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CITY OF MUSKEGON
CITY COMMISSION MEETING
December 10, 2024 @ 5:30 PM
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. Sale of 1221 Sanford Planning
C. Resolution designating a portion of Western Avenue as "L.C. Walker Way"
in honor of Louis Carlisle Walker Manager's Office
D. MDNR Urban & Community Forestry Grant Public Works
E. Ordinance Change: Parental Responsibility Ordinance Public Safety
F. Cost of Living Adjustment - Non-union employees Manager's Office
G. Non Union Part Time & Limited Term Wage Matrix Employee Relations
H. Rezoning of 1095 3rd St from B-2 to FBC, NC. SECOND READING Planning
I. Beach Parking Fees Summer 2025 - Update Manager's Office
J. Senior Municipal Funding FY25 Community & Neighborhood Services
K. Mutual Aid Box Alarm System Public Safety
L. Emergency Sewage Pump & Haul Public Works
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M. Amity Bridge Removal MDOT Project Agreement Public Works
N. 880 First St. Demolition- Asbestos Abatement Proposal Economic
Development
O. Concur with CRC Recommendations to Accept Resignations and Make
Appointment City Clerk
☐ PUBLIC HEARINGS:
A. Brownfield Plan Amendment, Lakeshore Hotel Partners, LLC, 181 and 201
Viridian Drive 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.
☐ CLOSED SESSION:
☐ ADJOURNMENT:
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF
MUSKEGON AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
To give comment on a live-streamed meeting the city will provide a call-in telephone
number to the public to be able to call and give comment. For a public meeting that is
not live-streamed, and which a citizen would like to watch and give comment, they
must contact the City Clerk’s Office with at least a two-business day notice. The
participant will then receive a zoom link which will allow them to watch live and give
comment. Contact information is below. For more details, please visit:
www.shorelinecity.com
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such
as signers for the hearing impaired and audio tapes of printed materials being
considered at the meeting, to individuals with disabilities who want to attend the
meeting with twenty-four (24) hours’ notice to the City of Muskegon. Individuals with
disabilities requiring auxiliary aids or services should contact the City of Muskegon by
writing or by calling the following:
Ann Marie Meisch, MMC. City Clerk. 933 Terrace St. Muskegon, MI 49440. (231)724-6705.
clerk@shorelinecity.com
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 10, 2024 Title: Approval of Minutes
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
To approve minutes of the November 26, 2024, City Commission Meeting.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
Approval of the minutes.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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CITY OF MUSKEGON
CITY COMMISSION MEETING
November 26, 2024 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
CALL TO ORDER
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 PM, Tuesday, November 26,
2024. Pastor E. J. Wood from All Shores Wesleyan Church, opened the meeting
with prayer, after which the Commission and public recited the Pledge of
Allegiance to the Flag.
ROLL CALL
Present: Mayor Ken Johnson, Vice Mayor Rebecca St. Clair, Commissioners
Willie German, Jr., Rachel Gorman, Katrina Kochin, and Jay Kilgo, City Manager
Jonathan Seyferth, City Attorney John Schrier, and City Clerk Ann Marie Meisch
Absent: Commissioner Destinee Keener
PUBLIC COMMENT ON AGENDA ITEMS
Public comments received.
2024-96 CONSENT AGENDA
A. Approval of Minutes City Clerk
To approve minutes of the November 12, 2024, City Commission Meeting.
STAFF RECOMMENDATION: Approval of the minutes.
C. Contract Award - Lakeshore Dr Sewer CCTV DPW- Engineering
Staff is requesting authorization to enter into a contract with Plummer's
Environmental Services in the amount of $41,916.11 for cleaning and video
inspection services of storm and sanitary sewer along Lakeshore Drive.
Bids were solicited for cleaning and video inspection services of certain sewers
along Lakeshore Drive. The condition of these sewers will then be analyzed and
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used to determine if any repairs or replacement is needed during an up-coming
road reconstruction project. Plummers provided the low bid.
STAFF RECOMMENDATION: Move to authorize staff to enter into a contract with
Plummers Environmental Services for the amount of $41,916.11 for the Lakeshore
Dr. Sewer CCTV project.
D. Amendment to NEZ Certificate Applications for Shaw Walker
Redevelopment Project, 920 Washington Ave., 965 W. Western Ave.
Economic Development
This amendment to the NEZ certificate applications is necessitated by the
statutory requirement mandating separate applications for units totaling up to
eight per application. This measure ensures compliance while facilitating the
approval process for multiple buildings as part of the broader Shaw Walker
redevelopment project.
At the City Commission meeting on August 13, 2024, NEZ applications were
approved for 15 years for Shaw Walker Opportunity Business 1, LLC and Shaw
Walker Opportunity Business 2, LLC for buildings 3-6 located at 920 Washington
Ave. and 965 W. Western Ave.
The State reviewed the application package and determined that the NEZ
applications must be amended to include separate applications, with a
maximum of eight units per application. As a result, there are now 120
applications covering Buildings 3, 4, 5, and 6, each with a 15-year duration for
their respective certificates.
Below is a summary of the buildings and the number of units per building:
Building Details:
Building 3
• Address: 920 Washington Ave
• Floors Redeveloped: 1-5
• Units Proposed: 327 residential units
• Estimated Project Cost: $249,772,000
Building 4
• Address: 920 Washington Ave
• Floors Redeveloped: 2-4
• Units Proposed: 16 residential units
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• Estimated Project Cost: $615,917
Building 5
• Address: 920 Washington Ave and 965 W. Western Ave
• Floors Redeveloped: 1-5
• Units Proposed: 89 apartment units
• Estimated Project Cost: $243,289
Building 6
• Address: 920 Washington Ave
• Floors Redeveloped: 1-5
• Units Proposed: 69 residential units
• Estimated Project Cost: $520,546
STAFF RECOMMENDATION: I move to approve the amendment for separate NEZ
certificate applications for the redevelopment projects at 920 Washington Ave
(Buildings 3, 4, 5, and 6) and 965 W. Western Ave (Building 5), in accordance
with statutory requirements, and authorize the Mayor and City Clerk to sign the
resolution.
E. Revocation of NEZ Certificate at 307 Terrace Point Circle Economic
Development
The City of Muskegon is requesting the revocation of the NEZ certificate at 307
Terrace Point Circle as the property owner no longer resides at the address.
The City of Muskegon is initiating the revocation of the NEZ certificate for 307
Terrace Point Circle in accordance with state law, as the property owner no
longer resides at the address for which the certificate was issued. City staff have
collaborated with the City Assessor's Office regarding the revocation. A letter
was sent by the Assessor's Office, and the owner subsequently called to confirm
that this is no longer their primary residence. The statutory requirement
mandates automatic revocation if the facility is no longer a homestead, as
defined by section 7a of the General Property Tax Act (1893 PA 206, MCL
211.7a).
“(3) The certificate for a homestead facility or new facility is automatically
revoked if the homestead facility or new facility is no longer a homestead as
that term is defined in section 7a of the general property tax act, 1893 PA 206,
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MCL 211.7a."
STAFF RECOMMENDATION: I move to revoke the Neighborhood Enterprise Zone
certificate for 307 Terrace Point Circle as the property no longer qualifies as a
homestead under state law, and authorize the Mayor and City Clerk to sign the
resolution.
F. Revocation of NEZ Certificate at 308 Terrace Point Circle Economic
Development
The City of Muskegon is requesting the revocation of the NEZ certificate at 308
Terrace Point Circle as the property owner no longer resides at the address. The
City of Muskegon is initiating the revocation of the NEZ certificate for 308
Terrace Point Circle in accordance with state law, as the property owner no
longer resides at the address for which the certificate was issued. City staff sent
a letter to the owner and later spoke with the owner's wife, who confirmed that
the owner is deceased, and she does not reside at 308 Terrace. The statutory
requirement mandates automatic revocation if the facility is no longer a
homestead, as defined by section 7a of the General Property Tax Act (1893 PA
206, MCL 211.7a).
“(3) The certificate for a homestead facility or new facility is automatically
revoked if the homestead facility or new facility is no longer a homestead as
that term is defined in section 7a of the general property tax act, 1893 PA 206,
MCL 211.7a."
STAFF RECOMMENDATION: I move to revoke the Neighborhood Enterprise Zone
certificate for 308 Terrace Point Circle as the property no longer qualifies as a
homestead under state law, and authorize the Mayor and City Clerk to sign the
resolution.
G. Muskegon Historic District Monument Conservation Project - City
Contribution and Contract Award Planning
Staff is requesting authorization to increase the City contribution and enter into
a contract with The Tradesmen Group LLC in the amount of $110,278 to
complete recommended conservation work on the five Hackley Park
monuments, the McKinley monument, and the Kearny monument.
At the January 10, 2023, meeting, Commission approved the submittal of a
grant application to the State Historic Preservation Office (SHPO) for monument
conservation work at Hackley Park with a $15,000 local match funded through
the Public Art Maintenance fund. The City was awarded a $55,000 Certified
Local Government (CLG) grant and the Commission approved the grant
agreement and increased the local contribution to $50,000 at the August 22,
2023, meeting.
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One bid proposal was received from The Tradesmen Group LLC and staff is
recommending award of the services based on their experience with similar
projects, and proposed timeframe for completion of the conservation work.
Their $110,278 bid includes the grant-eligible conservation work for the five
monuments within Hackley Park as well as work on the McKinley monument and
the Kearny monument as they are of similar age and condition, but not eligible
for grant funds (McKinley is privately owned, and Kearny is outside the
designated historic district boundary).
With articulated or boom lifts and project cost increases, it is requested that the
City contribution, including match, be increased to $70,278. This amount is
available in the Public Art Maintenance fund and is not currently allocated.
STAFF RECOMMENDATION: I move to approve the increased City contribution
and authorize staff to enter into a contract with The Tradesmen Group, LLC. in
the amount of $110,278 to complete recommended conservation work on the
five Hackley Park monuments, the McKinley monument, and the Kearny
monument.
I. School Resource Officer Agreement with High School and Middle School
Public Safety
School Resource Officer Agreement with High School and Middle School
Please review and approve the School Resource Officer Agreement proposed
for the employment of one Muskegon Police Department officer at both the
middle and high school for the 2024-2025 school year.
STAFF RECOMMENDATION: I move to approve the School Resource Officer
Agreements between the City of Muskegon and Muskegon Public Schools for
the 2024-2025 school year and authorize the Mayor to sign.
K. 2025 Special Event Policy DPW- Parks and Recreation
Staff is seeking a proposed change to the Special Event Policy which would
allow only one event at Pere Marquette at a time.
Included is the Special Event Policy with the proposed change. A new
paragraph has been added to state: Only one event will be allowed at Pere
Marquette on any given date. If more than one event applies before February 1
for the same event date, the organizer who has held their event on the date
the longest will be able to claim the date. If more than one event applies after
February 1 for the same event date, the organizer who applied first will be
considered first for that date.
STAFF RECOMMENDATION: I move to approve the addition to the Special Event
Policy.
L. Sale of 1451 Leahy Planning
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Staff is requesting approval of a Purchase Agreement for 1451 Leahy.
1451 Leahy was constructed through the agreement with Dave Dusendang to
construct infill housing with ARPA funding. The offer is full listing price ($129,900)
with $0 seller concessions.
STAFF RECOMMENDATION: To approve the Purchase Agreement for 1451 Leahy.
M. Sale of 1325 Terrace Planning
Staff is requesting approval of a Purchase Agreement for 1325 Terrace.
1325 Terrace was constructed through an agreement with Dave Dusendang to
construct infill housing with ARPA funding. The offer is for $159,434, which is
above the listing price of $149,900. The seller will contribute $8,994 of
the purchase price towards buyers' closing costs, pre-paid and discount points.
STAFF RECOMMENDATION: To approve the Purchase Agreement for 1325
Terrace.
N. Background Investigation Services Bid Public Safety
Staff is seeking to authorize the award of Background Investigation Services to
Fias Investigations, LLC for pre-employment background checks.
The City of Muskegon Police Department performs background checks as part
of the City's pre-employment process for both sworn and civilian employees. A
background check is processed prior to a candidate being selected for hire.
This includes, but is not limited to inquiring about one's criminal, employment
and credit history. Currently, the Neighborhood Police Unit officers perform all
background checks needed for employment at the City of Muskegon. This task
has become time-consuming for full-time officers to complete and has taken
away from their duties as neighborhood officers. The City of Muskegon Police
Department is recommending outsourcing this task to a private company for
various reasons including:
• Reduced Bias and Increased Objectivity: Private companies may approach
background investigations with a more objective, neutral stance, free
from internal biases.
• Improved Efficiency: Many private companies specialize in background
checks, often with streamlined processes and dedicated resources for this
specific function. They may complete investigations faster than a busy
police department where officers may have multiple competing
responsibilities.
• Cost Savings: Outsourcing to a private company may be more cost-
effective for some agencies, especially if they lack the resources to
dedicate full-time officers to this task. This can reduce the financial
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burden of hiring, training, and supervising officers specifically for
background checks.
• Better Use of Police Resources: By outsourcing background checks, the City
of Muskegon Police Department can free up officers to focus on their
core responsibilities, like community policing and criminal investigations,
which are often more pressing for public safety.
• Specialized Expertise: Private companies may have investigators with
specialized skills in conducting thorough background checks, including
deep dives into financial records, employment history, and social media.
This expertise can enhance the depth and quality of the investigation.
The only bidder, Fias Investigations, LLC has estimated that each background
investigation would take 30 hours at a rate of $80 per hour and not to exceed
40 billable hours with no more than $200 for administrative fees and web-based
searches. The City of Muskegon Police Department estimates that no more than
8 background checks will be needed for potential City of Muskegon employees
by June 30, 2025.
STAFF RECOMMENDATION: I move to award the Background Investigations
Services contract to Fias Investigations, LLC to provide pre-employment
background checks for the City of Muskegon.
O. Sprint Cellular Antenna Lease Renewal Public Works
Staff requests authorization to enter into a 10 year lease renewal agreement
with up to 20 years of extension options with SprintCom, LLC for space on and
near the Nims water tower for a cellular antenna and related equipment.
Commission authorized Maralat, LLC, a cellular antenna industry consultant, to
enter into negotiations on the City's behalf with Sprint for renewal of their lease
on the Nims water tower. Staff, legal counsel and Maralat have been working
with Sprint to finalize the terms of a lease extension and have reached an
agreement as presented in the lease agreement. The table below summarizes
the terms in both the prior lease and this proposed extension.
Component Prior Lease Proposed Renewal
Rental Rate (Monthly) $2,874.64 $3,250
Annual Escalation 3% 3%
Commencement Date N/A September, 2024
Expiration Date (With November 13, November 12, 2055
Extensions) 2025
Termination Fee (Initial 10-Year None 100% of Rent
Term)
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Equipment Upgrade Fee None $325 per Month Per New
Antenna
Administrative Signing Bonus None $7,500
STAFF RECOMMENDATION: Authorize staff to enter into a 10 year lease renewal
agreement with up to 20 years of extension options with SprintCom, LLC for
space on and near the Nims water tower for a cellular antenna and related
equipment.
P. Rezoning of 1095 3rd St from B-2 to FBC, NC. Planning (REQUIRES SECOND
READING)
Staff initiated request to rezone a portion of 1095 3rd Street from Convenience
Comparison Business (B-2), to Form Based Code, Neighborhood Core.
The City of Muskegon recently sold the former “Catholic Charities” property at
the corner of 3rd/Houston. The developer plans to rehab the existing building
into apartments and to also add additional residential units, such as rowhouses,
on the vacant portion of land along Houston Ave. The portion of the property
that contains the existing building is zoned Form Based Code, Mainstreet. Staff is
proposing to rezone the current B-2 portion of the property to Form Based Code,
Neighborhood Core. Staff believes this zoning designation would allow the most
flexibility for different types of housing units, as the addition is still being
designed.
The Planning Commission unanimously voted (7-0, 2 absent) to recommend
approval of the rezoning.
STAFF RECOMMENDATION: I move to approve the request to rezone the
property at 1095 3rd St from B-2, Convenience and Comparison Business to Form
Based Code, Neighborhood Core.
W. Lumberjacks Eight Amendment - Assignment Manager's Office
The Muskegon Lumberjacks are requesting an amendment be adopted
regarding the circumstances in which their Shared Use Agreement could be
assigned to a third party.
In light of the significant improvements the Lumberjacks have made to Trinity
Health Arena, they are requesting that specific circumstances be detailed as to
when their Participation Agreement could be assigned to a third party, which
would be a financial default on the part of the Lumberjacks. This is being
requested now because of the team's new ownership and their desire to
insulate their investment in Muskegon.
STAFF RECOMMENDATION: To approve the Eight Amendment to the Muskegon
Lumberjack's Shared Use Agreement and authorize the Clerk and Mayor to sign.
X. EGLE Grant Development Agreement, City of Muskegon and Muskegon
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Limited Dividend Housing Association, Lofts of Muskegon, 122 W.
Muskegon Ave. Economic Development ITEM REMOVED FROM AGENDA
Motion by Commissioner Kilgo, second by Vice Mayor St.Clair, to adopt the
Consent Agenda as presented minus items B, H, J, Q, R, S, T, U, and V.
ROLL VOTE: Ayes: Johnson, Kilgo, German, Gorman, Kochin, and St.Clair
Nays: None
MOTION PASSES
2024-97 ITEMS REMOVED FROM THE CONSENT AGENDA
B. Beach Parking Pass Price Adjustments Manager's Office
Staff is requesting updated pricing for beach parking passes.
After reviewing data on attendance and passes sold, the Parking Committee is
recommending changes to the pay structure for beach parking passes.
Placer.ai data indicates that Tuesdays and Wednesdays are the days when
attendance is lowest, and on Wednesdays attendees are more likely to be
local. Our beaches remain very popular on the weekends when daily fees are
higher. In an effort to spread attendance across all weekdays, we recommend
the following price structure.
Monday, Tuesday, Thursday daily pass - $10
Wednesday daily pass - FREE
Friday through Sunday daily pass - $20
Season pass - $40
Ticket fees will be adjusted separately once price changes are finalized.
STAFF RECOMMENDATION: To approve the beach parking pass prices as
presented.
Motion by Commissioner Kochin, second by Commissioner Kilgo, to approve
the beach parking pass prices as presented.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, German, Gorman, and Kochin
Nays: None
MOTION PASSES
H. Taste of Muskegon Transition Agreement - LAB Events DPW- Parks
LAB Events has requested the transition of ownership of Taste of Muskegon from
the City of Muskegon Parks & Recreation Department. An agreement to outline
that transition is for consideration and approval.
Taste of Muskegon is entering its 19th year. Prior to becoming a City Event in
2018, the festival was part of the Downtown Muskegon Now group. Taste of
Muskegon is a 2-day food and beverage festival taking place in and around
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Hackley Park. Around 30 Muskegon-area restaurants and food vendors line
streets where they sell sample-sized portions of their menu items for patrons to
"taste" in hopes of drawing people into their businesses regularly. Expenses are
between $90,000-$100,000 a year and revenues have generally been around
$140,000-$150,000. Taste of Muskegon does not pay any of its committee
members.
When the City started running this event, it ran out of the Clerk's office where
the 1-2 Event Planners were housed at the time. The event moved with the
Event Planners to Parks & Recreation in 2023 when they transferred
departments. Neither of the staff members' time or salaries for organizing and
executing the event are reflected in the event's budget. The Recreation
Coordinators spend over 25% of their working hours planning this event. A
transition would be a drastic improvement in the capacity for the Parks &
Recreation department to provide recreation programs for the community.
The LAB team has requested $25,000 for seed money for this event. This request
is due to the high level of standard the event has, to build up the infrastructure
for the events to maintain and continue at this level and for a safety net for a
rainout. The request is only for the first year and not an ongoing funding source.
The contract states that if LAB fails to produce the event the City of Muskegon
would be reimbursed at a rate of $12,500 per year for the first 2 years and all
assets would be surrendered. A budget amendment will be needed to reflect a
reduced budget for Taste this FY, as the DDA had $90,000 budgeted and only
$25,000 is necessary. The requested funding would be from Taste of Muskegon
profits that DDA holds and not out of the City operations budget.
STAFF RECOMMENDATION: Authorize staff to enter into the agreement with LAB
events for the rights to Taste of Muskegon.
Motion by Commissioner Kochin, second by Commissioner German, to
authorize staff to enter into the agreement with LAB events for the rights to Taste
of Muskegon.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, German, and Gorman
Nays: Kochin
MOTION PASSES
J. Amendment to the Professional Services Agreement between SAFEBuilt
Michigan, LLC Public Safety
The Director of Public Safety requests a one-year extension of the Professional
Service Agreement between the City of Muskegon and SAFEBuilt Michigan, LLC
to provide building and inspection services.
The current Professional Services Agreement between the City of Muskegon and
SAFEBuilt Michigan, LLC began December 1, 2016, and ends on December 31,
2024. This amendment would include a one-year extension to the agreement,
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an increase in fees recouped by the City of Muskegon from 18% to 20% and an
increase in rent paid to the City of Muskegon at $4,972.50 per month.
STAFF RECOMMENDATION: I move to authorize the amendment to the
Professional Services Agreement between the City of Muskegon and SAFEBuilt
Michigan, LLC ending on December 31, 2025, and authorize staff to sign.
Motion by Commissioner Kochin, second by Commissioner Kilgo, to authorize
the amendment to the Professional Services Agreement between the City of
Muskegon and SAFEBuilt Michigan, LLC ending on December 31, 2025, and
authorize staff to sign.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and German
Nays: None
MOTION PASSES
Q. Amendment to Section 404 of the zoning ordinance to remove R-2 and
R-3 districts and to adjust the area and bulk requirements for R-1 districts.
SECOND READING Planning
This is a staff-initiated request to amend the zoning ordinance to allow all single-
family residential lots to be considered buildable as long as they are at least 30
feet wide and 3,000 in size.
There are currently three separate single-family residential districts in the zoning
ordinance; R-1, R-2, and R-3; which all allow the same uses. The main difference
between these districts is how much lot width is required to be considered a
buildable lot. This proposal would eliminate R-2 and R-3 districts and change the
bulk and area requirements to the current R-3 standards, which requires a
minimum 30-foot lot width and 3,000 sf in size. The new Maximum Lot Coverage
requirements would be 70% for buildings and 20% for pavement. During the first
reading, the Maximum Lot Coverage requirements were amended to include a
statement that "when a lot is covered over 80% by the combination of buildings
and pavement, the remaining amount of pavement allowed must be pervious."
The chart in Section 404 would be removed and the Area and Bulk
Requirements would be represented as they previously were in the zoning
ordinance (without a chart).
The Planning Commission unanimously (6-0, 2 abstain, 1 absent) voted to
approve the request as presented.
STAFF RECOMMENDATION: I move to approve the request to amend Section 404
of the zoning as presented.
Motion by Commissioner German, second by Commissioner Kilgo, to approve
the request to amend Section 404 of the zoning ordinance as presented.
ROLL VOTE: Ayes: Gorman, St.Clair, Johnson, and Kilgo
Nays: German, and Kochin
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MOTION PASSES
R. Amendment to Section 400 of the zoning ordinance to allow duplexes,
triplexes, and accessory dwelling units as principal uses permitted in the
Single-Family Residential Districts. SECOND READING Planning
This is a staff-initiated request to amend Section 400 of the zoning ordinance to
allow duplexes, triplexes, and accessory dwelling units as principal uses
permitted in the Single-Family Residential Districts.
Currently, single-family is the only housing option in R districts. This proposal
recommends allowing duplexes, triplexes and accessory dwelling units (under
certain conditions) in these districts. Duplexes would have to be on lots at least
40 feet wide. Triplexes would have to be on lots at least 50 feet wide and must
have an alley in the back. Accessory Dwelling Units would have to be located
behind an existing housing unit.
The Planning Commission unanimously (6-0, 2 abstain, 1 absent) voted to
approve the request as presented.
STAFF RECOMMENDATION: I move to approve the amendments to Section 400
of the zoning ordinance as proposed.
Motion by Commissioner German, second by Commissioner Kochin, to approve
the amendments to Section 400 of the zoning ordinance as proposed.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, and Kilgo
Nays: German
MOTION PASSES
S. Amendment to Article II of the zoning ordinance to create a definition for
accessory dwelling unit. SECOND READING Planning
This is a staff-initiated request to amend Article II of the zoning ordinance to
create a definition for accessory dwelling unit.
Proposed definition:
Accessory Dwelling Unit (ADU): An accessory structure typically located at the
rear of a lot that provides either a small residential unit or home office space.
The Planning Commission unanimously (6-0, 2 abstain, 1 absent) voted to
approve the request as presented.
STAFF RECOMMENDATION: I move to approve the request to amend Article II of
the zoning ordinance as presented.
Motion by Commissioner German, second by Commissioner Kilgo, to approve
the request to amend Article II of the zoning ordinance as presented.
ROLL VOTE: Ayes: Kilgo, Gorman, Kochin, St.Clair, and Johnson
Nays: German
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MOTION PASSES
T. Amendment to Article IV of the zoning ordinance to remove R-2 and R-3
districts and rename the single-family residential district. SECOND
READING Planning
This is a staff-initiated request to amend Article IV of the zoning ordinance to
remove R-2 and R-3 districts and rename single-family residential districts.
If the request to allow duplexes, triplexes and accessory dwelling units is
approved, the name of the zoning designation should be changed to reflect
the types of houses allowed. Staff proposes changing the name from “Single-
Family Residential” to “Neighborhood Residential.”
The Planning Commission unanimously (6-0, 2 abstain, 1 absent) voted to
approve the request as presented.
STAFF RECOMMENDATION: I move to approve the request to amend Article IV of
the zoning ordinance as presented.
Motion by Commissioner German, second by Commissioner Kochin, to approve
the request to amend Article IV of the zoning ordinance as presented.
ROLL VOTE: Ayes: Johnson, Kilgo, Gorman, Kochin, and St.Clair
Nays: German
MOTION PASSES
U. Amendment to Section 2326 of the zoning ordinance to reduce the
minimum number of parking spaces for single-family and multi-family
dwelling units. SECOND READING Planning
This is a staff-initiated request to amend Section 2326 of the zoning ordinance to
reduce the minimum number of parking spaces for single-family and multi-
family dwelling units. Staff is proposing to reduce the minimum number of
parking spaces required per dwelling unit from two to one.
Only one parking space per dwelling unit was required for residential uses prior
to an ordinance amendment in 2002. Large apartment complexes continue to
overdevelop parking lots based on the zoning ordinance’s requirements. Staff
had considered proposing to eliminate parking minimums altogether, as is the
case in form-based code districts, but based on public feedback a reduction to
one parking space per dwelling unit is being proposed instead.
The Planning Commission unanimously (6-0, 2 abstain, 1 absent) voted to
approve the request as presented.
STAFF RECOMMENDATION: I move to approve the amendments to Section 2326
of the zoning ordinance as presented.
Motion by Commissioner German, second by Commissioner Kochin, to approve
the amendments to Section 2326 of the zoning ordinance as presented.
Page 13 of 15
Page 17 of 377
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, and Gorman
Nays: German and Kochin,
MOTION PASSES
V. Amendment to Article XX of the zoning ordinance to allow the
conversion of single-family houses into duplexes and triplexes. SECOND
READING Planning
This is a staff-initiated request to make minor amendments to the design criteria
in the form-based code to allow single-family houses to be converted into
duplexes and triplexes, under certain conditions.
Within the form-based code districts, a few minor design requirements could
prevent converting a single-family house into a duplex or triplex. the Planning
Commission Excerpt depicts these changes in more detail.
The Planning Commission unanimously (6-0, 2 abstain, 1 absent) voted to
approve the request as presented.
STAFF RECOMMENDATION: I move to approve the amendments to Article XX of
the zoning ordinance as presented.
Motion by Commissioner German, second by Commissioner Kilgo, to approve
the amendments to Article XX of the zoning ordinance as presented.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, German, and Gorman
Nays: None
MOTION PASSES
2024-98 NEW BUSINESS
A. Housing Board of Appeals - Demolition of 1101 Pine St Public Safety
To concur with the Housing Board of Appeals decision to deem 1101 Pine St. a
dangerous building and authorize Melching, Inc. as the lowest bidder to
execute the demolition.
1101 Pine St was brought to the attention of staff in February 2024. After
performing an exterior inspection, it was apparent the structure was in fact a
dangerous building. Deficiencies noted in that report, from failing roof frame to
failing foundation members, the greatest cause for concern being the structure
had begun to cave in on itself from excessive water damage and decay in a
roof valley. All appropriate notices and orders were sent to the property owner.
At their September meeting, the Housing Board of Appeals recommended that
the building be taken down. The building appears to be deteriorating at an
increasingly fast rate, and staff have concerns that it could collapse even
before the commission meeting on Nov. 26. Staff went ahead and requested
Page 14 of 15
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bids for the demolition, with Melching, Inc. coming in the lowest bid at $97,000.
STAFF RECOMMENDATION: I move to approve the demolition of 1101 Pine St by
Melching, Inc.
Motion by Commissioner Kilgo, second by Commissioner Kochin, to approve
the demolition of 1101 Pine St by Melching, Inc.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and German
Nays: None
MOTION PASSES
ANY OTHER BUSINESS
Commissioner Kochin stated the Tree Lighting Ceremony is November 30th at 6
p.m.
Mayor Johnson added that he will be presenting the Key to the City to Santa at
the Tree Lighting. There is also the Glow Event happening downtown, they are
encouraging people to come down at 5 p.m. for caroling, coffee and cookies.
The Lakeshore Legacy Project is encouraging people to bring canned goods for
donation.
Commissioner Kilgo also mentioned the Lakeshore Legacy Project and what
they are doing downtown in regards to the Glow Event.
Mayor Johnson stated Lakeside is decorated, and they will have a Tree Lighting
on December 7th at 5:30 p.m.
Commissioner German has received positive feedback reference the alley
being paved between 5th and 6th Streets and thanked Director VanderHeide.
PUBLIC COMMENT ON NON-AGENDA ITEMS
Public comments received.
ADJOURNMENT
The City Commission meeting adjourned at 7:55 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
Page 15 of 15
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 10, 2024 Title: Sale of 1221 Sanford
Submitted by: Samantha Pulos, Code Department: Planning
Coordinator
Brief Summary:
Staff is seeking authorization to sell the vacant lot at 1221 Sanford to Kara Novak (Orangefin
Properties LLC).
Detailed Summary & Background:
Kara Novak (Orangefin Properties LLC) would like to purchase the vacant build-able lot at 1221
Sanford for $4,125 (75% of the True Cash Value of $5,500) plus half of the closing costs and the fee to
register the deed. Kara Novak (Orangefin Properties LLC) will be constructing a single-family home on
the property. The County traded the City this address after selling us 1694 Pine in error, which was
already part of a development agreement with Allen Edwin Homes.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Focus Area/Action Item Addressed:
Create an environment that effectively attracts new residents and retains existing residents by
filling existing employment gaps, attracting new and diverse businesses to the city, and
expanding access to a variety of high-quality housing options in Muskegon. Diverse housing
types.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
n/a Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A x
Recommended Motion:
Authorize the Code Coordinator to complete the sale of 1221 Sanford, as described in the attached
purchase agreement, and to have the Mayor and Clerk sign both the purchase agreement and the
deed.
Page 20 of 377
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information
Technology
Other Division Heads x
Communication
Legal Review
Page 21 of 377
PURCHASE AND DEVELOPMENT AGREEMENT
This Purchase and Development Agreement (“Agreement”) is made ______________ ___, 2024
(“Effective Date”), between the City of Muskegon, a Michigan municipal corporation, of 933 Terrace
Street, Muskegon, Michigan 49440 (“City”), and Orangefin Properties LLC, of 468 Pinecrest St, Holland,
MI, 49424, (“Developer”), with reference to the following facts:
Background
A. Developer proposes to purchase and develop one (1) vacant property owned by City which
is located in the City of Muskegon, Muskegon County, Michigan, and each commonly known and legally
described on the attached Exhibit A (each property individually, a “Parcel” and collectively “Project
Property”).
B. City and Developer desire to establish the terms, covenants, and conditions upon which
City will sell and Developer will purchase and develop the Project Property. Developer intends to develop
on the Project Property one (1) single-family house. (the “Project”).
Therefore, for good and valuable consideration, the parties agree as follows:
1. Sale and Purchase of Project Properties. City agrees to sell to Developer, and Developer
agrees to purchase from City, on the terms and subject to the conditions set forth in this Agreement, the
Project Property, subject to reservations, restrictions, and easements of record.
2. Purchase Price. The total purchase price for the Project Property shall be $4,125.00,
which shall be paid in cash or other immediately available funds at Closing (defined below) less the $400
deposit that the Developer has paid to the City of Muskegon.
Pursuant to Paragraph 3(b) below, the parties acknowledge and agree that Developer shall be eligible to be
reimbursed all or a portion of the purchase price for the Parcel upon the completion of certain design
standards as further described herein.
3. Construction and Development Requirements.
a. Construction Dates. The parties acknowledge and agree that Developer shall have
a period of eighteen (18) months from the date of Closing to complete the Project (“Construction
Period”), except as otherwise provided in this Agreement or as otherwise mutually agreed upon by
the parties in writing.
b. Construction Details; Purchase Price Reimbursement. Developer’s construction
and development of the Project Properties shall be in substantial conformance with its plans and
specifications provided to City by Developer or as otherwise agreed upon in writing between City
and Developer. As referenced above, Developer shall be eligible for reimbursement of all or a
portion of the purchase price for the Project Properties upon Developer’s satisfaction of the
following design standards for each single-family home it constructs on the Project Properties:
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Design Standard Purchase Price Reimbursement for Parcel
Open front porch of at least 60 sq. ft. 20%
Picture or bay window 20%
Alley-loaded parcel 20%
Shutter or other acceptable window 20%
treatments
Underground Sprinkling 20%
(By way of example only: If Developer completes three of the design standards listed above for
the construction at the Parcel located at 1221 Sanford, Developer would be reimbursed $2,475.00,
which is 60% of the $4,125.00 purchase price for this Parcel. If Developer completes all five design
standards, Developer would be reimbursed the entire purchase price for this Parcel.)
4. Right of Reversion. Notwithstanding anything herein to the contrary, and as security for
Developer’s obligation to commence and complete construction of a single-family house on each of the
Project Properties, the quit claim deed conveying the Project Properties to Developer shall contain a right
of reversion in all of the Project Properties (“City’s Reversionary Right”), which may be exercised by City,
in its sole and absolute discretion, if any of the following conditions occur:
a. Developer does not commence construction within sixty (60) days after the date of
Closing, in which case title to all of the Project Properties shall automatically revert to City upon
the terms and conditions further provided in this Paragraph 4 below. For purposes of this Paragraph
4(a), commencing construction means furnishing labor and materials to the Parcel of the Project
Property and beginning installation of the approved single-family home.
b. Developer does not complete construction of the Project Property prior to
expiration of the Construction Period, in which case title to any of the Project Properties that are
not complete by the end of the Construction Period shall automatically revert to City upon the terms
and conditions further provided in this Paragraph 4 below. For purposes of this Paragraph 4(b),
completing construction means the issuance of an occupancy permit by City for the Project
Property. Provided, however, the parties agree to reasonably negotiate an extension of the
Construction Period up to a period of six (6) months for the Project Property that have a completed
foundation before the expiration of the initial Construction Period.
If any of the above conditions occur, City shall automatically have City’s Reversionary Right to reacquire
title to the Project Property, as the case may be. To exercise City’s Reversionary Right described herein,
City must provide written notice to Developer (or its permitted successors, assigns, or transferees) within
thirty (30) days of Developer’s failure under this Agreement, but in any event prior to Developer satisfying
the conditions set forth in Paragraph 4(a) or Paragraph 4(b) above, as the case may be, and record such
notice with the Muskegon County Register of Deeds. Upon request of City, Developer shall take all
reasonable steps to ensure City acquires marketable title to the Project Property, as the case may be, through
its exercise of its rights under this Paragraph within thirty (30) days of City’s demand, including without
limitation, the execution of appropriate deeds and other documents.
In addition, if the Project Property revert to City, City may retain the purchase price for such Project
Property free and clear of any claim of Developer or its assigns. In the event of reversion of title of the
Project Property, improvements made on such Project Property shall become the property of City. In no
Page 23 of 377
event shall the Project Property be in a worse condition than upon the date of Closing. These covenants and
conditions shall run with the land and be recorded in the quit claim deed from City to Developer.
5. Title Insurance. Within five (5) days after the Effective Date, Developer shall order a title
commitment for an extended coverage ALTA owner’s policy of title insurance issued by Transnation Title
Agency (the “Title Company”) for the Project Property in the amount of the total purchase price for the
Project Property and bearing a date later than the Effective Date, along with copies of all of the underlying
documents referenced therein (the “Title Commitment”). Developer shall cause the Title Company to issue
a marked-up commitment or pro forma owner’s policy with respect to the Project Property at the Closing
naming Developer as the insured and in form and substance reasonably satisfactory to Developer, but
subject to Permitted Exceptions (defined below). As soon as possible after the Closing, Developer shall
cause the Title Company to furnish to Developer an extended coverage ALTA owner’s policy of title
insurance with respect to the Project Property (the “Title Policy”). City shall be responsible for the cost of
the Title Policy; provided, however, Developer shall be solely responsible for the cost of any endorsements
to the Title Policy that Developer desires.
6. Title Objections. Developer shall have until the end of the Inspection Period (as defined
below) within which to raise objections to the status of City’s title to the Project Properties. If objection to
the title is made, City shall have seven (7) days from the date it is notified in writing of the particular defects
claimed to either (a) remedy the objections, or (b) notify Developer that it will not remedy the objections.
If Developer does not notify City in writing as to any title or survey objections, then Developer will be
deemed to have accepted the condition of title as set forth in the Title Commitment. If City is unwilling or
unable to remedy the title or obtain title insurance over such defects within the time period specified, then
notwithstanding anything contained herein to the contrary, Developer may, at its option, upon written notice
to City, either (i) terminate this Agreement and neither City nor Developer shall have any further obligation
to the other pursuant to this Agreement, except as otherwise provided herein, or (ii) waive such objection,
in which case such objection shall become a Permitted Exception, and thereafter proceed to the Closing
according to the terms of this Agreement. Any matter disclosed on the Title Commitment that is waived or
not objected to by Developer shall be deemed a “Permitted Exception.”
7. Property Taxes and Assessments. City shall be responsible for the payment of all real
estate taxes and assessments that become due and payable prior to Closing, without proration. Developer
shall be responsible for the payment of all real estate taxes and assessments that become due and payable
after Closing, without proration.
8. Survey. Developer at its own expense may obtain a survey of any or all of the Project
Property, and Buyer or its surveyor or other agents may enter any of the Project Property for that purpose
prior to Closing. If no survey is obtained, Developer agrees that Developer is relying solely upon
Developer's own judgment as to the location, boundaries, and area of the Project Property and
improvements thereon without regard to any representations that may have been made by City or any other
person. In the event that a survey by a registered land surveyor made prior to Closing discloses an
encroachment or substantial variation from the presumed land boundaries or area, City shall have the option
of affecting a remedy within seven (7) days after disclosure, or terminate this Agreement. Developer may
elect to purchase the Project Property subject to said encroachment or variation.
9. Inspection Period. At Developer’s sole option and expense, Developer and Developer’s
agents may conduct inspections of each of the Project Property within thirty (30) days after the Effective
Date (“Inspection Period”). Developer’s inspection under this Paragraph may include, by way of example
but not limitation, inspections of any existing improvements to each Parcel, other systems servicing the
Parcel, zoning, and the suitability for Developer’s intended purposes for each Parcel. If Developer, in
Developer’s reasonable discretion, is not satisfied with the results of the inspections for any reason,
Page 24 of 377
Developer shall notify City in writing of Developer’s prior to expiration of the 30-day Inspection Period. If
Developer so notifies City, this Agreement shall be terminated and have no further force and effect. If no
written objection is made by Developer within the stated period, this inspection contingency shall be
deemed to be waived by Developer and the parties shall proceed to Closing in accordance with the terms
of this Agreement.
10. Condition of Project Property. City and Developer acknowledge and agree that the Parcel
in the Project Property is being sold and delivered “AS IS”, “WHERE IS” in its present condition. Except
as specifically set forth in this Agreement or any written disclosure statements, City has not made, does not
make, and specifically disclaims any and all representations, warranties, or covenants of any kind or
character whatsoever, whether implied or express, oral or written, as to or with respect to (i) the value,
nature, quality, or condition of any of the Project Property, including without limitation, soil conditions,
and any environmental conditions; (ii) the suitability of the Project Property for any or all of Developer’s
activities and uses; (iii) the compliance of or by the Project Property with any laws, codes, or ordinances;
(iv) the habitability, marketability, profitability, or fitness for a particular purpose of the Project Property;
(v) existence in, on, under, or over the Project Property of any hazardous substances; or (vi) any other matter
with respect to the Project Property. Developer acknowledges and agrees that Developer has or will have
the opportunity to perform inspections of the Project Property pursuant to this Agreement and that
Developer is relying solely on Developer’s own investigation of the Project Property and not on any
information provided to or to be provided by City (except as specifically provided in this Agreement). If
the transaction contemplated herein closes, Developer agrees to accept the respective Project Property
acquired by Developer and waive all objections or claims against City arising from or related to such Project
Property and any improvements thereon except for a breach of any representations or warranties or
covenants specifically set forth in this Agreement. In the event this transaction closes, then subject to City’s
express representations, warranties, and covenants in this Agreement, Developer acknowledges and agrees
that it has determined that the respective Project Property it has acquired and all improvements thereon are
in a condition satisfactory to Developer based on Developer’s own inspections and due diligence, and
Developer has accepted such Project Property in their present condition and subject to ordinary wear and
tear up to the date of Closing. The terms of this Paragraph shall survive the Closing and/or the delivery of
the deed.
11. Developer’s Representations and Warranties of Developer. Developer represents,
covenants, and warrants the following to be true:
a. Authority. Developer has the power and authority to enter into and perform
Developer’s obligations under this Agreement.
b. Litigation. No judgment is outstanding against Developer and no litigation, action,
suit, judgment, proceeding, or investigation is pending or outstanding before any forum, court, or
governmental body, department or agency or, to the knowledge of Developer, threatened, that has
the stated purpose or the probable effect of enjoining or preventing the Closing.
c. Bankruptcy. No insolvency proceeding, including, without limitation, bankruptcy,
receivership, reorganization, composition, or arrangement with creditors, voluntary or involuntary,
affecting Developer or any of Developer's assets or properties, is now or on the Closing Date will
be pending or, to the knowledge of Developer, threatened.
12. Conditions Precedent. This Agreement and all of the obligations of Developer under this
Agreement are, at Developer’s option, subject to the fulfillment, before or at the time of the Closing, of
each of the following conditions:
Page 25 of 377
a. Performance. The obligations, agreements, documents, and conditions required to
be signed and performed by City shall have been performed and complied with before or at the date
of the Closing.
b. City Commission Approval. This Agreement is approved by the Muskegon City
Commission.
13. Default.
a. By Developer. In the event Developer fails to comply with any or all of the
obligations, covenants, warranties, or agreements under this Agreement and such default is not
cured within ten (10) days after receipt of notice (other than Developer’s failure to tender the
purchase price in full at Closing, a default for which no notice is required), then City may terminate
this Agreement.
b. By City. In the event City fails to comply with any or all of the obligations,
covenants, warranties or agreements under this Agreement, and such default is not cured within ten
(10) days after receipt of notice, then Developer may either terminate this Agreement or Developer
may pursue its legal and/or equitable remedies against City including, without limitation, specific
performance.
14. Closing.
a. Date of Closing. The closing date of this sale shall be as mutually agreed by the
parties, but in no event later than 60 days from the City Commission’s approval of the sale
(“Closing”), unless this Agreement is terminated in accordance with its provisions. The Closing
shall be conducted at such time and location as the parties mutually agree.
b. Costs. The costs associated with this Agreement and the Closing shall be paid as
follows: (i) Developer shall pay any state and county transfer taxes in the amount required by law;
(ii) City shall pay the premium for the owner’s Title Policy, provided that Developer shall pay for
any and all endorsements to the Title Policy that Developer desires; (iii) City shall be responsible
to pay for the recording of any instrument that must be recorded to clear title to the extent required
by this Agreement; (iv) Developer shall pay for the cost of recording the deed; and (v) Developer
and City shall each pay one-half of any closing fees charged by the Title Company.
c. Deliveries. At Closing, City shall deliver a quit claim deed for the Project
Properties and Developer shall pay the purchase price. The quit claim deed to be delivered by City
at closing shall include the City Right of Reversion described in Paragraph 4 above. The parties
shall execute and deliver such other documents reasonably required to effectuate the transaction
contemplated by this Agreement.
15. Real Estate Commission. Developer and City shall each be responsible for any fees for
any real estate agents, brokers, or salespersons regarding this sale that it has hired, but shall have no
obligation as to any fees for any real estate agents, brokers, or salespersons regarding this sale that the other
party has hired.
16. Notices. All notices, approvals, consents and other communications required under this
Agreement shall be in writing and shall be deemed given: (i) when delivered in person; (ii) when sent by
fax or email: (iii) when sent by a nationally-recognized receipted overnight delivery service with delivery
fees prepaid; or (iv) when sent by United States first-class, registered, or certified mail, postage prepaid.
Page 26 of 377
The notice shall be effective immediately upon personal delivery or upon transmission of the fax or email;
one day after depositing with a nationally recognized overnight delivery service; and five (5) days after
sending by first class, registered, or certified mail.
Notices shall be sent to the parties as follows:
To City: City of Muskegon
Attn.: Samantha Pulos, Code Coordinator
933 Terrace Street
Muskegon, MI 49440
w/ copy to: Parmenter Law
Attn.: City Attorney
601 Terrace Street, Suite 200
Muskegon, MI 49440
Email: john@parmenterlaw.com
To Developer: Kara Novak
167 S. River Ave.
Holland, MI
49423
Email: kara.novak@unitedbank4u.com
17. Miscellaneous.
a. Governing Law. This Agreement will be governed by and interpreted in
accordance with the laws of the state of Michigan.
b. Entire Agreement. This Agreement constitutes the entire agreement of the parties
and supersedes any other agreements, written or oral, that may have been made by and between the
parties with respect to the subject matter of this Agreement. All contemporaneous or prior
negotiations and representations have been merged into this Agreement.
c. Amendment. This Agreement shall not be modified or amended except in a
subsequent writing signed by all parties.
d. Binding Effect. This Agreement shall be binding upon and enforceable by the
parties and their respective legal representatives, permitted successors, and assigns.
e. Counterparts. This Agreement may be executed in counterparts, and each set of
duly delivered identical counterparts which includes all signatories, shall be deemed to be one
original document.
f. Full Execution. This Agreement requires the signature of all parties. Until fully
executed, on a single copy or in counterparts, this Agreement is of no binding force or effect and if
not fully executed, this Agreement is void.
g. Non-Waiver. No waiver by any party of any provision of this Agreement shall
constitute a waiver by such party of any other provision of this Agreement.
Page 27 of 377
h. Severability. Should any one or more of the provisions of this Agreement be
determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
enforceability of the remaining provisions of this Agreement shall not in any way be impaired or
affected.
i. No Reliance. Each party acknowledges that it has had full opportunity to consult
with legal and financial advisors as it has been deemed necessary or advisable in connection with
its decision to knowingly enter into this Agreement. Neither party has executed this Agreement in
reliance on any representations, warranties, or statements made by the other party other than those
expressly set forth in this Agreement.
j. Assignment or Delegation. Except as otherwise specifically set forth in this
Agreement, neither party shall assign all or any portion of its rights and obligations contained in
this Agreement without the express or prior written approval of the other party, in which approval
may be withheld in the other party's sole discretion.
k. Venue and Jurisdiction. The parties agree that for purposes of any dispute in
connection with this Agreement, the Muskegon County Circuit Court shall have exclusive personal
and subject matter jurisdiction and that Muskegon County is the exclusive venue.
This Agreement is executed effective as of the Effective Date set forth above.
CITY: DEVELOPER:
CITY OF MUSKEGON ORANGEFIN PROPERTIES LLC
By: _______________________________ By: _______________________________
Name: Ken Johnson Name: Kara Novak
Title: Mayor Dated: __________________
Dated: __________________
By: _______________________________
Name: Ann Marie Meisch
Title: City Clerk
Dated: __________________
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Exhibit A
The following described premises located in the City of Muskegon, County of Muskegon, State of
Michigan, and legally described as follows:
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 S 1/2 LOT 11 BLK 384
Address: 1221 SANFORD STREET, MUSKEGON, MI 49441
Parcel #: 61-24-205-384-0011-00
Price: $4,125.00
Page 29 of 377
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 10, 2024 Title: Resolution designating a portion of Western
Avenue as "L.C. Walker Way" in honor of Louis
Carlisle Walker
Submitted by: Jonathan Seyferth, City Manager Department: Manager's Office
Brief Summary:
This resolution proposes designating a portion of Western Avenue as "L.C. Walker Way" in honor of
Louis Carlisle Walker, co-founder of the Shaw-Walker Company. L.C. Walker significantly influenced
Muskegon's industrial growth, economic development, and cultural life. His philanthropic efforts
include contributions to the Hackley Art Gallery and the creation of the L.C. Walker Arena, integral to
the city's community and entertainment landscape.
The designation, covering Western Avenue between Division and Franklin Streets, adds an honorary
title without changing official addresses. Signage will commemorate his contributions, symbolizing his
enduring legacy in Muskegon's history and civic identity.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 GOAL 3: COMMUNITY CONNECTION - More connected and cohesive community
Amount Requested: Budgeted Item:
Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A x
Recommended Motion:
To approve the resolution to designate a portion of Western Avenue as "L.C. Walker Way" in honor of
Louis Carlisle Walker.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
No
Page 30 of 377
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 31 of 377
CITY OF MUSKEGON
RESOLUTION NO. ___________
A RESOLUTION TO DESIGNATE A PORTION OF WESTERN AVENUE
AS "L.C. WALKER WAY" IN HONOR OF LOUIS CARLISLE WALKER
WHEREAS, Louis Carlisle (L.C.) Walker was a co-founder of the Shaw-Walker Company in Muskegon, Michigan, a
business that played a pivotal role in the city’s industrial and economic development, creating thousands of jobs
and establishing Muskegon as a prominent manufacturing center in the 20th century; and
WHEREAS, L.C. Walker’s legacy extends far beyond his business achievements, as he was a dedicated
philanthropist who generously supported the civic and cultural growth of Muskegon through numerous
donations, including significant contributions to the Hackley Art Gallery and funding for the L.C. Walker Arena, a
cornerstone of community events, sports, and entertainment; and
WHEREAS, the City of Muskegon desires to honor the life and contributions of L.C. Walker by designating a portion
of Western Avenue, between Division Street and Franklin Street, as "L.C. Walker Way," to serve as a lasting tribute
to his profound impact on the city and its citizens; and
WHEREAS, this added honorary street name will serve as a reminder of Walker’s enduring legacy and commitment
to the growth and development of Muskegon, recognizing his role in the city’s economic, social, and cultural
history; and
WHEREAS, the commemorative naming of this portion of Western Avenue does not alter official addresses but
adds an honorary designation to further commemorate L.C. Walker’s contributions to the city;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Muskegon:
1. The portion of Western Avenue between Division Street and Franklin Street shall be designated as "L.C. Walker
Way" in honor of L.C. Walker.
