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CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 23, 2019 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
□ INTRODUCTIONS/PRESENTATION:
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Approval of the Fair Housing Agreement in Partnership with Muskegon
Heights and Norton Shores Community & Neighborhood Services
C. Approval of a Neighborhood Enterprise Zone Certificate Planning &
Economic Development
D. Transfer of 235, 239, 240, and 250 Monroe; 395 Houston; 219 and 271
Merrill; and 1261 5th Street be transferred from the City of Muskegon to the
Brownfield Redevelopment Authority Planning & Economic Development
E. Prein & Newhof – SRF & DWRF Engineering Services Agreement
Amendment #1 Department of Public Works
F. Musketawa Trail Connector – Contract Amendment Department of
Public Works
G. Beach Street Department of Public Works
H. Gaming License Request from Women’s Division Chamber of Commerce
City Clerk
Page 1 of 2
□ PUBLIC HEARINGS:
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Sale of the Property at 159 Amity, 158 Allen, 923 Jay, 201 Jay, and 974
Spring Planning & Economic Development
B. Resolution Regarding Charter Amendment Ballot Question Regarding Civil
Service on November 5, 2019 Ballot City Clerk
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Page 2 of 2
Memorandum
To: Mayor and Commissioners
From: Frank Peterson
Re: City Commission Meeting
Date: July 18, 2019
Here is a quick outline of the items on our agenda:
Regular Session:
1. Under the Consent Agenda, we are asking the Commission to consider the following:
a. Approval of meeting minutes from the most-recent City Commission meeting.
b. Approval of the Fair Housing Agreement with Norton Shores and Muskegon
Heights.
c. Approval of an Enterprise Zone Certificate for a new home in Terrace Point
Landing.
d. Authorization to transfer a number of city lots to the Brownfield Redevelopment
Authority in preparation of the commencement of the in-fill housing program.
e. Approval of an amendment to the Drinking Water Revolving Fund agreement with
Prein & Newhof.
f. Approval of a contract amendment to the Musketawa Train Connector project.
We recently received good news that this project is likely to be funded by grants
this year, and we’d like to get the project engineering finalized quickly.
g. Approval of the cost-sharing agreement between the City of Muskegon and
Muskegon County for the Beach Street Project.
2. New Business
a. The sale of a number of City-owned properties to a property developer that is
seeking to collect and combine the properties into a single buildable lot.
b. Resolution authorizing ballot language for a charter amendment regarding the
Civil Service.
Let me know if you have any questions/comments/concerns
Frank
Date: July 17, 2019
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the July 8, 2019
Worksession and July 9, 2019 Regular Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
Monday, July 8, 2019
5:30 p.m.
City Commission Chambers
MINUTES
Present: Commissioners Turnquist, Warren, Hood, Johnson, German, and Rinsema-Sybenga.
Absent: Mayor Gawron.
Presentation on DDA
Dave Alexander gave an overall review of the Downtown Development Authority. He reviewed
the members of the board and their long term strategic plan.
Martha Bottomley, Chair of the DDA Board, addressed the board and explained the
responsibilities and how the board has evolved as well as the fluctuation of the budget.
Suburban Nation Review - Chapter 2
Leighann Mikesell reviewed chapter two of the Suburban Nation book.
Midtown Square 2 Discussion
The City Manager gave an update on the loan from the landbank and how the City is going to
transfer ownership of the property to the Brownfield Authority so the properties could be
mortgaged.
Review of State Emergency Recreation Marihuana Rules
Jeff Lewis, Director of Public Safety, reviewed the State Emergency Recreation Marihuana rules
with City Commissioners.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 9, 2019 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, July 9, 2019, Mayor
Stephen Gawron, opened the meeting with prayer, after which the Commission
and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners
Ken Johnson, Byron Turnquist, Debra Warren, Dan Rinsema-Sybenga, and Willie
German, Jr., City Manager Frank Peterson, City Attorney John Schrier, and City
Clerk Ann Meisch.
2019-54 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the June 25, 2019 Regular
Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
C. Ordinance Authorizing the Issuance of Water Supply System Junior Lien
Revenue Bonds Finance
SUMMARY OF REQUEST: To authorize the issuance of Water Supply System Bonds
in an amount not to exceed $2,000,000. The Bonds are expected to be sold to
the Michigan Finance Authority and payable in 20 annual principal installments
at an interest rate of 2%. Scheduled closing is August 30th.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None, it is in the approved 2019-20 budget.
STAFF RECOMMENDATION: To approve the Ordinance authorizing the
issuance of Water Supply System Revenue Bonds.
Page 1 of 7
D. Ordinance Authorizing the Issuance of Sanitary Sewer Junior Lien Revenue
Bonds Finance
SUMMARY OF REQUEST: To authorize the issuance of Sanitary Sewer System
Bonds in an amount not to exceed $11,500,000. The Bonds are expected to be
sold to the Michigan Finance Authority and payable in 20 annual principal
installments at an interest rate of 2%. Scheduled closing is August 30th.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None, it is in the approved 2019-20 budget.
STAFF RECOMMENDATION: To approve the Ordinance authorizing the
issuance of Sanitary Sewer System Revenue Bonds.
E. 3rd Street Lighting Agreement Department of Public Works
SUMMARY OF REQUEST: Authorize the DPW Director and City Clerk to sign the
Agreement, Authorization, and Resolution to allow the street lighting upgrades
along 3rd Street between Muskegon Avenue and Merrill Avenue.
FINANCIAL IMPACT: $63,446.00
BUDGET ACTION REQUIRED: None, included in project capital budget.
STAFF RECOMMENDATION: Authorize the DPW Director and City Clerk to sign
the required documents.
F. City Hall Fire System Department of Public Works
SUMMARY OF REQUEST: Authorize staff to contract with Midstate Security for
various upgrades to the fire detection system at City Hall in the amount of
$16,123.46.
Four firms were contacted for bids as follows:
Midstate Security $16,123.46
Fire Pros, LLC Declined to bid
Muskegon Fire Equipment Co. Declined to bid
Cofessco No Response
FINANCIAL IMPACT: $16,123.46
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Authorize staff to contract with Midstate Security
for the City Hall fire system upgrades.
G. Engineering Department – Survey Equipment Department of Public
Works
SUMMARY OF REQUEST: Authorize the purchase of new survey equipment from
TopCon Solutions. New equipment includes a robotic total station and
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accessories to replace the current equipment which has been in service since
the early 1990s.
Three bids were solicited for equipment as follows:
GeoShack $24,591.00
TopCon Solutions $24,991.00
Tiger Supplies $26,645.00
Engineering Department is requesting to purchase the equipment from TopCon
Solutions. They are the second low bidder, however their bid proposal is inclusive
of on-site training for staff and the other bids do not include the on-site training.
FINANCIAL IMPACT: $24,991.00
BUDGET ACTION REQUIRED: None, funds included in the 19-20 Engineering
Budget.
STAFF RECOMMENDATION: Authorize the purchase of new survey equipment
from TopCon Solutions.
H. METRO Act Permit – ZAYO Group LLC Department of Public Works
SUMMARY OF REQUEST: Approve the request for a permit from ZAYO Group LLC
to access and use the public right-of-way within the city. The purpose of the
access is to construct a fiber optic network extension that will service certain
properties in the city. The expansion will affect the following city right-of-way
areas.
• Harvey Street from the City/Township Line south towards Mercy Hospital
• Port City Boulevard from Laketon Avenue south to Latimer Drive
• Latimer Drive from Port City Boulevard east to Black Creek Drive
• Black Creek Drive from Latimer Drive south to Sherman Boulevard
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the permit for ZAYO Group LLC
I. Trackless Department of Public Works/Equipment
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase one (1) Used Trackless Municipal Vehicle from Bell Equipment, our
dealer for Trackless Equipment. The cost of this equipment is $67,200.00 coming
from the Equipment Division fund.
FINANCIAL IMPACT: $67,200.00
BUDGET ACTION REQUIRED: None. Amount was adjusted for in the 3rd quarter
Equipment fund re-forecast.
Page 3 of 7
STAFF RECOMMENDATION: Authorize staff to purchase one (1) used Trackless
municipal vehicle from Bell Equipment, our dealer for trackless equipment.
J. City of Muskegon Spring Street Sewer Reroute and Bourdon Street Alley
Sewer Department of Public Works
SUMMARY OF REQUEST: To award the project to Jackson-Merkey Contractors,
Inc. since they were the lowest responsible bidder with a total bid price of
$3,075,529.30 and authorize the clerk to sign the resolutions.
Two bids were received for this project as follows:
Jackson-Merkey Contractors, Inc. $3,075,529.30
Kamminga and Roodvoets, Inc. $3,257,356.45
FINANCIAL IMPACT: $3,075,529.30
BUDGET ACTION REQUIRED: None at this time. The project was budgeted in
the 19-20 budget and estimated costs will be adjusted in a future reforecast to
match the bid prices.
STAFF RECOMMENDATION: Award the contract to Jackson-Merkey
Contractors, Inc. and authorize the clerk to sign the resolutions.
K. 9th Street Area Sanitary Sewer Improvements & Getty Street Forcemain
Replacement Department of Public Works
SUMMARY OF REQUEST: To award the project to Hallack Contracting since they
were the lowest responsible bidder with a total bid price of $1,899,971.50 and
authorize the clerk to sign the resolution.
Three bids were received for this project as follow:
Hallack Contracting, Inc. $1,899,971.50
Jackson-Merkey Contractors $1,931,655.60
Kamminga & Roodvoets $2,478,051.99
FINANCIAL IMPACT: $1,899,971.50
BUDGET ACTION REQUIRED: None at this time. The project was budgeted in
the 19-20 budget and estimated costs will be adjusted in a future reforecast to
match the bid prices.
STAFF RECOMMENDATION: Award the contract to Hallack Contracting, Inc
and authorize the clerk to sign the resolution.
L. Beidler Sanitary Sewer Replacement Department of Public Works
SUMMARY OF REQUEST: To award the project to Kamminga and Roodvoets
since they were the lowest responsible bidder with a total bid price of
$5,465,514.75 and authorize the clerk to sign the resolution.
Page 4 of 7
Two bids were received for this project as follows:
Kamminga & Roedvoots $5,465,514.75
Jackson-Merkey Contractors $5,756,222.45
FINANCIAL IMPACT: $5,465,514.75
BUDGET ACTION REQUIRED: None at this time. The project was budgeted in
the 19-20 budget and estimated costs will be adjusted in a future reforecast to
match the bid prices.
STAFF RECOMMENDATION: Award the contract to Kamminga and
Roodvoets and authorize the clerk to sign the resolution.
M. Westwood Sanitary Sewer Replacement Department of Public Works
SUMMARY OF REQUEST: To award the project to Kaaminga and Roodvoets
since they were the lowest responsible bidder with a total bid price of
$1,245,042.00 and authorize the clerk to sign the resolution.
Three bids were received for this project as follows:
Kamminga & Roedvoots $1,245,042.00
Jackson-Merkey Contractors $1,477,180.50
McCormick Sand, Inc. $1,516,043.00
FINANCIAL IMPACT: $1,245,042.00
BUDGET ACTION REQUIRED: None at this time. The project was budgeted in
the 19-20 budget and estimated costs will be adjusted in a future reforecast to
match the bid prices.
STAFF RECOMMENDATION: Award the contract to Kaaminga and Roodvoets
and authorize the clerk to sign the resolution.
N. Jefferson-Strong Sanitary Sewer Replacement Department of Public
Works
SUMMARY OF REQUEST: To award the project to Jackson-Merkey Contractors
since they were the lowest responsible bidder with a total bid price of
$1,198,471.75 and authorize the clerk to sign the resolution.
Three bids were received for this project as follows:
Jackson-Merkey Contractors $1,198,471.75
Kamminga & Roodvoets $1,323,525.50
McCormick Sand, Inc. $1,556,247.00
FINANCIAL IMPACT: $1,198,471.75
BUDGET ACTION REQUIRED: None at this time. The project was budgeted in
the 19-20 budget and estimated costs will be adjusted in a future reforecast to
Page 5 of 7
match the bid prices.
STAFF RECOMMENDATION: Award the contract to Jackson-Merkey
Contractors and authorize the clerk to sign the resolution.
Motion by Commissioner Johnson, second by Commissioner German, to
approve the consent agenda as presented, except item B.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, Rinsema-Sybenga,
and Turnquist
Nays: None
MOTION PASSES
2019-55 PUBLIC HEARINGS:
B. Kitchen 242 Management Agreement City Clerk
SUMMARY OF REQUEST: Our Kitchen Manager’s contract expired on June 30th
for Kitchen 242. We are requesting to accept a proposal from Renae Hesselink
to continue managing Kitchen 242 through June 30, 2020.
FINANCIAL IMPACT: Not to exceed $20,000 annually.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To accept the proposal from Renae Hesselink for
management of Kitchen 242 through June 30, 2020.
Motion by Commissioner Warren, second by Commissioner Rinsema-Sybenga,
to accept the proposal from Renae Hesselink for management of Kitchen 242
through June 30, 2020.
ROLL VOTE: Ayes: Gawron, Hood, Warren, German, Rinsema-Sybenga,
Turnquist, and Johnson
Nays: None
MOTION PASSES
2019-56 NEW BUSINESS:
A. Consumers Energy – LED Upgrade Phase 3 Department of Public Works
SUMMARY OF REQUEST: Authorize the DPW Director and City Clerk to sign the
Agreement and pay the invoice for the Phase 3 Streetlight LED Conversion
Project with Consumers Energy.
FINANCIAL IMPACT:
BUDGET ACTION REQUIRED:
STAFF RECOMMENDATION: Authorize the DPW Director and City Clerk to sign
the required documents.
Motion by Commissioner Johnson, second by Vice Mayor Hood, to authorize the
Page 6 of 7
DPW Director and City Clerk to sign the required documents.
ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist,
Johnson, and Gawron
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
2019-57 CLOSED SESSION:
Motion by Vice Mayor Hood, second by Commission Rinsema-Sybenga, to go
into closed session for the City Manager’s Evaluation.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson,
Gawron, and Hood
Nays: None
MOTION PASSES
A. City Manager’s Evaluation
Motion by Commissioner Johnson, second by Vice Mayor Hood, to go out of
closed session for the City Manager’s Evaluation.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson,
Gawron, and Hood
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission meeting adjourned at 7:40 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
Page 7 of 7
Commission Meeting Date: July 23, 2019
Date: July 16, 2019
To: Honorable Mayor and City Commission
From: Community and Neighborhood Services Department
RE: Approval of the Fair Housing Agreement in partnership with
Muskegon Heights and Norton Shores
__________________________________________________________________
SUMMARY OF REQUEST: The cities of Muskegon, Muskegon Heights, and
Norton Shores are entering into an agreement with the Fair Housing Center of
West Michigan, to provide fair housing service activities in the County of
Muskegon. This agreement will provide concentrated tests, surveys, education
and support of investigations within each CDBG grantee city for a period of 3
years, beginning July 2019- June 2022, with bi-annual reports.
