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CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 14, 2021 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS, AWARDS, AND PRESENTATIONS:
□ PUBLIC COMMENT ON AGENDA ITEMS:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Financing 100-Foot Mid Mount Tower Ladder Truck Finance
C. Increase in General Fund Transfer to Mercy Health Arena and the Public
Service Building Finance
D. Western Avenue ADA Work Public Works
E. Extension of CHOP Contract Public Works
F. Laketon Trail Lighting Public Works
G. Police Cruiser Replacement Public Works
H. Special Event Fee Waiver Form Public Works
I. Sanford Street and Glenside Phase 2 Engineering Assistance Public
Works
J. Bulk Sticker Fee Adjustment Public Works
K. Amendment to the Floodplain Management Ordinance Planning
L. Sale – 239 Monroe Avenue Planning
M. ARP Infill Housing Program City Manager
N. Arena Buildout – Carlisle’s City Manager
O. Sale – 766 Leonard Economic Development
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P. Community Relations Committee Recommendations City Clerk
□ PUBLIC HEARINGS:
A. 2020 Consolidated Annual Performance Evaluation Report (CAPER)
Hearing Community and Neighborhood Services
B. Issuance of a Commercial Facilities Exemption Certificate – 441 W.
Western Avenue Planning
C. Issuance of a Commercial Facilities Exemption Certificate (New Facility) –
639 W Clay Avenue Planning
D. Issuance of a Commercial Facilities Exemption Certificate (Restored
Facility) – 639 W Clay Avenue Planning
E. Camcar Plastics IFT Public Hearing Economic Development
F. Sun Dolphin Drive Industrial Space IFT Transfer Public Hearing Economic
Development
G. Trace Analytical IFT Public Hearing Economic Development
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
□ ANY OTHER BUSINESS:
□ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► 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.
Page 2 of 2
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 14, 2021 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the August 24, 2021 Regular 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 MEETING
AUGUST 24, 2021 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, August 24, 2021, Mr.
George Munroe, Evanston Avenue Baptist Church, opened the meeting with a
prayer, after which the Commission and public recited the Pledge of Allegiance
to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners
Ken Johnson, Dan Rinsema-Sybenga, Teresa Emory, Willie German and Michael
Ramsey, Acting City Manager – Finance Director Ken Grant, City Attorney John
Schrier, and City Clerk Ann Meisch.
HONORS, AWARDS, AND PRESENTATIONS:
A. Introduction of New Farmers Market Manager City Clerk
The new Farmers Market Manager, Sam Birkenkamp, was introduced to the
Commission and he is excited to be part of the Farmers Market in Muskegon.
PUBLIC COMMENT ON AGENDA ITEMS: Public comments were received.
2021-78 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the August 9, 2021
Worksession and the August 10, 2021 Regular Meeting.
STAFF RECOMMENDATION: To approve the minutes.
B. Sale – 248 Monroe Avenue Planning
SUMMARY OF REQUEST: City staff is seeking authorization to sell the City-owned
home at 248 Monroe Avenue to Victoria L. Harthorn and Kim M. Harthorn.
The City constructed this house as part of the phase two of our infill housing
program. Our contract to construct the home was $164,470. We also
Page 1 of 15
anticipated $11,512 in sales commissions. The accepted purchase price is
$177,900. The City will not contribute funds toward closing costs.
STAFF RECOMMENDATION: Authorize the Code Coordinator to complete the
sale of 248 Monroe Avenue as described in the purchase agreement and to
have the Mayor and Clerk sign the deed.
E. Ottawa Street Bridge Removal Public Works
SUMMARY OF REQUEST: Staff is seeking formal resolution confirming
concurrence for removal of the Ottawa Street Bridge.
Staff is seeking funds from the Michigan Department of Transportation (MDOT)
Bridge Bundle Program. MDOT piloted a Bridge Bundle program last year with
the hopes of reducing the number of critical condition bridges by combining
several bridges into one package. More information about the program and an
online tracking tool can be found here:
https://www.michigan.gov/som/0,4669,7-192-47796-564509--,00.html
Two bridges within the City of Muskegon have been recommended for inclusion
in the second year of the program, the Ottawa Street bridge and Amity Street
bridge. Staff will continue to provide information to the Bridge Bundle program
as needed. The statement below is from the program administrator, Roger
Safford, via email:
Since these bridges were initially built to serve the public interest and
need, local agencies desiring to close them permanently will need to take
appropriate actions to document this consistent with local poly
procedures. We will need a certified resolution from the governing body
along with a formal resolution from any other applicable local agency
(city, village or township) confirming concurrence for the bridge removal.
The Ottawa Street bridge over the south branch of the Muskegon River is
currently closed to traffic due to deteriorating conditions that have rendered it
unusable. The bridge was previously investigated for reconstruction with an
estimated cost of $2M+. Upon closure the City constructed a new entrance to
Richards Park which has restored access to all properties and allowed for the
bridge to be rendered unnecessary.
In addition to the bridge removal resolution a modification to our Act 51 map
will be required to reflect the shortening of the street. The second resolution
modified the end point of Ottawa Street and will be required during our next
annual Act 51 Map update cycle in April.
Staff is recommending approval of both resolutions related to Ottawa Street.
STAFF RECOMMENDATION: Approve the Ottawa Street Bridge Removal
Resolution and approve the Ottawa Street Decertification/Vacation Resolution
and authorize the Clerk to sign both resolutions.
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F. H92102 Wood Street, Apple to Marquette – Milling and Resurfacing Public
Works
SUMMARY OF REQUEST: Authorize the award of the H92102 Wood Street, Apple
to Marquette contract to the low bidder, McCormick Sand Inc.
Staff solicited bids for milling and resurfacing of Wood Street, from Apple to
Marquette.
Bids received are as follows:
• $381,081.25 – McCormick Sand
• $387,554.73 – Wadel Stabilization
The project would be constructed during the 2021-22 construction season.
AMOUNT REQUESTED: $381,081.25 AMOUNT BUDGETED: $500,000
FUND OR ACCOUNT: 202-92102
STAFF RECOMMENDATION: Approve the award of H92102 Wood Street,
Apple to Marquette contract to the low bidder, McCormick Sand Inc. in the
amount of $381,081.25.
G. MDEGLE Grant Assistance Public Works
SUMMARY OF REQUEST: Staff is requesting authorization to approve the
Professional Services Agreement with Prein & Newhof to provide comprehensive
engineering services for administration and execution of portions of a Drinking
Water Asset Management Grant that was recently awarded to the City of
Muskegon by the Michigan Department of Environment, Great Lakes, and
Energy.
Prein & Newhof assisted the City in submittal of a successful grant application to
the State of Michigan Department of Environment, Great Lakes and Energy
through their Drinking Water Asset Management Program. The City of Muskegon
has been awarded $898,840.00 through the program.
Work covered by the grant will include a large number of important items
related to the City’s Drinking Water System a few of the highlights are as follows:
• Updates to the GIS (Geographic Information System) mapping for the
city’s water system to include precise GPS locations for all hydrants and
valves in the city.
• Completion of our Distribution System Materials Inventory, required by the
state in 2025 to physically verify the status of our lead service lines.
• Inventory and inspection of major Water Filtration Plant Assests.
• Update to the City Water Asses Management Plan which helps guide our
investments in the water system to the best possible uses.
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• Purchase of updated equipment to provide remote access to the GIS
mapping information via truck mounted laptops for several water
department vehicles.
• An updated rate study for the city water rates.
City crews will also self-perform approximately $200K work of work under this
grant in the form of in-kind work to complete the physical investigations.
The water fund budget will be updated in a future reforecast to show this
expense and the anticipated grant revenue. The outcome of the grant was
uncertain at the time of the original budget creation.
AMOUNT REQUESTED: $689,200.00 AMOUNT BUDGETED: $0
FUND OR ACCOUNT: 591
STAFF RECOMMENDATION: Authorize staff to sign the professional services
agreement with Prein & Newhof to provide Engineering Services for the
administration and execution of the Drinking Water Asset Management Grant
that was awarded to the City by the State of Michigan Department of
Environment, Great Lakes and Energy.
H. Beukema Playground Public Works
SUMMARY OF REQUEST: Staff is seeking approval to contract with American
Athletix to construct a new playground at Beukema Park.
As a follow-up to the discussions at the May 10th, 2021 Commission Meeting staff
solicited proposals for new playgrounds at Reese and Beukema Parks. Seven (7)
proposals were received and staff reviewed each proposal and shortlisted three
(3) options for each site. The top three proposals for each site were posted for
public voting and feedback via Facebook and Bang the Table which was
closed to voting on Friday, August 13th.
The result of the public voting for Beukema resulted in 92 total votes with 44%
being cast for the American Athletix design (Option#3); with the other two
options receiving 29% and 27% respectively.
In addition to public feedback staff solicited feedback from Disability Network
West Michigan (DNWM) on all of the designs. For Beukema Park DNWM greatly
preferred Option #1 due to the poured in place rubber surfacing and inclusion
of ramped access to components of the playground. Options #2 and #3 met
minimum ADA requirements, but did not provide rubber surfacing or ramped
access.
A price proposal from American Athletix shows a cost of $122,639.00.
Given the disparity between the public selection and the recommendation of
DNWM, Staff is recommending that we contract with American Athletix but that
we request design modifications to incorporate a poured rubber or tile surfacing
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in lieu of engineering wood fiber and that we modify the play structure designs
to incorporate ramp access.
These changes will result in an increased price above the provided quote. To
that end, staff is requesting a contracting limit of $165,000 in total on the
Beukema Park Playground. That amount shall be inclusive of the noted changes
to improve the ADA access. If the changes cannot be accomplished within that
budget staff will return the item for further Commission consideration.
American Athletix is the only vendor to submit a proposal located within the City
of Muskegon.
A budget line item was not established in the original 21/22 budget for these
projects, however, it was previously discussed at the May 10, 2021 Commission
Meeting to target spending $900K between Reese and Beukema Parks. If
approved, a budget line item will be added during the 1st Quarter Reforecast.
Total requested between the two park designs is a maximum of $530,000.00
depending upon options.
AMOUNT REQUESTED: $165,000 AMOUNT BUDGETED: $0
FUND OR ACCOUNT: 101
STAFF RECOMMENDATION: Authorize staff to contract with American Athletix
on a new playground for Buekema Park inclusive of the note ADA improvements
in an amount not to exceed $165,000.
J. DPW Vehicle Replacement Public Works/Equipment
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase fifteen (15) new fleet vehicles to replace existing vehicles.
We are requesting permission to purchase the following:
• F-350 Construction Trucks (3 EA – 1 Highway/1 Traffic/1 Water & Sewer)
• F-450 Dump Trucks (2EA – 1 Highway1 General Use)
• F-250 water/Sewer Dept. (4 EA – 4 Water & Sewer)
• F-250 Parks Dept. (3 EA – Parks)
• 2500 HD Fleet Vehicles (3 EA – DPW Supervisor Vehicles)
These purchases are for replacements to existing vehicles, no net increase in the
number of vehicles maintained is proposed. The existing vehicles being
replaced vary in age from 1994 thru 2011. Existing vehicles will be handed down
to season use and/or placed on the auction site (Biddergy.com) for sale. These
new vehicles will be purchased through Gorno Ford and Berger Chevrolet the
Mi-Deal State contract holders.
This purchase will total $476,131.00 coming from the Equipment budget. 11 of
these vehicles were budgeted within the 2021/22 Budget and 4 were budgeted
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within the 2020/21 Budget but were unable to be purchased at that time due to
vehicle shortages. The 21/22 budget will be reforecast in the 1st quarter
reforecast to reflect the carryover vehicles from the 2020/21 Budget.
AMOUNT REQUESTED: $476,131.00 AMOUNT BUDGETED: $476,131.00
FUND OR ACCOUNT: 661-60932-5730
STAFF RECOMMENDATION: Authorize staff to purchase fifteen (15)
replacement vehicles for DPW.
K. Water Filtration Plant Fencing Public Works/Filtration
SUMMARY OF REQUEST: Staff is seeking approval of a contract with Fence
Consultants for a total of $38,545.86 for the replacement of the fencing and the
cantilever gate on the east side of the Water Filtration Plant property.
The fencing on the west and north sides of the Water Filtration Plant property
was replaced in 2018. The fencing along the east side of the Water Filtration
Plant property was not replaced as part of this project and it is corroding and
showing its age. The existing cantilever gate is breaking frequently, and while
repairs have prolonged its use, a long-term solution is required.
This proposal includes installation of new chain link fencing a new cantilever
gate with modern safety features. The base bid for this proposal includes the
removal of the existing fencing and the installation of aluminized chain link
fencing and gates. An alternate bid was requested by staff for the additional
cost of using black vinyl coated chain link materials in place of the aluminized
chain link fencing.
Staff issued a public notice for formal competitive bids. Two fencing contractors
attended the pre-bid meeting at the Water Filtration Plant. Fence Consultants
was the only contractor to submit a bid. The requested amount of $38,545.86
includes the base bid of $34,504.95 for removal and installation of aluminized
fencing materials plus an additional $4,040.91 to upgrade from aluminized chain
link fencing to black vinyl coated chain link fencing. Two additive bids for the
replacement of fencing along the south side of the Water Filtration Plant
property will not be awarded at this time and will be included as part of future
projects. This project was budgeted as part of the capital improvements at the
Water Filtration Plant for FY 2021-22.
AMOUNT REQEUSTED: $38,545.86 AMOUNT BUDGETED: $40,000.00
FUND OR ACCOUNT: 591-92034-5346
STAFF RECOMMENDATION: Authorize staff to contract with Fence
Consultants for a total of $38,545.86 for the replacement of the fencing and
gate on the east side of the Water Filtration Plant property.
L. Approval of Abatement and Building Contractors – 769 Catawba Avenue
Community and Neighborhood Services
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SUMMARY OF REQUEST: To award the Building Contracts for the lead
abatement and rehabilitation of 769 Catawba Avenue. Badgerows Building and
Remodeling – Randall Badgerow for lead; and the rehabilitation to Custom
Exteriors, LLC – Mike Murphy for the City of Muskegon’s Homebuyers Program.
The Lead Abatement Contract for 769 Catawba had two bidders - Randall
Badgerow, Badgerow’s Building and Remodeling, 607 S. Lafayette, Greenville,
MI 48838 MDHHS Lead CHIP Abatement contractor since 2019.
The Rehabilitation Contractor for 769 Catawba Avenue had two bidders – Mike
Murphy, Custom Exteriors, LLC, 1541 Brooks Road, Muskegon, MI 49442 – Local
Building Contractor new construction/rehab since 2010
AMOUNT REQUESTED: $99,864.00 AMOUNT BUDGETED: $110,000
FUND OR ACCOUNT: HOME Program 2020
STAFF RECOMMENDATION: To award Badgerows Building and Remodeling
the lead abatement contract for 769 Catawba in the amount of $10,600; and
award Custom Exteriors LLC the rehabilitation contract in the amount of $89,264
for the Community and Neighborhood Services Office Homebuyers Program.
M. Approval and Abatement and Building Contractors – 548 E Dale Avenue
Community and Neighborhood Services
SUMMARY OF REQUEST: To award the Building Contracts for the lead
abatement and rehabilitation of 548 E. Dale Avenue. Across the Board LLC –
Marvin Van Oosten for lead and the rehabilitation to Custom Exteriors LLC – Mike
Murphy for the City of Muskegon Homebuyers Program.
The Lead Abatement Contract for 548 E. Dale Avenue has two bidders. Marvin
Van Oosten, Across the Board LLC, 921 VO’s Place, Allegan, MI 49010 – Lead
Abatement since 2010/Secion 3 Contractor/MDHHS Lead CHIP Program
Tehabilitation Contractor for 548 E. Dale Avenue had two bidders. Mjke Murphy,
Custom Exteriors, LLC, 1541 Brooks Road, Muskegon, MI 49442 – Local Building
Contractor new construction/rehab since 2010
AMOUNT REQUESTED: $97,258.00 AMOUNT BUDGETED: $120,000
FUND OR ACCOUNT: HOME Program 2020
STAFF RECOMMENDATION: To award Across the Board LLC the lead
abatement contract for 548 E. Dale Avenue in the amount of $17,290 and
award Mike Murphy the rehabilitation contract in the amount of $78,568 for the
Community and Neighborhood Services Office.
Motion by Commissioner Johnson, second by Commissioner German, to accept
the consent agenda as presented, except items C, D, I, and N.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
Rinsema-Sybenga
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Nays: None
MOTION PASSES
2021-79 REMOVED FROM CONSENT AGENDA:
C. Solid Waste Ordinance Amendment City Manager
SUMMARY OF REQUEST: Staff is seeking approval of an amendment to Chapter
70, Article II of the Code of Ordinances in coordination with the revised
Sanitation Policy. The newly adopted Sanitation Policy includes revised times
when refuse collection carts can be placed at the curb. Staff is seeking a
change to the Solid Waste ordinance to match the new standards.
STAFF RECOMMENDATION: To amend and adopt Chapter 70, Article II,
Section 31(a) of the Code of Ordinances for Solid Waste.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to amend and adopt Chapter 70, Article II, Section 31(a) of the Code of
Ordinances for Solid Waste.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
Sybenga, and Emory
Nays: None
MOTION PASSES
D. Amity Avenue Bridge Removal Public Works
SUMMARY OF REQUEST: Staff is seeking formal resolution confirming
concurrence for removal of the Amity Avenue Bridge.
Staff is seeking funds from the Michigan Department of Transportation (MDOT)
Bridge Bundle Program. MDOT piloted a Bridge Bundle program last year with
the hopes of reducing the number of critical condition bridges by combining
several bridges into one package. More information about the program and an
online tracking tool can be found here:
https://www.michigan.gov/som/0,4669,7-192-47796-564509--,00.html
Two bridges within the City of Muskegon have been recommended for inclusion
in the second year of the program, the Ottawa Street bridge and Amity Street
bridge. Staff will continue to provide information to the Bridge Bundle program
as needed. The statement below is from the program adminstrator, Roger
Safford, via email:
Since these bridges were initially built to serve the public interest and
need, local agencies desiring to close them permanently will need to take
appropriate actions to document this consistent with local policy
procedures. We will need a certified resolution from the governing body
along with a formal resolution from any other applicable local agency
(city, village or township) confirming concurrence for the bridge removal.