2. Appropriate signage reflecting this honorary street name shall be installed at the intersections of Western
Avenue with Division Street and Franklin Street, ensuring visibility to residents and visitors.
3. The City Commission hereby directs city staff to coordinate with relevant departments for the successful
implementation of this honorary street naming.
4. The City of Muskegon extends its deepest gratitude to L.C. Walker and his family for their ongoing contributions
to the community and recognizes the lasting impact of his vision, leadership, and generosity.
Adopted this ________ day of _______________, 2024
____________________________________ ____________________________________
Kenneth D. Johnson, Mayor Ann Marie Meisch, City Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 10, 2024 Title: MDNR Urban & Community Forestry Grant
Submitted by: Dan VanderHeide, Public Works Department: Public Works
Director
Brief Summary:
Staff seeks authorization to enter into an agreement with the West Michigan Shoreline Regional
Development Commission (WMSRDC) for administration of a $225,000 MDNR forestry grant on behalf
of the City.
Detailed Summary & Background:
Staff worked with WMSRDC to apply for a forestry grant that will provide a complete inventory of all
publicly-owned trees within the City. The data will include location, species, condition, a photo and
more. The data will be presented to the City in a software system that will integrate with DPW's asset
management and GIS software, and will recommend actions that will improve the health of each
tree, or will recommend removal of a tree if necessary. WMSRDC will manage the grant, and the
included agreement sets up the framework for that to happen. The grant is exclusively for the City of
Muskegon, however WMSRDC's environmental programs staff has more experience applying for and
managing grants of this type. The grant also includes a limited amount of tree removals and
plantings, which City staff will perform in concert with WMSRDC's management. The City's staff and
equipment time (worth $43,500) is the only match necessary, which will be accommodated within
the department's budget.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Enhanced Parks and Recreation Department and Services, Decrease infrastructure burden on
residents
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Amount Requested: Budgeted Item:
$225,000 ($43,500 in City services, $181,500 grant Yes No X N/A
dollars)
Fund(s) or Account(s): Budget Amendment Needed:
101-771 (Forestry) Yes X No N/A
Recommended Motion:
Authorize staff to enter into an agreement with the West Michigan Shoreline Regional Development
Page 33 of 377
Commission (WMSRDC) for administration of a $225,000 MDNR forestry grant on behalf of the City.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 34 of 377
CONTRACTUAL AGREEMENT
West Michigan Shoreline
Regional Development Commission
316 Morris Avenue, Suite 340
Muskegon, MI 49440
and
City of Muskegon
933 Terrace Street
Muskegon, MI 49440
WMSRDC PROJECT NAME: City of Muskegon Urban Tree Management
WMSRDC PROJECT PERIOD: November 1, 2024 – July 30, 2026
WMSRDC PROJECT NUMBER: 750826
FUNDING SOURCE: Michigan Department of Natural Resources
Forest Resources Division
GRANT NUMBER: UIRA25-19
AWARDED DOLLAR AMOUNT: $43,500.00
This Agreement made and entered into this 19th day of November 2024 by and between the
West Michigan Shoreline Regional Development Commission, hereinafter referred to as
"COMMISSION," and the CITY OF MUSKEGON hereinafter referred to as the “CITY OF
MUSKEGON” for the purpose of establishing the rights, obligations, and responsibilities of the
parties with regard to provision of technical assistance services.
WITNESSETH:
WHEREAS the COMMISSION requested the CITY OF MUSKEGON to provide technical
assistance services; and
WHEREAS the COMMISSION and the CITY OF MUSKEGON with regard to their respective
interests as above described and as hereinafter set forth, agree that:
THE CITY OF MUSKEGON SHALL:
Provide technical assistance services identified in the attached Scope of Services.
THE COMMISSION SHALL:
Reimburse the CITY OF MUSKEGON $43,500,00 for technical assistance services
WMSRDC TYPE A2 LOCAL GOV TO WMSRDC CONTRACT – 1/1/2021 Page 1
Page 35 of 377
rendered, according to the following schedule:
Within thirty (30) days of invoicing by the CITY OF MUSKEGON to the COMMISSION.
Invoices may be presented at a frequency no greater than monthly.
IT IS FURTHER AGREED THAT:
A. In the event of a change in the Scope of Services, caused by unforeseen circumstances,
which result in an increase in the costs for the $43,500,00, the fee shall be subject to
renegotiation. Any changes or increases in costs shall require written approval by BOTH
PARTIES.
B. Either party may terminate this Agreement after no less than 30 days written notice to the
other party. In the event of termination, the CITY OF MUSKEGON shall be reimbursed for
all eligible costs incurred in the furtherance of the above-mentioned services as of the date
of such termination.
C. The COMMISSION and the CITY OF MUSKEGON agree to adhere to the attached
(Michigan Department of Natural Resources/Forest Resources Division grant contract
GA_UIRA25_WMSRDC, as required by the grant funding agency).
This agreement shall become binding on the parties hereto and of full force and effect upon
the signing thereof by the duly authorized officials for the COMMISSION and for the CITY OF
MUSKEGON.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
WEST MICHIGAN SHORELINE
REGIONAL DEVELOPMENT COMMISSION CITY OF MUSKEGON
_______________________________ ________________________________
Erin Kuhn, Executive Director
________________________________ ________________________________
Date Date
WMSRDC TYPE A2 LOCAL GOV TO WMSRDC CONTRACT – 1/1/2021 Page 2
Page 36 of 377
Michigan Department of Natural Resources/Forest Resources Division
FY25 URBAN & COMMUNITY FORESTRY
INFLATION REDUCTION ACT GRANT PROGRAM
This information is required by authority of Part 5 of Act 451, P.A. 1994 as amended, to receive funds.
This Agreement is between West Michigan Shoreline Regional Development Commission , a state unit of government
in the county of Muskegon , hereinafter referred to as the “GRANTEE,” and
the MICHIGAN DEPARTMENT OF NATURAL RESOURCES, an agency of the State of Michigan, hereinafter referred to as the
“DEPARTMENT.” Funds are appropriated from 23-DG-11094200-340, a Federal Grant from the United States Forest Service,
USDA (FAL 10.727) to the DEPARTMENT to issue grants for projects in the state under the Cooperative Forestry Assistance Act
of 1978 for the Urban and Community Forestry Program and approved by the Michigan Legislature.
A copy of this Federal award is included as APPENDIX B.
The purpose of this Agreement is to provide funding in exchange for work to be performed for the project named below and described
in the IRA Urban & Community Forestry Grant application, APPENDIX A. This Agreement is subject to the terms and conditions
specified herein.
Project #: UIRA25-19
Amount of grant: $225,000.00 Start Date: October 1, 2024
Unique Entity
Identifier Number
(https://sam.gov/) Q9MEGMX4C584 End Date: September 1, 2026
As a condition to the execution of the Agreement, the GRANTEE is required to sign the Agreement and return it to the
DEPARTMENT within 30 days of the date the Agreement is issued, or the Agreement may be cancelled by the DEPARTMENT.
This Agreement is not effective until the GRANTEE has signed it, returned it, and the DEPARTMENT has signed it. The
Agreement is considered executed when signed by the DEPARTMENT.
The individuals signing below certify by their signatures that they are authorized to sign this Grant Agreement on behalf of their
agencies, and that the parties will fulfill the terms of this Agreement, including any attached appendices, as set forth herein.
GRANTEE
SIGNED E-SIGNED by Erin Kuhn
on 2024-11-05 08:36:14 EST
By:
Name (Print) Erin Kuhn
Executive Director
Title:
Date: 2024-11-05 08:36:14 UTC
*Vendor Self Service: https://www.michigan.gov/VSSLogin.
For assistance please contact the VSS Call Center (888) 734-9749 or email
SIGMA-Vendor@Michigan.gov
*SIGMA Vendor Number: CV0022933
*SIGMA Address ID: 005
MICHIGAN DEPARTMENT OF NATURAL RESOURCES
SIGNEDE-SIGNED by Kevin Sayers
UCF Program Manager
By: on 2024-11-05 10:52:09 EST
DNR Authorized Official and Title
2024-11-05 10:52:09 UTC
Date of Execution by DEPARTMENT
1 FRD (Rev. 10/18/2024)
Page 37 of 377
I. CONTACT INFORMATION
This Agreement shall be administered on behalf of the DEPARTMENT by the Forest Resources Division. All reports,
documents, or actions required of the GRANTEE shall be submitted to the contact below.
GRANTEE CONTACT DEPARTMENT CONTACT
Fallon Chabala Kerry Gray, Urban & Community Forestry IRA Grant Specialist
Name Name/Title
West Michigan Shoreline Regional Development
Department of Natural Resources - Forest Resources Division
Commission
Organization Organization
316 Morris Ave, Suite 340 525 W. Allegan Street, Lansing, MI 48933
Address Address
Muskegon, MI 49440 P.O. Box 30425 Lansing, MI 48909-7952
City, State Zip Address
231-722-7878 x130 734-691-1806
Telephone Number Telephone Number
fchabala@wmsrdc.org grayk12@michigan.gov
E-mail Address E-mail Address
All notices, reports, requests or other communications hereunder shall be sufficiently given when mailed or emailed and
addressed as indicated in this section. The DEPARTMENT and GRANTEE may by written notice designate a different address
to which subsequent notices, reports, requests, or other communications shall be sent.
II. PROJECT SCOPE
The IRA Urban & Community Forestry Grant application (APPENDIX A) is, by this reference, made part of this Agreement.
This Agreement, together with the APPENDICES, constitutes the entire Agreement between the parties.
Costs must be allowable, allocable, reasonable, and consistent with the budget identified for completing the project as
described in the Deliverables and Budget Detail of this grant agreement, including modifications to APPENDIX A, which must
be requested and approved in writing. Only the agreed-upon project costs incurred during the grant period are eligible for
grant payment, unless otherwise approved in writing by the DEPARTMENT.
III. PROJECT PERIOD
The project and budget periods are effective from October 1, 2024 – September 1, 2026, as listed on page 1 of this
Agreement. The GRANTEE is expected to complete the project within the project period. Requests by the GRANTEE to
extend the project period must be made in writing a minimum of 30 days before the expiration of the project period. Extensions
to the project period are at the discretion of the DEPARTMENT and may be made only by an amendment to this Agreement.
IV. GRANTEE DELIVERABLES AND REPORTING REQUIREMENTS
Grantees are required to submit progress reports every semi-annually – no later than 30 days after the end of each reporting
period. The reports should summarize the progress made towards meeting project goals, outcomes, and deliverables during
the reporting period. The reports are required to include the geographic location of all work completed and the type of work
occurring at events/locations to meet USDA Forest Service impact reporting requirements.
All projects are required to submit before, during and after pictures that document the grant project process. These pictures
should be submitted with the semi-annual grant reports. Grant report periods are as follows:
October 1 through March 31
April 1 through August 31
For the grant reporting period ending August 31 grantees are required to submit a request for reimbursement for any
expenses incurred during the fiscal year (Oct 1 – September 30).
Final Grant Reporting. The GRANTEE must complete and submit a final narrative summary in accordance with instructions
provided by the DEPARTMENT. The summary should include, but is not limited to, details on achieving the deliverables
outlined in this grant agreement. The final narrative summary is due at the same time as the final reimbursement request,
no later than September 30, 2026.
2 FRD (Rev. 10/18/2024)
Page 38 of 377
V. CHANGES
Any changes to this Agreement requested by GRANTEE must be made in writing to the DEPARTMENT and are subject to
DEPARTMENT approval in its sole discretion. Changes requiring an amendment to this Agreement, will be executed by the
DEPARTMENT and the GRANTEE in the same manner as this Agreement.
VI. GRANTEE RESPONSIBILITIES
The GRANTEE agrees to abide by all applicable local, state, and federal laws, rules, ordinances, and regulations in the
performance of this grant.
The GRANTEE of this award is subject to the OMB guidance in subparts A through F of 2 CFR Part 200 as adopted and
supplemented by the USDA in 2 CFR Part 400. Adoption by USDA of the OMB guidance in 2 CFR 400 gives regulatory effect
to the OMB guidance in 2 CFR 200 where full text may be found.
Electronic copies of the CFR’s can be obtained at the following internet site: www.ecfr.gov. If you are unable to retrieve these
regulations electronically, please contact the Grant and Agreements Office at (640) 557-4106.
The GRANTEE agrees to obtain all necessary permits before commencement of the project. This Agreement shall not be
construed to obligate the DEPARTMENT or any other agency to issue any permit required for the completion of the project. It
is the sole responsibility of the GRANTEE to determine what permits are required for the project, secure the needed permits
and remain in compliance with such permits. The GRANTEE will retain a copy of all permits in the file and make them available
to the DEPARTMENT upon request.
The GRANTEE affirms to have control of the project area through fee-simple title, lease or other recorded interest in the project
area or written permission from the owner of the project area to complete project activities.
This Agreement shall not be construed to require the DEPARTMENT to operate or maintain or to contribute to the operation
or maintenance of the project improvements and associated project activities that are the subject of this Agreement for the
course of the expected useful life.
The GRANTEE is solely responsible for the operation and maintenance of the project activities that are the subject of this
Agreement and the actions of any employee or agent of the GRANTEE acting within the scope of their employment or agency.
The GRANTEE shall comply with the Employers Engaging in Unfair Labor Practices Act, 1980 PA 278, as amended, MCL
423.321 et seq.
VII. PURCHASING AND CONTRACTING
The GRANTEE agrees to adhere to all contracting and procurement requirements as outlined in the OMB guidance listed in
Part III of this agreement, for the year the grant award was issued or the most recent OMB guidance.
The DEPARTMENT reserves the right to deny the use of any consultant, contractor, associate, or other personnel to perform
any portion of the project. The GRANTEE is solely responsible for all contractual activities performed under this Agreement.
Further, the DEPARTMENT will consider the GRANTEE to be the sole point of contact with regard to contractual matters,
including payment of any and all charges resulting from the anticipated grant. All subcontractors used by the GRANTEE in
performing the project shall be subject to the provisions of this Agreement and shall be qualified to perform the duties required.
VIII. USE OF MATERIAL
Unless otherwise specified in this Agreement, the GRANTEE may release information or material developed under this
Agreement, provided it includes specific recognition of assistance received from the DEPARTMENT.
The DEPARTMENT retains a royalty-free, nonexclusive and irrevocable right to reproduce, publish, and use in whole or in
part, and authorize others to do so, any copyrightable material or research data submitted under this grant whether or not the
material is copyrighted by the GRANTEE or another person.
IX. ASSIGNABILITY
This Agreement and grant may not be transferred or assigned to any other agency, group, or individual without prior written
approval by the DEPARTMENT.
X. NON-DISCRIMINATION
The GRANTEE shall comply with the Elliott Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2101 et seq., the
Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 et seq., and all other federal, state, and
local fair employment practices and equal opportunity laws and covenants that it shall not discriminate against any employee
or applicant for employment, to be employed in the performance of this Agreement, with respect to his or her hire, tenure,
terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of his or her
3 FRD (Rev. 10/18/2024)
Page 39 of 377
sex, race, color, religion, national origin, residence, age, height, weight, familial status, marital status or disability that is
unrelated to the individual’s ability to perform the duties of a particular job or position. The GRANTEE agrees to include in
every subcontract entered into for the performance of this Agreement this covenant not to discriminate in employment. A
breach of this covenant is a material breach of this Agreement.
No individual shall be denied access to grant-funded facilities or activities on the basis of sex, race, color, religion, national
origin, residence, age, height, weight, familial status, marital status or disability.
XI. LIABILITY
The GRANTEE hereby represents that it will defend any suit brought against either party that involves title, ownership, or
specific rights, including appurtenant riparian rights, of any lands controlled by the GRANTEE connected with or affected by
the project.
The GRANTEE is responsible for all claims, demands, judgments, and expenses, including attorney fees, from any and all
loss, damage, or injury to person or property, or death arising under or in any manner related to the Agreement, the activities
authorized by the Agreement or the use and occupancy of the premises, project area or facilities.
XII. CONFLICT OF INTEREST
No government employee, or member of the legislative, judicial, or executive branches, or member of the GRANTEE’s Board
of Directors, its employees, partner agencies, or their families shall have a direct or indirect interest in any part of this
Agreement that creates a substantial conflict of interest.
XIII. ANTI-LOBBYING
The GRANTEE shall not use any of the grant funds awarded in this Agreement for the purpose of lobbying as defined in the
State of Michigan’s lobbying statute, MCL 4.415(2). “‘Lobbying’ means communicating directly with an official of the executive
branch of state government or an official in the legislative branch of state government for the purpose of influencing legislative
or administrative action.”
XIV. DEBARMENT AND SUSPENSION
By signing this Agreement, the GRANTEE certifies to the best of its knowledge and belief that it, its agents, and its
subcontractors:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from covered transactions by any federal department or the state.
2. Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction, as
defined in 45 CFR 1185; violation of federal or state antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.
3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or
local) with commission of any of the offenses enumerated in subsection (2).
4. Have not within a three-year period preceding this Agreement had one or more public transactions (federal,
state, or local) terminated for cause or default.
XV. IRAN SANCTIONS ACT
By signing this Agreement, the GRANTEE is certifying that it is not an Iran linked business, and that its contractors are not
Iran linked businesses, as defined in MCL 129.312.
XVI. AUDIT AND ACCESS TO RECORDS
The DEPARTMENT reserves the right to conduct a programmatic and financial audit of the project and may withhold payment
until the audit is satisfactorily completed. The GRANTEE will be required to maintain all pertinent records and evidence
pertaining to this Agreement, including grant and any required matching funds, in accordance with generally accepted
accounting principles and other procedures specified by the State. The State or any of its duly authorized representatives
must have access, upon reasonable notice, to such books, records, documents, and other evidence for the purpose of
inspection, audit, and copying. The GRANTEE will provide proper facilities for such access and inspection. All records must
be maintained for a minimum of seven years after the final payment has been issued to the GRANTEE by the DEPARTMENT.
XVII. INSURANCE
4 FRD (Rev. 10/18/2024)
Page 40 of 377
The GRANTEE shall acquire and maintain insurance which will protect the GRANTEE from claims which may arise out of or
result from the GRANTEE’S operations under this Agreement, whether performed by the GRANTEE, a subcontractor or
anyone directly or indirectly employed by the GRANTEE, or anyone for whose acts may hold them liable. Such insurance
shall be with companies authorized to do business in the State of Michigan in such amounts and against such risks as are
ordinarily carried by similar entities, including but not limited to public liability insurance, worker’s compensation insurance or
a program of self-insurance complying with the requirements of Michigan law. The GRANTEE shall provide evidence of such
insurance to the DEPARTMENT at its request.
XVIII. OTHER SOURCES OF FUNDING
The GRANTEE agrees to notify the DEPARTMENT immediately if funding for the same or a substantially similar project is
received and to cease all activity under this Agreement until the difference in scope between projects is identified and agreed
upon by all parties.
The GRANTEE guarantees that any claims for reimbursement made to the DEPARTMENT under this Agreement must not be
financed by any source other than the DEPARTMENT under the terms of this Agreement. If funding is received through any
other source, the GRANTEE agrees to delete from GRANTEE's billings, or to immediately refund to the DEPARTMENT, the
total amount representing such duplication of funding.
XIX. REIMBURSEMENT
The DEPARTMENT will make payment to the GRANTEE as follows:
1. The DEPARTMENT will pay the GRANTEE a total amount not to exceed the amount on page 1 of this
Agreement, in accordance the Deliverables and Budget Detail in this grant agreement. Any cost overruns
incurred to complete the project activities called for by this Agreement shall be the sole responsibility of the
GRANTEE.
2. To be eligible for payment, the GRANTEE must submit a complete payment request to the DEPARTMENT on
form(s) provided by the DEPARTMENT and have satisfied all progress reporting requirements due prior to the
date of the payment request.
3. The GRANTEE is required to submit documentation of all costs incurred, including the value of match and
donations made to the project. Documentation of expenditures and value of match and donations must meet
written DEPARTMENT requirements as specified in the OMB guidance for the year the grant was issued or the
most recent version of the OMB guidance. The DEPARTMENT reserves the right to request additional
information necessary to substantiate payment.
4. The GRANTEE is responsible for providing documentation of all matching funds committed to the project. If the
GRANTEE fails to meet the match obligation the DEPARTMENT may withhold or require repayment of grant
funds.
5. The GRANTEE must be a registered vendor with the State of Michigan SIGMA Vendor Self Service (VSS)
system to receive payments. The registration website is:
https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService. All grant funds will be paid by
Electronic Funds Transfer (EFT).
6. GRANTEE is required to have a Unique Entity Identifier number. Per 2 CFR 200.210 which refers to 2 CFR
25.315, appendix A, Paragraph C.2, a unique entity identifier is required for SAM registration. Currently in SAM,
this is the UEI number. GRANTEE may contact the DEPARTMENT if help is needed to set this up.
7. Due to the State’s year-end closing procedures, final reimbursement requests must be submitted to the
DEPARTMENT no later than September 30 to allow the State to complete its accounting for that fiscal year.
Any requests for reimbursement submitted after the deadline will be denied by the DEPARTMENT.
XX. CLOSEOUT
A determination of project completion, which may include a site inspection and an audit, shall be made by the DEPARTMENT
after the GRANTEE has met any match obligations, satisfactorily completed the activities, and provided products and
deliverables described in the Deliverables and Budget Detail in this grant agreement.
Upon issuance of final payment from the DEPARTMENT, the GRANTEE releases the DEPARTMENT of all claims against the
DEPARTMENT arising under this Agreement. Unless otherwise provided in this Agreement or by State law, final payment
under this Agreement shall not constitute a waiver of the DEPARTMENT’s claims against the GRANTEE. All records must be
maintained for a minimum of seven years after the final payment has been issued to the GRANTEE by the DEPARTMENT.
The GRANTEE shall immediately refund to the DEPARTMENT any payments in excess of the costs allowed by this
Agreement.
5 FRD (Rev. 10/18/2024)
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XXI. CANCELLATION
This Agreement may be canceled by the DEPARTMENT, upon 30 days written notice, due to Executive Order, budgetary
reduction, other lack of funding, upon request by the GRANTEE, or upon mutual Agreement by the DEPARTMENT and
GRANTEE. The DEPARTMENT may honor requests for just and equitable compensation to the GRANTEE for all satisfactory
and eligible work completed under this Agreement up until 30 days after written notice, upon which time all outstanding reports
and documents are due to the DEPARTMENT and the DEPARTMENT will no longer be liable to pay the GRANTEE for any
further charges to the grant.
XXII. TERMINATION
This Agreement may be terminated by the DEPARTMENT as follows:
1. Upon 30 days written notice to the GRANTEE:
a. If the GRANTEE fails to comply with the terms and conditions of the Agreement, or with the requirements
of the authorizing legislation, or the rules promulgated thereunder, or other applicable law or rules.
b. If the GRANTEE knowingly and willingly presents false information to the DEPARTMENT for the purpose
of obtaining this Agreement or any payment under this Agreement.
c. If the DEPARTMENT finds that the GRANTEE, or any of the GRANTEE’s agents or representatives,
offered or gave gratuities, favors, or gifts of monetary value to any official, employee, or agent of the State
in an attempt to secure a subcontract or favorable treatment in awarding, amending, or making any
determinations related to the performance of this Agreement.
d. If the GRANTEE or any subcontractor, manufacturer, or supplier of the GRANTEE appears in the register
of persons engaging in unfair labor practices that is compiled by the Michigan Department of Licensing
and Regulatory Affairs or its successor.
e. During the 30-day written notice period, the DEPARTMENT shall withhold payment for any findings under
subparagraphs a through d, above and the GRANTEE will immediately cease charging to the grant and
stop earning match for the project.
2. Immediately and without further liability to the DEPARTMENT if the GRANTEE, or any agent of the GRANTEE,
or any agent of any subcontract is:
a. Convicted of a criminal offense incident to the application for or performance of a State, public, or private
contract or subcontract;
b. Convicted of a criminal offense, including but not limited to any of the following: embezzlement, theft,
forgery, bribery, falsification or destruction of records, receiving stolen property, or attempting to influence
a public employee to breach the ethical conduct standards for State of Michigan employees;
c. Convicted under state or federal antitrust statutes;
d. Convicted of any other criminal offense that, in the sole discretion of the DEPARTMENT, reflects on the
GRANTEE’s business integrity; or
e. Added to the federal or state Suspension and Debarment list.
If a grant is terminated, the DEPARTMENT reserves the right to require the GRANTEE to repay all or a portion of funds
received under this Agreement.
Failure of the GRANTEE to comply with any of the provisions of this Agreement shall constitute a material breach of this
Agreement. Upon breach of the Agreement by the GRANTEE, the DEPARTMENT, in addition to any other remedy provided
by law, may:
a. Terminate this Agreement; and/or
b. Withhold and/or cancel future payments to the GRANTEE under this Agreement or any other grant
projects administered by DEPARTMENT until the violation is resolved to the satisfaction of the
DEPARTMENT; and/or
c. Withhold action on all pending and future grant applications submitted by the GRANTEE and/or
d. Require repayment of grant funds paid to GRANTEE; and/or
f. Require specific performance of the Agreement.
XXIII. RELATIONSHIP
The GRANTEE is considered a sub-recipient in this grant agreement. The GRANTEE is to use the Federal funds to carry
out the program purpose of this Federal award. During the term of this grant the GRANTEE must adhere to all applicable
Federal program requirements that are listed in the award, that is included in APPENDIX B.
6 FRD (Rev. 10/18/2024)
Page 42 of 377
XXIV. INDIRECT RATE
The approved indirect cost rate at the time of execution is 10.00%
The GRANTEE does not have an established federally negotiated rate for Indirect charges. Therefore, the GRANTEE has
elected to charge the de minimis rate of 10.00% of total direct costs (MTDC) which will be used indefinitely. The MTDC
includes direct salaries and wages, applicable fringe benefits, materials, supplies, services, travel and up to the first
$25,000 of each subaward.
OR
XXIV. INDIRECT RATE
The approved indirect cost rate at the time of execution is RATE% as shown in the NICRA provided by the GRANTEE.
As new NICRAs are agreed to between the GRANTEE and their cognizant audit agency, the revised provisional or final
rate(s) are automatically incorporated into this award, as appropriate, and must specify (1) the agreed upon rates, (2) the
bases to which the rates apply, (3) the fiscal year for which the rates apply, and (4) the items treated as direct costs. The
award obligation will not increase as a result of indirect cost rate increases. Updates to NICRAs will not affect the total
funds available for this award unless documented in a formally executed modification.
If the NICRA is for a provisional rate, THE GRANTEE shall be reimbursed at the established provisional rate(s), subject to
appropriate adjustment when the final rate(s) for the fiscal year are established.
7 FRD (Rev. 10/18/2024)
Page 43 of 377
UIRA25-19 West Michigan Shoreline Regional Development Commission (City of Muskegon)
(Deliverables and Budget Detail)
Grant Deliverables to be Completed:
Work with the City of Muskegon to:
• Inventory approximately 22,000 street trees (provide a copy of inventory data to DNR)
• Develop a management plan based on street tree inventory (provide copy of plan to DNR)
• Plant 30 trees
• Remove 15 trees
• Train 5 Muskegon Community College students
• Train 10 Muskegon high school students
GRANT FUNDS AWARDED
BUDGET CATEGORIES
(Reimbursable)
SALARIES (Program Staff) $6,098.00
FRINGES (Program Staff) $2,936.00
SALARIES (Administrative Staff) $5,067.00
SALARIES (Administrative Staff) $2,440.00
TRAVEL $100.00
SUPPLIES $3,398.00
CONTRACTUAL & CONSULTING $198,500.00
INDIRECT COSTS $6,461.00
OTHER
TOTAL: $ 225,000.00
SPECIAL CONDITIONS OF GRANT:
The grant expiration date is September 1, 2026. Final reimbursement request and reports are due by September 30, 2026.
Grant funds to be used towards reimbursement of eligible expenses associated with the a state unit of government project. Copies of paid
invoices and receipts or time records and submission of all project deliverables (e.g. data, reports and photos) are required for
reimbursement.
8 FRD (Rev. 10/18/2024)
Page 44 of 377
APPENDIX A
Michigan Department of Natural Resources – Forest Resources Division
IRA URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
2024 GRANT APPLICATION
Grant program is funded by the USDA Forest Service Inflation Reduction Act Urban & Community Forestry
Program – Federal Assistance Listing 10.727.
Grant Program Overview
The Michigan Department of Natural Resources (DNR) Urban and Community Forestry Inflation Reduction Act
(UCF IRA) Grant Program is made possible through IRA funding provided by the USDA Forest Service’s Urban
and Community Forestry Program (FAL 10.727). The Federal Inflation Reduction Act of 2022 provided $1.5
billion to the USDA Forest Service’s Urban and Community Forestry Program to support initiatives that:
• provide increased and equitable access to urban tree canopy and its associated human health,
environmental and economic benefits in disadvantaged communities.
• broaden community engagement in local urban forest planning, tree planting, and management
activities.
• improve community and urban forest resilience to climate change, extreme heat, forest pests and
diseases and storm events through best management and maintenance practices.
The purpose of the Michigan UCF IRA Grant program is to achieve the USDA Forest Service’s IRA
program priorities, listed above, and support the strategies of the Michigan Forest Action Plan by providing
competitive grants for urban forestry projects that prioritize implementation based on environmental justice and
equity issues in disadvantaged (underserved) 1 communities.
Tips for Applying
• Read the Michigan DNR IRA Grant Handbook thoroughly before starting application.
• Ensure the organization and project are eligible for funding. Projects must be urban forestry related and
occur in, serve, or directly benefit disadvantaged areas in Michigan.
• Read the entire application before completing to understand the information asked for each question.
• Include clear comments in the budget detail to justify funding request.
• Provide copies of quotes and estimates for items that will be purchased and/or contractors/consultants
that will be assisting with implementation.
• Before submitting:
o Proofread
o Check that all application sections and fields are complete and accurate.
o Double check budget for accuracy
o Ensure that all necessary attachments are included with grant application in submittal.
• APPLICATION DEADLINE: August 31, 2024
o Email completed application and applicable attachments to GrayK12@michigan.gov.
o If you are unable to submit the application form electronically, please contact Kerry Gray at
GrayK12@michigan.gov no later than 1 week before the application due date for an alternative
method of submission.
Contact. For questions or assistance with project development contact Kerry Gray, IRA Grant Specialist by
email at GrayK12@michigan.gov or phone at 734-691-1806.
APPLICATION DEADLINE: August 31, 2024
Email completed application and applicable supplemental information to:
GrayK12@michigan.gov
1
The term disadvantaged communities is used by the Federal Government to describe communities that “have been historically marginalized and
overburdened by pollution and underinvestment in housing, transportation, water and wastewater infrastructure, and health care.” Executive Order
14008 of January 27, 2021.
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SECTION 1 - APPLICANT INFORMATION
1.1 Applicant Name (Community or Organization)
West Michigan Shoreline Regional Development Commission (WMSRDC)
1.2 Type of Organization (select one):
Local Unit of Government (city, town, village, county) Federally Recognized Tribal Government State Agency
501(c)(3) Non-Profit Organization Educational Institution
1.3 Contact Person and Title (Primary Project Contact)
Fallon Chabala, Environmental Program Manager
1.4 Contact Information
Address (including city, state, and zip code) County
316 Morris Ave, Suite 340, Muskegon, MI 49440 Muskegon
Email Telephone (including area code)
fchabala@wmsrdc.org 231-722-7878 x 130
1.5 Authorized Representative Name and Title (if different than contact person)
Erin Kuhn, Executive Director
1.6 Authorized Representative Contact Information (if different than contact person)
Address (including city, state, and zip code) County
316 Morris Ave, Suite 340, Muskegon, MI 49440 Muskegon
Email Telephone (including area code)
ekuhn@wmsrdc.org 231-722-7878 x 180
1.7 SIGMA Vendor Number (if known*)
CV0022933
*Will be required if awarded a grant. It is recommended that applicants submit a request for a SIGMA Vendor Number during the grant
application process. Sigma Vendor Self Service (VSS). For assistance contact (888)734-9749 or email:
SIGMA-Vendor@Michigan.gov.
1.8 Federal Unique Entity Identifier Number (if known*)
Q9MEGMX4C584
*Number is required if awarded a grant. It is recommended that applicants submit a request for a Unique Entity Identifier Number
(https://sam.gov) during the grant application process.
SECTION 2 – PROJECT OVERVIEW
2.1 Project title and brief description of project (Max 600 characters).
City of Muskegon Urban Tree Management
The West Michigan Shoreline Regional Development Commission (WMSRDC) will partner with the City of Muskegon to provide a
phased approach to urban forestry. With consideration to input provided by under-served community members, WMSRDC will
competitively select a forestry consultant to conduct a detailed tree inventory and develop a tree management plan that will inform
tree removal and plantings and provide a long-term management plan, leading to restored tree canopy resilience with healthy and
biodiverse trees.
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2.2 Will the proposed project occur in, serve, or directly benefit disadvantaged areas of your community identified in the
Michigan UCF IRA Screening Tool? Yes No
If yes, please use the Michigan UCF IRA Screening Tool to identify and provide the Census Tract Number(s) of the disadvantaged
area(s) where activities will occur. (A screenshot of the area(s) highlighted in the Michigan UCF IRA Screening tool may also be
provided, in addition to the numbers here, as an attachment to the application):
The project will take place in the City of Muskegon, which encompasses the following census tracts: 26121000900, 26121002100, 26121000800,
26121000601, 26121004200, 26121000500, 26121000300, 26121000100, 26121000401, 26121001902, and 26121000402.
2.3 Project Category (select all that apply):
Activities in these categories may be community-wide but must be paired with an implementation activity in a disadvantaged
area of the community based on the results of the data, assessment, plan and/or program.
Assessment and Data Planning and Management
Activities in these categories must occur in, serve, or directly benefit disadvantaged areas of the community.
Tree Planting and Establishment Tree Maintenance and Care
Training and Workforce Development Outreach and Education
2.4 How many people do you anticipate will benefit as a result of this project (for example: a street tree planting could benefit
all the residents in a neighborhood)? ______________________________
38,320
How did you determine the estimated number of people that will benefit from this project?
The first on the ground activity within the scope of this project will be an tree inventory for the entire City of Muskegon. Although the
nighboring community members and tourist who recreate in Muskegon will also benefit from this project, the poplution for City of
Muskegon is 38,320 according to the 2020 census.
2.5 Grant Funds Requested (Grant minimum: $10,000 / Grant Maximum: $225,000) $ 225,000
2.6 . Has your organization received a Michigan Department of Natural Resources Community Forestry Grant, Urban and
Community Forestry Inflation Reduction Act Grant and/or a USDA Forest Service Urban and Community Forestry Inflation
Reduction Act grant or pass through grant in the last 3 years?
Yes ■ No Don’t know
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SECTION 3 – PROJECT DESCRIPTION
3.1. Describe the project purpose and need. List specific activities that will be implemented and how they will benefit
disadvantaged areas. (Max 3000 characters).
The project should achieve one or more of the USDA Forest Service’s IRA program priorities to:
• increase, enhance, and improve access to tree canopy and its benefits.
• improve the resilience and sustainability of the urban and community forest.
• support the active participation of the community in urban forestry planning, planting, and care and support strategies of the
Michigan Forest Action Plan.
For tree planting projects complete the table in question 3.1.A and see the Guidelines for Tree Planting Projects in the UCF IRA
Grant Handbook for required information.
As detailed in the Michigan Forest Action Plan, the Cooperative Forestry Assistance Act of 1978 set the national priorities for state
and private forestry programs. A phased approach to urban forestry addressed the third priority of enhancing public benefits from
trees and forests. Specifically, to protect and enhance water quality, improve air quality, maintain and enhance economic benefits and
values of trees, connect people to trees and engage them in environmental stewardship activities, and manage trees to mitigate and
adapt to global climate change.
The City of Muskegon, an area identified as disadvantaged under the Michigan UCF IRA Screening Tool, has taken advantage of the
numerous tree planting opportunities, as shown by the Tree City USA designation. However, the City has never had the funds to
address implementation of a phased approach to urban forestry.
Currently the community is reluctant to give input on new tree planting locations, as they understand the priority should be the
removal of trees threatening public safety. A tree inventory conducted by an outside forestry consultant will provide the unbiased data
needed to determine the most dangerous trees in need of removal. A corresponding tree management plan will then categorize the
most dangerous trees, and those in the most underserved neighborhoods will be prioritized. The tree management plan will also
include locations for plantings of new trees at a rate of two trees planted for every one tree removed. Approximately 15 trees will be
removed, and 30 trees will be planted under the life of this funding. 23 of these trees will be planted on Muskegon Public School
(MPS) campus. The remaining trees funded under this project will be planted within the neighborhood of the tree removals via
community input. If additional tree planting locations are needed, open sites in underserved communities that would greatly benefit
from the shade and noise pollution reduction will be prioritized.
In efforts to engage the community in urban forestry planning, WMSRDC will attend neighborhood association meetings pre and post
inventory efforts to update, educate, and provide feedback opportunities. To further engage the youth within the community,
Muskegon Community College Forestry Program students will be given the opportunity to job shadow during all phases of the project,
and MPS highschoolers will assist in the tree plantings located on MPS campus.
After the project end date, the City of Muskegon will assume the responsibilities described in the long-term maintenance plan,
including the continuation of dangerous tree removal and new tree plantings, administering updates to the tree inventory data, and
consistent health monitoring of all trees within the city’s jurisdiction. Advancing the efforts to restore the city’s tree canopy resilience
with healthy and biodiverse trees.
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3.1.A Required Tree Planting Information
30
Total Number of Trees to be Planted
Tree Size (caliper in inches, container size in gallon/pot size, or 10 gallon - 25 gallon containers depending on avaliblity and
tree height in feet) species
Container
Tree Planting Stock Type (balled & burlap, container, bare root)
2 Kentucky Coffee Tree; 3 Tuliptree; 1 Sugar Maple; 2 Red
Maple; 3 Plum; 5 White Pine; 4 Norway Spruce; 4 Dogwood; 2
Crabapple; 2 Redbud; 1 American Linden; 1 Serviceberry
Proposed Tree Species and Quantity of each
Public Property
Private Property (permission required)*
Tree planting will occur on:
Both
*See sample agreement in UCF IRA Grant Handbook
School grounds of Muskegon Public Highschool and the road
Location of tree plantings (ex: right-of-way, park, school grounds right-of-way in underserved communites.
or attach a site map).
3.2 List up to five measurable project outcomes (for example: plant 200 trees; inventory 40,000 street trees; train 20 volunteer
foresters).
Outcome 1:
Inventory of all street trees within the City of Muskegon, approximately 22,000 trees.
Outcome 2:
Develop a tree management plan, which will be updated and finlized as a long-term management plan.
Outcome 3:
Removal of 15 dangerous trees.
Outcome 4:
Plant 30 trees.
Outcome 5:
Train 5 Muskegon Community College students in the forestry program and 10 Muskegon Public School highschoolers.
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3.3 Describe the organization’s capacity to complete the project. List the key personnel, including stakeholders, project
partners* and potential contractors/consultants, that will be involved in the project and their roles and responsibilities
(including personnel who have technical urban forestry knowledge, grant/project management experience, etc.). For
example:
Name: Sally Smith
Organization: City of Tree
Title/Role: City Urban Forester
Project Responsibilities: Will oversee tree inventory and management plan consultant; conduct public engagement and
outreach; and oversee implementation of tree planting using the results of the tree inventory and management plan.
Experience/Expertise: Urban forestry and arboriculture technical knowledge; community engagement leading city’s
volunteer urban forester program; managed the city’s 2020 DNR urban and community forestry grant.
*A brief letter of commitment/permission from any listed project partner (excluding contractors/consultants not under contract) must be
included with the grant application. Examples of situations where a letter of commitment/permission is needed: (1) Granting
permission to conduct tree planting on public property not owned by the grantee; (2) School district providing educational assistance to
implement the project.
Name: Erin Kuhn
Organization: WMSRDC
Title: Executive Director
Project Responsibilities: Erin will provide overall project oversight to ensure compliance with all grant terms and conditions, ensure
proper communications with project partners and stakeholder, and review and approval of any contracts, amendments, invoice
payment requests, and grant reports.
Experience: Erin has been with the agency for more than 20 years working in the economic development and local government
services programs prior to becoming the executive director in 2014.
Name: Amanda Snyder
Organization: WMSRDC
Title: Finance Manager
Project Responsibilities: Amanda will provide financial reporting, contract and work plan budget support, invoice payments, and
overall financial management and oversight.
Experience: Amanda has a master’s degree in Professional Accounting with twelve years of experience in financial grants
management and state and federal grant reporting. Amanda joined WMSRDC joined the Commission in 2019 after working nearly a
decade as an industry accountant specializing in non-profit accounting.
Name: Fallon Chabala
Organization: WMSRDC
Title: Environmental Program Manager
Project Responsibilities: Fallon is responsible for management of the WMSRDC environmental program, which includes overall
project management, review of inventories, management plans, maintenance, plantings, master plans, public outreach activities,
review of invoices and status reports, and grant reporting.
Experience: Fallon has nine years of experience in natural resource grant project management, plan writing, community involvement,
and grant reporting.
Name: David Bailey
Organization:City of Muskegon
Title: Parks Maintenance Worker
Project Responsibilites: David will provide guidance and expertise in planning, tree removal, tree plantings, and maintenance.
Additionally, David will be responsible for the management and long-term stewardship of all trees on City of Muskegon property as
outlined in the three-year maintenance plan.
Experience: David has 20 years of horticulture management experience. David is an International Society of Arboriculiture Certified
Arborist (#IL-5376A).
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3.4 Describe the strategies and activities that have been or will be used to engage, empower and involve local community
members in decision making and implementation of the grant project. (Max 2000 characters)
In 2023, WMSRDC engaged a subset of Muskegon neighborhoods for their input on tree planting locations. During these meetings it
quickly became apparent that the true need from these underserved communities is the removal of trees threatening public safety.
With this knowledge, WMSRDC and the City of Muskegon have set out to implement a phased approach to urban forestry.
Muskegon has a great history in taking advantage of funding to implement tree planting, as shown by the Tree City USA designation.
However, the city has never had the funds to complete a tree inventory. Currently, trees are removed in response to citizen call-ins.
However, due to governmental distrust, low-income communities are less likely to report tree removal needs. A tree inventory
conducted by an outside forestry consultant will provide the unbiased data needed to determine the most dangerous trees in need of
removal. The corresponding tree management plan will categorize the most dangerous trees, and those in the most underserved
neighborhoods to be prioritized.
To continue transparent communication and empowerment in the decision-making process, WMSRDC will attend neighborhood
association meetings within each jurisdiction prior to the inventory. The meetings will inform the communities on what to expect from
the survey crews in their neighborhoods and affirm that their request from 2023 were heard. Then, following the inventory, WMSRDC
will re-attend the association meetings to share the results, gauge approval for the proposed tree removal and planting plans, and
request additional community input.
To further engage the youth within the community, Muskegon Community College Forestry Program students will be given the
opportunity to job shadow the forestry consultant, the city’s arborist, and WMSRDC staff during all phases of the project. Additionally,
Muskegon Public Schools has provided written permission for trees to be planted on their property with the help of their
highschoolers.
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3.5 Outline the key activities and milestones of the project, including grant reporting dates. (Use the space below as needed).
Start Month and Year End Month and Year Key Activities and Milestones
October 2024 November 2024 Project announced and contracts signed with Michigan DNR
November 2024 December 2024 Sign subcontract with City of Muskegon
November 2024 December 2024 Competitively select a forestry consultant
December 2024 February 2025 Develop a QAPP for approval
January 2025 March 2025 Pre-intentory meetings with neighborhood associations
March 2025 April 2025 Develop and submit semi-annual progress report
April 2025 October 2025 Conduct a tree inventory for the City of Muskegon
August 2025 October 2025 Develop a tree management plan
September 2025 October 2025 Develop and submit semi-annual progress report
November 2025 March 2026 Post-inventory meetings with neighborhood associations
November 2025 March 2026 Dangerous tree removal
March 2026 April 2026 Develop and submit semi-annual progress report
April 2026 June 2026 Tree plantings
June 2026 August 2026 Finalization of long-term management plan
September 2026 September 2026 Complete any outstanding tree maintenance and plantings
November 2024 September 2026 Hold partner and stakeholder meetings as necessary
November 2024 September 2026 Share project updates and tree education
November 2024 September 2026 Gather photo documentation
September 2026 September 2026 Grant close out and final report
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SECTION 4 - BUDGET
4.1 Complete the budget table and provide a detailed explanation of the amount requested. Attach quotes and estimates
received that were used to determine project costs. No match is required for IRA grant funded projects. Review the UCF IRA
Grant Handbook for descriptions of each grant category and a sample budget.
Project Title: Project Category(-ies):
City of Muskegon Urban Tree Management Assessment, Planning, Planting, Maintenance, and Outreach.
Expenditure Category Grant Funds Requested (Dollars) Budget Detail
SALARY Fallon Chabala: 205 hours @ $29.74/hour
PROGRAM STAFF $6,097.57
FRINGE 48.15% fringe rate of salary cost base
$2,935.98
PROGRAM STAFF
SALARY See attached Forestry Grant Budget Detail
$5,067.55
ADMINISTRATIVE STAFF spreadsheet
FRINGE 48.15% fringe rate of salary cost base
ADMINISTRATIVE STAFF $2,440.03
150 miles @ $0.67/mile
TRAVEL $100.00
See attached Forestry Grant Budget Detail
SUPPLIES $3,397.92 spreadsheet
CONTRACTUAL & See attached Forestry Grant Budget Detail
$186,500.00
CONSULTING spreadsheet
39.06% indirect rate per NICRA (salary + fringe
INDIRECT COSTS* $6,460.96 cost base)
Tree inventory software, support (2 years), and
OTHER $12,000.00 training (1 year): $12,000
TOTAL $225,000.00
*Indirect costs.
• If the applicant has an approved overhead/indirect rate from a cognizant federal agency, Negotiated Indirect Cost Rate
Agreement or NICRA, that rate may be used, with proof of certification, as an eligible grant expense on salaries, fringes,
supplies, travel and contracts. Expenses in the “Other” category may not be used in the indirect calculation.
• If the applicant does not have an approved NICRA, the 10% de minimis rate indirect cost modified total direct cost basis
(MTDC) can be requested as an eligible grant expense on salaries, fringes, supplies, travel, and service contracts. Expenses
in the “Other” category may not be used in the indirect calculation.
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SECTION 5 – PROJECT/PROGRAM SUSTAINABILITY
5.1. Beyond the grant period, how will the proposed project/program continue to contribute to the overall Michigan UCF IRA
Grant program goals (see description in Program Overview on page 1)? (Max 2000 characters)
The project team understands that the tree inventory and associated management plan will outline the need for rates of tree removal
and plantings above and beyond the funds of this project. To improve upon the benefits of urban forest management activities in the
disadvantaged neighborhoods after grant completion, WMSRDC will continue to work with the City of Muskegon to seek additional
funding opportunities to supplement the city’s annual urban canopy budget.
Under their annual budget, the City of Muskegon will assume the responsibilities described in the long-term maintenance plan,
including the continuation of dangerous tree removal and new tree plantings, administering updates to the tree inventory data, and
consistent health monitoring of all trees within the city’s jurisdiction and those planted on Muskegon Public School property. These
sustaining efforts will restore the city’s tree canopy resilience with healthy and biodiverse trees.
Additionally, all trees planted by the City of Muskegon are chosen with neighborhood input and consideration to future climate change
projections. For example, a more southern stock that is more adaptable to possible warmer conditions but is also hearty enough to
sustain winter and other extreme weather conditions.
Via social media, newsletters, and press releases, WMSRDC and the City of Muskegon will provide project updates and education on
the benefits urban trees provide to human mental and physical health, environmental health, and the economy through increased
workforce development opportunities and green jobs. Efforts will also describe how biodiversity in an urban tree canopy can mitigate
the impacts of climate change, invasive species, and extreme weather events. Educational and outreach activities will proceed past
the completion of this grant and will continue to include information on how to engage in urban forestry decisions and contact
information for both WMSRDC and the City.
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5.2 Describe how the project team will ensure sustainability of the project/program beyond the grant period. Review the
specific questions for each grant category below and incorporate, as appropriate, in response. (Max 2000 characters)
Assessment and Data: How will the data be maintained and updated to ensure it stays current?
Planning and Management: How will funding be sustained to support implementation of the plan and/or urban forest management
activities after grant completion?
Tree Planting and Establishment: What strategies are or will be put into place to ensure that the DNR’s Tree Maintenance
Guidelines (IC4108-1) or similar industry standard guidelines are followed to ensure the long-term survival of newly planted trees?
Tree Maintenance and Care. How will funding be sustained to support the continued proactive maintenance and care of the
community’s public trees?
Training and Workforce Development. What partnerships or collaborations are in place or can be developed to support the
continuation of the training and/or workforce development program?
Outreach and Education. How will community members continue to be engaged and empowered to participate in decision-making
and implementation of tree and urban forestry related activities?
Assessment and Data: The City of Muskegon will update the inventory data throughout the year as maintenance activities occur. Said
data and long-term management plan will be shared on the City’s website.
Planning and Management: The project team understands that the tree inventory and associated management plan will outline the
need for rates of tree removal and plantings above and beyond the funds of this project. To sustain urban forest management
activities after grant completion, WMSRDC will continue to work with the City of Muskegon to seek additional funding opportunities to
supplement the city’s annual urban canopy budget.
Tree Planting and Establishment: The City’s arborist follows the 3-year maintenance activities outlined in the DNR’s Tree
Maintenance Guidelines for all trees planted by the City of Muskegon. This includes the trees that will be planted on Muskegon Public
School property.
Tree Maintenance and Care: The City has an annual budget for the maintenance, care, and when needed, removal of the
community’s public trees.
Training and Workforce Development: The opportunity for Muskegon Community College Forestry Program students to participate in
tree planting and maintenance and shadow the City’s arborist will continue beyond the life of this project funding.
