a tax statement has been issued
prior to the date of closing, without proration. All tax statements issued subsequent to the
date of closing shall be City’s responsibility.
e. The closing of the sale following the exercise of City’s option shall take place
at a reasonable time and location mutually acceptable to Dusendang and City in Muskegon
County, Michigan, after the title evidence provided for herein has been approved by City. In
no event, however, shall closing be delayed beyond 30 days from the receipt by City of the
title evidence provided for herein, unless such delay shall be due to a defect in title that City
has granted Dusendang further time to cure.
f. Following the termination of this Agreement, City shall have the right, but not
the obligation, to have it or its designee be assigned the rights, and assume the obligations,
of Dusendang under contracts in respect of services in connection with the development or
construction of the Project.
5. Title Policy and Survey.
a. Within 5 days after the Effective Date, Dusendang shall order a title
commitment for an extended coverage ALTA owner’s policy of title insurance issued by
Transnation Title Agency (the “Title Company”) for the Premises in the amount of the
Purchase Price and bearing a date later than the Effective Date, along with copies of all of the
underlying documents referenced therein (the “Title Commitment”). Dusendang shall cause
the Title Company to issue a marked-up commitment or pro forma owner’s policy with
respect to the Premises at the Closing naming Dusendang as the insured and in form and
substance satisfactory to Dusendang, but subject to the Permitted Exceptions (defined
below). As soon as possible after the Closing, Dusendang shall cause the Title Company to
furnish to Dusendang an extended coverage ALTA owner’s policy of title insurance with
respect to the Premises (the “Title Policy”). Dusendang shall be responsible for the cost of the
Title Policy and any endorsements to the Title Policy that Dusendang desires.
b. Dusendang may order at its sole cost an ALTA/ACSM Land Title Survey of
the Premises in accordance with the most current ALTA Standards (the “Survey”), certified to
Dusendang and to the Title Company.
c. City, at its expense, shall prior to Closing complete the division of the Property
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so that the Premises is a separately identified tax parcel.
6. Title Objections. Dusendang shall have until the end of the Inspection Period (as
defined below) within which to raise objections to the status of the City’s title to the Premises or
matters shown on the Survey. If objection to the title and/or Survey is made, City shall have 7 days
from the date it is notified in writing of the particular defects claimed to either (a) remedy the
objections or (b) notify Dusendang that it will not remedy the objections. If Dusendang does not notify
City in writing as to any title or survey objections, then Dusendang will be deemed to have accepted
the condition of title and survey as set forth in the Title Commitment and Survey. If City is unwilling or
unable to remedy the title and/or survey defect or obtain title insurance over such defects within the
time period specified, then notwithstanding anything contained herein to the contrary, Dusendang
may, at its option, upon written notice to City, either (i) terminate this Agreement, or (ii) waive such
objection, in which case such objection shall become a Permitted Exception, and thereafter proceed
to the Closing according to the terms of this Agreement. Any matter disclosed on the Title
Commitment or the Survey which is waived or not objected to by Dusendang shall be deemed a
“Permitted Exception.” The foregoing notwithstanding, no mortgage, monetary encumbrance, lien
(except the lien of real estate taxes not yet due and payable) or tenancy right shown on the Title
Commitment shall be considered a Permitted Exception, and City shall discharge of record all
monetary encumbrances, liens, and tenancy rights affecting the Premises at or prior to Closing.
7. Property Taxes and Assessments. City shall be responsible for the payment of all
real estate taxes and assessments that become due and payable prior to Closing, without proration.
Dusendang shall be responsible for the payment of all real estate taxes and assessments that
become due and payable after Closing, without proration.
8. Inspection Period. At Dusendang’s sole option and expense, Dusendang and
Dusendang’s agents may conduct inspections of the Premises within 30 days after the Effective Date
(“Inspection Period”). Dusendang’s inspection under this Section may include, by way of example but
not limitation, inspections of any existing improvements to the Premises, other systems servicing the
Premises, zoning, and the suitability for Dusendang’s intended purposes for the Premises. If
Dusendang, in Dusendang’s sole discretion, is not satisfied with the results of the inspections for any
reason, Dusendang shall notify City in writing of Dusendang’s dissatisfaction within 3 business days
after the expiration of the 30-day Inspection Period. If Dusendang so notifies City, this Agreement
shall be terminated and have no further force and effect. If no written objection is made by
Dusendang within the stated period, this inspection contingency shall be deemed to be waived by
Dusendang and the parties shall proceed to closing in accordance with the terms of this Agreement.
9. Condition of Premises. Dusendang understands and agrees that the Premises are
taken “AS IS” subject only to the representations and warranties set forth in this Agreement.
Dusendang represents that by closing on the purchase of the Premises, Dusendang will be
purchasing the Premises as a result of its inspection and investigation of the Premises and that
Dusendang is satisfied with the condition of the land and improvements thereon. Dusendang further
represents and warrants that it is not purchasing the Premises based on any representations made
by or on behalf of City except as specifically set forth in this Agreement. No implied warranties of
habitability, quality, condition, fitness for a particular purpose, or any other implied warranties shall
operate between City and Dusendang, and Dusendang expressly waives any and all such implied
warranties.