Page 8 of 15
The Amity Avenue bridge was constructed to allow the railroad to pass
underneath, the railroad is abandoned and has rendered the bridge
unnecessary. As part of this program, MDOT will fully fund the bridge removal.
The City will be responsible to provide a matching project to reconnect the road
after the bridge removal. It is worth noting, the street will be closed for a period
of time until the city can reconstruct the roads at grade.
Staff is recommending approval of the resolution to remove the Amity Avenue
Bridge.
STAFF RECOMMENDATION: Approve the Amity Avenue Bridge Removal
Resolution and authorize the Clerk to sign.
Motion by Commissioner German, second by Vice Mayor Hood, to approve the
Amity Avenue Bridge Removal Resolution and authorize the Clerk to sign.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
and Johnson
Nays: None
MOTION PASSES
I. Reese Playground Public Works
SUMMARY OF REQUEST: Staff is seeking approval to contract with Sinclair
Recreation to construct a new playground at Reese Park.
As a follow-up to the discussion at the May 10, 2021 Commission Meeting staff
solicited proposals for new playgrounds at Reese and Beukema Parks. Seven (7)
proposals were received and staff reviewed each proposal and shortlisted three
(3) options for each site. The top three proposals for each site were posted for
public voting and feedback via Facebook and Bang The Table which was
closed to voting on Friday, August 13th.
The result of the public voting for Reese resulted in 88 total votes with 52% being
cast for the Sinclair Recreation design (Option#3) with the other two options
receiving 30% and 18% respectively.
In addition to public feedback staff solicited feedback from Disability Network
West Michigan (DNWM) on all of the designs. For Reese park DNWM greatly
preferred Option #3 due to providing the highest percentage of ramp access.
26/28 features are accessible via ramps which well exceeds the minimum
standards. The design also provides poured in place rubber surfacing which
increases access to the 20 ground level features.
A price proposal from Sinclair recreation is included at a cost of $323,600.00
For this site the public voting and DNWM recommendations both selected the
same design. Staff has worked with Sinclair Recreation in the past and is
comfortable they can successfully deliver this project.
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One point of not which is often discussed is that the selected design did not
provide an option for swings. If swings are desired the design cold be modified
to incorporate a swing set at an additional cost. Staff is supportive of either
option and would request a budget of $365,000 to modify the design to
incorporate a swingset.
A budget line item was not established in the original 21/22 Budget for these
projects, however it was previously discussed at the May 10, 2021 Commission
Meeting to target spending $900K between Reese and Beukema parks. If
approved a budget line item will be added during the 1st Quarter Reforecast.
Total requested between the two park designs is a maximum of $530,000
depending upon options.
AMOUNT REQUESTED: $323,600 (No Swings) AMOUNT BUDGETED: $0
$365,000 (With Swings)
FUND OR ACCOUNT: 101
STAFF RECOMMENDATION: Authorize staff to contract with Sinclair
Recreation on a new playground for Reese Park in an amount not to exceed
$365,000.
Motion by Commissioner Johnson, second by Commissioner Emory, to authorize
staff to contract with Sinclair Recreation on a new playground for Reese Park in
an amount not to exceed $365,000.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
and Gawron
Nays: None
MOTION PASSES
N. Revision to Municipal Senior Millage Funding Allocations CNS
SUMMARY OF REQUEST: Request to approve the re-allocation of Municipal
Senior Millage Funding for the City of Muskegon Programs. The Senior Power of
Produce program at the Muskegon Farmers market was allocated $15,000 in
April. The Program started July 13, 2021 and the funds have been depleted. Staff
is requesting that the allocation for the Muskegon County Senior Millage Home
Repair program be reduced by $20,000 and that those funds be re-allocated to
the Senior Power of Produce program. Staff has reviewed the position of fund for
Home Improvements and feel confident that this is in the best interest of
Muskegon County senior citizens.
STAFF RECOMMENDATION: To revise the allocation of Municipal senior
Millage funding to reduce the allocation to Muskegon County Senior Millage
Home Repair by $20,000 and to re-allocate those funds to the Senior Power of
Produce program at the Muskegon Farmers Market.
Page 10 of 15
Motion by Commissioner Emory, second by Commissioner Rinsema-Sybenga, to
revise the allocation of Municipal Senior Millage funding to reduce the
allocation to Muskegon County Senior Millage Home Repair by $30,000 and to
re-allocate those funds to the Senior Power of Produce program at the
Muskegon Farmers Market.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
Gawron, and Hood
Nays: None
MOTION PASSES
2021-80 PUBLIC HEARINGS:
A. Revocation of IFT – 441 W. Western Avenue Planning
SUMMARY OF REQUEST: Pigeon Hill Brewing Company has requested to revoke
the Industrial Facilities Exemption Certificate at the 441 W. Western facility in
order to convert the building into commercial use.
STAFF RECOMMENDATION: To approve the revocation of the Industrial
Facilities Exemption Certificate No. 2015-272 at 441 W. Western Avenue
PUBLIC HEARING COMMENCED: No public comments were received.
Motion by Commissioner Johnson, second by Vice Mayor Hood, to approve the
revocation of the Industrial Facilities Exemption Certificate No. 2015-272 at 441
W. Western Avenue
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
and Ramsey
Nays: None
MOTION PASSES
2021-81 UNFINISHED BUSINESS:
A. Pedicab Ordinance City Clerk – TABLED FROM 8/10/21 TO 8/24/21
SUMMARY OF REQUEST: City Commission is being asked ton consider an
ordinance to allow and regulate Pedicabs. City Commission is also being asked
to consider an amendment to allow consumption or possession of alcoholic
liquors in parks and playgrounds while participating in a pedicab.
The City has been approached by a person wishing to operate a party bike.
Staff has worked with the city attorney and is proposing the Pedicab ordinance
presented as well as an amendment to Chapter 58 Article I to allow
consumption or possession of alcoholic liquors in parks and playgrounds while
participating in a pedicab.
STAFF RECOMMENDATION: To adopt a new ordinance allowing and
regulating Pedicabs and to amend Chapter 58 Article I of the City Code of
Page 11 of 15
Ordinances to allow consumption or possession of alcoholic liquors and
playgrounds while participating in a pedicab.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to adopt a new ordinance allowing and regulating Pedicabs and to amend
Chapter 58 Article I of the City Code of Ordinances to allow consumption or
possession of alcoholic liquors and playgrounds while participating in a
pedicab.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, Ramsey,
and German
Nays: None
MOTION PASSES
B. Request for Proposal Approval for YEP Community and
Neighborhood Services
SUMMARY OF REQUEST: Community and Neighborhood Services is requesting
permission to grant funds of $20,000 to Community enCompass for their YEP
Project which provides youth with work and educational experience.
STAFF RECOMMENDATION: To approve the agreements with Bethany
Housing Ministries dba Community enCompass.
This item was brought before the City Commission on June 8, 2021. The
Community and Neighborhood Services Department allowed organizations
to request funds from their Community Development Block Grant for various
eligible programs. Bethany Housing Ministries dba Community enCompass
applied for funds for their Youth Empowerment Project (YEP) for work and
educational experiences throughout the year. Commissioner Ramsey is
employed by Community EnCompass and did disclose a Conflict of Interest,
as required by HUD Guidelines. The Conflict Statement was posted on the
city’s website and the city’s Facebook page and the conflict was stated in
the minutes. However, HUD requires that the nature of the conflict also be
disclosed on the agenda, in the minutes, and that there be discussion at the
meeting regarding the conflict.
Because the Conflict of Interest was not disclosed to the HUD specified
guidelines, this item is being brought back before the City Commission for
consideration. For our August 24, 2021 meeting, the Conflict of Interest
Statement from Commissioner Michael Ramsey was posted on the City’s
website and a link to the Conflict Statement was posted to the City’s Facebook
page on August 17, 2021. Commissioner Ramsey is employed by Community
enCompass and has disclosed a conflict of interest which arises because
Michael Ramsey is either in a decision-making position or in a position to gain
inside information and the conflict must be disclosed when there is a financial
benefit. Commissioner Ramsey will recuse himself from voting on this item due to
Page 12 of 15
the stated conflict. This item must receive six affirmative votes to pass.
AMOUNT REQUESTED: $20,000 AMOUNT BUDGETED: $20,000
FUND OR ACCOUNT: CDBG 2019
*Commissioner Michael Ramsey has disclosed a Conflict of Interest on this
item as he is employed by Community enCompass. A conflict of interest
arises because Michael Ramsey is either in a decision-making position or in
a position to gain inside information and the conflict must be disclosed
when there is a financial benefit. Commissioner Ramsey will recuse himself
from voting on this item due to the state conflict. This item must receive six
affirmative votes to pass. The Conflict Statement was posted to the City of
Muskegon’s website (shorelinecity.com) and a link to the Conflict
Statement was posted to the City of Muskegon Government Facebook
page on August 17, 2021.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
approve the agreements with Bethany Housing Ministries dba Community
enCompass.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, German, and Rinsema-
Sybenga
Nays: None
Recused: Stated Conflict of Interest as noted above: Ramsey
MOTION PASSES
C. Motion to Remove Rezoning of 1128 Roberts Street from the Table City
Clerk
SUMMARY OF REQUEST: At the City Commission Meeting held July 27, 20921 this
item was tabled indefinitely. This item is back on the agenda for tonight and
needs to be removed from the table.
STAFF RECOMMENDATION: To remove the item of Rezoning of 1128 Roberts
Street from the table for further consideration.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Emory,
remove the item of Rezoning of 1128 Roberts Street from the table for further
consideration.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
Sybenga, and Emory
Nays: None
MOTION PASSES
D. Rezoning of 1128 Roberts Street Planning
SUMMARY OF REQUEST: Request to rezone the property at 1128 Roberts Street
Page 13 of 15
from R-1 Single-Family Residential Low Density to MC Medical Care, by Fresh
Coast Alliance.
The Planning Commission unanimously (8-0, one absent) recommended
approval of the rezoning and also unanimously approved the special use
permit, contingent upon the rezoning approval by the City Commission.
The case was tabled at the July 27 City Commission meeting. The Commission
requested to prepare a separate agreement that would limit intensive medical
zoning uses at the location.
STAFF RECOMMENDATION: To approve/deny the request to rezone the
property at 1128 Roberts Street from R-1 Single-Family Residential Low Density to
MC Medical Care.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Emory, to
approve the request to rezone the property at 1128 Roberts Street from R-1
Single-Family Residential Low Density to MC Medical Care and to approve the
Conditional Rezoning Agreement.
2nd Motion Motion by Commissioner German, second by Commissioner
Ramsey, to table this item until September 28, 2021 to allow more time for
community dialogue and to flesh out misconceptions about the program.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory,
Johnson, Gawron
Nays: None
MOTION PASSES
2021-82 ANY OTHER BUSINESS:
A. Gift Card Committee Update Development Services
SUMMARY OF REQUEST: The Committee has not met in several months, but staff
have been working on the strategy as agreed upon and have some updates to
share. The committee last met before the most recent surge of Covid-19 and
agreed that it was not the appropriate time to inquire about any restaurants
refunding any gift card purchases, though this remains an option going forward.
We have been working with several private sector partners that are supportive
of the program in an effort to “sponsor” a percentage of the total gift card
value, effectively buying them and not using them. This would allow the City to
sell the remaining cards to the public at a reduced rate, passing on that
sponsorship to people who would use the gift cards. We would release these
sales in several phases over the coming months/years, so as not to flood the
market with comped business for the restaurants. We also propose continuing to
allow staff to use them as costs offsets for the city, such as buying meals for
election worker training and other functions where the organization provides
meals. At this time, we are working on getting signatures on a letter of intent
Page 14 of 15
from donors towards the sponsorship program.
Commissioner Johnson hasn’t seen the ARPA Home Infill Program RFQ on the
City website and suggested possibly extending the deadline. Director Eckholm
showed him where to find it on the website where it was published.
Commissioner Johnson would like to discuss the AMI Cap at a future Worksession
meeting. Commissioner Johnson would also like to get an update on the sewer
fund and the forecast to be able to roll back the 20% increase since infiltration
has been reduced as water levels recede. Commissioner Johnson inquired
about the status of the Lakeside Social District.
Commissioner German asked Director Evans about trees at Myrtle & Murphy.
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public comments were
received.
ADJOURNMENT: The City Commission adjourned at 9:05 p.m.
Respectfully Submitted,
Ann Marie Meisch, City Clerk - MMC
Page 15 of 15
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 14, Title: Financing a 100-foot Mid Mount Tower
2021 Ladder Truck
Submitted By: Kenneth Grant Department: Finance
Brief Summary: At this time, we are seeking authorization to enter into a lease agreement with
Team Financial for the purchase of a 100-foot Mid Mount Tower Ladder Truck.
Detailed Summary: At the August 10, 2021 City Commission meeting the Commission voted to
purchase two Fire Trucks. By the end of September, the 100-foot Mid Mount Tower Ladder Truck
will be ready to purchase for $1,370,873. At this time, we are seeking authorization to enter into a
lease agreement with Team Financial. The proposed terms are for a five-year lease at 1.78%
interest rate with the City purchasing the truck at the end of the lease for $1. There is a one time
$500.00 processing fee.
Amount Requested: $1,370,873.00 Amount Budgeted: $286,740.00 for 5 years
Fund(s) or Account(s): General Fund(s) or Account(s):101-50336-5700
Recommended Motion: To approve the lease agreement with Team Financial.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
FINANCING PROPOSAL September 7, 2021
Prepared for: City of Muskegon Prepared by: Team Financial Group
EQUIPMENT:
Pierce Mfg. Ascendant 100' Mid Mount Tower Ladder Truck
PAYMENT STRUCTURE:
Payments are due monthly and are payable in arrears.
Payments Due at
Amount Term Payment Purchase Option Fee
Closing
◯ $1,370,873.00 60 $23,895.00 $1 Out 0 $500
◯ $1,370,873.00 84 $17,442.00 $1 Out 0 $500
Rate for 60 Month is 1.78%
Rate for 84 Month is 1.90%
END OF TERM OPTIONS:
At the end of the term, if the account is current and all terms have been met, you may elect from the following options:
Purchase the equipment for the Option listed above
If applicable, continue to rent the equipment on a monthly basis from TFG
If applicable, return the equipment to a location designated by TFG
Documentation Fee: The fee quoted above is due at the time of closing.
Credit approval conditions: This proposal, including structure and pricing, is subject to credit approval and is valid for 45 days.
Accepted By: Term Option:
Print Name Sign Date
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 14, 2021 Title: Increase in General Fund transfer to
the Mercy Health Arena and the Public
Service Building
Submitted By: Kenneth Grant Department: Finance
Brief Summary: The Mercy Health Arena fund and the Public Service Building fund require a larger
transfer from the General fund then what was budgeted to prevent a deficit. Mercy Health Arena
needs an additional $25,000 transferred from the General Fund and the Public Service Building
needs an additional $425,000 transferred from the General Fund.
Detailed Summary: Based on financial results for the fiscal year end June 30, 2021 the Mercy
Health Arena and the Public Service Building fund required a larger transfer from the General Fund
then what was budgeted in the 4th quarter reforecast, to prevent a fund deficit. The Mercy Health
Arena fund needs to be increased from $700,000 to $725,000 and the Public Service Building fund
needs to be increased from $200,000 to $625,000.
Amount Requested: $1,350,000 Amount Budgeted: $900,000
Fund(s) or Account(s): 101,254,642 Fund(s) or Account(s): 101,254,642
Recommended Motion: To approve the increase to the General Fund transfers for the Mercy
Health Arena to $725,000 and the Public Service Building to $625,000.
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: September 14th, Title: Western Avenue ADA Work
2021
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is requesting authorization to partner on several projects along Western Avenue to improve the
ADA Access throughout the corridor.
Detailed Summary:
The City Commission allocated $200,000 towards ADA work in the FY 21/22 budget as shown in line
101-91116. City staff is proposing a series of partnerships along Western Avenue to enhance the
accessibility and pedestrian experience along the corridor.
Frauenthal
The Frauenthal is underway installing a snow melt system on the sidewalk in front of the Frauenthal
and the Hilt Building as a part of their capital project which also includes replacing the ceiling of the Hilt
Building basement which is under the sidewalk. The snowmelt system will be installed, operated and
maintained by the Frauenthal at no cost to the City. Staff is seeking permission to allocate $120,000
towards the cost of removing and replacing the existing sidewalk in partnership on the project.
Staff is seeking to utilize the remaining $80,000 towards two projects along Western Avenue and
possibly supplement with additional Major Street dollars if necessary. An exact split between these
two is yet to be determined.
3rd – 4th Block (West Half)
This project will involve removal of several parallel parking spaces along Western Avenue and
widening the sidewalk. Instead of a barrier curb a gutter will be placed along the edge of the roadway
allowing for the area formerly used by the parallel parking spaces to be either used as additional
pedestrian space and/or parallel parking spaces. This is a half-block long model similar to what the
City of Detroit completed on Bagley Street - https://detroit.curbed.com/2020/1/16/21068713/bagley-
street-mexicantown-detroit-shared-street The goal is to create a barrier free interface from building
face to building face that can be used as the situation dictates. This would be a trial concept to prove
the notion for later use on a large scale.
1st – 2nd Block (West Half / North Side)
This project would be a partnership with the Leonard to eliminate several angle parking spaces on
Western in front of the Leonard, and several parallel spaces along 2nd Street adjacent to The Leonard.
The goal of this project would be to offer increased pedestrian and plaza space for use as social
district space, and/or in conjunction with a future restaurant type operation located on the ground floor
of The Leonard.