FINANCIAL IMPACT: Based on population, the City of Muskegon will pay the
annual cost determined in partnership with Muskegon Heights and Norton
Shores.
STAFF RECOMMENDATION: To approve the Agreement and authorize the
Mayor to sign.
FAIR HOUSING SERVICES PROPOSAL 2019-2022
Fair Housing Center of West Michigan
The Fair Housing Center of West Michigan (hereinafter the “FHCWM”), a Michigan non-profit
corporation with its principal offices located at 20 Hall Street SE, Grand Rapids, MI 49507, hereby
proposes to provide fair housing services to the Cities of Muskegon, Muskegon Heights and Norton
Shores (hereinafter the “Cities”).
I. PURPOSE
The purpose of these services is to decrease impediments to housing choice and to promote open,
diverse communities based on the provisions of the federal Fair Housing Act and relevant state and local
fair housing laws.
II. TERM
The FHCWM proposes to provide the services during the three-year period that begins on July 1, 2019
and ends on June 30, 2022, as outlined below.
III. AGREEMENT ACTIVITIES AND DEFINITIONS
A. Education and Outreach. The FHCWM will conduct an ongoing community outreach program
throughout the Cities to educate housing consumers, professionals and the general public
concerning fair housing. The FHCWM will complete a minimum of 15 hours of education and
outreach activities per year throughout the Cities.
i. As part of a comprehensive, regional program, the FHCWM will disseminate fair housing
information to housing consumers and housing/human service agencies in order to educate
about housing rights and to increase awareness and reporting of discriminatory practices.
ii. The FHCWM will also provide fair housing information to sales, rental, and lending
professionals in order to encourage their voluntary compliance with federal, state and local
fair housing laws.
iii. The FHCWM will disseminate materials on a community-wide basis in order to promote
understanding of fair housing and the benefits thereof, and to increase general public
awareness regarding equal access to housing opportunity. Such services will include the
provision of formal fair housing training upon request.
iv. The FHCWM will also provide technical assistance to the staff of the Cities in response to
any and all questions regarding unlawful housing discrimination or fair housing practices.
B. Complaint Investigation.
i. The FHCWM will receive, review, investigate and process all real and potential complaints
of unlawful housing discrimination involving people and/or properties located within the
Cities which the FHCWM may receive from residents of any of the Cities, a person wishing
to reside in any of the Cities, or any other source during the Term defined in this proposal.
ii. The FHCWM may independently initiate and implement systemic investigations, market
reviews, case development, management and conciliation in order to detect and remove
barriers to equal housing opportunity.
iii. In the absence of, or in addition to, an individual complainant, the FHCWM will initiate
enforcement action in those cases where evidence of potential discrimination exists, as
deemed necessary and appropriate at the sole discretion of the FHCWM.
C. Housing Tests. Testing is an investigative tool used to gather evidence. Testing is one way to
determine whether all housing consumers are being afforded the same information, service,
treatment, and access without regard to the characteristics protected by fair housing laws.
Page 1 of 5
FAIR HOUSING SERVICES PROPOSAL 2019-2022
Fair Housing Center of West Michigan
i. The FHCWM will conduct fair housing testing throughout the Term for the purpose of
obtaining credible and objective information about housing practices. This may include
testing in the areas of sales, rental, advertising, insurance, appraisal and/or financing of
housing, as deemed necessary and appropriate at the sole discretion of the FHCWM.
ii. The FHCWM will conduct a minimum of 10 fair housing tests (at least two (2) per City) per
year involving people and/or property within any of the Cities.
iii. The fair housing tests will be based upon bona fide complaints, conducted on a survey basis,
or completed as part of a systemic investigation, with a focus on complaint-based testing.
iv. All housing testing will be conducted by trained testers according to generally-accepted
housing testing methodology.
v. In the absence of, or in addition to, an individual complainant, the FHCWM will initiate
enforcement action in those cases where evidence of potential discrimination exists, as
deemed necessary and appropriate at the sole discretion of the FHCWM.
D. Investigative Focus on Sales and Lending Discrimination. The FHCWM will place an
investigative emphasis on identifying and addressing illegal housing discrimination in housing
sales and lending transactions in the Cities.
i. The FHCWM will build upon the investigations and analysis conducted under previous
contracts between the parties.
ii. The FHCWM’s investigative focus may include, but not be limited to, market research,
review of available data, follow up on previously completed analysis of Home Mortgage
Disclosure Act (HMDA) data, analysis of additional HMDA data, non-testing investigations,
sales testing and lending testing.
iii. All housing testing will be conducted by trained testers according to generally-accepted
housing testing methodology.
iv. The FHCWM will initiate enforcement action in those cases where evidence of potential
discrimination exists, as deemed necessary and appropriate at the sole discretion of the
FHCWM.
IV. REPORTING
The FHCWM will provide each municipality with program performance reports which contain
information regarding the activities carried out and the results of those activities. Reports will be
submitted bi-annually, within 15 days after the conclusion of each six-month reporting period. The
FHCWM will forward the reports to each of the municipalities by January 15, 2020, July 15, 2020,
January 15, 2021, July 15, 2021, January 15, 2022 and July 15, 2022. The complaint and testing
activities will be reported by municipality.
IV. COMPENSATION
For the performance of the activities under this Agreement, the Cities hereby agree to pay the FHCWM
the total amount of $51,000.00 (fifty one thousand dollars) throughout the three year Term of the
contract. The total amounts are subject to change if funding sources substantially diminish from HUD
and/or other funding sources arise to substantially cover the Muskegon County area. However, such
modifications must be proposed at least 30 days prior to their effective date, mutually agreed upon by all
parties, and incorporated into written amendments to this contract. Under no circumstances will
compensation be reduced for work or services provided pursuant to this Contract that have been
performed in a timely and satisfactory manner.
Page 2 of 5
FAIR HOUSING SERVICES PROPOSAL 2019-2022
Fair Housing Center of West Michigan
Agreement Activities Timelines and Costs
Activities Timeframe Amount
A, B, C Year 1: July 1, 2019 – June 30, 2020 $12,000.00
D Year 1: July 1, 2019 – June 30, 2020 $ 5,000.00
A, B, C Year 2: July 1, 2020 – June 30, 2021 $12,000.00
D Year 2: July 1, 2020 – June 30, 2021 $ 5,000.00
A, B, C Year 3: July 1, 2021 – June 30, 2022 $12,000.00
D Year 3: July 1, 2021 – June 30, 2022 $ 5,000.00
TOTAL $51,000.00
The municipalities share of the total is based upon the following agreed upon percentages of the total:
Share of Year 1 Year 2 Year 3
Municipality Percentage
Contract Total Total Total Total
City of Muskegon TBD TBD TBD TBD TBD
City of Muskegon Heights TBD TBD TBD TBD TBD
City of Norton Shores TBD TBD TBD TBD TBD
TOTAL 100% $51,000.00 $17,000.00 $17,000.00 $17,000.00
Page 3 of 5
FAIR HOUSING SERVICES PROPOSAL 2019-2022
Fair Housing Center of West Michigan
The FHCWM will submit invoices to each of the municipalities with each of its six (6) bi-annual reports
reflecting the amount due for services rendered during each six-month reporting period. The schedule of
payments is as follows:
Agreement
Reporting
Municipality Activities Timeframe Amount
Period
Rendered
Due Jan. 15, 2020
City of Muskegon A, B, C and D July 1, 2019 - December 31, 2019 TBD
July 1, 2019 - June 30, 2020
Report 1
TBD
City of Muskegon Heights A, B, C and D July 1, 2019 - December 31, 2019
TBD
City of Norton Shores A, B, C and D July 1, 2019 - December 31, 2019
Year 1
TBD
Due Jul. 15, 2020
City of Muskegon A, B, C and D January 1, 2020 - June 30, 2020
Report 2
TBD
City of Muskegon Heights A, B, C and D January 1, 2020 - June 30, 2020
TBD
City of Norton Shores A, B, C and D January 1, 2020 - June 30, 2020
TBD
Due Jan. 15, 2021
City of Muskegon A, B, C and D July 1, 2020 - December 31, 2020
July 1, 2020 - June 30, 2021
Report 3
TBD
City of Muskegon Heights A, B, C and D July 1, 2020 - December 31, 2020
TBD
City of Norton Shores A, B, C and D July 1, 2020 - December 31, 2020
Year 2
TBD
Due Jul. 15, 2021
City of Muskegon A, B, C and D January 1, 2021 - June 30, 2021
Report 4
TBD
City of Muskegon Heights A, B, C and D January 1, 2021 - June 30, 2021
TBD
City of Norton Shores A, B, C and D January 1, 2021 - June 30, 2021
TBD
Due Jan. 15, 2022
City of Muskegon A, B, C and D July 1, 2021 - December 31, 2021
July 1, 2021 - June 30, 2022
Report 5
TBD
City of Muskegon Heights A, B, C and D July 1, 2021 - December 31, 2021
TBD
City of Norton Shores A, B, C and D July 1, 2021 - December 31, 2021
Year 3
TBD
Due Jul. 15, 2022
City of Muskegon A, B, C and D January 1, 2022 - June 30, 2022
Report 6
TBD
City of Muskegon Heights A, B, C and D January 1, 2022- June 30, 2022
TBD
City of Norton Shores A, B, C and D January 1, 2022 - June 30, 2022
Page 4 of 5
FAIR HOUSING SERVICES PROPOSAL 2019-2022
Fair Housing Center of West Michigan
XII. CERTIFICATION OF AUTHORITY TO SIGN AGREEMENT
The persons signing this Agreement on behalf of the Cities, County and FHCWM hereto certify by said
signatures that they are duly authorized to sign this Agreement.
XIII. APPROVAL AND SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above
written.
CITY OF MUSKEGON
By: Date:
CITY OF MUSKEGON HEIGHTS
By: Date:
CITY OF NORTON SHORES
By: Date:
FAIR HOUSING CENTER OF WEST MICHIGAN
By: Date:
Nancy Haynes, Executive Director
Page 5 of 5
Commission Meeting Date: July 23, 2019
Date: July 18, 2019
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Approval of a Neighborhood Enterprise Zone Certificate
SUMMARY OF REQUEST:
An application for a Neighborhood Enterprise Zone (NEZ) certificate has been received
from John Spruit for the new construction of a home at 301 Terrace Point. The applicant
has met local and state requirements for the issuance of the NEZ certificate.
FINANCIAL IMPACT:
Taxation will be 50% of the State average for the next 12 years.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the NEZ certificate.
COMMITTEE RECOMMENDATION:
None
7/18/2019
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with
the City Clerk by John Spruit to construct a new home at 301 Terrace Point in the Terrace Point
Condominium neighborhood, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a
Neighborhood Enterprise Zone Certificate;
WHEREAS, the local unit of government is allowing the six (6) month grace period after
construction commencement to apply, which is allowed under the law;
WHEREAS, the Neighborhood Enterprise Zone Certificate has been approved for twelve (12)
years;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise
Zone Certificate for the new construction of a home by John Spruit be approved.
Adopted this 23rd day of July, 2019.
Ayes:
Nays:
Absent:
By: __________________________
Stephen J. Gawron, Mayor
Attest: _________________________
Ann Meisch
City Clerk
7/18/19
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on July 23, 2019.
By: ________________________
Ann Meisch
City Clerk
7/18/19
Commission Meeting Date: July 17, 2019
Date: July 18, 2019
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Transfer of 235 Monroe, 239 Monroe, 240 Monroe, 250 Monroe,
395 Houston, 219 Merrill, 271 Merrill, and 1261 5th St. from the
City of Muskegon to the Brownfield Redevelopment Authority.
SUMMARY OF REQUEST:
Staff is requesting that 235 Monroe, 239 Monroe, 240 Monroe, 250 Monroe, 395 Houston,
219 Merrill, 271 Merrill and 1261 5th St. be transferred from the City of Muskegon to the
Brownfield Redevelopment Authority, a Municipal Authority of the City of Muskegon.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the transfer and for the Mayor and Clerk to sign the deed.
COMMITTEE RECOMMENDATION:
None
7/18/2019
City Owned Vacant Lots to Transfer to Brownfield Redevelopment Authority
1116 199 193 189
335
μ
153
FIRST STREET
354
362 1115
1138
269 1121
372
1124
1125
275 1129
1144
382 1148
283
240 Monroe 1133
390 1137 1144
291
MONROE AVENU
TH
299 1147
318
250 Monroe
IR
_
^
D
1141
328 139
236
ST
1163
_
^
1174 240 1157
1152
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1173 250
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_
^
350
254
239
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247
1179
339
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257
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_
^ 1185
11
235 Monroe
345 3
372 349 10 1204
4 9 239 Monroe
FO
5 294
380
UE
1201
8
UR
6 300
1203
1212 204
388 371
EN 375
7
1201
TH
1207
308 289
AV
381 1211
398
ST
320 1211
ON
201
314
387
T
RE
391 1219
1217 1228
209
US
395 291
395 Houston 1225
ET
O 1227 1225
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_
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219
_
^ 219 Merrill
3
FI
ET
1240
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252
E
FT
E
166 1237
U
258
TR
344 1245 1258 1241 1252
EN
H
11
174
V
264
S 1247 1245
ST
358
L
1262
A
268
IL
1264
362 1251
OE
1257 272 259
RE
1253
R
349
ER
1276 186
R 353
1261 5th
1270
ET
N
1261 1257
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M
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^ 1267
271
1259
369
271 Merrill
1271
375
1275
1288
_
^ 204 114
302
1282
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SI
312 1285 1296 1285
391 1302 132
X
318
230 211
TH
401 324 1291
1310 307
236
1297
1303
ST
1316 313 223 1299
407 240 152
317
RE
1309
1320 248 227 1305
321 143
1313
E
QUIT CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a Municipal
Corporation, of 933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS TO: BROWNFIELD REDEVELOPMENT AUTHORITY, a Municipal
Authority, of c/o City of Muskegon, 933 Terrace Street Rm. 202, Muskegon, MI 49440,
the following described premises situated in the City of Muskegon, County of Muskegon, State
of Michigan, to wit:
* See Attached Properties *
for the sum of: No Dollars ($0)
This deed is exempt from real estate transfer tax pursuant to the provisions of MCL.207.505(h)(i)
and MCL.207.526 Sec. 6(h)(i).