Outreach and Education: Via social media, newsletters, and press releases, WMSRDC and the City of Muskegon will provide project
updates and education on the benefits urban trees provide to human mental and physical health, environmental health, and the
economy through increased workforce development opportunities and green jobs. Efforts will also describe how biodiversity in an
urban tree canopy can mitigate the impacts of climate change, invasive species, and extreme weather events. Outreach will proceed
past the completion of this grant and will always include information on how to engage in urban forestry decisions and contact
information for both WMSRDC and the City.
SECTION 6 – AUTHORIZATION/SIGNATURE
If you are not the landowner where the project will occur, do you have landowner written permission (if applicable)?
Yes, provide copy No (copy is required prior to beginning) N/A
Non-Profit Organizations: Have you attached a copy of the IRS determination indicating non-profit status? Yes No
Is your organization currently debarred or suspended from participating in Federal Assistance Programs? Yes No
As designated representative of Applicant, I hereby agree to implement this project according to the application and abide by
the provisions of the UCF IRA Grant Program, including compliance with all applicable federal and state laws and regulations.
Applicant’s Designated Representative (Please Type/Print) Signature Date
Erin Kuhn 08/28/2024
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Expenses Requested Grant Funds Matching Grant Funds
Program Personnel 6,097.57 -
Program Fringe 2,935.98 -
Admin Personnel 5,067.55 -
Admin Fringe 2,440.03 -
Overhead 6,460.96 -
Travel 100.00 -
Equipment - -
Supplies 3,397.92 700.00
Contractual Services 186,500.00 -
Other 12,000.00 -
TOTAL 225,000.00 700.00
225,000.00
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Budget Detail
See Personnel Detail Tab
48.15% fringe rate (salary cost base)
See Personnel Detail Tab
48.15% fringe rate (salary cost base)
39.06% indirect rate per NICRA (salary + fringe cost base)
150 miles@ 67 cents/mile
none
Trees: $3,051.04
T-posts: $210.00
Mulch: $46.88
Tree straps: $90.00
Water bags: $700.00 (matching funds)
Forestry contractor for inventory and maintenance plan: $142,000
City of Muskegon Labor/Equipment for Removal & Planting: $43,500
Tree Delivery: $1,000
Tree inventory software, support (2 years), and training (1 year): $12,000
max
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Employee Hourly Rate Hours Amount Description
Erin Kuhn 54.28 15 814.18 Executive Director - Admin
Fallon Chabala 29.74 205 6,097.57 Environmental Program Manager - Program
Syndi Copeland 27.42 50 1,371.00 Office Manager - Admin
Amanda Snyder 44.34 65 2,882.38 Finance Manager - Admin
11,165.12 Personnel
5,376.00 Fringe
16,541.12 Personnel/Fringe Total
6,460.96 Indirect
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48.15% FY24 provisional fringe rate
39.06% FY24 provisional indirect rate
Page 59 of 377
Per Cost Table Grant Narrative
Cost Item Specs
City of Muskegon labor/equipment - removal cost
2,500.00 per tree 15.00 Trees Removed
City of Muskegon labor/equipment - planting cost
200.00 per tree 30.00 Trees Planted
100.00 average tree cost
25.00 cost per water bag per tree planted
7.00 cost per t-post per tree planted
6.25 cost of mulch per tree planted
1.50 cost of 2 tree straps per tree planted
3,179.50 total cost per 1 tree removed, 2 trees planted
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Grant Costs
Quantity Costs
15.00 37,500.00 labor for removal
30.00 6,000.00 labor for planting
30.00 3,051.04 trees
- - water bags
30.00 210.00 t-posts
7.50 46.88 mulch
60.00 90.00 tree straps
1,000.00 delivery
47,897.92 total
47,897.92 budget
0.00 diff over/(under)
Match Costs
Quantity Costs
30.00 750.00 water bags provided by WMSRDC
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City of Muskegon
Urban Tree Management
Muskegon City of
Lake Muskegon
LA
KE
MI
CH
IGA
N
¯
Muskegon
County
0 0.5 1 1.5 2
Miles
Page 62 of 377
CITY MANAGER'S OFFICE
August 22, 2024
Ms. Erin Kuhn, Executive Director
West Michigan Shoreline Regional Development Commission
316 Morris Avenue, Suite 340
Muskegon, Ml 49440
Dear Ms. Kuhn,
Thank you for the opportunity to share our support for the West Michigan Shoreline Regional
Development Commission’s (WMSRDC) application for the Michigan Department of Natural
Resources’ Urban and Community Forestry Inflation Reduction Act Grant Program, City of
Muskegon Urban Tree Management.
Muskegon is the largest city on the eastern shore of Lake Michigan and is known for our valuable
oaks and other mature trees stemming from the City’s long history with forestry and the lumber
industry. Muskegon has been a Tree City for more than 20 years and has four staff members
dedicated to full-time tree maintenance and planting.
The City of Muskegon fully supports the phased approach to urban forestry with consideration to
input provided by under-served community members. A detailed tree inventory and tree
management plan that will inform tree removal and plantings and provide a long-term
management plan, leading to restored tree canopy resilience with healthy and biodiverse trees.
Following the life of this grant, the City of Muskegon will assume the responsibilities described in the
long-term maintenance plan, including the continuation of dangerous tree removal and new tree
plantings, administering updates to the tree inventory data, and consistent health monitoring of all
trees within the city’s jurisdiction and those planted on Muskegon Public School property.
WMSRDC has a long history of restoration and community engagement including large-scale urban
forestry efforts across West Michigan. We trust WMSRDC’s longstanding reputation of
implementing quality solutions to multifaceted problems and appreciate your full consideration of
WMSRDC’s 2024 application.
Sincerely,
Jonathan C Seyferth, ICMA-CM
City Manager
231 .724 .6 7 24 | 933 Terrace St, Muskegon, MI 49440-1397 | www.shorelinecity.com
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August 28, 2024
Ms. Erin Kuhn, Executive Director
West Michigan Shoreline Regional Development Commission
316 Morris Avenue, Suite 340
Muskegon, Ml 49440
Dear Ms. Kuhn,
Thank you for the opportunity to share our support for the West Michigan Shoreline
Regional Development Commission’s (WMSRDC) application for the Michigan
Department of Natural Resources’ (MDNR) Urban and Community Forestry Inflation
Reduction Act Grant Program, City of Muskegon Urban Tree Management.
Muskegon Public Schools (MPS) fully supports the phased approach to urban forestry
with consideration to input provided by under-served community members. A detailed
tree inventory and tree management plan that will inform tree removal and plantings
and provide a long-term management plan, leading to restored tree canopy resilience
with healthy and biodiverse trees.
Muskegon Public Schools grants to the City of Muskegon, WMSRDC, and Muskegon
Community College students’ permission to enter 1458 5th St, Muskegon, MI 49441 for
the purpose of planting trees with MPS highschoolers and in connection with the
MDNR’s Urban and Community Forestry Inflation Reduction Act Grant program.
Purchase and planting of the trees shall be at no cost to MPS. MPS grants the City of
Muskegon further access to the property to properly establish the trees planted through
necessary watering, mulching, and pruning for three years from the date of planting in
accordance with the attached Michigan Department of Natural Resources Tree
Maintenance Guidelines for Newly Planted Trees (IC-4108-1).
MPS agrees and acknowledges that any trees planted under Urban and Community
Forestry Inflation Reduction Act Grant program funding shall be the property of MPS and
MPS shall be responsible for all costs related to tree maintenance and care, past the
three-year care provided by the City of Muskegon, including removal, when it becomes
necessary.
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The species and location of trees to be planted shall be mutually agreed upon by the
MSP and the City of Muskegon before planting.
WMSRDC and the City of Muskegon have a long history of restoration and community
engagement including large-scale urban forestry efforts. We trust their longstanding
reputation for implementing quality solutions to multifaceted problems and appreciate
your full consideration of WMSRDC’s 2024 application.
Sincerely,
Matthew T. Cortez
Superintendent
Page 65 of 377
August 22, 2024
Ms. Erin Kuhn, Executive Director
West Michigan Shoreline Regional Development Commission
316 Morris Avenue, Suite 340
Muskegon, Ml 49440
Dear Ms. Kuhn,
Thank you for the opportunity to share our support for the West Michigan
Shoreline Regional Development Commission’s (WMSRDC) application for the
Michigan Department of Natural Resources’ Urban and Community Forestry
Inflation Reduction Act Grant Program, City of Muskegon Urban Tree
Management.
Michigan State University (MSU) and Muskegon Community College (MCC) have
partnered since 2016 in a consortium agreement where students are dual
enrolled to study Agriculture, Food, and Natural Resources, through the
Institute of Agricultural Technology (IAT). MSU IAT and MCC launched a new
program in 2019 allowing students to study Urban Forest Management.
Our students are elevating their education with the Urban Forest Management
College of program! A career readiness training program that provides students with the
Agriculture, and competency and technical skills necessary to sustainably manage complex
Natural Resources urban forest ecosystems. Students study tree identification, selection and
pruning, climbing, aerial work, tree health care and risk assessment, and crew
Institute of
management. In the midst of bustling cities, our program nurtures and
Agricultural
Technology manages the urban forest ecosystems, a vital component of urban landscapes.
With a focus on sustainability, you'll learn how to create and maintain thriving
Muskegon CC Campus green spaces right in the heart of your community.
221 S. Quarterline Rd,
Muskegon, MI 49442
MSU IAT at MCC fully supports the phased approach to urban forestry with
consideration to input provided by under-served community members. A
Program Coordinator
M. Bernia, M.A. detailed tree inventory and tree management plan that will inform tree
1313C Stevenson Center removal and plantings and provide a long-term management plan, leading to
restored tree canopy resilience with healthy and biodiverse trees.
231-777-0576
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MSU IAT at MCC is pleased to partner with WMSRDC and the City of Muskegon
to present students with the opportunity to participate in tree planting and
maintenance activities. As well as the opportunity to shadow the forestry
consultant, the city’s arborist, and WMSRDC staff during tree inventories, tree
management planning, community engagement, and tree removal and planting
activities.
WMSRDC and the City of Muskegon have a long history of restoration and
community engagement including large-scale urban forestry efforts. We trust
their longstanding reputation for implementing quality solutions to
multifaceted problems and appreciate your full consideration of WMSRDC’s
2024 application.
Thank you,
Yours in Agriculture,
Matthew S. Bernia, M.A.
Program Coordinator
Michigan State University
Institute of Agricultural Technology
Muskegon Community College
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DocuSign Envelope ID: 9A2A11BF-FC93-4DAB-98AA-73C0E7B2C6AB
United States Department of the Interior
OFFICE OF THE SECRETARY
Washington, DC 20240
State and Local Governments
Indirect Cost Negotiation Agreement
EIN: 38-1957127 Date: 11/20/2023
Organization: Report Number: 2024-0018
West Michigan Shoreline Regional Development Commission
316 Morris Avenue, Suite 340 Filing Ref.:
Muskegon, MI 49440 Last Negotiation Agreement
dated: 12/20/2022
The indirect cost rate contained herein is for use on grants, contracts, and other agreements with the Federal
Government to which 2 CFR Part 200 applies subject to the limitations in Section II.A. of this agreement. The rate
was negotiated by the U.S. Department of the Interior, Interior Business Center, and the subject organization in
accordance with the authority contained in applicable regulations.
Section I: Rate
Start Date End Date Rate Type Rate Details
Name Rate Base Location Applicable To
10/01/2021 09/30/2022 Final
Indirect 35.77 % (A) All All Programs
Name Rate Base Location Applicable To
10/01/2023 09/30/2024 Provisional
Indirect 39.06 % (A) All All Programs
(A) Base: Total direct salaries and wages, including fringe benefits. The rate applies to all programs administered
by the non-federal entity. To determine the amount of indirect costs to be billed under this agreement, direct salaries
and wages and related fringe benefits should be summed and multiplied by the rate. All other program costs should
be eliminated from the calculation.
Treatment of fringe benefits: Fringe benefits applicable to direct salaries and wages are treated as direct costs; fringe
benefits applicable to indirect salaries and wages are treated as indirect costs.
Treatment of paid absences: Vacation, holiday, sick leave, and other paid absences are included in salaries and
wages and are claimed on grants, contracts, and other agreements as part of the normal cost for the salaries and wages.
Separate claims for the costs of these paid absences are not made.
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DocuSign Envelope ID: 9A2A11BF-FC93-4DAB-98AA-73C0E7B2C6AB
Section II: General
A. Limitations: Use of the rate(s) contained in this agreement is subject to any applicable statutory limitations.
Acceptance of the rate(s) agreed to herein is predicated upon these conditions: (1) no costs other than those
incurred by the subject organization were included in its indirect cost rate proposal, (2) all such costs are the legal
obligations of the grantee/contractor, (3) similar types of costs have been accorded consistent treatment, and (4)
the same costs that have been treated as indirect costs have not been claimed as direct costs (for example, supplies
can be charged directly to a program or activity as long as these costs are not part of the supply costs included in
the indirect cost pool for central administration).
B. Audit: All costs (direct and indirect, federal and non-federal) are subject to audit. Adjustments to amounts
resulting from audit of the cost allocation plan or indirect cost rate proposal upon which the negotiation of this
agreement was based will be compensated for in a subsequent negotiation.
C. Changes: The rate(s) contained in this agreement are based on the accounting system in effect at the time the
proposal was submitted. Changes in the method of accounting for costs which affect the amount of reimbursement
resulting from use of the rate(s) in this agreement may require the prior approval of the cognizant agency. Failure
to obtain such approval may result in subsequent audit disallowance.
D. Rate Type:
1. Fixed Carryforward Rate: The fixed carryforward rate is based on an estimate of the costs that will be
incurred during the period for which the rate applies. When the actual costs for such period have been
determined, an adjustment will be made to the rate for a future period, if necessary, to compensate for the
difference between the costs used to establish the fixed rate and the actual costs.
2. Provisional/Final Rate: Within six (6) months after year end, a final indirect cost rate proposal must be
submitted based on actual costs. Billings and charges to contracts and grants must be adjusted if the final
rate varies from the provisional rate. If the final rate is greater than the provisional rate and there are no funds
available to cover the additional indirect costs, the organization may not recover all indirect costs.
Conversely, if the final rate is less than the provisional rate, the organization will be required to pay back the
difference to the funding agency.
3. Predetermined Rate: A predetermined rate is an indirect cost rate applicable to a specified current or future
period, usually the organization's fiscal year. The rate is based on an estimate of the costs to be incurred
during the period. A predetermined rate is not subject to adjustment.
E. Rate Extension: Only final and predetermined rates may be eligible for consideration of rate extensions.
Requests for rate extensions of a current rate will be reviewed on a case-by-case basis. If an extension is granted,
the non-Federal entity may not request a rate review until the extension period ends. In the last year of a rate
extension period, the non-Federal entity must submit a new rate proposal for the next fiscal period.
F. Agency Notification: Copies of this document may be provided to other federal offices as a means of notifying
them of the agreement contained herein.
G. Record Keeping: Organizations must maintain accounting records that demonstrate that each type of cost has
been treated consistently either as a direct cost or an indirect cost. Records pertaining to the costs of program
administration, such as salaries, travel, and related costs, should be kept on an annual basis.
H. Reimbursement Ceilings: Grantee/contractor program agreements providing for ceilings on indirect cost rates
or reimbursement amounts are subject to the ceilings stipulated in the contract or grant agreements. If the ceiling
rate is higher than the negotiated rate in Section I of this agreement, the negotiated rate will be used to determine
the maximum allowable indirect cost.
I. Use of Other Rates: If any federal programs are reimbursing indirect costs to this grantee/contractor by a
measure other than the approved rate(s) in this agreement, the grantee/contractor should credit such costs to the
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DocuSign Envelope ID: 9A2A11BF-FC93-4DAB-98AA-73C0E7B2C6AB
Section II: General (continued)
affected programs, and the approved rate(s) should be used to identify the maximum amount of indirect cost
allocable to these programs.
J. Central Service Costs: If the proposed central service cost allocation plan for the same period has not been
approved by that time, the indirect cost proposal may be prepared including an amount for central services that is
based on the latest federally-approved central service cost allocation plan. The difference between these central
service amounts and the amounts ultimately approved will be compensated for by an adjustment in a subsequent
period.
K. Other:
1. The purpose of an indirect cost rate is to facilitate the allocation and billing of indirect costs. Approval of
the indirect cost rate does not mean that an organization can recover more than the actual costs of a particular
program or activity.
2. Programs received or initiated by the organization subsequent to the negotiation of this agreement are subject
to the approved indirect cost rate(s) if the programs receive administrative support from the indirect cost
pool. It should be noted that this could result in an adjustment to a future rate.
3. Indirect cost proposals must be developed (and, when required, submitted) within six (6) months after the
close of the governmental unit’s fiscal year, unless an exception is approved by the cognizant agency for
indirect costs
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DocuSign Envelope ID: 9A2A11BF-FC93-4DAB-98AA-73C0E7B2C6AB
Section III: Acceptance
Listed below are the signatures of acceptance for this agreement:
By the State and Local Governments By the Cognizant Federal Government Agency
West Michigan Shoreline Regional Development
Commission US Department of Commerce - EDA
signature2 signature1
Signature Signature
Erin Kuhn Craig Wills
Name: Name:
Division Chief
Indirect Cost & Contract Audit Division
Executive Director Interior Business Center
Title: Title:
11/28/2023
signatureDate2 11/21/2023
signatureDate1
Date Date
Negotiated by: Stacy Frost
Telephone: (916) 930-3815
Next Proposal Due Date: 03/31/2024
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APPENDIX B
FEDERAL FINANCIAL ASSISTANCE
AWARD OF DOMESTIC GRANT 23-DG-11094200-340
Between The
DEPARTMENT OF NATURAL RESOURCES
And The
USDA, FOREST SERVICE
EASTERN REGION, STATE, PRIVATE, AND TRIBAL FORESTRY
Program Title: Michigan Inflation Reduction Act Urban and Community Forestry Program
Upon execution of this document, an award to Department of Natural Resources, hereinafter
referred to as “MI DNR,” in the amount of $7,500,000, is made under the authority of 16
USC 2105 and Public Law 117-169, Subtitle D, Section 23003(a). The Federal Assistance
Listing (formerly Catalog of Federal Domestic Assistance - CFDA) number and name are
10.727, Inflation Reduction Act Urban & Community Forestry Program. Department of
Natural Resources accepts this award for the purpose described in the application narrative.
Your application for Federal financial assistance, dated 5/31/23, and the attached Forest
Service provisions, ‘Forest Service Award Provisions,’ are incorporated into this letter and
made a part of this award.
This authority requires a match of This authority requires a 1:1 match, however match has
been waived under the provision of Public Law 117-169 (Inflation Reduction Act) and based
on assurance from the Cooperator that 100% of the work and funding will be directed to
disadvantaged communities., which your organization has agreed to provide as shown in the
attached application, financial plan and narrative.
This is an award of Federal financial assistance. Prime and sub-recipients to this award are
subject to the OMB guidance in subparts A through F of 2 CFR Part 200 as adopted and
supplemented by the USDA in 2 CFR Part 400. Adoption by USDA of the OMB guidance in 2
CFR 400 gives regulatory effect to the OMB guidance in 2 CFR 200 where full text may be
found.
Electronic copies of the CFRs can be obtained at the following internet site: www.ecfr.gov. If
you are unable to retrieve these regulations electronically, please contact your Grants and
Agreements Office at sm.fs.r9spfgrants@usda.gov.
The following administrative provisions apply to this award:
A. LEGAL AUTHORITY. MI DNR shall have the legal authority to enter into this award,
and the institutional, managerial, and financial capability to ensure proper planning,
management, and completion of the project, which includes funds sufficient to pay the
non-Federal share of project costs, when applicable.
B. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their
respective areas for matters related to this award.
Caring for the Land and Serving People Printed on Recycled Paper
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Award Number: 23-DG-11094200-340
Principal Cooperator Contacts:
Cooperator Program Contact Cooperator Administrative Contact
Name: Kevin Sayers Name: Erin Olszeski
Address: P.O. Box 30028 Address: 525 West Allegan St.
City, State, Zip: Lansing, MI 48909- City, State, Zip: Lansing, MI 48909-7952
7528 Telephone: 517-245-2586
Telephone: 517-241-4632 Email: olszeskie@michigan.gov
Email: sayersk@michigan.gov
Principal Forest Service Contacts:
Forest Service Program Manager Forest Service Administrative Contact
Contact
Name: Jill Johnson Name: Midori C. Raymore
Telephone: 651-649-5253 Telephone: 414-721-1346
Email: jill.johnson@usda.gov Email: midori.raymore@usda.gov
C. SYSTEM FOR AWARD MANAGEMENT REGISTRATION REQUIREMENT
(SAM). MI DNR shall maintain current information in the System for Award
Management (SAM) until receipt of final payment. This requires review and update to
the information at least annually after the initial registration, and more frequently if
required by changes in information or award term(s). Additional information about
registration procedures may be found at the SAM Internet site at www.sam.gov.
D. ADVANCE AND/OR REIMBURSEMENT PAYMENTS – FINANCIAL
ASSISTANCE. Advance and/or Reimbursement payments are approved under this
award. Only costs for those project activities approved in (1) the initial award, or (2)
modifications thereto, are allowable. Requests for payment must be submitted on
Standard Form 270 (SF-270), Request for Advance or Reimbursement, and must be
submitted no more than monthly. In order to approve a Request for Advance Payment
or Reimbursement, the Forest Service shall review such requests to ensure advances or
payments for reimbursement are in compliance and otherwise consistent with OMB,
USDA, and Forest Service regulations.
Advance payments must not exceed the minimum amount needed or no more than is
needed for a 30-day period, whichever is less. If the Recipient receives an advance
payment and subsequently requests an advance or reimbursement payment, then the
request must clearly demonstrate that the previously advanced funds have been fully
expended before the Forest Service can approve the request for payment. Any funds
advanced, but not spent, upon expiration of this award must be returned to the Forest
Service.
The Program Manager reserves the right to request additional information prior to
approving a payment. To expedite payment, please attach a list of expenses that match
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Award Number: 23-DG-11094200-340
the approved project budget when submitting each SF-270. Each SF-270 shall include
the award number (23-DG-11094200-340) in Block 4. If this award has multiple
projects, each project must be identified in separate columns for tracking purposes in
Block 11. A final SF-270 must have a final performance report submitted prior to
invoice approval.
The invoice must be sent by one of three methods: Send a copy to:
EMAIL (preferred): SM.FS.asc_ga@usda.gov jill.johnson@usda.gov
FAX: 877-687-4894
POSTAL: Albuquerque Service Center
Payments – Grants & Agreements
101B Sun Ave NE
Albuquerque, NM 87109
E. INDIRECT COST RATES. The approved indirect cost rate at the time of execution is
16.58% as shown in the NICRA provided by the Cooperator.
As new NICRAs are agreed to between MI DNR and their cognizant audit agency, the
revised provisional or final rate(s) are automatically incorporated into this award, as
appropriate, and must specify (1) the agreed upon rates, (2) the bases to which the rates
apply, (3) the fiscal year for which the rates apply, and (4) the items treated as direct
costs. The award obligation will not increase as a result of indirect cost rate increases.
Updates to NICRAs will not affect the total funds available for this award unless
documented in a formally executed modification.
If the NICRA is for a provisional rate, MI DNR shall be reimbursed at the established
provisional rate(s), subject to appropriate adjustment when the final rate(s) for the fiscal
year are established.
F. PRIOR WRITTEN APPROVAL. MI DNR shall obtain prior written approval pursuant
to conditions set forth in 2 CFR 200.407.
G. MODIFICATIONS. Modifications within the scope of this award must be made by
mutual consent of the parties, by the issuance of a written modification signed and
dated by all properly authorized signatory officials, prior to any changes being
performed. Requests for modification should be made, in writing, at least 90 days prior
to implementation of the requested change. The Forest Service is not obligated to fund
any changes not properly approved in advance.
H. PERIOD OF PERFORMANCE. This agreement is executed as of the date of the
Forest Service signatory official signature.
The end date, or expiration date is 07/15/2028. This instrument may be extended by a
properly executed modification. See Modification Provision above.
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Award Number: 23-DG-11094200-340
I. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that
the individuals listed in this document as representatives of the individual parties are
authorized to act in their respective areas for matters related to this award. In witness
whereof the parties hereto have executed this award.
Date
Department of Natural Resources
ROBERT LUECKEL, Deputy Regional Forester Date
State, Private, and Tribal Forestry
The authority and the format of this award have been reviewed and approved for
signature.
MIDORI C. RAYMORE Date
Forest Service Grants Management Specialist
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Award Number: 23-DG-11094200-340
ATTACHMENT A: FOREST SERVICE AWARD PROVISIONS
A. COLLABORATIVE ARRANGEMENTS. Where permitted by terms of the award and
Federal law, MI DNR a may enter into collaborative arrangements with other
organizations to jointly carry out activities with Forest Service funds available under
this award.
B. FOREST SERVICE LIABILITY TO THE RECIPIENT. The United States shall not be
liable to MI DNR for any costs, damages, claims, liabilities, and judgments that arise in
connection with the performance of work under this award, including damage to any
property owned by MI DNR or any third party.
C. NOTICES. Any notice given by the Forest Service or MI DNR will be sufficient only
if in writing and delivered in person, mailed, or transmitted electronically by e-mail or
fax, as follows:
To the Forest Service Program Manager, at the address specified in the award.
To MI DNR, at the address shown in the award or such other address designated
within the award.
Notices will be effective when delivered in accordance with this provision, or on the
effective date of the notice, whichever is later.
D. SUBAWARDS. Prior approval is required to issue subawards under this grant. The
intent to subaward must be identified in the approved budget and scope of work and
approved in the initial award or through subsequent modifications. Approval of each
individual subaward is not required, however the cooperator must document that each
sub-recipient does NOT have active exclusions in the System for Award Management
(sam.gov).
The Cooperator must also ensure that they have evaluated each subrecipient’s risk in
accordance with 2 CFR 200.332 (b).
Any subrecipient under this award must be notified that they are subject to the OMB
guidance in subparts A through F of 2 CFR Part 200, as adopted and supplemented by
the USDA in 2 CFR Part 400. Any sub-award must follow the regulations found in 2
CFR 200.331 through .333.
All subawards $30,000 or more must be reported at fsrs.gov in compliance with 2 CFR
170. See Attachment B for full text.
E. FINANCIAL STATUS REPORTING. A Federal Financial Report, Standard Form SF-
425 (and Federal Financial Report Attachment, SF-425A, if required for reporting
multiple awards), must be submitted semi-annually. These reports are due 30 days after
the reporting period ending June 30 and December 31. The final SF-425 (and SF-
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Award Number: 23-DG-11094200-340
425A, if applicable) must be submitted either with the final payment request or no later
than 120 days from the expiration date of the award. These forms may be found at
https://www.grants.gov/web/grants/forms.html.
F. PROGRAM PERFORMANCE REPORTS. The recipient shall perform all actions
identified and funded in application/modification narratives within the performance
period identified in award.
In accordance with 2 CFR 200.301, reports must relate financial data to performance
accomplishments of the federal award.
MI DNR shall submit semi-annual performance reports. These reports are due 30 days
after the reporting period ending June 30 and December 31. The final performance
report shall be submitted either with MI DNR’s final payment request, or separately,
but not later than 120 days from the expiration date of the award.
- Additional pertinent information:
To prevent payment delays, all reports should be emailed to
SM.FS.R9SPFgrants@usda.gov and the U.S. Forest Service Program
Manager prior to their respective due dates. Please ensure the subject line of
the email contains the award number (23-DG-11094200-340) and the name
of report being submitted.
The final performance report must be submitted and approved prior to
approval of the final SF-270 payment request.
G. NOTIFICATION. MI DNR shall immediately notify the Forest Service of
developments that have a significant impact on the activities supported under this
award. Also, notification must be given in case of problems, delays or adverse
conditions that materially impair the ability to meet the objectives of the award. This
notification must include a statement of the action taken or contemplated, and any
assistance needed to resolve the situation.
H. CHANGES IN KEY PERSONNEL. Any revision to key personnel identified in this
award requires notification of the Forest Service Program Manager by email or letter.
I. USE OF FOREST SERVICE INSIGNIA. In order for MI DNR to use the Forest
Service insignia on any published media, such as a Web page, printed publication, or
audiovisual production, permission must be granted by the Forest Service’s Office of
Communications (Washington Office). A written request will be submitted by Forest
Service, Program Manager, to the Office of Communications Assistant Director, Visual
Information and Publishing Services prior to use of the insignia. The Forest Service
Program Manager will notify MI DNR when permission is granted.
J. FUNDING EQUIPMENT. Federal funding under this award is not available for
reimbursement of MI DNR’s purchase of equipment. Equipment is defined as having a
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Award Number: 23-DG-11094200-340
fair market value of $5,000 or more per unit and a useful life of over one year.
Supplies are those items that are not equipment.
K. PUBLIC NOTICES. It is Forest Service's policy to inform the public as fully as
possible of its programs and activities. MI DNR is encouraged to give public notice of
the receipt of this award and, from time to time, to announce progress and
accomplishments.
MI DNR may call on Forest Service's Office of Communication for advice regarding
public notices. MI DNR is requested to provide copies of notices or announcements to
the Forest Service Program Manager and to Forest Service's Office Communications as
far in advance of release as possible.
L. FOREST SERVICE ACKNOWLEDGED IN PUBLICATIONS, AUDIOVISUALS,
AND ELECTRONIC MEDIA. MI DNR shall acknowledge Forest Service support in
any publications, audiovisuals, and electronic media developed as a result of this award.
Follow direction in USDA Supplemental 2 CFR 415.2.
M. COPYRIGHTING. MI DNR is/are granted sole and exclusive right to copyright any
publications developed as a result of this award. This includes the right to publish and
vend throughout the world in any language and in all media and forms, in whole or in
part, for the full term of copyright and all renewals thereof in accordance with this
award.
No original text or graphics produced and submitted by the Forest Service shall be
copyrighted. The Forest Service reserves a royalty-free, nonexclusive, and irrevocable
right to reproduce, publish, or otherwise use, and to authorize others to use the work for
federal government purposes.
This right shall be transferred to any sub-awards or subcontracts.
This provision includes:
The copyright in any work developed by MI DNR under this award.
Any right of copyright to which MI DNR purchase(s) ownership with any federal
contributions.
N. NONDISCRIMINATION STATEMENT – PRINTED, ELECTRONIC, OR
AUDIOVISUAL MATERIAL. MI DNR shall include the following statement, in full,
in any printed, audiovisual material, or electronic media for public distribution
developed or printed with any Federal funding.
In accordance with Federal law and U.S. Department of Agriculture (USDA) civil
rights regulations and policies, this institution is prohibited from discriminating on
the basis of race, color, national origin, sex, age, disability, and reprisal or
retaliation for prior civil rights activity. (Not all prohibited bases apply to all
programs.)
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Award Number: 23-DG-11094200-340
Program information may be made available in languages other than English.
Persons with disabilities who require alternative means of communication for
program information (e.g., Braille, large print, audiotape, and American Sign
Language) should contact the responsible State or local Agency that administers
the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or
contact USDA through the Federal Relay Service at (800) 877-8339.
To file a program discrimination complaint, a complainant should complete a Form
AD-3027, USDA Program Discrimination Complaint Form, which can be obtained
online at https://www.ocio.usda.gov/document/ad-3027, from any USDA office, by
calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must
contain the complainant’s name, address, telephone number, and a written
description of the alleged discriminatory action in sufficient detail to inform the
Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged
civil rights violation. The completed AD-3027 form or letter must be submitted to
USDA by:
(1) Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for
Civil Rights, 1400 Independence Avenue SW, Washington, D.C. 20250-9410; o
(2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: program.intake@usda.gov.
If the material is too small to permit the full Non-Discrimination Statement to be
included, the material will, at a minimum, include the alternative statement:
“This institution is an equal opportunity provider.”
O. PROGRAM INCOME – FINANCIAL ASSISTANCE.
1. MI DNR shall apply the standards set forth in this Provision to account for program
income earned under the award.
2. If any program income is generated as a result of this award, the income shall be
applied using the deductive alternative as described in 2 CFR 200.307; the
deductive alternative is the default if no other method is selected.
3. Unless the terms and conditions of the award/agreement provide otherwise,
Recipients shall have no obligation to the U.S. Government regarding program
income earned after the end of the project period.
4. Costs incident to the generation of program income may be deducted from gross
income to determine net program income, provided these costs have not been
charged to the award and they comply with 2 CFR 200.307.
5. Unless the terms and conditions of the award provide otherwise, MI DNR shall
have no obligation to the U.S. Government with respect to program income earned
from license fees and royalties for copyrighted material, patents, patent
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Award Number: 23-DG-11094200-340
applications, trademarks, and inventions produced under an award. However,
Patent and Trademark Amendments (35 U.S.C. 18) apply to inventions made
under an experimental, developmental, or research awards.
P. DISPUTES.
1. Any dispute under this award shall be decided by the Signatory Official. The
Signatory Official shall furnish MI DNR a written copy of the decision.
2. Decisions of the Signatory Official shall be final unless, within 30 days of receipt of
the decision of the Signatory Official, MI DNR appeal(s) the decision to the Forest
Service's Director, State & Private Forestry (SPF). Any appeal made under this
provision shall be in writing and addressed to the Director, SPF, USDA, Forest
Service, Washington, DC 20024. A copy of the appeal shall be concurrently
furnished to the Signatory Official.
3. In order to facilitate review on the record by the Director, SPF, MI DNR shall be
given an opportunity to submit written evidence in support of its appeal. No hearing
will be provided.
4. A decision under this provision by the Director, SPF is final.
5. The final decision by the Director, SPF does not preclude MI DNR from pursuing
remedies available under the law.
Q. AWARD CLOSEOUT. MI DNR must submit, no later than 120 calendar days after
the end date of the period of performance, all financial, performance, and other reports
as required by the terms and conditions of the Federal award.
Any unobligated balance of cash advanced to MI DNR must be immediately refunded
to the Forest Service, including any interest earned in accordance with 2 CFR
200.344(d).
If this award is closed without audit, the Forest Service reserves the right to disallow
and recover an appropriate amount after fully considering any recommended
disallowances resulting from an audit which may be conducted later.
R. TERMINATION. This award may be terminated, in whole or part pursuant to 2 CFR
200.340.
S. DEBARMENT AND SUSPENSION. MI DNR shall immediately inform the Forest
Service if they or any of their principals are presently excluded, debarred, or suspended
from entering into covered transactions with the federal government according to the
terms of 2 CFR Part 180. Additionally, should MI DNR or any of their principals
receive a transmittal letter or other official federal notice of debarment or suspension,
then they shall notify the Forest Service without undue delay. This applies whether the
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exclusion, debarment, or suspension is voluntary or involuntary. The Recipient shall
adhere to 2 CFR Part 180 Subpart C in regards to review of sub-recipients or contracts
for debarment and suspension.
All subrecipients and contractors must complete the form AD-1048, Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, Lower Tier
Covered Transactions. Blank forms are available electronically. Completed forms
must be kept on file with the primary recipient.
T. MEMBERS OF CONGRESS. Pursuant to 41 U.S.C. 22, no member of, or delegate to,
Congress shall be admitted to any share or part of this award, or benefits that may arise
therefrom, either directly or indirectly.
U. TRAFFICKING IN PERSONS.
1. Provisions applicable to a Recipient that is a private entity.
a. You as the Recipient, your employees, Subrecipients under this award, and
Subrecipients’ employees may not:
(1) Engage in severe forms of trafficking in persons during the period of time
that the award is in effect;
(2) Procure a commercial sex act during the period of time that the award is in
effect; or
(3) Use forced labor in the performance of the award or subawards under the
award.
b. We as the Federal awarding agency may unilaterally terminate this award,
without penalty, if you or a Subrecipient that is a private entity:
(1) Is determined to have violated a prohibition in paragraph a.1 of this award
term; or
(2) Has an employee who is determined by the agency official authorized to
terminate the award to have violated a prohibition in paragraph a.1 of this
award term through conduct that is either:
i. Associated with performance under this award; or
ii. Imputed to you or the subrecipient using the standards and due
process for imputing the conduct of an individual to an organization
that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies
on Government wide Debarment and Suspension
(Nonprocurement),’’.
2. Provision applicable to a Recipient other than a private entity. We as the Federal
awarding agency may unilaterally terminate this award, without penalty, if a
subrecipient that is a private entity:
a. Is determined to have violated an applicable prohibition in paragraph a.1 of this
award term; or
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b. Has an employee who is determined by the agency official authorized to
terminate the award to have violated an applicable prohibition in paragraph a.1
of this award term through conduct that is either—
(1) Associated with performance under this award; or
(2) Imputed to the subrecipient using the standards and due process for
imputing the conduct of an individual to an organization that are provided
in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Governmentwide
Debarment and Suspension (Nonprocurement),’’
3. Provisions applicable to any recipient.
a. You must inform us immediately of any information you receive from any
source alleging a violation of a prohibition in paragraph a.1 of this award term.
b. Our right to terminate unilaterally that is described in paragraph a.2 or b of this
section:
(1) Implements section 106(g) of the Trafficking Victims Protection Act of
2000 (TVPA), as amended (22 U.S.C. 7104(g)), and
(2) Is in addition to all other remedies for noncompliance that are available to
us under this award.
c. You must include the requirements of paragraph a.1 of this award term in any
subaward you make to a private entity.
4. Definitions. For purposes of this award term:
a. ‘‘Employee’’ means either:
(1) An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under this award; or
(2) Another person engaged in the performance of the project or program
under this award and not compensated by you including, but not limited to,
a volunteer or individual whose services are contributed by a third party as
an in-kind contribution toward cost sharing or matching requirements.
b. ‘‘Forced labor’’ means labor obtained by any of the following methods: the
recruitment, harboring, transportation, provision, or obtaining of a person for
labor or services, through the use of force, fraud, or coercion for the purpose of
subjection to involuntary servitude, peonage, debt bondage, or slavery.
c. ‘‘Private entity’’:
(1) Means any entity other than a State, local government, Indian tribe, or
foreign public entity, as those terms are defined in 2 CFR 175.25.
(2) Includes:
i. A nonprofit organization, including any nonprofit institution of
higher education, hospital, or tribal organization other than one
included in the definition of Indian tribe at 2 CFR 175.25(b).
ii. A for-profit organization.
d. ‘‘Severe forms of trafficking in persons,’’ ‘‘commercial sex act,’’ and
‘‘coercion’’ have the meanings given at section 103 of the TVPA, as amended
(22 U.S.C. 7102).
V. DRUG-FREE WORKPLACE.
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1. MI DNR agree(s) that it will publish a drug-free workplace statement and provide a
copy to each employee who will be engaged in the performance of any
project/program that receives federal funding. The statement must
a. Tell the employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in its workplace;
b. Specify the actions MI DNR will take against employees for violating that
prohibition; and
c. Let each employee know that, as a condition of employment under any award,
the employee:
(1) Shall abide by the terms of the statement, and
(2) Shall notify MI DNR in writing if they are convicted for a violation of a
criminal drug statute occurring in the workplace, and shall do so no more
than 5 calendar days after the conviction.
2. MI DNR agree(s) that it will establish an ongoing drug-free awareness program to
inform employees about
a. The dangers of drug abuse in the workplace;
b. The established policy of maintaining a drug-free workplace;
c. Any available drug counseling, rehabilitation and employee assistance
programs; and
d. The penalties that you may impose upon them for drug abuse violations
occurring in the workplace.
3. Without the Program Manager’s expressed written approval, the policy statement
and program must be in place as soon as possible, no later than the 30 days after
the effective date of this instrument, or the completion date of this award,
whichever occurs first.
4. MI DNR agrees to immediately notify the Program Manager if an employee is
convicted of a drug violation in the workplace. The notification must be in
writing, identify the employee’s position title, the award number of each award on
which the employee worked. The notification must be sent to the Program
Manager within 10 calendar days after MI DNR learns of the conviction.
5. Within 30 calendar days of learning about an employee’s conviction, MI DNR
must either
a. Take appropriate personnel action against the employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973
(29 USC 794), as amended, or
b. Require the employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for these purposes by a Federal, State or local
health, law enforcement, or other appropriate agency.
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W. PROHIBITION AGAINST USING FUNDS WITH ENTITIES THAT REQUIRE
CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS.
1. The recipient may not require its employees, contractors, or subrecipients seeking to
report fraud, waste, or abuse to sign or comply with internal confidentiality
agreements or statements prohibiting or otherwise restricting them from lawfully
reporting that waste, fraud, or abuse to a designated investigative or law
enforcement representative of a Federal department or agency authorized to receive
such information.
2. The recipient must notify its employees, contractors, or subrecipients that the
prohibitions and restrictions of any internal confidentiality agreements inconsistent
with paragraph (1) of this award provision are no longer in effect.
3. The prohibition in paragraph (1) of this award provision does not contravene
requirements applicable to any other form issued by a Federal department or agency
governing the nondisclosure of classified information.
4. If the Government determines that the recipient is not in compliance with this award
provision, it;
a. Will prohibit the recipient’s use of funds under this award in accordance with
sections 743, 744 of Division E of the Consolidated Appropriations Act, 2016,
(Pub. L. 114-113) or any successor provision of law; and
b. May pursue other remedies available for the recipient’s material failure to
comply with award terms and conditions.
X. ELIGIBLE WORKERS. MI DNR shall ensure that all employees complete the I-9
form to certify that they are eligible for lawful employment under the Immigration and
Nationality Act (8 U.S.C. 1324(a)). MI DNR shall comply with regulations regarding
certification and retention of the completed forms. These requirements also apply to
any contract or supplemental instruments awarded under this award.
Y. FREEDOM OF INFORMATION ACT (FOIA). Public access to award or agreement
records must not be limited, except when such records must be kept confidential and
would have been exempted from disclosure pursuant to Freedom of Information
regulations (5 U.S.C. 552). Requests for research data are subject to 2 CFR 315(e).
Public access to culturally sensitive data and information of Federally-recognized
Tribes may also be explicitly limited by P.L. 110-234, Title VIII Subtitle B §8106
(2009 Farm Bill).
Z. TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order (EO)
13513, “Federal Leadership on Reducing Text Messaging While Driving,” any and all
text messaging by Federal employees is banned: a) while driving a Government owned
vehicle (GOV) or driving a privately owned vehicle (POV) while on official
Government business; or b) using any electronic equipment supplied by the
Government when driving any vehicle at any time. All Cooperators, their Employees,
Volunteers, and Contractors are encouraged to adopt and enforce policies that ban text
messaging when driving company owned, leased or rented vehicles, POVs or GOVs
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when driving while on official Government business or when performing any work for
or on behalf of the Government.
AA. PROMOTING FREE SPEECH AND RELIGIOUS FREEDOM. As a recipient of
USDA financial assistance, you will comply with the following:
1. Do not discriminate against applicants for sub-grants on the basis of their religious
character.
2. 7 Code of Federal Regulations (CFR) part 16.3(a), Rights of Religious
Organizations.
3. Statutory and National policy requirements, including those prohibiting
discrimination and those described in Executive Order 13798 promoting free speech
and religious freedom, 2 CFR 200.300.
BB. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT. The cooperator (including
subrecipients) is responsible for compliance with the prohibition on certain
telecommunications and video surveillance services or equipment identified in 2 CFR
200.216. See Public Law 115-232, Section 889 for additional information.
In accordance with 2 CFR 200.216, the grantee (including subrecipients) is prohibited
from obligating or expending loan or grant funds for covered telecommunications
equipment or services to:
(1) procure or obtain, extend or renew a contract to procure or obtain;
(2) enter into a contract (or extend or renew a contract) to procure; or
(3) obtain the equipment, services or systems.
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ATTACHMENT B: 2 CFR PART 170
Appendix A to Part 170—Award Term
I. Reporting Subawards and Executive Compensation
a. Reporting of first-tier subawards.
1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you
must report each action that equals or exceeds $30,000 in Federal funds for a subaward to
a non-Federal entity or Federal agency (see definitions in paragraph e. of this award
term).
2. Where and when to report.
i. The non-Federal entity or Federal agency must report each obligating action
described in paragraph a.1. of this award term to http://www.fsrs.gov.
ii. For subaward information, report no later than the end of the month following the
month in which the obligation was made. (For example, if the obligation was made on
November 7, 2010, the obligation must be reported by no later than December 31,
2010.)
3. What to report. You must report the information about each obligating action that the
submission instructions posted at http://www.fsrs.gov specify.
b. Reporting total compensation of recipient executives for non-Federal entities.
1. Applicability and what to report. You must report total compensation for each of your
five most highly compensated executives for the preceding completed fiscal year, if—
i. The total Federal funding authorized to date under this Federal award equals or
exceeds $30,000 as defined in 2 CFR 170.320;
ii. in the preceding fiscal year, you received—
(A) 80 percent or more of your annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the
Transparency Act, as defined at 2 CFR 170.320 (and subawards), and
(B) $25,000,000 or more in annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the
Transparency Act, as defined at 2 CFR 170.320 (and subawards); and,
iii. The public does not have access to information about the compensation of the
executives through periodic reports filed under section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal
Revenue Code of 1986. (To determine if the public has access to the compensation
information, see the U.S. Security and Exchange Commission total compensation
filings at http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report executive total compensation described in
paragraph b.1. of this award term:
i. As part of your registration profile at https://www.sam.gov.
ii. By the end of the month following the month in which this award is made, and
annually thereafter.
c. Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of
this award term, for each first-tier non-Federal entity subrecipient under this award, you
shall report the names and total compensation of each of the subrecipient’s five most
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highly compensated executives for the subrecipient’s preceding completed fiscal year,
if—
i. in the subrecipient’s preceding fiscal year, the subrecipient received—
(A) 80 percent or more of its annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the
Transparency Act, as defined at 2 CFR 170.320 (and subawards) and,
(B) $25,000,000 or more in annual gross revenues from Federal procurement
contracts (and subcontracts), and Federal financial assistance subject to the
Transparency Act (and subawards); and
ii. The public does not have access to information about the compensation of the
executives through periodic reports filed under section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal
Revenue Code of 1986. (To determine if the public has access to the compensation
information, see the U.S. Security and Exchange Commission total compensation
filings at http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report subrecipient executive total compensation
described in paragraph c.1. of this award term:
i. To the recipient.
ii. By the end of the month following the month during which you make the subaward.
For example, if a subaward is obligated on any date during the month of October of a
given year (i.e., between October 1 and 31), you must report any required
compensation information of the subrecipient by November 30 of that year.
d. Exemptions.
If, in the previous tax year, you had gross income, from all sources, under $300,000, you are
exempt from the requirements to report:
i. Subawards, and
ii. The total compensation of the five most highly compensated executives of any
subrecipient.
e. Definitions. For purposes of this award term:
1. Federal Agency means a Federal agency as defined at 5 U.S.C. 551(1) and further
clarified by 5 U.S.C. 552(f).
2. Non-Federal entity means all of the following, as defined in 2 CFR part 25:
i. A Governmental organization, which is a State, local government, or Indian tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization; and,
iv. A domestic or foreign for-profit organization
3. Executive means officers, managing partners, or any other employees in management
positions.
4. Subaward:
i. This term means a legal instrument to provide support for the performance of any
portion of the substantive project or program for which you received this award and
that you as the recipient award to an eligible subrecipient.
ii. The term does not include your procurement of property and services needed to carry
out the project or program (for further explanation, see 2 CFR 200.331).
iii. A subaward may be provided through any legal agreement, including an agreement
that you or a subrecipient considers a contract.
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5. Subrecipient means a non-Federal entity or Federal agency that:
i. Receives a subaward from you (the recipient) under this award; and
ii. Is accountable to you for the use of the Federal funds provided by the subaward.
6. Total compensation means the cash and noncash dollar value earned by the executive
during the recipient’s or subrecipient’s preceding fiscal year and includes the following
(for more information see 17 CFR 229.402(c)(2)).
END OF ATTACHMENT B: 2 CFR PART 170
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ATTACHMENT C: WHISTLEBLOWER NOTICE
Whistleblowers perform an important service to USDA and the public when they come
forward with what they reasonably believe to be evidence of wrongdoing. They should never
be subject to reprisal for doing so. Federal law protects federal employees as well as personal
services contractors and employees of Federal contractors, subcontractors, grantees, and
subgrantees against reprisal for whistleblowing. USDA bears the responsibility to ensure
that nothing in a non-disclosure agreement which a contractor, subcontractor,
grantee, or subgrantee requires their employees to sign should be interpreted as limiting
their ability to provide information to the Office of Inspector General (OIG).
41 U.S.C. § 4712 requires the head of each executive agency to ensure that its contractors
inform their workers in writing of the rights and remedies under the statute.
Accordingly, it is illegal for a personal services contractor or an employee of a Federal
contractor, subcontractor, grantee, or subgrantee to be discharged, demoted, or otherwise
discriminated against for making a protected whistleblower disclosure. In this context, these
categories of individuals are whistleblowers who disclose information that the individual
reasonably believes is evidence of one of the following:
• Gross mismanagement of a Federal contract or grant;
• A gross waste of Federal funds;
• An abuse of authority relating to a Federal contract or grant;
• A substantial and specific danger to public health or safety; or
• A violation of law, rule, or regulation related to a Federal contract (including the
competition for or negotiation of a contract) or grant.
To be protected under 41 U.S.C. § 4712, the disclosure must be made to one of the
following:
• A Member of Congress, or a representative of a committee of Congress;
• The OIG;
• The Government Accountability Office (GAO);
• A Federal employee responsible for contract or grant oversight or management
at USDA;
• An otherwise authorized official at USDA or other law enforcement agency;
• A court or grand jury; or
• A management official or other employee of the contractor, subcontractor, or
grantee who has the responsibility to investigate, discover, or address
misconduct.
Under 41 U.S.C. § 4712, personal services contractors as well as employees of contractors,
subcontractors, grantees, or subgrantees may file a complaint with OIG, who will investigate
the matter unless they determine that the complaint is frivolous, fails to allege a violation of
the prohibition against whistleblower reprisal, or has been addressed in another proceeding.
OIG’s investigation is then presented to the head of the executive agency who evaluates the
facts of the investigation and can order the contractor, subcontractor, grantee, or subgrantee
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to take remedial action, such as reinstatement or back pay.
Federal Acquisition Regulation (FAR) Subpart 3.903, Whistleblower Protections for
Contractor Employees, Policy, prohibits government contractors from retaliating against a
contract worker for making a protected disclosure related to the contract. FAR Subpart
3.909-1 prohibits the Government from using funds for a contract with an entity that requires
its employees or subcontractors to sign internal confidentiality statements prohibiting or
restricting disclosures of fraud, waste, or abuse to designated persons. This prohibition does
not contravene agreements pertaining to classified information. The regulation also requires
contracting officers to insert FAR clause 52.203-17, Contractor Employee Whistleblower
Rights and Requirement to Inform Employees of Whistleblower Rights, in all solicitations and
contracts that exceed the Simplified Acquisition Threshold as defined in FAR Subpart 3.908.