In all of these projects the split of this $200,000 may not fully fund the project and additional funds may
be required. This proposal is just the first step in funding each of these projects.
Amount Requested: $200,000 Amount Budgeted: $200,000
Fund(s) or Account(s): 101-91116 Fund(s) or Account(s): 101-91116
Recommended Motion:
Authorize staff to utilize the $200,000 allocation for ADA Projects in partnership with multiple projects along
Western 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:
Frauenthal Snowmelt System -
Preliminary DISCLAIMER:
Note: Details of the tubing bend radius have
been simplified for clarity. Consult tubing
manufacturer for specific bend radius
recommendations.
Circuit A-12
322 ft @ 9 in
Flow: 2.87 USGPM
ΔT: 30 °F
Circuit A-13
332 ft @ 9 in
Flow: 3.00 USGPM
ΔT: 30 °F
THEATER-DHE
MUSKEGON
Manifold 3
(135.7 °F)
Circuit A-14
312 ft @ 9 in
Flow: 2.87 USGPM
ΔT: 30 °F
CUSTOMER:
PROJECT:
Circuit A-15
326 ft @ 9 in
Flow: 3.09 USGPM
ΔT: 30 °F
Manifolds
Name # Circuits Tubing Size HeightAboveFloor Circuit Length
[ft]
Manifold 1 6 3/4" 3 308 - 334
PROJECT NO.:
Manifold 2 5 3/4" 3 315 - 336
Manifold 3 5 3/4" 3 312 - 332
Manifold 4 7 3/4" 3 173 - 362
Manifold 5 7 3/4" 3 270 - 286
Circuit A-16
324 ft @ 9 in
Flow: 3.16 USGPM
ΔT: 30 °F
SCALE:
1/32"=1'
DRAWING NAME:
P1 (Snow Melt)
DRAWN BY:
Circuit A-30
255 ft @ 9 in
Flow: 2.46 USGPM
ΔT: 30 °F
Manifold 4
(135.7 °F)
Snow Melt
Design:162.1 Btu/(hr·ft²)
Circuit A-26 Backloss:12.4 Btu/(hr·ft²)
250 ft @ 9 in Total:174.6 Btu/(hr·ft²)
Flow: 2.45 USGPM
ΔT: 30 °F Created Using LoopCAD 2020 20.0.0080 (1/6/2021)
Circuit A-25
362 ft @ 9 in
DATE:
Flow: 3.56 USGPM
ΔT: 30 °F
Manifold 5
(135.7 °F)
1/6/2021
Manifold 1
(135.7 °F)
Manifold 2
Circuit A-24 (135.7 °F)
173 ft @ 9 in
Flow: 1.71 USGPM
ΔT: 30 °F
Circuit A-28
246 ft @ 9 in
Flow: 2.41 USGPM
ΔT: 30 °F
Circuit A-17
271 ft @ 9 in
Flow: 2.63 USGPM
ΔT: 30 °F
REVISIONS
Circuit A-6
Circuit A-29 330 ft @ 9 in
244 ft @ 9 in Flow: 3.07 USGPM
Flow: 2.41 USGPM ΔT: 30 °F
ΔT: 30 °F
Circuit A-27
Circuit A-11
231 ft @ 9 in
327 ft @ 9 in
Flow: 2.26 USGPM
Circuit A-18 Flow: 2.79 USGPM Circuit A-10 Circuit A-7
ΔT: 30 °F Circuit A-1
270 ft @ 9 in ΔT: 30 °F 334 ft @ 9 in 332 ft @ 9 in
Flow: 3.12 USGPM Circuit A-9 Circuit A-8 Flow: 3.23 USGPM 317 ft @ 9 in Circuit A-5
Flow: 2.61 USGPM
ΔT: 30 °F 308 ft @ 9 in 327 ft @ 9 in ΔT: 30 °F Flow: 2.93 USGPM Circuit A-2 336 ft @ 9 in
ΔT: 30 °F
Flow: 2.90 USGPM Flow: 3.11 USGPM ΔT: 30 °F 315 ft @ 9 in Flow: 3.10 USGPM
ΔT: 30 °F ΔT: 30 °F Flow: 2.96 USGPM ΔT: 30 °F
ΔT: 30 °F
Circuit A-4
No Desc Date
320 ft @ 9 in
Circuit A-19 Flow: 3.08 USGPM
286 ft @ 9 in ΔT: 30 °F
Flow: 2.78 USGPM
ΔT: 30 °F
Circuit A-3
Circuit A-20 315 ft @ 9 in
270 ft @ 9 in Flow: 2.91 USGPM
Flow: 2.63 USGPM ΔT: 30 °F
ΔT: 30 °F
Circuit A-21
274 ft @ 9 in
Flow: 2.68 USGPM
ΔT: 30 °F Circuit A-22
275 ft @ 9 in
Flow: 2.66 USGPM
ΔT: 30 °F
Circuit A-23
277 ft @ 9 in
Flow: 2.37 USGPM
ΔT: 30 °F
PAGE NO.
1 N
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 14th, Title: Extension of CHOP Contract
2021
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is requesting authorization to extend an existing contract with CHOP Tree Service during Fiscal
Year 21/22 in the amount of $75,000 for As-Needed Forestry Services.
Detailed Summary:
The City Commission allocated $75,000 towards Contractual Forestry Work under line 101-70771-
5300 in the 21/22 Fiscal Year. Staff is requesting authorization to extend our existing contract with
CHOP, Inc. who was the low bidder selected for the same work during the 20/21 Fiscal Year. CHOP,
Inc. has been a great contractor and helped partner with us successfully complete several forestry
projects during the previous fiscal year.
Staff has previously utilized CHOP for work outside of the road right-of-way when performing tree work
on development projects, and for large scale projects where CHOP can provide increased resources to
address large projects (Lakeside Cemetery & Musketawa Trail).
Staff is requesting to award the $75,000 budgetted to CHOP as an extension for the 21/22 Fiscal Year
and not repost the work for competitive bids.
During the previous bidding cycle CHOP was the only bid accepted.
A copy of the bid sheet submitted during the 20/21 open competitive bidding is attached for reference.
Amount Requested: $75,000 Amount Budgeted: $75,000
Fund(s) or Account(s): 101-70771-5300 Fund(s) or Account(s): 101-70771-5300
Recommended Motion:
Authorize staff to extend the existing contract with CHOP Tree Service in the amount of $75,000 for completion
during the 21/22 Fiscal Year.
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: September 14th, Title: Laketon Trail Lighting
2021
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is requesting authorization to award a contract to J&J Electrical LLC for the construction of lights
along a portion of the Laketon Trail.
Detailed Summary:
Staff solicited bids for a project to install trail lighting on a portion of the Laketon Trail between Peck
and 7th Street. This area is located within the marijuana district and the existing street lights along
Laketon Avenue are all on the south side of the street, across from the path leading to less than
desireable lightnig levels along the pathway in particular at the street crossings. Bids were received on
August 24th, 2021 with the low bid coming from J&J in the amount of $94,037.00.
Staff had not worked with J&J previously and conducted a meeting with them on August 30th, 2021 to
assess their understanding of the project and gauge their ability to complete the work. It is the opinion
of staff that J&J fully understands the project and is appropriately positioned to complete the work as
outlined.
The original bid did not include the installation of receptacles on the poles. As such staff requested a
price to add this into the project which was quoted at $7,379.00. Adding this amount onto the original
bid creates a proposed contract cost of $101,416 which is still below the 2nd lowest bidder.
The funding for this project is derived from the Marijuana Business Fees collected. Businesses are
required to install decorative lighting on their site or make a donation to the city to install lighting
elsewhere. In 20/21 the City collected $66,965 from this fee with anticipation of collecting an additional
$30,000 during the current fiscal year. Staff felt that the use of the lighting on the path in the marijuana
district improved an existing problem and also focused those dollars back to the primary area that
generated the revenue.
The project will need to be included in a future reforecast of the budget if approved.
J&J Electrical LLC is located within the City of Muskegon.
Amount Requested: $101,416.00 Amount Budgeted: $0
Fund(s) or Account(s): 101 Fund(s) or Account(s): 101
Recommended Motion:
Authorize staff to approve a contract with J&J Electrical LLC in the amount of $101,416.00 for the construction
of a pedestrian lighting system along the Laketon Avenue Trail between Peck and 7th.
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: LE Date: 8/24/2021
Engineering Department Project Number: TBD
Project description: Laketon Trail Lighting (Peck to 7th)
Engineer's Estimate: N/A
J&J Electrical LLC DVT Electric, Inc. Bazen Electric Company Windemueller Electric, Inc. J. Ranck Electric, Inc.
Line Item Pay Code Description Units Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total
1 N/A Lighting Fixtures EA 12 $ 3,635.00 $ 43,620.00 $ 4,800.00 $ 57,600.00 $ 5,080.00 $ 60,960.00 $ 6,000.00 $ 72,000.00 $ 7,375.00 $ 88,500.00
2 N/A Direct Bury Conduit FT 2400 $ 15.84 $ 38,016.00 $ 8.00 $ 19,200.00 $ 31,900.00 $ 9.00 $ 21,600.00 $ 16.50 $ 39,600.00
3 N/A Directional Drilled Conduit FT 500 $ 15.84 $ 7,920.00 $ 25.00 $ 12,500.00 $ - $ 18.00 $ 9,000.00 $ 36.00 $ 18,000.00
4 N/A Lighting Control Panel EA 1 $ 3,023.86 $ 3,023.86 $ 9,500.00 $ 9,500.00 $ 6,070.00 $ 6,070.00 $ 5,500.00 $ 5,500.00 $ 11,000.00 $ 11,000.00
5 N/A Mobilization / Cleanup LSUM 1 $ 1,457.14 $ 1,457.14 $ 4,000.00 $ 4,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 11,900.00 $ 11,900.00
BID TOTAL: $ 94,037.00 $ 102,800.00 $ 104,930.00 $ 114,100.00 $ 169,000.00
*$119,935 As Read
Bid Tabulation 1 of 1
Approximate Light
Locations (12 EA)
Electrical Service &
Control Cabinet
Near mid-point at
Laketon / 5th
31”
Parkway Square PedestrianPOST TOPLED – PKWM
29.75” 29.75” 787mm
756mm ®
Vertical 756mm
29.75”
TYPE 29.75”
756mm
FEATURES 756mm
• Reliable, uniform, glare 31” free illumination • Integral surge suppression
TOP •
29.75”
Types II, III,
756mm
787mm
IV, V distributions
29.75”
756mm• Integral thermal protection
29.75”
756mm
31”
29.75”
756mm
• 3000K, 4000K, 5000K CCT
PSA-TU POST TOP
(TOP ARM MOUNTED LUMINAIRE
787mm
• 0-10V dimming ready UPWARD SWEPT ARM DESIGN)
PSWM-TU
SPECIFICATIONS
29.75” 31” 29.75”(TOP
WALL MOUNTED LUMINAIRE
TOP 756mm
29.75”
787mm 756mm
UPWARD SWEPT ARM DESIGN)
29.75” 29.75”
46.25”
1175mm
29.75”
756mm 756mm 756mm 756mm
TED LUMINAIRE
ARM DESIGN) PSA-TU 20”
(TOP ARM MOUNTED LUMINAIRE 508mm
UPWARD SWEPT ARM DESIGN)
NTED LUMINAIRE 29.75” 29.75”
46.25”
ARM DESIGN) 756mm
1175mm
31” 756mmPSWM-TU
TOP 787mm (TOP WALL MOUNTED LUMINAIRE
UPWARD SWEPT ARM DESIGN)
6.1”
155mm 46.25”
1175mm
35.5”
902mm
1.5”
38mm
NTED LUMINAIRE
T ARM DESIGN) 20” 29.75” 29.75”
508mm 756mm 756mm
20”
508mm
UNTED LUMINAIRE
46.25”
T ARM DESIGN) 29.75” 1175mm PSA-TD
29.75” 1.5”
6.1”
756mm
155mm POST TOP 35.5”
(TOP ARM
756mm
902mm MOUNTED
38mm LUMINAIRE
WT: 49 lbs. EPA: 2.83 DOWNWARD SWEPT ARM DESIGN) 6.1”
31”
787mm 1.5”
35.5” 38mm
155mm 902mm
NTED LUMINAIRE 29.75” 29.75” 20”
756mm 756mm PSWM-TD 508mm 19.25”
T ARM DESIGN) 489mm
(TOP WALL MOUNTED LUMINAIRE PSA-TU29.75” PSWM-TU 29.75”
DOWNWARD SWEPT ARM DESIGN) (Top of756mm
Arm Mounted Luminaire (Top of 756mm
Wall Mounted Luminaire
UNTED LUMINAIRE 6.1” 1.5” Upward Swept Arm Design) Upward Swept Arm Design)
ED LUMINAIRE
T ARM DESIGN)
46.25” 35.5” 38mm 1.5”
EPT ARM DESIGN)
155mm
31” 1175mm 902mm
PSA-TD WT: 66155mm
lbs. EPA: 3.36
6.1”
WT: 70 lbs.35.5”EPA: 3.58 38mm
787mm 902mm
(TOP ARM MOUNTED LUMINAIRE
29.75” 29.75” 31”
756mm 756mm
DOWNWARD SWEPT
19.25” ARM DESIGN) 6.1” 787mm
489mm 155mm
TED LUMINAIRE 20”
508mm
EPT ARM DESIGN) PSWM-TD 19.25”
489mm
(TOP WALL MOUNTED LUMINAIRE
DOWNWARD SWEPT
1.5” ARM DESIGN)
TED LUMINAIRE 6.1” 38mm 19.25”
155mm 31” 35.5” 1.5” 489mm
EPT ARM DESIGN) 6.1”
902mm35.5” 38mm
155mm 787mm PSA-BU
902mm 6.1” 31” 1.5”
787mm 38mm
6.1” (BELOW ARM MOUNTED LUMINAIRE 155mm 35.5”
155mm 19.25” 902mm
NTED LUMINAIRE 29.75” UPWARD SWEPT489mm
29.75” ARM DESIGN)
756mm 756mm 6.1”
EPT ARM DESIGN) 155mm
PSWM-BU
(BELOW WALL MOUNTED
1.5”
LUMINAIRE
19.25”
6.1” UPWARD SWEPT489mm
ARM
38mm DESIGN) 1.5”
155mm 35.5” 29.75” 38mm
NTED LUMINAIRE 31” 902mm 756mm 19.25”
WEPT ARM DESIGN) 31”
787mm
NTED LUMINAIRE 787mm
489mm
6.1” 35.5”
RM DESIGN) 155mm PSA-BU 31” 902mm
(BELOW ARM MOUNTED
19.25” LUMINAIRE 787mm
UNTED LUMINAIRE PSA-TD PSWM-TDUPWARD SWEPT489mm
ARM DESIGN) PSA-BU PSWM-BU
WEPT
NTEDARM DESIGN) (Top of Arm Mounted Luminaire
LUMINAIRE (Top of Wall Mounted Luminaire (Below Arm Mounted Luminaire (Below Wall
35.5” Mounted Luminaire
902mm
RM DESIGN) Downward Swept Arm Design) DownwardPSWM-BU
Swept Arm Design)
1.5” 19.25”
38mm 489mm Upward Swept Arm Design) Upward Swept Arm Design)
WT: 70 lbs.(BELOW WALL MOUNTED LUMINAIRE
29.75” 1.5”
WT: 66 lbs.
6.1”EPA: 3.36
756mm 31” EPA: 3.58 38mm WT: 66 lbs. EPA: 3.36 WT: 70 lbs. EPA: 3.58
155mm
787mm UPWARD
35.5” SWEPT ARM DESIGN) 1.5”20.25”
UNTED LUMINAIRE 902mm
35.5” 29.75” 38mm
514mm
ARM DESIGN) 902mm 756mm
6.1”
155mm 35.5” 1.5”
902mm 38mm
35.5” 46.5”
UNTED LUMINAIRE 902mm
PSA-BD 1181mm
ARM DESIGN)
29.75”
1.5”
(BELOW ARM MOUNTED
38mm
Decorative
LUMINAIRE Screens 35.5”
19.25” 902mm
756mm DOWNWARD SWEPT 489mmARM DESIGN)
20.25”
31” 35.5” 514mm
UNTED LUMINAIRE 787mm PSWM-BD
902mm
20.25”
ARM DESIGN) (BELOW WALL 1.5”
MOUNTED LUMINAIRE 514mm
46.5” DOWNWARD
35.5”
SWEPT
38mm ARM DESIGN)
1181mm 902mm 1.5”
38mm
NTED LUMINAIRE
OUNTED LUMINAIRE 29.75” 46.5” 29.75”
756mm 1181mm 756mm
PT ARM
ARM DESIGN)
DESIGN) PSA-BD 1.5”
29.75” 38mm
(BELOW ARM MOUNTED LUMINAIRE DSWH DSTR DSSH DSCS
756mm
20.25” DSIN DSOF
514mm
DOWNWARD SWEPT ARM DESIGN)
Infinity Offset Wheat Trio Shutter Custom
UNTED LUMINAIRE 35.5”
902mm 1.5”
PT ARM DESIGN) PSWM-BD 38mm
46.5”
1181mm Painted to
(BELOW WALL MOUNTED LUMINAIRE match fixture. Also available in stainless steel or copper. *Contact
29.75” 29.75”DOWNWARD
35.5” SWEPT ARM DESIGN)
factory for custom designs.