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10. City’s Representations and Warranties.
a. Authority. City is a Michigan municipal corporation duly organized, validly
existing, and in good standing under the laws of the State of Michigan.
b. Litigation. There is no litigation or proceeding either pending or, to the best of
City’s knowledge without independent inquiry, threatened against or relating to the Premises
in any judicial, quasi-judicial or administrative forum.
c. Violations. To the best of City’s knowledge without independent inquiry,
except as disclosed in writing to, and accepted by Dusendang, there are, and shall be, no
uncured violations including, without limitation, environmental violations, of any laws,
ordinances, orders, regulations, rules, or requirements of any governmental authority,
affecting the Premises or any part thereof.
d. Environmental. To the best of City’s knowledge without independent inquiry,
no toxic or hazardous substance or waste as defined in any federal, state or local
environmental law, ordinance, rule or regulation have been used, stored, generated,
recycled, treated, released, spilled, discharged or otherwise disposed of on, in, under, or
otherwise affecting the Premises. To the best of City’s knowledge without independent
inquiry, City has not received any notice from any applicable governmental entity of the
potential or actual existence of any hazardous substance on, in, under, adjacent to, or
otherwise affecting the Premises.
e. No Violation of Law. The performance of this Agreement by City will not be
in violation of any laws, statutes, local ordinances, state or federal regulations, court or
administrative order, or ruling, nor is the performance of this Agreement in violation of any
loan document’s conditions or restrictions in effect for financing, whether secured or
unsecured.
11. Dusendang’s Representations and Warranties.
a. Authority. Dusendang is a limited liability corporation. Dusendang has the
power and authority to enter into and perform Dusendang’s obligations under this Agreement.
b. Litigation. No judgment is outstanding against Dusendang and no litigation,
action, suit, judgment, proceeding, or investigation is pending or outstanding before any
forum, court, or governmental body, department or agency or, to the knowledge of
Dusendang, threatened, that has the stated purpose or the probable effect of enjoining or
preventing the Closing.
c. Bankruptcy. No insolvency proceeding, including, without limitation,
bankruptcy, receivership, reorganization, composition, or arrangement with creditors,
voluntary or involuntary, affecting Dusendang or any of Dusendang's assets or properties, is
now or on the Closing Date will be pending or, to the knowledge of Dusendang, threatened.
d. Sufficient Funds. Dusendang will have sufficient funds to pay the Purchase
Price at Closing.
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12. Conditions Precedent. This Agreement and all of the obligations of Dusendang
under this Agreement are, at Dusendang’s option, subject to the fulfillment, before or at the time of
the Closing, of each of the following conditions:
a. Representations and Warranties True at the Closing. The
representations, covenants, and warranties of City contained in this Agreement shall be true
in all material respects at the time of the Closing.
b. Performance. The obligations, agreements, documents, and conditions
required to be signed and performed by City shall have been performed and complied with
before or at the date of the Closing.
c. Lot Division. City has completed the division of the Property so that the
Premises are a separate tax parcels.
d. City Commission Approval. This Agreement is approved by the Muskegon
City Commission.
13. Default.
a. By Dusendang. In the event Dusendang fails to comply with any or all of the
obligations, covenants, warranties, or agreements under this Agreement and such default is
not cured within 10 days after receipt of notice (other than Dusendang’s failure to tender the
purchase price in full at Closing, a default for which no notice is required), then City may
terminate this Agreement.
b. By City. In the event City fails to comply with any or all of the obligations,
covenants, warranties or agreements under this Agreement, and such default is not cured
within 10 days after receipt of notice, then Dusendang may either terminate this Agreement
or Dusendang may pursue its legal and/or equitable remedies against City including, without
limitation, specific performance.
14. Closing.
a. Date of Closing. Unless the parties otherwise mutually agree, the Closing
shall be held no later than 10 days after Dusendang provides written notification to City that
all of the requirements set forth in Section 12 have been fulfilled to the full satisfaction of
Dusendang, but no later than _July 27, 2021, unless this Agreement is terminated in
accordance with its provisions (“Closing”).
b. Costs. The costs associated with this Agreement and the Closing shall be
paid as follows: (i) City shall pay any state and county transfer taxes in the amount required
by law; (ii) City shall pay the premium for the owner’s policy of title insurance, provided that
Dusendang shall pay for endorsements to the Title Policy which Dusendang desires; (iii) City
shall be responsible to pay for the recording of any instrument that must be recorded to clear
title to the extent required by this Agreement; (iv) Dusendang shall pay for the cost of
recording the deed; and (v) City and Dusendang shall pay equally any Closing fees charged
by the Title Company.
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c. Deliveries. At Closing, City shall deliver a quit claim deed for the Premises
and Dusendang shall pay the balance of the purchase price. The parties shall execute and
deliver such other documents reasonably required to effectuate the transaction contemplated
by this Agreement.
15. Real Estate Commission. Dusendang and City shall each be responsible for any
fees for any real estate agents, brokers, or salespersons regarding this sale that it has hired, but shall
have no obligation as to any fees for any real estate agents, brokers, or salespersons regarding this
sale that the other party has hired.
16. Notices. All notices, approvals, consents and other communications required under
this Agreement shall be in writing and shall be deemed given: (i) when delivered in person; (ii) when
sent by fax or email: (iii) when sent by a nationally-recognized receipted overnight delivery service
with delivery fees prepaid; or (iv) when sent by United States first-class, registered, or certified mail,
postage prepaid. The notice shall be effective immediately upon personal delivery or upon
transmission of the fax or email; one day after depositing with a nationally recognized overnight
delivery service; and five days after sending by first class, registered, or certified mail.
Notices shall be sent to the parties as follows:
To City: City of Muskegon
Attn.: Frank Peterson, City Manager
933 Terrace Street
Muskegon, MI 49440
w/ copy to: Parmenter Law
Attn.: John C. Schrier
601 Terrace Street, Suite 200
Muskegon, Michigan 49440
Email: [email protected]
To Dusendang: Dave Dusendang
________________________
Email: [email protected]
17. Miscellaneous.
a. Governing Law. This Agreement will be governed by and interpreted in
accordance with the laws of the state of Michigan.
b. Entire Agreement. This Agreement constitutes the entire agreement of the
parties and supersedes any other agreements, written or oral, that may have been made by
and between the parties with respect to the subject matter of this Agreement. All
contemporaneous or prior negotiations and representations have been merged into this
Agreement.
c. Amendment. This Agreement shall not be modified or amended except in a
subsequent writing signed by all parties.
d. Binding Effect. This Agreement shall be binding upon and enforceable by
the parties and their respective legal representatives, permitted successors, and assigns.