This clause requires notification to contractor employees that they are subject to the
whistleblower rights and remedies referenced in 41 U.S.C. § 4712.
In order to make a complaint alleging any of the violations mentioned above, one should
complete the OIG Hotline form located at: https://www.usda.gov/oig/hotline. For additional
information, they may also visit the WPC’s webpage at: https://www.usda.gov/oig/wpc or
they may directly contact the WPC at OIGWPC@oig.usda.gov.
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AD-1048 OMB No. 0505-0027
Expiration Date: 09/30/2025
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552a, as amended). This certification is required by the regulations
implementing Executive Order 12549, Debarment and Suspension, and 2 CFR §§ 180.300, 180.335, Participants' responsibilities. The regulations were
amended and published on August 31, 2005, in 70 Fed. Reg. 51865-51880. Copies of the regulations may be obtained by contacting the Department of
Agriculture agency offering the proposed covered transaction.
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of
information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0505-0027. The time required to
complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The provisions of appropriate criminal or
civil fraud, privacy, and other statutes may be applicable to the information provided.
(Read instructions on page two before completing certification.)
A. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation
in this transaction by any Federal department or agency;
B. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
ORGANIZATION NAME PR/AWARD NUMBER OR PROJECT NAME
West Michigan Shoreline Regional Development Commission
UIRA25-19
NAME(S) AND TITLE(S) OF AUTHORIZED REPRESENTATIVE(S)
Executive Director
Erin Kuhn
SIGNATURE DATE
E-SIGNED by Erin Kuhn 2024-11-05 08:36:22 UTC
on 2024-11-05 08:36:22 EST
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and
institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender
expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior
civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact
the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program
information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint
and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866)
632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue,
SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov.
USDA is an equal opportunity provider, employer, and lender.
Page 91 of 377
Instructions for Certification
(1) By signing and submitting this form, the prospective lower tier participant is providing the certification set out on page 1 in
accordance with these instructions.
(2) The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the Department or agency with which this transaction originated
may pursue available remedies, including suspension or debarment.
(3) The prospective lower tier participant must provide immediate written notice to the person(s) to which this proposal is submitted
if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
(4) The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person,
""primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set
out in the Definitions and Coverage sections of the rules implementing Executive Order 12549, at 2 CFR Parts 180 and 417. You
may contact the Department or agency to which this proposal is being submitted for assistance in obtaining a copy of those
regulations.
(5) The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered
into, it may not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department or agency
with which this transaction originated.
(6) The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
(7) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the General Services Administration’s System for Award
Management Exclusions database.
(8) Nothing contained in the foregoing shall be construed to require establishment of a system of records to render in good faith the
certification required by this clause. The knowledge and information of a participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business dealings.
(9) Except for transactions authorized under paragraph (5) of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the Department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
Form AD-1048 (REV 12/22)
Page 2 of 2
Page 92 of 377
This form is available electronically. OMB Control No. 0505-0027
Expiration Date: 04/30/2022
Certification Regarding Drug-Free Workplace Requirements (Grants) AD-1049
Alternative I – For Grantees Other Than Individuals
The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552a, as amended). This certification is required by the
regulations implementing §§ 5151-5160 of the Drug-Free Workplace Act of 1998 (Pub. L.100-690, Title V, Subtitle D: 41 U.S.C. § 8101 et seq.), and
2 C.F.R. Parts 182 and 421. The regulations were amended and published on June 15, 2009, in 74 Fed. Reg. 28150-28154 and on December 8, 2011, in
76 Fed. Reg. 76610-76611. Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the grant.
According to the Paperwork Reduction Act of 1995 an agency may not conduct or sponsor, and a person is not required to respond to a collection of
information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0505-0027. The time required to
complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The provisions of appropriate criminal,
civil, fraud, privacy, and other statutes may be applicable to the information provided.
(Read instructions on page three before completing certification.)
A. The grantee certifies that it will or will continue to provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the grantee’s workplace and specifying the actions that will be taken
against employees for violation of such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about –
a. The dangers of drug abuse in the workplace;
b. The grantee’s policy of maintaining a drug-free workplace;
c. Any available drug counseling, rehabilitation, and employee assistance programs; and
d. The penalties that may be imposed upon employees for drug-abuse violations occurring in the workplace.
3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of
the statement required by paragraph A.1.
4. Notifying the employee in the statement required by paragraph A.1 that, as a condition of employment under the
grant, the employee will –
a. Abide by the terms of the statement; and
b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring
in the workplace no later than five calendar days after such conviction;
5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph A.4.b
from an employee or otherwise receiving actual notice of such conviction. Employers of convicted
employees must provide notice, including position title, to every grant officer on whose grant activity the
convicted employee was working, unless the Federal agency has designated a central point for the receipt of such
notices. Notice shall include the identification number(s) of each affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph A.4.b, with
respect to any employee who is so convicted –
a. Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or, local health, law enforcement, or other appropriate agency;
Page 93 of 377
7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs
A.1 through A.6.
B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the
specific grant:
PLACE OF PERFORMANCE (Street Address, City, County, State, Zip Code)
Throughout the city of Musekgon (Muskegon County, MI, 49440-49445)
Check if there are workplaces on file that are not identified here.
ORGANIZATION NAME PR/AWARD NUMBER OR PROJECT NAME
West Michigan Shoreline Regional Development Commission
UIRA25-19
NAME(S) AND TITLE(S) OF AUTHORIZED REPRESENTATIVE(S)
Executive Director
Erin Kuhn
SIGNATURE(S) DATE
E-SIGNED by Erin Kuhn
2024-11-05 08:36:27 UTC
on 2024-11-05 08:36:27 EST
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its agencies, offices, and employees, and
institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender
expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior
civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or
incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact
the responsible agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program
information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint
(https://www.ascr.usda.gov/filing-program-discrimination-complaint-usda-customer) and at any USDA office or write a letter addressed to USDA and provide in the letter all of the
information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of
Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442.
Form AD-1049 (REV 10/19)
Page 2 of 3
Page 94 of 377
Instructions for Certification
(1) By signing and submitting this form, the grantee is providing the certification set out on pages one and two in accordance with these
instructions.
(2) The certification set out on pages one and two is a material representation of fact upon which reliance is placed when the agency
awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the
requirements of the Drug-Free Workplace Act, the agency, in addition to any other remedies available to the Federal Government,
may take action authorized under the Drug-Free Workplace Act.
(3) Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be
identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there
is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for
Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee’s drug-free workplace
requirements.
(4) Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the
grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department
while in operation, State employees in each local unemployment office, performers in concert halls or radio studios).
(5) If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the
change(s). If it previously identified the workplaces in question, see paragraph (3) above.
(6) Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule
apply to this certification. Grantees’ attention is called, in particular, to the following definitions from these rules:
• “Controlled substance” means a controlled substance in Schedules I through V of the Controlled Substances Act, 21 U.S.C.
§ 812, and as further defined by 21 C.F.R. §§ 1308.11-1308.15.
• “Conviction” means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial
body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.
• “Criminal drug statute” means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing,
use, or possession of any controlled substance.
• “Employee” means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) all
“direct charge” employees (ii) all “indirect charge” employees unless their impact or involvement is insignificant to the
performance of the grant and, (iii) temporary personnel and consultants who are directly engaged in the performance of work
under the grant and who are on the grantee’s payroll. This definition does not include workers not on the payroll of the
grantee (e.g., volunteers, even if used to meet a matching requirement, consultants or independent contractors not on the
grantee’s payroll, or employees of subrecipients or subcontractors in covered workplaces).
Form AD-1049 (REV 10/19)
Page 3 of 3
Page 95 of 377
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 10, 2024 Title: Ordinance Change: Parental Responsibility
Ordinance
Submitted by: Timothy Kozal, Public Safety Department: Public Safety
Director
Brief Summary:
The City of Muskegon's Parental Responsibility Ordinance needs to change its definition of juvenile
from under the age of 17 years to under the age of 18 years to follow State of Michigan law.
Detailed Summary & Background:
In 2021, in accordance with the Michigan Juvenile Justice Reform Act of 2018, the definition of
juvenile changed from age 17 and under to 18 and under in MCL Section 712A.1.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
N/A Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
I move to change the definition of minor in the City of Muskegon's Parental Responsibility Ordinance
from any juvenile under the age of 17 to any juvenile under the age of 18.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Page 96 of 377
Communication
Legal Review
Page 97 of 377
Page 98 of 377
Michigan Supreme Court
State Court Administrative Office
Court Services Division
Michigan Hall of Justice
P.O. Box 30048
Lansing, Michigan 48909
Phone (517) 373-4835
MEMORANDUM
DATE: March 24, 2021
TO: Family Division Judges
Family Division Administrators
Circuit Court Administrators
FROM: Tanya Morrow, Management Analyst
RE: Public Act 389 of 2020 (SB 700)
Detainment of Status Offenders Who Violate a Valid Court Order
Part of the Juvenile Justice Reform Act of 2018 1 requires the state’s Juvenile Justice and
Delinquency Plans be modified to provide alternatives to detention, reduce the number of children
in secure detention and correctional facilities, and promote evidence-based programs and practices.
Public Act 389 of 2020 will bring the state into compliance with the requirements of the Juvenile
Justice Reform Act of 2018. It amends the Juvenile Code to address the detainment of status
offenders under the jurisdiction of the court who violate a valid court order. This legislation was
signed into law on January 4, 2021, and is effective April 4, 2021. This memo is intended to
provide a summary of the legislation and guidance to courts to assist with successful
implementation.
MCL 712A.1 amends the definition of juvenile to a person less than 18 years of age. This provides
for the change in age from 17 years of age to 18 years of age effective October 1, 2021.
Additionally, the amendments define the terms “public agency” and “secured facility”.
MCL 712A.15 amends the definition of the term “petition” to include a petition or supplemental
petition for violation of valid court order for status offenders.
MCL 712A.15(2) removes juveniles who have run away from the list of children who may be taken
into custody pending a hearing. Further, it adds status offenders who violate a valid court order to
the list of children who can be detained pending a hearing.
MCL 712A.15(3) provides that, if a juvenile is taken into custody for violating a valid court order,
as a status offender and is detained in a secure facility, the petitioner shall ensure that an
1
Juvenile Justice Reform Act of 2018
Page 99 of 377
March 24, 2021
Page 2
appropriately trained, licensed, or certified mental health or substance abuse professional interviews
the juvenile in person within 24 hours to assess their immediate mental health and substance abuse
needs. The assessment may be completed upon filing the petition, prior to any order for placement
in a secure facility. The law does not require the use of a specific assessment tool; however, the
Department of Health and Human Services (DHHS) recommends using CAFAS. 2 If the assessment
occurs while the juvenile is in secure detention, the cost of the assessment is reimbursable under the
Child Care Fund (CCF). If the assessment occurs before the juvenile’s placement in secure
detention, it may 3 be reimbursed under the CCF.
The petitioner must provide the assessment to the court within 48 hours of the placement, and the
court must conduct a hearing to determine if there is reasonable cause to believe that the juvenile
violated the court order and to determine their appropriate placement pending the alleged violation.
MCL 712A.18 provides additional procedures for courts to follow when a status offender who has
violated a valid court order is detained. The addition of MCL 712A.18(k) adds a requirement for
the court to include specific findings and language in a court order, if the court finds that a juvenile
status offender has violated a valid court order and orders the juvenile placed in secure detention.
In that case, the court order must include all of the following:
• The specific court order the juvenile violated;
• The factual basis for determining that the juvenile violated the court order;
• The court’s findings of fact to support a determination that there is no appropriate, less
restrictive alternative placement available considering the juvenile’s best interest;
• The length of time the juvenile may remain in the secure facility shall not exceed seven
days;
• The plan for the juvenile’s release from the facility; and
• A statement that the order cannot be renewed or extended.
The addition of MCL 712A.18(l) requires that upon a juvenile status offender’s second or
subsequent violation of a court order , the court must find both of the following have occurred:
• The juvenile violated a court order after the date the court issued the first order under
subdivision (k); and
• The court has procedures in place to ensure that a juvenile held in a secure facility is not in
custody more than seven days or the length of time authorized by the court, whichever is
shorter.
The State Court Administrative Office is working to address needed amendments to court rules,
procedures, and forms.
2
Functional Assessment Systems : Child And Adolescent Functional Assessment Scale - CAFAS (fasoutcomes.com)
3
If the assessment is ordered and the youth is not placed in a secured detention facility, the assessment would only be
reimbursable through the Child Care Fund if 1) the youth was already involved in an intensive In Home Care program
that budgeted for assessments; OR 2) the youth was placed in a community-based Juvenile Justice out-of-home care
placement, as the assessment could be reimbursed as a non-scheduled payment. These options are applicable only in
the event that no other fund source (Medicaid, private insurance, etc.) is available and the assessment is not ordered as a
competency evaluation. Contact DHHS for additional details regarding eligibility.
Page 100 of 377
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 10, 2024 Title: Cost of Living Adjustment - Non-union
employees
Submitted by: Jonathan Seyferth, City Manager Department: Manager's Office
Brief Summary:
At the end of the calendar year management recommends an adjustment to non-union wages.
Union wage adjustments are planning through their various contracts.
Detailed Summary & Background:
The administration recommends a 3.3% cost-of-living adjustment (COLA). This COLA is consistent with
US Bureau of Labor Statistics (BLS) data, which shows that as of mid-November 2024 (the period for
which information is most recently available), inflation was 3.3% for the Midwest region compared to
a year ago (BLS report follows this memo).
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
$233,437 Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
various Yes No X N/A
Recommended Motion:
I move to approve the 3.3% wage increase for non-union team members effective January 1, 2025.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads X
Communication
Page 101 of 377
Legal Review
Page 102 of 377
12/3/24, 9:37 AM Consumer Price Index, Detroit-Warren-Dearborn area – October 2024 : Midwest Information Office : U.S. Bureau of Labor Statistics
U.S. BUREAU OF LABOR STATISTICS
Bureau of Labor Statistics Geographic Information Midwest News Release
Midwest Information Office
Search Midwest Region Go
Midwest Home
Midwest Geography
Midwest Subjects
Midwest Archives
Contact Midwest
News Release Information
24-2327-CHI
Wednesday, November 13, 2024
Contacts
Technical information:
(312) 353-1880
BLSInfoChicago@bls.gov
www.bls.gov/regions/midwest
Media contact:
(312) 353-1138
Related Links
Detroit Area Economic Summary
Historical Table Detroit CPI-U
Historical Table Detroit CPI-W
CPI chart package
Consumer Price Index, Detroit-Warren-Dearborn area – October 2024
Area prices were down 1.5 percent over the past two months, up 3.3 percent from a year ago
Prices in the Detroit-Warren-Dearborn area, as measured by the Consumer Price Index for All Urban Consumers (CPI-U), declined 1.5 percent for the two months ending in
October 2024, the U.S. Bureau of Labor Statistics reported today. (See table A.) Regional Commissioner Jason Palmer noted that the August-October decrease was attributed to
a decline in the index for all items less food and energy. Within the all items less food and energy category, price decreases were noted for lodging away from home, recreation,
and household furnishings and operations. Prices were higher for medical care and tuition, other school fees, and childcare. (Data in this report are not seasonally adjusted.
Accordingly, bi-monthly changes may reflect seasonal influences.)
Over the last 12 months, the CPI-U advanced 3.3 percent. (See chart 1 and table A.) The index for all items less food and energy advanced 3.9 percent over the year. Food
prices rose 1.4 percent. Energy prices declined 1.1 percent, largely the result of a decrease in the price of gasoline. (See table 1.)
https://www.bls.gov/regions/midwest/news-release/consumerpriceindex_detroit.htm 1/4
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12/3/24, 9:37 AM Consumer Price Index, Detroit-Warren-Dearborn area – October 2024 : Midwest Information Office : U.S. Bureau of Labor Statistics
View Chart Data
Food
Food prices increased 1.2 percent for the two months ending in October. (See table 1.) Prices for food at home (groceries) advanced 1.3 percent, and prices for food away from
home (restaurant, cafeteria, and vending purchases) advanced 0.9 percent for the same period.
Over the year, food prices rose 1.4 percent. The food at home index advanced 0.5 percent since a year ago. Three of the six major grocery store food group indexes were
higher over the year. Categories increasing included other food at home (includes sugar, sweets, fats, and oils, for example), 2.4 percent; nonalcoholic beverages and beverage
materials, 3.2 percent; dairy and related products, 2.4 percent. The index for meats, poultry, fish, and eggs decreased 2.1 percent; cereals and bakery products fell 1.3 percent;
and fruits and vegetables declined 1.1 percent. Prices for food away from home rose 3.1 percent.
Energy
The energy index declined 4.1 percent for the two months ending in October. The decrease was mainly due to lower prices for gasoline (-5.9 percent). Prices for utility (piped)
gas service advanced 0.2 percent, while prices for electricity fell 3.3 percent for the same period.
Energy prices declined 1.1 percent over the year, largely due to lower prices for gasoline (-3.9 percent). Prices paid for electricity advanced 1.3 percent, while prices for utility
(piped) gas service fell 1.8 percent during the past year.
All items less food and energy
The index for all items less food and energy declined 1.7 percent in the latest two-month period. Lower prices for lodging away from home, recreation (-1.1 percent), and
household furnishings and operations (-0.9 percent) were only partially offset by higher prices for medical care (+1.6 percent) and tuition, other school fees, and childcare (+2.5
percent).
Over the year, the index for all items less food and energy advanced 3.9 percent. Components contributing to the increase included shelter (+5.7 percent), recreation (+3.0
percent), and apparel (+7.0 percent). Partly offsetting the increases was a price decrease in the new and used motor vehicles index (-0.9 percent).
Table A. Detroit-Warren-Dearborn, MI, CPI-U 2-month and 12-month percent changes, all items index, not seasonally adjusted
2020 2021 2022 2023 2024
Month 2-month 12-month 2-month 12-month 2-month 12-month 2-month 12-month 2-month 12-month
February 0.5 2.6 0.6 0.8 1.1 7.5 1.9 7.0 0.2 2.8
April -2.7 -0.8 1.7 5.4 2.5 8.3 2.1 6.6 2.8 3.5
June 1.7 0.5 1.7 5.4 3.0 9.7 1.1 4.7 1.0 3.4
August 1.9 1.8 0.5 3.9 -0.5 8.6 0.6 5.9 0.8 3.5
October -0.3 0.5 1.2 5.5 1.1 8.5 -1.3 3.4 -1.5 3.3
December -0.3 0.7 1.1 7.0 -1.0 6.2 0.0 4.5
The December 2024 Consumer Price Index for the Detroit-Warren-Dearborn area is scheduled to be released on January 15, 2025.
Notice Regarding Ceasing Publication of Utility Indexes
With the publication of January 2025 data in February 2025, several indexes and average price series will be discontinued.
The following CPI indexes will continue to be published at the national level, but will be discontinued for all metropolitan areas,
census divisions, and regional size classes:
Electricity
Utility (piped) gas (often referred to as natural gas)
Energy services
Fuels and utilities
Household energy
https://www.bls.gov/regions/midwest/news-release/consumerpriceindex_detroit.htm 2/4
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12/3/24, 9:37 AM Consumer Price Index, Detroit-Warren-Dearborn area – October 2024 : Midwest Information Office : U.S. Bureau of Labor Statistics
The following CPI average price series will continue to be published at the national level, but will be discontinued for all
metropolitan areas, census divisions, and regional size classes:
Electricity per KWH
Utility (piped) gas per therm
Technical Note
The Consumer Price Index (CPI) is a measure of the average change in prices over time in a fixed market basket of goods and services. The Consumer Price Index for Detroit is
published bi-monthly. The set of components and sub-aggregates published for regional and metropolitan indexes is more limited than at the U.S. city average level; these
indexes are byproducts of the national CPI program. Each local index has a much smaller sample size than the national or regional indexes and is, therefore, subject to
substantially more sampling and other measurement error. As a result, local-area indexes are more volatile than the national or regional indexes. In addition, local indexes are
not adjusted for seasonal influences. NOTE: Area indexes do not measure differences in the level of prices between cities; they only measure the average
change in prices for each area since the base period.
The Detroit-Warren-Dearborn, MI, Core Based Statistical Area includes Lapeer, Livingston, Macomb, Oakland, St. Clair, and Wayne Counties in Michigan.
Refer to the national CPI news release technical note or the Handbook of Methods for more information.
Information in this release will be made available to individuals with sensory impairments upon request. Voice phone: (202) 691-5200; Telecommunications Relay Service: 7-1-1.
Table 1. Consumer Price Index for All Urban Consumers (CPI-U): Indexes and percent changes for selected periods
Detroit-Warren-Dearborn, MI (1982-84=100 unless otherwise noted)
Indexes Percent change from-
Item and Group Aug. Sep. Oct. Oct. Aug. Sep.
2024 2024 2024 2023 2024 2024
Expenditure category
All items 297.572 - 293.116 3.3 -1.5 -
All items (1967=100) 884.509 - 871.263 - - -
Food and beverages 286.738 - 289.975 1.3 1.1 -
Food 287.641 - 291.091 1.4 1.2 -
Food at home 271.129 273.121 274.774 0.5 1.3 0.6
Cereals and bakery products 338.912 344.525 347.642 -1.3 2.6 0.9
Meats, poultry, fish and eggs 283.746 283.454 284.229 -2.1 0.2 0.3
Dairy and related products 209.215 210.737 214.528 2.4 2.5 1.8
Fruits and vegetables 264.582 274.111 267.504 -1.1 1.1 -2.4
Nonalcoholic beverages and beverage materials(1) 264.853 260.203 270.335 3.2 2.1 3.9
Other food at home 259.529 260.284 262.114 2.4 1.0 0.7
Food away from home 315.386 - 318.290 3.1 0.9 -
Alcoholic beverages 271.239 - 271.403 0.8 0.1 -
Housing 299.944 - 288.285 4.6 -3.9 -
Shelter 351.552 342.828 335.419 5.7 -4.6 -2.2
Rent of primary residence(2) 346.924 346.209 348.900 6.5 0.6 0.8
Owners' equiv. rent of residences(2)(3) 333.094 331.402 332.099 6.9 -0.3 0.2
Owners' equiv. rent of primary residence(2)(3) 333.094 331.402 332.099 6.9 -0.3 0.2
Fuels and utilities 330.396 - 326.015 1.1 -1.3 -
Household energy 257.160 254.654 251.807 0.4 -2.1 -1.1
Energy services(2) 259.059 256.517 253.493 0.3 -2.1 -1.2
Electricity(2) 307.151 306.628 297.074 1.3 -3.3 -3.1
Utility (piped) gas service(2) 188.111 183.129 188.451 -1.8 0.2 2.9
Household furnishings and operations 143.270 - 141.996 -0.3 -0.9 -
Apparel 109.120 - 108.834 7.0 -0.3 -
Transportation 326.602 - 325.168 1.5 -0.4 -
Private transportation 338.026 - 334.487 1.7 -1.0 -
New and used motor vehicles(4) 143.008 - 144.034 -0.9 0.7 -
Footnotes
(1) Index on a December 1977=100 base.
(2) This index series was calculated using a Laspeyres estimator. All other item stratum index series were calculated using a geometric means estimator.
(3) Index on a December 1982=100 base.
(4) Indexes on a December 1997=100 base.
(5) Special index based on a substantially smaller sample.
(6) Index on a December 1993=100 base.
- Data not available.
Note: Index applies to a month as a whole, not to any specific date. Data not seasonally adjusted.
https://www.bls.gov/regions/midwest/news-release/consumerpriceindex_detroit.htm 3/4
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12/3/24, 9:37 AM Consumer Price Index, Detroit-Warren-Dearborn area – October 2024 : Midwest Information Office : U.S. Bureau of Labor Statistics
Indexes Percent change from-
Item and Group Aug. Sep. Oct. Oct. Aug. Sep.
2024 2024 2024 2023 2024 2024
New vehicles(1) 258.037 - 257.355 -0.5 -0.3 -
Used cars and trucks(1) 375.598 - 375.918 -2.6 0.1 -
Motor fuel 315.149 298.888 296.562 -4.4 -5.9 -0.8
Gasoline (all types) 314.321 298.082 295.857 -3.9 -5.9 -0.7
Gasoline, unleaded regular(5) 315.060 298.147 295.767 -4.2 -6.1 -0.8
Gasoline, unleaded midgrade(5)(6) 387.550 370.541 369.189 -2.5 -4.7 -0.4
Gasoline, unleaded premium(5) 340.981 329.464 328.438 -0.6 -3.7 -0.3
Medical care 495.863 - 503.564 - 1.6 -
Recreation(4) 127.776 - 126.324 3.0 -1.1 -
Education and communication(4) 162.552 - 163.242 2.8 0.4 -
Tuition, other school fees, and childcare(1) 1,558.567 - 1,597.316 3.7 2.5 -
Other goods and services 554.789 - 554.423 4.9 -0.1 -
Commodity and service group
All items 297.572 - 293.116 3.3 -1.5 -
Commodities 213.898 - 213.145 0.6 -0.4 -
Commodities less food and beverages 176.994 - 174.605 0.0 -1.3 -
Nondurables less food and beverages 209.842 - 205.156 1.9 -2.2 -
Durables 134.517 - 134.396 -2.7 -0.1 -
Services 382.365 - 374.468 4.8 -2.1 -
Special aggregate indexes
All items less medical care 290.089 - 284.875 3.4 -1.8 -
All items less shelter 279.826 - 280.161 2.1 0.1 -
Commodities less food 180.478 - 178.145 0.1 -1.3 -
Nondurables 248.438 - 247.350 1.8 -0.4 -
Nondurables less food 213.971 - 209.518 1.9 -2.1 -
Services less rent of shelter(3) 430.050 - 432.554 4.1 0.6 -
Services less medical care services 375.833 - 366.431 5.2 -2.5 -
Energy 290.189 280.949 278.301 -1.1 -4.1 -0.9
All items less energy 302.248 - 298.353 3.6 -1.3 -
All items less food and energy 305.779 - 300.649 3.9 -1.7 -
Footnotes
(1) Index on a December 1977=100 base.
(2) This index series was calculated using a Laspeyres estimator. All other item stratum index series were calculated using a geometric means estimator.
(3) Index on a December 1982=100 base.
(4) Indexes on a December 1997=100 base.
(5) Special index based on a substantially smaller sample.
(6) Index on a December 1993=100 base.
- Data not available.
Note: Index applies to a month as a whole, not to any specific date. Data not seasonally adjusted.
Last Modified Date: Wednesday, November 13, 2024
U.S. BUREAU OF LABOR STATISTICS Midwest Information Office Suite 960 230 South Dearborn Street Chicago, IL 60604
Telephone:1-312-353-1880 www.bls.gov/regions/midwest Contact Midwest Region
https://www.bls.gov/regions/midwest/news-release/consumerpriceindex_detroit.htm 4/4
Page 106 of 377
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 10, 2024 Title: Non Union Part Time & Limited Term Wage
Matrix
Submitted by: Dwana Thompson, Employee Department: Employee Relations
Relations Director
Brief Summary:
Each year we update the Part-time and Limited-term Wage Matrix for the upcoming year.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Financial Infrastructure
Goal/Action Item:
2027 Goal 4: Financial Infrastructure
Amount Requested: Budgeted Item:
Yes x No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No x N/A
Recommended Motion:
Approve the recommendations for the 2025 Part-time and Limited-term Wage Matrix
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 107 of 377
CITY OF MUSKEGON
2025 WAGE MATRIX FOR NON-UNION PART-TIME AND LIMITED TERM EMPLOYEES
Michigan Minimum Wage is $ 10.56 as of January 1, 2025
JOB TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7
GRADE 1 $ 12.50 $ 13.00 $ 13.50 $ 14.00
INTERNS AGE 16-17 (Minimum wage for Employees under Age 18)
SEASONAL YOUTH WORKERS BOYS & GIRLS CLUB & COMMUNITY ENCOMPASS
GRADE 2 $ 17.00 $ 18.00 $ 19.00 $ 20.00 $ 21.00 $ 22.00 $ 23.00
ARENA CUSTODIAN
FARMERS MARKET CUSTODIAN
SEASONAL LEISURE SERVICE MAINTENANCE WORKER
SEASONAL SUPERVISORS BOYS & GIRLS CLUB & COMMUNITY ENCOMPASS
GRADE 3 $ 16.50 $ 17.00 $ 17.50 $ 18.00 $ 18.50 $ 19.00 $ 19.50
BUILDING FACILITY CARETAKER
FARMERS MARKET ASSISTANT I
SCHOOL CROSSING GUARD
ARENA MAINTENANCE
SOCIAL DISTRICT SEASONAL WORKER
GRADE 4 $ 17.00 $ 18.00 $ 19.00 $ 20.00 $ 21.00 $ 22.00
FACILITY SUPERVISOR II
BEACH/PARK RANGERS (PUBLIC SAFETY)
SUPERVISORY INTERN (OVER 18)
GRADE 5 $ 17.00 $ 18.00 $ 19.00 $ 20.00 $ 21.00
INTERNS OVER 18
GRADE 6 $ 17.00 $ 17.50 $ 18.00 $ 18.50 $ 19.00 $ 19.50 $ 20.00
FACILITY SUPERVISOR I
SEASONAL BEACH EQUIPMENT OPERATOR
GRADE 7
BOARD OF CANVASSERS $25.O0 PER DIEM
BOARD OF REVIEW $13.50 per hour / 4 hour minimum
RECEIVING BOARD $75.00 per day
ELECTION WORKERS (INSPECTORS) $15.00 per hour
ELECTION WORKER CHAIRPERSON $18.00 per hour
ELECTIONWORKER CO-CHAIRPERSON $17.00 per hour
ELECTION SUPERVISOR $20.00 per hour
ELECTION SPECIALISTS $25.00 per hour
GRADE 8 $ 23.00 $ 24.00 $ 25.00 $ 26.00 $ 27.00 $ 28.00
POLICE RECRUIT
FARMERS MARKET MANAGERS ASSISTANT
Page 108 of 377
GRADE 9A $ 16.00 $ 16.80 $ 17.64 $ 18.52 $ 19.44 $ 20.42
EVENT SECURITY MANAGER
GRADE 9B $ 22.33 $ 23.45 $ 24.61 $ 25.85 $ 27.15
PART TIME POLICE OFFICER
PART TIME PROPERTY ROOM OFFICER
STEP-2 (500 hours); STEP-3 (1000 hours); STEP-4 (1500 hours); STEP-5 (2000 hours)
GRADE 9C $ 31.00 $ 32.00 $ 33.00 $ 34.00 $ 35.00
PT - FIRE INSPECTOR
Page 109 of 377
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 10, 2024 Title: Rezoning of 1095 3rd St from B-2 to FBC,
NC. SECOND READING
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Staff initiated request to rezone a portion of 1095 3rd Street from Convenience Comparison Business
(B-2), to Form Based Code, Neighborhood Core.
Detailed Summary & Background:
The City of Muskegon recently sold the former “Catholic Charities” property at the corner of
3rd/Houston. The developer plans to rehab the existing building into apartments and to also add
additional residential units, such as rowhouses, on the vacant portion of land along Houston Ave. The
portion of the property that contains the existing building is zoned Form Based Code, Mainstreet. Staff
is proposing to rezone the current B-2 portion of the property to Form Based Code, Neighborhood
Core. Staff believes this zoning designation would allow the most flexibility for different types of
housing units, as the addition is still being designed.
The Planning Commission unanimously voted (7-0, 2 absent) to recommend approval of the rezoning.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diverse housing types
Progress toward completion of ongoing economic development projects
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move to approve the request to rezone the property at 1095 3rd St from B-2, Covenience and
Comparison Business to Form Based Code, Neighborhood Core.
Approvals: Guest(s) Invited / Presenting:
Page 110 of 377
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 111 of 377
PLANNING COMMISSION PACKET EXCERPT
November 12, 2024
Hearing, Case 2024-34: Staff initiated request to rezone a portion of 1095 3rd Street from Convenience
Comparison Business (B-2), to Form Based Code, Neighborhood Core.
SUMMARY
1. The City of Muskegon recently sold the former “Catholic Charities” property that is now vacant
at the corner of 3rd/Houston. The developer plans to rehab the existing building into apartments
and to also add additional residential units, such as rowhouses, on the vacant portion of land along
Houston Ave.
2. The portion of the property that contains the existing building is zoned Form Based Code,
Mainstreet.
3. Staff is proposing to rezone the current B-2 portion of the property to Form Based Code,
Neighborhood Core. Staff believes this zoning designation would allow the most flexibility for
different types of housing units, as the addition is still being designed.
4. Please see the enclosed zoning ordinance excerpt for FBC, NC districts.
5. Notice was sent to all parcels within 300 feet of this property. At the time of this writing, staff had
not received any comments from the public.
1095 3rd St
Page 112 of 377
Zoning Map
Aerial Map
Page 113 of 377
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend the zoning map of the City to provide for a zone change for 1095 3rd St from
Convenience and Comparison Business (B-2) to Form Based Code, Neighborhood Core (FBC, NC).
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning from B-2 to FBC, NC.
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
Page 114 of 377
CERTIFICATE
(Rezoning 1095 3rd St from B-2 to FBC, NC)
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 26th day of November, 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. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of
2006, and that minutes were kept and will be or have been made available as required thereby.
DATED: ___________________, 2024 ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish Notice of Adoption to be published once within ten (10) days of final adoption.
Page 115 of 377
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on November 26, 2024, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning for 1095 3rd St from B-2 to FBC, NC.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the
City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2024
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 116 of 377
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 10, 2024 Title: Beach Parking Fees Summer 2025 - Update
Submitted by: Jonathan Seyferth, City Manager Department: Manager's Office
Brief Summary:
Staff is requesting a change to the recently approved beach parking fees.
Detailed Summary & Background:
Staff is recommending the following changes to address concerns about the newly adopted beach
parking fees.
The weekend (Saturday and Sunday) daily rate will be reduced from $20 to $15. Weekday rates
(Monday, Tuesday, Thursday, and Friday) will be $10 per day, and Wednesdays will be a free day.
We will offer a special sale price for seasonal passes until Jan. 16, 2025. The special will be a buy one
full-price beach pass and get another pass free. Public members are welcome to purchase as many
season passes as they wish, but only up to two free passes will be provided (you must buy two full-
price passes to receive two free passes)
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Enhanced Parks and Recreation Department and Services
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Amount Requested: Budgeted Item:
N/A Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No X N/A
Recommended Motion:
To approve the modifications to the 2025 beach parking rates as recommended.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
No
Page 117 of 377
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 118 of 377
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 10, 2024 Title: Senior Municipal Funding FY25
Submitted by: Sharonda Carson, CNS Director Department: Community & Neighborhood
Services
Brief Summary:
To approve allocations of the Municipal Senior Millage funding to city programs geared toward
citizens who are 60 years of age, or older.
Detailed Summary & Background:
An allocation of $122,780.00 from the county of Muskegon FY24 Municipal Senior Millage funding
is budgeted for the following programs;
Home Repairs (CNS): $102,780.00
Senior Power of Produce: $20,000.00
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
City of Muskegon
Goal/Action Item:
119
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
To approve the budget proposed for City of Muskegon programs utilizing FY25 Municipal Senior
Millage Funds from the County of Muskegon.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information
Technology
Other Division Heads
Page 119 of 377
Communication
Legal Review
Page 120 of 377
Page 121 of 377
Page 122 of 377
Page 123 of 377
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 10, 2024 Title: Mutual Aid Box Alarm System
Submitted by: Department: Public Safety
Brief Summary:
The City of Muskegon Fire Department would like to enter into the interlocal agreement with the
Muskegon County Mutual Aid Box Alarm System (MABAS) Division 3602.
Detailed Summary & Background:
As was discussed during the Legislative Policy Committee meeting on Monday, Dec. 2, the
Mutual Aid Box Alarm System (MABAS) is a statewide mutual aid agreement that covers
liability and authority to receive and provide mutual aid to other Fire Departments that have
signed the MABAS Agreement. These department resources that come from across the
state or in the neighboring community.
Through mutual aid, MI-MABAS has the capability to provide emergency response locally or
statewide when lives, property or the environment is threatened by man-made,
technological or natural disasters or emergencies by deploying fire resources, emergency
medical services, technical rescue teams, hazardous materials teams and other special
rescue operations needed and requested by the host/stricken community.
There are currently 13 fire departments in the Muskegon County MABAS Division 3602.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
$0 Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
I move to have the Mayor and the City Clerk sign the resolution for the City of Muskegon Fire
Department to participate in the Muskegon County Mutual Aid Box Alarm System Division.
Page 124 of 377
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 125 of 377
A RESOLUTION FOR APPROVAL OF THE CITY OF MUSKEGON FIRE
DEPARTMENT TO PARTICIPATE IN THE MUSKEGON COUNTY MUTUAL AID
BOX ALARM SYSTEM DIVISION
RESOLUTION NUMBER: __________________________
WHEREAS City of Muskegon has the power, privilege and authority to maintain
and operate a fire department providing fire protection, fire suppression, emergency
medical services, technical rescue, hazardous incident response, and other emergency
response services (“Fire Services”); and
WHEREAS, Fire Services can further be improved by cooperation between
political subdivisions during times of public emergency, conflagration or disaster
(“Incidents”); and
WHEREAS, the Michigan Constitution of 1963, Article 7, § 28, and the Urban
Cooperation Act of 1967, Act No. 7 of the Public Acts of 1967, Ex. Sess., being MCL
124.501 et seq. (the “Act”), permits a political subdivision to exercise jointly with any
other political subdivision any power, privilege, or authority which such political
subdivisions share in common and which each might exercise separately and
WHEREAS, the City of Muskegon Fire Department desires to enter into an
interlocal agreement, pursuant to the Act, to further improve Fire Services and
WHEREAS, the Mutual Aid Box Alarm System (MABAS), is a mechanism that may
be used for deploying personnel and equipment in a multi-jurisdictional or multi-agency
emergency mutual aid response and
WHEREAS, as a result of entering into an interlocal agreement to further improve
Fire Services, the Parties are creating the Muskegon County MABAS Division and
WHEREAS, City of Muskegon has the authority to execute this Agreement
pursuant to resolution of its governing body; and
WHEREAS, City of Muskegon Fire Department desires to commit personnel and
equipment to another Party if deemed reasonable upon the request of another Party;
and
NOW, THEREFORE BE IT RESOLVED: City of Muskegon Commission
finds it is the best interest of its citizens from a safety and fiscal standpoint
to enter into the Interlocal Agreement creating the Muskegon County MABAS
Division and agrees to appoint one member to the MABAS Executive Board.
Page 126 of 377
Current Fire Departments in the Mutual Aid Box Alarm System
Blue Lake Fire
Casnovia Fire
Dalton Fire
Egelston Fire
Fruitport Fire
Holton Fire
Muskegon Heights Fire
Muskegon Township Fire
Moorland Township Fire
North Muskegon Fire
Norton Shores Fire
Ravenna Fire
White Lake Fire Authority
Page 127 of 377
BY-LAWS
MUTUAL AID BOX ALARM SYSTEM
DIVISION 3602
Article I: Purpose
A. To coordinate working relations and capabilities between all Fire
Departments within MABAS Division 3602 and with the MABAS-MI Executive
Board, for the effective and efficient provision of mutual aid. To
coordinate and ensure the ability of Division 3602 member organizations
to respond to identified technical emergency events beyond the
capabilities of the individual member agency. To develop future
capabilities as may be identified by Division 3602 that will increase the
protection provided to technical, natural, and man-made emergencies
that could occur in Division 3602.
Article II: Participation
A. Membership shall be made up of Active Members:
An Active Member is a fire department with membership in MABAS
Division 3602 as authorized by the MABAS-MI Executive Board.
B. Participation shall be contingent upon the adoption of an ordinance
authorizing membership in MABAS-MI, the execution of the MABAS-MI
contract, and payment of such sums and under such conditions as outlined in
these By-Laws which shall be established by a majority vote of the
participating members of MABAS Division 3602. New participants shall be
admitted upon the recommendation of a majority vote of the members
of MABAS Division 3602.
C. Current Members (as of 2-01-2014)
Active Members
Blue Lake Township Fire Department
Casnovia Township Fire Department
Dalton Township Fire Department
Egelston Township Fire Department
Holton Township Fire Department
Moorland Township Fire Department
Muskegon Charter Township Fire Department
Muskegon Heights Fire Department
North Muskegon Fire Department
Norton Shores Fire Department
Ravenna Township Fire Department
White Lake Fire Authority
Page 128 of 377
Article III: Organization
A. Membership Representative
Each Active agency's Representative will be the Department's Chief or
Director.
B. Meetings
1. Six (6) meetings to be held annually, approximately every two
months apart. Additional meetings to be called by the President
or by a majority vote of the MABAS Division 3602 Agency
Representatives.
2. Where not otherwise specified in the By-Laws, “Robert’s Rules
of Order” shall govern the conduct of business as all MABAS
Division 3602 meetings.
C. Voting
A quorum shall be a majority of the active members of the MABAS
Division 3602 Agency Representatives. Each member department
shall have only one vote, which can only be cast by the Agency
representative, or the registered alternate, if an alternate has been
designated by Article III, Section D (7).
D. Duties of Members
1. Establish operational guidelines for MABAS Division 3602.
2. Approve new members by majority vote.
3. Adopt the annual budget for MABAS Division 3602.
4. Authorize any officer or agent to enter into any contract or
execute and deliver any instrument within the purpose of
MABAS Division 3602 in the name of and on behalf of MABAS
Division 3602.
5. Select an audit committee on an annual basis to review the
records relating to the collection and distribution of all MABAS
Division 3602 funds.
6. Authorize any officer or agent to sign checks or other orders for
payment of money, notes, or other evidence of indebtedness
issued in the name of MABAS Division 3602.
7. Each Agency Representative may designate in writing one or
more alternates who may represent the member Department in
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the absence of the Agency Representative. The designation
must be filed with the Secretary of the Division before recognition.
8. A President, a Vice President, a Secretary, and a Treasurer shall
be elected from among the Representatives at the February
meeting and such President, Vice President, Secretary and
Treasurer shall serve a term of two years. Election shall be held
in odd years. The persons occupying the positions of President,
Vice President, Secretary, and Treasurer automatically vacate
those positions upon resignation, death, or if no longer serving
as the Agency Representative.
9. The President and the Vice President or designee shall
represent Division 3602 to the MABAS-MI Executive Board.
E. Duties of the President
1. Shall administer the affairs of MABAS Division 3602.
2. May sign any instrument authorized by the membership to be
executed.
3. Shall preside as Chairman at all meetings of the Division and
perform all duties incidental to the role of President.
4. Sit as the Division Representative on the MABAS-MI Executive Board.
F. Duties of the Vice President
1. Shall have the same duties as the President when the President
is absent, incapacitated or has vacated the office.
2. Shall oversee all established committees
G. Duties of the Secretary
1. Shall keep full minutes of the proceedings at all Division
meetings.
2. Shall maintain all the records and correspondence of the
Division and deliver same to his successor within ten days of
leaving office.
H. Duties of Treasurer
1. Shall be responsible for the custody of all the assets of the
Division.
2. All monies of the Division shall be deposited by the Treasurer in
a chartered bank located in Muskegon County, MI.
3. Shall supervise the collection and disbursement of all funds and
shall disburse such funds per the Division 3602 By-Laws.
4. The Treasurer shall be bonded when funds exceed $10,000.00
Page 130 of 377
Article IV: Property and Equipment
A. All property and equipment acquired by Division 3602 shall be owned in
common by the various jurisdictions of Division 3602, unless otherwise
determined in writing by the parties. Said equipment may be borrowed
by any member subject to the equipment loan policies of the Division.
All installation, maintenance, and repair orders for Division 3602 equipment
shall be directed through Division 3602. Any member may at any time
loan property or equipment to Division 3602 for use by its members. Such
property or equipment shall continue to be owned and insured by the
loaning party.
B. The purchase or acquisition of real property by or in the name of
MABAS Division 3602 shall require the approval of a majority of Division 3602
Members.
C. Upon resignation from MABAS Division 3602, expulsion or dissolution of
the unit of local government, a Member shall forfeit all rights, titles and
interest in any or all property owned jointly by MABAS Division 3602.
Article V: Finances
A. The fiscal year for the Division begins each January 1st and ends each
December 31st.
B. Annual dues will be collected from each member department in an
amount, which will be established each fiscal year by a vote of the
membership.
Article VI: Operational Guidelines
A. Procedures as outlined in “MABAS Division 3602 Operating Guidelines”.
B. The currently adopted Muskegon Area Fire Chiefs Association General
Operating Procedures shall become part of the By-Laws by reference.
Page 131 of 377
Article VII: Committees
A. The following standing committees are established each of which will
be chaired by a Chief Officer or Director appointed by the President with
the consent and approval of the membership: (use as set forth by the MAFCA)
1. By-Laws
2. Budget/Finance/Audit
3. Dispatch & Communications
4. Training
5. Fire Prevention
6. Special Response Teams
7. Task Force
8. Operations
B. Ad hoc committees may be established by the President. The
President will appoint the chairperson and the members of any such ad
hoc committee.
Article VIII: Expulsion, Withdraw
A. Voluntary Withdraw
Any member may terminate its participation in the Division at any time
provided that the member wishing to terminate its participation shall
give written notice to the Board of the Division specifying the date of
termination, such notice to be given at least 90 calendar days before
the specified date of termination of participation. The written notice
provided herein shall be given by personal delivery, registered mail or
certified mail to the President of the Division.
B. Expulsion of Members
By a vote of two-thirds (2/3) of the entire membership of MABAS
Division 3602, any member may be expelled for one or more of the
following reasons. Such expulsion shall take effect ninety (90) days
after the required vote.
1. Failure to make any payments due to MABAS Div 3602
2. Failure to carry out the obligations of a member which impairs
the ability of MABAS Division 3602 to carry out its purpose or
powers. No member may be expelled except after notice from
Division 3602 of the alleged failure, along with a responsible
opportunity of not less than thirty (30) days to cure the alleged
failure. The member may request a hearing before the
membership before a decision is made as to whether the
expulsion shall take place. The President shall set the date for
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a hearing which shall not be less than fifteen (15) days after
the expiration of the time to cure has passed. A decision by
the Division to expel a member after notice a hearing and
failure to cure the alleged defect shall be final.
Article IX: Amendments
A. These By-Laws may be amended by the agreement of a majority of the
MABAS Division 3602 Agency Representatives, provided the
amendment has been recommended by a majority of the MABAS
Division 3602 Representatives and submitted in writing to all members
not less than fifteen (15) days prior voting date. Approved amendments
may be adopted at any MABAS Division 3602 Representatives
meeting.
Article X: Effective Date
A. Approved and adopted:
Page 133 of 377
MABAS DIVISION 3602
STATEWIDE MUTUAL AID
DEPLOYMENT PLAN
Confidential Page 1 Approved:
Page 134 of 377
MABAS DIVISION 3602
STATEWIDE MUTUAL AID
DEPLOYMENT PLAN
SECTION I: COMMUNICATIONS
SECTION II: DEPLOYMENT
SECTION III: TRANSPORTATION
SECTION IV: POD CHIEF JOB DESCRIPTIONS
SECTION V: APPENDIX
Operational Guidelines
Purpose: This plan describes the actions needed to communicate, deploy, respond, and
demobilize personnel involved in a statewide mutual aid deployment.
Scope: This plan is limited to operations and information at the MABAS Division 3602
level and implemented for a statewide response until the deployed units have
returned to the POD.
Definitions: Local FD – local fire department apparatus and personnel must respond per the
Statewide flow plan and MABAS Division 3602 Statewide Response Box Cards.
MABAS Division 3602 Dispatch – Muskegon Central Dispatch is the primary
dispatch.
Point of Departure (POD) – Unless otherwise specified, the pre-designated
gathering location designated Norton Shores Fire Station #3 to gather personnel,
apparatus, and equipment for a statewide mutual aid response for a Southern
deployment, Egelston Fire Department for an Eastern deployment and Dalton
Fire Department for a Northern Deployment. This will be determined by the 3602
Division Executive Director. The POD will be staffed by a designated fire chief
who will serve as the POD coordinator. The POD coordinator will assign
additional staff to perform POD tasks as needed.
Staffing – Staffing for Statewide deployments shall meet the minimum
requirements of the MABAS policy as follows:
Ambulance – 2 Engine – 4 Truck – 4 Squad – 4
Tender – 2 Brush – 2 Haz-Mat – 10 TRT – 10
Deployment – There are 3 levels of deployments.
Scramble – 30 min. response, onsite for up to 24hrs.
Standard – enroute within 3 hrs., onsite for up to 72 hrs.
EMAC – in route within 24 hrs., onsite up to 14 days.
Confidential Page 2 Approved:
Page 135 of 377
SECTION I: COMMUNICATIONS
1. RED Center HVA Ann Arbor, MCC, or the State EOC will notify MABAS Division
3602 (MCD) via telephone (CodeRed, LEIN, email) of the activation of the plan.
RED Center HVA Ann Arbor and/or MCC or the State EOC will provide:
a. Validation security codes to Div. 3602. DO NOT release these codes over
any radio frequency. A Muskegon County fire chief (Div Rep) will call Div.
3602 on the phone for the codes before the required fire units from
Muskegon County leave the POD to travel to the stricken reception site.
b. Information about the incident.
c. Apparatus, personnel & equipment to send.
d. Routing and caravan process.
e. Reception site.
The form in Appendix A will assist the dispatcher in gathering the required information.
Division 3602 will page all Div 3602 Chiefs and contact the appropriate POD chief by
telephone.
The form in Appendix B will assist the MABAS Division 3602 Dispatcher in
notifying the dispatch centers with the correct information.
The MABAS Division 3602 dispatcher will track all apparatus, personnel &
equipment reported by the other Dispatch centers on the form in Appendix C.
If the notification is by toning out, the toned message should have the
department call the MABAS Div 3602 dispatch center. If the message goes out
by phone or when the toned departments call in by phone, MABAS Div 3602
dispatch center will relay the information from MABAS/EOC to the Div. 3602
departments.
a. This is an activation of the Statewide MABAS plan.
b. Name and card number of MABAS Task Forces requested
c. Departments, personnel, and equipment due to respond to the POD
The MABAS Div 3602 dispatch center will determine the availability of the
requested apparatus, personnel, and equipment from the required departments.
The MABAS Div 3602 dispatcher will track all apparatus, personnel & equipment
reported by the Div 3602 fire departments on the form in Appendix D.