Dated this 9th day of June 2019
Signed in the presence of: CITY OF MUSKEGON
______________________________ By_________________________________
Stephen Gawron, Its Mayor
______________________________ and________________________________
Ann Marie Meisch, MMC, Its Clerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this 9th day of June 2019, by
STEPHEN GAWRON and ANN MARIE MEISCH, MMC, the Mayor and Clerk, respectively,
of the CITY OF MUSKEGON, a municipal corporation, on behalf of the City.
____________________________________
PREPARED BY: Hope Mitchell _______________________, Notary Public
City of Muskegon Acting in the County of Muskegon, MI
933 Terrace St Room 202 Muskegon County, MI
Muskegon, MI 49440 My Comm. Expires: ___________________
Telephone: (231) 724-6702
WHEN RECORDED RETURN TO: SEND SUBSEQUENT TAX BILLS TO:
GRANTEE GRANTEE
CITY OF MUSKEGON REVISED PLAT OF 1903 EAST 28 FEET LOT 3 BLOCK 379.
Otherwise known as 235 Monroe Ave. Parcel # 24-205-379-0003-10.
CITY OF MUSKEGON REVISED PLAT OF 1903 BLOCK 379 WEST 38 FEET LOT 3.
Otherwise known as 239 Monroe Ave. Parcel # 24-205-379-0003-00.
CITY OF MUSKEGON REVISED PLAT OF 1903 WEST 1/2 LOT 10 BLOCK 367. Otherwise
known as 240 Monroe Ave. Parcel # 24-205-367-0010-00.
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 9 BLOCK 367. Otherwise known as
250 Monroe Ave. Parcel # 24-205-367-0009-00.
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 4 BLOCK 369. Otherwise known as
395 Houston Ave. Parcel # 24-205-369-0004-00.
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 12 BLOCK 386 EXCEPT THE
SOUTHEASTERLY 45 FEET THEREOF. Otherwise known as 219 Merrill Ave. Parcel # 24-
205-386-0012-00.
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 5 BLOCK 387. Otherwise known as
271 Merrill Ave. Parcel # 24-205-387-0005-00.
CITY OF MUSKEGON REVISED PLAT OF 1903 NORTH 1/4 LOT 11 & NORTH 1/2 OF
NORTH 1/2 LOT 12 BLOCK 377. Otherwise known as 1261 5th St. Parcel # 24-205-377-0011-
00.
AGENDA ITEM NO. __________
CITY COMMISSION MEETING __
TO: Honorable Mayor and City Commission
FROM: Department of Public Works
DATE: July 23rd, 2019
SUBJECT: Prein & Newhof – SRF & DWRF Engineering Services Agreement Amendment #1
SUMMARY OF REQUEST:
Authorize the DPW Director to sign an amendment to the engineering services agreement with Prein &
Newhof. The amendment covers an increase in engineering services primarily related to adding water
main work into several of the State Revolving Fund (SRF) sewer projects.
Costs for this work will be covered under the sale of bonds through the Drinking Water Revolving Fund
and State Revolving Fund program, and included within the principal forgiveness offered by the MDEQ
on these projects.
FINANCIAL IMPACT:
$199,400.00
BUDGET ACTION REQUIRED:
None. This project was included in the 19-20 budget.
STAFF RECOMMENDATION:
Authorize the DPW Director to sign an amendment to the engineering services agreement with Prein &
Newhof.
Project No. 2180552
Professional Services Agreement Amendment
Amendment Number : 1
Project Name: SRF Project Plan Phase 1 Implementation
P&N Representative: Barbara Marczak, P.E.
Client: City of Muskegon
Client Representative: Leo Evans, P.E.
AGREEMENT: The Agreement Amendment modifies the original agreement for professional services dated:
October 23, 2018
Client hereby requests and authorizes a change in services in accordance with the following:
SCOPE OF SERVICES MODIFICATION:
1. Additional work for sanitary sewer in Grand /Division area.
2. Provide design and construction phase services for replacement of watermain on Crowley Street from
Young to Laketon, Beidler and Poliski Streets south of Hackley Avenue, and Westwood Street in
accordance with the City’s Second Call FY 2019 DWRF Project Plan.
3. Provide design and construction phase services for replacement lead water services for all areas above.
4. Design and construction phase services for replacement of all lead water services within the Peck and
Sanford Area Phase 1 project area.
5. Provide design and construction phase services for a new Grinder Pump Station to serve the West
Village shopping mall.
SCHEDULE OF SERVICES MODIFICATION:
No revision in project schedule.
BUDGET MODIFICATION:
Total Increase of $199,400.00 (Increase Design Phase $111,700.00 and Increase Construction Phase $87,700.00)
METHOD OF COMPENSATION:
☐ Lump Sum for Defined Scope of Services
☒ Hourly Billing Rates plus Reimbursable Expenses
☐ Other:
ADDITIONAL PROVISIONS (IF ANY):
None
3355 Evergreen Drive, NE Grand Rapids, MI 49525 t.616-364-8491 f. 616-364-6955 www.preinnewhof.com
Template date: October 28, 2015 Page 1 of 2 S:\2018\2180552 City of Muskegon\AGM\psa amend 2019-06-07.docx
Prepared by: Accepted for:
Prein&Newhof, Inc. City of Muskegon
By: By:
Print Name: Jason Washler, P.E. Print Name:
Title: Vice President Title:
Date: June 10, 2019 Date:
3355 Evergreen Drive, NE Grand Rapids, MI 49525 t.616-364-8491 f. 616-364-6955 www.preinnewhof.com
Template date: October 28, 2015 Page 2 of 2 S:\2018\2180552 City of Muskegon\AGM\psa amend 2019-06-07.docx
May 16, 2019
2180552
Mr. Leo Evans, P.E.
City of Muskegon
Department of Public Works
1350 Keating Avenue
Muskegon, MI 49442
RE: Professional Engineering Fees,
Beidler, Glenside, and Peck & Sanford Phase I Projects
Dear Mr. Evans:
Since our original professional service agreement was signed, the scope of the SRF projects
referenced above has expanded. We will thus be requesting additional professional services fees.
At this time we estimate the following breakdown for engineering:
SRF Design Phase $305,000.00
SRF Construction Phase $337,000.00
Total SRF $642,000.00
DWRF Design Phase $ 80,000.00
DWRF Construction Phase $ 90,000.00
Total DWRF $170,000.00
We will prepare a formal an amendment to our agreement for you approval. If you have any
questions or need additional information in the meantime, please let us know.
Prein&Newhof
Barbara E. Marczak P.E.
BEM/bem
4910 Stariha Drive Muskegon, MI 49441 t. 231-798-0101 f. 231-798-0337 www.preinnewhof.com
s:\2018\2180552 city of muskegon\cor\general\ltr 2019-05-16 evans.docx
AGENDA ITEM NO. __________
CITY COMMISSION MEETING __
TO: Honorable Mayor and City Commission
FROM: Department of Public Works
DATE: July 23rd, 2019
SUBJECT: Musketawa Trail Connector – Contract Amendment
SUMMARY OF REQUEST:
Authorize the DPW Director to sign an amendment to the engineering services agreement with Hubbell,
Roth & Clark, Inc. (HRC) to allow them to complete design engineering services on the project to MDOT
standards in preparation for construction in 2021.
HRC began work on this project in 2015, however work was suspended due to a lack of funding to
complete construction. MDOT has recently provided conditional commitment for $400K to support the
project and MDNR is also anticipated to contribute funding for the project. HRC is the best situated team
to complete the design of the project based on their prior work.
FINANCIAL IMPACT:
$42,360.00
BUDGET ACTION REQUIRED:
None. This project was included in the 19-20 budget. It is expected that the financial impact will be
spread over 19-20 and 20-21 fiscal years.
STAFF RECOMMENDATION:
Authorize the DPW Director to sign an amendment to the engineering services agreement with Hubbell,
Roth & Clark, Inc.
Date: 07/01/2019
Grant Summary
Page: 1 of 2
Grant Type: Transportation Alternatives Program
Grant Number: 2019001
Current Total Grant
Section Applicant Description (rpt) Grant Amount Total Match Amount Grant % Status Year
01 Muskegon Musketawa Trail $400,586.00 $385,000.00 $785,586.00 50.99% Proposed 2021
Connector
Total: $400,586.00 $385,000.00 $785,586.00 50.99%
Section Grant Section Description
01 TAP CONDITONAL COMMITMENT - FY 2021 issued 07.01.19am
The City of Muskegon will construct 0.91 miles of 10 foot wide, HMA non-motorized trail and 450 feet of timber boardwalk across the Little Black
Creek as Phase III of the Musketawa Trail Connector. This phase will serve as the final connection between two regional trails; the Laketon Trail and
the Musketawa Trail.
The trail will begin at the intersection of Keating Avenue and Port City Boulevard. From that point the proposed trail will head south and easterly
following Port City Boulevard, Latimer Drive, and Black Creek Drive terminating near the intersection of Black Creek Drive and Olthoff Drive which
marks the start of the Musketawa Trail. The proposed phase III will serve to provide a dedicated off-street connection between trail systems where
only an on street connector route currently exists. The connection of these two regional trails will provide vastly improved access and complete the
last non-dedicated path link between the city of Muskegon and the city of Grand Rapids.
The total cost of construction $785,586 including $400,586 in federal Transportation Alternative Program funds and $385,000 in local matching funds
from the City of Muskegon and DNR Recreation Trails Program.
Date: 07/01/2019
Grant Summary
Page: 2 of 2
Nonmotorized Funding Condition
This project must be designed and constructed in accordance with the standards in the American Association of State Highway and Transportation Officials
(AASHTO) Guide for the Development of Bicycle Facilities, 2012 edition. The standards for off-road trails include a minimum 10' width with a minimum of 2' clear
zone on each side. The standards for bridges or boardwalks include a minimum 14' width between rub rails. In addition, bridges and boardwalks should meet a
minimum H-10 design load rating. For roadways with no curb and gutter, the standards for on-road paved shoulders include a minimum 4' width facility on each side
of the road. If parking is permitted, the standards for bike lanes include a minimum width of 5'. The project must also be designed and constructed in accordance with
the Michigan Manual on Uniform Traffic Control Devices (MMUTCD).
Funding Condition
Transportation Alternatives Program (TAP) funding is conditional upon the items mentioned in the correspondence from the MDOT Office of Economic Development
conveying the conditional commitment, supporting documentation, as well as fund availability. Federal transportation funding could be subject to congressional
approval of a rescission, reducing or eliminating the remaining unobligated funds. The amount of TAP funding that Congress has authorized for expenditure is
provided on a first come, first served basis to the projects that have completed the steps necessary to request federal fund authorization from the Federal Highway
Administration. These steps typically include submitting completed plans, a cost estimate, specifications, and obtaining all necessary permits, clearances, an executed
agreement, and matching funds.
Quarterly Report Funding Condition
As the grantee responsible for implementing this project, it is your responsibility to show that your project is making adequate progress towards fund obligation in the
approved fiscal year. To show continued progress, you must submit a Quarterly Report in the MDOT Grant System (MGS) on or before the first business day of the
months of January, April, July, and October. Expect cancellation of this CC/Award for failure to submit a Quarterly Report every quarter. Expect cancellation of this
Award/CC for lack of adequate progress every quarter.
Important Note on TAP Funding for Local Agencies
Federal TAP funds shall be applied to the eligible items of the total participating project cost up to the lesser of: (1) the TAP grant amount, or (2) an amount such that
80 - 81.85 percent, the maximum federal participation ratio for such funds, is not exceeded at the time of the award of the construction contract. The balance of the
participating project cost, after deduction of TAP Funds, shall be the responsibility of the grant applicant. All of the non-participating cost shall be the responsibility of
the grant applicant. In addition to the limits mentioned above, TAP funds are capped at the applicable low bid amount and shall not be applied to any extra
construction costs or construction over-runs; these costs shall be the responsibility of the grant applicant.
November 12, 2015
City of Muskegon
Department of Public Works
PRINCIPALS 1850 Keating Street
George E. Hubbell Muskegon, Michigan 49443-0556
Thomas E. Biehl
Walter H. Alix
Peter T. Roth
Keith D. McCormack Attn: Mr. Mohammed Al-Shatel, P.E., Director of Public Works
Nancy M . D . Faught
Daniel W. Mitchell Re: Musketawa-Shoreline Non-Motorized Trail Connector Phase III Design
Jesse B. VanDeCreek
Roland N. Alix
Proposal for Engineering Services
HRC Job No. 20150864
SENIOR ASSOCIATES
Gary J. Tressel Dear Mr. Al-Shatel:
Kenneth A. Melchior
Randal L. Ford
William R. Davis Thank you for requesting an engineering services proposal from Hubbell, Roth &
Dennis J. Benoit Clark, Inc. (HRC) for the above referenced project. We understand that the city is
ready to begin design of the third phase of the trail, which currently ends on Keating at
ASSOCIATES Port City Blvd. The best route for the trail will be reviewed to determine which side of
Jonathan E. Booth
Michael C. MacDonald the street the path should follow along Port City Blvd., Latimer Drive and Black Creek
Marvin A. Olane Road. The crossing of Little Black Creek will be made utilizing either a prefabricated
Robert F. DeFrain single span pedestrian bridge or a pier supported walkway. It appears that it may be
Marshall J. Grazioli possible to use either a shorter bridge or possibly even install only wooden decking if it
Thomas D. LaCross
James F. Burton
can be installed within close proximity to the back of the existing guard rail. The best
Jane M. Graham option will be determined as part of the design. After crossing Little Black Creek the
Donna M. Martin trail will connect at the point where the current Musketawa trail ends. The overall
Charles E. Hart length of proposed trail would be approximately 5,000 feet and is intended to only
cross the street one time at either the intersection of Keating Ave./Port City Blvd. or
HUBBELL, ROTH & CLARK, INC.
Black Creek Road at the existing Musketawa trail.
OFFICE: 801 Broadway NW, Suite 215
Grand Rapids, MI 49504 At the creek crossing, it is likely that wetlands will need to be crossed and thus the
PHONE: 616.454.4286 bridge approaches will likely need to be permitted for this crossing. We also note that
FAX: 616.454.4278
WEBSITE: www.hrc-engr.com there are also several obstacles (light poles, signs, fire hydrants, driveways and large
EMAIL: [email protected] trees) that may require relocation or shifting of the trail path to accommodate. These
trail shifts may require temporary or permanent easements or Right-of-Way
acquisitions.
