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CITY OF MUSKEGON
CITY COMMISSION MEETING
DECEMBER 8, 2020 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
REMOTE MEETING
AGENDA
□ CALL TO ORDER:
□ ROLL CALL:
□ HONORS/AWARDS/PRESENTATIONS:
A. 2016-2021 Vision Update
□ PUBLIC COMMENT ON AN AGENDA ITEM:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Gaming License Request from Muskegon Pregnancy Services City Clerk
C. MERS Defined Contribution Plan Adoption Agreements Addendum
Finance
D. Non-Union Pay/Benefits City Manager
E. Body Camera Purchase Public Safety
F. Beach Warning System Public Works
G. CZM Grant Application Public Works
H. DWAM Grant Application Public Works
I. Michigan & Franklin Reconstruction Public Works
J. Beach Street Expanded Parking Public Works
K. Westwood Change Order #002 Public Works
L. Installment Purchase Agreement Approval – Jackson Hill Infill Housing
Development Services
M. NEZ Certificates Planning
Page 1 of 2
N. Street/Alley Vacations Planning
O. Former Farmers Market Rezoning Planning
P. Parkland Properties Marina Agreement City Manager
Q. Convention Center Naming Rights City Manager
□ PUBLIC HEARINGS:
A. Jackson Hill, McLaughlin & Angell Rezoning’s Planning
B. CAPER 2019 Community & Neighborhood Services
C. Infill Housing Project (2nd Amendment) Brownfield Plan Amendment Public
Hearing Economic Development
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Community EnCompass Infill Housing Development Agreement and
Funding Economic Development
□ ANY OTHER BUSINESS:
□ PUBLIC COMMENT:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Page 2 of 2
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 8, 2020 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the November 24, 2020 Regular City Commission
Meeting.
Detailed Summary: N/A
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the minutes.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 24, 2020 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
REMOTE MEETING
MINUTES
The Regular Commission Meeting of the City of Muskegon was held
electronically with the Mayor, Vice Mayor and Commissioners participating via
Zoom – a remote conferencing service, Clerk staff present at 933 Terrace Street,
Muskegon, MI at 5:30 p.m., Tuesday, November 24, 2020.
ROLL CALL FOR THE REGUARL COMMISSION MEETING:
Present: Mayor Stephen J. Gawron (Muskegon, MI), Vice Mayor Eric Hood
(Muskegon, MI) Commissioners Ken Johnson (Muskegon, MI), Dan Rinsema-
Sybenga (Bradenton, FL), Willie German, Jr. (Muskegon, MI), Teresa Emory
(Muskegon, MI), and Michael Ramsey (Muskegon, MI), City Manager Frank
Peterson, City Attorney John Schrier, and City Clerk Ann Meisch.
HONORS AND AWARDS: Mayor Steve Gawron announced that the City of
Muskegon’s application was accepted to participate in a 6-week program with
the Mayor’s Institute of City Design. We will present our project and receive
recommendations from the Institute. The project submitted focuses on seeking
greater investment parity city-wide by initially targeting increasing commercial
development opportunities in the historically under-invested, and racially diverse
Jackson Hill neighborhood. We are currently updating the city’s Master Plan and
would like to integrate the 2020 Census data that would support and inform
land use and transportation decisions outlined in the Plan. Our goal is to
understand how this data can be utilized to spur neighborhood-centric
commercial development and create new employment opportunities in that
particular neighborhood at this time, where 44.6% of the residents live at or
below the poverty line. We have an opportunity to do a focused study and
develop some good project parameters that could be utilized there. As we go
beyond, we can see how that experience can help us in all of our
neighborhoods. Planning and Economic Development have done great work to
get this plan and application submitted.
PUBLIC COMMENT ON AN AGENDA ITEM: Public comments were received.
Page 1 of 7
2020-86 IMMEDIATE ACTION REQUESTED:
A. Remote Meeting Procedures City Clerk
SUMMARY OF REQUEST: Public Act 228 of 2020 amended the Open Meetings
Act to allow for electronic meetings. The Act requires that if the City wishes to
conduct electronic meetings, that it adopts electronic meeting procedures.
Public Act 228 of 2020 amended Section 3 of the Open Meeting Act (OMA) and
added Section 3a to the OMA to permit, in certain circumstances, public bodies
to meet electronically and to permit members of those public bodies to
participate in, and vote on, business before the public body remotely.
The Act requires the public body, as defined ins Section 2(a) of the OMA, being
the City Commission, including all boards, commissions, committees,
subcommittees, or authorities of the City of Muskegon, to establish procedures
to ensure compliance with the requirements of the Act related to electronic
meetings. It is recommended that the City Commission establish the presented
electronic meeting procedures for itself and all of the public bodies of the City
to comply with this statutory requirement.
STAFF RECOMMENDATION: To establish the procedures to permit the City
Commission and all other public bodies of the City of Muskegon to meet
electronically and vote on business before the public body remotely.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to establish procedures to permit the City Commission and all other public
bodies of the City of Muskegon to meet electronically and vote on business
before the public body remotely.
Motion by Commissioner Johnson, second by Commissioner Rinsema-
Sybenga to amend Section C of the proposed procedures to require that if
an agenda exists for an electronic meeting, the agenda for that meeting
shall be made available to the public at least 12 hours before the
electronic meeting begins by posting the agenda on the portion of the
City’s website that is fully accessible to the public.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
Gawron, and Hood
Nays: None
MOTION PASSES
VOTE ON ORIGINAL MOTION:
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
and Gawron
Nays: None
MOTION PASSES
Page 2 of 7
2020-87 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the November 9, 2020 Work
Session Meeting, the November 10, 2020 Regular City Commission meeting, and
the November 13, 2020 Special City Commission Meeting.
STAFF RECOMMENDATION: To approve the minutes.
B. 2020-2021 School Resource Officer Agreement Public Safety
SUMMARY OF REQUEST: Review and approve the School Resource Officer
Agreement proposed for employment of one Muskegon Police Department
officer for the 2020-2021 school year. This agreement includes a 3% increase for
a total of $24,190.40 paid to the City of Muskegon between September 2020
and June 2021.
STAFF RECOMMENDATION: Approval of the 2020-2021 School Resource
Officer Agreement.
C. 2020-2021 Winter Parking Ordinance Amendment Public Safety
SUMMARY OF REQUEST: Revise LO09 of the effected city ordinance (92-71), staff
received information that the current ordinance was problematic in our
downtown designated area. With the increase of full-time residents living
downtown parking is a premium throughout the day and night. Staff is proposing
a change to the downtown area to accommodate residents and business
patrons that the frequent the designated area.
STAFF RECOMMENDATION: Approval of the amended Parking Ordinance as
it pertains to Winter Parking.
D. Ramos Towing Agreement Public Safety
SUMMARY OF REQUEST: Extension of the current contract with Ramos Towing for
(2) two years. The next renewal date will be January 1st 2023. No changes to the
current service and fee schedule are expected during the 24 (twenty0four
month extension.
STAFF RECOMMENDATION: Approve a 24 (twenty-four) month service
agreement with Ramos Towing.
E. Social District Permit Recommendation Economic Development
SUMMARY OF REQUEST: The City Commission must recommend approval of the
Michigan Liquor Control Commission permits of participating licensed
establishments in the Downtown Muskegon Social District.
With the establishment of the Downtown Muskegon Social District, participating
licensed establishments must receive a Social District permit from the Michigan
Liquor Control Commission. The MLCC must first receive a recommendation for
Page 3 of 7
approval from the City Commission before granting the permits. You handled
the initial eight such requests at your August 25 and September 8 meetings. The
attached resolution is for Ingalls Business AQ (dba Mike’s Inn) which is also
seeking a Social District permit from the state and seeking City Commission
recommended approval. The Social District Plan identifies 22 potential
participating licensees within the district. Other licensed establishments may file
a Social District permit application in the future.
STAFF RECOMMENDATION: To approve the resolution recommending
Michigan Liquor Control Commission approval of Social District permits in the
Downtown Muskegon Social District and to direct the City Clerk to certify the
City Commission action with the MLCC.
F. MERS Defined Benefit Plan Adoption Agreements Addendum Finance
SUMMARY OF REQUEST: MERS of Michigan, our Pension Plan Administrator, is
asking all clients to complete and update plan adoption agreements so they
can ensure the details of our plans are accurately documented. Staff is seeking
our approval of the Defined Benefit Plan Agreement Addendums presented.
MERS of Michigan is asking the City of Muskegon to review and update our
Defined Benefit Plan Adoption Agreements for each of our six divisions, Non-
Union, Clerical, 517 m DPW, Police Patrol, Police Command, and Fire. The Plan
Adoption Agreement Addendums for each division are attached. Please not we
have not changed any of the provision of our plans, this is a MERS request so
they can ensure accuracy. Please note that the Addendums for our Defined
Contribution Plans will be brought to you at our next meeting.
STAFF RECOMMENDATION: To approve the MERS Defined Benefit Plan
Adoption Agreement Addendums as presented.
G. PRI Document Approval – Jackson Hill Infill Housing Loan
Development Services
REMOVED PER STAFF REQUEST
H. Trinity Village (COGIC Village) PILOT Agreement Termination Treasurer
SUMMARY OF REQUEST: To terminate the payment in lieu of taxes (PILOT)
agreement with Trinity Village for the COGIC Village housing project.
We were recently notified by a representative of KMG Prestige, property
manager for COGIC Village, that the property had been sold in August of 2019
to MASH – COGIC Muskegon LDHA Association, LLC. At the time the property
was sold, the qualifying load was paid off. As such, the property no longer
qualifies for PILOT status, and we need to take official action to terminate the
original agreement. After termination, the county’s Equalization Department will
notify the owners of the termination, and determine the proper classification to
return the property to the city’s tax roll.
Page 4 of 7
STAFF RECOMMENDATION: To approve the resolution to terminate the
Contract for Housing Exemption with Trinity Village Non-Profit Housing
Corporation.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Ramsey,
to approve the consent agenda as presented.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, Ramsey,
and German
Nays: None
MOTION PASSES
2020-88 PUBLIC HEARINGS:
A. Beach Street Utility Special Assessment Public Works
SUMMARY OF REQUEST: Conduct the first Public Hearing for the Beach Street
Aerial Utility Burial Special Assessment to create the special assessment district
inclusive of all properties shown in the attachment, appoint two Commissioners
to the Board of Assessors, and adopt the resolution.
Staff has been petitioned by property owners along Beach Street to have the
aerial communication utilities (Frontier Communications and Comcast Cable)
buried within the above referenced limits. Staff has reviewed the request and
additional documentation/detail is attached along with a preliminary staff
summary.
Staff will present the results of the property owner mailers at the Public Hearing
as well as take any public comment on the special assessment. The proposed
special assessment district properties are show in the attachment. Staff is
requesting two Commissioners be appointed to the Board of Assessors along
with the County Assessor’s office to prepare the assessment roll.
STAFF RECOMMENDATION: To close the public hearing, appoint two
Commissioners to the Board of Assessors, and approve the resolution.
PUBLIC HEARING COMMENCED:
Darryl Bell – 1668 Beach Street – looking for clarification
Kevin Eaton – 1646 Beach Street – opposed as all lines are not included
Reid Heredowich (grandson) at 1650 Beach Street – opposed
Bernadette Thomas – 1790 Beach Street – clarify timing of project – why wasn’t it
done with road work.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
close the public hearing, appoint Commissioner Rinsema-Sybenga and
Commissioner Emory to the Board of Assessors and approve the resolution.
ROLL VOTE: Ayes: Emory, Gawron, Hood, Ramsey, and Rinsema-Sybenga
Page 5 of 7
Nays: German
MOTION PASSES
2020-89 NEW BUSINESS:
A. Amendment to the Zoning Ordinance - Marihuana Planning
SUMMARY OF REQUEST: Staff-initiated request to amend the zoning ordinance
to allow for Microbusinesses, Designate Consumption Establishments, Class A
Recreational Grows, (Up to 100 plants), Class B Recreational Grows (Up to 500
plants), Class A Medical Grows (Up to 500 plants) and temporary marihuana
events as a special use permitted in I-1, I-2, MC, B-2, and B-4 zoning districts.
The Planning Commission voted in favor of the ordinance amendment with the
following conditions:
Any adult -use marihuana business shall not be located within a 500-foot radius
of any property occupied by: (1) a public playground, (2) a public park, (3)
public housing, (4) a religious institution, (5) a public or private, vocational
school, college, junior college, or university, (6) a state-licensed child care
center or pre-school, (7) any public swimming pool, public or private youth
activity facility, public outdoor recreation area (except trails) or public
recreation facility, (8) a youth center, (9) a juvenile or adult halfway house, (10)
correction facility or rehab center.
STAFF RECOMMENDATION: To approve the request to amend the zoning
ordinance to allow for Microbusinesses, Designated Consumption
Establishments, Class A Recreational Grown, Class B Recreational Grows and
temporary marihuana events as a special use permitted in I-1, I-2, MC, B-2, and
B-4 zoning districts.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
table the zoning ordinance amendment until the January 27, 2021 Legislative
Policy Committee meeting.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
Sybenga, Emory
Nays: None
MOTION PASSES
B. Community EnCompass Infill Housing Development Agreement and
Funding Economic Development
REMOVED PER STAFF REQUEST
ANY OTHER BUSINESS: Commissioner German requested an update from
Chief Lewis regarding crime in the city and how we are resolving issues.
Dave Alexander provided an update from the DDA meeting regarding the
Page 6 of 7
Lakeshore Art Festival and Taste of Muskegon. Both events are to be
administered by the City Clerk’s Office with Dave Alexander providing regular
updates to the Downtown Development Authority.
PUBLIC COMMENT: Public Comments received.
2020-90 CLOSED SESSION:
A. Discussion of Pending Litigation
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to go
into closed session to discuss pending litigation, Hilton vs. City of Muskegon and
Ann Meisch.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
and Gawron
Nays: None
MOTION PASSES
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Emory, to
come out of closed session.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
and Johnson
Nays: None
MOTION PASSES
Motion by Commissioner German, second by Commissioner Johnson, to follow
recommendation of counsel discussed in closed session.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
and Ramsey
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission meeting adjourned at 7:57 p.m.
Respectfully Submitted,
Ann Marie Meisch – MMC, City Clerk
Page 7 of 7
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 12/8/2020 Title: Gaming License Request from
Muskegon Pregnancy Services
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: Muskegon Pregnancy Services is requesting a resolution recognizing them as
non-profit organization operating in the City for the purpose of obtaining a raffle license.
Detailed Summary:
Amount Requested: n/a Amount Budgeted: n/a
Fund(s) or Account(s): n/a Fund(s) or Account(s): n/a
Recommended Motion: To approve the request from Muskegon Pregnancy Services to be
recognized as a non-profit operating in the City for the purpose of obtaining a raffle license.
For City Clerk Use Only:
Commission Action:
“Be strong in the Lord and in His mighty Power” Eph 6:10
muskegonpregnancyservices.org | 231.726.2677 | 1775 Wells Ave. Muskegon MI 49442
12-3-2020
2020 Board
Members Dear Muskegon Commissioners:
President
Jeffery Greve
I am requesting a gaming license of Muskegon Pregnancy Services to be able to have
Greve Law PLC raffles to raise funds for the ministry. I understand part of the state’s requirements is to
have my governing body recognize our nonprofit organization, and confirm it is
Treasurer operating in the community in order to obtain a charitable gaming license. I have
Kathy Hayes
CWD Real Estate
submitted all the paperwork necessary.
Secretary We were given a beautiful donation of a LeVian 1.3ktw diamond ring from Gold
Ann Davidson Recyclers to do a raffle to raise funds for our ministry. We had the ring appraised and
Living Water Bible Church
the value of it is $4,695. Below is a copy of the flyer we will use.
Dan McKinnon
CEO Owner - We would like to start selling raffle tickets as soon as possible as we plan to have a
GH Companies
winner drawn on February 11th at 4pm.
Zach Krause
Blue Star Construction Please let me know if there is anything else I need to do!
LLC
Deb Null
Sondra Cross
Living Word Church
Debra Null
Lisa Lee
Calvary Bible Church
Executive Director
Muskegon Pregnancy Services
Gin Greenlee 1775 Wells Ave. Muskegon, MI 49442
Board Certified w. 231.726.2677 f. 231.726.2236 c. 231-206-2471
Naturopathic Doctor
Holly Shmiedeknecht
RMDS
*****
Mission
Statement:
We are committed
to providing clinical
life-saving services
and empowering
life-changing
decisions.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 8, 2020 Title: MERS Defined Contribution Plan
Adoption Agreements Addendum
Submitted By: Beth Lewis Department: Finance
Brief Summary: MERS of Michigan our Pension Plan Administrator is asking all clients to complete
and update plan adoption agreement so they can ensure the details of our plans are accurately
documented. Staff is asking for your approval of the Defined Contribution Plan Agreement
Addendums presented.
Detailed Summary: MERS of Michigan is asking the City of Muskegon to review and update our
Defined Contribution Plan Adoption Agreements for each of our seven divisions, Non Union,
Clerical, 517m DPW, Police Patrol, Police Command and Fire. I have attached the Plan Adoption
Agreement Addendums for each division. Please note we have not changed any of the
provisions of our plans, this is a MERS request so they can ensure accuracy.
Amount Requested: N/A Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the MERS Contribution Benefit Plan Adoption Agreement
Addendums as presented.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan
Adoption Agreement Addendum
1134 Municipal Way Lansing, MI 48917 | 800.767.MERS (6377) | Fax 517.703.9711 www.mersofmich.com
The employer, a participating municipality or court within the state of Michigan, hereby agrees to
adopt and administer the MERS Defned Contribution (DC) Plan provided by the Municipal Employees’
Retirement System of Michigan, as authorized by 1996 PA 220, in accordance with MERS Plan Document,
as both may be amended, subject to the terms and conditions herein.
I. Effective Date
The effective date shall be the frst day of January, 2021.
II. Employer name ____________________________________________________________________________
Muskegon, City of
Municipality number _____________
611601
This is an amendment of the existing MERS Defned Contribution Agreement.
Any changes to plan provisions apply to employees in the division on the effective date, as well as to
new hires ongoing. Defnitions will apply for all service accrued after the effective date.
611601110192
Division number _____________
Division name _____________________________________________________________
110192
Note: This division should refect how you currently defne employees who are eligible to participate,
for example, All full-time Employees, New hires after 1/1/2019, etc.
III. Plan Eligibility
Only those employees eligible for MERS membership may participate in the MERS Defned
Contribution Plan. If an employee classifcation is included in the plan, then employees that meet this
defnition are required to participate in the plan and earn time toward vesting. All eligible employees
must be reported to MERS.
Using your Division Name above, expand on the employee classifcations that are eligible to
participate in MERS, such as “Clerical staff working more than 160 hours in a month,” “Elected
Offcials” or “Admin working >32 hours per week,” etc.:
Police Command Officers hired after 7/28/2006 working more than 1747 hours per year.
___________________________________________________________________________________________
Employee classifcation contains public safety employees: X Yes No
Public safety employees include: law enforcement, parole and probation offcers, employees
responsible for emergency response (911 dispatch, fre service, paramedics, etc.), public works,
and other skilled support personnel (equipment operators, etc.).
MD-070a (version 2020-09-28) Page 1 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601110192
If you elect to include a special classifcation (chart below), then the employee will be required to
participate in the employer and employee contributions adopted in your plan. An excluded classifcation
will require additional information below.
To further defne eligibility (select all that apply):
Not
Employee Classifcation Included Excluded
Employed
Temporary Employees: Those who will work for the municipality fewer than _____
12
X
months in total.
Part-Time Employees: Those who regularly work fewer than 1747
_______ per _______.
year X
Seasonal Employees: Those who will work for the municipality
X
from __________
April to __________
October only.
Voter-Elected Offcials X
Appointed Offcials: An offcial appointed to a voter-elected offce. X
Contract Employees X
Probationary Periods (select one):
Contributions will begin after the probationary period has been satisfed. Probationary periods
are allowed in one-month increments, no longer than 12 months. During this probationary period,
contributions will not be reported and service toward vesting will begin when probationary period has
ended.
The probationary period will be ______ month(s).
Comments:
X Contributions will begin with the employee’s date of hire (no Probationary Period). Effective with the
date of hire, wages paid and any associated contributions must be submitted to MERS.
MD-070a (version 2020-09-28) Page 2 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601110192
IV. Provisions
1. Leaves of Absence
Regardless of whether an employee is earning a wage while on the following types of leave:
• Third-party wages are not used in determining contributions for periods of leave.
• Vesting under elapsed time continues to accrue even if wages are not earned and contributions
are zero.
Note: Employers who determine vesting based on an “hours-reported” method, should report
actual worked hours for the month where there was a leave.
Types of leave include:
• Short Term and Long Term Disability
• Workers Compensation
• Unpaid Family Medical Leave Act (FMLA)
Leaves of absence due to military service are governed by the federal Uniformed Services Employment and
Reemployment Rights Act of 1994 (USERRA), IRC 414(u), effective January 1, 2007, IRC 401(a)(37).
MD-070a (version 2020-09-28) Page 3 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601110192
2. Defnition of Compensation
The Defnition of Compensation is used to determine participant and employer contributions. Wages are
strongly recommended to be reported with regular wage/contribution reports to MERS. Contributions
cannot exceed IRS limitations.
Select your Defnition of Compensation here. If you
choose to customize your defnition, skip this table
and proceed to page 5.
Base Wages Box 1 Wages Gross Wages
Types of Compensation
Regular Wages All Regular Wages All Regular Wages All Regular Wages
Salary or hourly wage X hours included included included
PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassifed)
On-call pay
Other Wages Excluded All Other Wages All Other Wages
Shift differentials included included
Overtime
Severance issued over time (weekly/bi-weekly)
Lump Sum Payments Excluded All Lump Sum All Lump Sum
PTO cash-out Payments included Payments included
Longevity
Bonuses
Merit pay
Job certifcations
Educational degrees
Moving expenses
Sick payouts
Severance (if issued as lump sum)
Taxable Payments Excluded All Taxable All Taxable
Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Payments included Payments included
Prizes, gift cards
Personal use of a company car
Car allowance
Reimbursement of Nontaxable Expenses (as defned by the IRS) Excluded Excluded Excluded
Gun, tools, equipment, uniform
Phone
Fitness
Mileage reimbursement
Travel through an accountable plan (i.e. tracking mileage for reimbursement)
Types of Deferrals
Elective Deferrals of Employee Premiums/Contributions All Elective Excluded All Elective Deferrals
457 employee and employer contributions Deferrals included included
125 cafeteria plan, FSAs and HSAs
IRA contributions
Types of Benefts
Nontaxable Fringe Benefts of Employees All Nontaxable Excluded All Nontaxable
Health plan, dental, vision benefts Fringe Benefts Fringe Benefts
Workers compensation premiums included included
Short- or Long-term disability premiums
Group term or whole life insurance < $50,000
Mandatory Contributions All Mandatory Excluded All Mandatory
Contributions Contributions
included included
Taxable Fringe Benefts Excluded Excluded All Taxable Fringe
Clothing reimbursement Benefts included
Stipends for health insurance opt out payments
Group term life insurance > $50,000
Other Benefts / Lump Sum Payments Excluded Excluded All Other Lump Sum
Workers compensation settlement payments Benefts included
MD-070a (version 2020-09-28) Page 4 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601110192
SKIP THIS TABLE if you selected one of the standard defnitions of compensation on page 4.