Even if a department is not due with a resource, they should be notified by the
Confidential Page 3 Approved:
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Dispatch center as they may be needed to assist at the POD. Specifically, Chief
Officers of the non-responding departments will be required. Departments not
responding need to be aware of the decrease in county assets and the status of
the major incident occurring. Due to the deployment, departments may see an
increase in local mutual aid requests.
1 Departments must acknowledge the box alarm and available resources within 20
minutes and contact Div 3602 Dispatch center via telephone.
2. RESPONDING UNITS – Units enroute to the POD and responding to the
reception area SHALL NOT transmit on the fire frequency.
Once arriving at the reception area, a staging officer will then direct frequency
assignments for operations.
** Response to the POD for a statewide deployment is non-emergency.**
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MABAS Div. 3602 Communications Flow
Chart
Red Center Dispatch
Lansing Dispatch
MABAS Div. 3602 Point of Departure
(POD)
Muskegon Central Norton Shores #2
Dispatch 3620 Airline
(MCD) Norton Shores, MI
231-739-6597
Alpha Page all
Div. 3602
Chiefs
Requested Depts:
Contact Div Rep
Send Rep to POD
Obtain Apparatus
and resource
availability list.
The message should be as follows: “There has been an activation of the
Statewide MABAS plan. MABAS card # --- has been requested. Departments,
manpower and equipment due are to contact 3602 Div Rep. with their
availability and ETA to the POD. Information is to be relayed by telephone.
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4. MABAS Div. 3602 will gather the information from the individual
departments and dispatch centers. When all requested apparatus,
personnel & equipment are accounted for; MABAS Div. 3602 will call RED
Center, or the MCC and report the information.
Should a requested resource not be available from a Primary fire
department, MABAS Div. 3602 will fill the resource from the Secondary
fire department list on the box card.
5. The first Muskegon County Fire Chief at the POD will establish POD
COMMAND and call MABAS Div.3602 Dispatch by phone, 231-728-2311,
after arriving at the POD. The POD IC will only report that the POD is
activated and ready to receive information, and then the IC will hang up.
MABAS Div. 3602 dispatch will then call the designated POD and ask to
speak to the POD IC. When the POD IC comes on the line, Div. 3602
dispatch will give the POD IC all the information they received from RED
Center, the availability of the requested apparatus, personnel & equipment
and the validation security codes.
AUTHORIZED CHIEFS – the following fire chiefs are the only authorized
personnel to receive information from the MABAS division 3602 dispatch
center:
REFER TO APPENDIX P
FOR AUTHORIZED FIRE CHIEFS
6. The POD IC will determine the number of POD Chiefs / Staff required for
the operation. Once the number of POD staff has arrived and is adequate
for the operation, the remaining personnel responding to the POD may be
returned.
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SECTION II: DEPLOYMENT
Procedure:
Upon notification of a statewide mutual aid response per the communications plan, a
designated group of fire chiefs (POD Coordinators) and local fire departments assigned
to the box alarm (personnel, apparatus & equipment) will report to the POD.
POD Coordinators
The POD Coordinators will maintain a log of all activities and communications
received/transmitted using the POD log form – Appendix J.
The POD Coordinators must ensure the Transportation Plan in Section III is
implemented.
The POD Coordinators will arrange for a point of contact to be available for the entire
deployment duration. This point of contact will serve as a point of contact for fire
departments, deployed team members, and family members to ensure security is
maintained.
POD COORDINATORS ASSIGNMENTS
The POD Chiefs will be assigned to perform the following tasks according to the
procedure and job descriptions (Section IV) and fill out the associated worksheets:
Accountability Worksheet Appendix E
Emergency Contact Information Appendix F
Personal Equipment Check Appendix G
Deployment Bag Worksheet Appendix I
POD Activity Log Appendix J
MABAS Communications Appendix K
Directions & Maps Appendix L
Staging Officer Worksheet Appendix M
Money Transfers Appendix N
Personnel Accountability Appendix O
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Personnel:
Responding personnel from each local FD shall be limited to the required certification
level and staffing number as required by the MABAS Division 3602 statewide box card
and MABAS policy.
Apparatus:
The type of apparatus designated by the MABAS Division 3602 statewide mutual aid
box card will meet at the POD.
Arrival at Point of Departure:
• Upon arrival at the POD, members will check in for accountability. A picture ID
card and PASSPORT TAGS are required.
• Members will be briefed as to the incident type and status.
• Each responding member will complete a member information form (Appendix f)
before departure. One copy will be maintained at the POD, and one copy will
travel with the team/task force leader.
• Each member, in addition to his personal gear, will be issued a personal
clothing/equipment cache and/or a deployment bag.
• SECURITY: Personal gear will be searched for security reasons. Video and still
cameras will not be permitted. Cell phones and pagers may be collected by the
team leader and traveled with the team/task force at the team leader's discretion,
in consultation with the POD Coordinator, as determined by operational needs.
• The team leader will be issued an emergency cash stipend for the responding
team’s operational needs. Each department will supply operating funds for its
individual personnel as it deems necessary (examples include funds for fueling
vehicles, food during transportation, etc.).
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SECTION III: TRANSPORTATION
Procedure:
Per the communication plan, designated responders will bring selected department
vehicles to the POD upon notification of a statewide mutual aid response. If available,
the responder should bring the 800 MgHz interoperability radio with them.
Departments whose personnel are due on the box should respond with the vehicle that
is due on the response. If no personnel are due, then the department would need to
bring the transport vehicle to the POD, and the responders will use the vehicle. The FD
driver will be returned to their station. Fire department personnel will bring vehicles to
the POD that need to be returned to their stations; the overhead team of POD Chiefs
will take care of those arrangements.
Statewide Mutual Aid Boxes: MABAS Division 3602
PRIMARY PERSONNEL TRANSPORT VEHICLES
F. D. VEHICLE TYPE # PASSENGERS
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SECTION IV
POD CHIEFS
JOB DESCRIPTIONS
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POD Chiefs
Incident Commander
Location: Secured area, separate from technicians and response personnel, with telephone
access.
Assigned By: The first arriving POD Chief is to assume this role.
Assignment:
Coordinate all POD Chiefs. Provides ultimate direction to the activities of the POD
assembly, preparedness, and response.
Coordinate monitoring of radio communications and any other pertinent frequencies.
Coordinate communication between MABAS Division 3602 and POD.
Tasks:
Upon arrival at the POD, the Incident Commander will contact MABAS Division 3602
dispatch directly via the telephone. The POD Coordinator will provide their name and
callback phone number to Div 3602 dispatch and inform dispatch the POD is now
staffed.
MABAS 3602 dispatch will call the POD Coordinator back and provide response
information.
IC will maintain an ongoing dialogue with MABAS Division 3602 dispatch center
IC will determine the status of all responding apparatus
If internal communications are going to be used, IC will assign frequency for all POD
personnel.
As other POD Chiefs arrive, the POD Coordinator will assign the following positions in
the following order:
1. Operation Coordinator
2. Logistics/Staging Coordinator
3. Planning/Communications Coordinator
The POD Coordinator may request secretarial assistance if necessary. Secretarial staff
must maintain discretion regarding the information they are subject to.
The POD Coordinator will provide Command, Communications, and Control direction to
all personnel responding to the alarm.
Provide relief as necessary for other POD Chiefs and arrange relief for themself during
extended operations.
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Provide “password” and “authentication matrix” to the Apparatus Coordinator.
Issue Petty Cash as necessary to Team(s)/Task Force Leaders
Ensure continuous point of contact during the duration of the event.
Serve as the point of contact between the Task Force Leader or Team Leader during the
response.
Arrange relief for response personnel as necessary.
Provide regular updates to the POD Staff.
Forms Utilized:
1. Form A – MABAS Dispatch Information
2. Form B – MABAS Division 3602 Dispatch Form
3. Form C - MABAS Division 3602 Dispatch Resource Sheet (called in)
4. Form D – MABAS Division 3602 Dispatch Resource sheet (checked in)
5. Form J – POD Activity Log
6. Form K – Communication Worksheet
7. Form N – Money Transfer Worksheet
8. Form O – MABAS Division 3602 Abbreviations
9. Packet P – MABAS Division 3602 Deployment Plan
10. Packets, Q, R, S, T, U, V, W – Box Alarm Cards
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POD Chiefs
Operations Coordinator
Location: Apparatus Floor
Assigned By: Incident Commander
Assignment:
Assign the necessary assistants to complete all assignments and fulfill the administrative,
security, and personnel coordination tasks as described below:
o Assist the various POD Chiefs throughout a POD deployment
o Maintain comprehensive records on all POD activities
o Provide technical assistance as necessary
o Ensure that the facility is secured and that only credentialed and authorized
persons are admitted to the building.
o Provide direction and information to arriving authorized personnel.
o Coordinate assembly of the task force. Brief assigned response personnel.
Ensure each assigned member completes the Emergency Accountability
Worksheet
o Ensure a copy of each member's Emergency Accountability Worksheet is made
and supplied in an envelope to the Task Force Leader
o Log in cellular phone numbers or other 2-way communication device numbers for
all personnel with copies to POD and task force leaders. (Use the ICS Form 205a)
o Ensure each member is properly equipped and issued the necessary equipment
Administrative Tasks:
Upon arrival at POD, check in with the POD Coordinator
Begin logging events, noting times and names
Provide technical assistance using databases and communication devices as necessary
Communicate between the various POD Divisions as necessary
Provide organizational support throughout the operation
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Security Tasks:
Assign personnel to assist in manning entry points and validating personnel entering the
building, ensuring that non-credentialed personnel are not allowed into the building.
Ensure that all exterior doors to the building (other than the front door) are locked,
secure, and posted with “No Admittance” signs
o The main entry door should be posted “Authorized Personnel Only”
Obtain a key card or key from site personnel
Collect and tag personnel vehicle keys. Maintain control of personnel vehicle keys until
personnel departs. Upon departure secure keys in POD.
Ensure that personnel requesting entry are listed on the Statewide Box Card(s) and have
the appropriate ID card before allowing them entry into the facility. Non-tactical level
personnel are to present their department identification or in the absence of a department
ID, a valid driver's license (Confirmed via telephone with the responding agency), before
being allowed entry into the facility.
Ensure that the facility remains secure and that only authorized persons are admitted for
the duration of the event.
Coordinate with the local facility Shift Commander.
Forms Required:
1. Form J – POD Activity Log
2. Form O – MABAS Division 3602 Abbreviations
3. Packet P – MABAS Division 3602 Deployment Plan
4. Packets Q, R, S, T, U, V, W – Box Alarm Cards
5. Form X – Door Signs
6. Form Y – Password Envelopes
Personnel Coordination Tasks:
Maintain all assigned personnel in the assigned area. Prohibit team members wandering
or interfering with other activities
Ensure that each member completes an Emergency Accountability Worksheet and that a
copy of the form is made, with distribution as follows:
o The originals will be placed in a master file
o Sealed copies will be delivered to the task force commander
Ensure personnel have been issued equipment per Personnel Equipment Worksheet G
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Ensure personnel have been issued deployment bags per Deployment Bag Worksheet I
Maintain an Activity Log (J) for all actions and events leading up to deployment
Review the map and directions provided by the Apparatus Chief with the Team Leader or
Task Force Commander
Provide the Team Leader or Task Force Commander with two copies of the box alarm
card being requested
Confirm that a FACT sheet and “Password” envelope has been issued to the Team Leader
or Task Force Commander
Collect Passports from each entity and distribute them to Team Leader
Forms Required:
1. Form E – Accountability Worksheets
2. Form F – Emergency Contact Information Worksheets
3. Form G – Personal Equipment Check
4. Form I – Deployment bag worksheet
5. Form J – POD Activity Log
6. Form O – MABAS Division 3602 Abbreviations
7. Form P - MABAS Division 3602 Deployment Plan
8. Packets Q, R, S, T, U, V, W – Box Alarm Cards
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POD Chief
Logistics/Staging Coordinator
Location: Apparatus Bay
Assigned By: POD Chief
Assignment:
Ensure that personnel assigned to respond to the event are properly equipped for
extended operations.
Ensure the coordination of arriving and departing apparatus and equipment
Ensure apparatus type and staffing requirements as determined by the specific MABAS
Alarm Card(s)
Provide direction and information to arriving and departing companies
Tasks:
Don the “Logistics” identification vest
Review the Personnel Equipment Worksheet (Form “G”) and ensure that personnel are
properly equipped.
Review the Deployment Bay Worksheet (Form “I”) and issue equipment as indicated.
Ensure the delivery of the equipment trailer to the POD
Oversee the loading of equipment into the equipment trailer.
Ensure compatibility of the equipment trailer and tow vehicle.
Contact Police for traffic control and security of equipment
Ensure that local facility apparatus has relocated to provide adequate parking for arriving
equipment while providing the local department with response vehicle access
Should more than one MABAS alarm be called, provide easily identifiable and separate
staging areas for each separate alarm assignment
Ensure correct apparatus, personnel, and equipment per box alarm card(s)
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Instruct personnel where to enter the facility
Coordinate response route to the scene, provide maps as required
Coordinate directions to the scene reception area and provide maps/instructions as
necessary
Receive a sealed “password” envelope and “authentication matrix” from the POD
Operations Coordinator.
Continue to receive and provide information and status to the POD Coordinator
Issue “password” and “authentication matrix” to Taskforce Commander or Team Leader
before their departure.
Forms Required:
1. Form D – Resource worksheet for staging coordinator
2. Form G – Personal Equipment Worksheet
3. Form I – Deployment Bag Worksheet
4. Form J – POD Activity Log
5. Form L – Direction & Maps Worksheet
6. Form M – Vehicle Assignment Worksheet
7. Form O – MABAS Division 3602 Abbreviations
8. Packet P – MABAS Division 3602 Deployment Plan
9. Packets Q, R, S, T, U, V, W – Box Alarm Cards
10. Taskforce or Team Vehicle Identification – As Developed
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POD Chief
Planning / Communications Coordinator
Location: POD
Assigned By: POD Coordinator
Assignment:
Monitor all radio communications. Assume point of contact responsibility between
Division 3602 dispatch and POD facility. Communicate directly with the POD
Coordinator.
Tasks:
Check in with the POD Coordinator
As soon as possible, contact MABAS Division 3602 via telephone and establish an
ongoing dialogue.
Determine from MABAS Division 3602 the status of apparatus and personnel due to
report to the POD.
Communicate with the local facility Shift Commander for instruction and assistance as
needed.
Coordinate with the POD Logistics Chief to ensure apparatus and staffing requirements
are met.
Coordinate with the POD Operations to ensure each firefighter is properly credentialed
and that each firefighter has completed the Emergency Contact Information worksheet.
Provide regular briefings to the POD Operations.
Procure cash and credit cards from safe for the response team and have the deployment
Chief sign the Money Transfer Form
Develop a plan for demobilization of the deployment Team to include:
o Preparing POD for team return
o Contact MABAS 3602 Chief’s and team member’s families regarding ETA of
team to POD
o Returning of all secured personal items to team members and having them sign
acknowledgment statement
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o Upon the team’s return inventory equipment and supplies to determine need for
replacement
o Provide for “debriefing” of team members if needed
Forms Required:
1. Form A – MABAS Dispatch Information
2. Form B – Quad Dispatch Form
3. Form C – MABAS 3602 Dispatch Resource Worksheet
4. Form D – MABAS 3602 Quadrant Dispatch Resource Worksheet – one per quadrant
5. Form J – POD Activity Log
6. Form K – Communications Worksheet
7. Form N – Money Transfer Worksheet
8. Form O – MABAS Division 3602 Abbreviations
9. Packet P – MABAS Division 3602 Deployment Plan
10. Packets Q, R, S, T, U, V, W – Box Alarm Cards
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SECTION V
APPENDIX
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STATEWIDE RESPONSE
MABAS Div. 3602 Dispatch Worksheet
To be used by the MABAS Dispatcher & POD Coordinator
Agency Initiating Notification: Operator Making Notification & Badge #:
Date of official notification: Time:
Call back contact person & Badge #: Phone #:
Location of Incident: Type of Incident:
DIVISION 3602 APPARATUS, PERSONNEL & EQUIPMENT DUE: (CIRCLE ALL THAT
APPLY)
BOLD= PRIMARY NORMAL PRINT= ALTERNATE
Statewide Contact Freq. Response Group Freq.
Routing & Reception:
Response type (Circle one) Scramble(30min response) Standard (enroute 3hrs onsite up to 3 days)
EMAC (enroute 24hrs, onsite 14 days)
MCC mission number: Validation / Security Code:
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MABAS DIVISION 3602
Form A
To be used by MABAS Div. 3602 Dispatch
MABAS DISPATCH NOTIFICATION
MABAS Division 3602 Dispatch shall notify each designated DEPARTMENT by phone
to execute the statewide activation procedure. The DEPARTMENT Dispatch shall notify
the fire department.
Type of Incident: Location of incident:
Time of notification: Card #:
Notification received from:
MABAS DIV. 3602 Chiefs Text Message:
“This is an activation of the Statewide MABAS plan. The POD Chiefs and the
Following Task Forces are requested:
List Departments, Manpower and Equipment that is due. (list from box card)
State that the departments are to notify MABAS Div. 3602 Dispatch (MCD) within 30
minutes of the availability of the apparatus, personnel, and equipment required from
their department, that those resources are to be at the DESIGNATED POD in 30
minutes after they were notified and that the units are to stay off the Dispatch Talkgroup
NOTIFICATIONS:
Person Completing Form: Time:
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MABAS DIVISION 3602
Form B
MABAS DIVISION 3602 DISPATCH
RESOURCE WORKSHEET
To be used by Division 3602 Dispatch
Division 3602 Statewide Mutual Aid Box Card Activated:
List the personnel, apparatus, and equipment available for statewide deployment from
each Department that has called in:
Time
Number Notification
F. D. Equipment Called Additional Info
Personnel Time
In
Alternate
Alternate
Alternate
Completed by: Date: Time:
Use additional sheets if required. Forward information to Point of Departure via
Fax #
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MABAS DIVISION 3602
Form C
DISPATCH RESOURCE WORKSHEET
To be used by Staging Coordinator at POD
Division 3602 Statewide Mutual Aid Box Card Activated:
List the personnel, apparatus, and equipment for statewide deployment from each
department that has checked in:
Time
Number Notification Called in Checked in
F. D. Apparatus
Personnel Time to at POD
Dispatch
Use ICS Form 211?
Completed by: Date: Time:
Use additional sheets if required.
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MABAS Division 3602
Appendix E
Statewide Deployment Plan
Accountability Worksheet
PURPOSE:
In the event a MABAS statewide Box Card is activated personnel arriving at the
POD will need to be credentialed. Each Statewide MABAS Box Card has a
predetermined response that must be adhered to. In the event personnel
respond to the POD for deployment, and are not credentialed, they must be
returned. Strict enforcement of credentials for responding personnel is important.
POLICY:
Point of Departure (POD) Accountability Chief Responsibility
ICH
A. The POD Chief assigned the task of accountability shall perform the following
tasks before the convoy leaves the POD.
1. Determine the MABAS Statewide Box Card/Cards called. From the Box
Card determine the appropriate units and technicians that will be
responding to the POD. Using the MICHIGAN MABAS BOX CARD
determine the appropriate staffing for each vehicle responding. Use
attached worksheet.
2. No Task Force member will be permitted to leave the POD until his or her
credentials are checked. A check in area will be established prior to
members entering the POD.
4. Collect and return all completed credential information to the POD Chief or
designee.
B. Materials needed to complete task:
Materials Amount Completed
Statewide MABAS Box Cards 1 Set
Muskegon County Fire Department’s 1
Deployment Plan
Credential Work Sheet Determined by MABAS Card
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MABAS Division 3602
Appendix E
Statewide Deployment Plan
Credential/Accountability Worksheet
To be used by Lobby & accountability
Staffing Requirements For Statewide Plan
Ambulance 2 Minimum Certified Paramedic
Engine 4 Minimum MI Firefighter II
Tender 2 Minimum MI Firefighter II
Truck 4 Minimum MI Firefighter II
Squad 4 Minimum MI Firefighter II
Brush Truck 2 Minimum MI Firefighter II
TRT 10 Minimum TRT Technician
1 per Dept
Haz-Mat 10 Minimum Haz-Mat Technician
1 per Dept
Water Rescue 10 Divers must be a dive team member
Name F. D. Time In ID Check Credential Time
Function
Check Out
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Name F. D. Time In ID Check Credential Time
Function
Check Out
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MABAS Division 3602
Appendix F
Statewide Deployment Plan
Emergency Contact Information
PURPOSE:
In the event a team member being deployed to an incident is involved in a
serious injury or death, information must be available which can be used to
contact immediate family for notification. Officials responsible for notification must
have access to current and correct information.
POLICY:
Point of Departure (POD) Emergency Contact Information Chief Responsibility
A. The POD Chief assigned the task of collecting emergency contact information
shall perform the following tasks before the convoy leaves the POD.
1. Determine the MABAS Statewide Box Card/Cards called. From this Box
Card prepare Emergency Contact Information sheets for each team
member being deployed.
2. Distribute Emergency Contact Information sheets to each Task Force
member and instruct the member to complete the form. Stress the
importance of this information. Explain that this information will be used to
notify immediate family in the event of an emergency.
3. No team member will be permitted to leave the POD until the Emergency
Contact Information sheet is completed.
4. The team member will then place the completed Emergency Contact
Forms in a sealed envelope and print their name on the outside of the
envelope. The team leader or POD Chief will only open the envelope in
the event of an emergency.
5. Collect and return all completed Emergency Contact Information sheets
to the POD Chief or designee.
B. Materials needed to complete task:
Materials Amount Completed
Emergency Contact Information Determined by Box Card
Sheets
Pens At least 6
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MABAS Division 3602
Emergency Contact Information
PLEASE READ:
The information you provide will be used ONLY in the event you are involved in a serious injury or death.
Officials responsible for notification must have access to current and correct information. Please take time
to fill out the form fully and accurately.
PERSONAL INFORMATION
Last Name First Name MI
Home Address
City State Zip Code
Daytime Phone Number Evening Phone Number
( ) ( )
Cell Phone Number Pager Number E-Mail Address
( ) ( )
Member Fire Department Station Shift
DOB Drivers License # Class
Height Weight
PCP: Phone: Blood Type
Current Medical Condition(s):
Past Medical Condition(s):
Allergies:
Medications:
Training (only check one per column)
Vertical Trench Confined Structural Haz-Mat Medical
Space Collapse
Awareness MFR
Operations EMT
Technician EMT-P
Special Skills:
Page 1 of 3
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EMERGENCY CONTACT INFORMATION
Name:
Relationship:
Home Contact Information:
Address:
Phone: Pager/Cell
Work Contact Information:
Name of Employer:
Address:
Phone:
Pager/Cell:
Special Circumstances, i.e. health, age, etc.
List names and dates of birth of all your children:
Name: DOB:
Name: DOB:
Name: DOB:
Name: DOB:
Name: DOB:
Name: DOB:
List the Department member(s) you would like to accompany a chief fire officer to make the notification
Name:
Name:
List anyone else you want to help make the notification: (i.e. friend, minister)
Name: Relationship:
Contact Information:
Address:
Phone:
Pager/Cell:
Name: Relationship:
Contact Information:
Address:
Phone:
Pager/Cell:
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OPTIONAL INFORMATION
Religious Preference:
Religion:
Place of Worship:
Address:
Are you a veteran of the U.S. Armed Services? [ ] Yes [ ] No
If you are entitled to a military funeral, do you wish to have one? [ ] Yes [ ] No
Do you wish to have a fire service funeral? [ ] Yes [ ] No
Please list your membership in fire service, religious, or community organizations that
may provide assistance to your family:
Do you have a will? [ ] Yes [ ] No
If yes, where is it located?
Special Requests:
Date Form Completed on: Signature:
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Copy 1 – Point of Departure Copy 2 – Team Leader
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MABAS Division 3602
Statewide Deployment Plan
Personal Equipment Check POD Coordinator
PURPOSE:
In the event a MABAS statewide Box Card is activated personnel arriving at the
POD will need to have the appropriate personal equipment. Each person
responding to the POD and approved for deployment will need to have with them
the appropriate personal equipment.
POLICY:
Point of Departure (POD) Personal Equipment Coordinator Responsibilities
A. The POD Chief assigned the task of checking Personal Equipment shall perform
the following tasks before the convoy leaves the POD.
1. Each firefighter who is credentialed and approved to respond to the
current incident shall have the appropriate personal equipment.
2. Check each firefighter’s Personal Equipment using the attached
worksheet. Each Firefighter should initial that their equipment was
checked.
3. No Task Force member should be permitted to leave the POD without
having his or her Personal Equipment checked. Attempt to create a
separate area for checking Personal Equipment bags.
4. Return all completed worksheets to the POD Chief or designee.
B. Materials needed to complete task:
Materials Amount Completed
Statewide MABAS Box Cards 1 Set
Division 3602 Fire Departments 1
Deployment Plan
Personal Equipment Work Sheet Based on Card Called
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MABAS Division 3602
Appendix G
Statewide Deployment Plan
Personal Equipment Worksheet
Fire Firefighter Personal Equipment Emergency
Name ID Check Contact Info.
Dept. Initials Checked
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Fire Firefighter Personal Equipment Emergency
Name ID Check Contact Info.
Dept. Initials Checked
________________
Deployment Bag Chief Signature: Date:
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MABAS Division 3602
Statewide Deployment Plan
Personal Equipment Worksheet
Personal Equipment Needed:
1. Turnout Gear (Helmet, Hood, Pants, Boots, Coat, Gloves)
2. Portable radio with charger and spare battery
3. SCBA with spare bottle and mask (extra batteries for PASS as needed)
4. Fire department T-shirts, sweatshirts or uniform shirts.
5. Personal hygiene items
6. Any other items as distributed by MABAS Red Center
7. Medications
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
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MABAS Division 3602
Appendix I
Statewide Deployment Plan
Deployment Bag Handout
PURPOSE:
In the event a MABAS statewide Box Card is activated personnel arriving at the POD will need
to be given a deployment bag. Each person responding to the POD and approved for
deployment will be issued a Deployment Bag. This bag will consist of the supplies necessary
for deployment away from home.
POLICY:
Point of Departure (POD) Deployment Bag Coordinator Responsibilities
A. The POD Chief assigned the task of distributing deployment Bags shall perform the following
tasks before the convoy leaves the POD.
1. Determine the MABAS Statewide Box Card/Cards called. From the Box Card determine
the appropriate units and technicians that will be responding to the POD. Using the
MABAS Division 3602 Statewide Deployment Plan determine the number of personnel
that will be responding from the POD to the incident.
2. Distribute 1 Deployment Bag per responding Firefighter after they are credentialed and
approved to respond. Have each firefighter initial the worksheet indicating receipt of the
Deployment Bag.
3. Explain to each firefighter receiving a Bag that they are responsible for returning the bag
and its contents to the designated POD upon completion of the mission.
4. No Task Force member should be permitted to leave the POD without a Deployment
Bag. Attempt to create a distribution area for assigning Deployment Bags.
5. Return all completed worksheets to the POD Coordinator or designee.
B. Materials needed to complete task:
Materials Amount Completed
Statewide MABAS Box Cards 1 Set
Musk Co Fire Departments Deployment 1
Plan
Deployment Bag Work Sheet 1
Deployment Bags Determined by Box Card
Confidential Page 36
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MABAS Division 3602
Appendix I
Statewide Deployment Plan
Deployment Bag Worksheet
Staffing Requirements For Statewide Plan
Ambulance 2 Brush Truck 2
Engine 4 Squad 4
Tender 2 TRT Tech 10
Truck 4 Haz-Mat 10
Name Fire Firefighter ID Check Deployment
Department Initials Bag Number
Confidential Page 37
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Name Fire Firefighter ID Check Deployment
Department Initials Bag Number
____________
Deployment Bag Chief Signature: Date:
Confidential Page 38
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MABAS DIVISION 3602 POD ACTIVITY LOG (ICS 214)
INCIDENT NAME: DATE:
TIME LOG ENTRY
Page ______ of ______ Use additional pages as needed
Confidential Page 39 J
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MABAS Division 3602
Appendix K
Statewide Deployment Plan
Communications Worksheet
The purpose of this position is to ensure that:
MABAS Division 3602 Dispatcher is notified by phone upon this Chief’s arrival:
o He will identify himself to MABAS Division 3602. He will notify Division 3602 he is at the
Station and ready to receive information. He will remain and await MABAS Division
3602 Dispatcher’s return phone call.
Upon MABAS Divisions Dispatcher’s return phone call, he will receive the following information:
o Validation of Security Codes
o Verify the proper Department Vehicles are at the Point of Departure
o Status of the Deployment
o Any additional Vehicles that are needed for response (fill in for unavailable, additional
transport vehicles needed, etc.)
o Insure directions to the response area are provided for the response team, from RED
Center, or the MCC (MABAS Coordination Center)
Confidential Page 40
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MABAS Division 3602
Appendix L
Statewide Deployment Plan
Directions & Maps Worksheet
The purpose of this position is to insure that:
Proper route to Reception area as planned and promulgated by RED Center, or the MCC to the
Response Team
Fuel stops from RED Center, or the MCC are promulgated to the drivers and response chief
Utilize Street Finder, or another computer mapping program for directions
Print out copies for all vehicles
Road construction and other road problems are noted on the maps (MDOT)
Potential alternate routes are shown
Provide maps and directions are provided to the driver of each vehicle.
Insure that communications between vehicles during the response is planned for and known by all
– MABAS frequency is not to be used
Verify emergency contact information for each person has been received by that POD Chief prior
to leaving
Verify all Personal, Department and County supplied gear is present for each person
Verify with State Police, or appropriate government agency, that the planned route is secure
If required, procure accommodations for the responding personnel.
Confidential Page 41
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MABAS Division 3602
Appendix M
Statewide Deployment Plan
STAGING COORDINATOR CHECKLIST
The purpose of this position is to insure that;
The proper vehicles have arrived in the point of departure
The proper personnel are on board
Vehicles are prepared to travel the distance required
Check sheets are utilized and filled out for every vehicle departing
Insure that the proper passports are present – vehicle, scene and team specific use
Check that all loose items are secured prior to the vehicle leaving (hose covers, rope hose tools, etc.)
Insure the Tow vehicle is on the scene and all required hook ups are there
Check the following levels on each vehicle before it is permitted to leave:
Equipment Inventory sheet is up to date and present. Make copies – one to stay with vehicle, one stays at Point of
Departure, the other turn into Sector Officer or designee, at the assigned work area.
Insure the Chief Liaison, or his designee is present.
Final check of all Personal, Department and County provided gear is there
Verify that the directions to the reception site, provided by RED Center, or the MCC are provided to each driver and
responding chief.
Verify that the responding chief has the security code provided by RED Center, or the MCC.
Unit / Fuel FG / Date/Time
F. Personnel Date/Time Starting Ending
Equip. Unit # Type / IFERN Checked
D. # / Type Checked In Mileage Mileage
Type Level Out
Confidential Page 42
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MABAS Division 3602
Appendix N
Statewide Deployment Plan
Money Transfer Worksheet
The purpose of this position to insure that:
• The money is procured for the Response Team
• All proper paperwork is filled out prior to the Response Team’s leaving the Point of
Departure
• All money disbursement requirements by the MABAS Division 3602 are understood and
followed
CASH ISSUED
Check to insure the following steps are completed:
Contact the MABAS Chief’s representative to get the money
$ Amount:
Signature: Counter Signature:
Receipt book and money bag is in possession of responding chief
CASH RETURNED
Check to insure the following steps are completed:
Contact the MABAS Chief’s representative to get the money
$ Amount:
Signature: Counter Signature:
Receipt book and money bag is in possession of responding chief
Confidential Page 43
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STATEWIDE MUTUAL AID
Appendix O
PERSONNEL ACCOUNTABILITY FORM
To be used by Team Chief to maintain personnel accountability during deployment.
Vehicle Tactical PASSPORT PAR PAR PAR PAR
Name FD
Assignment Assignment 1 2 3 4
Page ______ of ______ Use additional pages as needed
Confidential Page 44
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MABAS DIVISION 3602 ABBREVIATIONS
Form O
DEPT ABBREVATIONS FULL DEPARTMENT NAME
BLFD Blue Lake Township Fire Dept
CSFD Casnovia Fire Department
DTFD Dalton Township Fire Dept
EGFD Egelston Township Fire Dept
HTFD Holton Township Fire Dept
MRFD Moorland Township Fire Dept
MTFD Muskegon Charter Township Fire Dept
NMFD North Muskegon Fire Dept
NSFD Norton Shores Fire Dept
RVFD Ravenna Fire Department
WLFA White Lake Fire Authority
Confidential Page 45
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POD Chief Operation Coordinator
The following checklist should be considered as the minimum requirements for this position. Note that some of
the tasks are one-time actions; others are ongoing or repetitive for the duration of the incident. This should be
located in a secure area, separate from personnel. Typically located in a conference room.
Task
1. The first arriving Chief assumes the role of Operations Coordinator
2. Contact MABAS Div 3602 dispatch directly via telephone. Provide name and call back phone
number and advise the POD is now staffed.
3. Division 3602 will call the POD Operations Coordinator and provide response information.
4. Assign arriving POD Chiefs to positions.
Security Coordinator, Communications Coordinator, Staging Coordinator, Room
Coordinator, Logistics/Equipment Coordinator, Administrative Support & Finance
Coordinator.
May request secretarial assistance if deemed necessary
5. Coordinate Command, Communications and Control direction to all personnel responding to
the alarm
6 Provide relief as necessary for other POD Coordinators and arrange relief for themselves
during extended operations.
7 Provide password and authorization matrix to Staging Coordinator
8 Issue petty cash to Team/Task force leaders
9. Ensure continuous point of contact during the duration of the event
Confidential Page 46
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10 Serve as a point of contact between the Task Force Leader or Team Leader during the
response.
11 Arrange relief for response personnel as necessary
12.Provide regular updates to the POD staff
13.Forms utilized
Form J- POD Activity Log
Form N- Money Transfer Worksheet
Form O- MABAS Division 3602 Abbreviations
MABAS Division 3602 Deployment Plan
Box Alarm Cards
Demobilization forms
14 Coordinate with vendors, incident personnel, and contractors.
15 Prepare demobilization schedule of personnel and equipment and coordinate with
Planning Section and supporting dispatch.
16 Document all activity on Unit Log (ICS Form 214).
Confidential Page 47
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Confidential Page 48
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 10, 2024 Title: Emergency Sewage Pump & Haul
Submitted by: Joe Buthker, DPW Superintendent Department: Public Works
Brief Summary:
Staff is requesting retroactive authorization to pay for sewage pumping and hauling services
provided by West Michigan Septic, Sewer & Drain at the Muskegon Correctional Facility site.
Detailed Summary & Background:
The Muskegon Correctional Facility (MCF) on Sheridan Drive has a sewer pump station that pumps
the facility’s sewage into the city’s sewer mains. A 1971 agreement required the State to pay for the
construction of the sewer pump station, and it also required the city to maintain the pump station at
its expense. A 2016 assessment found this station to be deteriorating and undersized. The city began
pushing the State to build a new pump station, and construction finally began this fall. According to
the current construction schedule, the new pump station should be completed within the next
month.
Unfortunately, the existing pump station suffered a catastrophic failure on the morning of December
1. An emergency pump and haul operation was immediately implemented to keep the MCF
operational. West Michigan Septic, Sewer & Drain provided two trucks with staff to remove and haul
sewage around the clock for 57 hours. The pump and haul operation was ended upon the
installation of a temporary pumping system. Staff is requesting retroactive authorization to pay the
invoice from West Michigan Septic, Sewer & Drain for $30,825.00.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Sustainability in financial practices and infrastructure
Goal/Action Item:
2027 GOAL 4: FINANCIAL INFRASTRUCTURE - Maximized efficient use of existing infrastructure
Amount Requested: Budgeted Item:
$30,825.00 Yes No X N/A
Fund(s) or Account(s): Budget Amendment Needed:
Sewer Fund (590-559-801) Yes No X N/A
Recommended Motion:
Authorize staff to pay West Michigan Septic, Sewer & Drain $30,825.00 for emergency sewage
pumping and hauling services.
Page 182 of 377
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 183 of 377
JOB #14316
PAYMENT TERMS Upon receipt
DUE DATE Dec 03, 2024
West Michigan Septic AMOUNT DUE $30,825.00
City of Muskegon Public Works
1350 E Keating Ave
Muskegon, MI 49442 SERVICE ADDRESS
2400 S Sheridan Dr
Muskegon, MI 49442
(231) 578-7575
wyatt.eggleton@shorelinecity.com
CONTACT US
2542 S Getty St
Muskegon, MI 49444
(231) 739-7423
info@wmssd.com
Service completed by: Jonathan Stephens, James
Counselor, Jordan Smith, Travis Barrette, Terry Kiel
INVOICE
Day/ Night Two - Dec 03, 2024
Services qty unit price amount
Septic Cleaning - Septic Tank Cleaning 16.0 $555.00 $8,880.00
Hauling from failed pump chamber to manhole again.
16 hours, overtime
Septic Cleaning - Septic Tank Cleaning 8.0 $501.00 $4,008.00
Hauling from failed pump chamber to manhole during normal working hours.
Day/ Night Two subtotal $12,888.00
Day/ Night One - Dec 03, 2024
Services qty unit price amount
Septic Tank Cleaning 24.0 $555.00 $13,320.00
Hauling from pump station near entrance to manhole outside entrance off street.
24 hours
Day/ Night One subtotal $13,320.00
Day/Night Three - Dec 03, 2024
West Michigan Septic http://wmssd.com 1 of 2
Page 184 of 377
Services qty unit price amount
Septic Cleaning - Septic Tank Cleaning 7.0 $501.00 $3,507.00
Hauling from failed pump chamber to manhole for 8 hours
Septic Cleaning - Septic Tank Cleaning 2.0 $555.00 $1,110.00
Hauling after 4pm from failed lift station to manhole in street
Day/Night Three subtotal $4,617.00
Subtotal $30,825.00
Job Total $30,825.00
Amount Due $30,825.00
See our Terms & Conditions
West Michigan Septic http://wmssd.com 2 of 2
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 10, 2024 Title: Amity Bridge Removal MDOT Project
Agreement
Submitted by: Dan VanderHeide, Public Works Department: Public Works
Director
Brief Summary:
Staff requests authorization to enter into an agreement with the Michigan Department of
Transportation (MDOT) for the removal of the Amity Bridge, including $433,208 in federal funding with
$138,967 of local match for a total of $599,250.
Detailed Summary & Background:
City staff submitted this project to the local bridge program several years ago and multiple times,
and in 2022 were informed the Amity Bridge Removal was selected. The Engineering Department has
worked with MDOT to develop project plans, and the project agreement is ready to be executed. It
is included with this item, and is of the standard MDOT format.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Decrease infrastructure burden on residents, Sustainability in financial practices and infrastructure,
Increase revenue
Goal/Action Item:
2027 GOAL 4: FINANCIAL INFRASTRUCTURE - Maximized efficient use of existing infrastructure
Amount Requested: Budgeted Item:
$138,967 Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
202 (Streets) Yes No X N/A
Recommended Motion:
To authorize staff to enter into an agreement with the Michigan Department of Transportation
(MDOT) for the removal of the Amity Bridge, including $433,208 in federal funding with $138,967 of
local match for a total of $599,250.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
No
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Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 187 of 377
LOCAL BRIDGE CAB
FEDERAL Control Section BO 61000
Job Number 218168CON
Project 25A0043
Structure #7699
CFDA No. 20.205 (Highway
Research Planning
& Construction)
Contract No. 24-5478
PART I
THIS CONTRACT, consisting of PART I and PART II (Standard Agreement
Provisions), is made by and between the MICHIGAN DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as the "DEPARTMENT"; and the CITY
OF MUSKEGON, a Michigan municipal corporation, hereinafter referred to as the
"REQUESTING PARTY"; for the purpose of fixing the rights and obligations of the
parties in agreeing to the following improvements, in Muskegon, Michigan, hereinafter
referred to as the "PROJECT" and estimated in detail on EXHIBIT "I", dated November
15, 2024, attached hereto and made a part hereof:
PART A – FEDERAL AND STATE PARTICIPATION
The removal of the structure #7699, which carries Amity Avenue over the
abandoned railroad grade, Section 20, T10N, R16W, City of Muskegon,
Muskegon County, Michigan; including earthwork, hot mix asphalt pavement
reconstruction, concrete curb and gutter, curb ramps, storm sewer and permanent
signing; and all together with necessary related work.
PART B – NO FEDERAL OR STATE PARTICIPATION
Sanitary sewer and concrete sidewalk along the limits as described in PART A;
and all together with necessary related work.
WITNESSETH:
WHEREAS, pursuant to Federal and State law, monies have been provided for
the performance of certain improvements on public roads; and
WHEREAS, the reference "FHWA" in PART I and PART II refers to the United
States Department of Transportation, Federal Highway Administration; and
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WHEREAS, the PROJECT, or portions of the PROJECT, at the request of the
REQUESTING PARTY, are being programmed with the FHWA, for implementation
with the use of Federal funds under the following Federal program:
SECTION 144 OF TITLE 23 USC
(HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION PROGRAM)
WHEREAS, the PROJECT has been approved for financing in part with funds
appropriated to the Local Bridge Fund pursuant to Section 10(5) of Act 51, Public Acts
of 1951, as amended, for the state Local Bridge Program; and
WHEREAS, the parties hereto have reached an understanding with each other
regarding the performance of the PROJECT work and desire to set forth this
understanding in the form of a written contract.
NOW, THEREFORE, in consideration of the premises and of the mutual
undertakings of the parties and in conformity with applicable law, it is agreed:
1. The parties hereto shall undertake and complete the PROJECT in
accordance with the terms of this contract.
2. The term "PROJECT COST", as herein used, is hereby defined as the
cost of the physical construction necessary for the completion of the PROJECT,
including any other costs incurred by the DEPARTMENT as a result of this contract,
except for construction engineering and inspection.
No charges will be made by the DEPARTMENT to the PROJECT for any
inspection work or construction engineering.
The costs incurred by the REQUESTING PARTY for preliminary engineering,
construction engineering, construction materials testing, inspection, and right-of-way are
excluded from the PROJECT COST as defined by this contract.
The Michigan Department of Environment, Great Lakes, and Energy has
informed the DEPARTMENT that it adopted new administrative rules (R 325.10101, et.
seq.) which prohibit any governmental agency from connecting and/or reconnecting lead
and/or galvanized service lines to existing and/or new water main. Questions regarding
these administrative rules should be directed to the Michigan Department of
Environment, Great Lakes, and Energy. The cost associated with replacement of any
lead and/or galvanized service lines, including but not limited to contractor claims, will
be the sole responsibility of the REQUESTING PARTY.
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3. The DEPARTMENT is authorized by the REQUESTING PARTY to
administer on behalf of the REQUESTING PARTY all phases of the project including
advertising and awarding the construction contract for the PROJECT. Such
administration shall be in accordance with PART II Section II of this contract.
Any items of the PROJECT COST incurred by the DEPARTMENT may be
charged to the PROJECT.
4. The REQUESTING PARTY, at no cost to the PROJECT or to the
DEPARTMENT, shall:
A. Design or cause to be designed the plans for the PROJECT.
B. Appoint a project engineer who shall be in responsible charge of
the PROJECT and ensure that the plans and specifications are
followed.
C. Perform or cause to be performed the construction engineering,
construction materials testing, and inspection services necessary
for the completion of the PROJECT.
5. The PROJECT COST shall be met in accordance with the following:
PART A
The PART A portion of the PROJECT COST shall be met in part by
Federal Funds and by state Local Bridge Funds. Upon final settlement of
costs, Federal Funds will be applied to the eligible items of the PART A
portion of the PROJECT COST. The state Local Bridge Funds will be
applied to the balance of the PROJECT COST for PART A, after
deduction of Federal Funds, such that the combined Federal Funds and
state Local Bridge Funds shall equal 85 percent of those PROJECT
COSTS for PART A eligible for participation by such funds. The
remaining 15 percent of the eligible items of the PART A portion of the
PROJECT COST, as well as any ineligible items of PROJECT COST,
shall be paid 100 percent by the REQUESTING PARTY in the manner
and at the times hereinafter set forth.
PART B
The PART B portion of the PROJECT COST is not eligible for Federal
or State participation and shall be charged to and paid 100 percent by the
REQUESTING PARTY in the manner and at the times hereinafter set
forth.
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Any items of PROJECT COST not reimbursed by Federal Funds or paid by state
Local Bridge Funds will be the sole responsibility of the REQUESTING PARTY.
6. No working capital deposit will be required for this PROJECT.
In order to fulfill the obligations assumed by the REQUESTING PARTY under
the provisions of this contract, the REQUESTING PARTY shall make prompt payments
of its share of the PROJECT COST upon receipt of progress billings from the
DEPARTMENT as herein provided. All payments will be made within 30 days of
receipt of billings from the DEPARTMENT. Billings to the REQUESTING PARTY
will be based upon the REQUESTING PARTY'S share of the actual costs incurred less
Federal Funds and State Funds earned as the PROJECT progresses.
7. Upon completion of construction of the PROJECT, the REQUESTING
PARTY will promptly cause to be enacted and enforced such ordinances or regulations
as may be necessary to prohibit parking in the roadway right-of-way throughout the
limits of the approaches being constructed as a part of the PROJECT.
8. The performance of the entire PROJECT under this contract, whether
Federally funded or not, will be subject to the provisions and requirements of PART II
that are applicable to a Federally funded project.
In the event of any discrepancies between PART I and PART II of this contract,
the provisions of PART I shall prevail.
Buy America Requirements (23 CFR 635.410) shall apply to the PROJECT and
will be adhered to, as applicable, by the parties hereto.
9. The REQUESTING PARTY certifies that it is not aware if and has no
reason to believe that the property on which the work is to be performed under this
agreement is a facility, as defined by the Michigan Natural Resources and Environmental
Protection Act [(NREPA), PA 451, 1994, as amended 2012]; MCL 324.20101(1)(s).
The REQUESTING PARTY also certifies that it is not a liable party pursuant to either
Part 201 or Part 213 of NREPA, MCL 324.20126 et seq. and MCL 324.21323a et seq.
The REQUESTING PARTY is a local unit of government that has acquired or will
acquire property for the use of either a transportation corridor or public right-of-way and
was not responsible for any activities causing a release or threat of release of any
hazardous materials at or on the property. The REQUESTING PARTY is not a person
who is liable for response activity costs, pursuant to MCL 324.20101 (vv) and (ww).
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10. If, subsequent to execution of this contract, previously unknown
hazardous substances are discovered within the PROJECT limits, which require
environmental remediation pursuant to either state or federal law, the REQUESTING
PARTY, in addition to reporting that fact to the Michigan Department of Environment,
Great Lakes, and Energy, shall immediately notify the DEPARTMENT, both orally and
in writing of such discovery. The DEPARTMENT shall consult with the
REQUESTING PARTY to determine if it is willing to pay for the cost of remediation
and, with the FHWA, to determine the eligibility, for reimbursement, of the remediation
costs. The REQUESTING PARTY shall be charged for and shall pay all costs associated
with such remediation, including all delay costs of the contractor for the PROJECT, in
the event that remediation and delay costs are not deemed eligible by the FHWA. If the
REQUESTING PARTY refuses to participate in the cost of remediation, the
DEPARTMENT shall terminate the PROJECT. The parties agree that any costs or
damages that the DEPARTMENT incurs as a result of such termination shall be
considered a PROJECT COST.
11. If federal and/or state funds administered by the DEPARTMENT are
used to pay the cost of remediating any hazardous substances discovered after the
execution of this contract and if there is a reasonable likelihood of recovery, the
REQUESTING PARTY, in cooperation with the Michigan Department of Environment,
Great Lakes, and Energy and the DEPARTMENT, shall make a diligent effort to recover
such costs from all other possible entities. If recovery is made, the DEPARTMENT
shall be reimbursed from such recovery for the proportionate share of the amount paid
by the FHWA and/or the DEPARTMENT and the DEPARTMENT shall credit such
sums to the appropriate funding source.
12. The DEPARTMENT'S sole reason for entering into this contract is to
enable the REQUESTING PARTY to obtain and use funds provided by the Federal
Highway Administration pursuant to Title 23 of the United States Code and/or State
Funds.
Any and all approvals of, reviews of, and recommendations regarding contracts,
agreements, permits, plans, specifications, or documents, of any nature, and any
inspections of work by the DEPARTMENT pursuant to the terms of this contract are
done to assist the REQUESTING PARTY in meeting program guidelines in order to
qualify for available funds. Such approvals, reviews, inspections and recommendations
by the DEPARTMENT shall not relieve the REQUESTING PARTY and the local
agencies, as applicable, of their ultimate control and shall not be construed as a warranty
of their propriety or that the DEPARTMENT is assuming any liability, control or
jurisdiction.
The providing of recommendations or advice by the DEPARTMENT does not
relieve the REQUESTING PARTY and the local agencies, as applicable, of their
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exclusive jurisdiction of the highway or bridge structure(s) and responsibility under
MCL 691.1402 et seq., as amended.
When providing approvals, reviews and recommendations under this contract,
the DEPARTMENT is performing a governmental function, as that term is defined in
MCL 691.1401 et seq., as amended, which is incidental to the completion of the
PROJECT.
Upon completion of the PROJECT, the REQUESTING PARTY shall accept the
facilities constructed as built to specifications within the contract documents. It is
understood that the REQUESTING PARTY shall own the facilities and shall operate
and maintain the facilities in accordance with all applicable Federal and State laws and
regulations, including, but not limited to, Title II of the Americans with Disabilities Act
(ADA), 42 USC 12131 et seq., and its associated regulations and standards, and
DEPARTMENT Road and Bridge Standard Plans and the Standard Specifications for
Construction.
13. The DEPARTMENT, by executing this contract, and rendering services
pursuant to this contract, has not and does not assume jurisdiction of the highway or
bridge structure(s), described as the PROJECT, for purposes of MCL 691.1402 et seq.,
as amended. Exclusive jurisdiction of such highway for the purposes of MCL 691.1402
et seq., as amended, rests with the REQUESTING PARTY and other local agencies
having respective jurisdiction.
14. The REQUESTING PARTY shall approve all of the plans and
specifications to be used on the PROJECT and shall be deemed to have approved all
changes to the plans and specifications when put into effect. It is agreed that ultimate
responsibility and control over the PROJECT rests with the REQUESTING PARTY and
local agencies, as applicable.
15. The REQUESTING PARTY agrees that the costs reported to the
DEPARTMENT for this contract will represent only those items that are properly
chargeable in accordance with this contract. The REQUESTING PARTY also certifies
that it has read the contract terms and has made itself aware of the applicable laws,
regulations, and terms of this contract that apply to the reporting of costs incurred under
the terms of this contract.