UNTED LUMINAIRE 756mm 902mm
756mm
EPT ARM DESIGN) 29.75” 29.75”
756mm 756mm
PSA-BD PSWM-BD 20.25”
OUNTED LUMINAIRE (Below Arm Mounted Luminaire (Below Wall Mounted Luminaire
514mm
EPT ARM DESIGN) Downward Swept Arm Design) Downward Swept Arm Design)
1.5”
WT: 66 lbs. EPA: 3.36 46.5”
WT: 70 lbs. EPA: 3.58 38mm
29.75” 29.75”
756mm 1181mm
756mm
UNTED LUMINAIRE
EPT ARM DESIGN)
OUNTED LUMINAIRE
EPT ARM DESIGN)
29.75” ARCHITECTURAL AREA LIGHTING29.75”
756mm 756mm JOB
16555 East Gale Ave. | City of Industry | CA 91745
P 626.968.5666 | F 626.369.2695 | www.aal.net TYPE
Copyright © 2014 | Rev 2.15 NOTES | 1 |
Parkway Square® Pedestrian Vertical LED – PKWM TYPE
ORDERING INFORMATION
MODEL 1 2 3 4 5 6 7 8
PKWM
Hood Distribution-Lens CCT Drive Current Color Options Control Mounting
1. HOOD 5. COLOR 8. MOUNTING – Standard mounting slips over a
ANGLED BLS Black Gloss Smooth 4"/100mm open top square pole or tenon or may choose one
ANG BLT Black Matte Textured
TENON MOUNT
STRAIGHT DBS Dark Bronze Gloss Smooth
TA23 (Tenon adapter slips over 2 3/8" O.D x 4" long tenon.
STR DBT Dark Bronze Matte Textured
Required for poles by others or used in conjunction with
DOUBLE GTT Graphite Matte Textured TEN pole option by AAL.)
DBL LGS Light Grey Gloss Smooth
WALL MOUNT
LGT Light Grey Matte Textured
2. DISTRIBUTION PSWM-TU (Fixture above with arm mounted up)
PSS Platinum Silver Smooth
Vertical LED – Clear Lens PSWM-TD (Fixture above with arm mounted down)
VGT Verde Green Textured
PSWM-BU (Fixture below with arm mounted up)
Y2VC WHS White Gloss Smooth
PSWM-BD (Fixture below with arm mounted down)
Y3VC WHT White Matte Textured
Y4VC Color Option POLE MOUNTED ARM – mounts to the side of a
Y5VC square pole or to the side of a 4”od pole (specify)
CC* Custom Color
PSA-TU (Fixture above with arm mounted up)
* Consult factory for custom color, marine and
Vertical LED – Diffused Lens PSA-TD (Fixture above with arm mounted down)
corrosive finish options
PSA-BU (Fixture below with arm mounted up)
Y2VD PSA-BD (Fixture below with arm mounted down)
Y3VD
Y4VD 6. OPTIONS
Y5VD
FUSING
FS1 (Single fuse holder)
HOOD FINISH
3. COLOR TEMPERATURE
COP (Copper) STS (Stainless steel)
32LED-3K
32LED-4K DECORATIVE SCREEN
32LED-5K DSIN (Infinity pattern)
DSOF (Offset pattern)
DSWH (Wheat pattern)
4. DRIVE CURRENT (120-277 VAC input) DSTR (Trio pattern)
525 (525mA, 58 watts) DSSH (Shutter pattern) Visit www.aal.net for Arms, Poles &
350 (350mA, 38 watts) DSCS (Custom pattern) Accessories Specification Guide
SCREEN FINISH
CPR (Screen in natural copper material)
SSP (Screen in natural stainless material
7. CONTROL
SCP (Sensor Control Programmable) pole
accessory is available to provide occupancy
detection for outdoor applications meeting
California Title 24. For complete spec sheet
and ordering information, visit www.aal.net/
products/sensor_control_programmable/
ARCHITECTURAL AREA LIGHTING
16555 East Gale Ave. | City of Industry | CA 91745
JOB
P 626.968.5666 | F 626.369.2695 | www.aal.net TYPE
Copyright © 2014 | Rev 2.15 NOTES | 2 |
Parkway Square® Pedestrian Vertical LED – PKWM TYPE
LUMINAIRE PERFORMANCE
Luminaire Performance Data
3K 4K 5K
Optical Drive System
Lens Distribution LigVt Engine Bug Bug
System Delivered Efficacy Rating Delivered Efficacy Rating Delivered Efficacy Bug Rating Current Watts
Lumens (lm/w) Lumens (lm/w) Lumens (lm/w) (ma)
B U G B U G B U G
TYPE 2 Y2VC 3,369 58 1 2 2 4,222 73 2 3 2 4,470 77 2 3 3
TYPE 3 Y3VC 3,418 59 1 2 2 4,283 74 1 2 2 4,535 78 1 2 2
525 58
TYPE 4 Y4VC 3,285 57 1 2 2 4,117 71 1 2 2 4,360 75 1 3 3
TYPE 5 Y5VC 3,548 61 2 2 2 4,446 77 3 2 2 4,708 81 3 2 2
Clear Lens
TYPE 2 Y2VC 2,452 65 1 2 2 3,073 81 1 2 2 3,253 86 1 2 2
TYPE 3 Y3VC 2,488 65 1 2 1 3,117 82 1 2 2 3,301 87 1 2 2
350 38
TYPE 4 Y4VC 2,391 63 1 2 2 2,996 79 1 2 2 3,173 84 1 2 2
TYPE 5 Y5VC 2,582 68 2 2 1 3,235 85 2 2 2 3,426 90 2 2 2
YLED
TYPE 2 Y2VD 1,938 33 1 3 2 2,343 40 1 3 2 2,531 44 1 3 2
TYPE 3 Y3VD 2,113 36 1 3 2 2,556 44 1 3 2 2,761 48 1 3 2
525 58
TYPE 4 Y4VD 2,010 35 1 3 2 2,432 42 1 3 2 2,626 45 1 3 2
TYPE 5 Y5VD 2,088 36 1 3 2 2,526 44 1 3 2 2,729 47 1 3 2
Diffused Lens
TYPE 2 Y2VD 1,410 37 1 3 2 1,706 45 1 3 2 1,842 48 1 3 2
TYPE 3 Y3VD 1,538 40 1 3 2 1,861 49 1 3 2 2,010 53 1 3 2
350 38
TYPE 4 Y4VD 1,463 39 1 3 2 1,770 47 1 3 2 1,912 50 1 3 2
TYPE 5 Y5VD 1,520 40 1 3 2 1,839 48 1 3 2 1,986 52 1 3 2
ELECTRICAL CHARACTERISTICS
Electrical Characteristics Inrush Current Dimming
Optical LED Amps AC Min. Max Operating 120V 277V Source Current
Ordering Code System Dimming
System Drive Power THD Temp. out of 0-10V
Watts T(@50% of T(@50% of Range
mA 120 277 Factor (%) Range Ipeak (A) Ipeak (A) Purple Wire
Ipeak) Ipeak)
525 525 58 0.5 0.2 -40°C TO 10% to
YLED 32LED 0.9 20 21 160 µS 49 160 µS 1 mA
350 350 38 0.3 0.1 +55°C 100%
LED COLOR
Ordering Code
Consult factory for Amber, 3K 4K 5K
Turtle Friendly, Gulf Coast and CCT Average 3000K 4000K 5000K
Observatory applications. CRI Minimum ≥ 80 ≥ 70 ≥ 70
WIRING LEADS
Luminaires not configured with
wiHUBB or photo-control shall be
provided with 0-10 purple and gray
dimming leads.
TM-21 LIFETIME CALCULATION
Projected Lumen Maintenance (% vs. Khrs)
Optical System Ordering Code Ambient Environment ° C TM-21* Reported L70
25 50 70 100
60
15 97 96 95 93 93
YLED 32LED 25 96 94 93 90 90 >60Khrs
40 94 91 90 86 86
ARCHITECTURAL AREA LIGHTING
16555 East Gale Ave. | City of Industry | CA 91745
JOB
P 626.968.5666 | F 626.369.2695 | www.aal.net TYPE
Copyright © 2014 | Rev 2.15 NOTES | 3 |
Parkway Square® Pedestrian Vertical LED – PKWM TYPE
SPECIFICATIONS
HOUSING CONTROLS FINISH
• All housing components shall be cast • SCP shall have an integral surge • Luminaire finish shall consist of a five
aluminum, sealed with continuous protection device with a currentt rating stage pretreatment regimen with a
silicone rubber gaskets. of 10,000 Amps using the industry polymer primer sealer, oven dry off, and
standard 8/20uSec wave and sure top coated with a thermoset super TGIC
• Hoods shall be of fabricated
polyester powder coat finish
construction with seamless blended rating of 372J
outside corners. Optional natural • Luminaire finish shall meet the AAMA
• Sensor not intended for use with 2604-05 performance specification which
stainless steel and or natural copper
hoods shall have a horizontal brushed additional photo-control, wireless includes passing a 3000 hour salt spray
grain. Natural copper hoods shall control or dimming systems. test for corrosion resistance.
naturally oxidize over time.
• Secondary lens shall be clear SERVICING CERTIFICATION
injection molded acrylic.
• Gear compartment shall be accessed • Luminaire shall be listed with ETL for
• All internal and external hardware via the removal of four 1/4-20 outdoor, wet location use, UL1598, UL
shall be stainless steel. fasteners. Driver and surge suppressor 8750 and Canadian CSA Std. C22.2
shall be mounted to a pre-wired tray no.250.
with quick disconnects that may be
OPTICAL removed from the gear compartment.
• LEDs shall be mounted to a metal WARRANTY / TERMS AND CONDITIONS
printed circuit board assembly OF SALE
(MCPCB) with a uniform conformal ARM MOUNTING
Download:
coating over the panel surface and • Luminaire shall be attached to the arm http://www.hubbelllighting.com/resources/
electrical features. assembly with four 1/4-20 stainless warranty/
• LED optics shall be clear injection steel bolts. The connection shall be
molded PMMA acrylic. sealed with a silicone compression
gasket.
• MCPCB and optic shall be sealed to
a die-cast anodized aluminum heat • Pole mounted arms shall bolt to a
sink with an injection molded silicone square pole or a 4"/100mm diameter
rubber gasket. IP66. round pole and secured with two bolts
with a minimum 3/8-16 thread size,
hardware by others.
ELECTRICAL • Wall mounted arms and brackets shall
• Luminaires shall have integral require mounting hardware by others.
surge protection that shall be U.L.
recognized and have a surge current
rating of 10,000 Amps using the
industry standard 8/20uSec wave and
surge rating of 372J.
• Drivers shall be U.L recognized with
an inrush current maximum of <20.0
Amps maximum at 230VAC.
• Drivers shall not be compatible with
current sourcing dimmers, consult
factory for current list of known
compatible dimming systems,
approved dimmers include Lutron
Diva AVTV, Lutron Nova NFTV and
NTFTV.
• Luminaire shall be capable of
operating at 100% brightness in
a 40°C environment. Both driver
and optical array shall have integral
thermal protection that will dim
the luminaire upon detection of
temperatures in excess of 85°C.
ARCHITECTURAL AREA LIGHTING
16555 East Gale Ave. | City of Industry | CA 91745
JOB
P 626.968.5666 | F 626.369.2695 | www.aal.net TYPE
Copyright © 2014 | Rev 2.15 NOTES | 4 |
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 9/14/2021 Title: Police Cruiser Replacement
Submitted By: Joe Buckingham Department: Equipment
Brief Summary:
The Equipment Division is requesting permission to purchase three (3) Chevy Tahoe’s to replace
existing vehicles in the Police Department Fleet.
Detailed Summary:
Tahoe’s will be purchased from Berger Chevrolet the State Mi-Deal contract holder. The price of
this vehicle is $38,836.00 each for a total price of $116,508.00 coming from the Equipment budget.
These vehicles were budgeted for replacement in the 21/22 Budget.
Amount Requested: $116,508.00 Amount Budgeted: $117,000.00
Fund(s) or Account(s): Equipment Fund(s) or Account(s):
Recommended Motion: Authorize staff to purchase three (3) Chevy Tahoe’s replacement
vehicles for Police Department.
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: Sept 14, 2021 Title: Special Event Fee Waiver Form
Submitted By: Leo Evans Department: Public Works
Brief Summary: To amend the current Special Event Fee Waiver Form to allow some fees to be
waived at the staff level.
Detailed Summary: This is the same application that was presented at the July Work Session.
Event fees under $2,500 would be eligible to be waived at various percentages based on the
answers to the questions on the form. Fees over $2,500 will still go before the Commission.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Approve the revisions to the Special Event Fee Waiver Application for
events scheduled in 2022 and authorize staff to waive fees per the stated requirements when less
than $2,500.
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
SPECIAL EVENT
FEE WAIVER
APPLICATION
Department of Public Works ● 1350 E Keating Ave ● Muskegon, MI 49440 ● 231-724-6907
This form must be submitted at least 30 days before your event date. In rare cases the City Commission may
consider an application up to 30 days after the invoice is sent.
ORGANIZATION’S INFORMATION
EVENT TITLE:
Applicant Name:
Organization Name:
Non-Profit I.D. or Tax Exempt #:
Address:
City State Zip
Phone: ( ) Cell: ( )
Email Address: Fax: ( )
EVENT INFORMATION
Event Type (please select all that apply):
□ Race (run, walk, bike, etc.) □ Tournament Type:
□ Parade □ Pass-Through
□ Street Fair/Festival □ Fundraiser Benefitting:
□ Concert □ Other
Event Location:
Why are you requesting to waive the Special Event Fee?
Page 1 of 2
Please identify the hardship incurred (please attach additional pages, if necessary):
Please identify how your organization benefits the community as outlined in the criteria below.
Please be specific (attach additional pages, if necessary):
CRITERIA CONSIDERED
The City will consider the following when reviewing a special event fee waiver request:
• Does the event promote/support a minority/disadvantaged group? Y N (Y+2)
• Is the event coordinated by a non-profit organization? Y N (Y+1)
• Is the non-profit located in the City of Muskegon? Y N (Y+1)
• Does the non-profit provide services to residents of the City of Muskegon? Y N (Y+1)
• Is the event free to the public? Y N (Y+1)
• Are you willing to provide an income statement for the previous year’s event? Y N (Y+1)
• Does the event generate revenue? Y N (N+1)
• Has this event had City fees waived in the last 2 years? Y N (N+2)
Staff can approve up to $2,500 in fee waivers based on a point system using the answers above and the detailed
descriptions. The first and last questions are worth 2 points; the rest are worth 1 point. Events will be given 100%
waiver for 10 points, 50% waiver for 7-9 points, and 25% waiver for 5-6 points.
Amounts over $2,500 must go before Commission and have at least 5 points to be considered.
Event Representative (signature) Date
Page 2 of 2
Rev. 03-19
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 14th, Title: Sanford Street & Glenside Phase 2
2021 Engineering Assistance
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is requesting authorization to approve the Professional Services Agreement with Prein & Newhof
to provide comprehensive engineering services for the design of water and sewer projects schedule for
construction in 2023 and planned for financing within the state revolving loan fund programs during
state fiscal year 2022.
Detailed Summary:
Staff is planning to pursue two (2) primary water/sewer projects as a part of the State of Michigan
Revolving Loan programs (DWRF / SRF) during the State 2022 Fiscal Year. These projects would be
constructed during 2023.
Sanford Street
This is the last phase of a three phase project of which Prein & Newhof has completed the prior two
phases. The first was completed in 2020 and included work on several alleys in additional to work on
Jefferson and Strong. The second was completed in 2021 and included work on Peck Street. This
project will include complete water/sewer upgrades on Sanford from Merrill south to Laketon. In
addition staff is proposing to fund the remainder of Sanford Street north to Apple as ineligible
(SRF/DWRF) expense. The project will include a substantial reduction in the width of Sanford Street
(40 FT – 27 FT) and is proposed to replace one of the sidewalks with a bike path that will connect from
the Laketon to Lakeshore Trails.
Glenside Phase 2
The first phase of this project was completed in 2020 and included work on Westwood Street. This
project will be focused on Hadden Street which will allow for the eventual abandonment of the utilities
in the non-existent alley between Westwood and Hadden.
Both projects are budgeted in the 21/22 budgets and will also have allocations included in the future
22/23 and 23/24 fiscal years. The two projects represent an approximately $8.5M Investment of which
nearly $2.5M will be forgiven through the loan program based on our qualification as a disadvantaged
community.
Amount Requested: $862,300 Amount Budgeted: $400,000
(FY21/22, 22/23 & 23/24) (FY 21/22)
Fund(s) or Account(s): 202/590/591 Fund(s) or Account(s): 202/590/591
Recommended Motion:
Authorize staff to sign the professional services agreement with Prein & Newhof to provide Engineering
Services for the water, sewer, road, and bike path projects on Sanford Avenue and Glenside Phase 2
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
August 30, 2021
Mr. Leo Evans, P.E.
City of Muskegon
Department of Public Works
1350 Keating Avenue
Muskegon, MI 49442
Re: Proposal for Professional Engineering Services for SRF/DWRF Implementation
Dear Mr. Evans:
We are submitting this proposal to provide professional engineering services to assist you with your
SRF/DWRF project for Fiscal 2022. The specific projects covered under this proposal include the
following:
• Sanford Street Sanitary Sewer and Water Main Replacement (Laketon to Apple) and Merrill
(Jefferson to Peck)
• Glenside Phase II – Hadden Street
• Terrace Street Non-motorized path (Apple to Shoreline Drive)
We have reviewed the projects and have developed the following scope of services based on the
project descriptions in the SRF and DWRF Project Plans. We assume that the City will follow the 4th
quarter funding schedule, which requires project documents to be completed and ready for bidding
by spring 2022, and construction will occur through the 2023 construction season.
Design and Bidding Phase
• Gather and review record plans, private utility information and any available records
pertinent to the proposed project areas;
• Complete topographic survey of all projects;
• Complete approximately one soil boring per 500 feet of project length;
• Assist City in determining proposed road section of Sanford including reduced road widths
and location of non-motorized pathway including a public meeting and project rendering;
• Complete design of proposed sanitary sewer, water main, service laterals, water services and
road reconstruction as detailed in the SRF and DWRF Project Plans;
• Assist City in tracking and developing easement documents for replacement of water services
on private property;
• Assist City in locating and communicating with residents to determine locations of laterals in
the Hadden Street project limit;
• Use City provided survey of Terrace Street to develop plans for a non-motorized path (NMP)
from Apple to Shoreline.