X CUSTOM: If you choose this option, you must select boxes in each section you would like to include in your Defnition of
Compensation. You will be responsible for additional reporting details to track custom defnitions.
Types of Compensation
Regular Wages
X Salary or hourly wage X hours On-call pay
X PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassifed) Other: ______________________________________________________
Other Wages apply: YES X NO
Shift differentials Severance issued over time (weekly/bi-weekly)
Overtime Residency Bonus
X Other: ______________________________________________________
Lump Sum Payments apply: YES X NO
PTO cash-out Educational degrees
Longevity X Moving expenses
Bonuses Sick payouts
Merit pay Severance (if issued as lump sum)
Job certifcations Other: ______________________________________________________
Taxable Payments apply: YES NO X
Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement)
Prizes, gift cards Car allowance
Personal use of a company car Other: ______________________________________________________
Reimbursement of Nontaxable Expenses (as defned by the IRS) apply: YES NO X
Gun, tools, equipment, uniform Mileage reimbursement
Phone Travel through an accountable plan (i.e. tracking mileage for reimbursement)
Fitness Other: ______________________________________________________
Types of Deferrals
Elective Deferrals of Employee Premiums/Contributions apply: YES X NO
X 457 employee and employer contributions IRA contributions
X 125 cafeteria plan, FSAs and HSAs Other: ______________________________________________________
Types of Benefts
Nontaxable Fringe Benefts of Employees apply: YES NO X
Health plan, dental, vision benefts
Workers compensation premiums Group term or whole life insurance < $50,000
Short- or Long-term disability premiums Other: ______________________________________________________
Mandatory Contributions apply: YES X NO
Taxable Fringe Benefts apply: YES X NO
X Clothing reimbursement X Group term life insurance > $50,000
Stipends for health insurance opt out payments Other: ______________________________________________________
Other Benefts / Lump Sum Payments apply: YES NO X
Workers compensation settlement payments Other: ______________________________________________________
MD-070a (version 2020-09-28) Page 5 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601110192
3. Forfeiture
A forfeiture occurs when a participant separates from employment prior to meeting the associated elapsed
time (or hours reported) to receive vesting. The percentage of his/her employer contribution account
balance that has not vested as of the date of termination will forfeit after 12 consecutive months following
the termination date reported by the employer, or earlier, if the System distributes the participant’s vested
portion. MERS will utilize an available forfeiture balance as an automatic funding source applied to
reported employer contributions at the time of reporting.
V. Execution:
Authorized Designee of Governing Body of Municipality or Chief Judge of Court
This foregoing Addendum is hereby approved by City of Muskegon
12/08/2020
at a Board Meeting which took place on: __________________
(mm/dd/yyyy)
Authorized Signature: ______________________________________________________________________
Printed Name: _____________________________________________________________________________
Title: ______________________________________________________________________________________
Date: __________________
MD-070a (version 2020-09-28) Page 6 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan
Adoption Agreement Addendum
1134 Municipal Way Lansing, MI 48917 | 800.767.MERS (6377) | Fax 517.703.9711 www.mersofmich.com
The employer, a participating municipality or court within the state of Michigan, hereby agrees to
adopt and administer the MERS Defned Contribution (DC) Plan provided by the Municipal Employees’
Retirement System of Michigan, as authorized by 1996 PA 220, in accordance with MERS Plan Document,
as both may be amended, subject to the terms and conditions herein.
I. Effective Date
The effective date shall be the frst day of January, 2021.
Muskegon, City of
II. Employer name ____________________________________________________________________________
611601
Municipality number _____________
This is an amendment of the existing MERS Defned Contribution Agreement.
Any changes to plan provisions apply to employees in the division on the effective date, as well as to
new hires ongoing. Defnitions will apply for all service accrued after the effective date.
611601110441
Division number _____________
City Manager
Division name _____________________________________________________________
Note: This division should refect how you currently defne employees who are eligible to participate,
for example, All full-time Employees, New hires after 1/1/2019, etc.
III. Plan Eligibility
Only those employees eligible for MERS membership may participate in the MERS Defned
Contribution Plan. If an employee classifcation is included in the plan, then employees that meet this
defnition are required to participate in the plan and earn time toward vesting. All eligible employees
must be reported to MERS.
Using your Division Name above, expand on the employee classifcations that are eligible to
participate in MERS, such as “Clerical staff working more than 160 hours in a month,” “Elected
Offcials” or “Admin working >32 hours per week,” etc.:
City Managers hired after 1/1/2006
___________________________________________________________________________________________
Employee classifcation contains public safety employees: Yes X No
Public safety employees include: law enforcement, parole and probation offcers, employees
responsible for emergency response (911 dispatch, fre service, paramedics, etc.), public works,
and other skilled support personnel (equipment operators, etc.).
MD-070a (version 2020-09-28) Page 1 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601110441
If you elect to include a special classifcation (chart below), then the employee will be required to
participate in the employer and employee contributions adopted in your plan. An excluded classifcation
will require additional information below.
To further defne eligibility (select all that apply):
Not
Employee Classifcation Included Excluded
Employed
Temporary Employees: Those who will work for the municipality fewer than _____
12
X
months in total.
Part-Time Employees: Those who regularly work fewer than 1664
_______ per _______.
year X
Seasonal Employees: Those who will work for the municipality
X
from __________ to __________ only.
Voter-Elected Offcials X
Appointed Offcials: An offcial appointed to a voter-elected offce. X
Contract Employees X
Probationary Periods (select one):
Contributions will begin after the probationary period has been satisfed. Probationary periods
are allowed in one-month increments, no longer than 12 months. During this probationary period,
contributions will not be reported and service toward vesting will begin when probationary period has
ended.
The probationary period will be ______ month(s).
Comments:
X Contributions will begin with the employee’s date of hire (no Probationary Period). Effective with the
date of hire, wages paid and any associated contributions must be submitted to MERS.
MD-070a (version 2020-09-28) Page 2 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601110441
IV. Provisions
1. Leaves of Absence
Regardless of whether an employee is earning a wage while on the following types of leave:
• Third-party wages are not used in determining contributions for periods of leave.
• Vesting under elapsed time continues to accrue even if wages are not earned and contributions
are zero.
Note: Employers who determine vesting based on an “hours-reported” method, should report
actual worked hours for the month where there was a leave.
Types of leave include:
• Short Term and Long Term Disability
• Workers Compensation
• Unpaid Family Medical Leave Act (FMLA)
Leaves of absence due to military service are governed by the federal Uniformed Services Employment and
Reemployment Rights Act of 1994 (USERRA), IRC 414(u), effective January 1, 2007, IRC 401(a)(37).
MD-070a (version 2020-09-28) Page 3 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601110441
2. Defnition of Compensation
The Defnition of Compensation is used to determine participant and employer contributions. Wages are
strongly recommended to be reported with regular wage/contribution reports to MERS. Contributions
cannot exceed IRS limitations.
Select your Defnition of Compensation here. If you
choose to customize your defnition, skip this table
and proceed to page 5.
Base Wages Box 1 Wages Gross Wages
Types of Compensation
Regular Wages All Regular Wages All Regular Wages All Regular Wages
Salary or hourly wage X hours included included included
PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassifed)
On-call pay
Other Wages Excluded All Other Wages All Other Wages
Shift differentials included included
Overtime
Severance issued over time (weekly/bi-weekly)
Lump Sum Payments Excluded All Lump Sum All Lump Sum
PTO cash-out Payments included Payments included
Longevity
Bonuses
Merit pay
Job certifcations
Educational degrees
Moving expenses
Sick payouts
Severance (if issued as lump sum)
Taxable Payments Excluded All Taxable All Taxable
Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Payments included Payments included
Prizes, gift cards
Personal use of a company car
Car allowance
Reimbursement of Nontaxable Expenses (as defned by the IRS) Excluded Excluded Excluded
Gun, tools, equipment, uniform
Phone
Fitness
Mileage reimbursement
Travel through an accountable plan (i.e. tracking mileage for reimbursement)
Types of Deferrals
Elective Deferrals of Employee Premiums/Contributions All Elective Excluded All Elective Deferrals
457 employee and employer contributions Deferrals included included
125 cafeteria plan, FSAs and HSAs
IRA contributions
Types of Benefts
Nontaxable Fringe Benefts of Employees All Nontaxable Excluded All Nontaxable
Health plan, dental, vision benefts Fringe Benefts Fringe Benefts
Workers compensation premiums included included
Short- or Long-term disability premiums
Group term or whole life insurance < $50,000
Mandatory Contributions All Mandatory Excluded All Mandatory
Contributions Contributions
included included
Taxable Fringe Benefts Excluded Excluded All Taxable Fringe
Clothing reimbursement Benefts included
Stipends for health insurance opt out payments
Group term life insurance > $50,000
Other Benefts / Lump Sum Payments Excluded Excluded All Other Lump Sum
Workers compensation settlement payments Benefts included
MD-070a (version 2020-09-28) Page 4 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601110441
SKIP THIS TABLE if you selected one of the standard defnitions of compensation on page 4.
X CUSTOM: If you choose this option, you must select boxes in each section you would like to include in your Defnition of
Compensation. You will be responsible for additional reporting details to track custom defnitions.
Types of Compensation
Regular Wages
X Salary or hourly wage X hours On-call pay
X PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassifed) Other: ______________________________________________________
Other Wages apply: YES X NO
Shift differentials Severance issued over time (weekly/bi-weekly)
Overtime Residency Bonus
X Other: ______________________________________________________
Lump Sum Payments apply: YES X NO
PTO cash-out Educational degrees
Longevity X Moving expenses
Bonuses Sick payouts
Merit pay Severance (if issued as lump sum)
Job certifcations Other: ______________________________________________________
Taxable Payments apply: YES NO X
Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement)
Prizes, gift cards Car allowance
Personal use of a company car Other: ______________________________________________________
Reimbursement of Nontaxable Expenses (as defned by the IRS) apply: YES NO X
Gun, tools, equipment, uniform Mileage reimbursement
Phone Travel through an accountable plan (i.e. tracking mileage for reimbursement)
Fitness Other: ______________________________________________________
Types of Deferrals
Elective Deferrals of Employee Premiums/Contributions apply: YES X NO
457 employee and employer contributions IRA contributions
125 cafeteria plan, FSAs and HSAs Other: ______________________________________________________
Types of Benefts
Nontaxable Fringe Benefts of Employees apply: YES NO X
Health plan, dental, vision benefts
Workers compensation premiums Group term or whole life insurance < $50,000
Short- or Long-term disability premiums Other: ______________________________________________________
Mandatory Contributions apply: YES X NO
Taxable Fringe Benefts apply: YES X NO
X Clothing reimbursement X Group term life insurance > $50,000
Stipends for health insurance opt out payments Other: ______________________________________________________
Other Benefts / Lump Sum Payments apply: YES NO X
Workers compensation settlement payments Other: ______________________________________________________
MD-070a (version 2020-09-28) Page 5 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601110441
3. Forfeiture
A forfeiture occurs when a participant separates from employment prior to meeting the associated elapsed
time (or hours reported) to receive vesting. The percentage of his/her employer contribution account
balance that has not vested as of the date of termination will forfeit after 12 consecutive months following
the termination date reported by the employer, or earlier, if the System distributes the participant’s vested
portion. MERS will utilize an available forfeiture balance as an automatic funding source applied to
reported employer contributions at the time of reporting.
V. Execution:
Authorized Designee of Governing Body of Municipality or Chief Judge of Court
This foregoing Addendum is hereby approved by City of Muskegon
at a Board Meeting which took place on: __________________
12/08/2020
(mm/dd/yyyy)
Authorized Signature: ______________________________________________________________________
Printed Name: _____________________________________________________________________________
Title: ______________________________________________________________________________________
Date: __________________
MD-070a (version 2020-09-28) Page 6 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan
Adoption Agreement Addendum
1134 Municipal Way Lansing, MI 48917 | 800.767.MERS (6377) | Fax 517.703.9711 www.mersofmich.com
The employer, a participating municipality or court within the state of Michigan, hereby agrees to
adopt and administer the MERS Defned Contribution (DC) Plan provided by the Municipal Employees’
Retirement System of Michigan, as authorized by 1996 PA 220, in accordance with MERS Plan Document,
as both may be amended, subject to the terms and conditions herein.
I. Effective Date
The effective date shall be the frst day of January, 2021.
II. Employer name ____________________________________________________________________________
Muskegon, City of
Municipality number _____________
611601
This is an amendment of the existing MERS Defned Contribution Agreement.
Any changes to plan provisions apply to employees in the division on the effective date, as well as to
new hires ongoing. Defnitions will apply for all service accrued after the effective date.
611601106125
Division number _____________
Division name _____________________________________________________________
106125
Note: This division should refect how you currently defne employees who are eligible to participate,
for example, All full-time Employees, New hires after 1/1/2019, etc.
III. Plan Eligibility
Only those employees eligible for MERS membership may participate in the MERS Defned
Contribution Plan. If an employee classifcation is included in the plan, then employees that meet this
defnition are required to participate in the plan and earn time toward vesting. All eligible employees
must be reported to MERS.
Using your Division Name above, expand on the employee classifcations that are eligible to
participate in MERS, such as “Clerical staff working more than 160 hours in a month,” “Elected
Offcials” or “Admin working >32 hours per week,” etc.:
Firefighters and Fire Command Officers hired after 1/1/2005 working more than 4410 hours per
year
___________________________________________________________________________________________
Employee classifcation contains public safety employees: X Yes No
Public safety employees include: law enforcement, parole and probation offcers, employees
responsible for emergency response (911 dispatch, fre service, paramedics, etc.), public works,
and other skilled support personnel (equipment operators, etc.).
MD-070a (version 2020-09-28) Page 1 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601106125
If you elect to include a special classifcation (chart below), then the employee will be required to
participate in the employer and employee contributions adopted in your plan. An excluded classifcation
will require additional information below.
To further defne eligibility (select all that apply):
Not
Employee Classifcation Included Excluded
Employed
Temporary Employees: Those who will work for the municipality fewer than _____
12
X
months in total.
Part-Time Employees: Those who regularly work fewer than 4410
_______ per _______.
year X
Seasonal Employees: Those who will work for the municipality
X
from __________ to __________ only.
Voter-Elected Offcials X
Appointed Offcials: An offcial appointed to a voter-elected offce. X
Contract Employees X
Probationary Periods (select one):
Contributions will begin after the probationary period has been satisfed. Probationary periods
are allowed in one-month increments, no longer than 12 months. During this probationary period,
contributions will not be reported and service toward vesting will begin when probationary period has
ended.
The probationary period will be ______ month(s).
Comments:
X Contributions will begin with the employee’s date of hire (no Probationary Period). Effective with the
date of hire, wages paid and any associated contributions must be submitted to MERS.
MD-070a (version 2020-09-28) Page 2 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601106125
IV. Provisions
1. Leaves of Absence
Regardless of whether an employee is earning a wage while on the following types of leave:
• Third-party wages are not used in determining contributions for periods of leave.
• Vesting under elapsed time continues to accrue even if wages are not earned and contributions
are zero.
Note: Employers who determine vesting based on an “hours-reported” method, should report
actual worked hours for the month where there was a leave.
Types of leave include:
• Short Term and Long Term Disability
• Workers Compensation
• Unpaid Family Medical Leave Act (FMLA)
Leaves of absence due to military service are governed by the federal Uniformed Services Employment and
Reemployment Rights Act of 1994 (USERRA), IRC 414(u), effective January 1, 2007, IRC 401(a)(37).
MD-070a (version 2020-09-28) Page 3 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601106125
2. Defnition of Compensation
The Defnition of Compensation is used to determine participant and employer contributions. Wages are
strongly recommended to be reported with regular wage/contribution reports to MERS. Contributions
cannot exceed IRS limitations.
Select your Defnition of Compensation here. If you
choose to customize your defnition, skip this table
and proceed to page 5.
Base Wages Box 1 Wages Gross Wages
Types of Compensation
Regular Wages All Regular Wages All Regular Wages All Regular Wages
Salary or hourly wage X hours included included included
PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassifed)
On-call pay
Other Wages Excluded All Other Wages All Other Wages
Shift differentials included included
Overtime
Severance issued over time (weekly/bi-weekly)
Lump Sum Payments Excluded All Lump Sum All Lump Sum
PTO cash-out Payments included Payments included
Longevity
Bonuses
Merit pay
Job certifcations
Educational degrees
Moving expenses
Sick payouts
Severance (if issued as lump sum)
Taxable Payments Excluded All Taxable All Taxable
Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Payments included Payments included
Prizes, gift cards
Personal use of a company car
Car allowance
Reimbursement of Nontaxable Expenses (as defned by the IRS) Excluded Excluded Excluded
Gun, tools, equipment, uniform
Phone
Fitness
Mileage reimbursement
Travel through an accountable plan (i.e. tracking mileage for reimbursement)
Types of Deferrals
Elective Deferrals of Employee Premiums/Contributions All Elective Excluded All Elective Deferrals
457 employee and employer contributions Deferrals included included
125 cafeteria plan, FSAs and HSAs
IRA contributions
Types of Benefts
Nontaxable Fringe Benefts of Employees All Nontaxable Excluded All Nontaxable
Health plan, dental, vision benefts Fringe Benefts Fringe Benefts
Workers compensation premiums included included
Short- or Long-term disability premiums
Group term or whole life insurance < $50,000
Mandatory Contributions All Mandatory Excluded All Mandatory
Contributions Contributions
included included
Taxable Fringe Benefts Excluded Excluded All Taxable Fringe
Clothing reimbursement Benefts included
Stipends for health insurance opt out payments
Group term life insurance > $50,000
Other Benefts / Lump Sum Payments Excluded Excluded All Other Lump Sum
Workers compensation settlement payments Benefts included
MD-070a (version 2020-09-28) Page 4 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601106125
SKIP THIS TABLE if you selected one of the standard defnitions of compensation on page 4.
X CUSTOM: If you choose this option, you must select boxes in each section you would like to include in your Defnition of
Compensation. You will be responsible for additional reporting details to track custom defnitions.
Types of Compensation
Regular Wages
X Salary or hourly wage X hours On-call pay
X PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassifed) Other: ______________________________________________________
Other Wages apply: YES X NO
Shift differentials Severance issued over time (weekly/bi-weekly)
Overtime X Residency Bonus
Other: ______________________________________________________
Lump Sum Payments apply: YES X NO
PTO cash-out Educational degrees
Longevity X Moving expenses
Bonuses Sick payouts
Merit pay Severance (if issued as lump sum)
Job certifcations Other: ______________________________________________________
Taxable Payments apply: YES NO X
Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement)
Prizes, gift cards Car allowance
Personal use of a company car Other: ______________________________________________________
Reimbursement of Nontaxable Expenses (as defned by the IRS) apply: YES NO X
Gun, tools, equipment, uniform Mileage reimbursement
Phone Travel through an accountable plan (i.e. tracking mileage for reimbursement)
Fitness Other: ______________________________________________________
Types of Deferrals
Elective Deferrals of Employee Premiums/Contributions apply: YES X NO
X 457 employee and employer contributions IRA contributions
X 125 cafeteria plan, FSAs and HSAs Other: ______________________________________________________
Types of Benefts
Nontaxable Fringe Benefts of Employees apply: YES NO X
Health plan, dental, vision benefts
Workers compensation premiums Group term or whole life insurance < $50,000
Short- or Long-term disability premiums Other: ______________________________________________________
Mandatory Contributions apply: YES X NO
Taxable Fringe Benefts apply: YES X NO
X Clothing reimbursement X Group term life insurance > $50,000
Stipends for health insurance opt out payments Other: ______________________________________________________
Other Benefts / Lump Sum Payments apply: YES NO X
Workers compensation settlement payments Other: ______________________________________________________
MD-070a (version 2020-09-28) Page 5 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601106125
3. Forfeiture
A forfeiture occurs when a participant separates from employment prior to meeting the associated elapsed
time (or hours reported) to receive vesting. The percentage of his/her employer contribution account
balance that has not vested as of the date of termination will forfeit after 12 consecutive months following
the termination date reported by the employer, or earlier, if the System distributes the participant’s vested
portion. MERS will utilize an available forfeiture balance as an automatic funding source applied to
reported employer contributions at the time of reporting.
V. Execution:
Authorized Designee of Governing Body of Municipality or Chief Judge of Court
This foregoing Addendum is hereby approved by City of Muskegon
at a Board Meeting which took place on: __________________
12/08/2020
(mm/dd/yyyy)
Authorized Signature: ______________________________________________________________________
Printed Name: _____________________________________________________________________________
Title: ______________________________________________________________________________________
Date: __________________
MD-070a (version 2020-09-28) Page 6 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan
Adoption Agreement Addendum
1134 Municipal Way Lansing, MI 48917 | 800.767.MERS (6377) | Fax 517.703.9711 www.mersofmich.com
The employer, a participating municipality or court within the state of Michigan, hereby agrees to
adopt and administer the MERS Defned Contribution (DC) Plan provided by the Municipal Employees’
Retirement System of Michigan, as authorized by 1996 PA 220, in accordance with MERS Plan Document,
as both may be amended, subject to the terms and conditions herein.
I. Effective Date
The effective date shall be the frst day of January, 2021.
II. Employer name ____________________________________________________________________________
Muskegon, City of
Municipality number _____________
611601
This is an amendment of the existing MERS Defned Contribution Agreement.
Any changes to plan provisions apply to employees in the division on the effective date, as well as to
new hires ongoing. Defnitions will apply for all service accrued after the effective date.
Division number _____________
611601106126
Division name _____________________________________________________________
106126
Note: This division should refect how you currently defne employees who are eligible to participate,
for example, All full-time Employees, New hires after 1/1/2019, etc.
III. Plan Eligibility
Only those employees eligible for MERS membership may participate in the MERS Defned
Contribution Plan. If an employee classifcation is included in the plan, then employees that meet this
defnition are required to participate in the plan and earn time toward vesting. All eligible employees
must be reported to MERS.