Accordingly, we propose the following scope of services:
SCOPE OF SERVICES
DESIGN PHASE
1. HRC design staff will perform a reconnaissance survey of the proposed
trail alignment including optional routes as described above plus obtaining
topographic information and elevations in critical areas. It is anticipated
that the extent of potential wetlands can be correlated to the existing
floodplain limits which are fairly well defined in this area. Accordingly, it
is not anticipated that wetland limits will need to be flagged.
Y:\201508\20150864\02_Proposal\Working_Docs\20151112_Musketawa Phase III Prop_With_Sig.docx
Mr. Mohammed Al-Shatel, P.E.
November 12, 2015
HRC Job Number 20150864
Page 2 of 4
2. HRC trail designers will make note of any adjustments that may be required to accommodate the trail,
and investigate the feasibility of installing the trail on wooden decking adjacent to the road
embankment versus a long span precast concrete or steel bridge across Little Black Creek as well as
the tributary storm drain on Latimer Drive. Another option would be to utilize approach decking and
skew the bridge from the roadway so that a shorter bridge span could be utilized. We understand that
the City will be obtaining soil borings or other geotechnical analyses. We anticipate needing at least
two borings in the area of the creek crossing so that the length and sizing of pier supports can be
estimated.
3. It appears that there will be several conflicts between signs, hydrants, light poles and electrical
transformers that will need to be resolved to allow space for the trail or it will need to be shifted on to
existing private property. This will likely require that either a permanent easement or right-of-way
acquisition be obtained. In accordance with the direction given at the pre-proposal meeting, we
understand that we will be responsible for providing a legal description of the proposed easement or
ROW acquisition for the City to use in obtaining the easement. Accordingly, we have included an
estimated amount for each legal description that might be required.
4. HRC will develop the plans, special provisions, walkway details, sign layouts/pavement marking and
bid quantities.
5. HRC will attend a meeting to resolve any issues relative to the MDEQ wetland permit (if requested
by MDEQ) or any other issues. A memo of understanding following the meeting will be provided by
HRC for the benefit of our staff and the City so that any understandings and direction can be clarified.
6. HRC will prepare an MDEQ wetland crossing permit application and assist the City to obtain a
permit from MDEQ for construction of the trail across the wetlands anticipated north and south of the
Little Black Creek crossing.
BIDDING PHASE
7. HRC will provide (by electronic file transmission) the final plans, special provisions and bid
quantities to the City for incorporation into the final bidding documents. It is understood that the City
will provide the front end bidding documents.
8. HRC will field questions from bidders during the bid period (by telephone), review the bids received,
including an interview or phone contact with the low bidder, and provide a letter of recommendation
for award.
CONSTRUCTION PHASE
9. It is understood that HRC will provide an allowance of 80 hours for construction observation
(assumed over 4 weeks) including a preconstruction meeting, initial staking, tracking quantities for
assistance with review of Pay Requests, review of material certifications, resolution of field issues,
etc. as required by the project. If additional time is required, an hourly rate for our observer is
included below. We anticipate that observation will be performed by Michael J. VanderPloeg, P.E.
Mike has experience on several relevant projects as discussed herein.
Y:\201508\20150864\02_Proposal\Working_Docs\20151112_Musketawa Phase III Prop_With_Sig.docx
Mr. Mohammed Al-Shatel, P.E.
November 12, 2015
HRC Job Number 20150864
Page 3 of 4
10. One day of hot mix asphalt (HMA) density/compaction testing to verify the density of the placed
HMA material.
FEE
For Tasks 1-8 (design and bidding) above, we propose a fee of $14,265. Task 9 (Construction) is estimated at
$6,880 and Task 10 (HMA Testing) is $700. These proposed fees can be considered firm for the work described
and will not be exceeded without the prior authorization of the City of Muskegon.
Please note the following regarding our fee and potential other costs.
1. The cost for legal descriptions/drawings as required for easement or ROW acquisitions would be
$300 per parcel. One Description is included in our base fee above. It is assumed that existing parcel
legal descriptions are available upon which we can base a description for the easement or acquisition
as necessary.
2. Additional construction observation hours (if required beyond the 80 hour initial allowance included)
would be $86 per hour. Note that HRC does not charge travel mileage expense.
If the proposed fee and terms are acceptable, we request that you return a signed copy of this letter, which will
serve as our formal authorization to proceed with the work.
DELIVERABLES
1. Permit review sets for the City, MDNR, MDEQ.
2. Two hard copies of Legal Descriptions/Drawings and electronic files for each parcel required.
3. Memo of understanding following meetings.
4. Final bid document sets.
5. Award recommendation letter.
All above documents delivered electronically unless noted otherwise above.
WORK NOT PRESENTLY INCLUDED IN OUR SCOPE
1. Additional meetings beyond those indicated in our proposal.
2. Extensive re-design as a result of review comments or additional field Investigations to resolve issues
raised during the permit reviews.
3. Extensive negotiations and liaison with MDEQ
4. Wetland Delineation (all floodplain areas will be assumed as wetland)
5. Acquiring easements or grading permits. A complete legal description for each easement or ROW
acquisition will be provided for use by the City to negotiate these with the property owner(s).
6. Full-time construction observation. We anticipate that observation would be part time as directed
during the pre-proposal meeting.
PERSONNEL
In order to provide efficient design and construction engineering services, we are proposing that the Design and
Construction Engineering be led by Michael J. VanderPloeg, P.E. Mr. VanderPloeg has worked on several
MDOT roadway design projects including safety paths and utilities and is familiar with the development of
bidding documents and special provisions. He has also been involved with the construction phase of projects by
Y:\201508\20150864\02_Proposal\Working_Docs\20151112_Musketawa Phase III Prop_With_Sig.docx
Mr. Mohammed Al-Shatel, P.E.
November 12, 2015
HRC Job Number 20150864
Page 4 of 4
providing construction observation as well as running progress meetings and processing of construction
documentation including submittal reviews and pay requests. His recent trail experience includes the design of
previously proposed portions of the Musketawa Trail that were not constructed during the several revisions that
HRC was involved in during negotiations with MDOT, MDNR, etc. He also has recent experience on the Cedar
Creek Trail in Cedar Springs, MI.
The project will be managed by Dennis J. Benoit, P.E. Mr. Benoit is familiar with the City of Muskegon having
worked on several projects for the City in recent years including Phase 1 of the Musketawa Trail Connector.
SCHEDULE
We are prepared to start working on this project upon your authorization. We estimate that draft construction
documents can be available within 6 weeks after receipt of your authorization. We assume that permit issues can
be resolved within one month following the design document completion, but this will be dependent upon the
timeliness of MDEQ reviews and any other issues raised. This should allow for bids to be received sometime
during this next winter and should allow for an early Spring 2016 start of construction.
We appreciate this opportunity to be of continued service to the City of Muskegon. Please feel free to call if you
have any questions or would like to discuss any details of this proposal.
Very truly yours,
HUBBELL, ROTH & CLARK, INC.
George E. Hubbell, P.E. Dennis J. Benoit, P.E. Michael J. VanderPloeg, P.E.
President Senior Associate Project Engineer
DJB
dc: HRC; File
PROPOSAL ACCEPTED BY:
TITLE: DATE:
Y:\201508\20150864\02_Proposal\Working_Docs\20151112_Musketawa Phase III Prop_With_Sig.docx
STREET: 801 Broadway NW, Suite 215
Grand Rapids, MI 49504
PHONE: 616-454-4286
WEBSITE: hrcengr.com
July 2, 2019
City of Muskegon
Department of Public Works
1350 Keating Street
Muskegon, Michigan 49442
Attn: Mr. Leo Evans, P.E., Director of Public Works
Re: Musketawa-Shoreline Non-Motorized Trail Connector HRC Job No. 20150864
Phase III Design Proposal for Engineering Services
Dear Mr. Evans:
Thank you for requesting an amendment to the engineering services proposal from Hubbell, Roth & Clark, Inc. (HRC) for the above
referenced project. We understand that the city is ready finalize design of the third phase of the trail, which currently ends on Keating
at Port City Blvd. Based on our conversation, MDOT has request the trail to be moved away from the curb to provide a minimum three-
foot buffer between the back of curb and pathway. There may be location that will require the path to be designed to avoid business
signs, utilities and other items that will be unable to be moved for the project. In addition, a culvert extension will be required as part of
the project.
HRC has previously provided plans for a local letting, however we understand the City has obtained funding requiring the project to be
bid out with MDOT oversight. This will require additional design effort and coordination, including the new NEPA requirements to
complete the Program Application. We understand the project is intended to be bid out in the summer of 2021. Scope items that will be
required to complete the project include the following:
≡ Four (4) project meetings
– Pre-GI meeting
– GI Meeting
– Utility Meeting
– Pre-Final turn in meeting
≡ Additional survey beyond what was completed under the original contract
– Survey was only completed on the south portion for the boardwalk
≡ Redesign of the pathway per MDOT comments and to avoid structures and utilities
≡ Redesign of plans to meet MDOT submittal requirements
≡ Development of special provisions to meet MDOT requirements
≡ Submittal of a SHPO application
≡ Update/Amend the current EGLE Permit
≡ Submittal of the Program Application
– Including NEPA documentation
▪ Assumes no major impacts such as bats, snakes, turtles or other endangered species that requires major
study or mitigation
▪ Assumes 60 hours of effort to obtain all NEPA documentation
≡ Review of the proposal package developed by MDOT
≡ Response to contractor inquiries during MDOT letting
Bloomfield Hills Delhi Township Detroit Howell Jackson Kalamazoo Lansing
555 Hulet Drive 2101 Aurelius Rd. 535 Griswold Street 105 W. Grand River 401 S. Mechanic St. 834 King Highway 215 S. Washington
Bloomfield Hills, MI 48302 Ste. 2A Buhl Building Howell, MI 48843 Suite B Suite 107 SQ
248-454-6300 Holt, MI 48842 Suite 1650 517-552-9199 Jackson, MI 49201 Kalamazoo, MI 49001 Suite D
517-694-7760 Detroit, MI 48226-3698 517-292-1295 269-665-2005 Lansing, MI 48933
517-292-1488
Y:\201508\20150864\02_Proposal\Working_Docs\20190702_Musketawa Phase III Prop.docx
Mr. Leo Evans, PE
July 2, 2019
HRC Job Number 20150864
Page 2 of 2
DELIVERABLES
≡ SHPO Application
≡ Program Application
≡ NEPA Documentation
≡ Pre-GI Plan set for review
– PDF email
– One (1) hard copy of plans, estimate and special provisions
≡ GI Plans to MDOT
≡ Pre-Final turn in for review
– PDF email
– One (1) hard copy of plans, estimate and special provisions
≡ Meetings minutes
WORK NOT PRESENTLY INCLUDED IN OUR SCOPE
≡ Major changes following GI Submittal
≡ Soil Borings
≡ Signalized pedestrian crossings
≡ Roadwork
≡ Meetings above those noted
≡ Construction Engineering Services
At this time, we have excluded effort for ROW grading or acquisition documentation as the impacts are not fully known. Once determined
HRC can provide an amendment to include these services if requested.
Effort for the above noted scope of services is a not to exceed $42,360.
We appreciate this opportunity to be of continued service to the City of Muskegon. Please feel free to contact Jesse Morgan at (616)
430-9708 should you have any questions regarding this proposal.
Very truly yours,
HUBBELL, ROTH & CLARK, INC.
Todd J. Sneathen, P.E. Jesse M. Morgan, P.E.
Vice President Associate
JMM
pc: HRC; File
Accepted By:
Signature: ___________________________
Written Name: _______________________
Title: _______________________________
Dated: ______________________________
Y:\201508\20150864\02_Proposal\Working_Docs\20190702_Musketawa Phase III Prop.docx
Proposed Path (Green)
Muskegon County
Property Viewer Map Parcel 12
Type a Map Title Here
Existing Path (Red)
Parcel 11
Parcel 7
Type a Note for the map print here
Parcel 6
Parcel 10 Parcel 9
Little Black Creek Parcel 8 Parcel 5
(Blue)
Scale: 1 to 9,028
Parcel 3
Notice: Muskegon County and Muskegon
County GIS makes no warranty, expressed or Parcel 4
implied, regarding the accuracy, completeness,
or usefulness of the information presented.
Muskegon County assumes no responsibility for
Parcel 2
errors that arise from the use of this information.
Proposed
Boardwalk (Purple)
Parcel 1
Map by Muskegon County GIS
141 E. Apple Ave, Muskegon, MI 49445
P: 231-724-4458 F: 231-724-1129
www.muskegoncountygis.org
Printed from the Muskegon County
GIS Property Viewer
Map Printed 8/24/2018
Existing Path (Red)
AGENDA ITEM NO. __________
CITY COMMISSION MEETING __
TO: Honorable Mayor and City Commission
FROM: Department of Public Works
DATE: July 23rd, 2019
SUBJECT: Beach Street
SUMMARY OF REQUEST:
Authorize the Mayor and Clerk to sign the Cost Sharing Agreement with Muskegon County for the water
main and road reconstruction project on Beach Street.
Authorize the DPW Director to sign the Professional Services Agreement with Johnson and Anderson for
the Engineering work on the Beach Street Project.
FINANCIAL IMPACT:
$800,000.00 ($685,000.00 Construction + $115,000.00 Engineering)
Split approximately 50/50 between the Major Street and Water Funds.
BUDGET ACTION REQUIRED:
None. This project was included in the 19-20 budget. The dollar amounts will be adjusted in a future
reforecast to reflect the construct cost estimates.
STAFF RECOMMENDATION:
Authorize the Mayor and Clerk to sign the cost sharing agreement with Muskegon County and authorize
the DPW Director to sign the Professional Services Agreement with Johnson and Anderson.
COST SHARING AGREEMENT
THIS COST SHARING AGREEMENT (“Agreement”) is made and entered into as of July
, 2019, among the COUNTY OF MUSKEGON by and through its Board of Public
Works, 990 Terrace St., Muskegon, MI (“County”), and the CITY OF MUSKEGON, 933 Terrace
St., Muskegon, MI (“City”) in order to confirm certain rights and obligations relating to the
development and utilization of a 30-inch water line.
DEFINITIONS:
As used in this Agreement, certain terms have the following definitions:
A. City of Muskegon (or City): means the duly adopted municipal entity known as the
City of Muskegon.
B. County of Muskegon (or County): means the County of Muskegon by and through
its Board of Public Works.
C. City of Muskegon Filtration Plant: means the filtration plant located at 1900 Beach
Street, Muskegon, Michigan.
D. Beach Street right-of-way: means right-of-way commonly known as Beach Street
located in the City of Muskegon running northerly from the water filtration plant to
the boundary of the City of Muskegon at the edge of the Channel.
E. Channel: means the channel between Muskegon Lake and Lake Michigan.
F. Project: means the engineering and installation of a 30-inch water main from the
City of Muskegon Filtration Plant north to the Channel.