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e. Counterparts. This Agreement may be executed in counterparts, and each
set of duly delivered identical counterparts which includes all signatories, shall be deemed to
be one original document.
f. Full Execution. This Agreement requires the signature of all parties. Until
fully executed, on a single copy or in counterparts, this Agreement is of no binding force or
effect and if not fully executed, this Agreement is void.
g. Non-Waiver. No waiver by any party of any provision of this Agreement shall
constitute a waiver by such party of any other provision of this Agreement.
h. Severability. Should any one or more of the provisions of this Agreement be
determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
enforceability of the remaining provisions of this Agreement shall not in any way be impaired
or affected.
i. No Reliance. Each party acknowledges that it has had full opportunity to
consult with legal and financial advisors as it has been deemed necessary or advisable in
connection with its decision to knowingly enter into this Agreement. Neither party has
executed this Agreement in reliance on any representations, warranties, or statements made
by the other party other than those expressly set forth in this Agreement.
j. Assignment or Delegation. Except as otherwise specifically set forth in this
Agreement, neither party shall assign all or any portion of its rights and obligations contained
in this Agreement without the express or prior written approval of the other party, in which
approval may be withheld in the other party's sole discretion.
k. Venue and Jurisdiction. The parties agree that for purposes of any dispute
in connection with this Agreement, the Muskegon County Circuit Court shall have exclusive
personal and subject matter jurisdiction and that Muskegon County is the exclusive venue.
CITY: DUSENDANG:
CITY OF MUSKEGON
By: _______________________________ By: _______________________________
Name: Stephen J Gawron Name: Dave Dusendang
Title: Mayor Title: _____________________________
Dated: __________________, 2021 Dated: __________________, 2021
By: _______________________________
Name: Ann Marie Meisch
Title: City Clerk
Dated: __________________, 2021
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Exhibit A
Legal Description
The following described premises are situated in the City of Muskegon, County of Muskegon, State
of Michigan:
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Exhibit B
The Project
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 27, 2021 Title: Exemption of New Personal Property
– MH Solar LLC
Submitted By: Mike Franzak Department: Planning
Brief Summary: Pursuant to Public Act 328 of 1998, as amended, MH Solar LLC, has requested an exemption
of new personal property for the equipment to be installed as part of the solar project at the arena.
Detailed Summary:
The City will forgo 100% of the personal property taxes on the equipment installed at the arena for
the length of the abatement. Staff recommends an abatement length of 25 years.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the request for an exemption of new personal property
pursuant to Public Act 328 of 1998.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR EXEMPTION OF NEW PERSONAL PROPERTY UNDER PA
328 OF 1998
MH Solar LLC at 470 W Western Ave
WHEREAS, the City Commission of the City of Muskegon established a Downtown Development Authority as
required under PA 328 of 1998 after a public hearing held on December 27, 1988; and
WHEREAS, the applicant MH Solar LLC meets the definition of an “Eligible Business” as defined by PA 328 of
1998 and is engaged primarily in solar at the location of 470 W Western Ave, Muskegon, MI; and
WHEREAS, the new personal property was not placed in the facility within the qualified district prior to approval
of the exemption by the City Commission of the City of Muskegon; and
WHEREAS, the applicant MF Solar LLC is not delinquent on any taxes related to the facility, including taxes owed
on existing personal property; and
WHEREAS, the exemption of new personal property for MF Solar shall have the effect of increased employment
for the City of Muskegon.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Muskegon
Be and hereby is granted a New Personal Property Exemption for personal property, placed in
the facility after this resolution, located in the Downtown Development Authority at 470 W
Western Ave, Muskegon, MI for a period of 25 years, beginning December 31, 2021), and ending
December 30, 2045, pursuant to the provisions of PA 328 of 1998, as amended.
Adopted this 27th Day of April 2021.
Ayes:
Nays:
Absent:
BY: __________________________________
Stephen J. Gawron
Mayor
ATTEST: __________________________________
Ann Meisch
Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon City
Commission, County of Muskegon, Michigan, at a regular meeting held on April 27, 2021.
______________________________
Ann Marie Becker
Clerk
NEW PERSONAL PROPERTY EXEMPTION AGREEMENT
Per P.A. 328 of 1998
MCL 211.9f
NEW PERSONAL PROPERTY EXEMPTION LETTER OF AGREEMENT:
This agreement between MH Solar LLC and the City of Muskegon is for the purpose of fulfilling the
requirements of P.A. 328 of 1998 (MCL 211.9f). In consideration of approval of this exemption, MH Solar
LLC understands that through its investment of new personal property, and the City of Muskegon, by its
granting of the exemption, are mutually investing in and benefiting from this economic development project,
and, furthermore, agree to the following:
I. The exemption subject to this agreement, and granted under MCL 211.9f, is revoked if MH Solar LLC
is determined to be in violation of the provisions of this agreement.
II. MH Solar may be required to repay all or part of the personal property taxes exempted under MCL
211.9f if MH Solar LLC is determined to be in violation of the provisions of this agreement.
III. The exemption subject to this agreement, and granted under MCL 211.9f, is revoked if the eligible
business is determined to be in violation of the provisions concerning the exemption set forth in the
resolution adopted by the City of Muskegon.
IV. The exemption subject to this agreement, and granted under MCL 211.9f, is revoked if continuance of
the exemption would be contrary to any of the requirements of MCL 211.9f, including, but not limited
to, the requirement that the eligible business be an eligible business or an acquiring eligible business
under MCL 211.9f .