Using your Division Name above, expand on the employee classifcations that are eligible to
participate in MERS, such as “Clerical staff working more than 160 hours in a month,” “Elected
Offcials” or “Admin working >32 hours per week,” etc.:
Surervisors, Department Heads, Administrative Assistants, Information Technology employees
and any employee not covered until a Union contract hired after 1/1/2006 working more than
___________________________________________________________________________________________
1664 hours per year.
Employee classifcation contains public safety employees: Yes X No
Public safety employees include: law enforcement, parole and probation offcers, employees
responsible for emergency response (911 dispatch, fre service, paramedics, etc.), public works,
and other skilled support personnel (equipment operators, etc.).
MD-070a (version 2020-09-28) Page 1 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601106126
If you elect to include a special classifcation (chart below), then the employee will be required to
participate in the employer and employee contributions adopted in your plan. An excluded classifcation
will require additional information below.
To further defne eligibility (select all that apply):
Not
Employee Classifcation Included Excluded
Employed
Temporary Employees: Those who will work for the municipality fewer than _____
12
X
months in total.
Part-Time Employees: Those who regularly work fewer than 1664
_______ per _______.
year X
Seasonal Employees: Those who will work for the municipality
X
from __________
April to __________
October only.
Voter-Elected Offcials X
Appointed Offcials: An offcial appointed to a voter-elected offce. X
Contract Employees X
Probationary Periods (select one):
Contributions will begin after the probationary period has been satisfed. Probationary periods
are allowed in one-month increments, no longer than 12 months. During this probationary period,
contributions will not be reported and service toward vesting will begin when probationary period has
ended.
The probationary period will be ______ month(s).
Comments:
X Contributions will begin with the employee’s date of hire (no Probationary Period). Effective with the
date of hire, wages paid and any associated contributions must be submitted to MERS.
MD-070a (version 2020-09-28) Page 2 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601106126
IV. Provisions
1. Leaves of Absence
Regardless of whether an employee is earning a wage while on the following types of leave:
• Third-party wages are not used in determining contributions for periods of leave.
• Vesting under elapsed time continues to accrue even if wages are not earned and contributions
are zero.
Note: Employers who determine vesting based on an “hours-reported” method, should report
actual worked hours for the month where there was a leave.
Types of leave include:
• Short Term and Long Term Disability
• Workers Compensation
• Unpaid Family Medical Leave Act (FMLA)
Leaves of absence due to military service are governed by the federal Uniformed Services Employment and
Reemployment Rights Act of 1994 (USERRA), IRC 414(u), effective January 1, 2007, IRC 401(a)(37).
MD-070a (version 2020-09-28) Page 3 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601106126
2. Defnition of Compensation
The Defnition of Compensation is used to determine participant and employer contributions. Wages are
strongly recommended to be reported with regular wage/contribution reports to MERS. Contributions
cannot exceed IRS limitations.
Select your Defnition of Compensation here. If you
choose to customize your defnition, skip this table
and proceed to page 5.
Base Wages Box 1 Wages Gross Wages
Types of Compensation
Regular Wages All Regular Wages All Regular Wages All Regular Wages
Salary or hourly wage X hours included included included
PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassifed)
On-call pay
Other Wages Excluded All Other Wages All Other Wages
Shift differentials included included
Overtime
Severance issued over time (weekly/bi-weekly)
Lump Sum Payments Excluded All Lump Sum All Lump Sum
PTO cash-out Payments included Payments included
Longevity
Bonuses
Merit pay
Job certifcations
Educational degrees
Moving expenses
Sick payouts
Severance (if issued as lump sum)
Taxable Payments Excluded All Taxable All Taxable
Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Payments included Payments included
Prizes, gift cards
Personal use of a company car
Car allowance
Reimbursement of Nontaxable Expenses (as defned by the IRS) Excluded Excluded Excluded
Gun, tools, equipment, uniform
Phone
Fitness
Mileage reimbursement
Travel through an accountable plan (i.e. tracking mileage for reimbursement)
Types of Deferrals
Elective Deferrals of Employee Premiums/Contributions All Elective Excluded All Elective Deferrals
457 employee and employer contributions Deferrals included included
125 cafeteria plan, FSAs and HSAs
IRA contributions
Types of Benefts
Nontaxable Fringe Benefts of Employees All Nontaxable Excluded All Nontaxable
Health plan, dental, vision benefts Fringe Benefts Fringe Benefts
Workers compensation premiums included included
Short- or Long-term disability premiums
Group term or whole life insurance < $50,000
Mandatory Contributions All Mandatory Excluded All Mandatory
Contributions Contributions
included included
Taxable Fringe Benefts Excluded Excluded All Taxable Fringe
Clothing reimbursement Benefts included
Stipends for health insurance opt out payments
Group term life insurance > $50,000
Other Benefts / Lump Sum Payments Excluded Excluded All Other Lump Sum
Workers compensation settlement payments Benefts included
MD-070a (version 2020-09-28) Page 4 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601106126
SKIP THIS TABLE if you selected one of the standard defnitions of compensation on page 4.
X CUSTOM: If you choose this option, you must select boxes in each section you would like to include in your Defnition of
Compensation. You will be responsible for additional reporting details to track custom defnitions.
Types of Compensation
Regular Wages
X Salary or hourly wage X hours On-call pay
X PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassifed) Other: ______________________________________________________
Other Wages apply: YES X NO
Shift differentials Severance issued over time (weekly/bi-weekly)
X Overtime X Residency Bonus
Other: ______________________________________________________
Lump Sum Payments apply: YES X NO
PTO cash-out Educational degrees
Longevity X Moving expenses
Bonuses Sick payouts
Merit pay Severance (if issued as lump sum)
Job certifcations Other: ______________________________________________________
Taxable Payments apply: YES NO X
Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement)
Prizes, gift cards Car allowance
Personal use of a company car Other: ______________________________________________________
Reimbursement of Nontaxable Expenses (as defned by the IRS) apply: YES NO X
Gun, tools, equipment, uniform Mileage reimbursement
Phone Travel through an accountable plan (i.e. tracking mileage for reimbursement)
Fitness Other: ______________________________________________________
Types of Deferrals
Elective Deferrals of Employee Premiums/Contributions apply: YES X NO
X 457 employee and employer contributions IRA contributions
X 125 cafeteria plan, FSAs and HSAs Other: ______________________________________________________
Types of Benefts
Nontaxable Fringe Benefts of Employees apply: YES NO X
Health plan, dental, vision benefts
Workers compensation premiums Group term or whole life insurance < $50,000
Short- or Long-term disability premiums Other: ______________________________________________________
Mandatory Contributions apply: YES X NO
Taxable Fringe Benefts apply: YES X NO
X Clothing reimbursement X Group term life insurance > $50,000
Stipends for health insurance opt out payments Other: ______________________________________________________
Other Benefts / Lump Sum Payments apply: YES NO X
Workers compensation settlement payments Other: ______________________________________________________
MD-070a (version 2020-09-28) Page 5 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601106126
3. Forfeiture
A forfeiture occurs when a participant separates from employment prior to meeting the associated elapsed
time (or hours reported) to receive vesting. The percentage of his/her employer contribution account
balance that has not vested as of the date of termination will forfeit after 12 consecutive months following
the termination date reported by the employer, or earlier, if the System distributes the participant’s vested
portion. MERS will utilize an available forfeiture balance as an automatic funding source applied to
reported employer contributions at the time of reporting.
V. Execution:
Authorized Designee of Governing Body of Municipality or Chief Judge of Court
This foregoing Addendum is hereby approved by City of Muskegon
at a Board Meeting which took place on: __________________
12/08/2020
(mm/dd/yyyy)
Authorized Signature: ______________________________________________________________________
Printed Name: _____________________________________________________________________________
Title: ______________________________________________________________________________________
Date: __________________
MD-070a (version 2020-09-28) Page 6 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan
Adoption Agreement Addendum
1134 Municipal Way Lansing, MI 48917 | 800.767.MERS (6377) | Fax 517.703.9711 www.mersofmich.com
The employer, a participating municipality or court within the state of Michigan, hereby agrees to
adopt and administer the MERS Defned Contribution (DC) Plan provided by the Municipal Employees’
Retirement System of Michigan, as authorized by 1996 PA 220, in accordance with MERS Plan Document,
as both may be amended, subject to the terms and conditions herein.
I. Effective Date
The effective date shall be the frst day of January, 2021.
II. Employer name ____________________________________________________________________________
Muskegon, City of
Municipality number _____________
611601
This is an amendment of the existing MERS Defned Contribution Agreement.
Any changes to plan provisions apply to employees in the division on the effective date, as well as to
new hires ongoing. Defnitions will apply for all service accrued after the effective date.
Division number _____________
611601106185
Division name _____________________________________________________________
106185
Note: This division should refect how you currently defne employees who are eligible to participate,
for example, All full-time Employees, New hires after 1/1/2019, etc.
III. Plan Eligibility
Only those employees eligible for MERS membership may participate in the MERS Defned
Contribution Plan. If an employee classifcation is included in the plan, then employees that meet this
defnition are required to participate in the plan and earn time toward vesting. All eligible employees
must be reported to MERS.
Using your Division Name above, expand on the employee classifcations that are eligible to
participate in MERS, such as “Clerical staff working more than 160 hours in a month,” “Elected
Offcials” or “Admin working >32 hours per week,” etc.:
Clerical Staff hired after 1/1/2006 working more than 1664 hours per year.
___________________________________________________________________________________________
Employee classifcation contains public safety employees: Yes X No
Public safety employees include: law enforcement, parole and probation offcers, employees
responsible for emergency response (911 dispatch, fre service, paramedics, etc.), public works,
and other skilled support personnel (equipment operators, etc.).
MD-070a (version 2020-09-28) Page 1 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601106185
If you elect to include a special classifcation (chart below), then the employee will be required to
participate in the employer and employee contributions adopted in your plan. An excluded classifcation
will require additional information below.
To further defne eligibility (select all that apply):
Not
Employee Classifcation Included Excluded
Employed
Temporary Employees: Those who will work for the municipality fewer than _____
12
X
months in total.
Part-Time Employees: Those who regularly work fewer than 1664
_______ per _______.
year X
Seasonal Employees: Those who will work for the municipality
X
from __________
April to __________
October only.
Voter-Elected Offcials X
Appointed Offcials: An offcial appointed to a voter-elected offce. X
Contract Employees X
Probationary Periods (select one):
Contributions will begin after the probationary period has been satisfed. Probationary periods
are allowed in one-month increments, no longer than 12 months. During this probationary period,
contributions will not be reported and service toward vesting will begin when probationary period has
ended.
The probationary period will be ______ month(s).
Comments:
X Contributions will begin with the employee’s date of hire (no Probationary Period). Effective with the
date of hire, wages paid and any associated contributions must be submitted to MERS.
MD-070a (version 2020-09-28) Page 2 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601106185
IV. Provisions
1. Leaves of Absence
Regardless of whether an employee is earning a wage while on the following types of leave:
• Third-party wages are not used in determining contributions for periods of leave.
• Vesting under elapsed time continues to accrue even if wages are not earned and contributions
are zero.
Note: Employers who determine vesting based on an “hours-reported” method, should report
actual worked hours for the month where there was a leave.
Types of leave include:
• Short Term and Long Term Disability
• Workers Compensation
• Unpaid Family Medical Leave Act (FMLA)
Leaves of absence due to military service are governed by the federal Uniformed Services Employment and
Reemployment Rights Act of 1994 (USERRA), IRC 414(u), effective January 1, 2007, IRC 401(a)(37).
MD-070a (version 2020-09-28) Page 3 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601106185
2. Defnition of Compensation
The Defnition of Compensation is used to determine participant and employer contributions. Wages are
strongly recommended to be reported with regular wage/contribution reports to MERS. Contributions
cannot exceed IRS limitations.
Select your Defnition of Compensation here. If you
choose to customize your defnition, skip this table
and proceed to page 5.
Base Wages Box 1 Wages Gross Wages
Types of Compensation
Regular Wages All Regular Wages All Regular Wages All Regular Wages
Salary or hourly wage X hours included included included
PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassifed)
On-call pay
Other Wages Excluded All Other Wages All Other Wages
Shift differentials included included
Overtime
Severance issued over time (weekly/bi-weekly)
Lump Sum Payments Excluded All Lump Sum All Lump Sum
PTO cash-out Payments included Payments included
Longevity
Bonuses
Merit pay
Job certifcations
Educational degrees
Moving expenses
Sick payouts
Severance (if issued as lump sum)
Taxable Payments Excluded All Taxable All Taxable
Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Payments included Payments included
Prizes, gift cards
Personal use of a company car
Car allowance
Reimbursement of Nontaxable Expenses (as defned by the IRS) Excluded Excluded Excluded
Gun, tools, equipment, uniform
Phone
Fitness
Mileage reimbursement
Travel through an accountable plan (i.e. tracking mileage for reimbursement)
Types of Deferrals
Elective Deferrals of Employee Premiums/Contributions All Elective Excluded All Elective Deferrals
457 employee and employer contributions Deferrals included included
125 cafeteria plan, FSAs and HSAs
IRA contributions
Types of Benefts
Nontaxable Fringe Benefts of Employees All Nontaxable Excluded All Nontaxable
Health plan, dental, vision benefts Fringe Benefts Fringe Benefts
Workers compensation premiums included included
Short- or Long-term disability premiums
Group term or whole life insurance < $50,000
Mandatory Contributions All Mandatory Excluded All Mandatory
Contributions Contributions
included included
Taxable Fringe Benefts Excluded Excluded All Taxable Fringe
Clothing reimbursement Benefts included
Stipends for health insurance opt out payments
Group term life insurance > $50,000
Other Benefts / Lump Sum Payments Excluded Excluded All Other Lump Sum
Workers compensation settlement payments Benefts included
MD-070a (version 2020-09-28) Page 4 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601106185
SKIP THIS TABLE if you selected one of the standard defnitions of compensation on page 4.
X CUSTOM: If you choose this option, you must select boxes in each section you would like to include in your Defnition of
Compensation. You will be responsible for additional reporting details to track custom defnitions.
Types of Compensation
Regular Wages
X Salary or hourly wage X hours On-call pay
X PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassifed) Other: ______________________________________________________
Other Wages apply: YES X NO
Shift differentials Severance issued over time (weekly/bi-weekly)
X Overtime X Residency Bonus
Other: ______________________________________________________
Lump Sum Payments apply: YES X NO
PTO cash-out Educational degrees
Longevity X Moving expenses
Bonuses Sick payouts
Merit pay Severance (if issued as lump sum)
Job certifcations Other: ______________________________________________________
Taxable Payments apply: YES NO X
Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement)
Prizes, gift cards Car allowance
Personal use of a company car Other: ______________________________________________________
Reimbursement of Nontaxable Expenses (as defned by the IRS) apply: YES NO X
Gun, tools, equipment, uniform Mileage reimbursement
Phone Travel through an accountable plan (i.e. tracking mileage for reimbursement)
Fitness Other: ______________________________________________________
Types of Deferrals
Elective Deferrals of Employee Premiums/Contributions apply: YES X NO
X 457 employee and employer contributions IRA contributions
X 125 cafeteria plan, FSAs and HSAs Other: ______________________________________________________
Types of Benefts
Nontaxable Fringe Benefts of Employees apply: YES NO X
Health plan, dental, vision benefts
Workers compensation premiums Group term or whole life insurance < $50,000
Short- or Long-term disability premiums Other: ______________________________________________________
Mandatory Contributions apply: YES X NO
Taxable Fringe Benefts apply: YES X NO
X Clothing reimbursement X Group term life insurance > $50,000
Stipends for health insurance opt out payments Other: ______________________________________________________
Other Benefts / Lump Sum Payments apply: YES NO X
Workers compensation settlement payments Other: ______________________________________________________
MD-070a (version 2020-09-28) Page 5 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601106185
3. Forfeiture
A forfeiture occurs when a participant separates from employment prior to meeting the associated elapsed
time (or hours reported) to receive vesting. The percentage of his/her employer contribution account
balance that has not vested as of the date of termination will forfeit after 12 consecutive months following
the termination date reported by the employer, or earlier, if the System distributes the participant’s vested
portion. MERS will utilize an available forfeiture balance as an automatic funding source applied to
reported employer contributions at the time of reporting.
V. Execution:
Authorized Designee of Governing Body of Municipality or Chief Judge of Court
This foregoing Addendum is hereby approved by City of Muskegon
at a Board Meeting which took place on: __________________
12/08/2020
(mm/dd/yyyy)
Authorized Signature: ______________________________________________________________________
Printed Name: _____________________________________________________________________________
Title: ______________________________________________________________________________________
Date: __________________
MD-070a (version 2020-09-28) Page 6 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan
Adoption Agreement Addendum
1134 Municipal Way Lansing, MI 48917 | 800.767.MERS (6377) | Fax 517.703.9711 www.mersofmich.com
The employer, a participating municipality or court within the state of Michigan, hereby agrees to
adopt and administer the MERS Defned Contribution (DC) Plan provided by the Municipal Employees’
Retirement System of Michigan, as authorized by 1996 PA 220, in accordance with MERS Plan Document,
as both may be amended, subject to the terms and conditions herein.
I. Effective Date
The effective date shall be the frst day of January, 2021.
II. Employer name ____________________________________________________________________________
Muskegon, City of
Municipality number _____________
611601
This is an amendment of the existing MERS Defned Contribution Agreement.
Any changes to plan provisions apply to employees in the division on the effective date, as well as to
new hires ongoing. Defnitions will apply for all service accrued after the effective date.
Division number _____________
611601106211
Division name _____________________________________________________________
106211
Note: This division should refect how you currently defne employees who are eligible to participate,
for example, All full-time Employees, New hires after 1/1/2019, etc.
III. Plan Eligibility
Only those employees eligible for MERS membership may participate in the MERS Defned
Contribution Plan. If an employee classifcation is included in the plan, then employees that meet this
defnition are required to participate in the plan and earn time toward vesting. All eligible employees
must be reported to MERS.
Using your Division Name above, expand on the employee classifcations that are eligible to
participate in MERS, such as “Clerical staff working more than 160 hours in a month,” “Elected
Offcials” or “Admin working >32 hours per week,” etc.:
Department of Public Works employees, Engineering Staff employees, Inspectors, Parking
Enforcement staff hired after 1/1/2006 working more than 1664 hours per year
___________________________________________________________________________________________
Employee classifcation contains public safety employees: Yes X No
Public safety employees include: law enforcement, parole and probation offcers, employees
responsible for emergency response (911 dispatch, fre service, paramedics, etc.), public works,
and other skilled support personnel (equipment operators, etc.).
MD-070a (version 2020-09-28) Page 1 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601106211
If you elect to include a special classifcation (chart below), then the employee will be required to
participate in the employer and employee contributions adopted in your plan. An excluded classifcation
will require additional information below.
To further defne eligibility (select all that apply):
Not
Employee Classifcation Included Excluded
Employed
Temporary Employees: Those who will work for the municipality fewer than _____
12
X
months in total.
Part-Time Employees: Those who regularly work fewer than 1664
_______ per _______.
year X
Seasonal Employees: Those who will work for the municipality
X
from __________
April to __________
October only.
Voter-Elected Offcials X
Appointed Offcials: An offcial appointed to a voter-elected offce. X
Contract Employees X
Probationary Periods (select one):
Contributions will begin after the probationary period has been satisfed. Probationary periods
are allowed in one-month increments, no longer than 12 months. During this probationary period,
contributions will not be reported and service toward vesting will begin when probationary period has
ended.
The probationary period will be ______ month(s).
Comments:
X Contributions will begin with the employee’s date of hire (no Probationary Period). Effective with the
date of hire, wages paid and any associated contributions must be submitted to MERS.
MD-070a (version 2020-09-28) Page 2 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601106211
IV. Provisions
1. Leaves of Absence
Regardless of whether an employee is earning a wage while on the following types of leave:
• Third-party wages are not used in determining contributions for periods of leave.
• Vesting under elapsed time continues to accrue even if wages are not earned and contributions
are zero.
Note: Employers who determine vesting based on an “hours-reported” method, should report
actual worked hours for the month where there was a leave.
Types of leave include:
• Short Term and Long Term Disability
• Workers Compensation
• Unpaid Family Medical Leave Act (FMLA)
Leaves of absence due to military service are governed by the federal Uniformed Services Employment and
Reemployment Rights Act of 1994 (USERRA), IRC 414(u), effective January 1, 2007, IRC 401(a)(37).
MD-070a (version 2020-09-28) Page 3 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601106211
2. Defnition of Compensation
The Defnition of Compensation is used to determine participant and employer contributions. Wages are
strongly recommended to be reported with regular wage/contribution reports to MERS. Contributions
cannot exceed IRS limitations.
Select your Defnition of Compensation here. If you
choose to customize your defnition, skip this table
and proceed to page 5.
Base Wages Box 1 Wages Gross Wages
Types of Compensation
Regular Wages All Regular Wages All Regular Wages All Regular Wages
Salary or hourly wage X hours included included included
PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassifed)
On-call pay
Other Wages Excluded All Other Wages All Other Wages
Shift differentials included included
Overtime
Severance issued over time (weekly/bi-weekly)
Lump Sum Payments Excluded All Lump Sum All Lump Sum
PTO cash-out Payments included Payments included
Longevity
Bonuses
Merit pay
Job certifcations
Educational degrees
Moving expenses
Sick payouts
Severance (if issued as lump sum)
Taxable Payments Excluded All Taxable All Taxable
Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Payments included Payments included
Prizes, gift cards
Personal use of a company car
Car allowance
Reimbursement of Nontaxable Expenses (as defned by the IRS) Excluded Excluded Excluded
Gun, tools, equipment, uniform
Phone
Fitness
Mileage reimbursement
Travel through an accountable plan (i.e. tracking mileage for reimbursement)
Types of Deferrals
Elective Deferrals of Employee Premiums/Contributions All Elective Excluded All Elective Deferrals
457 employee and employer contributions Deferrals included included
125 cafeteria plan, FSAs and HSAs
IRA contributions
Types of Benefts
Nontaxable Fringe Benefts of Employees All Nontaxable Excluded All Nontaxable
Health plan, dental, vision benefts Fringe Benefts Fringe Benefts
Workers compensation premiums included included
Short- or Long-term disability premiums
Group term or whole life insurance < $50,000
Mandatory Contributions All Mandatory Excluded All Mandatory
Contributions Contributions
included included
Taxable Fringe Benefts Excluded Excluded All Taxable Fringe
Clothing reimbursement Benefts included
Stipends for health insurance opt out payments
Group term life insurance > $50,000
Other Benefts / Lump Sum Payments Excluded Excluded All Other Lump Sum
Workers compensation settlement payments Benefts included
MD-070a (version 2020-09-28) Page 4 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601106211
SKIP THIS TABLE if you selected one of the standard defnitions of compensation on page 4.