16. Each party to this contract will remain responsible for any and all claims
arising out of its own acts and/or omissions during the performance of the contract, as
provided by this contract or by law. In addition, this is not intended to increase or
decrease either party’s liability for or immunity from tort claims. This contract is also
not intended to nor will it be interpreted as giving either party a right of indemnification,
either by contract or by law, for claims arising out of the performance of this contract.
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17. The parties shall promptly provide comprehensive assistance and
cooperation in defending and resolving construction claims brought against the
DEPARTMENT by the contractor, vendors or suppliers as a result of the
DEPARTMENT'S award of the construction contract for the PROJECT. Costs incurred
by the DEPARTMENT in defending or resolving such claims shall be reasonable and
necessary and shall be considered PROJECT COSTS.
18. The DEPARTMENT shall require the contractor who is awarded the
contract for the construction of the PROJECT to provide insurance in the amounts
specified and in accordance with the DEPARTMENT'S current Standard Specifications
for Construction, and to:
A. Maintain bodily injury and property damage insurance for the
duration of the PROJECT.
B. Provide owner's protective liability insurance naming as insureds
the State of Michigan, the Michigan State Transportation
Commission, the DEPARTMENT, and its officials, agents and
employees, the REQUESTING PARTY and any other county,
county road commission, or municipality in whose jurisdiction
the PROJECT is located, and their employees, for the duration of
the PROJECT and to provide, upon request, copies of certificates
of insurance to the insureds. It is understood that the
DEPARTMENT does not assume jurisdiction of the highway
described as the PROJECT as a result of being named as an
insured on the owner’s protective liability insurance policy.
C. Comply with the requirements of notice of cancellation and
reduction of insurance set forth in the current standard
specifications for construction and to provide, upon request,
copies of notices and reports prepared to those insured.
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19. This contract shall become binding on the parties hereto and of full force
and effect upon the signing thereof by the duly authorized officials for the parties hereto;
upon the adoption of the necessary resolution approving said contract and authorizing
the signatures thereto of the respective officials of the REQUESTING PARTY, a
certified copy of which resolution shall be attached to this contract; and with approval
by the State Administrative Board.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be
executed as written below.
CITY OF MUSKEGON MICHIGAN DEPARTMENT
OF TRANSPORTATION
By__________________________ By_________________________
Title: for Department Director MDOT
By__________________________
Title:
REVIEWED
By Larry Doyle at 8:09 am, 12/4/24
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November 15, 2024
EXHIBIT I
CONTROL SECTION BO 61000
JOB NUMBER 218168CON
PROJECT 25A0043
STRUCTURE #7699
TOTAL FEDERAL STATE LOCAL TOTAL BALANCE
ESTIMATED FUNDS BRIDGE FUNDS FEDERAL & REQ. PARTY'S
COST (EST 80%) (EST 5%) STATE AID SHARE
PART A - STRUCTURE AND APPROACH WORK
(FEDERAL AND STATE PARTICIPATION)
Construction (Contracted) $541,510 $433,208 $27,075 $460,283 $81,227
PART B – NAMEPLATE INSTALLATION WORK
(NO FEDERAL OR STATE PARTICIPATION)
Construction (Contracted) $57,740 $0 $0 $0 $57,740
GRAND TOTAL $599,250 $433,208 $27,075 $460,283 $138,967
NO DEPOSIT REQUIRED
09/06/90 SCBFED.FOR 11/15/24
9
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 10, 2024 Title: 880 First St. Demolition- Asbestos Abatement
Proposal
Submitted by: Contessa Alexander, Development Department: Economic Development
Analyst
Brief Summary:
City staff requests approval of Asbestos Abatement Inc.'s proposal for asbestos abatement to
proceed with the approved demolition of the 880 First St. structure.
Detailed Summary & Background:
The City of Muskegon solicited bids from qualified contractors for the demolition of the building
located at 880 First St., Muskegon, MI 49440. The scope of work includes complete demolition and
removal of the structure, including all foundations and footings, backfilling the site, hydroseeding,
and asbestos abatement. The primary objective is to eliminate blight, improve the area's aesthetic
appeal, and encourage economic development by preparing the site for future opportunities.
Asbestos Abatement Inc. was awarded the bid by the City Commission on October 8, 2024. They
have completed an asbestos survey, and the report is attached for your review. To proceed with
demolition, asbestos abatement must be completed. Asbestos Abatement Inc. has submitted their
abatement proposal, which is also attached for your review.
Scope of Work
• Removal and disposal of asbestos-containing materials as identified in the NESHAP survey
dated 11/25/24.
• Required personal air monitoring and clearances included.
• Continuous third-party air monitoring is not included.
• State notifications and permits included.
Total Cost: $94,125
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Progress toward completion of ongoing economic development projects
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Page 217 of 377
Amount Requested: Budgeted Item:
$94,125 Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Public Improvement Fund (445) Yes No N/A
Recommended Motion:
I move to approve the asbestos abatement proposal submitted by Asbestos Abatement Inc. for the
property located at 880 First St., Muskegon, MI 49440, in the amount of $94,125.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 218 of 377
2420 N. Grand River Ave.
Lansing, Michigan 48906
www.asbestosabatementinc.com
Ph. 517-323-0050
Fax 517-323-7382
November 25, 2024
City of Muskegon
Attn: Contessa Alexander
933 Terraxe Street
Muskegon, MI 49440
Re: Asbestos NESHAP Inspection Report for the Vacant Building at 880 First Street
Muskegon, MI 49440.
Dear Contessa Alexander:
Asbestos Abatement Incorporated (AAI) was retained by City of Muskegon to provide an
asbestos inspection at a vacant building located at 880 First Street. During the inspection, AAI
personnel inspected all accessible areas that are to be impacted by the project to determine the
presence or absence of suspect Asbestos Containing Building Materials (ACBM’s). This report
includes the procedures and methodologies, analytical laboratory results and any applicable
conclusions and recommendations made during the course of this inspection. Contractors,
architects, engineers, the building owner and all their employees working on this project need to
review and understand this survey. If any contractors, architects, engineers or employees of the
owner find materials not sampled as part of this survey they should assume the material to
contain asbestos then immediately stop work and notify AAI so that additional testing and/or
necessary clean-up can be performed. Although every effort was made to sample all suspect
ACBM’s during the inspection hidden, concealed or missed materials may exist within the
project scope.
AAI appreciates the opportunity to perform these services for you and look forward to working
with you in the future. In the meantime, if you have questions or comments regarding the
information in this report or if we can be of further assistance please do not hesitate to contact
AAI at 517-323-0052.
Sincerely,
Asbestos Abatement Inc.
Andrew Rauser
Asbestos Inspector
Accreditation A40568
Page 219 of 377
ASBESTOS NESHAP INSPECTION REPORT
Conducted at:
880 First Street
AAI Project Number: 2260
Date of Inspection:
November 12, 2024
Report prepared for: Inspection conducted by:
City of Muskegon Andrew Rauser, Accreditation A40568
Contessa Alexander Asbestos Abatement Inc.
933 Terraxe Street 2420 N. Grand River Ave.
Muskegon, MI 49440 Lansing, Michigan 48906
Phone: 517-323-0052
Fax: 517-323-7382
Page 220 of 377
ASBESTOS NESHAP INSPECTION REPORT
880 First Street
AAI Project Number: 2260
TABLE OF CONTENTS
1.0 Introduction .......................................................................................................................... 1
2.0 Certification ......................................................................................................................... 1
3.0 Inspection Procedures .......................................................................................................... 1
4.0 Analytical Results ................................................................................................................ 2
5.0 Pertinent Observations ......................................................................................................... 3
6.0 Regulatory Guidance............................................................................................................ 3
7.0 Recommendations ................................................................................................................ 4
8.0 APPENDICES
APPENDIX A – INSPECTOR(S) CREDENTIALS
APPENDIX B – LABORATORY CERTIFICATION
APPENDIX C – INSPECTION DATA
APPENDIX D – ANALYTICAL DATA
APPENDIX E – DEFINITIONS & CLASSIFICATIONS
Page 221 of 377
1.0 Introduction
AAI was retained by City of Muskegon to provide a National Emission Standards for Hazardous
Air Pollutants (NESHAP) asbestos inspection at the vacant building located at 880 First Street.
During the inspection, AAI personnel inspected all accessible areas that are to be impacted by
the project to determine the presence or absence of suspect Asbestos Containing Building
Materials (ACBMs). A comprehensive asbestos NESHAP inspection was performed, including
the collection of an appropriate number of bulk asbestos samples in accordance with the
provisions of the Asbestos in Construction Standard.
The on-site portion of asbestos building inspection took place on November 12, 2024. During the
inspection, bulk samples were collected, and quantities of suspect asbestos-containing materials
were estimated.
2.0 Certification
The asbestos inspection was conducted by Andrew Rauser, a State of Michigan Accredited
Asbestos Inspector. A copy of his inspector credentials appears in Appendix A.
All collected asbestos bulk samples were submitted to APEX Research, Inc. for analysis. Bulk
samples of suspect asbestos-containing materials were analyzed by polarized-light microscopy
(PLM) using the EPA Method 600/R-93/116. APEX Research, Inc. is accredited by the National
Voluntary Laboratory Accreditation Program (NVLAP).
A copy of their NVLAP Accreditation can be found in Appendix B.
3.0 Inspection Procedures
This asbestos NESHAP inspection was conducted in accordance with the requirements of the
Michigan Occupational Safety and Health Administration (MIOSHA), Asbestos Standards for
Construction, Part 602 and the Asbestos National Emissions Standards for Hazardous Air
Pollutants (NESHAP) 40 CRF Part 61, Subpart M, and current industry standards.
A thorough visual inspection of all functional spaces in conjunction with destructive testing was
conducted to identify suspect asbestos-containing materials (ACM) which may be disturbed as
part of this project. As unrestricted access was provided, all rooms within the scope were
inspected. Each area was visually inspected for the presence of building materials that are
suspected to contain asbestos. Bulk samples were obtained of materials suspect to contain
asbestos and are categorized as using NESHAP definitions.
Materials visibly identified as non-asbestos (metal, glass, wood, etc.) by the accredited inspector
were not sampled.
1
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Prior to collecting any samples, homogenous areas (HAs) were identified and listed to develop a
sampling strategy. Suspect ACM’s were identified and documented by homogenous area. A
homogenous area (HA), is defined as an area of surfacing material, thermal system insulation, or
miscellaneous material that is uniform in color and texture (e.g., drywall joint compound).
The actual number of samples collected from each homogeneous sampling area may vary, based
on the type of material and the professional judgment of the inspector. A minimum of one
sample of each HA was collected and submitted to an accredited laboratory for analysis by PLM.
The number of samples collected for each material identified was determined according to the
following table:
Guidelines for Determining the Number of Samples Collected
HA Category HA Size Samples Required
Miscellaneous Materials No Stipulation 2
Thermal Systems Insulation No Stipulation 3
< 1,000 SQ. FT 3
Surfacing Material 1,000 – 5,000 SQ. FT 5
> 5,000 SQ. FT 7
A total of 51 separate suspect asbestos-containing materials were identified during this
inspection.
Contractors, architects, engineers, the building owner and all of their employees working on this
project need to review and understand this survey. If any contractors, architects, engineers or
employees of the owner find materials not sampled as part of this survey they should assume the
material to contain asbestos then immediately stop work and notify AAI so that additional testing
and/or necessary clean-up can be performed. Although every effort was made to sample all
suspect ACBM’s during the inspection hidden, concealed or missed materials may exist within
the project scope.
A complete list of all suspect asbestos-containing materials identified, including friability,
location, and estimated quantities can be found in Appendix C.
4.0 Analytical Results
Bulk samples were submitted to APEX Research, Inc. for analysis using polarized-light
microscopy (PLM) and dispersion staining (EPA Method 600/R-93/116). APEX Research, Inc.
is accredited by the National Voluntary Laboratory Accreditation Program (NVLAP).
A material is considered to be ACM when it contains greater than 1% asbestos and must be
handled according to Federal, State and local regulations. For homogenous areas with multiple
samples collected, only one sample with greater than 1% asbestos is required for the entire
homogenous area to be considered ACM.
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For friable materials, when the amount of asbestos in the sample material is reported as “None-
Detected” by PLM analysis, no further verification of the sample results by Point Counting
Methodology is recommended.
For friable materials, when the amount of asbestos in the sample material is reported at less than
10% by PLM analysis, the client may either assume the amount to be greater than 1% and treat
the material as ACM or require further verification of the amount by Point Counting Methods. If
the result obtained by Point Counting is different from the result obtained by PLM analysis, the
Point Count Method result should be used.
For non-friable materials, when the amount of asbestos in the sample material is reported at
greater than 1% by PLM analysis, no further verification of the sample results by alternative
methods of identification.
The analytical data, including detailed information on individual sample layers, can be found in
Appendix D.
5.0 Pertinent Observations
During the visual inspection, select observations were made and documented. With the
inspection procedures and analytical results taken into consideration, the pertinent observations
are as follows:
All quantities listed in the Building Inventory Data form (Appendix C) are estimates and
its accuracy is not guaranteed.
Extensive interior and exterior demolition had occurred prior to this survey.
Renovations have been done in these areas in the past creating multiple layers of finishes
through-out the spaces.
6.0 Regulatory Guidance
This section offers regulatory guidance for ACM identified during this building inspection and
was prepared for regulatory guidance only and does not guarantee compliance with all regulatory
requirements.
Of the 51 identified homogenous, the following were determined to be asbestos-containing
materials by polarized light microscopy:
* Tar and Flashing (On/Around Old Rooftop Mechanical Room)
* Tar Remnants (On Exterior Walls of Old Rooftop Mechanical Room)
* Tar and Flashing (Old Rooftop Exterior Perimeter)
* Black Mastic Glue-Pods (On Plaster Walls and Behind Wallboard Around Elevators –
All Floors)
* Tar and Flashing (2nd Floor South Exterior Wall Near Stairwell)
* Tar and Flashing (Addition Roof Meets 2nd Floor)
3
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* Tile Mastic – Black (Ground Floor of Old Building)
* Black Mastic Glue-Pods (Steel Columns of Newer Building)
* Tar and Flashing – North Side Exterior Wall of Old Building Above 1st Floor)
* Transite Debris (Old Building Rooftop)
* Building Sealant/Caulk – Gray and Black Layers (2nd Floor/New Building Roof Below
Rubber Roofing)
* Multiple Layer Caulking (2nd Floor/New Building Roof)
* Transite (Ground Floor Perimeter Wall Bases
* Building Caulk – White (Basement of Addition in Ceiling Joints)
* Wallboard System Joint Compound (Stairwell)
This report shall not be used as a compliance tool. It is the responsibility of the contractor(s)
selected to perform the work to comply with all applicable laws and regulations.
This guidance is based on the visual inspection, analytical results, pertinent observations and
AAI’s understanding of the project. This guidance may require modification should there be a
change in building ownership, use and/or change in the project scope.
A 10-day notification with the State of Michigan may or may not be required for the asbestos
removal on this project; please consult with AAI for a project by project determination on this
requirement.
7.0 Recommendations
The results of laboratory testing during the asbestos inspection conducted at 880 First Street,
indicates that 15 of the 51 building materials sampled were found to contain asbestos.
Contractors, architects, engineers, the building owner and all of their employees working on this
project need to review and understand this survey. If any contractors, architects, engineers or
employees of the owner find materials not sampled as part of this survey they should assume the
material to contain asbestos then immediately stop work and notify AAI so that additional testing
and/or necessary clean-up can be performed. Although every effort was made to sample all
suspect ACBM’s during the inspection hidden, concealed or missed materials may exist within
the project scope.
Based on the visual inspection, analytical results, pertinent observations and AAI’s
understanding of the planned project, the following recommendations are offered:
Retain AAI to professionally abate all ACM building materials prior to demolition.
If, during the course of renovation, materials not identified in this report are observed,
stop demolition and contact AAI for additional sampling.
4
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APPENDIX A
INSPECTOR(S) CREDENTIALS
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APPENDIX B
LABORATORY CERTIFICATION
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APPENDIX C
INSPECTION DATA
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Asbestos Inspection Data-Bulk Sample Log
880 First Street
HA # HA Description Sample Location Friable ACM Quantity Total
Rooftop of Older Building at base
1 Tar and Flashing and on top of Elevator/Mechanical No Yes 160 SF
Room
2 Flat Roof Older Building Flat Roof No No
Orange/Red Brick and
3 Rooftop Elevator/Mechanical Room No No
Mortar
Ceramic Block and
4 Rooftop Elevator/Mechanical Room No No
Mortar
Remnants around Rooftop
5 Tar No Yes 5 SF
Elevator/Mechanical Room Exterior
Loose Remnants near center area of
6 Transite Debris No Yes 1 SF
Old Building Rooftop
Old Building Rooftop at Perimeter
7 Tar and Flashing No Yes 280 SF
Walls
Old Building Rooftop Steel Column
8 Tar and Flashing No No
Penetrations
Old Building Rooftop, Addition
9 Stucco Debris No No
Rooftop and Ground Surface
Ceiling Panels, 2’x4’,
10 Stairwell ceilings and debris Yes No
White, Pinhole/Fissure
11 Plaster Near Elevators on Each Floor Yes No
Mastic, Black (Glue On Plaster Walls behind Wallboard
12 No Yes 100 SF
Pods) System
13 Mastic, Black Floors 2-5 on Terrazzo No No
14 Terrazzo, Tan Floors 2-5 No No
15 Pipe Fitting Insulation 5th Floor Roof Drains Yes No
16 CMU Block and Mortar North Stair Well and Elevator Shafts No No
Page 231 of 377
Asbestos Inspection Data-Bulk Sample Log
880 First Street
HA # HA Description Sample Location Friable ACM Quantity Total
17 Terrazzo, Green Floors 2-5 No No
Spray Applied
18 Steel Decking of Old Building Yes No
Fireproofing, Light Grey
19 CMU Block and Mortar South Stairwell No No
Ceramic
20 Tile/Grout/Mortar, 2”x1” Floors 2-5 No No
Brown
Ceramic
21 Tile/Grout/Mortar, 2” Floors 2-5 No No
White Hexagonal
Near South Exterior Wall on 2nd
22 Tar/Flashing No Yes 20 SF
Floor near South Stairwell
Building Sealant/Caulk – Addition Roof meets Old Building at
23 No Yes 40 LF
Gray and Black Layers 2nd floor below Rubber Roofing
Multiple Layer Addition Roof meets Old Building at
24 No Yes 40 LF
Caulking/Sealants 2nd floor
25 Window Glazing Steel Frame Windows in Stairwell No No
2nd Floor at Expansion Joint between
26 Tar/Flashing No Yes 80 LF
buildings
27 Building Caulk, Gray Base of Ground Floor Exterior Wall No No
28 Terrazzo, Black and Tan Ground Floor No No
Older Building Ground Floor
29 Transite No Yes 4 SF
Exterior Wall Footing
30 Concrete Floor 5 Story Building Section No No
Concrete on Steel
31 5 Story Building Section No No
Beams/Columns
32 Mastic, Black Ground Floor No Yes 2000 SF
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Asbestos Inspection Data-Bulk Sample Log
880 First Street
HA # HA Description Sample Location Friable ACM Quantity Total
Spray Applied
33 Ground Floor of Old Building Yes No
Fireproofing, Tan
Steel Columns of New Addition at
34 Mastic, Black No Yes 5 SF
NW Former Entrance
North Side of Old Building Exterior
35 Tar and Flashing between 1st /2nd floors on Orange No Yes 5 SF
Brick
Spray Applied
1st Floor Newer Addition Steel
36 Fireproofing, Light Gray, Yes No
Beams and Columns
Soft
Spray Applied
Basement of Newer Addition Steel
37 Fireproofing, Light Gray, Yes No
Beams and Columns
Soft
38 Flooring Adhesive Ground Floor Ramp No No
Newer Addition Ground Floor and
39 Concrete No No
Basement
Concrete
40 Ceiling/Roofing Newer Addition No No
Segments
41 Pipe Fitting Insulation Newer Addition Yes No
42 Mastic, Black Ground Floor Vault Floor No No
43 Mastic, Black Addition Basement Large Room No No
Addition Basement Smaller Room
44 Mastic, Black No No
along East Wall
Wall Mastic (Glue Pods), NE Corner Room of Addition
45 No No
Black Basement
46 Floor Mastic, Black Dots NE Corner Room of Addition No No
Page 233 of 377
Asbestos Inspection Data-Bulk Sample Log
880 First Street
HA # HA Description Sample Location Friable ACM Quantity Total
Basement Ceiling of New Addition
47 Building Caulk, White No Yes 2400 LF
between Concrete
48 Mastic, Black Basement Floor of Older Building No No
Stairwell next to Elevators, Basement
49 Wallboard System No Yes 3600 SF
to 5th Floor
Basement Mechanical Rooms in
50 Cork and Plaster Ceiling No No
Older Building
Stair Tread and
51 Both Stairwells No No
Adhesive, Red
Page 234 of 377
HA #1. Tar and Flashing Layers. On and Around Rooftop Elevator/Mechanical Room.
HA #5. Tar on Exterior of Rooftop Elevator/Mechanical Room.
Page 235 of 377
HA #6. Transite Debris on Older Building Roof.
HA #7. Tar and Flashing around Perimeter of Older Building Roof.
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HA #12. Mastic on Plaster Walls (Behind Wallboard Systems)
HA #22. Tar and Flashing at base of 2nd floor South wall near Stairwell.
Page 237 of 377
HA #23. Building Sealant (Gray) and Tar Layer (Black). 2nd Floor/Newer Addition Roof,
below rubber roofing membrane.
HA #24. Multiple Layers of Caulking/Sealants. 2nd Floor/Newer Addition Roof.
Page 238 of 377
HA #29. Transite. Ground Floor of Older Building. Pieces stuck in Cement on Former
Exterior Wall Foundations.
HA #32. Mastic, Black. Ground Floor Lobby.
Page 239 of 377
HA #34. Mastic on Steel Columns of Newer Addition.
HA #35. Tar and Flashing on North Exterior wall of Older Section between 1st and 2nd Floors.
Page 240 of 377
HA #47. Building Caulk, White. Between Precast Concrete Roof and Ceiling Decking on
Newer Section of the Building.
Page 241 of 377
APPENDIX D
ANALYTICAL DATA
Page 242 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 01 Asbestos Present: YES Other - 90%
Cust. #: 1A Chrysotile - 10%
Material: Tar
Location: Roof
Appearance: black,fibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 01a Asbestos Present: YES Cellulose - 50%
Cust. #: 1A Chrysotile - 10% Fiberglass - 10%
Material: Flashing - Tar/Felt Other - 30%
Location: Roof
Appearance: black,fibrous,nonhomogenous
Layer: 2 of 2
Lab ID #: 114247 - 02 Asbestos Present: YES Other - 90%
Cust. #: 1B Chrysotile - 10%
Material: Tar
Location: Roof
Appearance: black,fibrous,homogenous
Layer: 1 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 1 of 78
Page 243 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 02a Asbestos Present: YES Cellulose - 50%
Cust. #: 1B Chrysotile - 10% Fiberglass - 10%
Material: Flashing - Tar/Felt Other - 30%
Location: Roof
Appearance: black,fibrous,nonhomogenous
Layer: 2 of 2
Lab ID #: 114247 - 03 Asbestos Present: YES Other - 90%
Cust. #: 1C Chrysotile - 10%
Material: Tar
Location: Roof
Appearance: black,fibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 03a Asbestos Present: YES Cellulose - 50%
Cust. #: 1C Chrysotile - 10% Fiberglass - 10%
Material: Flashing - Tar/Felt Other - 30%
Location: Roof
Appearance: black,fibrous,nonhomogenous
Layer: 2 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 2 of 78
Page 244 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 04 Asbestos Present: NO Cellulose - 5%
Cust. #: 2A No Asbestos Observed Fiberglass - 30%
Material: Flat Roof Other - 65%
Location:
Appearance: black,fibrous,nonhomogenous
Layer: 1 of 1
Lab ID #: 114247 - 05 Asbestos Present: NO Cellulose - 10%
Cust. #: 2B No Asbestos Observed Fiberglass - 30%
Material: Flat Roof Other - 60%
Location:
Appearance: black,fibrous,nonhomogenous
Layer: 1 of 1
Lab ID #: 114247 - 06 Asbestos Present: NO Cellulose - 10%
Cust. #: 2C No Asbestos Observed Fiberglass - 30%
Material: Flat Roof Other - 60%
Location:
Appearance: black,fibrous,nonhomogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 3 of 78
Page 245 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 07 Asbestos Present: NO Other - 100%
Cust. #: 3A No Asbestos Observed
Material: Brick (Orange/Red)
Location:
Appearance: red,nonfibrous,homogenous
Layer: 1 of 3
Lab ID #: 114247 - 07a Asbestos Present: YES Other - 90%
Cust. #: 3A Chrysotile - 10%
Material: Tar
Location:
Appearance: black,fibrous,homogenous
Layer: 2 of 3
Lab ID #: 114247 - 07b Asbestos Present: NO Other - 100%
Cust. #: 3A No Asbestos Observed
Material: Mortar
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 3 of 3
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 4 of 78
Page 246 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 08 Asbestos Present: NO Other - 100%
Cust. #: 3B No Asbestos Observed
Material: Brick (Orange/Red)
Location:
Appearance: red,nonfibrous,homogenous
Layer: 1 of 3
Lab ID #: 114247 - 08a Asbestos Present: YES Other - 90%
Cust. #: 3B Chrysotile - 10%
Material: Tar
Location:
Appearance: black,fibrous,homogenous
Layer: 2 of 3
Lab ID #: 114247 - 08b Asbestos Present: NO Other - 100%
Cust. #: 3B No Asbestos Observed
Material: Mortar
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 3 of 3
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 5 of 78
Page 247 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 09 Asbestos Present: NO Other - 100%
Cust. #: 3C No Asbestos Observed
Material: Brick (Orange/Red)
Location:
Appearance: red,nonfibrous,homogenous
Layer: 1 of 3
Lab ID #: 114247 - 09a Asbestos Present: YES Other - 90%
Cust. #: 3C Chrysotile - 10%
Material: Tar
Location:
Appearance: black,fibrous,homogenous
Layer: 2 of 3
Lab ID #: 114247 - 09b Asbestos Present: NO Other - 100%
Cust. #: 3C No Asbestos Observed
Material: Mortar
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 3 of 3
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 6 of 78
Page 248 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 10 Asbestos Present: NO Other - 100%
Cust. #: 4A No Asbestos Observed
Material: Ceramic Block
Location:
Appearance: red,nonfibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 10a Asbestos Present: NO Other - 100%
Cust. #: 4A No Asbestos Observed
Material: Mortar
Location:
Appearance: white,nonfibrous,homogenous
Layer: 2 of 2
Lab ID #: 114247 - 11 Asbestos Present: NO Other - 100%
Cust. #: 4B No Asbestos Observed
Material: Ceramic Block
Location:
Appearance: red,nonfibrous,homogenous
Layer: 1 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 7 of 78
Page 249 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 11a Asbestos Present: NO Other - 100%
Cust. #: 4B No Asbestos Observed
Material: Mortar
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 2 of 2
Lab ID #: 114247 - 12 Asbestos Present: NO Other - 100%
Cust. #: 4C No Asbestos Observed
Material: Ceramic Block
Location:
Appearance: red,nonfibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 12a Asbestos Present: NO Other - 100%
Cust. #: 4C No Asbestos Observed
Material: Mortar
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 2 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 8 of 78
Page 250 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 13 Asbestos Present: YES Other - 90%
Cust. #: 5A Chrysotile - 10%
Material: Tar Remnants
Location:
Appearance: black,fibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 14 Asbestos Present: YES Other - 90%
Cust. #: 5B Chrysotile - 10%
Material: Tar Remnants
Location:
Appearance: black,fibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 15 Asbestos Present: YES Other - 90%
Cust. #: 5C Chrysotile - 10%
Material: Tar Remnants
Location:
Appearance: black,fibrous,homogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 9 of 78
Page 251 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 16 Asbestos Present: YES Other - 90%
Cust. #: 6A Chrysotile - 10%
Material: Transite Debris
Location: Roof
Appearance: grey,fibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 17 Asbestos Present: YES Other - 90%
Cust. #: 6B Chrysotile - 10%
Material: Transite Debris
Location: Roof
Appearance: grey,fibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 18 Asbestos Present: YES Other - 90%
Cust. #: 6C Chrysotile - 10%
Material: Transite Debris
Location: Roof
Appearance: grey,fibrous,homogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 10 of 78
Page 252 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 19 Asbestos Present: YES Other - 90%
Cust. #: 7A Chrysotile - 10%
Material: Tar
Location: Perimeter
Appearance: black,fibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 19a Asbestos Present: YES Cellulose - 15%
Cust. #: 7A Chrysotile - 10% Fiberglass - 20%
Material: Flashing - Tar/Felt Other - 55%
Location: Perimeter
Appearance: black,fibrous,nonhomogenous
Layer: 2 of 2
Lab ID #: 114247 - 20 Asbestos Present: YES Other - 90%
Cust. #: 7B Chrysotile - 10%
Material: Tar
Location: Perimeter
Appearance: black,fibrous,homogenous
Layer: 1 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 11 of 78
Page 253 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 20a Asbestos Present: YES Cellulose - 10%
Cust. #: 7B Chrysotile - 10% Fiberglass - 30%
Material: Flashing - Tar/Felt Other - 50%
Location: Perimeter
Appearance: black,fibrous,nonhomogenous
Layer: 2 of 2
Lab ID #: 114247 - 21 Asbestos Present: YES Other - 90%
Cust. #: 7C Chrysotile - 10%
Material: Tar
Location: Perimeter
Appearance: black,fibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 21a Asbestos Present: YES Fiberglass - 30%
Cust. #: 7C Chrysotile - 10% Other - 60%
Material: Flashing - Tar/Felt
Location: Perimeter
Appearance: black,fibrous,nonhomogenous
Layer: 2 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 12 of 78
Page 254 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 22 Asbestos Present: NO Other - 100%
Cust. #: 8A No Asbestos Observed
Material: Tar
Location: Steel Beams
Appearance: black,nonfibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 22a Asbestos Present: NO Fiberglass - 30%
Cust. #: 8A No Asbestos Observed Other - 70%
Material: Flashing - Felt
Location: Steel Beams
Appearance: black,fibrous,nonhomogenous
Layer: 2 of 2
Lab ID #: 114247 - 23 Asbestos Present: NO Cellulose - 1%
Cust. #: 8B No Asbestos Observed Other - 99%
Material: Tar
Location: Steel Beams
Appearance: black,nonfibrous,homogenous
Layer: 1 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 13 of 78
Page 255 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 23a Asbestos Present: NO Fiberglass - 35%
Cust. #: 8B No Asbestos Observed Other - 65%
Material: Flashing - Felt
Location: Steel Beams
Appearance: black,fibrous,nonhomogenous
Layer: 2 of 2
Lab ID #: 114247 - 24 Asbestos Present: NO Cellulose - 1%
Cust. #: 8C No Asbestos Observed Other - 99%
Material: Tar
Location: Steel Beams
Appearance: black,nonfibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 24a Asbestos Present: NO Fiberglass - 35%
Cust. #: 8C No Asbestos Observed Other - 65%
Material: Flashing - Felt
Location: Steel Beams
Appearance: black,fibrous,nonhomogenous
Layer: 2 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 14 of 78
Page 256 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 25 Asbestos Present: NO Other - 100%
Cust. #: 9A No Asbestos Observed
Material: Stucco Debris
Location: Roof
Appearance: beige,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 26 Asbestos Present: NO Other - 100%
Cust. #: 9B No Asbestos Observed
Material: Stucco Debris
Location: Roof
Appearance: beige,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 27 Asbestos Present: NO Other - 100%
Cust. #: 9C No Asbestos Observed
Material: Stucco Debris
Location: Roof
Appearance: beige,nonfibrous,homogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 15 of 78
Page 257 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 28 Asbestos Present: NO Cellulose - 40%
Cust. #: 10A No Asbestos Observed Mineral Wool - 30%
Material: 2x4 Ceiling Panel Other - 30%
Location:
Appearance: beige,fibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 29 Asbestos Present: NO Cellulose - 40%
Cust. #: 10B No Asbestos Observed Mineral Wool - 30%
Material: 2x4 Ceiling Panel Other - 30%
Location:
Appearance: beige,fibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 30 Asbestos Present: NO Cellulose - 40%
Cust. #: 10C No Asbestos Observed Mineral Wool - 30%
Material: 2x4 Ceiling Panel Other - 30%
Location:
Appearance: beige,fibrous,homogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 16 of 78
Page 258 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 31 Asbestos Present: NO Other - 100%
Cust. #: 11A No Asbestos Observed
Material: Plaster Finish Coat
Location:
Appearance: white,nonfibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 31a Asbestos Present: NO Cellulose - 1%
Cust. #: 11A No Asbestos Observed Other - 99%
Material: Plaster Base Coat
Location:
Appearance: grey,fibrous,homogenous
Layer: 2 of 2
Lab ID #: 114247 - 32 Asbestos Present: NO Other - 100%
Cust. #: 11B No Asbestos Observed
Material: Plaster Finish Coat
Location:
Appearance: white,nonfibrous,homogenous
Layer: 1 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 17 of 78
Page 259 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 32a Asbestos Present: NO Cellulose - 1%
Cust. #: 11B No Asbestos Observed Other - 99%
Material: Plaster Base Coat
Location:
Appearance: grey,fibrous,homogenous
Layer: 2 of 2
Lab ID #: 114247 - 33 Asbestos Present: NO Other - 100%
Cust. #: 11C No Asbestos Observed
Material: Plaster Finish Coat
Location:
Appearance: white,nonfibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 33a Asbestos Present: NO Cellulose - 2%
Cust. #: 11C No Asbestos Observed Other - 98%
Material: Plaster Base Coat
Location:
Appearance: grey,fibrous,homogenous
Layer: 2 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 18 of 78
Page 260 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 34 Asbestos Present: NO Other - 100%
Cust. #: 11D No Asbestos Observed
Material: Plaster Finish Coat
Location:
Appearance: white,nonfibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 34a Asbestos Present: NO Cellulose - 2%
Cust. #: 11D No Asbestos Observed Other - 98%
Material: Plaster Base Coat
Location:
Appearance: grey,fibrous,homogenous
Layer: 2 of 2
Lab ID #: 114247 - 35 Asbestos Present: NO Other - 100%
Cust. #: 11E No Asbestos Observed
Material: Plaster Finish Coat
Location:
Appearance: white,nonfibrous,homogenous
Layer: 1 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 19 of 78
Page 261 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 35a Asbestos Present: NO Cellulose - 2%
Cust. #: 11E No Asbestos Observed Other - 98%
Material: Plaster Base Coat
Location:
Appearance: grey,fibrous,homogenous
Layer: 2 of 2
Lab ID #: 114247 - 36 Asbestos Present: NO Other - 100%
Cust. #: 11F No Asbestos Observed
Material: Plaster Finish Coat
Location:
Appearance: white,nonfibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 36a Asbestos Present: NO Cellulose - 1%
Cust. #: 11F No Asbestos Observed Other - 99%
Material: Plaster Base Coat
Location:
Appearance: grey,fibrous,homogenous
Layer: 2 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 20 of 78
Page 262 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 37 Asbestos Present: NO Other - 100%
Cust. #: 11G No Asbestos Observed
Material: Plaster Finish Coat
Location:
Appearance: white,nonfibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 37a Asbestos Present: NO Cellulose - 1%
Cust. #: 11G No Asbestos Observed Other - 99%
Material: Plaster Base Coat
Location:
Appearance: grey,fibrous,homogenous
Layer: 2 of 2
Lab ID #: 114247 - 38 Asbestos Present: YES Other - 98%
Cust. #: 12A Chrysotile - 2%
Material: Mastic on Walls - Black
Location:
Appearance: black,fibrous,homogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 21 of 78
Page 263 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 39 Asbestos Present: YES Other - 98%
Cust. #: 12B Chrysotile - 2%
Material: Mastic on Walls - Black
Location:
Appearance: black,fibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 40 Asbestos Present: YES Other - 90%
Cust. #: 12C Chrysotile - 10%
Material: Mastic on Walls - Black
Location:
Appearance: black,fibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 41 Asbestos Present: NO Cellulose - 1%
Cust. #: 13A No Asbestos Observed Other - 99%
Material: Mastic on Floor - Black
Location:
Appearance: black,nonfibrous,homogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 22 of 78
Page 264 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 42 Asbestos Present: NO Cellulose - 1%
Cust. #: 13B No Asbestos Observed Other - 99%
Material: Mastic on Floor - Black
Location:
Appearance: black,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 43 Asbestos Present: NO Cellulose - 1%
Cust. #: 13C No Asbestos Observed Other - 99%
Material: Mastic on Floor - Black
Location:
Appearance: black,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 44 Asbestos Present: NO Other - 100%
Cust. #: 14A No Asbestos Observed
Material: Terrazzo - Tan
Location:
Appearance: grey,nonfibrous,nonhomogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 23 of 78
Page 265 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 45 Asbestos Present: NO Other - 100%
Cust. #: 14B No Asbestos Observed
Material: Terrazzo - Tan
Location:
Appearance: grey,nonfibrous,nonhomogenous
Layer: 1 of 1
Lab ID #: 114247 - 46 Asbestos Present: NO Other - 100%
Cust. #: 14C No Asbestos Observed
Material: Terrazzo - Tan
Location:
Appearance: grey,nonfibrous,nonhomogenous
Layer: 1 of 1
Lab ID #: 114247 - 47 Asbestos Present: NO Mineral Wool - 15%
Cust. #: 15A No Asbestos Observed Other - 85%
Material: Pipe Fitting Insulation
Location:
Appearance: white,fibrous,homogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 24 of 78
Page 266 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 48 Asbestos Present: NO Mineral Wool - 20%
Cust. #: 15B No Asbestos Observed Other - 80%
Material: Pipe Fitting Insulation
Location:
Appearance: white,fibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 49 Asbestos Present: NO Mineral Wool - 20%
Cust. #: 15C No Asbestos Observed Other - 80%
Material: Pipe Fitting Insulation
Location:
Appearance: white,fibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 50 Asbestos Present: NO Other - 100%
Cust. #: 16A No Asbestos Observed
Material: CMU Block
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 1 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 25 of 78
Page 267 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 50a Asbestos Present: NO Other - 100%
Cust. #: 16A No Asbestos Observed
Material: Mortar
Location:
Appearance: white,nonfibrous,homogenous
Layer: 2 of 2
Lab ID #: 114247 - 51 Asbestos Present: NO Other - 100%
Cust. #: 16B No Asbestos Observed
Material: CMU Block
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 51a Asbestos Present: NO Other - 100%
Cust. #: 16B No Asbestos Observed
Material: Mortar
Location:
Appearance: white,nonfibrous,homogenous
Layer: 2 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 26 of 78
Page 268 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 52 Asbestos Present: NO Other - 100%
Cust. #: 16C No Asbestos Observed
Material: CMU Block
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 52a Asbestos Present: NO Other - 100%
Cust. #: 16C No Asbestos Observed
Material: Mortar
Location:
Appearance: white,nonfibrous,homogenous
Layer: 2 of 2
Lab ID #: 114247 - 53 Asbestos Present: NO Other - 100%
Cust. #: 17A No Asbestos Observed
Material: Terrazzo - Green
Location:
Appearance: green,nonfibrous,homogenous
Layer: 1 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 27 of 78
Page 269 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 53a Asbestos Present: NO Other - 100%
Cust. #: 17A No Asbestos Observed
Material: Mortar
Location:
Appearance: beige,nonfibrous,homogenous
Layer: 2 of 2
Lab ID #: 114247 - 54 Asbestos Present: NO Other - 100%
Cust. #: 17B No Asbestos Observed
Material: Terrazzo - Green
Location:
Appearance: green,nonfibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 54a Asbestos Present: NO Other - 100%
Cust. #: 17B No Asbestos Observed
Material: Mortar
Location:
Appearance: beige,nonfibrous,homogenous
Layer: 2 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 28 of 78
Page 270 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 55 Asbestos Present: NO Other - 100%
Cust. #: 17C No Asbestos Observed
Material: Terrazzo - Green
Location:
Appearance: green,nonfibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 55a Asbestos Present: NO Other - 100%
Cust. #: 17C No Asbestos Observed
Material: Mortar
Location:
Appearance: beige,nonfibrous,homogenous
Layer: 2 of 2
Lab ID #: 114247 - 56 Asbestos Present: NO Mineral Wool - 10%
Cust. #: 18A No Asbestos Observed Other - 90%
Material: Spray-On Insulation
Location:
Appearance: white,fibrous,homogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 29 of 78
Page 271 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 57 Asbestos Present: NO Mineral Wool - 10%
Cust. #: 18B No Asbestos Observed Other - 90%
Material: Spray-On Insulation
Location:
Appearance: white,fibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 58 Asbestos Present: NO Mineral Wool - 10%
Cust. #: 18C No Asbestos Observed Other - 90%
Material: Spray-On Insulation
Location:
Appearance: white,fibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 59 Asbestos Present: NO Other - 100%
Cust. #: 19A No Asbestos Observed
Material: CMU Block
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 1 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 30 of 78
Page 272 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 59a Asbestos Present: NO Other - 100%
Cust. #: 19A No Asbestos Observed
Material: Mortar
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 2 of 2
Lab ID #: 114247 - 60 Asbestos Present: NO Other - 100%
Cust. #: 19B No Asbestos Observed
Material: CMU Block
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 60a Asbestos Present: NO Other - 100%
Cust. #: 19B No Asbestos Observed
Material: Mortar
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 2 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 31 of 78
Page 273 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 61 Asbestos Present: NO Other - 100%
Cust. #: 19C No Asbestos Observed
Material: CMU Block
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 61a Asbestos Present: NO Other - 100%
Cust. #: 19C No Asbestos Observed
Material: Mortar
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 2 of 2
Lab ID #: 114247 - 62 Asbestos Present: NO Other - 100%
Cust. #: 20A No Asbestos Observed
Material: Ceramic Tile - 2"x4", Brown
Location:
Appearance: beige,nonfibrous,homogenous
Layer: 1 of 3
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 32 of 78
Page 274 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 62a Asbestos Present: NO Other - 100%
Cust. #: 20A No Asbestos Observed
Material: Grout
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 2 of 3
Lab ID #: 114247 - 62b Asbestos Present: NO Other - 100%
Cust. #: 20A No Asbestos Observed
Material: Mortar
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 3 of 3
Lab ID #: 114247 - 63 Asbestos Present: NO Other - 100%
Cust. #: 20B No Asbestos Observed
Material: Ceramic Tile - 2"x4", Brown
Location:
Appearance: beige,nonfibrous,homogenous
Layer: 1 of 3
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 33 of 78
Page 275 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 63a Asbestos Present: NO Other - 100%
Cust. #: 20B No Asbestos Observed
Material: Grout
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 2 of 3
Lab ID #: 114247 - 63b Asbestos Present: NO Other - 100%
Cust. #: 20B No Asbestos Observed
Material: Mortar
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 3 of 3
Lab ID #: 114247 - 64 Asbestos Present: NO Other - 100%
Cust. #: 20C No Asbestos Observed
Material: Ceramic Tile - 2"x4", Brown
Location:
Appearance: beige,nonfibrous,homogenous
Layer: 1 of 3
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 34 of 78
Page 276 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 64a Asbestos Present: NO Other - 100%
Cust. #: 20C No Asbestos Observed
Material: Grout
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 2 of 3
Lab ID #: 114247 - 64b Asbestos Present: NO Other - 100%
Cust. #: 20C No Asbestos Observed
Material: Mortar
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 3 of 3
Lab ID #: 114247 - 65 Asbestos Present: NO Other - 100%
Cust. #: 21A No Asbestos Observed
Material: Ceramic Tile - 2" Hex
Location:
Appearance: white,nonfibrous,homogenous
Layer: 1 of 3
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 35 of 78
Page 277 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 65a Asbestos Present: NO Other - 100%
Cust. #: 21A No Asbestos Observed
Material: Grout
Location:
Appearance: white,nonfibrous,homogenous
Layer: 2 of 3
Lab ID #: 114247 - 65b Asbestos Present: NO Other - 100%
Cust. #: 21A No Asbestos Observed
Material: Mortar
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 3 of 3
Lab ID #: 114247 - 66 Asbestos Present: NO Other - 100%
Cust. #: 21B No Asbestos Observed
Material: Ceramic Tile - 2" Hex
Location:
Appearance: white,nonfibrous,homogenous
Layer: 1 of 3
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 36 of 78
Page 278 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 66a Asbestos Present: NO Other - 100%
Cust. #: 21B No Asbestos Observed
Material: Grout
Location:
Appearance: white,nonfibrous,homogenous
Layer: 2 of 3
Lab ID #: 114247 - 66b Asbestos Present: NO Other - 100%
Cust. #: 21B No Asbestos Observed
Material: Mortar
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 3 of 3
Lab ID #: 114247 - 67 Asbestos Present: NO Other - 100%
Cust. #: 21C No Asbestos Observed
Material: Ceramic Tile - 2" Hex
Location:
Appearance: white,nonfibrous,homogenous
Layer: 1 of 3
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 37 of 78
Page 279 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 67a Asbestos Present: NO Other - 100%
Cust. #: 21C No Asbestos Observed
Material: Grout
Location:
Appearance: white,nonfibrous,homogenous
Layer: 2 of 3
Lab ID #: 114247 - 67b Asbestos Present: NO Other - 100%
Cust. #: 21C No Asbestos Observed
Material: Mortar
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 3 of 3
Lab ID #: 114247 - 68 Asbestos Present: YES Other - 90%
Cust. #: 22A Chrysotile - 10%
Material: Tar
Location:
Appearance: black,fibrous,homogenous
Layer: 1 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 38 of 78
Page 280 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 68a Asbestos Present: YES Cellulose - 40%
Cust. #: 22A Chrysotile - 10% Fiberglass - 10%
Material: Roof Flashing - Tar/Felt Other - 40%
Location:
Appearance: black,fibrous,nonhomogenous
Layer: 2 of 2
Lab ID #: 114247 - 69 Asbestos Present: YES Other - 90%
Cust. #: 22B Chrysotile - 10%
Material: Tar
Location:
Appearance: black,fibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 69a Asbestos Present: YES Cellulose - 40%
Cust. #: 22B Chrysotile - 10% Fiberglass - 10%
Material: Roof Flashing - Felt Other - 40%
Location:
Appearance: black,fibrous,nonhomogenous
Layer: 2 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 39 of 78
Page 281 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 70 Asbestos Present: YES Other - 90%
Cust. #: 22C Chrysotile - 10%
Material: Tar
Location:
Appearance: black,fibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 70a Asbestos Present: YES Cellulose - 40%
Cust. #: 22C Chrysotile - 10% Fiberglass - 10%
Material: Roof Flashing - Felt Other - 40%
Location:
Appearance: black,fibrous,nonhomogenous
Layer: 2 of 2
Lab ID #: 114247 - 71 Asbestos Present: YES Other - 98%
Cust. #: 23A Chrysotile - 2%
Material: Caulking/Sealant - Gray
Location:
Appearance: grey,fibrous,homogenous
Layer: 1 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 40 of 78
Page 282 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 71a Asbestos Present: YES Other - 90%
Cust. #: 23A Chrysotile - 10%
Material: Tar
Location:
Appearance: black,fibrous,homogenous
Layer: 2 of 2
Lab ID #: 114247 - 72 Asbestos Present: YES Other - 98%
Cust. #: 23B Chrysotile - 2%
Material: Caulking/Sealant - Gray
Location:
Appearance: grey,fibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 72a Asbestos Present: YES Other - 90%
Cust. #: 23B Chrysotile - 10%
Material: Tar
Location:
Appearance: black,fibrous,homogenous
Layer: 2 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 41 of 78
Page 283 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 73 Asbestos Present: YES Other - 98%
Cust. #: 23C Chrysotile - 2%
Material: Caulking/Sealant - Gray
Location:
Appearance: grey,fibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 73a Asbestos Present: YES Other - 90%
Cust. #: 23C Chrysotile - 10%
Material: Tar
Location:
Appearance: black,fibrous,homogenous
Layer: 2 of 2
Lab ID #: 114247 - 74 Asbestos Present: NO Other - 100%
Cust. #: 24A No Asbestos Observed
Material: White Caulk
Location:
Appearance: white,nonfibrous,homogenous
Layer: 1 of 3
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 42 of 78
Page 284 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 74a Asbestos Present: YES Other - 98%
Cust. #: 24A Chrysotile - 2%
Material: Beige Caulk
Location:
Appearance: beige,fibrous,nonhomogenous
Layer: 2 of 3
Lab ID #: 114247 - 74b Asbestos Present: YES Other - 90%
Cust. #: 24A Chrysotile - 10%
Material: Tar
Location:
Appearance: black,fibrous,homogenous
Layer: 3 of 3
Lab ID #: 114247 - 75 Asbestos Present: NO Other - 100%
Cust. #: 24B No Asbestos Observed
Material: White Caulk
Location:
Appearance: white,nonfibrous,homogenous
Layer: 1 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 43 of 78
Page 285 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 75a Asbestos Present: YES Other - 95%
Cust. #: 24B Chrysotile - 5%
Material: Beige Caulk
Location:
Appearance: beige,fibrous,nonhomogenous
Layer: 2 of 2
Lab ID #: 114247 - 76 Asbestos Present: NO Other - 100%
Cust. #: 24C No Asbestos Observed
Material: White Caulk
Location:
Appearance: white,nonfibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 76a Asbestos Present: YES Other - 95%
Cust. #: 24C Chrysotile - 5%
Material: Beige Caulk
Location:
Appearance: beige,fibrous,nonhomogenous
Layer: 2 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 44 of 78
Page 286 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 77 Asbestos Present: NO Other - 100%
Cust. #: 25A No Asbestos Observed
Material: Window Glazing
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 78 Asbestos Present: NO Other - 100%
Cust. #: 25B No Asbestos Observed
Material: Window Glazing
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 79 Asbestos Present: NO Other - 100%
Cust. #: 25C No Asbestos Observed
Material: Window Glazing
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 45 of 78
Page 287 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 80 Asbestos Present: YES Other - 90%
Cust. #: 26A Chrysotile - 10%
Material: Tar
Location:
Appearance: black,fibrous,nonhomogenous
Layer: 1 of 2
Lab ID #: 114247 - 80a Asbestos Present: YES Cellulose - 15%
Cust. #: 26A Chrysotile - 10% Fiberglass - 15%
Material: Flashing - Tar/Felt Other - 60%
Location:
Appearance: black,fibrous,nonhomogenous
Layer: 2 of 2
Lab ID #: 114247 - 81 Asbestos Present: YES Other - 90%
Cust. #: 26B Chrysotile - 10%
Material: Tar
Location:
Appearance: black,fibrous,nonhomogenous
Layer: 1 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 46 of 78
Page 288 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 81a Asbestos Present: YES Cellulose - 40%