G. Water Supply Agreement: means the Agreement for Municipal Water Supply dated
October 1, 2012, as amended in the First Amendment to Agreement for Municipal
Water Supply dated October 23, 2018, which may be further amended from time to
time by the parties to that Agreement.
RECITALS:
This Agreement is based upon the following facts and circumstances:
A. The County wishes to install and operate a 30-inch water main from the City of
Muskegon Filtration Plant within the Beach Street right-of-way.
B. The City wishes to utilize the 30-inch water main after installation.
C. The County agrees to pay certain costs related to the Project and the City agrees to
pay certain costs of road removal and reconstruction related to the Project.
D. The City of Muskegon wishes to permit the installation and construction of the
Project within the Beach Street right-of-way.
NOW, THEREFORE, in consideration of the warrants, representations, covenants and
agreements set forth herein, and for other good and valuable consideration, and receipt and
sufficiency of which are hereby acknowledged, the County and the City agree as follows:
1.0 COMMITMENTS BY THE COUNTY.
1.1 The County or its designees will perform and install the Project.
1.2 The County will install, own, operate and maintain the 30-inch line.
1.3 The County will permit the City of Muskegon and its customers to use the 30-inch
water line so long as the use does not interfere with the City’s obligation to provide the amounts
of water required under the Water Supply Agreement.
1.4 The County agrees that all water customers within the corporate limits of the City
located north of the Channel will be customers of the County.
1.5 The County will pay for the Project, including installation of the 30-inch main,
except as provided in Sections 2.3 and 2.4, below.
2.0 COMMITMENTS BY THE CITY.
2.1 The City shall permit the Project to occur within the Beach Street right-of-way.
2.2 The City understands that it may use and connect to the 30-inch water line south of
the Channel so long as the use does not interfere with the City’s obligation to provide the amounts
of water required under the Water Supply Agreement.
2.3 The City agrees to pay all connection costs and other costs, including but not limited
to installation, operation, maintenance, and replacement costs, associated with any connection to
the 30-inch water line for a City water customer located south of the Channel.
2.4 The City agrees to pay to the County the actual costs of engineering and
construction related to the removal and reconstruction of that portion of Beach Street affected by
the Project, with the exception of a 15-foot width above the 30-inch main which costs shall be paid
by the County.
2.5 The City agrees that all water customers within the corporate limits of the City
located north of the Channel will be customers of the County.
2.6 The City agrees to placement of a master meter south of the Channel and grants the
County permission to install the meter.
3.0 REPRESENTATIONS AND WARRANTIES OF THE COUNTY AND CITY.
The County and City represent and warrant as follows:
3.1 Organization and Powers. The County and City are public bodies corporate duly
organized, validly existing and in good standing under the laws of the State of Michigan. The
County and City have all requisite corporate power and authority to enter into this Agreement and
to carry out and perform all of its covenants and agreements contained herein.
3.2 Authorization. The execution, delivery and performance of this Agreement by the
County and City has been duly authorized by all necessary action, pursuant to resolution passed
by the County Board of Commissioners and City Commission.
3.3 No Conflict. The execution, delivery and performance by the County or City of this
Agreement and consummation of the transactions contemplated hereby do not and will not: (i)
violate any provisions of law applicable to it or its ordinances, or any order, judgment or decree of
any court or other agency of government binding on it; or (ii) conflict with, result in a breach of
or constitute (with due notice or lapse of time or both) a default under any of its contractual
obligations. In addition, nothing in this Agreement is intended to supersede the Water Supply
Agreement.
3.4 Governmental Consents. The execution, delivery and performance by the County
and City of this Agreement and consummation of the transactions contemplated hereby may
require any registration with, consent or approval of or notice to, or other action to, with or by,
federal, state or other governmental authority, judicial or regulatory body.
3.5 Binding Obligation. This Agreement, when executed and delivered by the parties,
will be a legally valid and binding obligation of the County and City, enforceable against it in
accordance with its terms, except as such enforceability may be limited by applicable bankruptcy,
insolvency, reorganization, moratorium or similar laws affecting creditors' rights generally and by
general principles of equity.
4.0 GENERAL
4.1 Governing Law. This Agreement shall be interpreted and construed in accordance
with Michigan law, and shall be subject to enforcement only in Michigan courts.
4.2 Survival of Representations, Warranties, Covenants and Agreements. The
representations, warranties, covenants and agreements of the County and City contained in this
Agreement shall survive the Closing without limitation as to time.
4.3 Notices. Any and all notices and other communications required or permitted to be
given hereunder shall be in writing, addressed to the parties at the addresses specified below or
such other addresses as either party may direct by notice given in accordance with this section, and
shall be delivered in one of the following manners: (i) by personal delivery, in which case notice
shall be deemed to have been duly given when delivered; (ii) by certified mail, return receipt
requested, with postage prepaid, in which case notice shall be deemed to have been duly given on
the date indicated on the return receipt; (iii) by reputable delivery service (including by way of
example and not limitation, Federal Express, UPS and DHL) which makes a record of the date and
time of delivery, in which case notice shall be deemed to have been duly given on the date indicated
on the delivery service's record of delivery; or by email, with receipt of the communication being
acknowledged by the recipient.
If to the County: County of Muskegon
Administration, 4th Floor
990 Terrace St.
Muskegon, Michigan 49442
Attention: Mark Eisenbarth
If to the City: City of Muskegon
933 Terrace Street
Muskegon, Michigan 49440
Attention: Frank Peterson, City Manager
With a Copy To: Parmenter Law
City of Muskegon Corporate Counsel
601 Terrace Street
Muskegon, Michigan 49440
Attention: John C. Schrier
4.4 Amendment. No amendment or modification to or of this Agreement shall be
binding upon any party hereto until such amendment or modification is reduced to writing and
executed by all parties hereto.
4.5 Entire Agreement. This Agreement, including the agreements and documents
referenced herein, contains all agreements between the parties regarding the Project. There are no
other representations, warranties, promises, agreements or understandings, oral, written or implied,
among the parties regarding the Project.
4.6 Severability. If any clause, provision or section of this Agreement shall be ruled
invalid or unenforceable by any court of competent jurisdiction, the invalidity or unenforceability
of such clause, provision or section shall not affect the validity of any of the remaining clauses,
provisions or sections of this Agreement.
4.7 Execution in Counterparts. This Agreement may be executed in counterparts, each
of which shall be an original and all of which shall constitute the same instrument. An executed
copy of this Agreement may be delivered by either party by electronic transmission and such
execution and delivery shall be considered valid, binding and effective for all purposes.
4.8 Captions. The captions and headings in this Agreement are for convenience only
and in no way limit, define or describe the scope or intent of any provision of this Agreement.
4.9 Further Assurances. The parties agree to execute such further agreements or
instruments as may be reasonably necessary to implement the terms of this Agreement, so long as
such agreements or instruments do not amend or modify the terms of this Agreement or either
party's obligations hereunder. The parties further covenant to work in good faith to implement the
terms of this Agreement, to permit the development of the Project in accordance with the terms
hereof, and to meet as and when reasonably required in order to address issues of concern to either
party in connection with the development of the Project and the matters contemplated under this
Agreement.
4.10 Drafting and Construction. Both parties to this Agreement have participated fully
and equally in the negotiation and preparation hereof. Therefore, this Agreement shall not be more
strictly construed or any ambiguities within this Agreement resolved against either party hereto.
4.11 Limitation of Rights to Parties. Nothing in this Agreement, whether expressed or
implied, is intended to confer any rights or remedies under or by reason of this Agreement on any
persons other than the parties to it and their respective successors, legal representatives and
assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability
of any third persons to any party to this Agreement, nor shall any provision give any third persons
any rights of subrogation or action over or against any party to this Agreement.
4.12 Force Majeure. If either party shall be delayed or hindered in or prevented from the
performance of any act required of it hereunder by reason of flood, hurricane, cyclone, tornado,
earthquake or other similar catastrophe, or acts of God, the public enemy, the government or fires,
epidemics, quarantine restrictions, strikes, lock-outs, labor trouble, inability to procure materials,
failure of power, restrictive governmental laws or regulations (provided in the case of the County
and City, limited to those of other governmental entities), riots, insurrection, war, acts or
negligence of the other party of their agents or other reason of like nature not the fault of the party
delayed, then the performance of such act shall be excused for the period of the delay and the
period of the performance of any such act shall be extended for a period equivalent to the period
of such delay.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed
and effective as of the date first above written.
The remainder of this page is left intentionally blank.
MUSKEGON COUNTY
BOARD OF PUBLIC WORKS
Dated: , 2019 By:
Gary Foster, its Chair
Dated: , 2019 By:
Nancy Waters, Muskegon County Clerk
STATE OF MICHIGAN )
)SS
COUNTY OF MUSKEGON )
The foregoing signatories, and
are known to me, respectively, as the Muskegon County Board of Commissioners Chair and
Clerk of the County of Muskegon, and they acknowledged the foregoing instrument on behalf of
the County this day of , 2019.
Notary Public
Muskegon County, Michigan
My Commission Expires:
CITY OF MUSKEGON
Dated: , 2019 By:
Stephen Gawron, its Mayor
Dated: , 2019 By:
Ann Marie Meisch, its Clerk
STATE OF MICHIGAN )
)SS
COUNTY OF MUSKEGON )
The foregoing signatories, and
are known to me, respectively, as the Mayor and Clerk of the City of Muskegon, and they
acknowledged the foregoing instrument on behalf of the County this day of
, 2019.
Notary Public
Muskegon County, Michigan
My Commission Expires:
June 24, 2019
Mr. Leo Evans, P.E., Director of Public Works
City of Muskegon
1350 Keating Avenue
Muskegon, MI 49442
RE: City of Muskegon Professional Engineering Services for Beach Street Roadway & Watermain
Improvements
Dear Mr. Evans:
Johnson & Anderson, a DLZ Company (DLZ-J&A), is pleased to submit this proposal for professional engineering
services to the City of Muskegon in relation to proposed roadway and watermain improvements on Beach
Street. This project is being initiated as part of the Muskegon County Channel Crossing project that is currently
under design and planning by Muskegon County. That project consists of approximately 3,600 lineal feet of
roadway and water main to provide a redundant feed to the North Side System. Discussions between
representatives of Muskegon County and City of Muskegon have determined that it is mutually beneficial to
collaborate on the water and roadway improvements of Beach Street.
Please find attached “Matters of Understanding”, which describe matters of fact and assumptions that were
made in conjunction with the development of the Scope of Services. Based on the Scope of Services for each
facet of the work, we have prepared a not to exceed cost for Design and Construction Engineering of Beach
Street beyond the scope of the Channel Crossing project. The proposed fee for Design Engineering Services is
$50,300.00 and Construction Engineering Services is $64,700.00. Invoices shall be rendered monthly based on
the actual hours expended times the rate shown on the Rate Schedule for the classification/name of the
individual working on the project.
As of March 1, 2019, Johnson & Anderson, Inc. (J&A) has merged with DLZ, which is one of the top consulting
firms in the architectural, engineering, and surveying industry. The firm was ranked by Engineering News
Record as Midwest Design Firm of the Year in 2016 and currently ranked as one of the Top 150 in the U.S.
and the 8th largest in the Midwestern United States. We are very excited for this opportunity to provide our
clients with additional resources and capabilities to better serve their needs.
We sincerely appreciate the opportunity to serve the City. Please feel free to contact me or Randy Parrett if
you have any questions on this proposal or any aspect of the project.
Respectfully submitted,
Johnson & Anderson, a DLZ Michigan Company
Terry Biederman, P.E.
Vice President- DLZ Michigan
950 W. Norton Avenue, Ste. 207, Muskegon, MI 49441 OFFICE 231.780.3100 ONLINE WWW.DLZ.COM
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TABLE OF CONTENTS
Section 1 – Roadway
o Matters of Understanding
o Scope of Services
Design Engineering
Construction Engineering
Section 2 – Watermain
o Matters of Understanding
o Scope of Services
Design Engineering
Construction Engineering
Section 3 – Summary of Fees
o Roadway
o Watermain
EXHIBIT A – GENERAL PROVISIONS
EXHIBIT B – RATE SCHEDULE
950 W. Norton Avenue, Ste. 207, Muskegon, MI 49441 OFFICE 231.780.3100 ONLINE WWW.DLZ.COM
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MATTERS OF UNDERSTANDING - ROADWAY
The scope of services related to this project on Beach Street were developed based on a number of
assumptions that resulted from communication with representatives of Muskegon County, the City of
Muskegon, and the plans for the future roundabout. Muskegon County is proposing to install a water main in
the Beach street right-of-way as part of a project to provide a looped system to the “North Side System”.
Based on discussions between both of the major parties, Muskegon County and the City of Muskegon, it
appears that there is a mutual interest partnering on the road restoration portion of the project. This
partnership could replace the whole width of Beach Street rather than only the portions disturbed during the
water main project.
The following assumptions were made by Johnson & Anderson, Inc. a DLZ Company (DLZ-J&A) as part of this
proposal:
1. The roadway will be reconstructed with a cross-section that includes 4” of HMA on top of 8” of
aggregate base on the existing sand subgrade. An underdetermined portion of the roadway (to be
negotiated at a later date between the City and the County) will be constructed as part of the water
main channel crossing project and will be paid for with County funds. The remaining portion of the
roadway will be constructed with City funds. The total length of the project is approximately half a
mile.
2. The southern end of the roadway reconstruction project begins where the proposed future
roundabout construction is anticipated to end, approximately 125’ south the Wilcox Avenue
intersection. See Figure 1.
Figure 1: Estimated Point of Beginning
950 W. Norton Avenue, Ste. 207, Muskegon, MI 49441 OFFICE 231.780.3100 ONLINE WWW.DLZ.COM
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Beach Street Reconstruction
City of Muskegon
3. The project will include complete reconstruction of the intersections at both ends of the oval. The
intersection at the southern end of the oval will include all pavement that was not recently
rehabilitated and is currently in poor condition. The intersection at the northern end of the oval
includes all of the pavement from the point of road separation perpendicular to the centerline and
includes the shoulder of each roadway. See Figure 2.
Figure 2: Estimated Point of End
4. The project involves keeping the existing parking layout adjacent to each side of the road but
reducing the total width of pavement by narrowing the driving lanes from 13’ wide to 11’ wide
adjacent to the oval. The proposed parallel parking lanes on each side of the road will be 8’ wide. The
roadway south of the oval will maintain the same cross section as existing.
5. The existing angled parking and parking travel lane south of the oval will not be redesigned nor
reconstructed as part of this project.