X CUSTOM: If you choose this option, you must select boxes in each section you would like to include in your Defnition of
Compensation. You will be responsible for additional reporting details to track custom defnitions.
Types of Compensation
Regular Wages
X Salary or hourly wage X hours X On-call pay
X PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassifed) Other: ______________________________________________________
Other Wages apply: YES X NO
Shift differentials Severance issued over time (weekly/bi-weekly)
Overtime X Residency Bonus
Other: ______________________________________________________
Lump Sum Payments apply: YES X NO
PTO cash-out Educational degrees
Longevity X Moving expenses
Bonuses Sick payouts
Merit pay Severance (if issued as lump sum)
Job certifcations Other: ______________________________________________________
Taxable Payments apply: YES NO X
Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement)
Prizes, gift cards Car allowance
Personal use of a company car Other: ______________________________________________________
Reimbursement of Nontaxable Expenses (as defned by the IRS) apply: YES NO X
Gun, tools, equipment, uniform Mileage reimbursement
Phone Travel through an accountable plan (i.e. tracking mileage for reimbursement)
Fitness Other: ______________________________________________________
Types of Deferrals
Elective Deferrals of Employee Premiums/Contributions apply: YES X NO
X 457 employee and employer contributions IRA contributions
X 125 cafeteria plan, FSAs and HSAs Other: ______________________________________________________
Types of Benefts
Nontaxable Fringe Benefts of Employees apply: YES NO X
Health plan, dental, vision benefts
Workers compensation premiums Group term or whole life insurance < $50,000
Short- or Long-term disability premiums Other: ______________________________________________________
Mandatory Contributions apply: YES X NO
Taxable Fringe Benefts apply: YES X NO
X X Group term life insurance > $50,000
Clothing reimbursement
Stipends for health insurance opt out payments Other: ______________________________________________________
Other Benefts / Lump Sum Payments apply: YES NO X
Workers compensation settlement payments Other: ______________________________________________________
MD-070a (version 2020-09-28) Page 5 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601106211
3. Forfeiture
A forfeiture occurs when a participant separates from employment prior to meeting the associated elapsed
time (or hours reported) to receive vesting. The percentage of his/her employer contribution account
balance that has not vested as of the date of termination will forfeit after 12 consecutive months following
the termination date reported by the employer, or earlier, if the System distributes the participant’s vested
portion. MERS will utilize an available forfeiture balance as an automatic funding source applied to
reported employer contributions at the time of reporting.
V. Execution:
Authorized Designee of Governing Body of Municipality or Chief Judge of Court
This foregoing Addendum is hereby approved by City of Muskegon
at a Board Meeting which took place on: __________________
12/08/2020
(mm/dd/yyyy)
Authorized Signature: ______________________________________________________________________
Printed Name: _____________________________________________________________________________
Title: ______________________________________________________________________________________
Date: __________________
MD-070a (version 2020-09-28) Page 6 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan
Adoption Agreement Addendum
1134 Municipal Way Lansing, MI 48917 | 800.767.MERS (6377) | Fax 517.703.9711 www.mersofmich.com
The employer, a participating municipality or court within the state of Michigan, hereby agrees to
adopt and administer the MERS Defned Contribution (DC) Plan provided by the Municipal Employees’
Retirement System of Michigan, as authorized by 1996 PA 220, in accordance with MERS Plan Document,
as both may be amended, subject to the terms and conditions herein.
I. Effective Date
The effective date shall be the frst day of January, 2021.
II. Employer name ____________________________________________________________________________
Muskegon, City of
Municipality number _____________
611601
This is an amendment of the existing MERS Defned Contribution Agreement.
Any changes to plan provisions apply to employees in the division on the effective date, as well as to
new hires ongoing. Defnitions will apply for all service accrued after the effective date.
611601106242
Division number _____________
Division name _____________________________________________________________
106242
Note: This division should refect how you currently defne employees who are eligible to participate,
for example, All full-time Employees, New hires after 1/1/2019, etc.
III. Plan Eligibility
Only those employees eligible for MERS membership may participate in the MERS Defned
Contribution Plan. If an employee classifcation is included in the plan, then employees that meet this
defnition are required to participate in the plan and earn time toward vesting. All eligible employees
must be reported to MERS.
Using your Division Name above, expand on the employee classifcations that are eligible to
participate in MERS, such as “Clerical staff working more than 160 hours in a month,” “Elected
Offcials” or “Admin working >32 hours per week,” etc.:
Police Officers hired after 7/28/2006 working more than 1747 hours per year.
___________________________________________________________________________________________
Employee classifcation contains public safety employees: X Yes No
Public safety employees include: law enforcement, parole and probation offcers, employees
responsible for emergency response (911 dispatch, fre service, paramedics, etc.), public works,
and other skilled support personnel (equipment operators, etc.).
MD-070a (version 2020-09-28) Page 1 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601106242
If you elect to include a special classifcation (chart below), then the employee will be required to
participate in the employer and employee contributions adopted in your plan. An excluded classifcation
will require additional information below.
To further defne eligibility (select all that apply):
Not
Employee Classifcation Included Excluded
Employed
Temporary Employees: Those who will work for the municipality fewer than _____
12
X
months in total.
Part-Time Employees: Those who regularly work fewer than 1747
_______ per _______.
year X
Seasonal Employees: Those who will work for the municipality
X
from __________
April to __________
October only.
Voter-Elected Offcials X
Appointed Offcials: An offcial appointed to a voter-elected offce. X
Contract Employees X
Probationary Periods (select one):
Contributions will begin after the probationary period has been satisfed. Probationary periods
are allowed in one-month increments, no longer than 12 months. During this probationary period,
contributions will not be reported and service toward vesting will begin when probationary period has
ended.
The probationary period will be ______ month(s).
Comments:
X Contributions will begin with the employee’s date of hire (no Probationary Period). Effective with the
date of hire, wages paid and any associated contributions must be submitted to MERS.
MD-070a (version 2020-09-28) Page 2 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601106242
IV. Provisions
1. Leaves of Absence
Regardless of whether an employee is earning a wage while on the following types of leave:
• Third-party wages are not used in determining contributions for periods of leave.
• Vesting under elapsed time continues to accrue even if wages are not earned and contributions
are zero.
Note: Employers who determine vesting based on an “hours-reported” method, should report
actual worked hours for the month where there was a leave.
Types of leave include:
• Short Term and Long Term Disability
• Workers Compensation
• Unpaid Family Medical Leave Act (FMLA)
Leaves of absence due to military service are governed by the federal Uniformed Services Employment and
Reemployment Rights Act of 1994 (USERRA), IRC 414(u), effective January 1, 2007, IRC 401(a)(37).
MD-070a (version 2020-09-28) Page 3 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601106242
2. Defnition of Compensation
The Defnition of Compensation is used to determine participant and employer contributions. Wages are
strongly recommended to be reported with regular wage/contribution reports to MERS. Contributions
cannot exceed IRS limitations.
Select your Defnition of Compensation here. If you
choose to customize your defnition, skip this table
and proceed to page 5.
Base Wages Box 1 Wages Gross Wages
Types of Compensation
Regular Wages All Regular Wages All Regular Wages All Regular Wages
Salary or hourly wage X hours included included included
PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassifed)
On-call pay
Other Wages Excluded All Other Wages All Other Wages
Shift differentials included included
Overtime
Severance issued over time (weekly/bi-weekly)
Lump Sum Payments Excluded All Lump Sum All Lump Sum
PTO cash-out Payments included Payments included
Longevity
Bonuses
Merit pay
Job certifcations
Educational degrees
Moving expenses
Sick payouts
Severance (if issued as lump sum)
Taxable Payments Excluded All Taxable All Taxable
Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Payments included Payments included
Prizes, gift cards
Personal use of a company car
Car allowance
Reimbursement of Nontaxable Expenses (as defned by the IRS) Excluded Excluded Excluded
Gun, tools, equipment, uniform
Phone
Fitness
Mileage reimbursement
Travel through an accountable plan (i.e. tracking mileage for reimbursement)
Types of Deferrals
Elective Deferrals of Employee Premiums/Contributions All Elective Excluded All Elective Deferrals
457 employee and employer contributions Deferrals included included
125 cafeteria plan, FSAs and HSAs
IRA contributions
Types of Benefts
Nontaxable Fringe Benefts of Employees All Nontaxable Excluded All Nontaxable
Health plan, dental, vision benefts Fringe Benefts Fringe Benefts
Workers compensation premiums included included
Short- or Long-term disability premiums
Group term or whole life insurance < $50,000
Mandatory Contributions All Mandatory Excluded All Mandatory
Contributions Contributions
included included
Taxable Fringe Benefts Excluded Excluded All Taxable Fringe
Clothing reimbursement Benefts included
Stipends for health insurance opt out payments
Group term life insurance > $50,000
Other Benefts / Lump Sum Payments Excluded Excluded All Other Lump Sum
Workers compensation settlement payments Benefts included
MD-070a (version 2020-09-28) Page 4 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601106242
SKIP THIS TABLE if you selected one of the standard defnitions of compensation on page 4.
X CUSTOM: If you choose this option, you must select boxes in each section you would like to include in your Defnition of
Compensation. You will be responsible for additional reporting details to track custom defnitions.
Types of Compensation
Regular Wages
X Salary or hourly wage X hours On-call pay
X PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassifed) Other: ______________________________________________________
Other Wages apply: YES X NO
Shift differentials Severance issued over time (weekly/bi-weekly)
Overtime X Residency Bonus
Other: ______________________________________________________
Lump Sum Payments apply: YES X NO
PTO cash-out Educational degrees
Longevity X Moving expenses
Bonuses Sick payouts
Merit pay Severance (if issued as lump sum)
Job certifcations Other: ______________________________________________________
Taxable Payments apply: YES NO X
Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement)
Prizes, gift cards Car allowance
Personal use of a company car Other: ______________________________________________________
Reimbursement of Nontaxable Expenses (as defned by the IRS) apply: YES NO X
Gun, tools, equipment, uniform Mileage reimbursement
Phone Travel through an accountable plan (i.e. tracking mileage for reimbursement)
Fitness Other: ______________________________________________________
Types of Deferrals
Elective Deferrals of Employee Premiums/Contributions apply: YES X NO
X 457 employee and employer contributions IRA contributions
X 125 cafeteria plan, FSAs and HSAs Other: ______________________________________________________
Types of Benefts
Nontaxable Fringe Benefts of Employees apply: YES NO X
Health plan, dental, vision benefts
Workers compensation premiums Group term or whole life insurance < $50,000
Short- or Long-term disability premiums Other: ______________________________________________________
Mandatory Contributions apply: YES X NO
Taxable Fringe Benefts apply: YES X NO
X Group term life insurance > $50,000
X Clothing reimbursement
Stipends for health insurance opt out payments Other: ______________________________________________________
Other Benefts / Lump Sum Payments apply: YES NO X
Workers compensation settlement payments Other: ______________________________________________________
MD-070a (version 2020-09-28) Page 5 of 6
DocuSign Envelope ID: 4E3089A1-E9CA-4A5A-A790-D10A9C491302
Defined Contribution Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 611601106242
3. Forfeiture
A forfeiture occurs when a participant separates from employment prior to meeting the associated elapsed
time (or hours reported) to receive vesting. The percentage of his/her employer contribution account
balance that has not vested as of the date of termination will forfeit after 12 consecutive months following
the termination date reported by the employer, or earlier, if the System distributes the participant’s vested
portion. MERS will utilize an available forfeiture balance as an automatic funding source applied to
reported employer contributions at the time of reporting.
V. Execution:
Authorized Designee of Governing Body of Municipality or Chief Judge of Court
This foregoing Addendum is hereby approved by City of Muskegon
at a Board Meeting which took place on: __________________
12/08/2020
(mm/dd/yyyy)
Authorized Signature: ______________________________________________________________________
Printed Name: _____________________________________________________________________________
Title: ______________________________________________________________________________________
Date: __________________
MD-070a (version 2020-09-28) Page 6 of 6
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 8, 2020 Title: Non-Union Pay/Benefits
Submitted By: Frank Peterson Department: City Manager
Brief Summary: Staff is seeking approval of the 2021 Non-Union Employee Wage and Benefit
Program as detailed below.
Detailed Summary: The following changes are proposed:
1. With CPI below 1% and unknown long-term impacts of COVID-19, we are seeking an
equivalent 0.75% lump sum payment to all non-union staff in lieu of a cost-of-living
adjustment. The payments would be equalized so all eligible employees received the same
lump sum amount of $500. Based on 52 eligible employees, the total cost of this benefit is
estimated at $26,000, plus applicable payroll taxes and benefits equal to $5,200.
2. Every March, employees are able to cash out a portion of the value of their accrued and
unused sick time. To receive the full value, the employee is required to deposit the
proceeds directly into a retirement savings account or a dependent college savings fund.
We are asking to make an exception this year and remove the requirement to invest those
funds into either of those savings accounts. This should be cost-neutral to the city. We
would recommend that this be a one-year benefit change.
No budget amendment will be necessary.
Amount Requested: $31,200 Amount Budgeted: $31,200
Fund(s) or Account(s): Various Fund(s) or Account(s): Various
Recommended Motion: Approve the non-union pay employee wage and benefit program as
detailed.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 12/08/2020 Title: Beach Warning System
Submitted By: Leo Evans Department: Public Works
Brief Summary: Authorize staff to contract with SwimSmart Warning Systems to provide and install
a beach warning system at Pere Marquette Park and to contract with Windemueller Electric to
provide electrician services to assist with the installation.
Detailed Summary:
Staff has been working on the attached proposal with Jacob Soter from SwimSmart Warning Systems
that will include installation of beach hazard warning systems at two locations within Pere Marquette
Park. The locations will be at the bathhouse and at the kite shack building. At each location a wood
pole will be installed with a dome light mounted to the pole, in addition a smaller set of lights will be
mounted on the side of the building facing out towards the parking lot.
The pole mounted light will be a red strobe light that will blink only during high hazard days on the
beach, and we can install a shield if needed to shield the east side of the lights away from the houses
along Beach Street though I would propose to do this later only if it becomes an issue. Based on
preliminary information the two lights will provide a visual que for the area from the Water Filtration
Plant north to the Breakwater arms. No audible warning is included. The building mounted light will be
a smaller three colored light in red/yellow/green that will indicated the NOAA supplied swim conditions
for the day. The building mounted lights are smaller and meant to provide information to beach users
as they move from the parking areas to the beach. Both lights will be wired into the electric service at
each building and will be automatically controlled based on information provided through the NOAA
website. This system will provide immediate updates supported by NOAA on a consistent basis and
eliminate the need for staff to continuously monitor and adjust throughout the day.
If approved the system would be proposed for installation in the Spring of 2021 and operational for
beach season.
Funding is proposed to be drawn from the Parks Department Contractual Services budget that is
currently under budget based on the reduced expenses incurred to date during the current fiscal year.
Amount Requested: $13,600 Amount Budgeted: $0
$7,600 – SwimSmart Warning Systems
$6,000 – Windemueller Electric
Fund(s) or Account(s): 101-70751-5346 Fund(s) or Account(s): N/A
Recommended Motion:
Authorize staff to contract with SwimSmart Beach Warning Systems and Windemueller Electric for
the installation of a beach hazard warning system at Pere Marquette Park.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
P.O. Box 816, Houghton Michigan, 49931 | (734)-819-8789 | S
wimSmartTech.com
____________________________________________________________________________________
The proposal is for two SwimSmart warning control “boxes” one on each of the two buildings on
opposite ends of the beach. Each box will connect to a traffic light and a dome light. The length
of wire should not exceed 50 feet for the dome light and ~250 feet for the traffic light. Thus,
there is some required consideration for the location of the box relative to the lights. SwimSmart
provides the lights, the control box, required mounting hardware, as well as specified lengths of
wire for the lights installation. Please inform us on the length of wire needed between each light
and the box.
The control box requires a 120V/240V 60Hz AC power supply on a minimum 15 Amp circuit.
Appropriate wires and conduit feeding from the building connected to the power supply of the
box must be available and wired by a certified electrician. Also, conduit feeding from the box to
each of the lights must be supplied by the customer. SwimSmart will provide the wires of desired
length connecting each of the lights to the box. In other words, we only supply the wires for the
lights.
The hardware costs $3,300 and $25 a month per box, assisted installation costs $1,000.
Informative signs explaining the light are $100 each. The total is quoted at $7,600 + $50 per
month + $100 x the desired number of signs. The monthly payment can be billed yearly if
desired. The cost of the electrician as well as the required conduit/wire should also be taken into
consideration when budgeting.
The hardware is set to be deliverable by the beginning of March. SwimSmart recommends
making plans to install the devices well before the swim season. The phone application
(Android) is expected to be completed prior to the same March deadline. However, the devices
are currently SMS text message compatible and still function without an official phone
application. A follow up email will be sent to the designated point of contact when the phone
application is available for free download.
P.O. Box 816, Houghton Michigan, 49931 | (734)-819-8789 | S
wimSmartTech.com
____________________________________________________________________________________
The labor costs associated with changing flags in the flag based warning system is a major
source of the system's cost. Removing this labor cost with an electronic warning system is one of
our main objectives. In the calculations below, the assumption is made that flags wear out after
~3 years of use. Also, this estimate assumes a seasonal swim season ranging May 1st to October
15th. The labor costs use the $9.45 minimum wage of the state of Michigan and assume a single
flag change takes 15 minutes. This estimate neglects any other expenses related to the employee
or transportation. The estimate assumes the flag is changed twice a day. The warning light cost is
an estimate and is temporarily set at this reduced rate for our early partners.
Thank you for your interest in the SwimSmart beach warning system. We appreciate your
willingness to partner with a budding Michigan company and look forward to working together
to make Michigan beaches safer.
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Models
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 12/08/2020 Title: CZM Grant Application
Submitted By: Leo Evans Department: Public Works
Brief Summary: Authorize staff to submit a grant application to the Michigan Department of Environment, Great Lakes,
and Energy (MDEGLE) through the Coastal Zone Management Program and provide resolution of support along with a
commitment of matching funds.
Detailed Summary:
The State of Michigan is making available funding through the Coastal Zone Management (CZM) program to assist
communities in supporting Great Lakes Coastal Zones. Staff would like to pursue a grant application within the program
which requires a 50/50 match. The grant application would be focused on Grand Trunk Access Site.
If awarded the grant would be used to fund completion of design plans related to the attached improvements that were
previously submitted for an MDNR Land and Water Conservation Fund Grant which was later retracted. The proposed plan
represents an overall investment of approximately $1.5M dollars into improvements at the site and would be a potential
project for multiple MDNR and USFWS grant opportunities. The estimated cost to prepare design plans is $100,000.
The goal of the grant would be to prepare a further refined and biddable design that could be used to pursue additional grant
funding opportunities related to construction of the proposed improvements for the site.
The earliest grant funding would be available is October 1, 2021 so any match dollars would be required within the 21/22
budget year.
Submission of the grant application requires a commitment of matching funds and resolution of support from the City
Commission.
Amount Requested: $50,000 Amount Budgeted: $50,000 (FY21/22)
Fund(s) or Account(s): 404 Fund(s) or Account(s): 404
Recommended Motion:
Approve staff to submit a Coastal Zone Management Grant through the State of Michigan Department of Environment,
Great Lakes, and Energy for improvements at Grand Trunk Access Site and authorize the clerk to sign the attached
resolution providing support and a commitment of matching funds.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
City of Muskegon Resolution
SUPPORT OF
APPLICATION FOR GRAND TRUNK ACCESS SITE IMPROVEMENTS
WHEREAS, Muskegon City Commissioner supports the submission of an application titled,
“Grand Trunk Boating Access Site Improvements” to the Michigan Coastal Management Zone
Grant Program from completion of design engineering to develop conceptual plans for
improvements at the site; and,
WHEREAS, the City of Muskegon desires to make improvements on the site to provide
increased access to the shoreline and enhanced recreational activities; and,
WHEREAS, the proposed application is supported by the Community’s 5-year Approved Parks
and Recreation Plan; and,
WHEREAS, funding is available from the U.S. Department of Commerce through the Coastal
Management Program, and
WHEREAS, the City of Muskegon is hereby making a financial commitment to the project in the
amount of $50,000 matching funds in cash and/or force account should the project be selected;
and
NOW, THEREFORE LET IT BE RESOLVED, that Muskegon City Commissioners hereby authorizes
submission of a Michigan Coastal Zone Grant for $50,000 for completion of design plans to
provide improvements at the Grand Trunk Boating Access Site, and further resolves to make
available its financial obligation amount of $50,000 for a total project cost of $100,000 during
the Cities 2021-2022 fiscal year.
Ayes:
Nayes:
Absent:
Motion Approved.
Dated this ______ of _______ 20__.
________________________________
Stephen J. Gawron, Mayor
_________________________________
Ann Marie Meisch, City Clerk
AGGREGATETRAI
LS
CONCRETE
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 12/08/2020 Title: DWAM Grant Application
Submitted By: Leo Evans Department: Public Works
Brief Summary: Authorize staff to submit a grant application to the Michigan Department of
Environment, Great Lakes, and Energy (MDEGLE) through the Drinking Water Asset Management
Program.
Detailed Summary:
The State of Michigan is making available funding through the Drinking Water Asset Management
(DWAM) program to assist communities in supporting the goals of asset management. Staff would like
to pursue a grant application in the first quarter (due by January 1). Staff is still working to finalize the
details of the application but it will likely include some or all of the following items:
• Condition verification, and GPS point collection of all hydrants and valves and incorporation
into city GIS system for improved record keeping and maintenance.
• Field verification of lead service lines. Assistance to perform excavation and physical
verification of questionable areas to guide future investment.
• Updates to the water main information in the GIS system. The sanitary sewer and storm
sewers were nearly fully collected during the previous funding cycle (SAW). This would get our
water system to at or above the same level of accuracy.
• Update to the system wide hydraulic model. Perform routine update to the hydraulic model that
helps identify solutions to problem areas and guide future investment to maximize efficiency.
• Update to the financial analysis and verification of rate study for future years.