Cust. #: 26B Chrysotile - 10% Fiberglass - 10%
Material: Flashing - Tar/Felt Other - 40%
Location:
Appearance: black,fibrous,nonhomogenous
Layer: 2 of 2
Lab ID #: 114247 - 82 Asbestos Present: YES Other - 90%
Cust. #: 26C Chrysotile - 10%
Material: Tar
Location:
Appearance: black,fibrous,nonhomogenous
Layer: 1 of 2
Lab ID #: 114247 - 82a Asbestos Present: YES Cellulose - 40%
Cust. #: 26C Chrysotile - 10% Fiberglass - 10%
Material: Flashing - Tar/Felt Other - 40%
Location:
Appearance: black,fibrous,nonhomogenous
Layer: 2 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 47 of 78
Page 289 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 83 Asbestos Present: NO Other - 100%
Cust. #: 27A No Asbestos Observed
Material: Exterior Building Caulk
Location:
Appearance: beige,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 84 Asbestos Present: NO Other - 100%
Cust. #: 27B No Asbestos Observed
Material: Exterior Building Caulk
Location:
Appearance: beige,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 85 Asbestos Present: NO Other - 100%
Cust. #: 27C No Asbestos Observed
Material: Exterior Building Caulk
Location:
Appearance: beige,nonfibrous,homogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 48 of 78
Page 290 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 86 Asbestos Present: NO Other - 100%
Cust. #: 28A No Asbestos Observed
Material: Terrazzo - Black & Tan
Location:
Appearance: black,nonfibrous,nonhomogenous
Layer: 1 of 2
Lab ID #: 114247 - 86a Asbestos Present: NO Other - 100%
Cust. #: 28A No Asbestos Observed
Material: Mortar
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 2 of 2
Lab ID #: 114247 - 87 Asbestos Present: NO Other - 100%
Cust. #: 28B No Asbestos Observed
Material: Terrazzo - Black & Tan
Location:
Appearance: black,nonfibrous,homogenous
Layer: 1 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 49 of 78
Page 291 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 87a Asbestos Present: NO Other - 100%
Cust. #: 28B No Asbestos Observed
Material: Mortar
Location:
Appearance: grey,nonfibrous,nonhomogenous
Layer: 2 of 2
Lab ID #: 114247 - 88 Asbestos Present: NO Other - 100%
Cust. #: 28C No Asbestos Observed
Material: Terrazzo - Black & Tan
Location:
Appearance: black,nonfibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 88a Asbestos Present: NO Other - 100%
Cust. #: 28C No Asbestos Observed
Material: Mortar
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 2 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 50 of 78
Page 292 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 89 Asbestos Present: YES Other - 90%
Cust. #: 29A Chrysotile - 10%
Material: Transite
Location:
Appearance: grey,fibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 90 Asbestos Present: YES Other - 90%
Cust. #: 29B Chrysotile - 10%
Material: Transite
Location:
Appearance: grey,fibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 91 Asbestos Present: YES Other - 90%
Cust. #: 29C Chrysotile - 10%
Material: Transite
Location:
Appearance: grey,fibrous,homogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 51 of 78
Page 293 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 92 Asbestos Present: NO Other - 100%
Cust. #: 30A No Asbestos Observed
Material: Concrete - Floors
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 93 Asbestos Present: NO Other - 100%
Cust. #: 30B No Asbestos Observed
Material: Concrete - Floors
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 94 Asbestos Present: NO Other - 100%
Cust. #: 30C No Asbestos Observed
Material: Concrete - Floors
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 52 of 78
Page 294 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 95 Asbestos Present: NO Other - 100%
Cust. #: 31A No Asbestos Observed
Material: Concrete on Beams
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 96 Asbestos Present: NO Other - 100%
Cust. #: 31B No Asbestos Observed
Material: Concrete on Beams
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 97 Asbestos Present: NO Other - 100%
Cust. #: 31C No Asbestos Observed
Material: Concrete on Beams
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 53 of 78
Page 295 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 98 Asbestos Present: YES Other - 95%
Cust. #: 32A Chrysotile - 5%
Material: Mastic
Location: 1st Floor
Appearance: black,fibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 99 Asbestos Present: YES Other - 95%
Cust. #: 32B Chrysotile - 5%
Material: Mastic
Location: 1st Floor
Appearance: black,fibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 100 Asbestos Present: YES Other - 95%
Cust. #: 32C Chrysotile - 5%
Material: Mastic
Location: 1st Floor
Appearance: black,fibrous,homogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 54 of 78
Page 296 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 101 Asbestos Present: NO Cellulose - 20%
Cust. #: 33A No Asbestos Observed Fiberglass - 10%
Material: Spray-On Insulation Mica - 10%
Location: Other - 60%
Appearance: beige,fibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 102 Asbestos Present: NO Cellulose - 20%
Cust. #: 33B No Asbestos Observed Fiberglass - 10%
Material: Spray-On Insulation Mica - 10%
Location: Other - 60%
Appearance: beige,fibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 103 Asbestos Present: NO Cellulose - 20%
Cust. #: 33C No Asbestos Observed Fiberglass - 10%
Material: Spray-On Insulation Mica - 10%
Location: Other - 60%
Appearance: beige,fibrous,nonhomogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 55 of 78
Page 297 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 104 Asbestos Present: YES Other - 90%
Cust. #: 34A Chrysotile - 10%
Material: Mastic - Black
Location:
Appearance: black,fibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 105 Asbestos Present: YES Other - 90%
Cust. #: 34B Chrysotile - 10%
Material: Mastic - Black
Location:
Appearance: black,fibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 106 Asbestos Present: YES Other - 90%
Cust. #: 34C Chrysotile - 10%
Material: Mastic - Black
Location:
Appearance: black,fibrous,homogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 56 of 78
Page 298 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 107 Asbestos Present: YES Other - 90%
Cust. #: 35A Chrysotile - 10%
Material: Tar
Location:
Appearance: black,fibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 107a Asbestos Present: YES Cellulose - 50%
Cust. #: 35A Chrysotile - 10% Other - 40%
Material: Flashing - Tar/Felt
Location:
Appearance: black,fibrous,nonhomogenous
Layer: 2 of 2
Lab ID #: 114247 - 108 Asbestos Present: YES Other - 90%
Cust. #: 35B Chrysotile - 10%
Material: Tar
Location:
Appearance: black,fibrous,homogenous
Layer: 1 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 57 of 78
Page 299 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 108a Asbestos Present: YES Cellulose - 50%
Cust. #: 35B Chrysotile - 10% Other - 40%
Material: Flashing - Tar/Felt
Location:
Appearance: black,fibrous,nonhomogenous
Layer: 2 of 2
Lab ID #: 114247 - 109 Asbestos Present: YES Other - 90%
Cust. #: 35C Chrysotile - 10%
Material: Tar
Location:
Appearance: black,fibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 109a Asbestos Present: YES Cellulose - 50%
Cust. #: 35C Chrysotile - 10% Other - 40%
Material: Flashing - Tar/Felt
Location:
Appearance: black,fibrous,nonhomogenous
Layer: 2 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 58 of 78
Page 300 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 110 Asbestos Present: NO Mineral Wool - 25%
Cust. #: 36A No Asbestos Observed Other - 75%
Material: Spray-On Insulation
Location: East 1st
Appearance: white,fibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 111 Asbestos Present: NO Mineral Wool - 25%
Cust. #: 36B No Asbestos Observed Other - 75%
Material: Spray-On Insulation
Location: East 1st
Appearance: white,fibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 112 Asbestos Present: NO Mineral Wool - 25%
Cust. #: 36C No Asbestos Observed Other - 75%
Material: Spray-On Insulation
Location: East 1st
Appearance: white,fibrous,homogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 59 of 78
Page 301 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 113 Asbestos Present: NO Mineral Wool - 25%
Cust. #: 37A No Asbestos Observed Other - 75%
Material: Spray-On Insulation
Location: East Basement
Appearance: white,fibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 114 Asbestos Present: NO Mineral Wool - 25%
Cust. #: 37B No Asbestos Observed Other - 75%
Material: Spray-On Insulation
Location: East Basement
Appearance: white,fibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 115 Asbestos Present: NO Mineral Wool - 25%
Cust. #: 37C No Asbestos Observed Other - 75%
Material: Spray-On Insulation
Location: East Basement
Appearance: white,fibrous,homogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 60 of 78
Page 302 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 116 Asbestos Present: NO Other - 100%
Cust. #: 38A No Asbestos Observed
Material: Mastic/Adhesive
Location:
Appearance: black,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 117 Asbestos Present: NO Other - 100%
Cust. #: 38B No Asbestos Observed
Material: Mastic/Adhesive
Location:
Appearance: black,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 118 Asbestos Present: NO Other - 100%
Cust. #: 38C No Asbestos Observed
Material: Mastic/Adhesive
Location:
Appearance: black,nonfibrous,homogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 61 of 78
Page 303 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 119 Asbestos Present: NO Other - 100%
Cust. #: 39A No Asbestos Observed
Material: Concrete Floor
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 120 Asbestos Present: NO Other - 100%
Cust. #: 39B No Asbestos Observed
Material: Concrete Floor
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 121 Asbestos Present: NO Other - 100%
Cust. #: 39C No Asbestos Observed
Material: Concrete Floor
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 62 of 78
Page 304 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 122 Asbestos Present: NO Other - 100%
Cust. #: 40A No Asbestos Observed
Material: Concrete Roof
Location: Deck
Appearance: grey,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 123 Asbestos Present: NO Other - 100%
Cust. #: 40B No Asbestos Observed
Material: Concrete Roof
Location: Deck
Appearance: grey,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 124 Asbestos Present: NO Other - 100%
Cust. #: 40C No Asbestos Observed
Material: Concrete Roof
Location: Deck
Appearance: grey,nonfibrous,homogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 63 of 78
Page 305 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 125 Asbestos Present: NO Mineral Wool - 15%
Cust. #: 41A No Asbestos Observed Other - 85%
Material: Pipe Fitting Insulation
Location:
Appearance: beige,fibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 126 Asbestos Present: NO Mineral Wool - 15%
Cust. #: 41B No Asbestos Observed Other - 85%
Material: Pipe Fitting Insulation
Location:
Appearance: beige,fibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 127 Asbestos Present: NO Mineral Wool - 15%
Cust. #: 41C No Asbestos Observed Other - 85%
Material: Pipe Fitting Insulation
Location:
Appearance: beige,fibrous,homogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 64 of 78
Page 306 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 128 Asbestos Present: NO Other - 100%
Cust. #: 42A No Asbestos Observed
Material: Mastic
Location: Vault
Appearance: black,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 129 Asbestos Present: NO Other - 100%
Cust. #: 42B No Asbestos Observed
Material: Mastic
Location: Vault
Appearance: black,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 130 Asbestos Present: NO Other - 100%
Cust. #: 42C No Asbestos Observed
Material: Mastic
Location: Vault
Appearance: black,nonfibrous,homogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 65 of 78
Page 307 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 131 Asbestos Present: NO Cellulose - 1%
Cust. #: 43A No Asbestos Observed Other - 99%
Material: Mastic
Location: Basement Large Room
Appearance: black,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 132 Asbestos Present: NO Cellulose - 1%
Cust. #: 43B No Asbestos Observed Other - 99%
Material: Mastic
Location: Basement Large Room
Appearance: black,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 133 Asbestos Present: NO Other - 100%
Cust. #: 43C No Asbestos Observed
Material: Mastic
Location: Basement Large Room
Appearance: black,nonfibrous,homogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 66 of 78
Page 308 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 134 Asbestos Present: NO Other - 100%
Cust. #: 44A No Asbestos Observed
Material: Mastic
Location: Basement
Appearance: black,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 135 Asbestos Present: NO Cellulose - 1%
Cust. #: 44B No Asbestos Observed Other - 99%
Material: Mastic
Location: Basement
Appearance: black,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 136 Asbestos Present: NO Other - 100%
Cust. #: 44C No Asbestos Observed
Material: Mastic
Location: Basement
Appearance: black,nonfibrous,homogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 67 of 78
Page 309 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 137 Asbestos Present: NO Other - 100%
Cust. #: 45A No Asbestos Observed
Material: Mastic on Walls - Black
Location:
Appearance: black,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 138 Asbestos Present: NO Other - 100%
Cust. #: 45B No Asbestos Observed
Material: Mastic on Walls - Black
Location:
Appearance: black,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 139 Asbestos Present: NO Other - 100%
Cust. #: 45C No Asbestos Observed
Material: Mastic on Walls - Black
Location:
Appearance: black,nonfibrous,homogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 68 of 78
Page 310 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 140 Asbestos Present: NO Cellulose - 1%
Cust. #: 46A No Asbestos Observed Other - 99%
Material: Mastic - Black, 6", Dots
Location:
Appearance: black,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 141 Asbestos Present: NO Cellulose - 1%
Cust. #: 46B No Asbestos Observed Other - 99%
Material: Mastic - Black, 6", Dots
Location:
Appearance: black,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 142 Asbestos Present: NO Cellulose - 1%
Cust. #: 46C No Asbestos Observed Other - 99%
Material: Mastic - Black, 6", Dots
Location:
Appearance: black,nonfibrous,homogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 69 of 78
Page 311 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 143 Asbestos Present: YES Other - 95%
Cust. #: 47A Chrysotile - 5%
Material: Building Caulk - White
Location:
Appearance: white,fibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 144 Asbestos Present: YES Other - 95%
Cust. #: 47B Chrysotile - 5%
Material: Building Caulk - White
Location:
Appearance: white,fibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 145 Asbestos Present: YES Other - 95%
Cust. #: 47C Chrysotile - 5%
Material: Building Caulk - White
Location:
Appearance: white,fibrous,homogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 70 of 78
Page 312 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 146 Asbestos Present: NO Other - 100%
Cust. #: 48A No Asbestos Observed
Material: Mastic - Black
Location: Old Building
Appearance: black,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 147 Asbestos Present: NO Other - 100%
Cust. #: 48B No Asbestos Observed
Material: Mastic - Black
Location: Old Building
Appearance: black,nonfibrous,homogenous
Layer: 1 of 1
Lab ID #: 114247 - 148 Asbestos Present: NO Other - 100%
Cust. #: 48C No Asbestos Observed
Material: Mastic - Black
Location: Old Building
Appearance: black,nonfibrous,homogenous
Layer: 1 of 1
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 71 of 78
Page 313 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 149 Asbestos Present: NO Cellulose - 20%
Cust. #: 49A No Asbestos Observed Other - 80%
Material: Wallboard
Location:
Appearance: white,fibrous,nonhomogenous
Layer: 1 of 2
Lab ID #: 114247 - 149a Asbestos Present: YES Other - 98%
Cust. #: 49A Chrysotile - 2%
Material: Joint Compound
Location:
Appearance: white,fibrous,homogenous
Layer: 2 of 2
Lab ID #: 114247 - 150 Asbestos Present: NO Cellulose - 20%
Cust. #: 49B No Asbestos Observed Other - 80%
Material: Wallboard
Location:
Appearance: white,fibrous,nonhomogenous
Layer: 1 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 72 of 78
Page 314 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 150a Asbestos Present: YES Other - 98%
Cust. #: 49B Chrysotile - 2%
Material: Joint Compound
Location:
Appearance: white,fibrous,homogenous
Layer: 2 of 2
Lab ID #: 114247 - 151 Asbestos Present: NO Cellulose - 20%
Cust. #: 49C No Asbestos Observed Other - 80%
Material: Wallboard
Location:
Appearance: white,fibrous,nonhomogenous
Layer: 1 of 2
Lab ID #: 114247 - 151a Asbestos Present: YES Other - 98%
Cust. #: 49C Chrysotile - 2%
Material: Joint Compound
Location:
Appearance: white,fibrous,homogenous
Layer: 2 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 73 of 78
Page 315 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 152 Asbestos Present: NO Cellulose - 95%
Cust. #: 50A No Asbestos Observed Other - 5%
Material: Cork
Location:
Appearance: brown,fibrous,homogenous
Layer: 1 of 3
Lab ID #: 114247 - 152a Asbestos Present: NO Other - 100%
Cust. #: 50A No Asbestos Observed
Material: Plaster Finish Coat Ceiling
Location:
Appearance: white,nonfibrous,homogenous
Layer: 2 of 3
Lab ID #: 114247 - 152b Asbestos Present: NO Other - 100%
Cust. #: 50A No Asbestos Observed
Material: Plaster Base Coat
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 3 of 3
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 74 of 78
Page 316 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 153 Asbestos Present: NO Cellulose - 90%
Cust. #: 50B No Asbestos Observed Other - 10%
Material: Cork
Location:
Appearance: brown,fibrous,homogenous
Layer: 1 of 3
Lab ID #: 114247 - 153a Asbestos Present: NO Other - 100%
Cust. #: 50B No Asbestos Observed
Material: Plaster Finish Coat Ceiling
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 2 of 3
Lab ID #: 114247 - 153b Asbestos Present: NO Other - 100%
Cust. #: 50B No Asbestos Observed
Material: Plaster Base Coat
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 3 of 3
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 75 of 78
Page 317 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 154 Asbestos Present: NO Cellulose - 95%
Cust. #: 50C No Asbestos Observed Other - 5%
Material: Cork
Location:
Appearance: brown,fibrous,homogenous
Layer: 1 of 3
Lab ID #: 114247 - 154a Asbestos Present: NO Other - 100%
Cust. #: 50C No Asbestos Observed
Material: Plaster Finish Coat Ceiling
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 2 of 3
Lab ID #: 114247 - 154b Asbestos Present: NO Other - 100%
Cust. #: 50C No Asbestos Observed
Material: Plaster Base Coat
Location:
Appearance: grey,nonfibrous,homogenous
Layer: 3 of 3
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 76 of 78
Page 318 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 155 Asbestos Present: NO Other - 100%
Cust. #: 51A No Asbestos Observed
Material: Stair Tread - Red
Location:
Appearance: red,nonfibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 155a Asbestos Present: NO Other - 100%
Cust. #: 51A No Asbestos Observed
Material: Glue
Location:
Appearance: yellow,nonfibrous,homogenous
Layer: 2 of 2
Lab ID #: 114247 - 156 Asbestos Present: NO Other - 100%
Cust. #: 51B No Asbestos Observed
Material: Stair Tread - Red
Location:
Appearance: red,nonfibrous,homogenous
Layer: 1 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 77 of 78
Page 319 of 377
Certificate of Laboratory Analysis
Test Method, Polarized Light Microscopy (PLM)
Project: City of Muskegon 880 1st St.
Project #: 2260
Report To: ARI Report # 24-114247
Mr. Cody Adams Date Collected: 11/12/24
Asbestos Abatement, Inc. Date Received: 11/19/24
2420 N Grand River Date Analyzed:11/20-21/24
Lansing, MI 48906 Date Reported: 11/21/24
Sample Information Asbestos Type/Percent Non-Asbestos Material
Lab ID #: 114247 - 156a Asbestos Present: NO Other - 100%
Cust. #: 51B No Asbestos Observed
Material: Glue
Location:
Appearance: yellow,nonfibrous,homogenous
Layer: 2 of 2
Lab ID #: 114247 - 157 Asbestos Present: NO Other - 100%
Cust. #: 51C No Asbestos Observed
Material: Stair Tread - Red
Location:
Appearance: red,nonfibrous,homogenous
Layer: 1 of 2
Lab ID #: 114247 - 157a Asbestos Present: NO Other - 100%
Cust. #: 51C No Asbestos Observed
Material: Glue
Location:
Appearance: yellow,nonfibrous,homogenous
Layer: 2 of 2
For Layered Samples, each component will be analyzed and reported separately.
Robert T. Letarte Jr., Laboratory Director
Test Method EPA 40 CFR - Part 763 and/or EPA 600/R-93/116 was used to analyze the above samples. Matrix interference and/or resolution limits may yield false/negative results in certain
circumstances. Suspect floor tiles containing <1% should be tested with SEM or TEM. This certificate of analysis relates only to the samples as submitted and to insure the integrity of the results,
may only be reproduced in full. This certificate must not be used by the customer to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal
Government. Liability limited to cost of analysis.
APEX Research Inc., 7717 Kensington Ct., Brighton, MI 48116
NVLAP Lab Code 102118-0 (734) 449-9990, Fax (734) 449-9991 Page 78 of 78
Page 320 of 377
Page 321 of 377
Page 322 of 377
Page 323 of 377
Page 324 of 377
APPENDIX E
DEFINITIONS & CLASSIFICATIONS
Page 325 of 377
Asbestos Definitions and Classifications
ACM (Asbestos Containing Material) – Commercial asbestos product containing more than 1% asbestos.
ACM must be disposed as hazardous waste. Note: Federal OSHA and Cal-OSHA control materials
containing any amount of asbestos.
ACBM (Asbestos Containing Building Material) – AHERA/ASHARA term for material containing more than
1% asbestos in or on interior structural members or other structural components. Includes covered
walkways, porticos and exterior HVAC TSI.
ACCM (Asbestos Containing Construction Material) – California term for a manufactured construction material
containing greater than .1% (one tenth of one percent) asbestos.
PACM (Presumed Asbestos Containing Material) OSHA considers all TSI and surfacing materials installed
prior to1980 to be ACM unless proven otherwise.
Friable Asbestos Containing Material that can be crumbled pulverized or reduced to powder by hand pressure
when dry.
NOA Naturally Occurring Asbestos. CARB defines as having >.25% by point counting.
ACM CARB term for naturally occurring asbestos >.25% by point counting
DACM Designated Asbestos Containing Material: Floortile installed before 1981
Categories of Asbestos Used BY EPA AHERA/ASHARA and OSHA/Cal-OSHA
TSI (Thermal System Insulation) - “Thermal system insulation (TSI)” means ACM applied to pipes, fittings,
boilers, breeching, tanks, ducts or other structural components to prevent heat loss or gain. “Thermal
system insulation ACM” is thermal system insulation which contains more than 1% asbestos.
SURFACING “Surfacing material” means material that is sprayed, troweled-on or otherwise applied to surfaces (such
(usually mixed as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on
on site at time surfaces for acoustical, fireproofing, and other purposes).
of application) “Surfacing ACM” means surfacing material which contains more than 1% asbestos. NOTE:
OSHA/Cal-OSHA do not classify skim coat, taping mud, floor tile mastic, stucco, leveling
compound, and hard wall plasters or wall texturing as surfacing.
MISC. All other ACM, including classify taping mud, floor tile mastic, stucco, leveling compound, and hard
wall plasters or wall texturing as surfacing.
NESHAPS Categories for Asbestos
(Used by Air Quality Management Districts for Renovation and Demolition)
Category I Cat I Non-friable Asbestos Containing Material(ACM) refers to asbestos containing packing,
gaskets, resilient floor covering, Galbestos, and asphalt roofing products containing more than
1% asbestos.
Category II Cat II Non-friable Asbestos-Containing Material (ACM) is any material that is not Cat I that contains
greater than 1% asbestos.
RACM “Regulated Asbestos-Containing Material.” – Friable manufactured asbestos material (ACM)
or a Category I non-friable ACM that has become friable OR a Category I non-friable ACM that will be
or has been subjected to sanding, grinding, cutting or abrading OR Category II non-friable ACM that has
a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces
expected to act on the material in the course of demolition or renovation operations. RACM should be
removed prior to renovation or demolition.
Page 326 of 377
December 6, 2024
Contessa Alexander
Development Analyst
City of Muskegon
933 Terrace St.
Muskegon, MI 49440
RE: 880 First Street Abatement Proposal
Asbestos Abatement Inc. (AAI) is pleased to provide you with the following proposal for your
consideration. The scope of work is limited to the work described below only and not for any
other substance or condition. The price included applicable taxes.
Scope by AAI:
Removal and disposal of asbestos containing materials in NESHAP survey dated 11/25/24
Required personal air monitoring and clearances included. Continuous third-party air monitoring
not included.
State notification and permits included
Price = $94,125
Notes/Disclaimers: work hours are M-F during normal business hours.
The quoted rates are valid for 30 days from the date listed at the top of this agreement.
If you have any questions, feel free to call me. Thank you.
Respectfully,
Mike Busterna
Project Manager/Estimator
Page 327 of 377
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 10, 2024 Title: Concur with CRC Recommendations to
Accept Resignations and Make Appointment
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
To concur with the Community Relations Committee recommendation to accept the resignation of
Barry Williams from the Housing Commission and to appoint Jesse De Los Santos.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A x
Recommended Motion:
Concur with the Community Relations Committee recommendation to accept the resignation of
Barry Williams from the Housing Commission and to appoint Jesse De Los Santos.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 328 of 377
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 10, 2024 Title: Brownfield Plan Amendment, Lakeshore
Hotel Partners, LLC, 181 and 201 Viridian Drive
Submitted by: Contessa Alexander, Development Department: Economic Development
Analyst
Brief Summary:
Lakeshore Hotel Partners, LLC has submitted a Brownfield Plan Amendment for the Harbor 31 Hotel
redevelopment at 181 and 201 Viridian Drive. The project involves constructing a five-story hotel with
126 rooms, and 146 parking spaces.
Detailed Summary & Background:
The project site, located at 181 and 201 Viridian Drive, is currently vacant but has a long history of
industrial use dating back to the 1800s. This industrial activity has left the property with various
contaminants. The developer is in the process of completing both a Phase I Environmental Site
Assessment (ESA) and a Baseline Environmental Assessment (BEA).
The contaminants identified on-site include benzo(a)pyrene, fluoranthene, naphthalene,
phenanthrene, arsenic, cadmium, chromium (total), copper, lead, selenium, zinc, and nickel. Given
the historical usage and the presence of these contaminants, the property qualifies as an eligible
property under the Michigan Redevelopment Financing Act, Act 381 of 1996.
A Brownfield Plan has been established to reimburse both existing and anticipated eligible costs to
the developer. Tax increment revenues (TIR) will be captured from local sources only to facilitate this
reimbursement. The total cost of eligible activities anticipated for reimbursement, inclusive of
contingencies, is estimated at $2,392,792. Additionally, the BRA administrative costs are expected to
be up to $364,771, with an estimated capture of TIR for the Local Brownfield Revolving Fund (LBRF) up
to $890,145.
Project Overview and Tax Increment Financing Plan
The redevelopment project, with an initial taxable value set at the 2024 combined amount of
$200,800, is scheduled to begin construction in fall 2024 and reach completion by fall 2025. Upon
completion, the taxable value of the property is projected to increase to approximately $5,000,000.
Tax Increment Revenue (TIR) Collection
Tax increment revenue collection will commence within five years of the plan’s adoption, it is
anticipated to start as early as 2026. An estimated schedule of captured taxable value by year is
presented in Table 2 of the Brownfield Plan. Reimbursements will be based on the actual tax
increment realized. Once all eligible expenses have been reimbursed, the Brownfield
Redevelopment Authority (BRA) may capture up to five additional years of tax increment revenues
to deposit into the Local Brownfield Revolving Fund (LBRF), or until the total eligible activity costs are
met, whichever is sooner.
Page 329 of 377
Public Act 255 Commercial Redevelopment Act Tax Abatement
The project also seeks a 12-year tax abatement under Public Act 255, the Commercial
Redevelopment Act, to support the redevelopment efforts.
Plan Duration and Capture Timeline
The plan is designed to remain in place for 25 years or until all eligible activities are fully reimbursed. If
eligible costs are covered sooner, up to five additional years of TIR capture may continue for LBRF
funding. However, the maximum plan duration will not exceed 30 years.
Eligible Activities and Costs
The following are the estimated costs for eligible activities under this plan:
• Site Assessment and Baseline Environmental Assessment Activities: $20,000
• Site Demolition Activities: $10,000
• Due Care Activities: $370,000
• Site Preparation: $997,000
• Local Only Eligible Activities Subtotal: $1,397,000
• Contingency (15%): $205,050
• Interest Expense (5%): $770,742
• Brownfield Plan/Work Plan Preparation: $10,000
• Brownfield Plan/Work Plan Implementation: $10,000
Total Cost for Local Only Eligible Activities: $2,392,792
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Progress toward completion of ongoing economic development projects
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I motion to approve the resolution for the Brownfield Plan Amendment for the Harbor 31 Hotel and
authorize the City Mayor and City Clerk to sign the attached resolution.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Page 330 of 377
Other Division Heads
Communication
Legal Review
Page 331 of 377
Act 381 Brownfield Plan
Harbor 31 Hotel
181 and 201 Viridian Drive
Muskegon, Michigan 49440
Prepared For:
City of Muskegon Brownfield Redevelopment Authority
Project No. 240340
October 30, 2024
Page 332 of 377
Act 381 Brownfield Plan
Harbor 31 Hotel
181 and 201 Viridian Drive
Muskegon, Michigan 49440
Prepared For:
City of Muskegon Brownfield Redevelopment Authority
City of Muskegon, Michigan
October 30, 2024
Project No. 240340
Recommended for Approval by Brownfield Redevelopment Authority on: ________________
Adopted by the City of Muskegon City Commission on: ________________
Page 333 of 377
Table of Contents Fishbeck | Page i
1.0 Introduction ...................................................................................................................................................1
1.1 Proposed Redevelopment and Future Use for Each Eligible Property ..............................................1
1.2 Eligible Property Information ............................................................................................................1
2.0 Information Required by Section 13(2) of the Statute ...................................................................................2
2.1 Description of Costs to be Paid for with Tax Increment Revenues ...................................................2
2.1.1 Pre-Approved Activities .......................................................................................................2
2.1.2 Department Specific Activities .............................................................................................2
2.1.3 Site Preparation ...................................................................................................................2
2.1.4 Brownfield Plan/Work Plan Preparation ..............................................................................2
2.1.5 Brownfield Plan/Work Plan Implementation .......................................................................2
2.1.6 Interest ................................................................................................................................3
2.1.7 Contingency .........................................................................................................................3
2.1.8 Authority Administration Cost .............................................................................................3
2.1.9 Local Brownfield Revolving Fund .........................................................................................3
2.2 Summary of Eligible Activities ...........................................................................................................3
2.3 Estimate of Captured Taxable Value and Tax Increment Revenues ..................................................3
2.4 Method of Financing and Description of Advances Made by the Municipality ................................4
2.5 Maximum Amount of Note or Bonded Indebtedness .......................................................................4
2.6 Duration of Brownfield Plan..............................................................................................................4
2.7 Estimated Impact of Tax Increment Financing on Revenues of Taxing Jurisdictions ........................4
2.8 Legal Description, Property Map, Statement of Qualifying Characteristics, and Personal Property .4
2.9 Estimates of Residents and Displacement of Individuals/Families....................................................5
2.10 Plan for Relocation of Displaced Persons..........................................................................................5
2.11 Provisions for Relocation Costs .........................................................................................................5
2.12 Strategy for Compliance with Michigan’s Relocation Assistance Law...............................................5
2.13 Other Material that the Authority or Governing Body Considers Pertinent .....................................5
List of Figures
Figure 1 – Location Map of the Eligible Property
Figure 2 – Site Plans
List of Tables
Table 1 – Summary of Eligible Costs
Table 2 – Total Captured Incremental Taxes Estimates
Table 3 – Estimated Reimbursement Schedule
List of Appendices
Appendix 1 Brownfield Plan Resolution(s)
Appendix 2 Development/Reimbursement Agreement
Appendix 3 Notice to Taxing Jurisdictions
Appendix 4 Notice of Public Hearing
Appendix 5 Environmental Data Tables and Map
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Table of Contents Fishbeck | Page ii
List of Abbreviations/Acronyms
Act 381 Brownfield Redevelopment Financing Act, 1996 PA 381, as amended
Authority City of Muskegon Brownfield Redevelopment Authority
BEA Baseline Environmental Assessment
Developer Lakeshore Hotel Partners, LLC
ESA Environmental Site Assessment
LBRF Local Brownfield Revolving Fund
NREPA Natural Resources and Environmental Protect Act
PA Public Act
Plan Amendment Brownfield Plan Amendment
Property 181 and 201 Viridian Drive
QLGU Qualified Local Governmental Unit
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1.0 Introduction
The City of Muskegon Brownfield Redevelopment Authority (the “Authority”) was established by the City of
Muskegon pursuant to the Brownfield Redevelopment Financing Act, Michigan Public Act (PA) 381 of 1996, as
amended (“Act 381”). The primary purpose of Act 381 is to encourage the redevelopment of eligible property by
providing economic development incentives through tax increment financing for certain eligible properties.
This Brownfield Plan Amendment (“Plan Amendment”) serves as an amendment to the City of Muskegon’s
existing Brownfield Plan, allowing the inclusion of the eligible property described in Sections 1.1 and 1.2 below.
Incorporation of eligible property into the City’s Brownfield Plan permits the use of tax increment financing to
reimburse Lakeshore Hotel Partners, LLC (“Developer”) for the cost of eligible activities required to redevelop the
eligible property. See Appendix 1 for copies of Plan Amendment resolutions.
1.1 Proposed Redevelopment and Future Use for Each Eligible Property
The Developer is proposing to redevelop the Harbor 31 Element Hotel located at 181 and 201 Viridian Drive (the
“Property”). The proposed redevelopment activities for “Element Muskegon” include the construction of a
five-story hotel with 126 hotel rooms, 146 parking spaces, and two elevators. Amenities include two meeting
rooms, an indoor pool, a gym, and a restaurant and bar on the fifth floor along with an outdoor patio and dining.
The total amount of project investment is estimated to be $28,800,000 with 30–35 full-time equivalent jobs
created as a result of this development. Construction is expected to start in fall 2024 and be completed by fall
2025. The proposed site plan is included in Figure 2.
This project serves a public purpose in the City of Muskegon, a Qualified Local Governmental Unit (QLGU),
expanding the tax base, investing significant capital into the community, and creating new jobs. Within walking
distance from both Muskegon Lake and Downtown Muskegon’s Social District, the Element Muskegon will be a
key part of the 31-acre lakefront Harbor 31 master-planned community, which includes homes, townhomes,
apartments, senior living, office space, and a marina for residents and visitors. There is no existing hotel or hotel
in development on this level of service within the region, so it will draw both community members and national
visitors looking to visit this region and Lake Michigan.
1.2 Eligible Property Information
Parcel ID: 61-24-607-000-0007-00
181 Viridian Drive, Muskegon, Michigan 49440
Approximately 0.99 acres
Parcel ID: 61-24-607-000-0006-00
201 Viridian Drive, Muskegon, Michigan 49440
Approximately 2.0 acres
The property is located in the City of Muskegon, a QLGU pursuant to Act 381.
The Property has been historically utilized for industrial purposes dating back to the 1800s. Based on historical
environmental investigations conducted over the past 25 years, these past industrial uses have resulted in
widespread contamination across the Property. Known contaminants in the soil with concentrations exceeding
Michigan Department of Environment, Great Lakes, and Energy (EGLE) Part 201 Generic Residential Cleanup
Criteria include benzo(a)pyrene, fluoranthene, naphthalene, phenanthrene, arsenic, cadmium, chromium (total),
copper, lead, selenium, zinc, and nickel.
The Developer is not a liable party and is in the process of completing a Phase I Environmental Site Assessment
(ESA) and a Baseline Environmental Assessment (BEA) in accordance with Part 201 of the Natural Resources and
Environmental Protect Act, 1995 PA 451, as amended (NREPA).
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Given the known soil contamination, the Property is a “facility” pursuant to Part 201 of NREPA. As such, it is
considered an “eligible property” as defined by the Michigan Redevelopment Financing Act, Act 381 of 1996.
Maps depicting the location and layout of the Property are attached as Figures 1 and 2. Historic environmental
data tables and associated sample location maps are provided in Appendix 5.
2.0 Information Required by Section 13(2) of the Statute
2.1 Description of Costs to be Paid for with Tax Increment Revenues
This Brownfield Plan has been developed to reimburse existing and anticipated costs to be incurred by the
Developer. Tax increment revenues will be captured for reimbursement from local-only tax increment revenues.
The total cost of eligible activities anticipated to be reimbursed to the Developer, inclusive of contingencies, is
anticipated to be $2,392,792. Authority administrative costs are anticipated to be up to $364,771. While all
activities are eligible, as defined in Act 381, the estimated eligible activities and costs under this plan are
summarized in Table 1. The capture of tax increment revenue for the Local Brownfield Revolving Fund (LBRF) is
estimated to be up to $890,145.
2.1.1 Pre-Approved Activities
Eligible costs for reimbursement include Pre-Approved Activities, permitted to occur prior to Plan Amendment
adoption. Preparation of Phase I and II ESA(s), BEA, and Documentation of Due Care Compliance (DDCC) are
necessary to protect the new Property owner/Developer from liability for environmental contamination.
Additional due care assessment and/or planning activities are anticipated including, but not limited to, the
preparation of a soil management plan and health and safety plan. The total cost is anticipated to be $20,000.
Demolition costs up to $250,000 are preapproved under Act 381. Site demolition, including the removal of curbs
and gutters, is anticipated to support the redevelopment. The total cost is anticipated to be $10,000.
The total Pre-Approved Activities cost is $20,000.
2.1.2 Department Specific Activities
Due care activities will include additional investigative sampling and implementation of vapor concerns. Due care
costs will include environmental consultant oversight and management. If needed, engineering barriers, including
site concrete and paving, are anticipated to cost $160,000, a vapor mitigation system is anticipated to cost
$160,000, and contaminated soil removal and disposal is anticipated to cost $50,000, totaling $370,000.
2.1.3 Site Preparation
Site preparation activities are anticipated to include clearing and grubbing ($5,000), cut and fill operations
($5,000), dewatering ($30,000), excavation of unstable material ($60,000), fill ($71,000), foundation work/helical
piers to address special soil concerns ($620,000), staking ($30,000), temporary construction access/roads
($6,000), temporary erosion control ($8,000), temporary site control ($12,000), and associated soft costs
($150,000). The total cost of site preparation activities is anticipated to be $997,000.
2.1.4 Brownfield Plan/Work Plan Preparation
Preparation of the Brownfield Plan is estimated to cost $10,000.
2.1.5 Brownfield Plan/Work Plan Implementation
Implementation of the Brownfield Plan is estimated to cost $10,000.
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2.1.6 Interest
A 5% simple interest calculation is anticipated on the total costs annually. The total cost is anticipated to be
$770,742.
2.1.7 Contingency
A 15% contingency on future costs is included to cover unexpected cost overruns encountered during
construction. The total contingency cost is anticipated at $205,050.
2.1.8 Authority Administration Cost
Eligible costs incurred by the Authority are included in this plan as an eligible expense at 10% of annual local tax
increment capture per year. These expenses will be reimbursed with local tax increment revenues only and are
estimated to total as much as $364,771.
2.1.9 Local Brownfield Revolving Fund
The Authority intends to capture tax increments for deposits in the LBRF for an estimated five years, or as allowed
by the statute. This capture is estimated to be up to $890,145.
2.2 Summary of Eligible Activities
Environmental Activities
Pre-approved environmental costs and department specific activities are anticipated to be reimbursed through a
Brownfield Plan local-only tax increment revenues.
Non-Environmental Activities
Because the City of Muskegon is a QLGU, additional non-environmental costs defined in Section 2(o)(ii) of Act 381
can be reimbursed through a Brownfield Plan. While all eligible activities as defined by Act 381 are eligible, this
plan is estimated to provide reimbursement of eligible site demolition, site preparation, development of the
Brownfield Plan costs, and interest expense. These costs will be reimbursed with local-only tax increment
revenues.
Authority Expenses
Eligible administrative costs incurred by the Authority are included as a flat fee of 10% of local tax capture.
Administration expenses will be reimbursed with local tax increment revenues only.
Contingencies
A 15% contingency on future costs is included to cover unexpected cost overruns encountered during
construction. The plan does not include a contingency on pre-approved activities or the preparation of the
Brownfield Plan.
2.3 Estimate of Captured Taxable Value and Tax Increment Revenues
The initial taxable value will be the 2024 combined taxable value, $200,800. An estimate of the captured taxable
value for this redevelopment by year is depicted in Table 2. This plan captures all available tax increment
revenues, including real and personal property tax increment revenues.
The project is intended to start construction in fall 2024 and be completed by fall 2025. Tax increment revenue
collection will start within five years of the adoption of this plan and is anticipated to begin as early as 2026.
Future taxable value estimates have been derived using the redevelopment information provided by the
Developer and reviewing market comparables. After the completion of the project, the projected taxable value is
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October 30, 2024 Fishbeck | Page 4
estimated at $5,000,000. In addition to tax increment financing, a Public Act 255 Commercial Redevelopment Act
Tax Abatement is being pursued for this development for an estimated 12 years. Reimbursements will be made
on the actual tax increment that is realized. The estimated captured taxable value for this redevelopment by year
and in aggregate for each taxing jurisdiction is depicted in tabular form (Table 2). Once eligible expenses are
reimbursed, the Authority may capture up to five full years of the tax increment and deposit the revenues into an
LBRF or an amount not to exceed the total cost of eligible activities. The Authority intends to capture tax
increments for deposits in the LBRF for an estimated five years. The plan also includes a flat fee of 10% of the
local tax increment for administrative and operating expenses of the Authority. A summary of the estimated
reimbursement schedule and the amount of capture into the LBRF by year and in aggregate is presented in
Table 3.
2.4 Method of Financing and Description of Advances Made by the Municipality
The eligible activities contemplated under this plan will be financed by the Developer, as outlined in this plan and
the accompanying development and reimbursement agreement (Appendix 2). No advances from the city are
anticipated at this time.
2.5 Maximum Amount of Note or Bonded Indebtedness
At this time, there are no plans by the Authority to incur indebtedness to support the development of this site,
but such plans could be made in the future to assist in the development if the Authority so chooses.
2.6 Duration of Brownfield Plan
The Authority intends to begin the capture of tax increment as early as 2026. This plan will then remain in place
for 25 years, or until the eligible activities have been fully reimbursed and up to five full years of capture into the
LBRF (not to exceed the cost of eligible activities or 30 years), whichever occurs sooner. An analysis showing the
reimbursement schedule is attached in Table 3.
2.7 Estimated Impact of Tax Increment Financing on Revenues of Taxing
Jurisdictions
An estimate of the impact of tax increment financing on the revenues of all taxing jurisdictions is illustrated in
detail in Table 2.
2.8 Legal Description, Property Map, Statement of Qualifying Characteristics,
and Personal Property
A map showing eligible property dimensions is attached in Figure 1.
The legal descriptions for the parcels are as follows:
Parcel ID No.: 61-24-607-000-0007-00
CITY OF MUSKEGON MUSKEGON LAKESHORE SMARTZONE UNIT G FIFTH AMEND TO MASTER DEED L/P
4292/128 SUBJ TO ELECTRIC ESMT REC L/P 3591/578 SBJT TO ELECTRIC EASEMENT RECORD'D L/P
3630/646
Parcel ID No.: 61-24-607-000-0006-00
CITY OF MUSKEGON MUSKEGON LAKESHORE SMARTZONE UNIT F FIFTH AMEND TO MASTER DEED L/P
4292/128 SUBJ TO ELECTRIC ESMT REC L/P 3591/578 SBJT TO ELECTRIC EASEMENT RECORD'D L/P
3630/646
Z:\2024\240340\WORK\REPT\ACT 381_BROWNFIELD PLAN_HARBOR 31 HOTEL_CITY OF MUSKEGON BRA_2024_1030_DFT.DOCX
Page 339 of 377
October 30, 2024 Fishbeck | Page 5
The property is located in the City of Muskegon, a QLGU pursuant to Act 381. The property qualifies as “eligible
property” under Act 381 on the basis of meeting the definition of “facility.” This Brownfield Plan does intend to
capture tax increment revenues associated with personal property tax, if available.
2.9 Estimates of Residents and Displacement of Individuals/Families
There are no residents or families residing at this property, and thus no residents, families, or individuals will be
displaced by the project.
2.10 Plan for Relocation of Displaced Persons
No persons reside on the eligible property. Therefore, this section is not applicable.
2.11 Provisions for Relocation Costs
No persons reside on the eligible property. Therefore, this section is not applicable.
2.12 Strategy for Compliance with Michigan’s Relocation Assistance Law
No persons reside on the eligible property. Therefore, this section is not applicable.
2.13 Other Material that the Authority or Governing Body Considers Pertinent
None.
Z:\2024\240340\WORK\REPT\ACT 381_BROWNFIELD PLAN_HARBOR 31 HOTEL_CITY OF MUSKEGON BRA_2024_1030_DFT.DOCX
Page 340 of 377
Figures
Page 341 of 377
Horton
Witham Drive
M 120
W
VICINITY MAP
hit
eh
MICHIGAN
all
Ro
ad
Laketon
e
Cemetery enu
Av
ke
La
CITY OF
MUSKEGON
MUSKEGON COUNTY
_
^
Veterans
Memorial Park
Bear Lake
Beach Park M 120
Hard copy is
Bear Lake North Muskegon intended to be
8.5"x11" when
plotted. Scale(s)
Verplanks / indicated and
graphic quality may
Former Cobb not be accurate for
any other size.
plant site M 120
North Verplanks
Muskegon
Waterfront
Sports Park
ive
Dr
an
im
ay
dd
Ru
r kw
201 & 181 Viridian Drive
Pa
es
Jon
J
Marquette Avenue
ses
Muskegon, Michigan
Mo
SITE
Brownfield Plan
Green Acres
ive
US 31 Business Park
Dr
line
Te
r
ore
rac
Sh
1s
eS
tS
PLOT INFO: Z:\2024\240340\CAD\GIS\ProProj\Brownfield Plan.aprx Layout: FIG01_Location Map Date: 6/11/2024 11:32 AM User: ebuyce
tre
tre
et
et
Muskegon M 46
Hartshorn Marina
Division Street
Oakwood
West Southern Avenue
Cemetery
West Laketon Avenue
West Laketon Avenue
East Laketon Avenue
Catholic PROJECT NO.
Central High
240340
LOCATION MAP
School
FIGURE NO.
NORTH FEET
1
Sanford Street
cGraft Park 0 1,000 2,000
Peck Street
DATA SOURCES: ESRI STREET MAP.
©Copyright 2024 All Rights Reserved US 31 Business
Page 342 of 377
LEGEND
Approximate Property Boundary
Hard copy is
Muskegon intended to be
8.5"x11" when
Innovation Hub plotted. Scale(s)
at Grand Valley indicated and
graphic quality may
State not be accurate for
any other size.
University
Vi
rid
i an
r
201 & 181 Viridian Drivei d i a n D
Dr
r
Vi
Muskegon, Michigan
61-24-607-000-0006-00
Brownfield Plan
V ir
i d i a n Dr
61-24-607-000-0007-00
d
lro a
Rai
PLOT INFO: Z:\2024\240340\CAD\GIS\ProProj\Brownfield Plan.aprx Layout: FIG02_Site Map Date: 6/11/2024 11:32 AM User: ebuyce
dO
an
Te rra c e P o i n t R d
31
C
r
in eD
o rel
Sh 31
Dr
i ne
o rel
Sh
31
Te
rra
ce
Pl
az
aC
t
31
PROJECT NO.
240340
SITE MAP 31
FIGURE NO.
2
FEET
NORTH 0 75 150
46
DATA SOURCES: ESRI HYRBID REFERENCE LAYER & MiSAIL IMAGERY.
©Copyright 2024 All Rights Reserved Terrace Plaza
Page 343 of 377
COPYRIGHT 2023-ALL RIGHTS RESERVED. THIS DRAWING REMAINS THE PROPERTY OF HENRICKSON ARCHITECTURE AND PLANNING AND IS FOR USE ONLY AS AUTHORIZED BY HENRICKSON ARCHITECTURE AND PLANNING
OFFICE OFFICE GUEST
LUGGAGE/
I.T. / DATA VESTIBULE
STORAGE
MEETING
ROOM
720 SF.
MECHANICAL
RESTORE
512 sf. CHECK-IN
ADMIN. LOUNGE
COMMON
COMMON
NOMMOC
KING
KING
GNIK
ELECTRICAL
EMR
HARBOR 31 - ELEMENT HOTEL
ONE BEDROOM
ADA LAYOUT
ELEVATOR
LOBBY FIREPLACE RISE DINING
WOMENS MENS
HOUSEKEEPING/
IDF4
LAUNDRY ICE
ELEV A ELEV B
STAIR C
ENO
MOORDEB
HOUSE
SERVICE FOOD PREP
KEEPING
ELEV STORAGE STORAGE
LOBBY
LINEN
STORAGE STAIR B
130sf.
RR JAN.
QUEEN/QUEEN
STUDIO
EMPLOYEE
BREAKROOM ONE
BEDROOM+ +
MOTION
OIDUTS
NEEUQ/NEEUQ
GUEST
LAUNDRY
VESTIBULE CORRIDOR
MUSKEGON, MICHIGAN
STAIR A
KING
COMMON
INDOOR
VIRIDIAN DRIVE
POOL
KING BEDROOM
COMMON ONE
ONE
BEDROOM+
BEDROOM
ONE
ELEMENT by WESTIN
REVIEW 12.11.23
DRAWN BY: DLJ
CHECKED: DSH
SITE PLAN
1" = 20'-0"
PROJECT No. 230402
10/26/2023 11:26 AM
FILE NAME: BP1.DWG
000
Page 344 of 377
Room Type Summary
Standard
Studio King Studio Queen/Queen One Bedroom One Bedroom ADA Common King Conference Suite Total Rooms
King
First Floor 0 0 2 5 1 5 0 13
Second floor 6 1 6 9 1 6 1 30
Third Floor 7 1 6 10 1 6 1 32
Fourth Floor 7 1 6 10 1 6 1 32
PARKING SUMMARY Fifth Floor 4 0 6 4 1 4 0 19
LODGING (1 PER ROOM) 129 SPACES Total 24 3 26 38 5 30 3 126
1ST FLOOR OFFICE/RETAIL (1,176 SF.) (1 PER 500SF.) 3 SPACES
Extended Stay 75 58%
5TH FLOOR OFFICE/RETAIL (6,938 SF.) (1 PER 500SF.) 13 SPACES
146 SPACES Standard 54 42%
OFFICE OFFICE GUEST
LUGGAGE/
I.T. / DATA VESTIBULE
STORAGE
MEETING
ROOM
720 SF.
COPYRIGHT 2023-ALL RIGHTS RESERVED. THIS DRAWING REMAINS THE PROPERTY OF HENRICKSON ARCHITECTURE AND PLANNING AND IS FOR USE ONLY AS AUTHORIZED BY HENRICKSON ARCHITECTURE AND PLANNING
MECHANICAL
RESTORE
512 sf. CHECK-IN
ADMIN. LOUNGE
COMMON
COMMON
NOMMOC
KING
KING
GNIK
ELECTRICAL
EMR
HARBOR 31 - ELEMENT HOTEL
ONE BEDROOM
ADA LAYOUT
ELEVATOR
LOBBY FIREPLACE RISE DINING
WOMENS MENS
HOUSEKEEPING/
IDF4
LAUNDRY ICE
ELEV A ELEV B
STAIR C
ENO
MOORDEB
HOUSE
SERVICE FOOD PREP
KEEPING
ELEV STORAGE STORAGE
LOBBY
LINEN
STORAGE STAIR B
130sf.