• Provide assistance with MDOT and Railroad ROW permitting for NMP including signal
rework;
• Attend three design review meetings;
• Prepare and submit permit applications (City to pay any permit fees);
4910 Stariha Drive Muskegon, MI 49441 t. 231-798-0101 f. 231-798-0337 www.preinnewhof.com
R:\PRP - Proposal Preparation\City of Muskegon\2021-07 SRF-DWRF\prp 2021-08-30 Evans revised.doc
Mr. Leo Evans
August 30, 2021
Page 2
• Prepare opinion of probable cost based on final design;
• Prepare Alternative Justifiable Expense (AJE);
• Prepare project specifications including specific SRF/DWRF requirements;
• Assist City with preparation of bidding packages (assumes 2 contracts) and contract
documents;
• Assist City with advertising for bids, providing responses to questions, preparing addendums;
• Attend pre-bid meeting and prepare minutes;
• Review bids and prepare bid tabulation and provide recommendations;
• Assist City with Part I and II SRF and DWRF Application Forms;
• Prepare Notice of Award and Notice to Proceed; and
• Assist City with preparation of final contracts for signing by Contractor
Construction Phase
• Schedule and attend preconstruction meetings and prepare minutes;
• Track and review shop drawings;
• Provide construction staking;
• Provide testing (soil density, gravel, asphalt, and concrete, etc.);
• Provide construction observation for all utility work and reconstruction of Sanford Street
assuming 27 weeks of construction, this will require two Construction Observers at certain
times (1,606 hours);
• Provide construction observation for construction of NMP on Terrace Street, assumed two
weeks of construction, (120 hours);
• Provide construction observation for all utility work and reconstruction of Hadden Street
assuming 15 weeks of construction, this will require two Construction Observers at certain
times (847 hours);
• Schedule and attend monthly progress meetings for each contract as needed, and prepare
minutes for each;
• Respond to RFIs, prepare payment applications and change orders;
• Prepare punch lists and close out documents; and
• Complete record plans and property iron replacement following completion.
Fee
Based on the scope of work described above, we propose to complete the work for a not to exceed cost of
$862,300. Our estimated time/work level of effort is attached. Our hourly rates are adjusted each
January. We have included an increase of 3% in hourly rates in 2022 and 2023.
Please note that there are still some uncertainties in the projects that may not have been
accounted for. We have included time for assisting with reconfiguration of Sanford with a
narrower street and possible non-motorized path. However, depending on the final design, our
construction estimates may need to be revisited. Once the construction contracts are awarded
and construction schedules are provided, we will review the hours allocated for the construction
phase services with you to determine whether adjustments need to be made.
R:\PRP - Proposal Preparation\City of Muskegon\2021-07 SRF-DWRF\prp 2021-08-30 Evans revised.doc
Mr. Leo Evans
August 30, 2021
Page 3
Thank you for the opportunity to provide this proposal. Please contact us if you have any questions.
Sincerely,
Prein&Newhof
Barbara E. Marczak, P.E.
Enclosures: Estimated work effort/fee, Professional Services Agreement
R:\PRP - Proposal Preparation\City of Muskegon\2021-07 SRF-DWRF\prp 2021-08-30 Evans revised.doc
Professional Hours Worksheet
City of Muskegon - SRF/DWRF
Sen. PM Sen. PM Sen. PM PM Sen Eng Sen LA Eng. CADD/GIS Sen. Observer Observer Sen Eng Geotech Eng II Survey Tech I Expense
Staff Member Mileage Total Cost
Marczak Prein Hulst DeNooyer Levandoski Staff Staff TBD Tezak J. Cruick Staff Van Kuik Item Cost
Preliminary Design
Kickoff Meeting 4 4 6 35 $1,900
Preliminary Engineering 4 5 12 $2,700
Meeting with Stakeholders for Sanford 3 3 3 35 $1,200
Soil Borings (Sanford) 2 1 19 $4,780 $8,200
Soil Borings (Hadden) 2 1 5 $2,000 $3,300
Topo Survey and Aerial Mapping (Sanford) 1 177 Mapping $5,930 $39,200
Topo Survey and Aerial Mapping (Hadden) 1 159 Mapping $4,830 $34,700
Topo Survey for NMP Apple to Shoreline 45 $8,300
Hadden Sanitary Lateral Survey 12 25 25 $6,800
Concept Renderings 20 40 $7,900
QA/QC 4 4 2 2 $1,700
Review Meeting 4 4 4 35 $1,600
Preliminary Subtotals 19 0 8 54 46 42 4 0 0 25 0 24 0 381 0 $17,540 105 $117,500
Design
Easements water services and sanitary laterals 1 20 19 $5,900
Sanford Design 4 40 266 420 $92,200
Sanford Staging, Phasing, MOT Design 1 20 14 $4,400
Hadden Design 4 20 144 130 $37,100
Hadden Staging, Phasing, MOT Design 2 5 $800
NMP Design Apple to Shoreline 1 10 108 $15,500
Railroad ROW Permit 2 10 16 $3,500
Shoreline Signal Improvements 1 47 38 $9,800
SESC Permit Application (2) 1 5 4 Printing $600 $1,700
EGLE Sewer Permit Application (2) 1 5 $700
EGLE Water Permit Applications (2) 1 5 10 Printing $600 $2,100
Specifications for Sanford 5 20 20 $4,500
Specifications for Hadden 5 20 20 15 $4,500
Meeting w/ Client (3) 6 6 6 35 $2,500
Cost Estimate 1 5 20 $3,100
QA/QC 20 20 10 15 15 15 $12,700
2022 Rates (+3.0%) $6,000
Design Subtotals 35 20 0 102 551 0 0 709 15 0 61 0 38 19 54 $1,200 50 $207,000
Page 1 of 2
Professional Hours Worksheet
City of Muskegon - SRF/DWRF
Sen. PM Sen. PM Sen. PM PM Sen Eng Sen LA Eng. CADD/GIS Sen. Observer Observer Sen Eng Geotech Eng II Survey Tech I Expense
Staff Member Mileage Total Cost
Marczak Prein Hulst DeNooyer Levandoski Staff Staff TBD Tezak J. Cruick Staff Van Kuik Item Cost
Bid Phase
Advertise and Issue Bid Package 2 10 30 $3,700
Bidder Questions 5 10 $1,800
Pre-bid Meeting 8 6 4 20 $2,500
Addenda 6 15 10 $3,300
Attend Bid 2 20 $300
Review Bids/Recommend Award 1 3 10 8 $2,300
Prepare Contracts 2 8 Printing $600.00 $1,500
2022 Rates (+3.0%) $400
Bid Phase Subtotals 9 0 0 24 51 0 0 0 0 0 0 0 0 0 56 $600 40 $15,800
Construction Engineering Services
Sanford
Preconstruction Meeting and Minutes 3 3 6 60 $1,600
Preconstruction Video (2 hours ) 6 70 $600
Construction Staking Sanford 332 $61,100
Construction Staking NMP 1 33 $6,200
NMP CO (2 weeks, 12 days) 1 4 120 $11,600
Sanford CO (27 weeks, 146 days) 80 1606 Misc. Test. $10,000 1,460 $167,600
Project Administration 20 50 270 $41,100
Respond to RFIs 10 30 $4,800
Change Orders (3 per contract) 9 30 $4,700
Pay Apps (8) 8 40 $5,700
Progress Meetings (monthly per contract) 6 13 18 100 $4,800
Punch List Visits (3) 10 20 20 72 $5,500
Record Plans/Closeout 5 10 61 20 $11,700
Iron Replacement (Included in survey) 4 $500
Hadden
Preconstruction Meeting and Minutes 3 3 6 60 $1,600
Preconstruction Video (2 hours ) 6 20 $600
Construction Staking Hadden 216 $39,700
Hadden CO (77 days) 847 Misc. Test. $5,000 770 $83,900
Project Administration 10 25 95 $15,900
Respond to RFIs 5 10 $1,800
Change Orders (3 per contract) 6 30 $4,300
Pay Apps (5) 5 20 $3,000
Progress Meetings (monthly per contract) 4 6 6 30 $2,100
Punch List Visits (2) 6 20 10 30 $4,100
Record Plans/Closeout 2 20 30 10 $7,500
Iron Replacement (Included in survey) $0
2023 Rates (+6.0%) $30,000
Construction Engineering Subtotals 46 0 0 167 636 0 80 95 0 2645 0 0 0 581 0 $15,000 2,672 $522,000
Project Grand Total 100 20 8 347 1,284 42 84 804 15 2,670 61 24 38 981 110 $34,340 2,867 $862,300
Page 2 of 2
Standard Terms & Conditions
A. General - As used in this Prein&Newhof Standard Terms and Conditions for Professional Services (hereinafter “Terms and
Conditions”), unless the context otherwise indicates: the term “Agreement” means the Professional Services Agreement
inclusive of all documents incorporated by reference including but not limited to this P&N Standard Terms and Conditions
for Professional Services; the term “Engineer” refers to Prein & Newhof, Inc.; and the term “Client” refers to the other party
to the Professional Services Agreement.
These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of
the State of Michigan.
B. Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under
the Agreement will be the care and skill ordinarily used by members of Engineer’s profession of ordinary learning, judgment
or skill practicing under the same or similar circumstances in the same or similar community, at the time the services are
provided.
C. Disclaimer of Warranties - Engineer makes no warranties, expressed or implied, under the Agreement or otherwise.
D. Construction/Field Observation - If Client elects to have Engineer provide construction/field observation, client
understands that construction/field observation is conducted to reduce, not eliminate the risk of problems arising during
construction, and that provision of the service does not create a warranty or guarantee of any type. In all cases, the
contractors, subcontractors, and/or any other persons performing any of the construction work, shall retain responsibility for
the quality and completeness of the construction work and for adhering to the plans, specifications and other contract
documents.
E. Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for
construction means, methods, techniques, sequences, or procedures, or for any safety precautions and programs in
connection with the construction work, for the acts or omissions of the Contractor, Subcontractors, or any other persons
performing any of the construction work, or for the failure of any of them to carry out the construction work in accordance
with the plans, specifications or other contract documents.
F. Opinions of Probable Costs – Client acknowledges that Engineer has no control over market or contracting conditions and
that Engineer’s opinions of costs are based on experience, judgment, and information available at a specific period of time.
Client agrees that Engineer makes no guarantees or warranties, express or implied, that costs will not vary from such
opinions.
G. Client Responsibilities
1. Client shall provide all criteria, Client Standards, and full information as to the requirements necessary for Engineer to
provide the professional services. Client shall designate in writing a person with authority to act on Client’s behalf on all
matters related to the Engineer’s services. Client shall assume all responsibility for interpretation of contract documents
and construction observation/field observation during times when Engineer has not been contracted to provide such
services and shall waive any and all claims against Engineer that may be connected thereto.
2. In the event the project site is not owned by the Client, the Client must obtain all necessary permission for Engineer to
enter and conduct investigations on the project site. It is assumed that the Client possesses all necessary permits and
licenses required for conducting the scope of services. Access negotiations may be performed at additional costs.
Engineer will take reasonable precaution to minimize damage to land and structures with field equipment. Client
assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to
Engineer’s performance of services.
3. The Client, on behalf of all owners of the subject project site, hereby grants permission to the Engineer to utilize a small
unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition. The Client is responsible to provide
required notifications to the property owners of the subject project site and affected properties where the sUAS services
will be performed. The Engineer will operate the sUAS in accordance with applicable State and Federal Laws.
H. Hazardous or Contaminated Materials/Conditions
1. Client will advise Engineer, in writing and prior to the commencement of its services, of all known or suspected
Hazardous or Contaminated Materials/Conditions present at the site.
2. Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated
Materials/Conditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate
its services. Engineer and Client also agree that the discovery of said Materials/Conditions may make it necessary for
Engineer to take immediate measures to protect health, safety, and welfare of those performing Engineer’s services.
Client agrees to compensate Engineer for any costs incident to the discovery of said Materials/Conditions.
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3. Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site. Similarly, a site
which is in fact unaffected by contaminants at the time of Engineer’s surface or subsurface exploration may later, due to
natural phenomena or human intervention, become contaminated. The Client waives any claim against Engineer, and
agrees to defend, indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that
Engineer does not detect the presence of contaminants through techniques commonly employed.
4. The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the
laws pertaining to environmental issues, Engineer cannot offer legal advice to the Client. Engineer urges that the Client
seek legal assistance from a qualified attorney when such assistance is required. Furthermore, the Client is cautioned to
not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal
representation of environmental law or practice.
5. Unless otherwise agreed to in writing, the scope of services does not include the analysis, characterization or disposal of
wastes generated during investigation procedures. Should such wastes be generated during this investigation, the Client
will contract directly with a qualified waste hauler and disposal facility.
I. Underground Utilities – To the extent that the Engineer, in performing its services, may impact underground utilities,
Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the
services for which Engineer has been contracted, including contacting the appropriate underground utility locating entities
and reviewing utility drawings provided by others. Engineer will take reasonable precautions to avoid damage or injury to
underground utilities and other underground structures. Client agrees to hold Engineer harmless for any damages to below
ground utilities and structures not brought to Engineers attention and/or accurately shown or described on documents
provided to Engineer.
J. Insurance
1. Engineer will maintain insurance for professional liability, general liability, worker’s compensation, auto liability, and
property damage in the amounts deemed appropriate by Engineer. Client will maintain insurance for general liability,
worker’s compensation, auto liability, and property damage in the amounts deemed appropriate by Client. Upon request,
Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages.
2. Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as
specified in project contract documents. Client shall cause Engineer, Engineer’s consultants, employees, and agents to be
listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer
provides services. Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect
that, in the event of payment of any loss or damages, subrogation rights under these Terms and Conditions are hereby
waived by the insurer with respect to claims against Engineer.
K. Limitation of Liability - The total liability, in the aggregate, of Engineer and Engineer’s officers, directors, partners,
employees, agents, and consultants, whether jointly, severally or individually, to Client and anyone claiming by, through, or
under Client, for any and all injuries, losses, damages and expenses, whatsoever, arising out of, resulting from, or in any
way related to the Project or the Agreement, including but not limited to the performance of services under the Agreement,
from any cause or causes whatsoever, including but not limited to the negligence, professional errors or omissions, strict
liability or breach of contract or warranty, expressed or implied, of Engineer or Engineer’s officers, directors, partners,
employees, agents, consultants, or any of them, shall not exceed the amount of the compensation paid to Engineer under this
Agreement, or the sum of fifty thousand dollars and no cents ($50,000.00), whichever is less. Recoverable damages shall be
limited to those that are direct damages. Engineer shall not be responsible for or held liable for special, indirect or
consequential losses or damages, including but not limited to loss of use of equipment or facility, and loss of profits or
revenue.
Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or
omission of any director, officer, or employee of Engineer, in the execution or performance of the Agreement, shall be made
against Engineer and not against such director, officer, or employee.
L. Documents and Data
1. All documents prepared or furnished by Engineer under the Agreement are Engineer’s instruments of service, and are
and shall remain the property of Engineer.
2. Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format. Client
recognizes that data provided in electronic format can be corrupted or modified by the Client or others, unintentionally or
otherwise. Consequently, the use of any data, conclusions or information obtained or derived from electronic media
provided by Engineer will be at the Client’s sole risk and without any liability, risk or legal exposure to Engineer, its
employees, officers or consultants.
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3. Any extrapolations, conclusions or assumptions derived by the Client or others from the data provided to the Client,
either in hard copy or electronic format, will be at the Client’s sole risk and full legal responsibility.
M. Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test
locations used by Engineer as the basis of its design. Consequently, Engineer does not guarantee or warrant that actual site
conditions will not vary from those used as the basis of Engineer’s design, interpretations and recommendations. Engineer is
not responsible for any costs or delays attributable to differing site conditions. .
N. Terms of Payment - Unless alternate terms are included in the Agreement, Client will be invoiced on a monthly basis until
the completion of the Project. All monthly invoices are payable within 30 days of the date of the invoice. Should full
payment of any invoice not be received within 30 days, the amount due shall bear a service charge of 1.5 percent per month
or 18 percent per year plus the cost of collection, including reasonable attorney’s fees. If Client has any objections to any
invoice submitted by Engineer, Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice.
Unless otherwise agreed, Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of
service performance. Outside costs such as, but not limited to, equipment, meals, lodging, fees, and subconsultants shall be
actual costs plus 10 percent. In addition to any other remedies Engineer may have, Engineer shall have the absolute right to
cease performing any services in the event payment has not been made on a current basis.
O. Termination - Either party may terminate services, either in part or in whole, by providing 10 calendar days written notice
thereof to the other party. In such an event, Client shall pay Engineer for all services performed prior to receipt of such
notice of termination, including reimbursable expenses, and for any shut–down costs incurred. Shut–down costs may, at
Engineer’s discretion, include expenses incurred for completion of analysis and records necessary to document Engineer’s
files and to protect its professional reputation.
P. Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under
any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon
Client and P&N, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a
valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Non-
enforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the
enforceability of that provision or of the remainder of the Agreement.
Q. Dispute Resolution - If a dispute arises between the parties relating to the Agreement, the parties agree to use the following
procedure prior to either party pursuing other available remedies:
1. Prior to commencing a lawsuit, the parties must attempt mediation to resolve any dispute. The parties will jointly appoint
a mutually acceptable person not affiliated with either of the parties to act as mediator. If the parties are unable to agree
on the mediator within twenty (20) calendar days, they shall seek assistance in such regard from the Circuit Court of the
State and County wherein the Project is located, who shall appoint a mediator. Each party shall be responsible for paying
all costs and expenses incurred by it, but shall split equally the fees and expenses of the mediator. The mediation shall
proceed in accordance with the procedures established by the mediator.
2. The parties shall pursue mediation in good faith and in a timely manner. In the event the mediation does not result in
resolution of the dispute within thirty (30) calendar days, then, upon seven (7) calendar days’ written notice to the other
party, either party may pursue any other available remedy.