6. The existing pedestrian crossings at Ohio Avenue and Indiana Avenue will remain with upgrades
planned to increase pedestrian awareness and make the crossings compliant with current ADA
standards. Additional pedestrian crossings are proposed at Woodlawn Court and the south end of
the oval.
7. The project will be constructed concurrently with the County watermain project. Construction is
anticipated in the Fall of 2019 and in the Spring of 2020. Between construction periods, access for
local vehicular traffic will be kept open.
950 W. Norton Avenue, Ste. 207, Muskegon, MI 49441 OFFICE 231.780.3100 ONLINE WWW.DLZ.COM
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SCOPE OF SERVICES – ROAD DESIGN
DESIGN ENGINEERING
To complete the Beach Street roadway reconstruction project in conjunction with the proposed Muskegon
County Channel Crossing watermain installation, services provided by Johnson & Anderson, Inc. (DLZ-J&A) will
include design engineering performed to industry standards. The following scope of services is anticipated:
1. Staff from Johnson & Anderson, Inc. (DLZ-J&A) will attend a kick-off meeting with representatives of
the City of Muskegon, Muskegon County and other relevant stakeholders. A detailed review of the
scope of services, schedule, and project constraints will be completed.
2. DLZ-J&A will gather available information regarding the project including public utility information,
local standards, and available historical documentation that may be available. Our field staff will
perform a full topographic survey of the project corridor from right-of-way to right-of-way, as well as
25 feet down each side street including locating visible utilities. Additionally, we propose to utilize
information from the Geotechnical Investigation that is being obtained for the Channel Crossing to
evaluate existing conditions and assist with pavement recommendations.
3. DLZ-J&A will develop conceptual layout (base plans) and participate in a review meeting with City of
Muskegon staff and representatives of Muskegon County to discuss possible utility conflicts, mitigation
of construction options, and layout constraints.
4. DLZ-J&A will facilitate utility coordination involving affected utilities such as water, sewer, electricity,
natural gas, etc. with City staff to expedite any necessary utility relocations and develop alternatives
that may lessen impact to utilities.
5. DLZ-J&A will prepare preliminary plans for the combined watermain installation and complete road
reconstruction. Road reconstruction will be based on “Complete Streets" design concepts to reduce
impact to and increase safety for pedestrian traffic. Current AASHTO design standards, MDOT 3R/4R
Guidelines, ADA standards, City of Muskegon standards, and historical information such as right-of-
way and property information will be used for the basis of road design. Preliminary design of the
roadway reconstruction along with an identification of potential project impacts such as easements,
rights-of-way issues, utility conflicts, traffic impacts, and environmental issues will be prepared.
6. DLZ-J&A will coordinate with appropriate governmental agencies and obtain necessary permits to
complete the project.
7. DLZ-J&A will examine the need for any potential temporary or permanent grading easements. At this
time, none are anticipated.
950 W. Norton Avenue, Ste. 207, Muskegon, MI 49441 OFFICE 231.780.3100 ONLINE WWW.DLZ.COM
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Beach Street Reconstruction
City of Muskegon
8. The intent of the road design will be to utilize MDOT standard pay items and technical specifications
for Divisions 2-9 of the 2012 MDOT Standard Specifications for Construction. For modifications to
standard pay items, or unique pay items, DLZ-J&A will prepare technical specifications (Unique Special
Provisions) and incorporate City specific Special Provisions and details for the project.
9. DLZ-J&A will prepare an engineer’s opinion of probable cost for the project utilizing Michigan Engineers
Resource Library (MERL).
10. DLZ-J&A staff will perform a Quality Assurance/Quality Control review of the plans, prior to each
transmission to the City.
11. DLZ-J&A will submit preliminary plans, along with any unique Special Provisions as well as a preliminary
opinion of probable cost of the City portion of the project, to the City and facilitate and attend a plan
review meeting with the City, County, utilities, and other stakeholders.
12. DLZ-J&A will incorporate comments from the City’s plan review into the plans and specifications and
submit a Final Plan Package to the County for bid letting as well as aid the City and County in answering
any questions that arise during bidding.
CONSTRUCTION ENGINEERING
To complete the Beach Street roadway reconstruction project in conjunction with the proposed Muskegon
County Channel Crossing watermain installation, services provided by Johnson & Anderson, Inc. (DLZ-J&A) will
include construction engineering performed to industry standards. The following scope of services is
anticipated:
1. DLZ-J&A will organize and attend a preconstruction meeting and prepare minutes of the meeting.
2. DLZ-J&A will review shop drawings/submittals.
3. DLZ-J&A will perform construction staking for the project, including grading limits, alignment
(horizontal and vertical), and ADA ramps.
4. DLZ-J&A will provide full-time inspection of the project while major work is being performed. DLZ-J&A
staff will keep records of all work activity in Daily Field Observation Reports and track all work items.
950 W. Norton Avenue, Ste. 207, Muskegon, MI 49441 OFFICE 231.780.3100 ONLINE WWW.DLZ.COM
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Beach Street Reconstruction
City of Muskegon
5. Material Testing will be done in accordance with MDOT requirements and will be coordinated by DLZ-
J&A.
6. DLZ-J&A will generate Pay Estimates for project work items.
7. DLZ-J&A will review contractor’s compliance with general contract requirements.
8. DLZ-J&A will provide weekly updates to the City and assist the City with resolving any complaints or
concerns that arise during construction.
9. DLZ-J&A will provide as-built information for the final project construction in electronic format.
950 W. Norton Avenue, Ste. 207, Muskegon, MI 49441 OFFICE 231.780.3100 ONLINE WWW.DLZ.COM
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MATTERS OF UNDERSTANDING - WATERMAIN
The scope of services related to this project on Beach Street were developed based on a number of
assumptions that resulted from communication with representatives of Muskegon County and the City of
Muskegon. Muskegon County is proposing to install a water main in the Beach street right-of-way as part of
a project to provide a looped system to the “North Side System”. Based on discussions between both of the
major parties, Muskegon County and the City of Muskegon, it appears that there is a mutual interest to use
this new watermain as a distribution main to service the adjacent residents of the City of Muskegon along
Beach Street.
The following assumptions were made by Johnson & Anderson, Inc. a DLZ Company (DLZ-J&A) as part of this
proposal:
1. The County watermain project begins at the City of Muskegon Water Filtration Plant and will extend
north across the Muskegon Lake Channel. Additions to the County watermain project to facilitate
distribution to the City include mainline connections at Wilcox, Woodlawn, Ohio, Indiana, and
Simpson Avenues, service connections to residences and businesses along the route south of the
channel, additional hydrants as necessary, abandoning of existing mainline watermain and services,
and restoration at connections and services.
2. The proposed distribution watermain will be sized appropriately to complete the Channel Crossing
and looping project to provide sufficient flow. The water system is currently being modeled to verify
watermain sizing.
3. The total length of the watermain project is approximately half a mile.
4. The project will be constructed concurrently with the County watermain project. Construction is
anticipated in the Fall of 2019 & Spring of 2020.
5. The existing mainline watermain will be abandoned in place.
6. As hydrants on a transmission main are spaced at maximum distance, there may be additional
hydrants placed as a result of the transition to a local distribution main. New hydrants will be placed
at locations with spacing meeting current design standards but also with existing conditions in mind
to alleviate the placement of a hydrant in the middle of a property and/or ensuring placement at an
intersection, etc. The number of hydrants placed above and beyond those necessary for transmission
main will be the responsibility of the City.
7. Plumbing permits, fees, and inspections will be the responsibility of the Contractor.
950 W. Norton Avenue, Ste. 207, Muskegon, MI 49441 OFFICE 231.780.3100 ONLINE WWW.DLZ.COM
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Beach Street Reconstruction
City of Muskegon
8. New water services will be installed directly into the homes. Limits of services will be from the new
distribution watermain into the home with the new connection. The City will be responsible for
obtaining Rights of Entry.
9. Design and relocation of any electrical grounding will be the responsibility of the Contractor.
10. Existing water services will be abandoned in place.
950 W. Norton Avenue, Ste. 207, Muskegon, MI 49441 OFFICE 231.780.3100 ONLINE WWW.DLZ.COM
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SCOPE OF SERVICES – WATERMAIN
DESIGN ENGINEERING
To complete the additional Beach Street watermain installation project in conjunction with the proposed
Muskegon County Channel Crossing watermain installation, services provided by Johnson & Anderson, Inc.
(DLZ-J&A) will include design engineering performed to industry standards. The following scope of services is
anticipated:
1. Staff from Johnson & Anderson, Inc. (DLZ-J&A) will attend a kick-off meeting with representatives of
the City of Muskegon, Muskegon County and other relevant stakeholders. A detailed review of the
scope of services, schedule, and project constraints will be completed.
2. DLZ-J&A will gather available information regarding the project including public utility information,
local standards, and available historical documentation that may be available. As part of the overall
project our field staff will perform a full topographic survey of the project corridor from right-of-way
to right-of-way, as well as 25 feet down each side street including locating visible utilities. Specific to
the additional watermain design for the local distribution system, information gathering also includes
existing water service records and plotting locations with the best available information on the
drawings. Further survey investigation will be done for all intersections to verify the location of the
existing watermain. Additionally, we propose to utilize information from the Geotechnical
Investigation that is being obtained for the Channel Crossing to evaluate existing soil conditions.
3. DLZ-J&A will develop conceptual layout (base plans) and participate in a review meeting with City of
Muskegon staff and representatives of Muskegon County to discuss possible utility conflicts, mitigation
of construction options, and layout constraints.
4. DLZ-J&A will facilitate utility coordination involving affected utilities such as water, sewer, electricity,
natural gas, etc. with City staff to expedite any necessary utility relocations and develop alternatives
that may lessen impact to utilities.
5. DLZ-J&A will prepare preliminary plans and specifications for the combined watermain installation and
complete road reconstruction project. Watermain design will be in accordance with County, City, State,
and industry standards. Preliminary design includes drafting, quantity take-offs, and developing the
bidding documents. DLZ-J&A will also facilitate and attend a plan review meeting with the City, County,
utilities, and other stakeholders.
6. DLZ-J&A will coordinate with appropriate governmental agencies and obtain necessary permits to
complete the project. This will include the Michigan Department of Environment, Great Lakes, and
950 W. Norton Avenue, Ste. 207, Muskegon, MI 49441 OFFICE 231.780.3100 ONLINE WWW.DLZ.COM
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Beach Street Reconstruction
City of Muskegon
Energy (EGLE) for water systems, City of Muskegon for right-of-way, and Muskegon County for Soil
Erosion and Sedimentation Control permits. This will not include plumbing permits for water services.
7. DLZ-J&A will examine the need for any potential temporary or permanent grading easements. At this
time, none are anticipated. If the need for a temporary or permanent easement arises, easement
drafting and procurement would be beyond the scope of this proposal.
8. DLZ-J&A will prepare an engineer’s opinion of probable cost utilizing recent local bidding information.
9. DLZ-J&A staff will perform a Quality Assurance/Quality Control review of the plans, prior to each
transmission to the City.
10. DLZ-J&A will incorporate comments from the City’s plan review into the plans and specifications and
submit a Final Plan Package to the County for bid letting. DLZ-J&A will aid the City and County in
answering any questions that arise during bidding.
CONSTRUCTION ENGINEERING
To complete the Beach Street watermain installation project in conjunction with the proposed Muskegon
County Channel Crossing watermain installation, services provided by Johnson & Anderson, Inc. (DLZ-J&A) will
include construction engineering performed to industry standards. The following scope of services is
anticipated:
1. DLZ-J&A will organize and attend a preconstruction meeting and prepare minutes of the meeting.
2. DLZ-J&A will review shop drawings/submittals, as required.
3. DLZ-J&A will perform construction staking for the project including layout stakes and offset stakes as
necessary.
4. DLZ-J&A will provide full-time inspection of the project while major work is being performed. DLZ-J&A
staff will keep records of all work activity in Daily Field Observation Reports and track all work items.
Observations directly related to the local distribution system include 5 tie-ins to existing watermain at
Wilcox, Woodlawn, Ohio, Indiana, and Simpson Streets, approximately 40 water service connections
of varying sizes, abandoning the existing watermain, and inspection of additional hydrants.
5. DLZ-J&A will coordinate material testing, engaging the services of Soils & Structures, Inc of Norton
Shores, Michigan. Soils & Structures has provided a separate quote for materials testing (density)
related to the local distribution main at side street tie-ins.
950 W. Norton Avenue, Ste. 207, Muskegon, MI 49441 OFFICE 231.780.3100 ONLINE WWW.DLZ.COM
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Beach Street Reconstruction
City of Muskegon
6. DLZ-J&A will generate pay estimates for project work items.
7. DLZ-J&A will generate field orders and change orders during construction as necessary.
8. DLZ-J&A will review contractor’s compliance with general contract requirements.
9. DLZ-J&A will provide weekly updates to the City and assist the City with resolving any complaints or
concerns that arise during construction.
10. DLZ-J&A will provide as-built information for the final project construction in electronic format.
SCOPE OF SERVICES – NOT INCLUDED
The following services are not considered part of this proposal. If requested by the City they shall be deemed
“Special Services beyond the Scope” of the project and will be based on the rate schedule (Exhibit B) multiplied
by the actual hours of the individuals working on the project:
1. Easement Preparation and/or Procurement
2. Rights of Entry Preparation and/or Procurement
3. Inspection of physical connection of water service inside the home
4. Engineering and/or Inspection related to the electrical grounding of water services
5. Plumbing permits, fees, and Inspections
6. Permit Fees
7. Wetland Determinations
950 W. Norton Avenue, Ste. 207, Muskegon, MI 49441 OFFICE 231.780.3100 ONLINE WWW.DLZ.COM
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SUMMARY OF FEES
ROADWAY
Design Engineering $31,700.00
Construction Engineering $34,300.00
Subtotal $66,000.00
WATERMAIN
Design Engineering $18,600.00
Construction Engineering $30,400.00
Subtotal $49,000.00
Total $115,000.00
950 W. Norton Avenue, Ste. 207, Muskegon, MI 49441 OFFICE 231.780.3100 ONLINE WWW.DLZ.COM
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PROJECT ESTIMATING SHEET Johnson & Anderson, Inc.