This agreement is assignable and transferable by either party with advance written consent. The agreement
may only be altered upon mutual consent of both parties.
____________________________ ________
Company Official Date
____________________________ ________
Local Unit of Government Date
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 4/27/21 Title: Lot sales Hudson/Dowd
(tabled on 4/13/2021)
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request to sell the properties at 2172 Dowd St, 2182 Dowd St, 2169 Hudson St
and 2171 Hudson St to Urban Ventures of West Michigan, LLC for the construction of eight (8)
duplexes.
Detailed Summary:
Agreement breakdown:
The Buyer will be responsible for the removal of the tower, fence, etc. that is located at 2172 Dowd St.
The Buyer is to pay $24,000 toward sewer hookup fees. The Buyer is offered a One Hundred Percent
(100%) reduction on the costs associated with water hookups.
The Buyer may be reimbursed for costs associated with site improvements necessary to develop the
properties, not to exceed $24,000. These costs may include things such as surveys, environmental
work, tower/shed/fence/planting removal, etc.
The Buyer will be reimbursed One Hundred Percent (100%) of the purchase price upon complete
development of the properties. The Buyer will be reimbursed $2,868.75 each time a duplex receives a
Certificate of Occupancy.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the request to sell the properties at 2172 Dowd St, 2182
Dowd St, 2169 Hudson St and 2171 Hudson St to Urban Ventures of West Michigan, LLC
Check if the following Departments need to approve the item first:
Police Dept.
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made April 27, 2021, by and between the CITY OF
MUSKEGON, a Municipal Corporation, of 933 Terrace St., Muskegon, Michigan 49440
("Seller"), and URBAN VENTURES OF WEST MICHIGAN LLC, a Michigan Limited
Liability Company, of 875 Oak Ridge Rd., Muskegon, MI 49441 ("Buyer").
1. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property located in the City of Muskegon, Muskegon County, Michigan ("Premises"),
and specifically described as:
1) 2172 Dowd St. Parcel # 61-24-365-000-0001-00:
CITY OF MUSKEGON SEC 36 T10N R16W GLEN VIEW RESUB THE WEST 1/2
OF NORTH 107.07 FEET OF LOT 1 GLEN VIEW.
2) 2184 Dowd St. Parcel # 61-24-365-000-0001-20:
CITY OF MUSKEGON SEC 36 T10N R16W GLEN VIEW RESUB THE WEST 1/2
OF SOUTH 87.07 FEET OF LOT 1 GLEN VIEW.
3) 2169 Hudson St. Parcel # 61-24-365-000-0001-10:
CITY OF MUSKEGON SEC 36 T10N R16W GLEN VIEW RESUB THE EAST 1/2 OF
NORTH 107.07 FEET OF LOT 1 GLEN VIEW.
4) 2171 Hudson St. Parcel # 61-24-365-000-0001-30:
CITY OF MUSKEGON SEC 36 T10N R16W GLEN VIEW RESUB THE EAST 1/2 OF
SOUTH 87.07 FEET OF LOT 1 OF GLEN VIEW.
Subject to the reservations, restrictions, and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Twenty-Two Thousand Nine Hundred Fifty no/100 Dollars ($22,950.00), payable in
cash or wire transfer to Transnation Title Insurance Company.
3. Taxes and Assessments. All taxes and assessments that are due and payable at
the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments that become due and payable after Closing shall be the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to the Buyer, ten (10) days prior to
closing, a commitment for title insurance, issued by Transnation Title Insurance Company, for an
amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable,
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
unreasonableness of restriction and such unmarketability of title, to remedy such objections. If
Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or
otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (10) days of written notification thereof. If Seller fails to resolve such restrictions or
remedy the title within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated at Buyer's option. The premium for the owner's title policy shall
be paid by Seller.
5. Covenant to Construct Improvements and Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees to construct eight (8)
duplexes on the premises herein conveyed within two (2) years after the date of closing. In
default of such construction, title to the premises shall revert to the City of Muskegon free and
clear of any claim of Grantee or its assigns. In addition, the City of Muskegon may retain the
consideration for this conveyance free and clear of any claim of Grantee or its assigns.
"Complete construction" means: (1) issuance of all residential building permits by the City of
Muskegon; and, (2) in the sole opinion of the City of Muskegon's Director of Inspections,
substantial completion of the residential development described in the said building permits. In
the event of reversion of title of the above-described premises, improvements made thereon shall
become the property of Grantor, without any compensation or credit to the Buyer. These
covenants and conditions shall run with the land.
The Buyer will be responsible for the removal of the tower, fence, etc. that is located at
2172 Dowd St.
Due to the development of eight (8) duplexes; the Buyer is to pay $24,000 toward sewer
hookup fees. The Buyer is offered a One Hundred Percent (100%) reduction on the costs
associated with water hookups.
The Buyer may be reimbursed for costs associated with site improvements necessary to
develop the properties, not to exceed $24,000.
The Buyer will be reimbursed One Hundred Percent (100%) of the purchase price upon
complete development of the properties. The Buyer will be reimbursed $2,868.75 each time a
duplex receives a Certificate of Occupancy.
6. Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this Purchase Agreement and paying the cost of such survey. Buyer may elect to
purchase the Premises subject to said encroachment or variation.
7. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED
THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE
BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING
PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT
DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER
KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER
WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUBSTANCES ARE
FOUND.
8. Closing. The closing date of this sale shall be held 90 days from City
Commission approval of the sale, more specifically on or before July 13, 2021 ("Closing"). The
Closing shall be conducted at Transnation Title Insurance Company, 570 Seminole Rd. Ste 102,
Muskegon, Michigan 49444. If necessary, the parties shall execute an IRS closing report at the
Closing.
9. Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.
10. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
11. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
12. Costs. Seller shall be responsible to pay the Michigan transfer tax, if any, in the
amount required by law. In addition, Seller shall be responsible to pay for the recording of any
instrument that must be recorded to clear title to the Premises, to the extent required by this
Agreement.
Buyer shall pay for the cost of recording the deed to be delivered at Closing.
Seller and Buyer shall split the closing costs.
13. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as
plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this Agreement,
which alone fully and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e. Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
g. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the Closing and continue in full force and effect after
the consummation of this purchase and sale.
h. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day and year first
above written.
WITNESSES: SELLER: CITY OF MUSKEGON
_______________________________ By_____________________________________
Stephen Gawron, Its Mayor
_______________________________ By ____________________________________
Ann Marie Meisch, MMC, Its Clerk
BUYER:
_______________________________ By_____________________________________
Stephen Benedict, Its Member
_______________________________ By ____________________________________
Thomas A Serio, Its Member
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 27, 2021 Title: Parking Revenue – Park Upgrades
Submitted By: Mayor Gawron Department: Mayor’s Office
Brief Summary: Mayor Gawron is asking that the City Commission consider redirecting the beach parking
revenue away from the proposal for expanded parking lot at Pere Marquette Park.
Detailed Summary:
The City Commission previously approved $798,070.71 to improve parking and pedestrian access to Pere
Marquette Park. Additionally, staff solicited a change order from the contractor to upgrade the proposed
asphalt walking/biking path to concrete to address citizen concern about hot asphalt; that change order would
have increased the project budget to approximately $1 Million.
After hearing significant community concern about the improvements and resulting complications in adding this
work to the County Contract the Mayor has conferred with staff to recommend that the project would be a
better fit in a subsequent funding cycle as a standalone city project. In the meantime, to ensure that the parking
receipts are expended as originally intended, we are recommending that the original planned investment of
$1M be redirected and deployed during 2021 to other parks within the City.
In 2019, staff presented a citywide plan to invest in 15+ parks, including both Beukema Park and Reese Playfield.
To that end, we request that the Commission authorize staff to develop a proposal for $900,000 worth of
improvements to Reese and Beukema Parks during the 20-21 and 21-22 Fiscal Years utilizing the Beach Parking
revenue proceeds.
I further requesting that the Commission authorize staff to develop a proposal to expend approximately
$100,000 to convert the original project scope at PM Park into a standalone project and proceed with obtaining
community input as well as the necessary permits; to contract with Consumers Energy to complete utility
relocations at the park for improved site lines; and to complete the previously identified tree plantings at PM
Park to allow for the trees to become established and be more substantial by the time the project is pursued at
a later date.
Staff has confirmed that they can be prepared to present a preliminary proposal for Reese and Beukema at the
May work session, an updated proposal for other items would likely be ready for the June work session.
Amount Requested: $1,000,000 Amount Budgeted: $0
Fund(s) or Account(s): 101-92106 Fund(s) or Account(s): 101-92106
Recommended Motion: Rescind the prior approval of Bulletin #3 pricing on the Beach Street project in
partnership with Muskegon County and direct staff to develop a proposal for $900,000 of improvements at
Beukema Park and Reese Playfield and $100,000 to develop a proposal for advancement of the
improvements at Pere Marquette Park as a standalone City project.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 27, 2021 Title: Special Event Fee Waiver-Americorp
Senior Volunteers Recognition Event
Submitted By: Ann Meisch Department: City Clerk
Brief Summary: Catholic Charities West Michigan/Americorp is seeking a Special Event Fee
Waiver for their volunteer recognition event on June 4, 2021.
Detailed Summary: Americorp wants to recognize their volunteers with a small event at Hackley
Park. They want to reserve Hackley Park and all of the picnic tables in the park for their event.
They are asking their City fees be waived for 2021. Based on the needs of their event, their fees
will total $600 ($500 Hackley Park use fee and $100 application fee).
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: Approve/approve in part/deny the request from Catholic Charities West
Michigan/Americorp to waive the $600 in special event fees for the Senior Volunteers Recognition
event in 2021.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 4/27/2021 Title: Community enCompass Development
Agreement Amendment
Submitted By: Jake Eckholm Department: Economic Development
Brief Summary: The lot at 1259 Sanford has been removed from the agreement, and an alternative
city owned lot will take its place to be determined by city staff.
Detailed Summary: The Muskegon County Land Bank elected to not execute the purchase
agreement for 1259 Sanford that was previously approved. The prices for materials and the homes
keeps increasing on the manufacturer side and we need to execute the development agreement
soon, so staff is recommending that the agreement be amended with language to add a third city
owned lot that will be determined during project implementation. The city has many lots still
available in the McGlaughlin and Jackson Hill neighborhoods that would suit the single family
housing design, but we have not cleared title on a specific one to add to this agreement as of yet.
Approving the development agreement amendment and giving staff latitude will help ensure that
we complete these affordable homes in this building season, deliver the most units possible within
the budget, and also keep the project on track financially by allowing us to move forward with the
unit purchases before we are exposed to further material price increases.
Amount Requested: $0 Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Motion to approve the amended development agreement as presented.
For City Clerk Use Only:
Commission Action:
RESIDENTIAL CONSTRUCTION AGREEMENT
This Agreement is effective on __________________, 2020 (“Effective Date”) between
Community encompass, of 19 Hartford Ave, Muskegon, MI 49442_ (“Builder”) and
THE CITY OF MUSKEGON of 933 Terrace Street, Muskegon, MI 49440 (“Owner”) with reference to
the following facts:
Background
Builder and Owner (individually, a “Party” or collectively, “Parties”) agree that Builder shall
construct three (3) single family residences (the “Residences”) for Owner on the terms and conditions set
forth in this Agreement and in the general conditions attached as Exhibit A (“General Conditions”).