3. In the event of any litigation arising from the Agreement, including without limitation any action to enforce or interpret
any terms or conditions or performance of services under the Agreement, Engineer and Client agree that such action will
be brought in the District or Circuit Court for the County of Kent, State of Michigan (or, if the federal courts have
exclusive jurisdiction over the subject matter of the dispute, in the U.S. District Court for the Western District of
Michigan), and the parties hereby submit to the exclusive jurisdiction of said court.
R. Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called
for under the Agreement resulting from any cause beyond Engineer’s reasonable control.
S. Assignment - Neither party shall assign its rights, interests or obligations under this Agreement without the express written
consent of the other party.
T. Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is
sought to be enforced.
U. Survival - All express representations, indemnifications, or limitations of liability included in the Agreement shall survive
its completion or termination for any reason.
V. Third-Party Beneficiary – Client and Engineer agree that it is not intended that any provision of this Agreement establishes
a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party.
page 3 of 3
R:\Draft Specifications and Documents\Final P&N Agreements 2015-06-24\Standard Terms and Conditions - Public Entities.docx
(updated September 15, 2017)
Project No.
Professional Services Agreement
This Professional Services Agreement is made this 30th day of August, 2021 (“Agreement”) by
and between Prein & Newhof, Inc. (“P&N”), of 3355 Evergreen Drive, NE, Grand Rapids, MI
49525, and City of Muskegon (“Client”), of 933 Terrace Street, Muskegon, MI 49443.
WHEREAS Client intends to:
Implement FY 2022 projects defined in the City of Muskegon’s FY 2022 SRF and DWRF
Project Plans including the Sanford/Merrill Street and Glenside Phase II (Hadden Street)
projects. Terrace Street Non-motorized path between Apple and Sanford will also be included.
NOW THEREFORE, for and in consideration of the terms and conditions contained herein, the
parties agree as follows:
ARTICLE 1 – DESIGNATED REPRESENTATIVES
Client and P&N each designate the following individuals as their representatives with respect to
the Project.
For Client For P&N
Name: Leo Evans, P.E. Name: Barbara Marczak, P.E.
Title: Director of Public Works Title: Team Leader
Phone Number: 231-724-6920 Phone Number: 231-798-0101
Facsimile Number: 231-727-6904 Facsimile Number: 231-798-0337
E-Mail Address: leo.evans@shorelinecity.com E-Mail Address: bmarczak@preinnewhof.com
ARTICLE 2 – GENERAL CONDITIONS
This Agreement consists of this Professional Services Agreement and the following documents
which by this reference are incorporated into and made a part of this Agreement.
☐ P&N Standard Terms and Conditions for Professional Services
☒ P&N Proposal dated August 30, 2021
☒ P&N Standard Rate Schedule
☐ P&N Supplemental Terms and Conditions
☒ Other: P&N Modified Standard Terms and Conditions for Professional Services (Limitation
of Liability)
3355 Evergreen Drive, NE Grand Rapids, MI 49525 t.616-364-8491 f. 616-364-6955 www.preinnewhof.com
Page 1 of 2
Template date: January 15, 2016 R:\PRP - Proposal Preparation\City of Muskegon\2021-07 SRF-DWRF\PSA agm 2021-08-30 City of Muskegon revised.docx
ARTICLE 3 – ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT:
Client hereby requests, and P&N hereby agrees to provide, the following services:
☒ P&N Scope of Services per Proposal dated August 30, 2021
☐ Scope of Services defined as follows:
NA
ARTICLE 4 – COMPENSATION:
☐ Lump Sum for Services Described in Article 3 above - $.
Additional services to be billed per P&N’s Standard Rate Schedule in effect on the date
the additional service are performed.
☐ Hourly Billing Rates plus Reimbursable Expenses per P&N’s Standard Rate Schedule in effect
on the date services are performed.
☒ Other: Hourly rates and expenses as described in August 30, 2021 proposal. Maximum not to
exceed $862,300 without City of Muskegon authorization.
ARTICLE 5 – ADDITIONAL TERMS (If any)
None
This Agreement constitutes the entire Agreement between P&N and Client and supersedes all prior
written or oral understandings. This Agreement may not be altered, modified or amended, except
in writing properly executed by authorized representatives of P&N and Client.
Accepted for: Accepted for:
Prein&Newhof, Inc. City of Muskegon
By: By:
Printed Name: Jason Washler, P.E. Printed Name: Leo Evans, P.E.
Title: Vice President Title: Director of Public Works
Date: August 5, 2021 Date:
Page 2 of 2
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F
F
12
F
F
F
T ST
CITY OF MUSKEGON
F
''
10
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E
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MUSKEGON COUNTY, MICHIGAN
8''
8''
F
AV F F
1S
R
F
E
RA
RO SANFORD STREET
F
F
F
18''
F
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CE
O
F
SANITARY SEWER REPLACEMENT
F
M F
F
ST 1
F
CONCEPTUAL DESIGN
F
F 8''
8 ''
2 ''
FIGURE 4A
10
8''
2210212
F F
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10
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LEGEND
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6''
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AV
F
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Existing Manhole
8''
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F
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J:\GIS_Client\Mskgn-GD\Mskgn-GD\22101212_SRF\2210212_Figure 4_Sanford.mxd - PN\EJD - 3/5/2021 2:25:50 PM
F
F 8'' F F WASHINGTON AVE
8''
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F 10'' F F
8''
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CLINTON ST
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SCALE: 1 " = 200 '
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12''
F F
GRAND AVE
10''
F
F F F
GRAND AVE
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
F
F
F
F
SANFORD STREET
SANITARY SEWER REPLACEMENT
F
F
CONCEPTUAL DESIGN
8''
12''
FIGURE 4A
FIGURE 4B
8''
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F
2210212
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F
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LEGEND
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F
F
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10''
8''
JIROCH ST
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8'' 8''
F
F F
F
SOUTHERN AVE F 8'' F Proposed Gravity Main
F
F
Existing Manhole
F
6TH ST
F
F
F
F Existing Gravity Main
F
F
F
F
8''
F Existing Gravity Main - To Be Abandoned
F
8''
F
F
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8''
F
F F 6''
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FOREST AVE 8'' 4''
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10 F
F
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10''
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F
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F
8''
ST
LEAHY ST
F
F
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F
F
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F
10''
FF
F
F
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F F F 10'' F
8'' F 8'' F
F 8''
F
F
F
F
JEFFERSON ST
8''
F
F
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F
F
F
J:\GIS_Client\Mskgn-GD\Mskgn-GD\22101212_SRF\2210212_Figure 4_Sanford.mxd - PN\EJD - 3/5/2021 2:25:50 PM
F
8''
F
8''
8''
F
F F
F
F 8'' LARCH AVE 10''
F 8'' F
8''
F
F F 10''
F
F F
F F
F
8''
F
8''
F
F
F
F
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!
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F
SCALE: 1 " = 200 '
F
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LAKETON AVE
8''
F
8''
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8''
F
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F
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CITY OF MUSKEGON
F
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BOURDON ST
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F
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F
F
LEGEND
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F
8''
'' Proposed Manhole
F
F
F Proposed Gravity Main
F
F
F
8''
F
F
Proposed Forcemain
F
F
F RIDGE AVE
F
F
F
Existing Manhole
F
6''
10''
Existing Gravity Main
F
F F
F
F
F
F 8'' Existing Gravity Main - To Be Abandoned
F
F
F
8''
F
F
Phase IV
HADDEN ST
F
8''
F
F
F F F
F
F
LEXINGTON AVE
8''
F
6''
F
F
F
F
Phase II
F
F
F
F
F
F 8''
WESTWOOD ST
F F
F
F
F 8'' F
WICKHAM DR
F
24''
F
F
F
F
BEARDSLEY AVE
F
F
F
F
F
F
F F F
F
F 8''
CUMBERLAND ST
F
F
8''
GLE NSIDE BLVD
10''
F F 8''
F
F
F
F
F
F
F
F
24''
FRANDOLPH AVE F
F
8'' F
F
8''
10''
F
PINE GROVE S T
F
F 8''
F F
F 8''
F
8''
F F
Phase III
F
F
F
8'' F
Phase V
F F 8''
F F
F
F
10''
F
F
F FWINCHESTER DR F
F
F
8''
F
F
8''
8''
F F
F F
J:\GIS_Client\Mskgn-GD\Mskgn-GD\22101212_SRF\2210212_Figure 5_Glenside.mxd - PN\EJD - 2/25/2021 5:20:32 PM
F F
F
F
F
F
8''
F
F
F
8''
F F 8''
F
F
F
F F F F
F
F
F
F
F
FMONTAGUE AVE
F
F
F
F F
F
F F
F
8'' 8'' F
F
F 10''
F
F
F F 10'' F F F F F F F F
18
I
!
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SHERMAN BLVD
F
SCALE: 1 " = 250 '
City of Muskegon
Principal Forgiveness Summary
FY 2022 - SRF (estimated SRF loan = $3,815,000)
Estimated Disadvantaged Principal Forgiveness (20%) $763,000
Estimated additional Principal Forgiveness for MAHI <36,000 (10%) $381,500
Total FY 2022 SRF Principal Forgiveness $1,144,500
FY 2022 DWRF (estimated loan = $6,710,000)
Lead Service Line Replacements - Principal Forgiveness $3,000,000
Drinking Water Infrastructure Grant $1,014,000
Estimated Disadvantaged Principal Forgiveness $607,250
Estimated Additional Principal Forgiveness for MAHI < $35,000 $121,450
Total FY 2022 DWRF Principal Forgiveness $4,742,700
Total Principal Forgiveness $5,887,200
Interest Rate = 1.875% (20 year loans)
Prepared by Prein&Newhof R:\PRP - Proposal Preparation\City of Muskegon\2021-07 SRF-DWRF\Summary Table Principal Forgiveness
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 14th, Title: Bulk Sticker Fee Adjustment
2021
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is requesting Commission approval to adjust the user fee for Bulk Item stickers from the current
rate of $2/EA or 6 for $10 to a new proposed rate of $3/EA and 4 for $10.
Detailed Summary:
Staff is planning to increase the user fee for bulk item stickers and begin to offer free bags with the
purchase of a sticker. Residents purchasing a sticker would be able to take one bag per sticker. Two
bag options would be provided; a heavy duty 60 gallon bag for miscellaneous items; or a larger thin
bag for wrapping a mattress. The hope is this program will save someone from having to make a
separate stop to purchase bags and stickers and make it into a single stop operation.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion:
Authorize a change to the Bulk Item Sticker pricing in the user fee schedule to $3 per each or 4 each for $10.
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: September 13, Title: Amendment to the Floodplain
2021 Management Ordinance
Submitted By: Mike Franzak Department: Planning
Brief Summary: Staff-initiated request to amend Sections 26-401 through 26-405 of the City Code
of Ordinances to adopt the new Flood Insurance Rate Map panels from the National Flood Insurance
Program.
Detailed Summary: The only change is to the Flood Insurance Rate Map panels listed in Section
26-403.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the request to amend Sections 26-401 through 26-405 of the
City Code of Ordinances to adopt the new Flood Insurance Rate Map panels from the National Flood
Insurance Program.
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Sections 26-401, 26-402, 26-403, 26-404 and 26-405 of the City Code of Ordinances to
adopt the new Flood Insurance Rate Map panels.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
NEW LANGUAGE (additions in bold)
Sec. 26-401. Agency designated.
Pursuant to the provisions of the state construction code, in accordance with section 8b(6) of Act 230 of the Public
Acts of 1972, as amended, the planning department of the City of Muskegon is hereby designated as the enforcing
agency to discharge the responsibility of the City of Muskegon under Act 230, of the Public Acts of 1972, as amended,
State of Michigan. The City of Muskegon assumes responsibility for the administration and enforcement of said Act
throughout the corporate limits of the community adopting this ordinance.
Sec. 26-402. Code appendix enforced.
Pursuant to the provisions of the state construction code, in accordance with section 8b(6) of Act 230 of the Public
Acts of 1972, as amended, Appendix G of the Michigan Building Code shall be enforced by the enforcing agency
within the jurisdiction of the community adopting this article.
Sec. 26-403. Designation of regulated flood prone hazard areas.
The Flood Insurance Study for Muskegon County, All Jurisdictions, effective October 7, 2021 and the Flood Insurance
Rate Map (FIRM) panels: 26121CIND0B, 26121C0144E, 26121C0163E, 26121C0164E, 26121C0251E,
26121C0252E, 26121C0254E, 26121C0256E, 26121C0257E, 26121C0258E, 26121C0259E, 26121C0276E,
26121C0278E, 26121C0279E, effective October 7, 2021 and 26121C0165D, 26121C0277D,
26121C0285D, effective July 6, 2015 are adopted by reference for the purposes of administration of the Michigan
Construction Code and declared to be a part of section 1612.3 of the Michigan Building Code, and to provide the
content of the "flood hazards" section of table R301.2(1) of the Michigan Residential Code.
Sec. 26-404. Repeals. All ordinances inconsistent with the provisions of this article are hereby repealed.
Sec. 26-405. Publication. This article shall be effective after legal publication and in accordance with the provisions of
the act governing same.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 14th day of September, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon.
DATED: ___________________, 2021. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published immediately after final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on September 14, 2021 the City Commission of the City of Muskegon adopted an
ordinance to amend Sections 26-401, 26-402, 26-403, 26-404 and 26-405 of the City Code of Ordinances
to adopt the new Flood Insurance Rate Map panels.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk
in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective immediately after the date of this publication.
Published ____________________, 2021. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
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PUBLISH ONCE WITHIN IMMEDIATELY AFTER FINAL PASSAGE.
Account No. 101-80400-5354
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 14, Title: Sale – 239 Monroe Ave.
2021
Submitted By: Hope Griffith Department: Planning Department
Brief Summary: City staff is seeking authorization to sell the City-owned home at 239 Monroe Ave.
to Dakota J. Crow and Annah Crow.
Detailed Summary: The city constructed this house 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. There are additional costs $7,286.12 (switching the range from electric to gas,
changing laminate counter tops in the kitchen from solid to surface, discount kitchen sink, hook up
new single-bowl undermount sink & permits, fees, dumpster). The accepted purchase price is
$177,900.
Amount Requested: None. Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Authorize the Code Coordinator to complete the sale of 239 Monroe Ave,
as described in the attached purchase agreement and to have the Mayor and Clerk sign the deed.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
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WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
# 3
DATE: 08/25/2021 , (time) MLS # 21017086
SELLING OFFICE: West Urban Realty BROKER LIC.#: 6506015435 REALTOR® PHONE: 616-366-2459
LISTING OFFICE: West Urban Realty REALTOR® PHONE: 616-366-2459
1. Effective Date: This Agreement is effective on the date of Seller's acceptance of Buyer's offer or Buyer's acceptance of any
counteroffer, as the case may be, and this date shall hereafter be referred to as the "Effective Date". Further, any reference to "days"
in this Agreement refers to calendar days. The first calendar day begins at 12:01 a.m. on the day after the Effective Date. Any reference
to "time" refers to local time.
2. Agency Disclosure: The Undersigned Buyer and Seller each acknowledge that they have read and signed the Disclosure Regarding
Real Estate Agency Relationships. The selling licensee is acting as (check one):
Agent/Subagent of Seller Buyer’s Agent Dual Agent (with written, informed consent of both Buyer and Seller)
Transaction Coordinator
Primary Selling Agent Name: Mariana Murillo VanDam Email: mariana@westurbanrealtymi.c Lic.#: 6506015435
Alternate Selling Agent Name: Email: Lic.#:
3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.)
Buyer has received the Seller’s Disclosure Statement, dated . Seller certifies to Buyer that the Property
is currently in the same condition as Seller previously disclosed in that statement. Seller agrees to inform Buyer in writing of any
changes in the content of the disclosure statement.
Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt
of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this
Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by
registered mail. Exceptions: new construction home warranty
Seller is exempt from the requirements of the Seller Disclosure Act.
4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached
and will be an integral part of this Agreement.
5. Property Description: Buyer offers to buy the property located in the City Village Township of Muskegon ,
County of Muskegon County , Michigan, commonly known as (insert mailing address: street/city/state/zip code)
239 Monroe Avenue, 239, Muskegon, MI 49441
with the following legal description and tax parcel ID numbers:
Unit 239, Midtown 2 Condominium, a Condominium according to the Master Deed recorded in Liber 4242, Page 355, as
amended, in the Office of the Muskegon County Register of Deeds, and designated as Muskegon County Condominium
Subdivision Plan No. 214, together with rights in general common elements and limited common elements as set forth in said
PP# 24-205-379-0003-00 .
The following paragraph applies only if the Premises include unplatted land:
Seller agrees to grant Buyer at closing the right to make (insert number) na division(s) under Section 108(2), (3), and
(4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays
with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the
number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale
will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or
before , of the proposed division to create the Premises.
6. Purchase Price: Buyer offers to buy the Property for the sum of $ $177900
one hundred seventy-seven thousand nine hundred U.S. Dollars
7. Seller Concessions, if any: na
8. Terms: The Terms of Purchase will be as indicated by “X” below: (Other unmarked terms of purchase do not apply.)
SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close this transaction on the terms specified below
are currently available to Buyer in cash or an equally liquid equivalent.
If the Property’s value stated in an appraisal obtained by Buyer or Buyer’s lender is less than the Purchase Price, Buyer shall within
three (3) days after receipt of the appraisal: 1) renegotiate with the Seller, 2) terminate the transaction, in which case Buyer shall
receive a refund of Buyer’s Earnest Money Deposit, or 3) proceed to close the transaction at the agreed Purchase Price.
CASH. The full Purchase Price upon execution and delivery of Warranty Deed. Buyer Agrees to provide Buyer Agent/Dual Agent
verification of funds within five (5) days after the Effective Date, and consents to the disclosure of such information to Seller and/or
Seller’s Agent. If verification of funds is not received within 5 days after the Effective Date, Seller may terminate this Agreement
at any time before verification of funds is received by giving written notice to Buyer. Any appraisal required by Buyer shall be
arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement.