The funding for this program comes from the $500M Clean Water investment announced by the state
of Michigan earlier this year. The program offers a total of $36.5M statewide for these efforts. There is
zero match dollars required for this grant application. No formal resolution of support is required,
however we wanted to make you aware of our intention to apply and offer an opportunity for comment.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): 591 Fund(s) or Account(s): 591
Recommended Motion:
Authorize staff to submit for a Drinking Water Asset Management Grant through the State of
Michigan Department of Environment, Great Lakes, and Energy in the 1st Quarter Application
Period.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY
Finance Division
EGLE DRINKING WATER ASSET MANAGEMENT (DWAM)
GRANT OVERVIEW
Section 1001 of 2019 PA 57
Introduction
Under Section 1001 of Public Act 57 of 2019, the Michigan state legislature appropriated $37.5 million for a
grant program for Asset Management Plan (AMP) creation and/or distribution system materials inventory
(DSMI). From the $37.5 million, $1 million will be awarded for public education efforts to water supply advisory
councils created under Michigan’s Lead and Copper Rule (LCR) through a separate request for proposal
process. This leaves $36.5 million for AMP and DSMI related activities.
Funding
The maximum grant award per applicant is $1 million; applicants may apply multiple times until this maximum
amount is awarded. There are no local match requirements.
Applications will be accepted continuously beginning October 15, 2020, until funding is exhausted. Applications
will be scored and processed quarterly as discussed further below. Priority will be given to water supplies with
a lead or copper Action Level Exceedance (ALE), and to systems with a high percentage of unknown service
lines as indicated in their Preliminary DSMIs submitted to the Michigan Department of Environment, Great
Lakes, and Energy (EGLE).
$15 million of the $36.5 million total will be set-aside and made available for small and medium systems
(populations serving 10,000 or less).
If all available program funds have not been allocated after one year, EGLE may re-evaluate system and
program needs.
All grant related activities are expected to be complete within three years of an executed grant agreement.
Total grant award will be based on reasonably estimated costs and documentation provided by the grantee at
the project onset. The grant will function on a reimbursement basis whereas work must occur, and associated
invoices or documentation submitted to EGLE, prior to grant funds being paid to the grantee.
Final grantee deliverables must include a report summarizing the work completed under the grant, significant
lessons learned, and any anticipated needs moving forward.
Eligibility
Type I Community Water Supplies, and Type II Nontransient Noncommunity supplies are eligible to apply.
Applicants must not appear on the federal Debarment and Suspension List (www.sam.gov/SAM/), and must be
in good standing with EGLE programs (i.e., no EGLE grant revoked or terminated and no demonstrated
inability to manage a grant or meet obligations in a project contract with EGLE).
Eligible Activities
Grant funding is restricted to AMP creation/updates and/or DSMI related activities. Eligibility of activities will be
project specific and determined on a case-by-case basis by EGLE. Eligible activities under the grant may
include:
• Activities related to AMP updates including asset inventory and condition assessment, level of
service, criticality assessment, revenue structure development, and Capital Improvement
Planning.
• Activities related to verification of materials for final DSMI, including potholing/hydrovacing/
trenching for inventory/planning purposes.
Page 1 of 3 Michigan.gov/EGLE 800-662-9278
EQP1601I (Rev. 10/2020)
DRINKING WATER ASSET MANAGEMENT (DWAM) GRANT OVERVIEW
EGLE EQP1601I
• Equipment purchases with acceptable justification, such as computer hardware or software
used directly for asset management or materials assessment (i.e., vactor trucks or utility vac air
knife/air lance truck if used for potholing). Grant reimbursement for purchase of equipment used
for multiple asset types will be limited to 25 percent of the purchase price. If the applicant can
provide documentation illustrating the equipment will be shared with a neighboring community,
EGLE will consider reimbursement up to 50 percent of the equipment purchase price.
• Public education efforts related to Lead and Copper Rule implementation.
For application purposes, a quote/estimate for the proposed work is acceptable. A signed contract is needed
for services over $50,000 before reimbursement can be made. Force account may be utilized with justification
documenting the need. Force account fringe benefits are limited to 40 percent and holiday and overtime pay is
not grant eligible. Utility indirect costs (rent, overhead, etc.) are not grant eligible.
Ineligible Activities
Any activities not directly related to AMP creation/updates or DSMI are not grant eligible. Eligibility will be
project specific and determined on a case-by-case basis by EGLE. Tangible, permanent construction is not
eligible under this grant.
Application Funding Priority
Quarterly applicant ranking will be based on the following criteria:
Criteria Points Awarded Comments
Water supply has had a lead or copper action level 5 points
exceedance (ALE) in the past 3 years
Water supply has submitted a Preliminary DSMI to 0-20% = 3 points (Unknown-likely lead +
EGLE. Points awarded are based off the estimated 21-40% = 5 points unknown material +
percentage of unknown lines in the service area 41-60% = 7 points unknown-likely not lead) /
that are required to be validated for the final DSMI. 61-100% = 10 points water supply total service
lines in Preliminary DSMI
Water supply has implemented an EGLE-approved 5 points
Asset Management Plan
Water supply has entered into an Administrative 3 points
Consent Order with EGLE related to asset
management plan deficiencies that will be
addressed as part of the awarded grant
Tie Breaker – only applied in the event of
limited funds and where multiple applicants
have scored the same
Most recent Sanitary Survey completed with no 4 points
deficiencies
Applicant has completed the Michigan 3 points
Infrastructure Council’s Asset Maturity Assessment
Percentage of ‘unknown-likely lead’ service lines in Use actual percentage Unknown-likely lead /
the service area based off Preliminary DSMI data water supply total
service lines
Page 2 of 3
DRINKING WATER ASSET MANAGEMENT (DWAM) GRANT OVERVIEW
EGLE EQP1601I
Process, Schedule, and Deadlines
The grant application will be available on EGLE’s website on October 15, 2020. Applications can be submitted
electronically to [email protected], and will be accepted continuously until funds are exhausted.
Applications received by close of business January 1, 2021 will be considered for the first round of funding.
Applicants can expect grant awards within 75 days of quarterly application deadlines.
Applications will be accepted continuously until funding is exhausted. Deadlines for quarterly scoring and
award processing are illustrated below. Grant applications must be received by close of business on these
dates to be funded in the applicable quarterly funding cycle.
Quarter 1 Quarter 2 Quarter 3 Quarter 4
Application January 1, 2021 April 1, 2021 July 1, 2021 October 1, 2021
Deadline
Anticipated March 15 2021 June 15, 2021 September 15, 2021 December 15, 2021
Grant Award
Date (on or before)
EGLE may request additional information for clarification purposes. EGLE may offer grant amounts other than
those requested and request changes to the proposed work plan. Submitted application information is not
confidential, grant applications are considered public information under the Freedom of Information Act, Public
Act 442 of 1976, as amended. A report including grants awarded and associated dollar amounts will be
submitted annually to the legislature.
Successful applicants will be required to enter into a project contract with EGLE. A project contract consists of,
standard “boilerplate” language, the applicant’s project description, work plan, timeline, and budget information.
Contacts
For questions about this grant, contact Katie Thrush at 517-647-3482 or email [email protected].
For information or assistance on this publication, please contact the program, through EGLE
Environmental Assistance Center at 800-662-9278. This publication is available in alternative
formats upon request.
EGLE does not discriminate on the basis of race, sex, religion, age, national origin, color,
marital status, disability, political beliefs, height, weight, genetic information, or sexual
orientation in the administration of any of its programs or activities, and prohibits
intimidation and retaliation, as required by applicable laws and regulations.
This form and its contents are subject to the Freedom of Information Act and may be
released to the public.
Page 3 of 3
MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY
FINANCE DIVISION
DRINKING WATER ASSET MANAGEMENT (DWAM) GRANT APPLICATION
Sec. 1001, 2019 PA 57
Public Act 57 of 2019 was made effective on September 29, 2019. Section 1001 denotes language to provide
grants for asset management plan creation and distribution system materials inventory.
Grants may be awarded for Asset Management Plan (AMP) development or updates, and/or distribution
system materials inventory (DSMI) related activities. The maximum grant amount allowable per applicant is
$1 million. There are no local match requirements. Applications will be accepted continuously until funding is
exhausted. Applications will be awarded on a quarterly funding cycle. The Michigan Department of
Environment, Great Lakes, and Energy (EGLE) may reevaluate program and system needs after one year.
Grant applications must be received by close of business on these dates to be funded in the applicable
quarterly funding cycle:
Quarter 1 Quarter 2 Quarter 3 Quarter 4
Application
Deadline January 1, 2021 April 1, 2021 July 1, 2021 October 1, 2021
Anticipated Grant
Award Date (on or
before) March 15, 2021 June 15, 2021 September 15, 2021 December 15, 2021
Type I Community Water Supplies and Type II Nontransient Noncommunity Water Supplies are eligible to
apply. Applicants must not appear on the federal Debarment and Suspension List and must be in good
standing with EGLE programs (i.e., no EGLE grant revoked or terminated and no demonstrated inability to
manage a grant or meet obligations in a project contract with EGLE).
Application for DWAM Grant
Applicant Name: Project Name:
Project Location (City or Village or Township, and Population Served by System:
County):
Estimated Project Start Date (month/year): Estimated Project End Date (month/date/year):
Project Contact #1 (Authorized Signatory): Project Contact #2 (Consulting Engineer or other):
Name: Name:
Title: Title:
Telephone: Telephone:
Address: Address:
E-mail address: E-mail address:
Page 1 of 3 Michigan.gov/EGLE 800-662-9278
EQP1061 (Rev. 10/2020)
DRINKING WATER ASSET MANAGEMENT (DWAM) GRANT APPLICATION
EQP1061
Project Summary: Attach project workplan or summary pages; should include project need, what will be
addressed and how, and map(s) illustrating project work areas.
Project Cost Information: Attach documentation of estimated project costs in project workplan/summary (may
include vendor estimates/quotes, contracts, etc.). Grant eligible costs are those that are associated with AMP
creation/update and/or DSMI. This may include asset inventory and condition assessment, level of service,
criticality assessment, revenue structure review/development, and Capital Improvement Planning as part of
AMP creation/update; equipment purchase if needed and used as a direct interface for asset management or
materials assessment; and verification of materials for Final DSMI, including potholing/hydrovacing/trenching
for inventory/planning purposes. Additional eligibility items as related to equipment purchases is discussed
on the DWAM Grant Overview Guidance Document.
Eligibility is project specific and determined on a case-by-case basis by EGLE. Costs not eligible for grant
inclusion include, but are not limited to, tangible permanent construction.
Provide Estimated Project Costs:
1. AMP Costs
2. DSMI Costs
3. Equipment Purchase Costs
4. Project Cost Subtotal
5. Requested Grant Amount*
*Total grant amount cannot exceed $1,000,000.
Ranking/Scoring: Projects will be batched and scored in each quarterly funding cycle. Scores will be
based on the criteria established in the DWAM Grant Overview Guidance Document.
Fill in the appropriate response below:
1. Has the water supply had a lead or copper Action Level Exceedance (ALE) in the past three years?
☐Yes ☐No
2. Did the water supply submit its Preliminary DSMI to EGLE? ☐Yes ☐No If yes:
Number of service lines that are ‘unknown-likely contains lead’ that need to be verified for Final DSMI:
Number of service lines that are ‘unknown-likely does not contain lead’ that need to be verified for
Final DSMI:
Page 2 of 3
DRINKING WATER ASSET MANAGEMENT (DWAM) GRANT APPLICATION
EQP1061
Number of service lines that are ‘material unknown’ that need to be verified for Final DSMI:
Total number of service lines in the water supply:
3. Has the water supply implemented an EGLE-approved AMP? ☐Yes ☐No
4. Has the water supply entered into an Administrative Consent Order with EGLE related to AMP
deficiencies that will be addressed as part of the awarded grant? ☐Yes ☐No
5. Was the water supply’s most recent Sanitary Survey completed with no deficiencies? ☐Yes ☐No
6. Did the water supply complete the Michigan Infrastructure Council’s Asset Maturity Assessment?
☐Yes ☐No
I certify that the information provided in this application is complete, true, and accurate to the best of
my knowledge.
Printed Name and Title: Signature: Date:
Submit completed form and applicable attachments to [email protected].
Or via U.S. mail to: Michigan Department of Environment, Great Lakes, and Energy
Finance Division – Water Infrastructure Financing Section
525 West Allegan Street
P.O. Box 30457
Lansing, Michigan 48909-7957
For information or assistance on this publication, please contact the program, through EGLE
Environmental Assistance Center at 800-662-9278. This publication is available in alternative
formats upon request.
EGLE does not discriminate on the basis of race, sex, religion, age, national origin, color,
marital status, disability, political beliefs, height, weight, genetic information, or sexual
orientation in the administration of any of its programs or activities, and prohibits
intimidation and retaliation, as required by applicable laws and regulations.
This form and its contents are subject to the Freedom of Information Act and may be
released to the public.
Page 3 of 3
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 12/08/2020 Title: Michigan & Franklin Reconstruction
Submitted By: Joel Brookens Department: Public Works
Brief Summary: Authorize the award of the Michigan Avenue and Franklin Street reconstruction
project to the low bidder, Wadel Stabilization Inc.
Detailed Summary:
Staff solicited bids for road reconstruction on Michigan Avenue from Lakeshore Drive east to Hudson
Street and on Franklin Street from Michigan Avenue north to West Western Avenue in the Nims
Neighborhood.
Bids were received are as follows:
• $829,357.35 – Wadel Stabilization
• $853,948.06 – Brenner Excavating
• $857,235.65 – Jackson-Merkey
• $878,698.68 – West Michigan Dirtworks
• $889,145.80 – McCormick Sand
• $950,858.50 – Hallack Contracting
• $982,508.85 – Diversco Construction
• $997,868.30 – Kamminga & Roodvoets
• $1,091,692.90 – Terra Contractors
This project was included in the 20-21 budget with funds being drawn from the Major Street, Water,
and Sewer funds. The collective bids are below the budgeted amounts for the project and no
reforecasting adjustment is anticipated at this time. The project would be constructed during the 2021
construction season.
Amount Requested: $829,357.25 Amount Budgeted: $900,000
Fund(s) or Account(s): Fund(s) or Account(s):
202-92003 202-92003 = $800,000
590-92003 590-92003 = $50,000
591-92003 591-92003 = $50,000
Recommended Motion:
Approve the award of the Michigan Avenue and Franklin Street project to the low bidder, Wadel
Stabilization and authorize staff to sign the contracts.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
City of Muskegon Project Engineer: FP Date: 11/24/2020
Egineering Department Project Number: H92003
Project description: Michigan Franklin Reconstruction
Bid summary
Engineers Estimate $ 889,802.10
1 Wadel Stabilization $ 829,357.35
2 Brenner Excavating $ 853,948.06
3 Jackson Merkey $ 857,235.65
4 West Michigan Dirtworks $ 878,698.68
5 McCormick Sand $ 889,145.80
6 Hallack Contracting $ 950,858.50
7 Diversco Construction $ 982,508.85
8 Kamminga & Roodvoets $ 997,868.30
9 Terra Contractors $ 1,091,692.90
BID TABULATION
City of Muskegon Project Engineer: FP Date: 11/24/2020
Egineering Department Project Number: H92003
Project description: Michigan Franklin Reconstruction
Engineers Estimate Wadel Stabilization Brenner Excavating Jackson Merkey West Michigan Dirtworks McCormick Sand Hallack Contracting Diversco Construction Kamminga & Roodvoets Terra Contractors
Line
Item Pay Code Description Units Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total
1 1500001 Mobilization_10% Max. LSUM 1 $79,000.00 $ 79,000.00 $82,900.00 $ 82,900.00 $39,045.00 $ 39,045.00 $46,100.00 $ 46,100.00 $76,519.45 $ 76,519.45 $85,000.00 $ 85,000.00 $85,000.00 $ 85,000.00 $90,000.00 $ 90,000.00 $99,000.00 $ 99,000.00 $85,000.00 $ 85,000.00