The parties agree as follows:
1. Building Site. Owner owns the building site located on the real estate located at
180 Houston Street, 1141 Jefferson Street, and 1259 Sanford Street a residential lot to be determined
by Owner, and legally described on Exhibit B (the “Property”). Owner has agreed to hire Builder to
build the Residences on the Property.
2. The Residences. Builder shall build the Residence in accordance with the plans and
specifications attached as Exhibit C (the “Plans”).
3. Price. The price for constructing the Residences shall be Five Hundred-Seventy Thousand
Dollars ($570,000) (“Price”).
4. Estimated Completion Date. Builder shall commence construction of the Residence within
30 days from the Effective Date (“Commencement Date”). Builder shall complete the Residence
within _20_ weeks of the Commencement Date (“Completion Date”).
5. General Conditions. Owner and Builder agree to all of the General Conditions attached to
this Agreement as Exhibit A.
Builder –______________
By: ________________________________
Name: ________________________________
Title: ________________________________
Date: ________________________________
Owner –THE CITY OF MUSKEGON
By: ________________________________
Name: ________________________________
Title: ________________________________
Date: ________________________________
EXHIBIT A
GENERAL CONDITIONS
1. Payment of the Price. The Price shall be paid in accordance with the following schedule
(“Payment Schedule”):
a. Foundation installed..............................….... 20% of the Price
b. Mechanicals installed..........................….... 40% of the Price
c. Certificate of Occupancy..................…....... 30% of the Price
d. Completion of Punch List Items………….. 10% of the Price
2. Costs Included in Price. Unless excluded by Section 3 or adjusted as set forth in
Sections 4 or 5, the Price is fixed and includes all cost of labor and materials purchased, including
all sales taxes incurred by Builder, for complete construction of the Residence. Price is not based
on allowances or estimates of costs for items to be added to the Residence. The Price includes:
a. A security system;
b. A driveway
c. Curb cut (Builder may use existing curb cut unless damaged);
d. Sod/seed over the entire front, back and side yards;
e. A street tree;
f. A small landscape package along each side of the Residence with street frontage;
g. Edging and mulch;
3. Costs Excluded From Price. Owner shall be responsible for each of the following items
and the cost of each item shall be excluded from the Price and the sole responsibility of Owner:
a. Lot Lines. Prior to the Commencement Date Owner shall own the Property with new
lot lines established as depicted on the Site Plan.
b. Site Preparation. Prior to the Commencement Date, Owner will prepare the Property
for construction of the Residence, including the removal of the following:
i. existing fences;
ii. community garden;
iii. existing sidewalks; and,
iv. debris.
c. Water and Sewer Leads. Owner will provide water and sewer leads to the Residence.
d. Permit and Connection Fees. Owner shall be responsible for any municipal permits,
connection fees, tap fees or assessments, including sewer and water connection fees.
e. Site Variance. Any abnormal site conditions discovered during excavation will be
communicated to Owner along with an estimated cost to proceed with construction.
Examples include such items as buried debris, bad soils, or rear yard drainage constraints.
Any additional site work required will be corrected by Owner unless Owner authorizes
Builder to correct any site variance issues in writing and the appropriate Change Order is
fully executed.
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f. Damaged Curb Cuts. Any damaged curb cuts will either be approved for use or
removed by Owner.
g. Irrigation. Irrigation can be added for $3,000, provided the appropriate Change Order
is fully executed.
h. Future Security System Service Fees. Ongoing monitoring service fees will be the
responsibility of Owner or subsequent owner.
4. Modifications/Extras. No modifications to the Plans (“Modifications”) or requests for
additional construction (“Extras”), the cost of which exceed $200, shall be binding upon either party,
unless the Modifications or Extras are set forth on a written Change Order that is signed by Builder
and Owner in substantially the form as attached Exhibit E (“Change Order”). The Change Order must
provide a detailed description of the Modifications or Extras and the cost or credit to be charged. In
those instances where a Change Order increases or decreases the Price by more than $200 (“Adjusted
Price”), the Adjusted Price shall be paid according to the remaining portion of the Payment Schedule.
5. Minor Modifications. Builder and Owner may from time to time agree on minor
modifications, the cost for which is less than $200 (“Minor Modifications”). Minor Modifications
may only be made by agreement between Builder and Owner, provided such agreement need not be
in writing. The cost or credit for Minor Modifications shall be added to or credited against the Price
and paid according to the remaining portion of the Payment Schedule.
6. Payments, Sworn Statement and Lien Waivers. Payments required by the Payment
Schedule shall be made within 10 days of Builder’s invoice by Owner to Transnation Title Insurance
Company of 570 Seminole, Muskegon, Michigan 49441(the “Title Company”). Builder will deliver
to the Title Company a sworn statement showing all amounts due for labor and materials furnished in
connection with construction of the Residence or other improvements to the Property through the date
of Builder’s invoice together with waivers of lien showing all amounts from any previous draw have
been paid in full. The Title Company shall pay Builder per the Payment Schedule within 2 business
days of approval by the Title Company of the last sworn statement provided proper partial
unconditional waivers of lien from Builder and for each supplier and sub-contractor to whom
payment has been made are received and approved by the Title Company.
7. Possession. Owner shall be entitled to possession of the Residence upon payment of the Price
in full.
8. Extension of Dates. Any date may be extended by agreement of the Builder and Owner and
the Commencement Date and the Completion Date may be extended as a result of circumstances
beyond the control of Builder, including, but not limited to, delays caused by suppliers or
subcontractors, delays for utility hook-ups, Acts of God, labor disputes, governmental inspections,
regulations, or permit processes, material back orders, Owner’s requests for Change Orders, fire,
injury or disability to Builder, or weather.