Beach Street Roadway Reconstruction Job No.: 19231 Client: City of Muskegon
Prepared By: LCM LABOR COSTS (classification) FEE COMPUTATION
2-Man survey 1-Man survey
Eng/Surv VI Eng/Surv IV Eng III Inspector III CAD Tech IV Crew Crew Clerical Total Other Total Fee
TASK $ 130.00 $ 105.00 $ 90.00 $ 73.00 $ 90.00 $ 155.00 $ 110.00 $ 50.00 Labor Cost Direct Costs
4.0 - - - 16.0 20.0 - 40.0
Survey
$ 520 $ - $ - $ - $ 1,440 $ 3,100 $ 110 $ - $ 5,170 $ - $ 5,170
- - - - - - - - -
Geotechnical (Subconsultant)
$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Utility Research & - - 4.0 - 4.0 - - - 8.0
Coordination $ - $ - $ 360 $ - $ 360 $ - $ - $ - $ 720 $ - $ 720
- 34.0 10.0 - 80.0 - - - 124.0
Preliminary Road Design
$ - $ 3,570 $ 900 $ - $ 7,200 $ - $ - $ - $ 11,670 $ - $ 11,670
- 4.0 - - 4.0 - - - 8.0
Estimate
$ - $ 420 $ - $ - $ 360 $ - $ - $ - $ 780 $ - $ 780
4.0 30.0 10.0 - 60.0 - - 2.0 104.0
Prelim. Plans
$ 520 $ 3,150 $ 900 $ - $ 5,400 $ - $ - $ 100 $ 9,970 $ - $ 9,970
- 12.0 - - 24.0 - - 2.0 36.0
Final Plans
$ - $ 1,260 $ - $ - $ 2,160 $ - $ - $ 100 $ 3,420 $ - $ 3,420
Subtotal (Design Engineering) $ 31,730
2.0 2.0 2.0 2.0 - - - - 8.0
Pre-Con
$ 260 $ 210 $ 180 $ 146 $ - $ - $ - $ - $ 796 $ - $ 796
4.0 - - - 4.0 - 50.0 - 58.0
Con. Staking
$ 520 $ - $ - $ - $ 360 $ - $ 5,500 $ - $ 6,380 $ - $ 6,380
2.0 - - 160.0 - - - - 162.0
Inspection
$ 260 $ - $ - $ 11,680 $ - $ - $ - $ - $ 11,940 $ - $ 11,940
Material Testing - - - - - - - - -
(Subconsultant) $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 4,300 $ 4,300
8.0 8.0 60.0 - - - - 4.0 76.0
CA/CE
$ 1,040 $ 840 $ 5,400 $ - $ - $ - $ - $ 200 $ 7,280 $ - $ 7,280
2.0 - - - 12.0 - 20.0 - 34.0
As-Builts
$ 260 $ - $ - $ - $ 1,080 $ - $ 2,200 $ - $ 3,540 $ - $ 3,540
Subtotal (Construction Engineering) $ 34,236
SUM HOURS (down column) 24.0 90.0 86.0 162.0 192.0 20.0 50.0 8.0 624.0
SUM $ (down column) $ 3,120 $ 9,450 $ 7,740 $ 11,826 $ 17,280 $ 3,100 $ 5,610 $ 400 $ 61,666 $ 4,300 $ 65,966
Engineering Estimate (ROAD)
12
PROJECT ESTIMATING SHEET Johnson & Anderson, Inc.
Beach Street Water Main Job No.: 19231 Client: City of Muskegon
Prepared By: RLP LABOR COSTS (classification) FEE COMPUTATION
2-Man survey 1-Man survey
Eng/Surv VI Eng/Surv IV Eng III Inspector III CAD Tech IV Crew Crew Clerical Total Other Total Fee
TASK $ 130.00 $ 105.00 $ 90.00 $ 73.00 $ 90.00 $ 155.00 $ 110.00 $ 50.00 Labor Cost Direct Costs
- - - - - - 16.0 - 16.0
Survey
$ - $ - $ - $ - $ - $ - $ 1,760 $ - $ 1,760 $ - $ 1,760
- - - - - - - - -
Geotechnical (Subconsultant)
$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Utility Research & - - - 24.0 16.0 - - - 40.0
Coordination $ - $ - $ - $ 1,752 $ 1,440 $ - $ - $ - $ 3,192 $ - $ 3,192
8.0 - - 8.0 8.0 - - - 24.0
Preliminary Water Design
$ 1,040 $ - $ - $ 584 $ 720 $ - $ - $ - $ 2,344 $ - $ 2,344
- - 4.0 4.0 - - - - 8.0
Estimate
$ - $ - $ 360 $ 292 $ - $ - $ - $ - $ 652 $ - $ 652
16.0 - 16.0 16.0 24.0 - - - 72.0
Prelim. Plans
$ 2,080 $ - $ 1,440 $ 1,168 $ 2,160 $ - $ - $ - $ 6,848 $ - $ 6,848
8.0 - 8.0 8.0 16.0 - - - 40.0
Final Plans
$ 1,040 $ - $ 720 $ 584 $ 1,440 $ - $ - $ - $ 3,784 $ - $ 3,784
Subtotal (Design Engineering) $ 18,580
- - - - - - - - -
Pre-Con
$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
- - - - - - 16.0 - 16.0
Con. Staking
$ - $ - $ - $ - $ - $ - $ 1,760 $ - $ 1,760 $ - $ 1,760
- - - 270.0 - - - - 270.0
Inspection
$ - $ - $ - $ 19,710 $ - $ - $ - $ - $ 19,710 $ - $ 19,710
Material Testing - - - - - - - - -
(Subconsultant) $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 2,200 $ 2,200
8.0 - 32.0 - - - - - 40.0
CA/CE
$ 1,040 $ - $ 2,880 $ - $ - $ - $ - $ - $ 3,920 $ - $ 3,920
4.0 - 4.0 16.0 8.0 - - - 32.0
As-Builts
$ 520 $ - $ 360 $ 1,168 $ 720 $ - $ - $ - $ 2,768 $ - $ 2,768
Subtotal (Construction Engineering) $ 30,358
SUM HOURS (down column) 40.0 - 60.0 330.0 64.0 - 32.0 - 526.0
SUM $ (down column) $ 5,200 $ - $ 5,400 $ 24,090 $ 5,760 $ - $ 3,520 $ - $ 46,738 $ 2,200 $ 48,938
Engineering Estimate (WATER)
13
JOHNSON & ANDERSON, INC.
EXHIBIT A
GENERAL PROVISIONS
PROJECT ASSIGNMENT
The PRINCIPAL wishes J&A to perform professional engineering services, to serve as PRINCIPAL's representative and to provide professional engineering consultation and advice for a
professional fee in connection with the project described in the attached letter agreement.
LIMITATIONS ON THE OBLIGATIONS OF ENGINEER
The PRINCIPAL acknowledges and agrees that the ability of J&A to perform the services specifically described in the SCOPE OF SERVICES is contingent upon the timely availability
of appropriate data and facilities and the cooperation of knowledgeable personnel, all of which are under the PRINCIPAL's control. Therefore, the PRINCIPAL covenants that it shall
reasonably make available to J&A all requested data and facilities, and shall assure the cooperation of such personnel in timely fashion.
FORCE MAJEURE
Neither party shall be liable to the other in damage, claim, delay, or default arising by reason of Acts of God or other case or contingency beyond control of the party sought to be charged.
OPPORTUNITY TO CORRECT DEFAULT
In the event PRINCIPAL believes that J&A has failed to perform any obligation to PRINCIPAL under this Agreement, or that it has performed said obligations inadequately or
improperly, it shall provide J&A with written notice detailing the nature of its complaints with specific references to those provisions of this Agreement which it believes have not been
performed or have not properly or adequately been performed. J&A shall have Thirty (30) Days after its receipt of said written notice to correct such alleged deficiencies in its
performance. Only in the event that J&A has not corrected said alleged deficiencies within said Thirty (30) Day period, and in no other event, shall PRINCIPAL have the right to give
notice of default under this Agreement, and/or terminate it for said cause(s), and /or to claim damage for breach thereof.
ARBITRATION
Any claim or controversy arising out of or relevant to this Agreement, or the breach thereof, shall be settled by binding arbitration in Detroit, Michigan, in accordance with the rules of the
American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Upon a claim arising from any
termination of this Agreement prior to completion of the work as described under SCOPE OF SERVICES, damages awarded to either party shall not exceed the fee or estimated fee as set
forth under PROFESSIONAL FEE, or subject to this Paragraph, the arbitrator(s) shall also assess full costs of the proceedings against the losing party to the dispute, which costs shall
include, but without limitation, all legal fees and other expenses of the prevailing party.
REUSE OF DOCUMENTS
All documents including Drawings and Specifications furnished by J&A pursuant to this Agreement are instruments of his services in respect to the Project. They are not intended or
represented to be suitable for reuse by PRINCIPAL or others on extensions of the Project or on any other project. Any reuse without specific written verification or adaptation by J&A
will be at PRINCIPAL's sole risk and without liability or legal exposure to J&A, and PRINCIPAL shall indemnify and hold harmless J&A from all claims, damages, losses, and expenses
including attorney's fees arising out of or resulting therefrom. Any such verification or adaptation will entitle J&A to further compensation at rates to be agreed upon by PRINCIPAL and
J&A.
PROJECT COST ESTIMATES
Opinions of probable construction cost, economic analysis of alternate solutions and O&M costs prepared by J&A are made on the basis of the qualifications and experience of J&A. It is
recognized however that J&A has no control over the cost of labor, materials, or equipment furnished by others, accordingly, J&A does not guarantee that proposals, bids or actual costs
will not vary from opinions or estimates submitted to PRINCIPAL by J&A hereunder.
PAYMENT TERMS
Unless otherwise stated in this agreement, invoices will be issued periodically for services rendered. Invoiced amounts are due upon receipt. Invoices not paid within 30 days are subject
to a 1.5% per month late charge.
AUTHORITY OF PERSONS EXECUTING AGREEMENT
The person who has executed this document on behalf of the PRINCIPAL shall be an officer in the case of a corporation, a partner in the case of a partnership or the owner of
PRINCIPAL or the agent authorized by resolution to bind the PRINCIPAL. This agreement shall not be effective until it has been countersigned by an authorized agent of J&A.
TERMINATION
This agreement is subject to termination by PRINCIPAL in accordance with OPPORTUNITY TO CORRECT DEFAULT or by J&A should the other fail to perform its obligations
hereunder. In the event of termination, J&A shall be paid for all services rendered to the date of termination, all reimbursable expenses and reimbursable termination costs.
ASSIGNMENT OF CONTRACT
This agreement shall be binding upon the parties, their successors and assigns, provided, however, that neither party hereto shall assign this contract without written consent of both
parties.
14
Exhibit B
2018 Rate Schedule
HOURLY RATE CHARGE
CLASSIFICATION
Engineer VI / Surveyor VI $ 130.00
Engineer V/ Surveyor V $ 120.00
Engineer IV / Surveyor IV $ 105.00
Engineer III / Surveyor III $ 90.00
Engineer II / Surveyor II $ 78.00
Engineer I / Surveyor I $ 74.00
Environmental Analyst VI $ 105.00
Environmental Analyst V $ 95.00
Environmental Analyst IV $ 85.00
Programmer VI $ 110.00
GIS/IT Technician V $ 100.00
GIS/IT Technician IV $ 90.00
GIS/IT Technician III $ 75.00
GIS/IT Technician II $ 70.00
GIS/IT Technician I $ 60.00
CAD Operator IV / Drafter IV $ 90.00
CAD Operator III / Drafter III $ 82.00
CAD Operator II / Drafter II $ 70.00
CAD Operator I / Drafter I $ 60.00
Construction Inspector V / Technician V $ 90.00
Construction Inspector IV / Technician IV $ 85.00
Construction Inspector III / Technician III $ 73.00
Construction Inspector II / Technician II $ 68.00
Construction Inspector I / Technician I $ 63.00
3 Man Survey Crew $ 180.00
2 Man Survey Crew $ 155.00
1 Man Survey Crew $ 110.00
Clerical $ 50.00
15
Date: July 22, 2019
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Gaming License Request from Women’s Division
Chamber of Commerce
SUMMARY OF REQUEST: The Women’s Division Chamber of
Commerce is requesting a resolution recognizing them as a non-profit
organization operating in the City for the purpose of obtaining a Gaming
License.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Charitable Gaming Division
Box 30023, Lansing, MI 48909
OVERNIGHT DELIVERY:
101 E. Hillsdale, Lansing MI 48933
(517) 335-5780
www.michigan.gov/cg
LOCAL GOVERNING BODY RESOLUTION FOR CHARITABLE GAMING LICENSES
(Required by MCL.432.103(K)(ii))
Regular Muskegon City Commission
At a _______________________________ meeting of the ___________________________
REGULAR OR SPECIAL TOWNSHIP, CITY, OR VILLAGE COUNCIL/BOARD
Mayor, Stephen J. Gawron July 23, 2019
called to order by _____________________________________ on ____________________
DATE
5:30 p.m.
at ______________ a.m./p.m. the following resolution was offered:
TIME
Moved by __________________________ and supported by _________________________
that the request from Women's Division Chamber of Commerce
________________________________ Muskegon
of ______________________,
NAME OF ORGANIZATION CITY
Muskegon
county of ____________________________________, asking that they be recognized as a
COUNTY NAME
nonprofit organization operating in the community for the purpose of obtaining charitable
Approval
gaming licenses, be considered for _________________________.
APPROVAL/DISAPPROVAL
APPROVAL DISAPPROVAL
Yeas: ___________ Yeas: ___________
Nays: ___________ Nays: ___________
Absent: ___________ Absent: ___________
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
Muskegon City Commission Regular
adopted by the ________________________________ at a __________________________
TOWNSHIP, CITY, OR VILLAGE COUNCIL/BOARD REGULAR OR SPECIAL
July 23, 2019
meeting held on _________________________________.
DATE
SIGNED: ____________________________________________________________________
TOWNSHIP, CITY, OR VILLAGE CLERK
Ann Marie Meisch - MMC, City Clerk
____________________________________________________________________________
PRINTED NAME AND TITLE
933 Terrace Street, Muskegon, MI 49440
____________________________________________________________________________
ADDRESS
COMPLETION: Required.
PENALTY: Possible denial of application.
BSL-CG-1153(R6/09)
Commission Meeting Date: July 23, 2019
Date: July 18, 2019
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Sale of the property at 159 Amity, 158 Allen, 923 Jay, 201 Jay
and 974 Spring.
SUMMARY OF REQUEST:
Staff is seeking approval to sell the five vacant parcels at 159 Amity, 158 Allen, 923 Jay, 201
Jay, and 974 Spring to Grace Community, LLC, a Michigan Limited Liability Company.
Grace Community, LLC, will be combining these with the adjacent properties that they are
purchasing for the development of retail and office space.
FINANCIAL IMPACT:
Staff recommends a sale price of $11,288.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the sale and for the Mayor and Clerk to sign the purchase agreement, resolution
and deed.