2 2030015 Sewer, Rem, Less than 24 inch Ft 189 $15.00 $ 2,835.00 $12.00 $ 2,268.00 $7.20 $ 1,360.80 $20.00 $ 3,780.00 $13.55 $ 2,560.95 $12.00 $ 2,268.00 $5.50 $ 1,039.50 $14.00 $ 2,646.00 $7.00 $ 1,323.00 $35.00 $ 6,615.00
3 2037050 Dr Structure, Rem, Modified Ea 32 $300.00 $ 9,600.00 $225.00 $ 7,200.00 $270.00 $ 8,640.00 $560.00 $ 17,920.00 $303.02 $ 9,696.64 $425.00 $ 13,600.00 $385.00 $ 12,320.00 $353.00 $ 11,296.00 $250.00 $ 8,000.00 $750.00 $ 24,000.00
4 2040055 Sidewalk, Rem Syd 1285 $10.00 $ 12,850.00 $5.60 $ 7,196.00 $3.95 $ 5,075.75 $7.00 $ 8,995.00 $6.63 $ 8,519.55 $6.00 $ 7,710.00 $4.00 $ 5,140.00 $4.05 $ 5,204.25 $8.00 $ 10,280.00 $9.00 $ 11,565.00
5 2047011 Pavt, Rem, Modified Syd 10378 $8.00 $ 83,024.00 $3.00 $ 31,134.00 $2.80 $ 29,058.40 $3.00 $ 31,134.00 $3.56 $ 36,945.68 $2.00 $ 20,756.00 $2.00 $ 20,756.00 $1.45 $ 15,048.10 $6.25 $ 64,862.50 $6.00 $ 62,268.00
6 2057002 Machine Grading, Modified Sta 20.1 $2,000.00 $ 40,200.00 $2,000.00 $ 40,200.00 $3,500.00 $ 70,350.00 $3,500.00 $ 70,350.00 $3,203.64 $ 64,393.16 $2,200.00 $ 44,220.00 $3,850.00 $ 77,385.00 $5,400.00 $ 108,540.00 $1,900.00 $ 38,190.00 $1,500.00 $ 30,150.00
7 2080020 Erosion Control, Inlet Protection, Fabric Drop Ea 29 $100.00 $ 2,900.00 $100.00 $ 2,900.00 $71.30 $ 2,067.70 $125.00 $ 3,625.00 $91.98 $ 2,667.42 $50.00 $ 1,450.00 $85.00 $ 2,465.00 $120.00 $ 3,480.00 $130.00 $ 3,770.00 $110.00 $ 3,190.00
8 3020020 Aggregate Base, 8 inch Syd 7545 $7.00 $ 52,815.00 $8.00 $ 60,360.00 $8.80 $ 66,396.00 $9.50 $ 71,677.50 $8.80 $ 66,396.00 $10.00 $ 75,450.00 $6.25 $ 47,156.25 $15.20 $ 114,684.00 $12.50 $ 94,312.50 $11.50 $ 86,767.50
9 3060021 Maintenance Gravel, LM Cyd 200 $15.00 $ 3,000.00 $8.00 $ 1,600.00 $0.01 $ 2.00 $30.00 $ 6,000.00 $6.46 $ 1,292.00 $1.00 $ 200.00 $10.00 $ 2,000.00 $23.00 $ 4,600.00 $35.00 $ 7,000.00 $25.00 $ 5,000.00
10 4020600 Sewer, Cl E, 12 inch, Tr Det B Ft 775 $45.00 $ 34,875.00 $60.00 $ 46,500.00 $47.30 $ 36,657.50 $49.50 $ 38,362.50 $34.81 $ 26,977.75 $50.00 $ 38,750.00 $50.00 $ 38,750.00 $53.20 $ 41,230.00 $57.00 $ 44,175.00 $55.00 $ 42,625.00
11 4021201 Sewer Tap, 6 inch Ea 1 $175.00 $ 175.00 $190.00 $ 190.00 $158.00 $ 158.00 $325.00 $ 325.00 $402.88 $ 402.88 $250.00 $ 250.00 $285.00 $ 285.00 $215.00 $ 215.00 $300.00 $ 300.00 $1,200.00 $ 1,200.00
12 4021202 Sewer Tap, 8 inch Ea 1 $200.00 $ 200.00 $195.00 $ 195.00 $196.50 $ 196.50 $360.00 $ 360.00 $531.10 $ 531.10 $290.00 $ 290.00 $300.00 $ 300.00 $220.00 $ 220.00 $350.00 $ 350.00 $1,200.00 $ 1,200.00
13 4021203 Sewer Tap, 10 inch Ea 2 $200.00 $ 400.00 $210.00 $ 420.00 $201.00 $ 402.00 $560.00 $ 1,120.00 $619.11 $ 1,238.22 $500.00 $ 1,000.00 $325.00 $ 650.00 $225.00 $ 450.00 $425.00 $ 850.00 $1,500.00 $ 3,000.00
14 4021230 Sewer Bulkhead, 12 inch Ea 2 $150.00 $ 300.00 $300.00 $ 600.00 $263.00 $ 526.00 $200.00 $ 400.00 $222.53 $ 445.06 $250.00 $ 500.00 $350.00 $ 700.00 $155.00 $ 310.00 $300.00 $ 600.00 $2,500.00 $ 5,000.00
15 4027001 Sewer, PVC SDR 35, 6 inch, TR Det B, Modified Ft 7 $35.00 $ 245.00 $52.00 $ 364.00 $66.50 $ 465.50 $130.00 $ 910.00 $43.54 $ 304.78 $46.00 $ 322.00 $45.00 $ 315.00 $55.95 $ 391.65 $50.00 $ 350.00 $150.00 $ 1,050.00
16 4027001 Sewer, PVC SDR 35, 8 inch, Tr Det B Modified Ft 16 $30.00 $ 480.00 $52.00 $ 832.00 $68.40 $ 1,094.40 $85.00 $ 1,360.00 $46.15 $ 738.40 $48.00 $ 768.00 $50.00 $ 800.00 $57.95 $ 927.20 $53.00 $ 848.00 $100.00 $ 1,600.00
17 4027001 Sewer, PVC SDR 35, 10 inch, TR Det B, Modified Ft 580 $35.00 $ 20,300.00 $70.00 $ 40,600.00 $67.90 $ 39,382.00 $72.00 $ 41,760.00 $55.65 $ 32,277.00 $80.00 $ 46,400.00 $55.00 $ 31,900.00 $93.00 $ 53,940.00 $112.00 $ 64,960.00 $90.00 $ 52,200.00
18 4027001 Sewer, Ductile Iron Class 52, 12 inch, Tr Det B Ft 31 $65.00 $ 2,015.00 $70.00 $ 2,170.00 $73.10 $ 2,266.10 $125.00 $ 3,875.00 $86.84 $ 2,692.04 $80.00 $ 2,480.00 $75.00 $ 2,325.00 $93.00 $ 2,883.00 $95.00 $ 2,945.00 $95.00 $ 2,945.00
19 4030004 Dr Structure Cover, Adj, Case 1, Modified Ea 28 $650.00 $ 18,200.00 $590.00 $ 16,520.00 $661.00 $ 18,508.00 $600.00 $ 16,800.00 $377.50 $ 10,570.00 $900.00 $ 25,200.00 $450.00 $ 12,600.00 $700.00 $ 19,600.00 $550.00 $ 15,400.00 $700.00 $ 19,600.00
Dr Structure, Add Depth of 48 inch dia, 8 foot to 15
20 4030250 foot Ft 5 $100.00 $ 500.00 $95.00 $ 475.00 $218.50 $ 1,092.50 $310.00 $ 1,550.00 $1,104.36 $ 5,521.80 $400.00 $ 2,000.00 $250.00 $ 1,250.00 $404.00 $ 2,020.00 $135.00 $ 675.00 $250.00 $ 1,250.00
21 4030312 Dr Structure, Tap, 12 inch Ea 19 $300.00 $ 5,700.00 $300.00 $ 5,700.00 $210.50 $ 3,999.50 $600.00 $ 11,400.00 $402.88 $ 7,654.72 $325.00 $ 6,175.00 $285.00 $ 5,415.00 $860.00 $ 16,340.00 $350.00 $ 6,650.00 $1,200.00 $ 22,800.00
22 4037001 Dr Structure, Adj, Add Depth, Modified Ft 14.7 $400.00 $ 5,880.00 $430.00 $ 6,321.00 $437.00 $ 6,423.90 $420.00 $ 6,174.00 $371.84 $ 5,466.05 $400.00 $ 5,880.00 $225.00 $ 3,307.50 $360.00 $ 5,292.00 $150.00 $ 2,205.00 $250.00 $ 3,675.00
23 4037050 Catch Basin Specail Detail Ea 8 $1,500.00 $ 12,000.00 $2,000.00 $ 16,000.00 $1,428.00 $ 11,424.00 $1,600.00 $ 12,800.00 $1,528.42 $ 12,227.36 $1,900.00 $ 15,200.00 $1,850.00 $ 14,800.00 $1,431.00 $ 11,448.00 $1,100.00 $ 8,800.00 $2,650.00 $ 21,200.00
24 4037050 Dr Structure Cover, Type K, Modified Ea 25 $750.00 $ 18,750.00 $525.00 $ 13,125.00 $863.50 $ 21,587.50 $650.00 $ 16,250.00 $867.78 $ 21,694.50 $520.00 $ 13,000.00 $1,125.00 $ 28,125.00 $550.00 $ 13,750.00 $800.00 $ 20,000.00 $750.00 $ 18,750.00
25 4037050 Dr Structure Cover, Type B, Modified Ea 37 $500.00 $ 18,500.00 $370.00 $ 13,690.00 $692.50 $ 25,622.50 $480.00 $ 17,760.00 $636.70 $ 23,557.90 $370.00 $ 13,690.00 $925.00 $ 34,225.00 $430.00 $ 15,910.00 $600.00 $ 22,200.00 $750.00 $ 27,750.00
26 4037050 Catch Basin 2 FT ID Special Detail Ea 17 $1,100.00 $ 18,700.00 $1,450.00 $ 24,650.00 $808.50 $ 13,744.50 $900.00 $ 15,300.00 $902.66 $ 15,345.22 $1,500.00 $ 25,500.00 $1,500.00 $ 25,500.00 $898.00 $ 15,266.00 $800.00 $ 13,600.00 $1,900.00 $ 32,300.00
27 5010025 Hand Patching Ton 11 $200.00 $ 2,200.00 $100.00 $ 1,100.00 $302.50 $ 3,327.50 $100.00 $ 1,100.00 $295.48 $ 3,250.28 $300.00 $ 3,300.00 $250.00 $ 2,750.00 $100.00 $ 1,100.00 $272.00 $ 2,992.00 $120.00 $ 1,320.00
28 5010051 HMA, 4E3 Ton 1735 $95.00 $ 164,825.00 $84.00 $ 145,740.00 $85.90 $ 149,036.50 $81.62 $ 141,610.70 $86.08 $ 149,348.80 $78.00 $ 135,330.00 $85.00 $ 147,475.00 $83.93 $ 145,618.55 $77.26 $ 134,046.10 $89.00 $ 154,415.00
29 8010005 Driveway, Nonreinf Conc, 6 inch Syd 270 $45.00 $ 12,150.00 $32.00 $ 8,640.00 $37.50 $ 10,125.00 $30.00 $ 8,100.00 $35.78 $ 9,660.60 $37.00 $ 9,990.00 $40.00 $ 10,800.00 $32.00 $ 8,640.00 $36.00 $ 9,720.00 $52.00 $ 14,040.00
30 8010007 Driveway, Nonreinf Conc, 8 inch Syd 74 $60.00 $ 4,440.00 $42.00 $ 3,108.00 $48.70 $ 3,603.80 $40.00 $ 2,960.00 $46.96 $ 3,475.04 $47.00 $ 3,478.00 $50.00 $ 3,700.00 $42.00 $ 3,108.00 $45.00 $ 3,330.00 $68.00 $ 5,032.00
31 8020038 Curb and Gutter, Conc, Det F4 Ft 4123 $14.00 $ 57,722.00 $11.55 $ 47,620.65 $13.90 $ 57,309.70 $11.25 $ 46,383.75 $12.92 $ 53,269.16 $12.00 $ 49,476.00 $17.50 $ 72,152.50 $12.15 $ 50,094.45 $18.00 $ 74,214.00 $20.00 $ 82,460.00
32 8020050 Driveway Opening, Conc, Det M Ft 90 $23.00 $ 2,070.00 $16.00 $ 1,440.00 $18.10 $ 1,629.00 $15.00 $ 1,350.00 $17.89 $ 1,610.10 $17.00 $ 1,530.00 $20.50 $ 1,845.00 $16.00 $ 1,440.00 $24.00 $ 2,160.00 $35.00 $ 3,150.00
33 8030010 Detectable Warning Surface Ft 137 $35.00 $ 4,795.00 $33.00 $ 4,521.00 $36.70 $ 5,027.90 $33.00 $ 4,521.00 $36.90 $ 5,055.30 $33.00 $ 4,521.00 $40.00 $ 5,480.00 $33.00 $ 4,521.00 $50.00 $ 6,850.00 $65.00 $ 8,905.00
34 8030030 Curb Ramp Opening, Conc Ft 181 $25.00 $ 4,525.00 $16.00 $ 2,896.00 $18.10 $ 3,276.10 $15.00 $ 2,715.00 $17.89 $ 3,238.09 $17.00 $ 3,077.00 $20.50 $ 3,710.50 $16.00 $ 2,896.00 $22.00 $ 3,982.00 $25.00 $ 4,525.00
35 8030036 Sidewalk Ramp, Conc, 6 inch Sft 1076 $6.00 $ 6,456.00 $4.10 $ 4,411.60 $4.90 $ 5,272.40 $4.00 $ 4,304.00 $4.58 $ 4,928.08 $5.75 $ 6,187.00 $5.50 $ 5,918.00 $4.10 $ 4,411.60 $5.75 $ 6,187.00 $8.00 $ 8,608.00
36 8030044 Sidewalk, Conc, 4 inch Sft 11711 $4.00 $ 46,844.00 $2.65 $ 31,034.15 $3.35 $ 39,231.85 $2.60 $ 30,448.60 $2.96 $ 34,664.56 $3.75 $ 43,916.25 $4.00 $ 46,844.00 $2.65 $ 31,034.15 $3.50 $ 40,988.50 $4.55 $ 53,285.05
Page 2 of 3
37 8030046 Sidewalk, Conc, 6 inch Sft 1677 $5.00 $ 8,385.00 $3.25 $ 5,450.25 $4.00 $ 6,708.00 $3.20 $ 5,366.40 $3.63 $ 6,087.51 $4.30 $ 7,211.10 $5.50 $ 9,223.50 $3.25 $ 5,450.25 $5.00 $ 8,385.00 $4.55 $ 7,630.35
38 8030048 Sidewalk, Conc, 8 inch Sft 286 $6.50 $ 1,859.00 $4.20 $ 1,201.20 $4.90 $ 1,401.40 $4.00 $ 1,144.00 $4.70 $ 1,344.20 $5.00 $ 1,430.00 $6.50 $ 1,859.00 $4.20 $ 1,201.20 $6.00 $ 1,716.00 $4.55 $ 1,301.30
39 8110022 Pavt Mrkg, Ovly Cold Plastic, 4 inch, White Ft 88 $3.00 $ 264.00 $2.50 $ 220.00 $2.80 $ 246.40 $2.50 $ 220.00 $2.72 $ 239.36 $2.00 $ 176.00 $2.50 $ 220.00 $6.00 $ 528.00 $2.50 $ 220.00 $3.00 $ 264.00
40 8110024 Pavt Mrkg, Ovly Cold Plastic, 6 inch, Crosswalk Ft 609 $3.00 $ 1,827.00 $2.95 $ 1,796.55 $3.30 $ 2,009.70 $2.95 $ 1,796.55 $3.21 $ 1,954.89 $2.50 $ 1,522.50 $2.95 $ 1,796.55 $6.00 $ 3,654.00 $2.95 $ 1,796.55 $3.50 $ 2,131.50
41 8110044 Pavt Mrkg, Ovly Cold Plastic, 18 inch, Stop Bar Ft 48 $8.00 $ 384.00 $9.95 $ 477.60 $11.10 $ 532.80 $9.95 $ 477.60 $10.82 $ 519.36 $7.50 $ 360.00 $9.95 $ 477.60 $9.00 $ 432.00 $9.95 $ 477.60 $12.00 $ 576.00
42 8110079 Pavt Mrkg, Ovly Cold Plastic, Sharrow Symbol Ea 14 $200.00 $ 2,800.00 $180.00 $ 2,520.00 $200.00 $ 2,800.00 $180.00 $ 2,520.00 $195.68 $ 2,739.52 $250.00 $ 3,500.00 $180.00 $ 2,520.00 $245.00 $ 3,430.00 $180.00 $ 2,520.00 $225.00 $ 3,150.00
43 8110232 Pavt Mrkg, Waterborne, 4 inch, Yellow Ft 574 $0.50 $ 287.00 $0.65 $ 373.10 $0.72 $ 413.28 $0.65 $ 373.10 $0.71 $ 407.54 $1.00 $ 574.00 $0.65 $ 373.10 $1.00 $ 574.00 $0.65 $ 373.10 $1.00 $ 574.00
44 8110233 Pavt Mrkg, Waterborne, 6 inch, White Ft 496 $0.60 $ 297.60 $0.75 $ 372.00 $0.83 $ 411.68 $0.75 $ 372.00 $0.82 $ 406.72 $1.00 $ 496.00 $0.75 $ 372.00 $1.00 $ 496.00 $0.75 $ 372.00 $1.25 $ 620.00
45 8120022 Barricade, Type III, High Intensity, Lighted, Furn Ea 9 $65.00 $ 585.00 $75.00 $ 675.00 $83.40 $ 750.60 $75.00 $ 675.00 $88.38 $ 795.42 $75.00 $ 675.00 $100.00 $ 900.00 $75.00 $ 675.00 $75.00 $ 675.00 $100.00 $ 900.00
46 8120023 Barricade, Type III, High Intensity, Lighted, Oper Ea 9 $5.00 $ 45.00 $1.00 $ 9.00 $1.10 $ 9.90 $9.00 $ 81.00 $1.18 $ 10.62 $1.00 $ 9.00 $1.00 $ 9.00 $1.00 $ 9.00 $1.00 $ 9.00 $20.00 $ 180.00
47 8120100 Dust Palliative, Applied Ton 5 $50.00 $ 250.00 $50.00 $ 250.00 $175.00 $ 875.00 $50.00 $ 250.00 $1,164.79 $ 5,823.95 $0.01 $ 0.05 $100.00 $ 500.00 $300.00 $ 1,500.00 $450.00 $ 2,250.00 $350.00 $ 1,750.00
48 8120170 Minor Traf Devices LSUM 1 $15,000.00 $ 15,000.00 $16,900.00 $ 16,900.00 $11,885.00 $ 11,885.00 $5,950.00 $ 5,950.00 $6,468.44 $ 6,468.44 $20,000.00 $ 20,000.00 $25,000.00 $ 25,000.00 $5,950.00 $ 5,950.00 $11,000.00 $ 11,000.00 $7,000.00 $ 7,000.00
49 8120250 Plastic Drum, High Intensity, Furn Ea 56 $20.00 $ 1,120.00 $14.00 $ 784.00 $15.60 $ 873.60 $14.00 $ 784.00 $16.50 $ 924.00 $14.00 $ 784.00 $15.00 $ 840.00 $14.00 $ 784.00 $18.00 $ 1,008.00 $18.00 $ 1,008.00
50 8120251 Plastic Drum, High Intensity, Oper Ea 56 $1.00 $ 56.00 $1.00 $ 56.00 $1.10 $ 61.60 $1.00 $ 56.00 $6.21 $ 347.76 $1.00 $ 56.00 $1.00 $ 56.00 $1.00 $ 56.00 $0.10 $ 5.60 $5.00 $ 280.00
51 8120330 Sign, Portable, Changeable Message, Furn Ea 2 $2,300.00 $ 4,600.00 $1,850.00 $ 3,700.00 $2,058.00 $ 4,116.00 $1,850.00 $ 3,700.00 $2,180.03 $ 4,360.06 $1,850.00 $ 3,700.00 $2,500.00 $ 5,000.00 $1,850.00 $ 3,700.00 $1,500.00 $ 3,000.00 $2,000.00 $ 4,000.00
52 8120331 Sign, Portable, Changeable Message, Oper Ea 2 $300.00 $ 600.00 $200.00 $ 400.00 $22.50 $ 45.00 $200.00 $ 400.00 $235.68 $ 471.36 $200.00 $ 400.00 $100.00 $ 200.00 $200.00 $ 400.00 $50.00 $ 100.00 $300.00 $ 600.00
53 8120350 Sign, Type B, Temp, Prismatic, Furn Sft 433.5 $5.00 $ 2,167.50 $3.00 $ 1,300.50 $3.35 $ 1,452.23 $3.00 $ 1,300.50 $3.54 $ 1,534.59 $3.00 $ 1,300.50 $5.00 $ 2,167.50 $3.00 $ 1,300.50 $5.00 $ 2,167.50 $5.00 $ 2,167.50
54 8120351 Sign, Type B, Temp, Prismatic, Oper Sft 433.5 $1.00 $ 433.50 $1.00 $ 433.50 $1.10 $ 476.85 $1.00 $ 433.50 $6.21 $ 2,692.04 $1.00 $ 433.50 $1.00 $ 433.50 $1.00 $ 433.50 $0.10 $ 43.35 $5.00 $ 2,167.50
55 8120352 Sign, Type B, Temp, Prismatic, Spec, Furn Sft 80 $8.00 $ 640.00 $6.00 $ 480.00 $6.65 $ 532.00 $6.00 $ 480.00 $7.07 $ 565.60 $6.00 $ 480.00 $5.00 $ 400.00 $6.00 $ 480.00 $10.00 $ 800.00 $8.00 $ 640.00
56 8120353 Sign, Type B, Temp, Prismatic, Spec, Oper Sft 80 $1.00 $ 80.00 $1.00 $ 80.00 $1.10 $ 88.00 $1.00 $ 80.00 $6.21 $ 496.80 $1.00 $ 80.00 $1.00 $ 80.00 $1.00 $ 80.00 $0.10 $ 8.00 $5.00 $ 400.00
57 8160062 Topsoil Surface, Furn, 4 inch Syd 3211 $4.00 $ 12,844.00 $3.75 $ 12,041.25 $2.85 $ 9,151.35 $6.00 $ 19,266.00 $4.19 $ 13,454.09 $4.00 $ 12,844.00 $3.00 $ 9,633.00 $6.00 $ 19,266.00 $3.50 $ 11,238.50 $4.00 $ 12,844.00
58 8167011 Hydroseeding Syd 3211 $1.50 $ 4,816.50 $1.00 $ 3,211.00 $0.67 $ 2,151.37 $0.95 $ 3,050.45 $1.27 $ 4,077.97 $0.90 $ 2,889.90 $1.00 $ 3,211.00 $4.35 $ 13,967.85 $1.50 $ 4,816.50 $1.20 $ 3,853.20
59 8237001 Water Service, 1 inch, Copper Type K Ft 314 $40.00 $ 12,560.00 $22.00 $ 6,908.00 $34.00 $ 10,676.00 $26.75 $ 8,399.50 $44.95 $ 14,114.30 $30.00 $ 9,420.00 $20.00 $ 6,280.00 $29.40 $ 9,231.60 $34.00 $ 10,676.00 $35.00 $ 10,990.00
60 8237001 Water Service, Private Property Ft 211 $40.00 $ 8,440.00 $24.00 $ 5,064.00 $30.00 $ 6,330.00 $48.00 $ 10,128.00 $41.68 $ 8,794.48 $30.00 $ 6,330.00 $12.50 $ 2,637.50 $24.00 $ 5,064.00 $60.00 $ 12,660.00 $45.00 $ 9,495.00
61 8237001 Water Service, 2 inch, Copper Type K Ft 30 $60.00 $ 1,800.00 $35.00 $ 1,050.00 $57.80 $ 1,734.00 $42.00 $ 1,260.00 $57.24 $ 1,717.20 $42.00 $ 1,260.00 $35.00 $ 1,050.00 $58.70 $ 1,761.00 $45.00 $ 1,350.00 $55.00 $ 1,650.00
62 8237001 Watermain, DI, 6 inch, Tr Det G, Modified Ft 84 $60.00 $ 5,040.00 $72.00 $ 6,048.00 $87.00 $ 7,308.00 $95.00 $ 7,980.00 $90.67 $ 7,616.28 $50.00 $ 4,200.00 $50.00 $ 4,200.00 $77.50 $ 6,510.00 $90.00 $ 7,560.00 $95.00 $ 7,980.00
63 8237050 Water Service, Building Connection Ea 12 $300.00 $ 3,600.00 $630.00 $ 7,560.00 $2,669.00 $ 32,028.00 $445.00 $ 5,340.00 $1,467.47 $ 17,609.64 $900.00 $ 10,800.00 $2,250.00 $ 27,000.00 $1,500.00 $ 18,000.00 $1,400.00 $ 16,800.00 $750.00 $ 9,000.00
64 8237050 Meter Pit Complete Ea 4 $500.00 $ 2,000.00 $800.00 $ 3,200.00 $905.00 $ 3,620.00 $880.00 $ 3,520.00 $1,185.94 $ 4,743.76 $800.00 $ 3,200.00 $800.00 $ 3,200.00 $1,550.00 $ 6,200.00 $1,300.00 $ 5,200.00 $750.00 $ 3,000.00
65 8237050 Abandon Water Service Ea 1 $3,000.00 $ 3,000.00 $565.00 $ 565.00 $546.00 $ 546.00 $1,110.00 $ 1,110.00 $465.11 $ 465.11 $450.00 $ 450.00 $1,250.00 $ 1,250.00 $150.00 $ 150.00 $250.00 $ 250.00 $750.00 $ 750.00
66 8237050 Cut and Cap, 6 inch Watermain Ea 5 $1,300.00 $ 6,500.00 $750.00 $ 3,750.00 $769.00 $ 3,845.00 $1,725.00 $ 8,625.00 $792.73 $ 3,963.65 $400.00 $ 2,000.00 $1,850.00 $ 9,250.00 $773.00 $ 3,865.00 $1,100.00 $ 5,500.00 $950.00 $ 4,750.00
67 8237050 Hydrant, 6 inch, Standard Ea 5 $3,000.00 $ 15,000.00 $3,350.00 $ 16,750.00 $4,258.00 $ 21,290.00 $3,600.00 $ 18,000.00 $3,661.38 $ 18,306.90 $3,600.00 $ 18,000.00 $5,000.00 $ 25,000.00 $2,878.00 $ 14,390.00 $3,400.00 $ 17,000.00 $4,700.00 $ 23,500.00
68 8237050 Tapping Sleeve and Valve, 12 inch X 6 inch, With Box Ea 4 $2,800.00 $ 11,200.00 $3,265.00 $ 13,060.00 $2,026.00 $ 8,104.00 $4,120.00 $ 16,480.00 $3,532.14 $ 14,128.56 $3,500.00 $ 14,000.00 $3,250.00 $ 13,000.00 $2,769.00 $ 11,076.00 $3,700.00 $ 14,800.00 $3,500.00 $ 14,000.00
69 8237050 Tapping Sleeve and Valve, 8 inch x 6 inch, With Box Ea 1 $500.00 $ 500.00 $3,100.00 $ 3,100.00 $1,931.00 $ 1,931.00 $3,950.00 $ 3,950.00 $3,278.62 $ 3,278.62 $3,200.00 $ 3,200.00 $2,950.00 $ 2,950.00 $2,629.00 $ 2,629.00 $3,550.00 $ 3,550.00 $2,700.00 $ 2,700.00
70 8237050 Water Valve Box and Cover, Complete Ea 11 $350.00 $ 3,850.00 $500.00 $ 5,500.00 $443.50 $ 4,878.50 $700.00 $ 7,700.00 $327.25 $ 3,599.75 $1,000.00 $ 11,000.00 $350.00 $ 3,850.00 $469.00 $ 5,159.00 $600.00 $ 6,600.00 $750.00 $ 8,250.00
71 8257050 Manhole Special Detail, Storm Ea 1 $1,500.00 $ 1,500.00 $2,000.00 $ 2,000.00 $1,446.00 $ 1,446.00 $2,300.00 $ 2,300.00 $2,084.99 $ 2,084.99 $2,500.00 $ 2,500.00 $2,000.00 $ 2,000.00 $2,157.00 $ 2,157.00 $1,700.00 $ 1,700.00 $2,950.00 $ 2,950.00
72 8257050 Manhole Special Detail, Sanitary Ea 4 $1,500.00 $ 6,000.00 $3,165.00 $ 12,660.00 $2,903.00 $ 11,612.00 $3,200.00 $ 12,800.00 $2,511.59 $ 10,046.36 $3,500.00 $ 14,000.00 $3,500.00 $ 14,000.00 $3,471.00 $ 13,884.00 $2,300.00 $ 9,200.00 $3,500.00 $ 14,000.00
73 8237001 Corporation Stop, 1 inch Ea 13 $ - $500.00 $ 6,500.00 $290.00 $ 3,770.00 $450.00 $ 5,850.00 $197.79 $ 2,571.27 $700.00 $ 9,100.00 $550.00 $ 7,150.00 $274.00 $ 3,562.00 $625.00 $ 8,125.00 $600.00 $ 7,800.00
74 8237001 Curb Stop and Box, 1 inch Ea 9 $ - $700.00 $ 6,300.00 $360.50 $ 3,244.50 $450.00 $ 4,050.00 $336.35 $ 3,027.15 $1,000.00 $ 9,000.00 $650.00 $ 5,850.00 $469.00 $ 4,221.00 $650.00 $ 5,850.00 $600.00 $ 5,400.00
75 8237001 Corporation Stop, 2 inch Ea 1 $ - $970.00 $ 970.00 $590.50 $ 590.50 $626.00 $ 626.00 $906.92 $ 906.92 $1,500.00 $ 1,500.00 $750.00 $ 750.00 $839.00 $ 839.00 $975.00 $ 975.00 $1,500.00 $ 1,500.00
76 8237001 Curb Stop and Box, 2 inch Ea 1 $ - $1,020.00 $ 1,020.00 $617.00 $ 617.00 $760.00 $ 760.00 $866.30 $ 866.30 $1,400.00 $ 1,400.00 $985.00 $ 985.00 $888.00 $ 888.00 $975.00 $ 975.00 $1,500.00 $ 1,500.00
Total: $ 889,802.10 $ 829,357.35 $ 853,948.06 $ 857,235.65 $ 878,698.68 $ 889,145.80 $ 950,858.50 $ 982,508.85 $ 997,868.30 $ 1,091,692.90
Page 3 of 3
INDEX TO SHEETS CITY OF MUSKEGON
MICHIGAN AVE & FRANKLIN STREET
FROM LAKESHORE DR TO HUDSON ST.,
WESTERN AVE TO MICHIGAN AVE
TRAFFIC, SAFETY STANDARD PLANS
STANDARD PLANS
CONSTRUCTION INCLUDES 0.40 MILES OF HMA PAVEMENT
RECONSTRUCTION; INCLUDING HMA REMOVAL, HMA PAVEMENT,
WATER SERVICES, STORM SEWER, CONCRETE SIDEWALKS, CURB &
GUTTER, AND PAVEMENT MARKINGS ON MICHIGAN & FRANKLIN IN
THE CITY OF MUSKEGON, MUSKEGON COUNTY.