9. Builder's Warranties. Builder shall complete the Residence and all improvements on the
Property timely and in a first class manner. All building materials used in the construction of the
Residence shall be new. Builder guarantees its workmanship for a period of 12 months from the date
of sale or lease of the Residence to a party other than Owner or 24 months from the date of the
Certificate of Occupancy, whichever first occurs (“Warranty Period”). This warranty is fully
transferable by Owner and may be assigned to a 3rd party. Within the Warranty Period, Builder may
replace, at its option, any materials incorporated into the Residence which are defective. To make a
claim under this warranty, Owner or its successor must give Builder written notice of any such defect
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in the workmanship and/or materials promptly upon discovery and not later than expiration of the
Warranty Period. This warranty does not apply to workmanship or materials requiring repair or
replacement because of normal wear and tear, natural settling or mold. Builder shall turn over and
transfer to Owner all manufacturers’ warranties that are delivered directly to Builder by the
manufacturer at the time of final payment by Owner. In addition to this warranty between Builder and
Owner and successors of Owner, Builder shall also provide to Owner and successors of Owner at no
cost to Owner the Ten Year Warranty for New Homes provided by Residential Warranty Company,
LLC attached as Exhibit F (“Long Term Warranty”). Nothing in the Long Term Warranty shall limit
the scope of the warranties provided by Builder to Owner or its successors.
10. Owner's Warranties. Owner covenants and warrants that Owner owns the Property in fee
simple, free and clear of all liens, except for those encumbrances specifically set forth on Exhibit G.
Owner shall provide evidence satisfactory to Builder, such as a commitment for title insurance issued
by the Title Company, which indicates such ownership. Owner shall locate the exact location of the
Residence on the Property. All corners of the Property and the Residence shall be clearly marked
with surveyor stakes. Owner covenants and agrees that such location is in compliance with all
applicable federal, state, and local rules and regulations, including, but not limited to, building
restrictions, set-back requirements and zoning ordinances.
11. License. Builder is a residential builder and a residential maintenance and alteration
contractor and is required to be licensed under article 24 of Act 299 of the Public Acts of 1980, as
amended, being sections 339.2401 to 399.2412 of the Michigan Compiled Laws. An electrician is
required to be licensed under Act No. 217 of the Public Acts of 1956, as amended, being sections
338.881 to 338.892 of the Michigan Compiled Laws. A Plumber is required to be licensed under Act
No. 266 of the Public Acts of 1929, as amended, being sections 338.901 to 338.917 of the Michigan
Compiled Laws. Builder is licensed by the State of Michigan as a licensed Michigan Contractor and
maintains its license in good standing. Builder's License number is 2101131848 respectively.
12. Laws, Ordinances and Regulations. In connection with the construction of the Residence,
Builder shall meet and comply with all applicable laws, ordinances, and regulations.
13. Notice of Commencement. Owner shall deliver a Notice of Commencement in accordance
with the Michigan Construction Lien Act within ten days of the Effective Date.
14. Risk of Loss. Until a Certificate of Occupancy is issued for the Residence the risk of loss for
the Residence lies solely with Builder. Provided, Owner shall be solely responsible for building
materials on Property and Owner shall reimburse Builder for the cost of building materials vandalized
or stolen from the Property.
15. Insurance. Builder shall procure and maintain an “all risk” insurance policy and shall name
Owner as an additional named insured. Builder shall maintain a policy of builder's insurance fully
insuring the Residence from the date construction commences until the date of substantial
completion. Owner may also maintain a policy of insurance on their interest in the Residence. Builder
shall also carry public liability insurance with coverage limits not less than $1,000,000 single-limit
coverage and worker's compensation insurance in an amount not less than the statutory minimum.
Such policies shall name Owner as an additional named insured. Builder shall provide Owner with
evidence of such insurance upon request. Owner and Builder waive all rights against each other for
damages caused by fire or other perils to the extent covered by insurance provided under this
paragraph.
16. Diligent Pursuit. Builder shall diligently pursue its obligations under this Agreement.
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17. Default. If either Party believes that the other Party has failed to comply with this
Agreement (“Default”), the non-defaulting Party shall provide the Defaulting Party not less than 10
days written notice of such non-compliance, a list of the non-defaulting Party’s specific complaints,
and a reasonable time within which the defaulting Party shall cure the Default (“Default Notice”). If
the defaulting Party fails to cure the Default within the period of time specified in the Default Notice,
the non-defaulting Party may pursue any and all remedies available, including specific performance
in that there may not be an adequate remedy at law. In addition, Owner may replace Builder with
another party to complete construction and may deduct from the Price any amount paid by Owner to
such third party to complete construction in accordance with the Plans. In the event either Party takes
any action to enforce this Agreement, the prevailing Party shall reimburse the other Party for all
expenses incurred by the prevailing Party, including attorney fees.
18. Cross Default. Contemporaneously with the execution of this Agreement, Owner and
Builder are entering into ____similar agreements for the construction of homes similar to the
Residence on each of the ______ lots depicted on the Site Plan (“Other Agreements”). Owner and
Builder agree that a default of this Agreement or any of the Other Agreements shall constitute a
default of all Other Agreements and this Agreement.
19. Dispute Resolution. Any claim or demand of either party arising out of this Agreement,
including without limitation, claims of fraud, misrepresentation, warranty or negligence and that
exceeds $5,500 in value shall be submitted to binding arbitration. The parties shall attempt to agree
on a mutually agreeable independent arbitrator. If the parties are unable to mutually agree on an
arbitrator, and arbitrator shall be selected in accordance with the rules of the American Arbitration
Association. The arbitration shall be conducted in accordance with the rules of the American
Arbitration Association, Home Construction Arbitration Rules and Mediation Procedures. A Circuit
Court judgment may render judgment upon the award made pursuant to this Agreement. This
Agreement is specifically made subject to and incorporates the provisions of the Michigan Arbitration
Act, MCL 600.5001 et seq. The cost of such arbitration shall be divided equally between both
parties. Neither Party shall be required to submit to arbitration any claim or demand of a value less
than $5,500.