COMMITTEE RECOMMENDATION:
None
7/18/2019
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF VACANT LOTS AT 159 AMITY AVENUE, 158
ALLEN AVENUE, 923 JAY STREET, 201 JAY STREET, AND 974 SPRING STREET IN ANGELL
NEIGHBORHOOD FOR $11,288.
WHEREAS, Grace Community, LLC, a Michigan Limited Liability Company, be allowed to purchase
the parcels designated as parcel numbers: 24-205-208-0003-00, located at 159 Amity Ave.; 24-205-208-
0013-00, located at 158 Allen Ave.; 24-205-208-0001-10, located at 923 Jay St.; 24-205-214-0005-00,
located at 201 Jay St.; and 24-205-215-0006-00, located at 974 Spring St. for a total of $11,288; and
WHEREAS, the combination of the parcel numbers 24-205-208-0003-00, 24-205-208-0013-00, 24-205-
208-0001-10, 24-205-214-0005-00, & 24-205-215-0006-00 would have the purchase price of $11,288,
which is 75% of the True Cash Value (TCV) listed with the City Assessor’s Office; and
WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of further
maintenance costs; and
WHEREAS, the sale is consistent with City policy regarding the disposition of vacant lots, in that, these
parcels will be combined with adjacent parcels and developed into retail and office space and sold for the
price of $11,288; and
NOW THEREFORE BE IT RESOLVED, that parcel numbers 24-205-208-0003-00, 24-205-208-0013-
00, 24-205-208-0001-10, 24-205-214-0005-00, & 24-205-215-0006-00, located at 159 Amity Ave., 158
Allen Ave., 923 Jay St., 201 Jay St., & 974 Spring St. be sold to Grace Community, LLC, a Michigan
Limited Liability Company, for $11,288.
Adopted this 23rd day of July 2019
Ayes:
Nays:
Absent:
By: _________________________
Stephen Gawron
Mayor
Attest: _________________________
Ann Marie Meisch, MMC
City Clerk
7/18/19
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on July 23, 2019.
By: ________________________
Ann Marie Meisch, MMC
City Clerk
7/18/19
City Owned Vacant Lots for Sale to Grace Community, LLC
VE 15 91
6
A
0
79
N
186 223
14
TO
0 856
165
0. 7
15 67
66
82
L
0'
213
WA
876
14
80
0
95.5
33
145
59
203
ED
870
99
30
50
84
77 76 881
T
5.3
14
40
864
56
68
CA
0
0'
66
66
VA
54
'
159 Amity
10
.27
SP
. 00
33 175
125
132
165
132
16,025.95 Sq. Ft.
107
'
107
13
RI
7. 8
204
5 '
R-3 210
78
6.3 218 222 230
5'
66 244 254
16
NG
' 56 43 272 288 3
15
33
9 . 50 100 32 66 66
2. 2
19
5'
UE AMITY AVE
ST
912
N
VE
159 32 66' 66
30
RE
169 185 205 66 66
0
66'
66
A
213 33' 33' 66' 66 66
39 223 231 33 33
82
253 273
E
283 293
_
^
72
)
289
ET
FORK STREET
27
TL
80'
80'
139
JAY ST (VAC
132'
R
57 131
132'
MY
66
_
^
132
37127
50
922
923 Jay (Landlocked)
60
929
52'
923
52'
4 158 Allen 930 3,300 Sq. Ft. 99' 33'
10
R-3
33'
8,712 Sq. Ft. 66'
928
R-3 _
^
74
132
132
132
6 .3 6'
39
132
66
66
10
148
'
99
134 158 168 174 186
6'
2
228
6.3 154 33 33
66
6 89 66 33 33 66 216 234 240 252
58
268 274
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APPLE AVENUE
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Properties owned by Grace Community, LLC 23
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39
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made July 23, 2019, by and between the CITY OF
MUSKEGON, a Municipal Corporation, of 933 Terrace St., Muskegon, Michigan 49440
("Seller"), and GRACE COMMUNITY, LLC, a Michigan Limited Liability Company, of 5801
Safety Drive NE, Belmont, MI 49301 ("Buyer").
1. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property located in the City of Muskegon, Muskegon County, Michigan ("Premises"),
and specifically described as:
1) 159 Amity Ave. Parcel # 61-24-205-208-0003-00:
CITY OF MUSKEGON REVISED PLAT OF 1903 ALL OF LOT 3 & LOT 4 & EAST
39 FEET OF LOT 5 BLOCK 208.
2) 158 Allen Ave. Parcel # 61-24-205-208-0013-00:
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 13 BLOCK 208.
3) 923 Jay St. Parcel # 61-24-205-208-0001-10:
CITY OF MUSKEGON REVISED PLAT 1903 SOUTH 50 FEET LOT 1 BLOCK 208.
4) 201 Jay St. Parcel # 61-24-205-214-0005-00:
CITY OF MUSKEGON REVISED PLAT 1903 LOT 5 & NORTH 8 FEET LOT 6
BLOCK 214.
5) 974 Spring St. Parcel # 61-24-205-215-0006-00:
CITY OF MUSKEGON REVISED PLAT 1903 LOT 6 & PART LOT 5 DESCRIBED
AS: COMMENCING AT SOUTHWEST CORNER LOT 5 THENCE
NORTHWESTERLY ALONG SOUTHWESTERLY LINE SAID LOT 50 FEET
THENCE NORTHEASTERLY PARALLEL WITH SOUTHEASTERLY LINE SAID
LOT 5 46 FEET THENCE EAST PARALLEL WITH SOUTH LINE ALLEN AVENUE
TO EAST LINE SAID LOT THENCE SOUTH ALONG EAST LINE SAID LOT TO
SOUTHEAST CORNER THEREOF THENCE SOUTHWESTERLY ALONG
SOUTHEASTERLY LINE SAID LOT 68 FEET TO POINT OF BEGINNING BLOCK
215.
Subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Eleven Thousand Two Hundred Eighty-Eight and no/100 Dollars ($11,288.00), payable
in cash or bank certified check.
3. Taxes and Assessments. All taxes and assessments that are due and payable at
the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments that become due and payable after Closing shall be the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to the Buyer, ten (10) days prior to
closing, a commitment for title insurance, issued by Transnation Title Insurance Company, for an
amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable,
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
unreasonableness of restriction and such unmarketability of title, to remedy such objections. If
Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or
otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (10) days of written notification thereof. If Seller fails to resolve such restrictions or
remedy the title within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated at Buyer's option. The premium for the owner's title policy shall
be paid by Seller.
5. Covenant to Construct Improvements and Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees any necessary zoning
changes needed for the development, any street vacations, any utility maintenance/relocation due
to any street vacations, and any ground testing (some parcels are adjacent to a former railroad as
well as known groundwater contamination) will be their sole responsibility of the Buyer. The
information regarding the contaminated adjacent land has been disclosed to the Buyer as well as
the documentation regarding the contamination information that the City had on file.
6. Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to
purchase the Premises subject to said encroachment or variation.
7. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED
THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE
BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING
PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT
DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER
KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER
WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUBSTANCES ARE
FOUND.
8. Closing. The closing date of this sale shall be held 90 days from City
Commission approval of the sale, more specifically on or before October 21, 2019 ("Closing").
The Closing shall be conducted at Transnation Title Insurance Company, 570 Seminole Rd. Ste
102, Muskegon, Michigan 49444. If necessary, the parties shall execute an IRS closing report at
the Closing.
9. Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.
10. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
11. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
12. Costs. Seller shall be responsible to pay the Michigan transfer tax, if any, in the
amount required by law. In addition, Seller shall be responsible to pay for the recording of any
instrument that must be recorded to clear title to the Premises, to the extent required by this
Agreement.
Buyer shall pay for the cost of recording the deed to be delivered at Closing.
13. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as
plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this Agreement,
which alone fully and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e. Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
g. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the Closing and continue in full force and effect after
the consummation of this purchase and sale.
h. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day and year first
above written.
WITNESSES: SELLER: CITY OF MUSKEGON
_______________________________ By_____________________________________
Stephen Gawron, Its Mayor
_______________________________ _______________________________________
Ann Marie Meisch, MMC, Its Clerk
BUYER:
________________________________ _____________________________________
Joseph S. Bush, Its Authorized Agent of Grace
Community, LLC.
QUIT CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a Municipal
Corporation, of 933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS TO: GRACE COMMUNITY, LLC, a Michigan Limited Liability Company,
of 5801 Safety Drive NE, Belmont, MI 49301,
the following described premises situated in the City of Muskegon, County of Muskegon, State
of Michigan, to wit:
**See Attached**
for the sum of: Eleven Thousand Two Hundred Eighty-Eight Dollars ($11,288)
Subject to any easements or use restrictions of record.
This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA
207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i).
Dated this ____ day of June 2019
Signed in the presence of: CITY OF MUSKEGON
______________________________ By_________________________________
Stephen Gawron, Its Mayor
______________________________ and________________________________
Ann Marie Meisch, MMC, Its Clerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this _____ day of June 2019, by
STEPHEN GAWRON and ANN MARIE MEISCH, MMC, the Mayor and Clerk, respectively,
of the CITY OF MUSKEGON, a municipal corporation, on behalf of the City.
____________________________________
PREPARED BY: Hope Mitchell _______________________, Notary Public
City of Muskegon Acting in the County of Muskegon, MI
933 Terrace St Room 202 Muskegon County, MI
Muskegon, MI 49440 My Comm. Expires: ___________________
Telephone: (231) 724-6702
WHEN RECORDED RETURN TO: SEND SUBSEQUENT TAX BILLS TO:
GRANTEE GRANTEE
LEGAL DESCRIPTIONS:
159 Amity Ave. Parcel # 61-24-205-208-0003-00:
CITY OF MUSKEGON REVISED PLAT OF 1903 ALL OF LOT 3 & LOT 4 & EAST 39
FEET OF LOT 5 BLOCK 208.
158 Allen Ave. Parcel # 61-24-205-208-0013-00:
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 13 BLOCK 208.
923 Jay St. Parcel # 61-24-205-208-0001-10:
CITY OF MUSKEGON REVISED PLAT 1903 SOUTH 50 FEET LOT 1 BLOCK 208.
201 Jay St. Parcel # 61-24-205-214-0005-00:
CITY OF MUSKEGON REVISED PLAT 1903 LOT 5 & NORTH 8 FEET LOT 6 BLOCK 214.
974 Spring St. Parcel # 61-24-205-215-0006-00:
CITY OF MUSKEGON REVISED PLAT 1903 LOT 6 & PART LOT 5 DESCRIBED AS:
COMMENCING AT SOUTHWEST CORNER LOT 5 THENCE NORTHWESTERLY
ALONG SOUTHWESTERLY LINE SAID LOT 50 FEET THENCE NORTHEASTERLY
PARALLEL WITH SOUTHEASTERLY LINE SAID LOT 5 46 FEET THENCE EAST
PARALLEL WITH SOUTH LINE ALLEN AVENUE TO EAST LINE SAID LOT THENCE
SOUTH ALONG EAST LINE SAID LOT TO SOUTHEAST CORNER THEREOF THENCE
SOUTHWESTERLY ALONG SOUTHEASTERLY LINE SAID LOT 68 FEET TO POINT OF
BEGINNING BLOCK 215.
Date: July 17, 2019
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Resolution Authorizing Ballot Language for Charter
Amendment Regarding Civil Service
SUMMARY OF REQUEST: To adopt the resolution to place a question on the
November 5, 2019 ballot to amend the Civil Service procedure for filling
positions of employment to eliminate the “Rule of 3” for adoption by the voters
of the City of Muskegon.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution.
CITY OF MUSKEGON
RESOLUTION NO.______
A Resolution of the City of Muskegon City Commission to amend the Civil Service
procedure for filling positions of employment to eliminate the “Rule of 3” for adoption by the
voters of the City of Muskegon.
The City Commission of the City of Muskegon resolves the following amendment to the
City Charter shall, upon approval of the Governor, be submitted to the Electors of the City
in accordance with the Home Rule Cities Act of the State of Michigan
Proposed Charter Amendment
City of Muskegon
Amend Article XV, by amending Section 5 to read as follows:
ARTICLE XV. CIVIL SERVICE
Section 5 Filling positions, procedure.
The head of any department in which a position is to be filled shall notify
the commission of that fact and in the event the position is to be filled by
promotion from one grade of service to another, then the commission shall certify
to the appointing officer the name and address of all employees seeking the
promotion who meet the minimum qualification, but in the event that the position
to be filled is one for which no employee may promote to the position then the
commission shall certify to the appointing officer the names and addresses of all
applicants meeting the minimum qualifications. At or before the expiration of the
period of probation the head of the department or office in which a candidate is
employed may, with the consent of said commission, based upon the written
reasons submitted to it, discharge him, or the commission may transfer him to
another department with the consent of the head of such department, but if not
discharged prior to the expiration of the period of probation, as hereinafter fixed,
his appointment shall be deemed completed.
BE IT FURTHER RESOLVED that the following language be placed upon the ballot at
the next election in accordance with the Home Rule Cities Act:
PROPOSED AMENDMENT TO SECTION 5 (FILING POSITIONS) OF
CHAPTER XV (CIVIL SERVICE) OF MUSKEGON CITY CHARTER
O:\CLERK\COMMON\WORD\AGENDA ITEMS FOR NEXT MEETING\2019\072319\10B_12B5800-CHARTER AMENDMENT; ELIMINATE R.DOC
Section 5 of Chapter XV of the City of Muskegon Charter currently limits an
appointing authority’s selection of a new city employee to “the three persons
standing highest on the eligible list”. This proposal would allow the appointing
authority to review all qualified applicants and select a new city employee from
the list of qualified applicants. Shall Section 5 of Article XV of the City Charter
be amended to authorize an appointing authority to select a new city employee
from the list of all qualified applicants?
BE IT FURTHER RESOLVED that the proposed charter amendment, as adopted by the
City Commission on ______________, 2019 be published in the Muskegon Chronicle, and a
reasonable number of copies made available to the public before the said election.
This resolution adopted:
AYES: Commissioners
NAYES:
ABSENT:
CITY OF MUSKEGON
By___________________________
Ann Marie Meisch, City Clerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON
I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a
meeting of the city commission members of the City of Muskegon, Michigan, held on the ____
day of ______________, 2019 and that the minutes of the meeting are on file in the office of the
City Clerk and are available to the public. Public notice of the meeting was given pursuant to
and in compliance with Act 267, Public Acts of Michigan, 1976.
______________________________
Ann Marie Meisch, City Clerk
O:\CLERK\COMMON\WORD\AGENDA ITEMS FOR NEXT MEETING\2019\072319\10B_12B5800-CHARTER AMENDMENT; ELIMINATE R.DOC