RR JAN.
MUSKEGON, MICHIGAN
QUEEN/QUEEN
STUDIO
EMPLOYEE
BREAKROOM
VIRIDIAN DRIVE
ONE
BEDROOM+ +
MOTION
OIDUTS
NEEUQ/NEEUQ
GUEST
LAUNDRY
VESTIBULE CORRIDOR
ELEMENT by WESTIN
STAIR A
KING
COMMON
INDOOR
POOL
REVIEW 12.11.23
KING BEDROOM
COMMON ONE
ONE
BEDROOM+
BEDROOM
ONE
DRAWN BY: DLJ
CHECKED: DSH
FIRST FLOOR
3/32"=1'-0"
PROJECT No. 230402
10/26/2023 11:26 AM
FILE NAME: BP1.DWG
001
Page 345 of 377
BEDROOM
STANDARD
STANDARD
QUEEN/QUEEN
NEEUQ/NEEUQ
ONE
KING
KING
STUDIO
KING
STUDIO
OIDUTS
CONFERENCE
SUITE
COMMON
COMMON
COMMON
NOMMOC
COPYRIGHT 2023-ALL RIGHTS RESERVED. THIS DRAWING REMAINS THE PROPERTY OF HENRICKSON ARCHITECTURE AND PLANNING AND IS FOR USE ONLY AS AUTHORIZED BY HENRICKSON ARCHITECTURE AND PLANNING
KING
KING
KING
GNIK
ONE BEDROOM
ADA LAYOUT
NEEUQ/NEEUQ
QUEEN/QUEEN
OIDUTS
STUDIO
DRADNATS
HARBOR 31 - ELEMENT HOTEL
IDF4
GNIK
KING
STANDARD
ICE
ELEV A ELEV B
STAIR C
ENO
MOORDEB
STORAGE STORAGE
ONE
BEDROOM
HOUSE
KEEPING
ELEC.
ROOM
STAIR B
QUEEN/QUEEN
STUDIO
ONE ENO
BEDROOM MOORDEB
ONE
BEDROOM+ +
MUSKEGON, MICHIGAN
OIDUTS
NEEUQ/NEEUQ
VIRIDIAN DRIVE
STANDARD DRADNATS
KING GNIK
KING STAIR A
COMMON
ELEMENT by WESTIN
KING BEDROOM
COMMON ONE
REVIEW 12.11.23
ONE
BEDROOM+
BEDROOM
ONE
DRAWN BY: DLJ
CHECKED: DSH
SECOND FLOOR
3/32"=1'-0"
PROJECT No. 230402
10/26/2023 11:26 AM
FILE NAME: BP1.DWG
002
Page 346 of 377
BEDROOM
STANDARD
STANDARD
QUEEN/QUEEN
NEEUQ/NEEUQ
ONE
STUDIO
KING
KING
KING
STUDIO
OIDUTS
CONFERENCE
SUITE
COMMON
COMMON
COMMON
NOMMOC
COPYRIGHT 2023-ALL RIGHTS RESERVED. THIS DRAWING REMAINS THE PROPERTY OF HENRICKSON ARCHITECTURE AND PLANNING AND IS FOR USE ONLY AS AUTHORIZED BY HENRICKSON ARCHITECTURE AND PLANNING
KING
KING
KING
GNIK
ONE BEDROOM
ADA LAYOUT
NEEUQ/NEEUQ
QUEEN/QUEEN
OIDUTS
STUDIO
DRADNATS
DRADNATS
HARBOR 31 - ELEMENT HOTEL
MOORDEB
IDF4
GNIK
GNIK
ENO
KING
STANDARD
ICE
ELEV A ELEV B
STAIR C
ENO
MOORDEB
STORAGE STORAGE
ONE
BEDROOM
HOUSE
KEEPING
ELEC.
ROOM
STAIR B
QUEEN/QUEEN
STUDIO
ONE ENO
BEDROOM MOORDEB
ONE
BEDROOM+ +
MUSKEGON, MICHIGAN
OIDUTS
NEEUQ/NEEUQ
VIRIDIAN DRIVE
STANDARD DRADNATS
KING GNIK
STAIR A
KING
COMMON
ELEMENT by WESTIN
KING BEDROOM
COMMON ONE
REVIEW 12.11.23
ONE
BEDROOM+
BEDROOM
ONE
DRAWN BY: DLJ
CHECKED: DSH
THIRD FLOOR
3/32"=1'-0"
PROJECT No. 230402
10/26/2023 11:26 AM
FILE NAME: BP1.DWG
003
Page 347 of 377
BEDROOM
STANDARD
STANDARD
QUEEN/QUEEN
NEEUQ/NEEUQ
ONE
STUDIO
KING
KING
KING
STUDIO
OIDUTS
CONFERENCE
SUITE
COMMON
COMMON
COMMON
NOMMOC
COPYRIGHT 2023-ALL RIGHTS RESERVED. THIS DRAWING REMAINS THE PROPERTY OF HENRICKSON ARCHITECTURE AND PLANNING AND IS FOR USE ONLY AS AUTHORIZED BY HENRICKSON ARCHITECTURE AND PLANNING
KING
KING
KING
GNIK
ONE BEDROOM
ADA LAYOUT
NEEUQ/NEEUQ
QUEEN/QUEEN
OIDUTS
STUDIO
DRADNATS
DRADNATS
HARBOR 31 - ELEMENT HOTEL
MOORDEB
IDF4
GNIK
GNIK
ENO
KING
STANDARD
ICE
ELEV A ELEV B
STAIR C
ENO
MOORDEB
STORAGE STORAGE
ONE
BEDROOM
HOUSE
KEEPING
ELEC.
ROOM
STAIR B
QUEEN/QUEEN
STUDIO
ONE ENO
BEDROOM MOORDEB
ONE
BEDROOM+ +
MUSKEGON, MICHIGAN
OIDUTS
NEEUQ/NEEUQ
VIRIDIAN DRIVE
STANDARD DRADNATS
KING GNIK
STAIR A
KING
COMMON
ELEMENT by WESTIN
KING BEDROOM
COMMON ONE
REVIEW 12.11.23
ONE
BEDROOM+
BEDROOM
ONE
DRAWN BY: DLJ
CHECKED: DSH
FOURTH FLOOR
3/32"=1'-0"
PROJECT No. 230402
10/26/2023 11:26 AM
FILE NAME: BP1.DWG
004
Page 348 of 377
MEETING ROOM
520 SF.
1/15 SF. (PERSONS)
BEDROOM
STANDARD
STANDARD
QUEEN/QUEEN
NEEUQ/NEEUQ
ONE
KING
KING
STUDIO
OIDUTS
COMMON
COMMON
COMMON
NOMMOC
COPYRIGHT 2023-ALL RIGHTS RESERVED. THIS DRAWING REMAINS THE PROPERTY OF HENRICKSON ARCHITECTURE AND PLANNING AND IS FOR USE ONLY AS AUTHORIZED BY HENRICKSON ARCHITECTURE AND PLANNING
KING
KING
KING
GNIK
ONE BEDROOM
ADA LAYOUT
NEEUQ/NEEUQ
QUEEN/QUEEN
OIDUTS
STUDIO
DRADNATS
DRADNATS
HARBOR 31 - ELEMENT HOTEL
MOORDEB
IDF4
GNIK
GNIK
ENO
ICE
CASUAL DINING ELEV A ELEV B
560 SF.
STAIR C
1/15 SF. (PERSONS)
ENO
MOORDEB
STORAGE STORAGE
HOUSE
KEEPING
ELEC.
ROOM
STAIR B
QUEEN/QUEEN
STUDIO
ONE
BEDROOM+ +
MUSKEGON, MICHIGAN
BAR
1,720 SF. KITCHEN
1/15 SF. (PERSONS) BAR 490 SF. OIDUTS
NEEUQ/NEEUQ
VIRIDIAN DRIVE
1/200 SF. (PERSONS)
STAIR A
ELEMENT by WESTIN
STOR.
BAR
REVIEW 12.11.23
OUTDOOR
PATIO & DINING
2,000 SF.
1/15 SF. (PERSONS)
DRAWN BY: DLJ
CHECKED: DSH
FIFTH FLOOR
3/32"=1'-0"
PROJECT No. 230402
10/26/2023 11:26 AM
FILE NAME: BP1.DWG
005
Page 349 of 377
Page 350 of 377
Page 351 of 377
Page 352 of 377
Page 353 of 377
Tables
Page 354 of 377
Table 1 – Summary of Eligible Costs
Act 381 Brownfield Plan
Harbor 31 Hotel
Local Only Eligible Activities Costs and Schedule
Local Only Eligible Activities Cost
Site Assessment and Baseline Environmental Assessment Activities $ 20,000
Phase I ESA, Phase II ESA, BEA, DDCC $ 20,000
Site Demolition Activities $ 10,000
Site Demolition $ 10,000
Due Care Activities $ 370,000
Engineered Barriers $ 160,000
Vapor Intrusion Mitigation System $ 160,000
Contaminated Soil Removal and Disposal $ 50,000
Site Preparation $ 997,000
Clearing and Grubbing $ 5,000
Cut & Fill Operations $ 5,000
Dewatering $ 30,000
Excavation of Unstable Material $ 60,000
Fill $ 71,000
Foundation Work to Address Special Soil Concerns (Helical Piers) $ 620,000
Staking $ 30,000
Temporary Construction Access/Roads $ 6,000
Temporary Erosion Control $ 8,000
Temporary Site Control $ 12,000
Soft Costs (architectural, engineering) $ 150,000
Local Only Eligible Activities Subtotal $ 1,397,000
Contingency (15%) $ 205,050
Interest Expense (5%) $ 770,742
Brownfield Plan/Work Plan Preparation $ 10,000
Brownfield Plan/Work Plan Implementation $ 10,000
Local Only Eligible Activities Total Costs $ 2,392,792
10/31/2024
Page 355 of 377
Table 2 – Total Captured Incremental Taxes Schedule
Act 381 Brownfield Plan
Harbor 31 Hotel
181 201 Viridian Drive
Muskegon, MI
Estimated Taxable Value (TV) Increase Rate: 2% increase per year
Plan Year 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Totals
Calendar Year 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050
*Base Taxable Value $ 200,800 $ 200,800 $ 200,800 $ 200,800 $ 200,800 $ 200,800 $ 200,800 $ 200,800 $ 200,800 $ 200,800 $ 200,800 $ 200,800 $ 200,800 $ 200,800 $ 200,800 $ 200,800 $ 200,800 $ 200,800 $ 200,800 $ 200,800 $ 200,800 $ 200,800 $ 200,800 $ 200,800 $ 200,800 $ -
Future Taxable Value $ 5,000,000 $ 5,100,000 $ 5,202,000 $ 5,306,040 $ 5,412,161 $ 5,520,404 $ 5,630,812 $ 5,743,428 $ 5,858,297 $ 5,975,463 $ 6,094,972 $ 6,216,872 $ 6,341,209 $ 6,468,033 $ 6,597,394 $ 6,729,342 $ 6,863,929 $ 7,001,207 $ 7,141,231 $ 7,284,056 $ 7,429,737 $ 7,578,332 $ 7,729,898 $ 7,884,496 $ 8,042,186 $ -
Incremental Difference (New TV - Base TV) $ 4,799,200 $ 4,899,200 $ 5,001,200 $ 5,105,240 $ 5,211,361 $ 5,319,604 $ 5,430,012 $ 5,542,628 $ 5,657,497 $ 5,774,663 $ 5,894,172 $ 6,016,072 $ 6,140,409 $ 6,267,233 $ 6,396,594 $ 6,528,542 $ 6,663,129 $ 6,800,407 $ 6,940,431 $ 7,083,256 $ 7,228,937 $ 7,377,532 $ 7,529,098 $ 7,683,696 $ 7,841,386 $ -
School Capture Millage Rate
State Education Tax (SET) 18.0000 $ 43,193 $ 44,093 $ 45,011 $ 45,947 $ 46,902 $ 47,876 $ 48,870 $ 49,884 $ 50,917 $ 51,972 $ 53,048 $ 54,145 $ 110,527 $ 112,810 $ 115,139 $ 117,514 $ 119,936 $ 122,407 $ 124,928 $ 127,499 $ 130,121 $ 132,796 $ 135,524 $ 138,307 $ 141,145 $ 2,210,509
School Operating Tax 6.0000 $ 28,795 $ 29,395 $ 30,007 $ 30,631 $ 31,268 $ 31,918 $ 32,580 $ 33,256 $ 33,945 $ 34,648 $ 35,365 $ 36,096 $ 36,842 $ 37,603 $ 38,380 $ 39,171 $ 39,979 $ 40,802 $ 41,643 $ 42,500 $ 43,374 $ 44,265 $ 45,175 $ 46,102 $ 47,048 $ 930,789
School Total 24.0000 $ 71,988 $ 73,488 $ 75,018 $ 76,579 $ 78,170 $ 79,794 $ 81,450 $ 83,139 $ 84,862 $ 86,620 $ 88,413 $ 90,241 $ 147,370 $ 150,414 $ 153,518 $ 156,685 $ 159,915 $ 163,210 $ 166,570 $ 169,998 $ 173,494 $ 177,061 $ 180,698 $ 184,409 $ 188,193 $ 3,141,298
Local Capture Millage Rate
County Operating 5.5637 $ 13,351 $ 13,629 $ 13,913 $ 14,202 $ 14,497 $ 14,798 $ 15,105 $ 15,419 $ 15,738 $ 16,064 $ 16,397 $ 16,736 $ 34,163 $ 34,869 $ 35,589 $ 36,323 $ 37,072 $ 37,835 $ 38,614 $ 39,409 $ 40,220 $ 41,046 $ 41,890 $ 42,750 $ 43,627 $ 683,256
County Museum 0.3169 $ 760 $ 776 $ 792 $ 809 $ 826 $ 843 $ 860 $ 878 $ 896 $ 915 $ 934 $ 953 $ 1,946 $ 1,986 $ 2,027 $ 2,069 $ 2,112 $ 2,155 $ 2,199 $ 2,245 $ 2,291 $ 2,338 $ 2,386 $ 2,435 $ 2,485 $ 38,917
County Veterans 0.0739 $ 177 $ 181 $ 185 $ 189 $ 193 $ 197 $ 201 $ 205 $ 209 $ 213 $ 218 $ 222 $ 454 $ 463 $ 473 $ 482 $ 492 $ 503 $ 513 $ 523 $ 534 $ 545 $ 556 $ 568 $ 579 $ 9,075
Senior Citizen Services 0.4921 $ 1,181 $ 1,205 $ 1,231 $ 1,256 $ 1,282 $ 1,309 $ 1,336 $ 1,364 $ 1,392 $ 1,421 $ 1,450 $ 1,480 $ 3,022 $ 3,084 $ 3,148 $ 3,213 $ 3,279 $ 3,346 $ 3,415 $ 3,486 $ 3,557 $ 3,630 $ 3,705 $ 3,781 $ 3,859 $ 60,433
Central Dispatch 0.2952 $ 708 $ 723 $ 738 $ 754 $ 769 $ 785 $ 801 $ 818 $ 835 $ 852 $ 870 $ 888 $ 1,813 $ 1,850 $ 1,888 $ 1,927 $ 1,967 $ 2,007 $ 2,049 $ 2,091 $ 2,134 $ 2,178 $ 2,223 $ 2,268 $ 2,315 $ 36,252
Community College 2.1693 $ 5,205 $ 5,314 $ 5,425 $ 5,537 $ 5,653 $ 5,770 $ 5,890 $ 6,012 $ 6,136 $ 6,263 $ 6,393 $ 6,525 $ 13,320 $ 13,596 $ 13,876 $ 14,162 $ 14,454 $ 14,752 $ 15,056 $ 15,366 $ 15,682 $ 16,004 $ 16,333 $ 16,668 $ 17,010 $ 266,403
MAISD 4.6773 $ 11,224 $ 11,458 $ 11,696 $ 11,939 $ 12,188 $ 12,441 $ 12,699 $ 12,962 $ 13,231 $ 13,505 $ 13,784 $ 14,069 $ 28,721 $ 29,314 $ 29,919 $ 30,536 $ 31,165 $ 31,808 $ 32,462 $ 33,131 $ 33,812 $ 34,507 $ 35,216 $ 35,939 $ 36,677 $ 574,401
City Operating 9.8554 $ 23,649 $ 24,142 $ 24,644 $ 25,157 $ 25,680 $ 26,213 $ 26,757 $ 27,312 $ 27,878 $ 28,456 $ 29,045 $ 29,645 $ 60,516 $ 61,766 $ 63,041 $ 64,341 $ 65,668 $ 67,021 $ 68,401 $ 69,808 $ 71,244 $ 72,709 $ 74,202 $ 75,726 $ 77,280 $ 1,210,303
City Sanitation 2.9364 $ 7,046 $ 7,193 $ 7,343 $ 7,496 $ 7,651 $ 7,810 $ 7,972 $ 8,138 $ 8,306 $ 8,478 $ 8,654 $ 8,833 $ 18,031 $ 18,403 $ 18,783 $ 19,170 $ 19,566 $ 19,969 $ 20,380 $ 20,799 $ 21,227 $ 21,663 $ 22,108 $ 22,562 $ 23,025 $ 360,608
Hackley Library 2.3516 $ 5,643 $ 5,760 $ 5,880 $ 6,003 $ 6,128 $ 6,255 $ 6,385 $ 6,517 $ 6,652 $ 6,790 $ 6,930 $ 7,074 $ 14,440 $ 14,738 $ 15,042 $ 15,353 $ 15,669 $ 15,992 $ 16,321 $ 16,657 $ 17,000 $ 17,349 $ 17,705 $ 18,069 $ 18,440 $ 288,791
MPS Sinking 0.9712 $ 2,330 $ 2,379 $ 2,429 $ 2,479 $ 2,531 $ 2,583 $ 2,637 $ 2,692 $ 2,747 $ 2,804 $ 2,862 $ 2,921 $ 5,964 $ 6,087 $ 6,212 $ 6,341 $ 6,471 $ 6,605 $ 6,741 $ 6,879 $ 7,021 $ 7,165 $ 7,312 $ 7,462 $ 7,616 $ 119,269
Local Total 29.7030 $ 71,275 $ 72,760 $ 74,275 $ 75,820 $ 77,397 $ 79,004 $ 80,644 $ 82,316 $ 84,022 $ 85,762 $ 87,537 $ 89,348 $ 182,389 $ 186,156 $ 189,998 $ 193,917 $ 197,915 $ 201,992 $ 206,152 $ 210,394 $ 214,721 $ 219,135 $ 223,637 $ 228,229 $ 232,913 $ 3,647,709
Non-Capturable Millages Millage Rate
Community College Debt 0.2700 $ 648 $ 661 $ 675 $ 689 $ 704 $ 718 $ 733 $ 748 $ 764 $ 780 $ 796 $ 812 $ 1,658 $ 1,692 $ 1,727 $ 1,763 $ 1,799 $ 1,836 $ 1,874 $ 1,912 $ 1,952 $ 1,992 $ 2,033 $ 2,075 $ 2,117 $ 33,158
Hackley Debt 0.4999 $ 1,200 $ 1,225 $ 1,250 $ 1,276 $ 1,303 $ 1,330 $ 1,357 $ 1,385 $ 1,414 $ 1,443 $ 1,473 $ 1,504 $ 3,070 $ 3,133 $ 3,198 $ 3,264 $ 3,331 $ 3,400 $ 3,470 $ 3,541 $ 3,614 $ 3,688 $ 3,764 $ 3,841 $ 3,920 $ 61,391
MPS Debt (2020 & 2021) 7.7500 $ 18,597 $ 18,984 $ 19,380 $ 19,783 $ 20,194 $ 20,613 $ 21,041 $ 21,478 $ 21,923 $ 22,377 $ 22,840 $ 23,312 $ 47,588 $ 48,571 $ 49,574 $ 50,596 $ 51,639 $ 52,703 $ 53,788 $ 54,895 $ 56,024 $ 57,176 $ 58,351 $ 59,549 $ 60,771 $ 951,747
Non-Capturable Total 8.5199 $ 20,444 $ 20,870 $ 21,305 $ 21,748 $ 22,200 $ 22,661 $ 23,132 $ 23,611 $ 24,101 $ 24,600 $ 25,109 $ 25,628 $ 52,316 $ 53,396 $ 54,498 $ 55,623 $ 56,769 $ 57,939 $ 59,132 $ 60,349 $ 61,590 $ 62,856 $ 64,147 $ 65,464 $ 66,808 $ 1,046,295
Total Tax Increment Revenue (TIR) Available for Capture $ 143,263 $ 146,248 $ 149,293 $ 152,399 $ 155,567 $ 158,798 $ 162,094 $ 165,456 $ 168,885 $ 172,382 $ 175,950 $ 179,589 $ 329,758 $ 336,569 $ 343,516 $ 350,602 $ 357,830 $ 365,202 $ 372,722 $ 380,392 $ 388,216 $ 396,196 $ 404,335 $ 412,638 $ 421,106 $ 6,789,007
NOTES:
PA 255 Commercial Redevelopment Act Tax Abatement - New Facility is anticipated for 12 years.
10/31/2024
Page 356 of 377
Table 3 – Estimated Reimbursement Schedule
Act 381 Brownfield Plan
Harbor 31 Hotel
181 201 Viridian Drive
Muskegon, MI
Developer
School & Local
Maximum Proportionality Local-Only Taxes Total
Taxes
Reimbursement Estimated Capture
State 0.0% $ - $ - $ - Estimated Total 25 (including 5 years Administrative Fees $ 364,771
Local 100.0% $ - $ 2,392,792 $ 2,392,792 Years of Plan: LBRF Capture) State Brownfield Redevelopment Fund $ -
TOTAL Local Brownfield Revolving Fund $ 890,145
Local-Only 100.0% $ - $ 2,392,792 $ 2,392,792
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 TOTAL
Total Local Incremental Revenue $ 71,275 $ 72,760 $ 74,275 $ 75,820 $ 77,397 $ 79,004 $ 80,644 $ 82,316 $ 84,022 $ 85,762 $ 87,537 $ 89,348 $ 182,389 $ 186,156 $ 189,998 $ 193,917 $ 197,915 $ 201,992 $ 206,152 $ 210,394 $ 214,721 $ 219,135 $ 223,637 $ 228,229 $ 232,913 $ 3,647,709
BRA Administrative Fee (10%) $ 7,128 $ 7,276 $ 7,428 $ 7,582 $ 7,740 $ 7,900 $ 8,064 $ 8,232 $ 8,402 $ 8,576 $ 8,754 $ 8,935 $ 18,239 $ 18,616 $ 19,000 $ 19,392 $ 19,791 $ 20,199 $ 20,615 $ 21,039 $ 21,472 $ 21,913 $ 22,364 $ 22,823 $ 23,291 $ 364,771
Local TIR Available for Reimbursement $ 64,148 $ 65,484 $ 66,848 $ 68,238 $ 69,657 $ 71,104 $ 72,579 $ 74,085 $ 75,620 $ 77,186 $ 78,784 $ 80,413 $ 164,150 $ 167,540 $ 170,998 $ 174,526 $ 178,123 $ 181,793 $ 185,536 $ 189,355 $ 193,249 $ 197,221 $ 201,273 $ 205,406 $ 209,621 $ 3,282,938
Total State & Local TIR Available $ 114,539 $ 116,926 $ 119,360 $ 121,843 $ 124,376 $ 126,960 $ 129,595 $ 132,282 $ 135,024 $ 137,820 $ 140,672 $ 143,582 $ 256,256 $ 261,549 $ 266,947 $ 272,454 $ 278,070 $ 283,799 $ 289,643 $ 295,603 $ 301,683 $ 307,884 $ 314,210 $ 320,661 $ 327,242 $ 5,318,982
Beginning
DEVELOPER Balance
Reimbursement Balance $ 2,392,792 $ 2,328,645 $ 2,263,160 $ 2,196,312 $ 2,128,074 $ 2,058,417 $ 1,987,314 $ 1,914,734 $ 1,840,649 $ 1,765,029 $ 1,687,843 $ 1,609,060 $ 1,528,647 $ 1,364,497 $ 1,196,957 $ 1,025,959 $ 851,433 $ 673,310 $ 491,516 $ 305,980 $ 116,625 $ - $ - $ - $ - $ - $ -
Local-Only Costs $ 1,622,050 $ 1,622,050 $ 1,557,902 $ 1,492,418 $ 1,425,570 $ 1,357,332 $ 1,287,675 $ 1,216,571 $ 1,143,992 $ 1,069,907 $ 994,287 $ 917,101 $ 838,317 $ 757,904 $ 593,754 $ 426,214 $ 255,216 $ 80,691 $ - $ - $ - $ - $ - $ - $ - $ - $ -
Local Tax Reimbursement $ - $ 64,148 $ 65,484 $ 66,848 $ 68,238 $ 69,657 $ 71,104 $ 72,579 $ 74,085 $ 75,620 $ 77,186 $ 78,784 $ 80,413 $ 164,150 $ 167,540 $ 170,998 $ 174,526 $ 80,691 $ - $ - $ - $ - $ - $ - $ - $ - $ 1,622,050
Total Local-Only Reimbursement Balance $ 1,557,902 $ 1,492,418 $ 1,425,570 $ 1,357,332 $ 1,287,675 $ 1,216,571 $ 1,143,992 $ 1,069,907 $ 994,287 $ 917,101 $ 838,317 $ 757,904 $ 593,754 $ 426,214 $ 255,216 $ 80,691 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 1,622,050
Simple Interest Expense (5%) $ 770,742 $ - $ 77,895 $ 152,516 $ 223,795 $ 291,661 $ 356,045 $ 416,873 $ 474,073 $ 527,568 $ 577,283 $ 623,138 $ 665,054 $ 702,949 $ 732,636 $ 753,947 $ 766,708 $ 770,742 $ 673,310 $ 491,516 $ 305,980 $ 116,625 $ - $ - $ - $ -
Annual Interest Incurred $ 77,895 $ 74,621 $ 71,279 $ 67,867 $ 64,384 $ 60,829 $ 57,200 $ 53,495 $ 49,714 $ 45,855 $ 41,916 $ 37,895 $ 29,688 $ 21,311 $ 12,761 $ 4,035 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 770,742
Local Tax Reimbursement $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 97,433 $ 181,793 $ 185,536 $ 189,355 $ 116,625 $ - $ - $ - $ - $ 770,742
Total Interest Reimbursement Balance $ 77,895 $ 152,516 $ 223,795 $ 291,661 $ 356,045 $ 416,873 $ 474,073 $ 527,568 $ 577,283 $ 623,138 $ 665,054 $ 702,949 $ 732,636 $ 753,947 $ 766,708 $ 770,742 $ 673,310 $ 491,516 $ 305,980 $ 116,625 $ - $ - $ - $ - $ - $ -
Total Annual Developer Reimbursement $ 64,148 $ 65,484 $ 66,848 $ 68,238 $ 69,657 $ 71,104 $ 72,579 $ 74,085 $ 75,620 $ 77,186 $ 78,784 $ 80,413 $ 164,150 $ 167,540 $ 170,998 $ 174,526 $ 178,123 $ 181,793 $ 185,536 $ 189,355 $ 116,625 $ - $ - $ - $ - $ 2,392,792
LOCAL BROWNFIELD REVOLVING FUND
LBRF Deposits * $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 890,145
State Tax Capture $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Local Tax Capture $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 76,624 $ 197,221 $ 201,273 $ 205,406 $ 209,621 $ 890,145
Total LBRF Capture $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
* Up to five years of capture for LBRF Deposits after eligible activities are reimbursed. May be taken from state and local TIR.
10/31/2024
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Appendix 1
Page 358 of 377
Page Intentionally Left Blank
Resolutions Pending
Page 359 of 377
Appendix 2
Page 360 of 377
Page Intentionally Left Blank
Development and Reimbursement Agreement Pending
Page 361 of 377
Appendix 3
Page 362 of 377
Page Intentionally Left Blank
Notices Pending
Page 363 of 377
Appendix 4
Page 364 of 377
Page Intentionally Left Blank
Notices Pending
Page 365 of 377
Appendix 5
Page 366 of 377
RYERSON CREEK
MUSKEGON LAKE
SITE
UNIT "N" BOUNDARY
GP-2 UNIT "P"
RWB-2 RWB-4
UNIT "I" GP-3
RWB-3
RWB-1
GP-3 GP-4 GP-1
UNIT "O"
GP-1
GP-2
B-2 B-5
B-3 B-4
B-1
B-6
UNIT "H"
UNIT "A"
Former Continental Motors Site
UNIT "B"
UNIT "K"
B-7
HAB-1 HAB-2 B-8 HAB-3
B-9
B-10
UNIT "J" UNIT "M"
Site Characterization Report
GVSU
SS-1
Muskegon, Michigan
GVSU
TMW-2
GVSU
SS-4
UNIT "D"
UNIT "L"
GVSU
TMW-1
GVSU
SS-2
GVSU
SS-3
UNIT "C" UNIT "E"
SITE
BOUNDARY
Habor 31 Hotel
Property
Boundary
UNIT "F"
UNIT "G"
REVISIONS
USER: RSECORD
TIME: 4:49:04 PM
DATE: 1/11/2021
LEGEND
LAYOUT: FIG09_DIRECT CONTACT -AS
Drawn By
Designer
Reviewer
Manager
Hard copy is intended to be
24"x36" when plotted. Scale(s)
indicated and graphic quality may
not be accurate for any other size.
PLOT INFO: Z:\2001\01060E\CAD\CD\Z01401060E.DWG
PROJECT NO.
01060E
SHEET NO.
ARSENIC
GENERIC RESIDENTIAL
DIRECT CONTACT CRITERION
EXCEEDANCES (mg/kg)
3
9
© C o p y r i g h t 2021
All Rights Reserved
Page 367 of 377
RYERSON CREEK
B-14
MUSKEGON LAKE N 350
EXCAVATION AREAS SITE
C-13
C-15
EF-14.4
UNIT "N"B 62,000
N 4,900 BOUNDARY SB-2
N 400 E 270,000
PH 2,600 ZONE II C-10 Hg 222
N 4,400 N 1,200
T 13,000
PH 2,000 PH 3,000
X 203,000
EF-12.8 46-1 46-5
C-16 124-TMB 430,000
GP-2
B 93 UNIT "P" VC 17 VC 38
B 4.9 C-15 135-TMB 80,000 46-8 46-7 46-2
GP-3 RWB-2 E 160 E-11
GP-1 UNIT "I" B 7.1 RWB-4
N 27,000
780
D-10 VC 23 VC 110 VC 39
2-MN 2,200 X N 6,200
GP-3 PH 6,000 N 2,000
2-MN 13,000
N 1,500 RWB-3 ZONE III 124-TMB 16,000 PH 3,300
PH 13,000 E-10
N 7,000 RWB-1 MW-102RS 135-TMB 5,300
PH 6,400 D-15 N 4,800
B 18 IPB 340 EF-12.5
N 3,900 PH 3,500
N 300 B 140
GP-3 GP-4 GP-1 PH 1,800 E-14D
E-24 B-5 GP-3 GP-4 D-14 E 89
290 N 810 E-15 B 56 E-13
N 27,000 IPB 130 B 450 E X 480 D-08 D-05
E-16 B 2,200 E 15 B 310 UNIT "O" E-07
PH 11,000 2-MN 6,300 E 860 X 1,100 CB 250
B 1.5 E 440 E-14 N 1,100 N 2,400 46-3
N 3,500 X 5,700 GP-1 124-TMB 920 E-16 124-TMB 460 N 2,000
GP-2
890 N X 3,600 B 2,700 VC 95
PH 5,900 124-TMB 1,900 135-TMB 6,900 135-TMB 280
B-2 B-5 3,600 PH 14,000 N 2,600 E 30,000 EF-12
B-3 B-4 135-TMB 1,600 UNIT "H" N IPB 650 470 D-03
B-1
4,700 PH 2,000 X 100,000 B
N
B-6 4,400 PH E-14 350 N 2,300
B-2 GP-1 GSB-9 N 22,000 E FG-6
B-1 B-3 PH 5,000 E 240 B 2.9 B 2,100 1,100 DE-2.5
B 140 EF-14.6 PH 3,800 X B 680 46-4
E 51 920 E 280 E-21 E-21 X 2,300 E 350 124-TMB 440 N 4,100 130
X B 1,000 E 4,100 DE-2.4 VC
X 360 X 1,900 B 6.7 B 47 X 2,400 DE-2.3
IPB UNIT "A"
210 124-TMB 1,100 E 620 MW-102D 135-TMB 160 X 5,310 PH 4,400
124-TMB 190 IPB 320 E 6.6 E 320 780 N 63 F-10 F-07 N 730 PH 1,800
124-TMB 490 E-22 135-TMB X 2,560 B 3.1 MW-102S N 470 124-TMB 13,000
Former Continental Motors Site
2-MN 8,500 135-TMB 180 TCE 200 N 12 X 2,100 N 5,200 B 1,800 E 34 N 810 F-04 PH 5,200 61-1
N 490 124-TMB 900 GSB-8 135-TMB 4,000
PH 13,000 124-TMB 1,200 UNIT "B" E-19 PH 3,400 E 1,300 Hg 150 F-9 N 370 TCE 13
2-MN 3,100 135-TMB 220 B 3.0 F-13 F-12 PH 17,000
PH 4,300 135-TMB 370 HAB-3 N 1,600 E-17 470 X 1,200 B 1,400 Hg 290
E-18 N PH 13 B 32 EF-11
2-MN 7,700 N 670 N 3,600 F-15 F-14 X 3,500
HAB-2 F-22 N 8,900 E 8,400 E 14 N 640
PH 9,600 PH 2,100 E 3.3 EF-13.5
HAB-1 2-MN 3,200 B-8 TCE 2.6 B-7 GP-2 PH 3,400 N 11,000
GSB-8 X 47,000 N 72,000 F-11
Hg 280 N 980 124-TMB 42 B 260 X 310 F-15 UNITN"K" PH 2,000 61-2
B-7 B 290 18,000 Hg 150 B 2.1
N 670 PHHAB-1 2,500 HAB-2 B-8 HAB-3 E 230 124-TMB 280 GSB-1 GSB-2 F-16 B 2,100 PH GSB-10 TCE 30
B-9 E 210 1,800 PH 8,800 F-05 G-03
X 2,500 135-TMB 180 N 340 N 360 E 32 E 2,400 B 730
B-10 X 1,600 F-13 S-02 N 820 N 1,000
B-9 IPB 74 N 120 Hg 350 X 14,000 E 330
B-8 UNIT "J" N 610 B 920 UNIT "M" PH 27,000 PH 31,000
B 73 N 1,300 X 1,400
B 370 E 240
E 110 124-TMB 640 GSB-7 N 1,000
E 350 GSB-3 160 X 210 GH-2.6
X 890 MW-114 E MW-111VS
X 4,100 135-TMB 180 N 310 FG-12.5 PH 1,800
X 400 N 100
Site Characterization Report
N 630 2-MN 110 IPB 130 B 9.2 B 210
13 N 3,100 PH 14 FG-13.5 GH-2.7
APPROXIMATE LIMITS OF 124-TMB 330 PH N 5,600 G-15 124-TMB 410
B 1,000 S-01 PH 8,500
SS-1 H-24 S-06 124-TMB 1,100 N 3,900 135-TMB 110
FREE PHASE LIQUID E 920 Hg 220 GH-2.8
135-TMB 150 B(a)AN 27 Hg 160 135-TMB 300 PH 16,000 E 250 H-06
124-TMB 1,100 610 PH 4,200
EXCAVATION N 630 PH 2-MN 3,700 X 807 N
GVSU 15 135-TMB 470
SS-1 PH 32,000
(DECEMBER 2002) X 1,200
Muskegon, Michigan
MW-113 GVSU Hg 220
IPB 5.4 GSB-6 N 1,000 H-09
TMW-2
GVSU ZONE I I-18
N 370 N 8.8 I-08 I-07
SS-4 SS-4 N 940 H-15 G-12 1.1
H-12 N 560 TCE
N 640 PH 4,000 B 68 B(a)AN 120 G-12
I-26 GH-13.3 Hg 460 PH 1,800
PH 3,600 UNIT "D" E 200 PH 230 N 690
N 5.7 H-14 B 330
UNIT "L" X 1,500 PH 6,700
Hg 8.7 124-TMB 270
GVSU
E 260 GH-12.25
TMW-1
MW-115 GH-13.8 H-14 Hg 150
GVSU N 12 APPROXIMATE LIMITS OF PH 2,800 Hg 310 X 750
SS-2
I-25
EDB 1.5 FREE PHASE LIQUID J-18
I-24
N 1,700 PH 12,700 EXCAVATION N 6,400
I-24 MW-105VS PH 5,500
PY 11,000 (DECEMBER 2002)
PH 4,200 GVSU 2-MN 310
SS-3B(a)AN 2,900
UNIT "E" J-14
UNIT "C" J-20 J-11 ST13 B-4
N 3,700
N 3,300 PH 2,200 Hg 180
PH 15,000
J-22
J-24
J-24
PH 12 PH 15,000 N 410
PH 4,800
SITE
BOUNDARY
K-18
N 1,700
K-24.25 K-21
N 700 PH 4,700
124-TMB 160
Habor 31 Hotel CF 120 PH 14,000
Property PCE 88
Boundary
UNIT "F"
L-24 UNIT "G"
E 14
PH 3,600
SB-1 SB-4
N 490 Hg 140
N 930
PH 13,000
SB-2
MN-16.5 N 350
PH 5,100 PH 4,600
N-23
USER: RSECORD
E 840
PH 4,000
REVISIONS
TIME: 2:18:44 PM
DATE: 3/18/2021
LEGEND
LAYOUT: FIG08_VIAC EXCEEDANCES IN SOIL & GW
Drawn By
Designer
Reviewer
Manager
Hard copy is intended to be
24"x36" when plotted. Scale(s)
indicated and graphic quality may
not be accurate for any other size.
PLOT INFO: Z:\2001\01060E\CAD\CD\Z01401060E.DWG
PROJECT NO.
01060E
SHEET NO.
SOIL (µg/Kg) AND GROUNDWATER (µg/L)
ANALYTICAL RESULTS
48
EXCEEDING SITE-SPECIFIC RESIDENTIAL VIAC © C o p y r i g h t 2021
All Rights Reserved
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March ‘17
City of Muskegon
Brownfield Redevelopment Authority
Application for Inclusion in the Muskegon Brownfield Plan
Introduction
The purpose of the City of Muskegon Brownfield Redevelopment Authority is to provide financial
incentives for economic development projects within the City of Muskegon where environmental
contamination, blight, or functional obsolescence create an impediment to redevelopment of
property. Inclusion of a project in the Muskegon Brownfield Plan can result in certain eligible
activities being financed through tax increment financing. The statutory authorization for
Brownfield Authorities and Brownfield tax increment financing are found in Michigan’s Public Act
381 of 1996, as amended, the Brownfield Redevelopment Financing Act (Act 381).
What are the advantages of being included in the Muskegon Brownfield Plan?
Tax Increment Financing
Inclusion in the Brownfield Plan allows the developer/business the use of tax increment financing
for reimbursement of “eligible activities”. These may include:
1) Environmental Response Activities, including Baseline Environmental Assessments,
Due Care Activities, and other environmental response activities.
2) Demolition
3) Public Infrastructure Improvements
4) Site Preparation
5) Lead and Asbestos Abatement
Do you want to be in the City of Muskegon Brownfield Plan?
First, you need to ask yourself the following questions:
1) Is the property where the project proposed a “facility”? (“Facility” is defined by Part
201 of NREPA as property where the concentration of a hazardous substance in soil
or groundwater exceeds the applicable Michigan Residential Generic Cleanup
Criteria.)
2) Is a building on the property where the project is proposed considered “Blighted”?
Blighted is defined by Act 381, as property that meets any of the following criteria:
a) Has been declared a public nuisance in accordance with a local housing,
building, plumbing, fire, or other related code or ordinance;
b) Is an attractive nuisance to children because of physical condition, use, or
occupancy;
c) Is a fire hazard or is otherwise dangerous to the safety of persons or
property;
d) Has had the utilities, plumbing, heating, or sewerage permanently
disconnected, destroyed, removed, or rendered ineffective so that the
property is unfit for its intended use.
3) Is the property where the project is proposed considered “Functionally Obsolete”?
Functionally Obsolete is defined by Act 381, as “unable to be used to adequately
perform the function for which it was intended due to a substantial loss in value
resulting from factors such as overcapacity, changes in technology, deficiencies or
super adequacies in design, or other similar factors that affect the property itself or
the property’s relationship with other surrounding property.” The City would be
involved in making this determination through a qualified assessor.
1
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March ‘17
If you answer yes to any of the questions above, the following steps should be taken.
1) Contact the City of Muskegon Planning & Economic Development Department to discuss
your project and discuss the project feasibility (appropriate development, proper zoning,
eligible according to the applicable statute, etc).
2) City staff and/or Brownfield Consultant will work with you to discuss project eligibility and to
evaluate the Brownfield incentives as they may apply to the proposed project (does it make
sense for your company to pursue this incentive, or are other avenues more appropriate?)
3) Once the decision is made to proceed to prepare an amendment to the Brownfield Plan, the
applicant then files an application to the City to be included in the Muskegon Brownfield Plan
(see Fees below). The City staff and/or its Brownfield Consultant, and the applicant will
identify the “eligible activities” that may be eligible for reimbursement through tax increment
financing. Review and approval of eligible activities by the Michigan Strategic Fund (MSF)
and/or the Michigan Department of Environmental Quality (MDEQ) will be required if school
operating taxes will be captured for certain eligible activities. The applicant must submit a
proposed amendment to the Muskegon Brownfield Plan. After review and discussion with the
City staff, the proposed amendment to the Brownfield Plan will be presented to the Brownfield
Redevelopment Authority for approval, then to the City Commission for a public hearing.
4) If approved by the Muskegon City Commission, the Brownfield Plan will be amended to
include the project.
5) If eligible activities are identified and approved for reimbursement through tax increment
financing, it will be necessary for the developer/business to pay the initial costs for MDEQ
“eligible activities” and/or MSF eligible activities. Public infrastructure improvements may
have alternative financing mechanisms. Act 381 also authorizes bonding; this is entirely
subject to consideration and approval by the City. The financing and reimbursement of
“eligible activities” through the Brownfield Plan amendment will be addressed in a
Development and Reimbursement Agreement between the City and the Developer/Business.
Fees
There is an administrative fee for inclusion in the City of Muskegon Brownfield Plan. These costs
include staff time to review and evaluate the proposed Plan Amendment and Development and
Reimbursement Agreement, coordination between the developer/business, consultants, and city
preparation of and mailing of notices, etc. The fee for inclusion in the Brownfield Plan is
$5,000
Process for Adoption of Brownfield Plan Amendment
I. Potential Brownfield Plan Amendment Applicant contacts the City of Muskegon
Department of Planning and Economic Development regarding the City’s interest in
helping to facilitate the proposed brownfield redevelopment project. If the project is
located in the City of Muskegon, and is a “facility” (as defined in Part 201 of the
Natural Resources and Environmental Protection Act, Act 451, Public Acts of Michigan,
1994, as amended), or is “functionally obsolete” or “blighted”, as defined by the
Brownfield Redevelopment Financing Act, Act 318 of 1996, as amended, and it appears
that the proposed project is consistent with the City’s Master Land Use plan and any
associated plan, the developer/business will coordinate with planning staff and/or the City
Brownfield Consultant.
2
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March ‘17
II. The applicant works with the City of Muskegon staff/ Brownfield Consultant and evaluates
whether inclusion in the Brownfield Plan is appropriate and beneficial to the proposed
development project. If it is, the applicant prepares and submits a Brownfield Plan
Application, (see Fees above). The Plan Amendment is required to be completed by the
applicant and/or their consultant/attorney.
III. The Applicant works with the City Planning & Economic Development Staff/Brownfield
consultant to refine/ modify the Plan Amendment as necessary
IV. The City schedules a Brownfield Redevelopment Authority (BRA) Meeting. The
Brownfield Redevelopment Authority considers a resolution approving the Brownfield
Plan Amendment and, if approved, recommends approval to the City Commission.
V. The Developer/business prepares and submits a Development and Reimbursement
Agreement to the City. This is reviewed and negotiated. When finalized, it is presented to
the BRA for approval and forwarded to the City Commission for approval.
VI. The City Commission adopts a resolution providing notice to taxing jurisdictions and
applicable State Agencies (MDEA and/or MSF) setting a public hearing (the City
Commission meets on the second and fourth Tuesday of each month, agenda items must
be prepared by the Tuesday prior to City Commission meeting).
VII. The City posts a notice of the public hearing. Not less than 10 days prior to the public
hearing. The City sends notice of the public hearing to the legislative body of each taxing
unit levying taxes subject to capture, as well as the MDEQ for plans including eligible
environmental response activities and to the Michigan Strategic Fund (MSF) for plans
including eligible non-environmental costs, not less than 10 days prior to the public
hearing. The City Commission holds a public hearing on the adoption of the resolution
approving the Brownfield Plan (not less than 10 days after sending notice of the proposed
Brownfield Plan Amendment to the taxing jurisdictions).
VIII. If the City Commission approves the Brownfield Plan Amendment, the
Developer/Business develops an Act 381 work plan for the “eligible activities”. The
Brownfield Authority submits the Act 381 to the appropriate state agency (MDEQ for
eligible environmental response activities, MSF for Demolition, Public Infrastructure
Improvements, Site Preparation, Lead and Asbestos Abatement) for review and approval.
IX. The City of Muskegon will notify the County Assessor of the Plan Amendment.
3
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March ‘17
City of Muskegon
Brownfield Redevelopment Authority
Application for Inclusion in the Muskegon Brownfield Plan
This application requests information that may be utilized to amend the “City of Muskegon
Brownfield Redevelopment Authority Brownfield Plan”, as originally approved by the City
Commission of the City of Muskegon on April 14, 1998. Please complete the information
requested below and return to the Planning Department, City of Muskegon. In order to process
the application, a fee of $5,000 is required.
Applicant Information
Lakeshore Hotel Partners, LLC
Company Name (Developer/Business):
Mike Houseman , Member
Contact Person and Title:
Contact Person Mailing Address: 4045 Barden Drive SE, Grand Rapids, MI 49512
Contact Person’s Phone Number: 616-949-3360 Fax No.
mhouseman@WolvGroup.com
Contact Person’s E-Mail Address:
Project Information
Location of Eligible Property: 181 & 201 Viridian Drive, Muskegon, Michigan 49440
Legal Description/Parcel Number: 61-24-607-000-0007-00 & 61-24-607-000-0006-00
Property Ownership: Muskegon Lakefront, LLC current Owner
Lakeshore Hotel Partners, LLC will be acquiring the property for the redevelopment
Current Use of Property: Vacant
Type of Brownfield Amendment Requesting: (Please check all that apply:)
Tax Increment Financing for Eligible Activities X
__________
Is the proposed site a “facility” (as defined by Part 201)? X (Please provide a copy
of the executive summary of any environmental reports available, such as a Phase I or II
Environmental Site Assessment, or Baseline Environmental Assessment.)
Is the applicant’s property “blighted” (as defined by P.A. 381 of 1996)? (Please
provide supporting information.)
Is the applicant’s property “functionally obsolete” (as defined by P.A. 381 of 1996)?
(Please provide supporting information.)
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RESOLUTION APPROVING THE BROWNFIELD PLAN AMENDMENT
Lakeshore Hotel Partners, LLC, (181 and 201 Viridian Drive)
(Harbor 31 Hotel)
City of Muskegon
County of Muskegon, Michigan
Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of
Muskegon, Michigan (the “City”), held in the City Commission Chambers on the 10th day of
December, 2024 at 5:30 p.m., prevailing Eastern Time.
PRESENT:
ABSENT:
The following preamble and resolution were offered by Commissioner
___________________ and supported by Commissioner __________________.
WHEREAS, in accordance with the provisions of Act 381, Public Acts of Michigan, 1996,
as amended (“Act 381”), the City of Muskegon Brownfield Redevelopment Authority (the
“Authority”) has prepared and approved a Brownfield Plan Amendment to add Lakeshore Hotel
Partners, LLC, 181 and 201 Viridian Drive; and
WHEREAS, the Authority has forwarded the Brownfield Plan Amendment to the City
Commission requesting its approval of the Brownfield Plan Amendment; and
WHEREAS, the City Commission has provided notice and a reasonable opportunity to
the taxing jurisdictions levying taxes subject to capture to express their views and
recommendations regarding the Brownfield Plan Amendment, as required by Act 381; and
WHEREAS, not less than 10 days has passed since the City Commission provided
notice of the proposed Brownfield Plan to the taxing units; and
WHEREAS, the City Commission held a public hearing on the proposed Brownfield Plan
on December 10, 2024.
NOW, THEREFORE, BE IT RESOLVED THAT:
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1. That the Brownfield Plan constitutes a public purpose under Act 381.
2. That the Brownfield Plan meets all the requirements of Section 13(1) of Act 381.
3. That the proposed method of financing the costs of the eligible activities, as identified
in the Brownfield Plan and defined in Act 381, is feasible and the Authority has the
authority to arrange the financing.
4. That the costs of the eligible activities proposed in the Brownfield Plan are
reasonable and necessary to carry out the purposes of Act 381.
5. That the amount of captured taxable value estimated to result from the adoption of
the Brownfield Plan is reasonable.
6. That the Brownfield Plan in the form presented is approved and is effective
immediately.
7. That all resolutions or parts of resolutions in conflict herewith shall be and the same
are hereby rescinded.
Be it Further Resolved that the Mayor and City Clerk are hereby authorized to execute
all documents necessary or appropriate to implement the provisions of the Brownfield Plan.
AYES:
NAYS:
RESOLUTION DECLARED APPROVED.
Ann Marie Meisch, City Clerk
Ken Johnson, Mayor
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I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on December 10, 2024 and that said meeting was conducted and public
notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act,
being Act 267, Public Acts of Michigan, 1976, as amended, and altered under Michigan
Governor’s Executive Order 2020-75 (COVID-19) and that the minutes of said meeting were
kept and will be or have been made available as required by said Act.
Ann Marie Meisch, City Clerk
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