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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 Page 1 of 2 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 Page 2 of 2 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 Page 1 of 17 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 Page 3 of 17 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 Page 7 of 17 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: cody@wmrum.com 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 CREDIT CARD AUTHORIZATION, YOU MUST PROVIDE AN Commission (MLCC). Receipt of payment and application forms by ITEMIZATION OF THE FEES FOR WHICH YOU ARE SUBMITTING LARA Revenue Services does not constitute receipt of an application PAYMENT OR YOUR PAYMENT WILL NOT BE PROCESSED. by the MLCC. Applications submitted through LARA Revenue Credit Card Payment Itemization: Services may take up to two (2) additional business days to be MLCC Fee Type Fee Amount Fee Code received by the MLCC after receipt by LARA Revenue Services. Inspection Fee(s): 4036 For requests that require a timely receipt of an application by the MLCC to be processed, such as Special Licenses and temporary Social District Permit Fee: 4081 requests, please ensure that your application will be received in adequate time to be processed by the MLCC after the payment is received and processed by LARA Revenue Services. LCC-300 (10-20) LARA is an equal opportunity employer/program. Auxiliary aids, services and other reasonable accommodations are available upon request to individuals with disabilities. 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 Leo.evans@shorelinecity.com 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 mmorphey@abonmarche.com. 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) Leo.evans@shorelinecity.com 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 kyle.baker@gwrr.com (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 Page 10 of 12 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 2 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. 3 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. 4 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. 5 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: john@parmenterlaw.com To Dusendang: Dave Dusendang ________________________ Email: dave@westurbanproperties.com 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. 6 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 7 Exhibit A Legal Description The following described premises are situated in the City of Muskegon, County of Muskegon, State of Michigan: 8 9 Exhibit B The Project 10 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. 1 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 2 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. 3 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. 4 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: Kimi@communityencompass.org 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: jake.eckholm@shorelinecity.com 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: john@parmenterlaw.com 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
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