PREPARED UNDER THE SUPERVISION OF:
LEO EVANS, P.E.
CITY ENGINEER CITY OF MUSKEGON
ENGINEERING DEPARTMENT
1350 E KEATING AVE
55599 MUSKEGON MI 49442
REGISTRATION NUMBER
CITY OF MUSKEGON MICHIGAN & FRANKLIN,
OFFICE OF THE CITY ENGINEER LAKESHORE DR. TO HUDSON, WESTERN AVE TO MICH.
DRAWN F. PEASE JULY 20 REVISION
CHECKED REVISION
SURVEY F.PEASE 2019
H-92003
AS-BUILT PROJECT NO
APPROVED REVISION SCALE NO SCALESHEET NO 1 OF 10
MICHIGAN AVE & FRANKLIN ST CROSS SECTION AND DETAIL SHEET
CATCH BASIN CASTING
EAST JORDAN #7045
BRICK
4' MIN
BRICK
NOTE: 24"
ADJUSTMENT OF NEW DR STRUCTURES DRAINAGE STRUCTURE COVER EAST #1045 OR
WILL BE INCLUDED IN THE COST OF THE NEW JORDAN EQUAL TYPICAL
6" MIN ADJUSTMENT min 12"
DR STRUCTURES. ADJUSTMENT OF THE NEW DR
STRUCTURES WILL BE DONE IN ACCORDANCE WITH 6"
PLACE 8" THICK PNC SACK CONCRETE AROUND
DRAINAGE STRUCTURE COVER, ADJUST DETAIL. PRECAST CONCRETE
THE ADJUSTED CASTING STRUCK OFF 2"
4' MIN BELOW HMA, 3C LEVELING COURSE. AFTER (ASTM C-478)
24 HRS OF CURE TIME AND BEFORE HMA, 4C PROPOSED PIPE MIN CORE DIA 2"
TOP COURSE IS PLACED, PLACE 2" OF COMPACTED GREATER THAN PIPE O.D.
HMA, 3C OVER THE CONCRETE BASE FLUSH WITH 4"
THE HMA, 3C LEVELING COURSE. THIS
WORK INCLUDED IN THE PAY ITEM "DR
STRUCTURE COVER, ADJUST, CASE 1, MODIFIED
PLACE 2 INCHES OF HMA, 4E3 OVER
8 INCH CONCRETE BASE FLUSH
WITH HMA, 3C LEVELING COURSE SAW CUT EDGES
2" HMA, 4E3, TOP COURSE
2" HMA, 4E3, LEVELING COURSE
EXISTING 8" GRAVEL BASE
24"
4" PEA GRAVEL BASE REQUIRED
8" THICK PNC CONCRETE, STRIKE
OFF 2 INCHES BELOW HMA LEVELING COURSE.
6" MIN
18"
WHERE CALLED FOR ON PLANS "DRAINAGE
STRUCTURE, ADDITIONAL DEPTH, ADJUST,
MODIFIED" IS EQUAL TO OR EXCEEDS 2' THE
CONTRACTOR WILL USE PRECAST
48" TYP.
ECCENTRIC CONE SECTIONS CONFORMING
TO ASTM C-478.
LINE UP STEPS DRAINAGE STRUCTURE COVERS (MODIFIED)
EJ #1045 OR EQUAL-TYPE A SOLID COVER
EXISTING PRECAST CONC MORTARED CONC BRICK, CONC.
OR BRICK STRUCTURE BLOCK, OR 24" ID CONC.
REINFORCED ADJUSTING RINGS
24" 12 MIN"
PRE CAST CONCRETE
ECCENTRIC CONE
SECTION (ASTM C-478)
RUBBER O-RING SEAL
STEPS
PRE CAST CONCRETE 15"
(ASTM C-478) 6" PIPE PER
PLAN
ALL JOINTS INSIDE
AND OUT TO BE MORTARED 48" INSIDE DIAMETER
FOR MANHOLES ON SANITARY
CONSTRUCT CONCRETE FLOW SEWER LINES MAKE CONNECTIONS
CHANNEL WITH GRADE P1 CONCRETE FROM MANHOLE TO NEW PIPE
WITH NEOPRENE BOOTS AND
PRE CAST CONCRETE FOOTING
STAINLESS STEEL CLAMPS.
6"
DRAINAGE STRUCTURE COVERS 4" PEA GRAVEL BASE REQUIRED
6"
DETAIL UNIT TOTAL
QUANTITY TYPE CASTING DESCRIPTION WEIGHT WEIGHT
25 EA K CATCH BASIN CASTING EAST JORDAN #7045 OR EQUAL 490# 12,250#
MANHOLE CASTING EAST JORDAN #1045 OR EQUAL
33 EA B 330# 10,890#
TYPE A - SOLID COVER
LID SHALL BE SET FLUSH
WITH EXISTING GRADE
TOP SHALL BE IN ACCORDANCE WITH
THE MDOT STANDARD PLAN R-1-G
(PRECAST FLAT TOP SECTION
10.5 INCH
TO CENTER OF YOKE
CONFORMING TO ASTM C-478)
18 INCH TO 20 INCH
CATCH BASIN CASTING EAST
FORD HOOD STD. W-3 JORDAN #7045 AS CALLED
SUMMARY OF PAVEMENT CORING W / 11.5 INCH LID
OR APPROVED EQUAL
FROST LID
STOP FOR 1" COPPER
FOR ON PLANS
TO 3/4" METER
CORE # STATION # HMA THICKNESS GRAVEL THICKNESS SOIL TYPE TO 6-9.5' BELOW PAVT EXPANSION
HANDWHEEL
B-103 20+80 LT 6" 16" SAND: SILTY SAND FINE TO COURSE
B-104 15+30 RT 3" 6.75" SAND: SILTY SAND FINE TO MEDIUM
METER ADJUSTMENT
B-105 8+00 RT 4.5" 16" SAND: SILTY SAND FINE TO MEDIUM GUTTER
36 INCH
3/4 INCH
6" MIN
5.5 FOOT MINIMUM COVER
P.V.C. PIT YOKE BAR
YOKE "L" W/DRAIN
FOR 1" COPPER
TO 3/4" METER
PRECAST
20" I.D.
CONCRETE JOINTS SHALL BE RUBBER
(ASTM C-478) O-RING GASKETS
PIPE PER
PLAN INVERT
BRICK SUPPORT
4 REQUIRED
FLOW FLOW CONCRETE
FOOTING
WATER SERVICE - 1 INCH TYPE "K" COPPER
GRADE 'B'
WHERE POSSIBLE, EXISTING OUT SIDE METERS SHALL BE
RELOCATED, BY THE CITY, INSIDE THE RESIDENCE OR PLACE OF
BUSINESS. IF METERS HAVE TO REMAIN OUTSIDE, NEW METER PITS
SHALL BE INSTALLED ON THE PROPERTY LINE. ALL ABANDONED
METER PITS SHALL BE REMOVED BY THE CONTRACTOR, THE
REMOVAL TO BE INCLUDED IN THE NEW WATER SERVICE. 4" PEAGRAVEL BASE REQUIRED
CITY OF MUSKEGON MICHIGAN AVE, FRANKLIN ST.
3 WORKING DAYS
EXCLUDING SAT, SUN & HOLIDAYS OFFICE OF THE CITY ENGINEER LSD TO HUDSON, WESTERN TO MICHIGAN
Know what's below.
DRAWN F. PEASE JUL 20 REVISION
CHECKED REVISION
SURVEY F.PEASE 2019
H-92003
AS-BUILT PROJECT NO
Call before you dig.
APPROVED REVISION SCALE NO SCALESHEET NO 2 OF 10
LINE
QUANTITIES THIS SHEET
DESCRIPTION QUANTITIES UNIT
AGGREGATE BASE, 8 INCH 1547 SYD
GV
CATCH BASIN SPECIAL DETAIL 2 EA
CATCH BASIN 2 FT ID SPECIAL DETAIL 2 EA
CURB AND GUTTER, CONC, DET F4 769 FT
CURB RAMP OPENING, CONC 16 FT
CUT AND CUT, 6 INCH WATERMAIN 1 EA
DETECTABLE WARNING 10 FT
DR STRUCTURE, ADD DEPTH OF 48 INCH DIA, 8 FOOT TO 15 FT 3 FT
DR STRUCTURE, REM, MODIFIED 4 EA
3+00
4+00
5+00
6+00
DR STRUCTURE COVER, TYPE B, MODIFIED 4 EA
2+
69
DR STRUCTURE COVER, TYPE K, MODIFIED 4 EA
.6
3
DR STRUCTURE COVER, ADJ, CASE I, MODIFIED 2 EA
DR STRUCTURE, TAP, 12 INCH 4 EA
DRIVEWAY OPENING, CONC, DET M 90 FT
DRIVEWAY, NONREINF CONC, 6 INCH 43 SYD
EROSION CONTROL, INLET PROTECTION, FABRIC DROP 4 EA
HAND PATCHING 11 TON
MATCH
HMA, 4E3 344 TON
HYDRANT, 6 INCH, STANDARD 1 EA
2+ HYDROSEEDING 737 SYD
00
MACHINE GRADING, MODIFIED 4.2 STA
MANHOLE SPECIAL DETAIL, SANITARY 2 EA
1+
84 PAVT, REM, MODIFIED 2144 SYD
.6
2 SEWER, CL E, 12 INCH, TR DET B 159 FT
SEWER, PVC SDR 35, 6 INCH, TR DET B, MODIFIED 7 FT
SEWER, PVC SDR 35, 10 INCH, TR DET B, MODIFIED 404 FT
Station
1+00 2+00
Profile View of Michigan Ave
3+00 4+00 5+00 6+00
SEWER, REM, LESS THAN 24 INCH
SEWER TAP, 6 INCH
SEWER TAP, 10 INCH
24
1
1
FT
EA
EA
SIDEWALK, CONC, 4 INCH 2937 SF
SIDEWALK, CONC, 6 INCH 1250 SF
SIDEWALK RAMP, CONC, 6 INCH 60 SF
SIDEWALK, REM 333 SYD
620.0 620.0
TAPPING SLEEVE AND VALVE, 12 INCH X 6 INCH, WITH BOX 1 EA
TOPSOIL SURFACE, FURN, 4 INCH 737 SYD
WATERMAIN, DI, 6 INCH, TR DET G, MODIFIED 14 FT
WATER VALVE BOX AND COVER, COMPLETE 2 EA
615.0 615.0
610.0 610.0
Elevation
Elevation
605.0 605.0
3 WORKING DAYS
600.0 600.0 EXCLUDING SAT, SUN & HOLIDAYS
DIG
MISS
595.0 595.0
590.0 590.0
SCALE: 1"=20'
VERT. SCALE: 1"=4'
585.0 585.0
606.426
608.638
619.960
603.741
601.039
617.920
615.823
613.631
606.43
604.09
623.54
608.78
616.36
613.99
618.46
611.216
620.16
622.01
601.68
611.44
CITY OF MUSKEGON MICHIGAN & FRANKLIN,
OFFICE OF THE CITY ENGINEER LAKESHORE DR. TO HUDSON, WESTERN AVE TO MICH.
DRAWN F. PEASE JULY 20 REVISION
CHECKED REVISION
SURVEY F.PEASE 2019
H-92003
1+00 2+00 3+00 4+00 5+00 6+00 APPROVED REVISION
AS-BUILT
SCALE NO SCALESHEET NO
PROJECT NO
3 OF 10
QUANTITIES THIS SHEET
DESCRIPTION QUANTITIES UNIT
AGGREGATE BASE, 8 INCH 1787 SYD
CATCH BASIN SPECIAL DETAIL 3 EA
CATCH BASIN 2 FT ID SPECIAL DETAIL 3 EA
CORPORATION STOP, 1 INCH 7 EA
CURB STOP AND BOX, 1 INCH 4 EA
CURB AND GUTTER, CONC, DET F4 1040 FT
CURB RAMP OPENING, CONC 36 FT
CUT AND CUT, 6 INCH WATERMAIN 1 EA
LINE
DETECTABLE WARNING 25 FT
DR STRUCTURE, ADD DEPTH OF 48 INCH DIA, 8 FOOT TO 15 FT 2 FT
LINE
DR STRUCTURE, REM, MODIFIED 7 EA
IV DR STRUCTURE COVER, TYPE B, MODIFIED 10 EA
IV
DR STRUCTURE COVER, TYPE K, MODIFIED 6 EA
DR STRUCTURE, ADJ, ADD DEPTH, MODIFIED 5 FT
DR STRUCTURE COVER, ADJ, CASE I, MODIFIED 8 EA
DR STRUCTURE, TAP, 12 INCH 5 EA
DRIVEWAY, NONREINF CONC, 6 INCH 110 SYD
EROSION CONTROL, INLET PROTECTION, FABRIC DROP 6 EA
HMA, 4E3 414 TON
6+00
9+00
11+00
8+00
7+00
10+00
HYDRANT, 6 INCH, STANDARD 1 EA
HYDROSEEDING 840 SYD
MATCH
MACHINE GRADING, MODIFIED 5 STA
MANHOLE SPECIAL DETAIL, SANITARY 2 EA
452 297 METER PIT COMPLETE 3 EA
MP 596.038 MP 594.320
MP MP PAVT, REM, MODIFIED 2543 SYD
464
CS MP MP 596.043 CS
SEWER, CL E, 12 INCH, TR DET B 194 FT
MP
MP TREE 25"- 36" TREE 13"- 24" TREE 25"- 36" CS CS
MP SEWER, PVC SDR 35, 8 INCH, TR DET B, MODIFIED 16 FT
MATCH
SEWER, PVC SDR 35, 10 INCH, TR DET B, MODIFIED 168 FT
TREE 13"- 24" SEWER, REM, LESS THAN 24 INCH 90 FT
SEWER TAP, 8 INCH 1 EA
SEWER TAP, 10 INCH 1 EA
SIDEWALK, CONC, 4 INCH 3336 SF
SIDEWALK, CONC, 6 INCH 150 SF
SIDEWALK RAMP, CONC, 6 INCH 230 SF
SIDEWALK, REM 294 SYD
TAPPING SLEEVE AND VALVE, 12 INCH X 6 INCH, WITH BOX 1 EA
TOPSOIL SURFACE, FURN, 4 INCH 840 SYD
WATERMAIN, DI, 6 INCH, TR DET G, MODIFIED 14 FT
WATER VALVE BOX AND COVER, COMPLETE 3 EA
Station
6+00 7+00
Profile View of Michigan Ave
8+00 9+00 10+00 11+00
WATER SERVICE, 1 INCH, COPPER TYPE K
WATER SERVICE, PRIVATE PROPERTY
WATER SERVICE, BUILDING CONNECTION
166
120
7
FT
FT
EA
605.0 605.0
WATER SERVICE SCHEDULE, ROW
CORPORATION CURB STOP AND WATER METER WATER SERVICE 1 PRIVATE PROPERTY BUILDING
STATION STOP, 1 INCH BOX, 1 INCH PIT COMPLETE INCH, COPPER TYPE K (FT) CONNECTION
7+74 RT 1 EA 1 EA 23 FT 20 FT I EA
8+29 RT 1 EA 1 EA 23 FT 17 FT 1 EA
600.0 600.0 8+66
9+11
RT
RT
1
1
EA
EA 1 EA
1 EA 23
24
FT
FT
20 FT
13 FT
1
1
EA
EA
9+53 RT 1 EA 1 EA 24 FT 13 FT 1 EA
10+27 RT 1 EA 1 EA 24 FT 21 FT 1 EA
Elevation
10+80 RT 1 EA 1 EA 25 FT 16 FT 1 EA
Elevation
3 WORKING DAYS
EXCLUDING SAT, SUN & HOLIDAYS
595.0 595.0
603
DIG
MISS
590.0 590.0
SCALE: 1"=20'
VERT. SCALE: 1"=4'
585.0 585.0
595.966
595.469
594.043
594.658
594.972
593.726
597.748
596.601
594.351
599.510
601.039
599.65
596.63
593.66
594.56
594.86
593.90
595.98
594.19
597.91
601.68
CITY OF MUSKEGON MICHIGAN & FRANKLIN,
OFFICE OF THE CITY ENGINEER LAKESHORE DR. TO HUDSON, WESTERN AVE TO MICH.
DRAWN F. PEASE JULY 20 REVISION
CHECKED REVISION
SURVEY F.PEASE 2019
H-92003
AS-BUILT PROJECT NO
APPROVED REVISION SCALE NO SCALESHEET NO 4 OF 10
6+00 7+00 8+00 9+00 10+00 11+00
LINE
LINE
19+26
IRRIG IRRIG
GV
QUANTITIES THIS SHEET
DESCRIPTION QUANTITIES UNIT
AGGREGATE BASE, 8 INCH 1976 SYD
12+74.28
CATCH BASIN SPECIAL DETAIL 2 EA
14+00
15+00
16+00
11+00
12+00
13+00
CATCH BASIN 2 FT ID SPECIAL DETAIL 6 EA
CORPORATION STOP, 1 INCH 6 EA
CURB STOP AND BOX, 1 INCH 5 EA
CURB AND GUTTER, CONC, DET F4 1041 FT
CURB RAMP OPENING, CONC 80 FT
CS CS MP
825
MP 595.300CS CUT AND CUT, 6 INCH WATERMAIN 1 EA
18+50 MP DETECTABLE WARNING 67 FT
CS CS
DR STRUCTURE, REM, MODIFIED 10 EA
TREE 25"- 36"
MATCH
MATCH
DR STRUCTURE COVER, TYPE B, MODIFIED 8 EA
DR STRUCTURE COVER, TYPE K, MODIFIED 8 EA
DR STRUCTURE, ADJ, ADD DEPTH, MODIFIED 3 FT
DR STRUCTURE COVER, ADJ, CASE I, MODIFIED 8 EA
DR STRUCTURE, TAP, 12 INCH 5 EA
DRIVEWAY, NONREINF CONC, 6 INCH 117 SYD
EROSION CONTROL, INLET PROTECTION, FABRIC DROP 8 EA
HMA, 4E3 460 TON
HYDRANT, 6 INCH, STANDARD 1 EA
HYDROSEEDING 719 SYD
MACHINE GRADING, MODIFIED 5 STA
METER PIT COMPLETE 1 EA
PAVT, REM, MODIFIED 2726 SYD
SEWER, CL E, 12 INCH, TR DET B 269 FT
WATER SERVICE SCHEDULE, ROW
CORPORATION CURB STOP AND WATER METER WATER SERVICE 1 PRIVATE PROPERTY BUILDING
SEWER, REM, LESS THAN 24 INCH 106 FT
STATION STOP, 1 INCH BOX, 1 INCH PIT COMPLETE INCH, COPPER TYPE K (FT) CONNECTION SIDEWALK, CONC, 4 INCH 2450 SF
11+19 RT 1 EA 1 EA 25 FT 16 FT I EA
11+63 RT 1 EA 1 EA 25 FT 17 FT 1 EA SIDEWALK, CONC, 6 INCH 277 SF
14+10 RT 1 EA 1 EA 20 FT VACANT LOT
14+48 RT 1 EA 1 EA 20 FT VACANT LOT SIDEWALK RAMP, CONC, 6 INCH 386 SF
15+39 RT 1 EA 1 EA 29 FT 39 FT 1 EA SIDEWALK, REM 328 SYD
15+53 RT 1 EA 1 EA 29 FT 19 FT 1 EA
TAPPING SLEEVE AND VALVE, 12 INCH X 6 INCH, WITH BOX 1 EA
TOPSOIL SURFACE, FURN, 4 INCH 719 SYD
Profile View of Michigan Ave
WATERMAIN, DI, 6 INCH, TR DET G, MODIFIED 17 FT
Station WATER VALVE BOX AND COVER, COMPLETE
WATER SERVICE, 1 INCH, COPPER TYPE K
2
148
EA
FT
11+00 12+00 13+00 14+00 15+00 16+00 WATER SERVICE, PRIVATE PROPERTY 91 FT
600.0 600.0 WATER SERVICE, BUILDING CONNECTION 4 EA
Elevation
595.0 595.0
Elevation
SCALE: 1"=20'
VERT. SCALE: 1"=4'
590.0 590.0
3 WORKING DAYS
EXCLUDING SAT, SUN & HOLIDAYS
DIG
MISS
585.0 585.0
592.976
593.726
593.477
593.735
593.023
592.835
593.528
593.419
593.143
593.310
593.66
592.99
593.101
592.97
594.48
593.57
593.23
593.27
593.87
594.17
593.12
593.18
CITY OF MUSKEGON MICHIGAN & FRANKLIN,
11+00 12+00 13+00 14+00 15+00 16+00 OFFICE OF THE CITY ENGINEER LAKESHORE DR. TO HUDSON, WESTERN AVE TO MICH.