20. Miscellaneous.
a. Authority to Bind Owner. No approval, agreement or consent and no document
signed in connection with this Agreement shall be binding on Owner unless made, given or
signed by Frank Peterson or Jake Eckholm.
b. Applicable Law. This Agreement is executed in, shall be governed by, and construed
and interpreted in accordance with the laws of the State of Michigan.
c. Entire Agreement. This writing shall constitute the entire Agreement, and shall
supersede any other Agreements, written or oral, that may have been made or entered into by the
parties with respect to the subject matter hereof, and shall not be modified or amended, except in
a subsequent writing signed by the party against whom enforcement thereof is sought.
d. Binding Effect. This Agreement shall be binding upon, inure to the benefit of, and be
enforceable by the parties and their respective legal representatives, successors, assigns, officers,
directors, employees, agents, heirs, executors, and administrators.
e. Full Execution. This Agreement requires the signature of both parties. Until fully
executed on a single copy or in counterparts, this Agreement is of no binding force or effect, and
if not fully executed, this Agreement is void.
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f. Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original as against any party whose signature appears thereon, and all
of which together shall constitute one and the same instrument. This Agreement shall become
binding upon the parties when one or more counterparts, individually or taken together, shall bear
the signatures of all parties.
g. Non-Waiver. No waiver by any party of any provision of this Agreement shall
constitute a waiver by such party of such provision on any other occasion or a waiver by such
party of any other provision of the Agreement.
h. Severability. Should any one or more of the provisions of this Agreement be
determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
enforceability of the remaining provisions shall not in any way be impaired or affected.
i. No Discrimination. Discrimination on the basis of religion, race, creed, color,
national origin, age, sex, marital status, or handicapped condition by either party in respect to the
construction of the Residence is prohibited.
j. Assignment or Delegation. Neither Builder nor Owner may assign all or any part of
this Agreement. Provided, that Builder may delegate all or any part of its obligations to perform
the services under this Agreement, to any persons or entities that Builder, in its sole discretion,
deems appropriate, including sub-contractors. Such delegation shall be at the sole expense of
Builder unless otherwise provided.
k. Notices. Any notices required or permitted to be given under this Agreement must be
in writing and sent to the address shown below (or such subsequent address as may be designated
by either party in writing) by certified mail, return receipt requested and postage prepaid, a
recognized courier service (Federal Express, UPS, or DHL), or by email with confirmation of
delivery received. The notice will be effective upon receipt.
To Builder:
19 Hartford Ave,
Muskegon, MI 49442
Attn: Kimi George
Phone: 231-728-3117
E-mail: [email protected]
To Owner:
City of Muskegon
933 Terrace Street
P.O. Box 536
Muskegon, MI 49443-0536
Attn: Jake Eckholm
Phone: 231-724-6780
Fax: 231-722-1214
E-mail: [email protected]
5
With a contemporaneous copy to:
Parmenter O'Toole
601 Terrace Street
P.O. Box 786
Muskegon, Michigan 49443-0786
Attn: John Schrier
Phone: 231-722-5401
Fax: 231-722-5501
Email: [email protected]
l. Time is of the Essence. Builder and Owner acknowledge and agree that the time
related provisions set forth herein are critical and essential terms of this Agreement and that time
is of the essence with regard to the transactions contemplated in this Agreement. Failure to
strictly comply with the time related provisions of this Agreement will be considered a breach of
the entire Agreement.
m. Pronouns. For convenience, Owner has been referred to this Agreement sometimes in
the singular and at other times in the plural.
n. Notice of Sale or Lease. Upon the sale or lease of the Residence by Owner to a third
party, Owner shall provide notice to Builder of such sale or lease and provide builder with all
contact information for the buyer/tenant, including a phone number and an email address.
6
EXHIBIT B
LEGAL DESCRIPTION
PIN: 61-24-205-352-0008-00
Address: 180 HOUSTON AVE
MUSKEGON, MI 49440
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 8 BLK 352
PIN: 61-24-205-364-0008-10
Address: 1141 JEFFERSON ST
MUSKEGON, MI 49440
CITY OF MUSKEGON REVISED PLAT OF 1903 S 68 FT LOT 8 BLK 364
PIN: 61-24-205-384-0007-20
Address: 1259 SANFORD ST
MUSKEGON, MI 49441
CITY OF MUSKEGON REVISED PLAT OF 1903 S 42 2/3 FT OF E 94 FT LOT 7 BLK 384
EXHIBIT C
PLANS AND SPECIFICATIONS
*FORMAL SITE PLANS SUBMITTED TO PLANNING DEPARTMENT*
EXHIBIT D
SITE PLAN
*FORMAL SITE PLAN SUBMITTED TO PLANNING DEPARTMENT*
EXHIBIT E
CHANGE ORDERS
Owner has requested, and Builder agrees to the following Modifications to the Plans with the
cost/credit set forth below:
MODIFICATION COST CREDIT ADJUSTED PRICE
Builder -
By: ________________________________
Name: ________________________________
Title: ________________________________
Date: ________________________________
Owner – THE CITYOF MUSKEGON
By: ________________________________
Name: ________________________________
Title: ________________________________
Date: ________________________________
EXHIBIT F
LONG TERM WARRANTY
EXHIBIT G
PERMITTED ENCUMBRANCES
__________________________________
RESIDENTIAL CONSTRUCTION AGREEMENT
OWNER
THE CITY OF MUSKEGON
BUILDER
COMMUNITY ENCOMPASS