NEW MORTGAGE. The full Purchase Price upon execution and delivery of Warranty Deed, contingent upon Buyer’s ability to
obtain a type (year) mortgage in the amount of % of the Purchase Price
bearing interest at a rate not to exceed % per annum (rate at time of loan application), on or before the date the sale is
to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to
process the application, within days after the Effective Date, not to impair Buyers’ credit after the date such loan if
offered. Seller Buyer will agree to pay an amount not to exceed $ representing repairs required as a
condition of financing. Buyer agrees does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from
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Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent.
Exceptions:
SELLER FINANCING (check one of the following): CONTRACT or PURCHASE MONEY MORTGAGE
In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the
credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if
Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer
within 48 hours. Seller is advised to seek professional advice regarding the credit report.
$ upon execution and delivery of a
form (name or type of form and revision date), a copy of which is attached, wherein the balance of $
will be payable in monthly installments of $ or more including interest at % per annum,
interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance
will become due and payable months after closing. Any appraisal required by Buyer shall be arranged and
paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions:
EQUITY (check one of the following): Formal Assumption or Informal Assumption
Upon execution and delivery of: Warranty Deed subject to existing mortgage OR Assignment of Vendee Interest
in Land Contract, Buyer to pay the difference (approximately $ ) between the Purchase Price above
provided and the unpaid balance (approximately $ ) upon said mortgage or land contract, which Buyer
agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future
taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten
(10) days after the Effective Date of this Agreement. Exceptions:
OTHER:
9. Contingencies: Buyer’s obligation to consummate this transaction (check one):
IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer.
IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at:
3979 Lake Point Dr., Norton Shores, MIn49441
A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale
or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in
writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest
Money Deposit.
IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing
of a sale or exchange of Buyer’s property located at
on or before 10/31/2021 . Seller will have the right to continue to
market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy
thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such
price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified
promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions:
Seller to provide a copy of all covenants & deed restrictions, including fees and/or assessments.
10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All
improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the
following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and
bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage
disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached
shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and
pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on
heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid
heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete
rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball
backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars;
detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door
opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes:
all kitchen appliances. electric stove to be changed to gas stove per seller's cost.
but does not include:
239 Monroe Avenue, 239, Muskegon, MI 49441 08/25/2021
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations DJC AC FP
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Buyer’s Initials 08/25/21
Seller’s Initials
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11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of
possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and
cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except
that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is
expended through normal use. Exceptions:
12. Assessments (choose one):
If the Property is subject to any assessments,
Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless
of any installment arrangements), except for any fees that are required to connect to public utilities.
Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume
and pay all other installments of such assessments.
13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all
taxes billed after those addressed below.
Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property
tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the
Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when
property is transferred.
No proration. (Choose one):
Buyer Seller will pay taxes billed summer (year);
Buyer Seller will pay taxes billed winter (year);
Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if
necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment
and prorated to the date of closing with Seller paying for January 1 through the day before closing.
Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one): advance. arrears.
Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal
year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken
down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions:
14. Well/Septic: Within ten (10) days after the Effective Date, Seller will arrange for, at Seller’s expense, an inspection of the primary well
used for human consumption (including a water quality test for coliform bacteria and nitrates) and septic systems in use on the
Property. The inspection will be performed by a qualified inspector in a manner that meets county (or other local governmental
authority, if applicable) protocol. Seller will also follow any governmental rules regarding pumping of tanks.
Where no county or government protocol is in place, Seller will arrange for, at Seller’s expense, well and septic inspections (as
referenced above) by a qualified inspector, Seller will have tanks pumped, unless a qualified inspector determines, in writing, that
pumping is not necessary.
If any report discloses a condition unsatisfactory to Buyer, or doesn’t meet county standards that are a condition of sale, Buyer may,
within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and receive a
refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails
to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the well/septic as-
is. Seller will respond in writing within three (3) days to Buyer’s request. If Seller fails to respond or to arrive at a mutually agreeable
resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer will have three (3) days to provide written notice of
termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate the contract,
Buyer will proceed to closing according to the terms and conditions of this Agreement. Exceptions:
15. Inspections & Investigations:
Inspections: Buyer, or someone selected by Buyer, has the right to inspect the buildings, premises, components and systems, at
Buyer’s expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will be
Buyer’s responsibility and expense. In the event of VA financing, Seller will pay for the inspection for termites and other wood
destroying insects.
Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances
and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the
Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone.
DJC All inspections and investigations will be completed within ten (10) days after the Effective Date. If the results of Buyer’s inspections
08/25/21 and investigations are not acceptable to Buyer, Buyer may, within the above referenced period, by written notice to Seller, either
7:04 PM EDT terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct
AC
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those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be
08/25/21
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239 Monroe Avenue, 239, Muskegon, MI 49441 08/25/2021
Subject Property Address/Description Date Time
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Seller’s Initials
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deemed to have accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal
or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s
receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a
refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will
DJC be deemed to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this
Agreement.
08/25/21
Buyer has waived all rights under this Inspections & Investigations paragraph.
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08/25/2116. Municipal Compliances: Seller will arrange and pay for current certificates of occupancy, sidewalk compliance, and smoke detector
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17. Title Insurance: Seller agrees to convey marketable title to the Property subject to conditions, limitations, reservation of oil, gas and
other mineral rights, existing zoning ordinances, and building and use restrictions and easements of record. An expanded coverage
ALTA Homeowner’s Policy of Title Insurance in the amount of the Purchase Price shall be ordered by Seller and furnished to Buyer at
Seller’s expense, and a commitment to issue a policy insuring marketable title vested in Buyer, including a real estate tax status
report, will be made available to Buyer within ten (10) days after the Effective Date. If Buyer so chooses, or if an expanded policy is
not applicable, then a standard ALTA Owners’ Policy of Title Insurance shall be provided.
If Buyer objects to any conditions, Buyer may, within three (3) days of receipt of the Title Commitment, by written notice to Seller,
either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct
those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be
deemed to have accepted the Title Commitment as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s
proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days
after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and
shall receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day
period, Buyer will be deemed to accept the Title Commitment as-is and will proceed to closing according to the terms and conditions
of this Agreement. Exceptions: closing for buyer and seller to be held at Transnation Title.
Seller to convey basic owners policy per the master deed
18. Property Survey: Broker advises that Buyer should have a survey performed to satisfy Buyer as to the boundaries of the Property
and the location of improvements thereon.
Buyer or Seller (check one) shall within ten (10) days of the Effective Date, order, at their expense, a boundary survey with iron
corner stakes showing the location of the boundaries, improvements and easements in connection with the Property. Upon receipt of
the survey, Buyer will have three (3) days to review the survey. If the survey shows any condition, in Buyer’s sole discretion, which
would interfere with Buyer’s intended use of the Property, the marketability of the title, or zoning non-compliance, then Buyer may,
within said three (3) day period, terminate this Agreement, in writing, and Buyer will receive a full refund of Buyer’s Earnest Money
Deposit.
No survey. Buyer has waived all rights under this paragraph.
When closing occurs, Buyer shall be deemed to have accepted the boundaries of the Property and the location of such improvements
thereon. Exceptions:
19. Home Protection Plan: Buyer and Seller have been informed that home protection plans may be available. Such plans may provide
additional protection and benefit to the parties. Exceptions:
20. Prorations: Rent; association dues/fees, if any; insurance, if assigned; interest on any existing land contract, mortgage or lien
assumed by Buyer; will all be adjusted to the date of closing.
21. Closing: If agreeable to Buyer and Seller, the sale will be closed as soon as closing documents are ready, but not later than
10/31/2021 . An additional period of fifteen (15) days will be allowed for closing to accommodate the
correction of title defects or survey problems which can be readily corrected, or for delays in obtaining any lender required
inspections/repairs. During this additional period, the closing will be held within 5 days after all parties have been notified that all
necessary documents have been prepared. Buyer and Seller will each pay their title company closing fee, if applicable, except in the
case of VA financing where Seller will pay the entire closing fee. Exceptions:
22. Possession: Seller will maintain the Property in its present condition until the completion of the closing of the sale. Possession to be
delivered to Buyer, subject to rights of present tenants, if any.
At the completion of the closing of the sale.
At a.m. p.m. on the day after completion of the closing of the sale, during which time Seller
will have the privilege to occupy the Property and hereby agrees to pay Buyer $ as an occupancy
fee for this period payable at closing, WITHOUT PRORATION. Payment shall be made in the form of cash or certified funds.
If Seller fails to deliver possession to Buyer on the agreed date, Seller shall become a tenant at sufferance and shall pay to Buyer as
liquidated damages $ per day plus all of the Buyer’s actual reasonable attorney's fees incurred in removing the Seller
from the Property.
239 Monroe Avenue, 239, Muskegon, MI 49441 08/25/2021
Subject Property Address/Description Date Time
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If Seller occupies the Property after closing, Seller will pay all utilities during such occupancy. Buyer will maintain the structure and
mechanical systems at the Property. However, any repairs or replacements necessitated by Seller’s misuse, abuse, or neglect of any
portion of the Property will be Seller’s responsibility and expense.
On the agreed delivery date, Seller shall deliver the Property free of trash and debris and in broom-clean condition, shall remove all
personal property (unless otherwise stated in this or an additional written agreement), shall make arrangements for final payment on
all utilities, and shall deliver all keys to Buyer. Exceptions:
23. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until 9pm (time) on
08/25/2021 (date), to deliver the written acceptance of this offer and agrees that this offer, when accepted by
Seller, will constitute a binding Agreement between Buyer and Seller. An Earnest Money Deposit in the amount of $ $1000
shall be submitted to Transnation Title (insert name of broker, title
company, other) within 72 hours of the Effective Date of this Agreement, and shall be applied against the Purchase Price. If the Earnest
Money Deposit is not received within 72 hours of the Effective Date or is returned for insufficient funds, Seller may terminate this
Agreement until such time as the Earnest Money Deposit is received. If Seller terminates this Agreement under this provision, Seller
waives any claim to the Earnest Money Deposit. If the sale is not closed due to a failure to satisfy a contingency for a reason other
than the fault of Buyer, the Earnest Money Deposit shall be refunded to Buyer. If the sale is not closed as provided in this Agreement
and Buyer and Seller do not agree to the disposition of the Earnest Money Deposit, then Buyer and Seller agree that the Broker holding
the Earnest Money Deposit may notify Buyer and Seller, in writing, of Broker’s intended disposition of the Earnest Money Deposit. If
Buyer and Seller do not object to such disposition in writing within fifteen (15) days after the date of Broker’s notice, they will be deemed
to have agreed to Broker’s proposed disposition; if either Buyer or Seller object and no mutually agreeable disposition can be
negotiated, Broker may deposit the funds by interpleader with a court of proper jurisdiction or await further actions by Buyer and Seller.
In the event of litigation involving the deposit, in whole or in part, either the Seller or the Buyer that is not the prevailing party, as
determined by the court, will reimburse the other for reasonable attorneys’ fees and expenses incurred in connection with the litigation,
and will reimburse the Broker for any reasonable attorneys’ fees and expenses incurred in connection with any interpleader action
instituted. If the entity holding the Earnest Money Deposit is not the Broker, then to the extent that the terms of any escrow agreement
conflict with this paragraph, then the terms and conditions of the escrow agreement shall control.
24. Professional Advice: Broker hereby advises Buyer and Seller to seek legal, tax, environmental and other appropriate professional
advice relating to this transaction. Broker does not make any representations or warranties with respect to the advisability of, or the
legal effect of this transaction. Buyer further acknowledges that REALTOR® above named in the Agreement hereby recommends to
Buyer that an attorney be retained by Buyer to pass upon the marketability of the title and to ascertain that the required details of the
sale are adhered to before the transaction is consummated. Buyer agrees that Buyer is not relying on any representation or statement
made by Seller or any real estate salesperson (whether intentionally or negligently) regarding any aspect of the Property or this sale
transaction, except as may be expressly set forth in this Agreement, a written amendment to this Agreement, or a disclosure statement
separately signed by Seller.
25. Disclosure of Information: Buyer and Seller acknowledge and agree that the Purchase Price, terms, and other details with respect
to this transaction (when closed) are not confidential, will be disclosed to REALTORS® who participate in the applicable Multiple Listing
Service, and may otherwise be used and/or published by that Multiple Listing Service in the ordinary course of its business.
26. Other Provisions:
27. Mergers and Integrations: This Agreement is the final expression of the complete agreement of Buyer and Seller, and there are no
oral agreements existing between Buyer and Seller relating to this transaction. This Agreement may be amended only in writing signed
by Buyer and Seller and attached to this Agreement.
28. Fax/Electronic Distribution and Electronic Signatures: Buyer and Seller agree that any signed copy of this Agreement, and any
amendments or addendums related to this transaction, transmitted by facsimile or other electronic means shall be competent evidence
of its contents to the same effect as an original signed copy. Buyer and Seller further agree that an electronic signature is the legal
equivalent of a manual or handwritten signature, and consent to use of electronic signatures. Buyer and Seller agree that any notice(s)
required or permitted under this Agreement may also be transmitted by facsimile or other electronic means.
29. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic
communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’
license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the
Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with
Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme
to steal funds or use your identity.
239 Monroe Avenue, 239, Muskegon, MI 49441 08/25/2021
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations DJC AC FP
Revision Date 1/2021 08/25/21 08/25/21 Buyer’s Initials 08/25/21 Seller’s Initials
7:04 PM EDT7:02 PM EDT 8:01 PM EDT
dotloop verified
dotloop verified dotloop verified
dotloop signature verification: dtlp.us/T5dF-qtPL-qTJd
West Michigan Regional Purchase Agreement Page 6 of 6
30. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer.
dotloop verified
Dakota James Crow
Buyer 1 Address 3979 Lake Point Dr, Norton Shores, MI 49441 X 08/25/21 7:04 PM EDT
X1RB-DB3K-AFUE-WDC8 Buyer
Buyer 1 Phone: (Res.) (Bus.) Dakota James Crow
Print name as you want it to appear on documents.
dotloop verified
Buyer 2 Address X Annah Crow 08/25/21 7:02 PM EDT
KHMF-0PEK-QG6B-IR1K Buyer
Buyer 2 Phone: (Res.) (Bus.) Annah Crow
Print name as you want it to appear on documents.
31. Seller’s Response: The above offer is approved: As written. As written except:
Buyer will have first right of refusal within 24 hours of formal or informal notice of another offer after 8/27/21 11pm.
Counteroffer, if any, expires , at (time). Seller has the right to withdraw this
counteroffer and to accept other offers until Seller or Seller’s Agent has received notice of Buyer’s acceptance.
32. Certification of Previous Disclosure Statement: Seller certifies to Buyer that the Property is currently in the same condition as
disclosed in the Seller’s Disclosure Statement dated (check one): Yes No. Seller agrees to inform Buyer
in writing of any changes in the content of the disclosure statement prior to closing.
33. Notice to Seller: Seller understands that consummation of the sale or transfer of the Property described in this Agreement will not
relieve Seller of any liability that Seller may have under the mortgages to which the Property is subject, unless otherwise agreed to by
the lender or required by law or regulation. Buyer and Seller are advised that a Notice to Seller & Buyer of Underlying Mortgage form
is available from the respective agents via the West Michigan REALTOR® Boards.
34. Listing Office Address: 255 W Western Ave, Muskegon, MI 49440 Listing Broker License # 6506015435
Listing Agent Name: Mariana Murillo VanDam Listing Agent License #
35. Seller’s Approval and Acknowledgment: Seller approves the terms of this Agreement and acknowledges receipt of a copy. If Seller’s
response occurs after Buyer’s offer expires, then Seller’s response is considered a counteroffer and Buyer’s acceptance is required
below. dotloop verified
X (Seller’s Signature, Date, Time):
Frank Peterson 08/25/21 8:01 PM EDT
BGGQ-P7L2-DBVR-ZHMG
Frank Peterson Is Seller a U.S. Citizen? Yes No*
Print name as you want it to appear on documents.
X (Seller’s Signature, Date, Time):
Is Seller a U.S. Citizen? Yes No*
Print name as you want it to appear on documents.
Seller’s Address: Seller’s Phone (Res.) (Bus)
* If Seller(s) is not a U.S. Citizen, there may be tax implications and Buyer and Seller are advised to seek professional advice.
36. Buyer’s Receipt/Acceptance: Buyer acknowledges receipt of Seller’s response to Buyer’s offer. In the event Seller’s response
constitutes a counteroffer, Buyer accepts said counteroffer. All other terms and conditions in the offer remain unchanged.
dotloop verified
X (Buyer’s Signature, Date, Time): Dakota James Crow
08/25/21 7:04 PM
EDT
dotloop verified
X (Buyer’s Signature, Date, Time): Annah Crow
08/25/21 7:02 PM EDT
XYQB-ZQCM-D7RV-9VEX
37. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer.
dotloop verified
X (Seller’s Signature, Date, Time): Frank Peterson 08/25/21 8:01 PM EDT
FONV-LNG7-LAUM-DAQM
X (Seller’s Signature, Date, Time):
239 Monroe Avenue, 239, Muskegon, MI 49441
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations DJC AC FP
Revision Date 1/2021 08/25/21 08/25/21
Buyer’s Initials 08/25/21
Seller’s Initials
7:04 PM EDT7:02 PM EDT 8:01 PM EDT
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 14, 2021 Title: ARP Infill Housing Program
Submitted By: Frank Peterson Department: City Manager
Brief Summary: City staff has developed and released a Request for Qualifications for homebuilders to
participate in our ARP Infill Housing Program. We received a total of four responses.
Detailed Summary: Staff is recommending that all four builders be selected to submit formal proposals to
construct homes as part of the ARP Infill Housing Program. LRS Enterprises submitted to construct five
homes; Williams Construction submitted to construct six homes; Kramer Builders submitted to construct
three homes, and West Urban Properties submitted to construct the full $5 Million program. We are using
a rough estimate of $250,000 per home, but the actual costs will be determined as the builders bid their
specific projects with their subcontractors. The breakdown will look something like this:
Builder/Developer City ARPA Funds Developer Funds
LRS Enterprises $750,000 $750,000
Williams Construction $750,000 $750,000
Kramer Builders $250,000 $250,000
West Urban Properties $3,250,000 $3,250,000
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Authorize staff to work directly with the following qualified builders: LRS
Enterprises, Williams Construction, Kramer Builders, and West Urban Properties to submit formal
construction proposals to build a minimum of 40 new single-family homes as part of the ARP Infill Housing
Program at a cost not to exceed $5 Million.
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: September 14, 2021 Title: Arena Buildout – Carlisle’s
Submitted By: Frank Peterson Department: City Manager
Brief Summary: Carlisle’s restaurant is officially moving forward at Mercy Health Arena. Staff is seeking
approval to perform the construction activities.
Detailed Summary: After more than two years of planning, we have started demolition of the front
entryway at the arena to accommodate the facility’s newest restaurant. There are a number of logistics
related to the construction timing that is resulting in a logical path forward that includes the City managing
the construction project and timeline.
There are a number of key milestones that we must hit, including the two greatest issues: moving doors for
the opening of the hockey season in October, and building in compliance with our liquor license. Our lease
with Carlisle’s calls for them to begin construction after the DDA liquor license is secured – that may take
much of October and is not acceptable to the Lumberjacks. To expedite the process, the Arena is seeking
to undertake and manage the construction efforts. We would enter into the construction contract with
Platinum Construction (Carlisle’s contractor). Carlisle’s ownership group would then pay us in full once
construction is complete. Note that we have their bank approval letter, and their financing is already set.
The buildout will take 8-10 weeks at an estimated cost of $647,202.49.
Amount Requested: $647,202.49 Amount Budgeted: $0
Fund(s) or Account(s): Arena Fund Fund(s) or Account(s): N/A
Recommended Motion: Approve the expenditure of $647,202.49 for the construction of Carlisle’s and
amend the budget accordingly to account for both the expenditure and the reimbursement in the Arena
Fund.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
WATCH
Agenda Item Review Form
us _GO
Muskegon City Commission
Commission Meeting Date: September 14, 2021 Title: Sale - 766 Leonard
Submitted By: Jake Eckholm Department: Economic Development
Brief Summary: City staff is seeking authorization to sell the city-owned home at 766 Leonard in
Jackson Hill to Brittany Dlynn Brown.
Detailed Summary: The city is constructing this single family detached home as part of our infill housing
program. Our contract to construct two homes was for 425,000, and the estimated finished costs of this
home will be $215,000. We also anticipated $12,900 in sales commissions. The accepted purchase price is
$200,000, and the incurred sales commissions are $10,000. The City will not contribute funds toward
closing costs outside of seller's agent commission. The proceeds of this home will repay a portion of the
Priority Related Investment made by the Community Foundation for Muskegon County. The sale of the
second home in this project should repay the remainder, and any additional funds will reimburse the
Economic Development Fund for the $75,000 investment in the project.
Amount Requested: None at this time Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Authorize the City Manager to complete the sale of 766 Leonard Street, as
described in the purchase agreement.
Check if the following Departments need to approve the item first:
Police Dept. D Fire Dept. 0 IT Dept. □
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 14, 2021 Title: Community Relations Committee
Recommendations
Submitted By: Ann Marie Meisch Department: Clerk
Brief Summary: To appoint Emilio Trejo to the Historic District Commission.
Detailed Summary: The CRC recommends appointing Emilio Trejo to the vacant position on the
Historic District Commission – Term expiring 01/31/2022.
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 concur with the recommendation of the CRC on the appointment
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 14, Title: 2020 Consolidated Annual
2021 Performance Evaluation Report (CAPER )
Hearing
Submitted By: Oneata Bailey Department: Community and Neighborhood
Services
Brief Summary: The CAPER is available on our website for citizen review and comment period of
20 days from September 5 -25, 2021. A public Hearing is another opportunity to comment about
the Federal CDBG and HOME program activities performed during the fiscal year 2020 (July 1,
2020 - June 30, 2021). Click on the link to view the CAPER Here is some text (muskegon-mi.gov)
Detailed Summary: Citizen input is a necessary process of program activities for the CDBG/HOME
annual allocations. The 2020 CAPER is another opportunity to comment on the performance
achievements of the annual projects during the Hearing.
Amount Requested: NA Amount Budgeted: NA
Fund(s) or Account(s):NA Fund(s) or Account(s):NA
Recommended Motion: To conduct a Public Hearing for the 2020 CAPER review.
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: September 14, Title: Issuance of a commercial facilities
2021 Exemption Certificate – 441 W Western Ave
Submitted By: Mike Franzak Department: Planning
Brief Summary: Pursuant to Public Act 255 of 1978, as amended, PH Holdings LLC (Pigeon Hill Brewing) has
requested the issuance of a Commercial Facilities Exemption Certificate. The certificate will freeze the
taxable value of the building and exempt the new real property investment from local taxes. The
company will be investing $650,000 in upgrades to the building and will create up to 30 new jobs, which
qualifies them for an abatement of four (4) years.
Detailed Summary:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To (approve/deny) the request for a Commercial Facilities Exemption
Certificate for a period of four (4) years.
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 ISSUANCE
OF A COMMERCIAL FACILITIES EXEMPTION CERTIFICATE
PH Holdings, LLC
WHEREAS, the City of Muskegon legally established the Commercial Redevelopment District after a public hearing
held on May 12, 2015; and
WHEREAS, the state equalized value of the property proposed to be exempt plus the aggregate state equalized value
of property previously exempt and currently in force under Public Act 255 of 1978 and under Public Act 198 of 1974
(IFT's) does not exceed 5% of the total state equalized value of the City of Muskegon; and
WHEREAS, the application was approved at a public hearing as provided by section 6(2) of Public Act 255 of 1978 on
September 14, 2021; and
WHEREAS, PH Holdings, LLC is not delinquent in any taxes related to the facility; and
WHEREAS, the application is for commercial property as defined in section 3(3) of Public Act 255 of 1978; and
WHEREAS, PH Holdings, LLC had provided answers to all required questions under Section 6(1) of PA 255 of 1978 to
the City of Muskegon; and
WHEREAS, the City of Muskegon requires that the construction, restoration or replacement of the facility shall be
completed by September 14, 2023; and
WHEREAS, the Commercial Facilities Exemption Certificate is granted for a period of four (4) years and no extensions
will be allowed; and
WHEREAS, the commencement of the construction, restoration or replacement of the facility did not occur more than
45 days prior to the filing of the application for exemption; and
WHEREAS, the commencement of the construction, restoration or replacement of the facility did not occur prior to the
establishment of the Commercial Redevelopment District; and
WHEREAS, the application relates to a construction, restoration or replacement program which when completed
constitutes a new, replacement or restored facility within the meaning of Public Act 255 of 1978 and that is situated
within a Commercial Redevelopment District established under Public Act 255 of 1978; and
WHEREAS, completion of the facility is calculated to, and will at the time of issuance of the certificate, have the
reasonable likelihood to increase commercial activity, create employment, retain employment and prevent a loss of
employment in the community in which the facility is situated; and
WHEREAS, the restoration includes improvements aggregating 10% or more of the true cash value of the property at
commencement of the restoration as provided by section 4(6) of Public Act 255 of 1978.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City Commission
Be and hereby is granted a Commercial Facilities Exemption for the real property, excluding land at 441 W Western
Ave for a period of four (4) years, beginning December 31, 2021, and ending December 30, 2029, pursuant to the
provisions of PA 255 of 1978, as amended.
Adopted this 14th day of September, 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 September 14, 2021.
______________________________
Ann Meisch
Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 14, Title: Issuance of a commercial facilities
2021 Exemption Certificate (New Facility) – 639 W
Clay Ave
Submitted By: Mike Franzak Department: Planning
Brief Summary: Pursuant to Public Act 255 of 1978, as amended, Indigrow LLC has requested the issuance
of a New Facility Commercial Facilities Exemption Certificate. The certificate will reduce the taxable value
of the building. The company will be investing $1,133,351 into the new building addition and will create
up to 30 new jobs, which qualifies them for an abatement of 8 years.
Detailed Summary: This will be an addition to the current building at 639 W Clay Ave. The new
building will receive its own tax abatement and the rehab to the existing building will receive its
own tax abatement. This will decrease the amount of tax revenue abated than it would by granting
one abatement on the entire project.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To (approve/deny) the request for a New Facility Commercial Facilities
Exemption Certificate for a period of eight years.
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 ISSUANCE
OF A COMMERCIAL FACILITIES EXEMPTION CERTIFICATE
Indigrow LLC (New Facility)
WHEREAS, the City of Muskegon legally established the Commercial Redevelopment District after a public hearing
held on July 13, 2021; and
WHEREAS, the state equalized value of the property proposed to be exempt plus the aggregate state equalized value
of property previously exempt and currently in force under Public Act 255 of 1978 and under Public Act 198 of 1974
(IFT's) does not exceed 5% of the total state equalized value of the City of Muskegon; and
WHEREAS, the application was approved at a public hearing as provided by section 6(2) of Public Act 255 of 1978 on
September 14, 2021; and
WHEREAS, Indirgrow LLC is not delinquent in any taxes related to the facility; and
WHEREAS, the application is for commercial property as defined in section 3(3) of Public Act 255 of 1978; and
WHEREAS, Indigrow LLC had provided answers to all required questions under Section 6(1) of PA 255 of 1978 to the
City of Muskegon; and
WHEREAS, the City of Muskegon requires that the construction, restoration or replacement of the facility shall be
completed by September 14, 2023; and
WHEREAS, the Commercial Facilities Exemption Certificate is granted for a period of eight (8) years and no
extensions will be allowed; and
WHEREAS, the commencement of the construction, restoration or replacement of the facility did not occur more than
45 days prior to the filing of the application for exemption; and
WHEREAS, the commencement of the construction, restoration or replacement of the facility did not occur prior to the
establishment of the Commercial Redevelopment District; and
WHEREAS, the application relates to a construction, restoration or replacement program which when completed
constitutes a new, replacement or restored facility within the meaning of Public Act 255 of 1978 and that is situated
within a Commercial Redevelopment District established under Public Act 255 of 1978; and
WHEREAS, completion of the facility is calculated to, and will at the time of issuance of the certificate, have the
reasonable likelihood to increase commercial activity, create employment, retain employment and prevent a loss of
employment in the community in which the facility is situated; and
WHEREAS, the restoration includes improvements aggregating 10% or more of the true cash value of the property at
commencement of the restoration as provided by section 4(6) of Public Act 255 of 1978.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City Commission
Be and hereby is granted a Commercial Facilities Exemption for the real property, excluding land at 639 W Clay Ave
for a period of eight (8) years, beginning December 31, 2021, and ending December 30, 2029, pursuant to the
provisions of PA 255 of 1978, as amended.
Adopted this 14th Day of September, 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 September 14, 2021.
______________________________
Ann Meisch
Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 14, Title: Issuance of a commercial facilities
2021 Exemption Certificate (Restored Facility) –
639 W Clay Ave
Submitted By: Mike Franzak Department: Planning
Brief Summary: Pursuant to Public Act 255 of 1978, as amended, Indigrow LLC has requested the issuance
of a Restored Facility Commercial Facilities Exemption Certificate. The certificate will freeze the taxable
value of the building and exempt the new real property investment from local taxes. The company will
be investing $1,218,561 into restoring the existing building and will create up to 30 new jobs, which
qualifies them for an abatement of 8 years.
Detailed Summary: This will be for the restoration of the existing building at 639 W Clay Ave. The
new building will receive its own tax abatement and the rehab to the existing building will receive
its own tax abatement. This will decrease the amount of tax revenue abated than it would by
granting one abatement on the entire project.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To (approve/deny) the request for a Restored Facility Commercial
Facilities Exemption Certificate for a period of eight years.
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 ISSUANCE
OF A COMMERCIAL FACILITIES EXEMPTION CERTIFICATE
Indigrow LLC (Restored Facility)
WHEREAS, the City of Muskegon legally established the Commercial Redevelopment District after a public hearing
held on July 13, 2021; and
WHEREAS, the state equalized value of the property proposed to be exempt plus the aggregate state equalized value
of property previously exempt and currently in force under Public Act 255 of 1978 and under Public Act 198 of 1974
(IFT's) does not exceed 5% of the total state equalized value of the City of Muskegon; and
WHEREAS, the application was approved at a public hearing as provided by section 6(2) of Public Act 255 of 1978 on
September 14, 2021; and
WHEREAS, Indirgrow LLC is not delinquent in any taxes related to the facility; and
WHEREAS, the application is for commercial property as defined in section 3(3) of Public Act 255 of 1978; and
WHEREAS, Indigrow LLC had provided answers to all required questions under Section 6(1) of PA 255 of 1978 to the
City of Muskegon; and
WHEREAS, the City of Muskegon requires that the construction, restoration or replacement of the facility shall be
completed by September 14, 2023; and
WHEREAS, the Commercial Facilities Exemption Certificate is granted for a period of eight (8) years and no
extensions will be allowed; and
WHEREAS, the commencement of the construction, restoration or replacement of the facility did not occur more than
45 days prior to the filing of the application for exemption; and
WHEREAS, the commencement of the construction, restoration or replacement of the facility did not occur prior to the
establishment of the Commercial Redevelopment District; and
WHEREAS, the application relates to a construction, restoration or replacement program which when completed
constitutes a new, replacement or restored facility within the meaning of Public Act 255 of 1978 and that is situated
within a Commercial Redevelopment District established under Public Act 255 of 1978; and
WHEREAS, completion of the facility is calculated to, and will at the time of issuance of the certificate, have the
reasonable likelihood to increase commercial activity, create employment, retain employment and prevent a loss of
employment in the community in which the facility is situated; and
WHEREAS, the restoration includes improvements aggregating 10% or more of the true cash value of the property at
commencement of the restoration as provided by section 4(6) of Public Act 255 of 1978.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City Commission
Be and hereby is granted a Commercial Facilities Exemption for the real property, excluding land at 639 W Clay Ave
for a period of eight (8) years, beginning December 31, 2021, and ending December 30, 2029, pursuant to the
provisions of PA 255 of 1978, as amended.
Adopted this 14th Day of September, 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 September 14, 2021.
______________________________
Ann Meisch
Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 9/14/2021 Title: Camcar Plastics IFT Public Hearing
Submitted By: Jake Eckholm Department: Economic Development
Brief Summary: Camcar Plastics has requested an Industrial Facilities Tax Abatement for a small
new construction addition to their shipping and receiving department at their Glade Street location
Detailed Summary:
The Tax Incentive Committee has utilized the new Tax Incentive Policy approved by the City
Commission to score and make recommendations on several incentive applications recently.
Camcar has been working with the division to apply for a Public Act 198 Industrial Facilities
Exemption for an 800 square foot expansion to their current facility at 1732 Glade Street. The
incentive allows an eligible entity to apply for a 50% cut in their real property tax liability for up to
12 years, as approved by the local unit of government. The applicant has applied for the full 12
year abatement.
Based on the new policy, due to the taxable value being created ($72,000), the number of
permanent jobs created (3), the Tax Incentive Committee’s scoring system dictates a
recommendation of 9 years of abatement as opposed to the maximum of 12.
Amount Requested: $0 Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: A motion to close the Public Hearing and approve the Industrial Facilities
Exemption application for Camcar Plastics for a term of nine (9) years.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 9/14/2021 Title: Sun Dolphin Drive Industrial Space IFT
Transfer Public Hearing
Submitted By: Jake Eckholm Department: Economic Development
Brief Summary: InSite Real Estate LLC has requested the transfer of an existing Industrial
Facilities Tax Abatement for industrial real property they have acquired at 1790 Sun Dolphin Drive.
Detailed Summary:
The new owners of these facilities are leasing them back to the new operators of KL Outdoor, and
the facilities onsite are one of several operated locally in the injection molding company’s portfolio.
InSite is currently not the listed owner of the building on the existing Industrial Facilities Exemption
and so they must request a transfer or termination of the incentive. Naturally, they opted for a
request to transfer the real property exemption, which is scheduled to terminate December 30,
2026.
The new ownership has recently paid some back property taxes and is eligible to request said
transfer.
Amount Requested: $0 Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: A motion to close the Public Hearing and approve the Industrial Facilities
Exemption Transfer for IIP Muskegon, MI (1790 and 1880 Sun Dolphin) LLC as presented.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 9/14/2021 Title: Trace Analytical IFT Public Hearing
Submitted By: Jake Eckholm Department: Economic Development
Brief Summary: Trace Analytical has requested an Industrial Facilities Tax Abatement for an 8,000
square foot addition to their location at 2241 Black Creek Road, which would support 18 new
employees over the next several years.
Detailed Summary:
The Tax Incentive Committee has utilized the new Tax Incentive Policy approved by the City
Commission to score and make recommendations on several incentive applications recently.
Trace Analytical Labs has been working with the division to apply for a Public Act 198 Industrial
Facilities Exemption for an 8000 square foot expansion to their current facility at 2241 Black Creek
Road. The incentive allows an eligible entity to apply for a 50% cut in their real property tax liability
for up to 12 years, as approved by the local unit of government. The applicant has applied for the
full 12 year abatement.
Based on the new policy, due to the taxable value being created ($600,000), the number of
permanent jobs created (18), the Tax Incentive Committee’s scoring system dictates a
recommendation of 9 years of abatement as opposed to the maximum of 12.
Amount Requested: $0 Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: A motion to close the Public Hearing and approve the Industrial Facilities
Exemption application for Trace Analytical Labs for a term of nine (9) years.
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Commission Action:
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