DRAWN F. PEASE JULY 20 REVISION
CHECKED REVISION
SURVEY F.PEASE 2019
H-92003
AS-BUILT PROJECT NO
APPROVED REVISION SCALE NO SCALESHEET NO 5 OF 10
LINE
QUANTITIES THIS SHEET
DESCRIPTION QUANTITIES UNIT
AGGREGATE BASE, 8 INCH 993 SYD
CATCH BASIN SPECIAL DETAIL 1 EA
CATCH BASIN 2 FT ID SPECIAL DETAIL 2 EA
CORPORATION STOP, 2 INCH 1 EA
CURB STOP AND BOX, 2 INCH 1 EA
CURB AND GUTTER, CONC, DET F4 534 FT
18+24.81
CURB RAMP OPENING, CONC 41 FT
17+00
16+00
18+00
CUT AND CUT, 6 INCH WATERMAIN 1 EA
DETECTABLE WARNING 30 FT
DR STRUCTURE, REM, MODIFIED 4 EA
DR STRUCTURE COVER, TYPE B, MODIFIED 3 EA
IRRIG DR STRUCTURE COVER, TYPE K, MODIFIED 3 EA
806 CS DR STRUCTURE, ADJ, ADD DEPTH, MODIFIED 3.1 FT
MP 596.438
MP DR STRUCTURE COVER, ADJ, CASE I, MODIFIED 2 EA
DR STRUCTURE, TAP, 12 INCH 3 EA
MATCH
EROSION CONTROL, INLET PROTECTION, FABRIC DROP 4 EA
HMA, 4E3 230 TON
HYDRANT, 6 INCH, STANDARD 1 EA
HYDROSEEDING 230 SYD
MACHINE GRADING, MODIFIED 2.4 STA
PAVT, REM, MODIFIED 1340 SYD
SEWER, CL E, 12 INCH, TR DET B 88 FT
SIDEWALK, CONC, 4 INCH 1460 SF
SIDEWALK RAMP, CONC, 6 INCH 357 SF
SIDEWALK, REM 245 SYD
TAPPING SLEEVE AND VALVE, 8 INCH X 6 INCH, WITH BOX 1 EA
TOPSOIL SURFACE, FURN, 4 INCH 230 SYD
WATERMAIN, DI, 6 INCH, TR DET G, MODIFIED 16 FT
WATER VALVE BOX AND COVER, COMPLETE 3 EA
WATER SERVICE, 2 INCH, COPPER TYPE K 30 FT
WATER SERVICE, PRIVATE PROPERTY FT
WATER SERVICE, BUILDING CONNECTION 1 EA
ABANDON WATER SERVICE 1 EA
Station
16+00
Profile View of Michigan Ave
17+00 18+00 19+00
600.0 600.0 WATER SERVICE SCHEDULE, ROW
CORPORATION CURB STOP AND WATER METER WATER SERVICE 2 PRIVATE PROPERTY BUILDING
STATION STOP, 2 INCH BOX, 2 INCH PIT COMPLETE INCH, COPPER TYPE K (FT) CONNECTION
Elevation
16+68 RT 1 EA 1 EA 30 FT I EA
Elevation
595.0 595.0
590.0 590.0
595.496
594.983
594.560
593.735
594.149
596.03
594.48
595.86
595.50
594.80
16+00 17+00 18+00 19+00
603 3 WORKING DAYS
EXCLUDING SAT, SUN & HOLIDAYS
SCALE: 1"=20'
DIG
MISS
VERT. SCALE: 1"=4' CITY OF MUSKEGON MICHIGAN & FRANKLIN,
OFFICE OF THE CITY ENGINEER LAKESHORE DR. TO HUDSON, WESTERN AVE TO MICH.
DRAWN F. PEASE JULY 20 REVISION
CHECKED REVISION
SURVEY F.PEASE 2019
H-92003
AS-BUILT PROJECT NO
APPROVED REVISION SCALE NO SCALESHEET NO 6 OF 10
LINE
QUANTITIES THIS SHEET
DESCRIPTION QUANTITIES UNIT
20+00
22+00
22+79.51
19+26
21+00
AGGREGATE BASE, 8 INCH 1242 SYD
CATCH BASIN 2 FT ID SPECIAL DETAIL 4 EA
CURB AND GUTTER, CONC, DET F4 739 FT
CURB RAMP OPENING, CONC 8 FT
CUT AND CUT, 6 INCH WATERMAIN 1 EA
DETECTABLE WARNING 5 FT
DRIVEWAY, NONREINF CONC, 8 INCH 74 SYD
GAS
DR STRUCTURE, REM, MODIFIED 8 EA
MATCH
DR STRUCTURE COVER, TYPE B, MODIFIED 8 EA
DR STRUCTURE COVER, TYPE K, MODIFIED 4 EA
DR STRUCTURE, ADJ, ADD DEPTH, MODIFIED 3.6 FT
DR STRUCTURE COVER, ADJ, CASE I, MODIFIED 8 EA
DR STRUCTURE, TAP, 12 INCH 2 EA
EROSION CONTROL, INLET PROTECTION, FABRIC DROP 7 EA
HMA, 4E3 287 TON
HYDRANT, 6 INCH, STANDARD 1 EA
HYDROSEEDING 454 SYD
MACHINE GRADING, MODIFIED 3.5 STA
MANHOLE SPECIAL DETAIL, STORM 1 EA
PAVT, REM, MODIFIED 1625 SYD
SEWER BULKHEAD, 12 INCH 2 EA
SEWER, CL E, 12 INCH, TR DET B 65 FT
SEWER, DUCTILE IRON, CL 52, 12 INCH, TR DET B 31 FT
SIDEWALK, CONC, 4 INCH 1528 SF
SIDEWALK, CONC, 8 INCH 286 SF
SIDEWALK RAMP, CONC, 6 INCH 43 SF
SIDEWALK, REM 85 SYD
Profile View of Franklin St.
TAPPING SLEEVE AND VALVE, 12 INCH X 6 INCH, WITH BOX 1 EA
Station TOPSOIL SURFACE, FURN, 4 INCH
WATERMAIN, DI, 6 INCH, TR DET G, MODIFIED
454
23
SYD
FT
19+26 20+00 21+00 22+00 22+96 WATER VALVE BOX AND COVER, COMPLETE 1 EA
605.0 605.0 ABANDON WATER SERVICE EA
600.0 600.0
Elevation
Elevation
595.0 595.0
590.0 590.0
585.0 585.0
3 WORKING DAYS
EXCLUDING SAT, SUN & HOLIDAYS
SCALE: 1"=20' 603
DIG
MISS
VERT. SCALE: 1"=4'
592.496
593.294
592.250
591.906
592.165
591.894
593.134
592.815
593.29
592.64
593.30
592.74
592.50
592.22
592.88
593.41
592.41
19+26 20+00 21+00 22+00 22+95.83
CITY OF MUSKEGON MICHIGAN & FRANKLIN,
OFFICE OF THE CITY ENGINEER LAKESHORE DR. TO HUDSON, WESTERN AVE TO MICH.
DRAWN F. PEASE JULY 20 REVISION
CHECKED REVISION
SURVEY F.PEASE 2019
H-92003
AS-BUILT PROJECT NO
APPROVED REVISION SCALE NO SCALESHEET NO 7 OF 10
TRAFFIC CONTROL DETAILS SIGN DESCRIPTION
ESTIMATED QUANTITIES
SIGN, TYPE B TEMPORARY
QUANTITY AREA TOTAL AREA
G20-2 END ROAD WORK 2 8 SFT 16 SFT
M4-8A DETOUR ENDS 2 4 SFT 8 SFT
M4-10 LT DETOUR ARROW LEFT 1 6 SFT 6 SFT
M4-9 UP DETOUR UP 6 5 SFT 30 SFT
M4-9 RT DETOUR RT 2 5 SFT 10 SFT
M4-9 LT DETOUR LT 1 5 SFT 5 SFT
M4-10 RT DETOUR ARROW RIGHT 1 6 SFT 6 SFT
R5-18C WORK ZONE BEGINS 2 16 SFT 32 SFT
RII-2 ROAD CLOSED 5 10 SFT 50 SFT
RII-4 ROAD CLOSED TO THRU TRAFFIC 5 12.5 SFT 62.5 SFT
W20-2 DETOUR AHEAD 2 16 SFT 32 SFT
W20-3 ROAD CLOSED AHEAD 5 16 SFT 80 SFT
W21-4 ROAD WORK AHEAD 6 16 SFT 96 SFT
TOTAL 433.5 SFT
W21-4
SS-1
R
X
R
ABLE MESSAGE , OPER
SIGN, PORTABLE, CHANGE
ESTIMATED QUANTITIES
SIGN, TYPE B TEMPORARY, SPECIAL
W20-3
SIGN DESCRIPTION QUANTITY AREA TOTAL AREA
SS-1 FRANKLIN/ MICHIGAN 9 8 SFT 72 SFT
R
X
R
R5-18C SS-2 W. WESTERN OPEN 1 8 SFT 8 SFT
TOTAL 80 SFT
W20-2
ESTIMATED TRAFFIC CONTROL DEVICES
R X1 R
EA BARRICADE, TYPE III
1 EA R11-4
1 EA M4-10L
2 EA PLASTIC DRUM
SS-2
MINOR TRAFFIC DEVICES 1 LS
BARRICADE, TYPE III, HIGH INTENSITY, LIGHTED, FURN 9 EA
BARRICADE, TYPE III, HIGH INTENSITY, LIGHTED, OPER 9 EA
G20-2 PLASTIC DRUM, HIGH INTENSITY, FURN 31 EA
1 EA BARRICADE, TYPE III
1 EA M4-10L PLASTIC DRUM, HIGH INTENSITY, OPER 31 EA
1 EA R11-2
4 EACH PLASTIC DRUM
M4-8A
SIGN, TYPE B, TEMP, PRISMATIC, FURN 433.5 SFT
M4-9R
SIGN, TYPE B, TEMP, PRISMATIC, OPER 433.5 SFT
SIGN, TYPE B, TEMP, PRISMATIC, SPECIAL, FURN 80 SFT
1 EA BARRICADE, TYPE III SIGN, TYPE B TEMP, PRISMATIC, SPECIAL, OPER 80 SFT
1 EA R11-2
SIGN, PORTABLE, CHANGEABLE MESSAGE. FURN
RXR
4 EACH PLASTIC DRUM
2 EA
SIGN, PORTABLE, CHANGEABLE MESSAGE. OPER 2 EA
MAINTENANCE GRAVEL, LM 200 CYD
DUST PALLIATIVE, APPLIED 5 TON
1 EA BARRICADE, TYPE III 1 EA BARRICADE, TYPE III
1 EA R11-2 1 EA R11-2
1 EA BARRICADE, TYPE III
4 EACH PLASTIC DRUM 4 EACH PLASTIC DRUM
1 EA R11-2
5 EA PLASTIC DRUM 1 EA BARRICADE, TYPE III
1 EA R11-4
1 EA BARRICADE, TYPE III
1 EA R11-4 1 EA BARRICADE, TYPE III 1 EA BARRICADE, TYPE III
2 EACH PLASTIC DRUM TRAFFIC CONTROL NOTES:
1 EA M4-10R 1 EA R11-4 1 EA R11-4 M4-9UP
M4-8A 2 EACH PLASTIC DRUM 2 EACH PLASTIC DRUM
2 EA PLASTIC DRUM
M4-9UP M4-9UP 1. THE CONTRACTOR SHALL MAINTAIN ACCESS TO BUSINESSES, RESIDENCES, AND CROSS
STREETS WITH MAINTENANCE GRAVEL AS DIRECTED BY THE ENGINEER. CONTRACTOR
M4-9R MAY USE THE EXISTING AGGREGATE BASE FOR MAINTENANCE GRAVEL OR HMA
MILLINGS. AGGREGATE OR HMA MILLINGS USED TO MAINTAIN TRAFFIC WILL BE PAID
G20-2
R5-18C M4-9UP M4-9L AT THE BID PROPOSAL UNIT PRICE FOR MAINTENANCE GRAVEL.
M4-9UP M4-9UP
3. IN ADDITION TO THE 31 PLASTIC BARRELS USED FOR CHANNELING DEVICES AND ROAD
W20-2 CLOSURES, THE CONTRACTOR WILL SUPPLY AN ADDITIONAL 25 PLASTIC BARRELS FOR
W20-3 MARKING TEMPORARY DRIVES, BLOCKING EXISTING DRIVES, AND SIDEWALKS, ETC. AS
W20-3 W20-3
SS-1 SS-1
SS-1 DIRECTED BY THE ENGINEER.
W20-3
W21-4 W21-4
SS-1 SS-1
SPECIAL SIGNS
W21-4 W21-4
SS-1 SS-1
ABLE MESSAGE , OPER
SS-1
SIGN, PORTABLE, CHANGE
W21-4
SS-1
FRANKLIN/
24"
MICHIGAN
4"
48"
SS-2
W. WESTERN
24"
OPEN
4"
48"
CITY OF MUSKEGON MICHIGAN & FRANKLIN
OFFICE OF THE CITY ENGINEER LSD TO HUDSON, WESTERN TO MICH.
DRAWN
CHECKED
F. PEASE JULY 20 REVISION
REVISION
SURVEY F. PEASE
AS-BUILT
2019
H-92003
PROJECT NO
APPROVED NO SCALE SHEET NO 8 OF 10
PERMANENT SIGNING AND PAVEMENT MARKING DETAIL
STA 3+56 TO 7+75
STA 1+84 TO 8+00 91 FT PAVT MRKG, WATERBORNE, 4 INCH, YELLOW
8 EA PAVT MRKG, OVLY COLD PLASTIC SHARROW SYMBOL (SKIP YELLOW)
6 FT PAVT MRKG, OVLY COLD PLASTIC, 4 INCH, WHITE
145 FT PAVT MRKG, WATERBORNE, 4 INCH, YELLOW
(SOLID DOUBLE YELLOW)
MICHIGAN AVE
LINE
PROP EDGE METEL
11.0'
3+00
4+00
5+00
6+00
7+00
8+00
2+
11.0'
69
.6
3
8.0'
PROP EDGE METEL
MATCH
8.
0'
2+
00
STA 1+84 TO 6+91
496 FT PAVT MRKG, WATERBORNE, 6 INCH, WHITE STA 4+57 TO 7+47
1+
84 195 FT PAVT MRKG, OVLY COLD PLASTIC, 6 INCH, CROSSWALK
.6
2
14 FT PAVT MRKG, OVLY COLD PLASTIC, 18 INCH, STOP BAR
STA 12+74 TO 13+16
34 FT PAVT MRKG, OVLY COLD PLASTIC, 18 INCH, STOP BAR
STA 8+00 TO 12+25
117 FT PAVT MRKG, WATERBORNE, 4 INCH, YELLOW
(SKIP YELLOW)
19+26
MICHIGAN AVE
LINE
LINE
PROP EDGE METEL
11.0'
12+74.28
8+00
9+00
10+00
11+00
12+00
13+00
13+21
PROP EDGE METEL
MATCH
MATCH
18+50
STA 8+30 TO 11+66 STA 8+00 TO 13+21
38 FT PAVT MRKG, OVLY COLD PLASTIC, 4 INCH, WHITE 2 EA PAVT MRKG, OVLY COLD PLASTIC SHARROW SYMBOL
STA 12+53 TO 13+11
148 FT PAVT MRKG, OVLY COLD PLASTIC, 6 INCH, CROSSWALK
PARKING ELL OR TEE
CONC CURB & GUTTER
PAVT MRKG, OVLY COLD PLASTIC, 4 INCH, WHITE
PARKING ELL AND TEE DETAIL PROPOSED PARKING LAYOUT DETAIL CITY OF MUSKEGON michigan ave, franklin st.
NO SCALE
NO SCALE
OFFICE OF THE CITY ENGINEER
LSD TO HUDSON, WESTERN TO MICHIGAN
DRAWN
CHECKED
F. PEASE 2019 REVISION
REVISION
SURVEY
H-92003
AS-BUILT PROJECT NO
APPROVED REVISION SCALE NO SCALE SHEET NO 9 OF 10
PERMANENT SIGNING AND PAVEMENT MARKING DETAIL
STA 13+21 TO 17+84
130 FT PAVT MRKG, WATERBORNE, 4 INCH, YELLOW
(SKIP YELLOW)
MICHIGAN AVE
LINE
PROP EDGE METEL
15.0'
18+24.81
14+00
15+00
16+00
17+00
18+00
13+21
15.0'
PROP EDGE METEL
MATCH
STA 17+96 TO 18+42
195 FT PAVT MRKG, OVLY COLD PLASTIC, 6 INCH, CROSSWALK
STA 19+26 TO 22+22
44 FT PAVT MRKG, OVLY COLD PLASTIC, 4 INCH, WHITE
STA 19+26 TO 22+79
91 FT PAVT MRKG, WATERBORNE, 4 INCH, YELLOW
(SKIP YELLOW)
FRANKLIN ST.
LINE
TOTAL PERMANENT PAVEMENT MARKING QUANTITIES
PROP EDGE METEL
PAVT MRKG, WATERBORNE, 4 INCH, YELLOW 574 FT
PAVT MRKG, OVLY COLD PLASTIC, 4 INCH, WHITE 88 FT
20+00
22+00
19+26
22+79.51
21+00
PAVT MRKG, WATERBORNE, 6 INCH, WHITE 496 FT
PAVT MRKG, OVLY COLD PLASTIC, 18 INCH, STOP BAR 48 FT
11.0'
11.0'
PAVT MRKG, OVLY COLD PLASTIC, 6 INCH, CROSSWALK 609 FT
PROP EDGE METEL
PAVT MRKG, OVLY COLD PLASTIC SHARROW SYMBOL 14 EA
MATCH
STA 22+54 TO 22+61
71 FT PAVT MRKG, OVLY COLD PLASTIC, 6 INCH, CROSSWALK
STA 19+26 TO 22+32
4 EA PAVT MRKG, OVLY COLD PLASTIC SHARROW SYMBOL
CITY OF MUSKEGON michigan ave, franklin st.
OFFICE OF THE CITY ENGINEER
LSD TO HUDSON, WESTERN TO MICHIGAN
DRAWN
CHECKED
F. PEASE 2019 REVISION
REVISION
SURVEY
H-92003
AS-BUILT PROJECT NO
APPROVED REVISION SCALE NO SCALE SHEET NO 10 OF 10
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 12/08/2020 Title: Beach Street Expanded Parking
Submitted By: Leo Evans Department: Public Works
Brief Summary: Authorize staff to approve Amendment #001 to the contract with DLZ to provide
the design engineering services related to design and construction oversight of the proposed
expansion of parking and construction of a pedestrian boardwalk along Beach Street within Pere
Marquette Park.
Detailed Summary:
Following up on a topic from earlier in November staff has solicited a proposal to provide engineering
services related to constructing additional parking and a pedestrian boardwalk along Beach Street as a
part of the currently active county water main project.
DLZ provided the original engineering for the project and this amendment includes the design work
necessary to complete a design as shown in the attachment. DPW reviewed the proposal from DLZ
and was unable to provide a matching service in house based on prior commitments for Engineering
Department staff. The proposed amendment was reviewed and deemed reasonable based on the
estimated cost of the project.
If approved DLZ will complete the attached design and work with the current contractor (Hallack
Contracting) to prepare a detailed change order for the additional work.
After design work is completed staff would return to Commission with Amendment #002 to the DLZ
Contract for the Construction Engineering Services ($36,500 as shown in attached proposal) and with
a change order for Hallack Contracting for a TBD amount to amend the existing contract for the Beach
Street construction.
Amount Requested: $31,000.00 Amount Budgeted: $0
Fund(s) or Account(s): 404-91917-5346 Fund(s) or Account(s): Propose to add 404-
91917-5346 to a future reforecast. 91917 is
the designation for the current project on
Beach Street though only contains funding
from 202 and 591.
Recommended Motion:
Authorize staff to approve the design engineering portion of the DLZ proposal as Amendment #001
to our existing contract with DLZ to provide design engineering services related to the expanded
beach parking and pedestrian paths within Pere Marquette Park.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
December 1, 2020
Mr. Leo Evans, Director
City of Muskegon
1350 Keating Avenue
Muskegon, Michigan 49442
Re: Proposal for Professional Engineering Services for Beach Street Parking and Pedestrian Facilities
Improvements
Dear Mr. Evans:
DLZ Michigan, Inc. (DLZ) is pleased to submit this proposal for professional engineering and surveying services
to the City of Muskegon (CITY) for proposed parking and pedestrian facility improvements near Pere Marquette
Beach. Appendix A contains a preliminary conceptual layout of proposed parking and pedestrian improvements
for the project.
BACKGROUND
DLZ’s understanding of the project is based on discussions with CITY staff, County staff and current work in the
area. The scope of the project consists of parking and pedestrian improvements along Beach Street starting at
the south ovals intersection and extending south to a proposed pedestrian crossing near the Water filtration
Plant. The proposed project would be constructed as part of the Muskegon Channel Crossing Contact No. 1 –
Beach Street project that is currently being constructed. It is anticipated construction would commence in mid-
April of 2021 and would be open for traffic by mid-June of 2021. The construction work is planned to be
performed by Hallack Contracting, Inc. through a proposed change order to their current work with the
CITY/County.
SCOPE OF SERVICES
The parking and pedestrian facility improvements will generally consist of construction of angled parking along
south bound Beach Street, angled parking on both sides of a one-way south bound drive from the south ovals
to the south parking lot, and a non-motorized pedestrian pathway running parallel to Beach Street from the
south ovals to a proposed pedestrian crossing of Beach Street near the Water Filtration Plant.
The following agreement between DLZ and the CITY is separate and distinct from any other agreement
between DLZ and the CITY.
DESIGN ENGINEERING SERVICES
• DLZ will meet with CITY staff to verify the scope of the project and to gather input on the proposed parking
and pedestrian facility improvements. The sizing and angle of the proposed parking spaces will adhere to
CITY standards.
950 W Norton Ave, Suite 207, Muskegon, MI 49441 OFFICE 231.780.3100 ONLINE WWW.DLZ.COM
Akron Bellefontaine Bridgeville Burns Harbor Chicago Cincinnati Cleveland Columbus Detroit Flint Fort Wayne Indianapolis Joliet
Kalamazoo Lansing Lexington Louisville Madison Maumee Melvindale Munster Muskegon Pittsburgh Port Huron Saint Joseph South Bend
Waterford
City of Muskegon
Beach Street Parking and Pedestrian Improvements
December 1, 2020
Page 2 of 5
• DLZ will perform a topographic survey to collect data along the proposed project corridor. Plans will include
all physical features within the proposed project area as generally required for the construction of parking
lots and pedestrian facilities. For the purpose of this proposal, topographical survey information from a
current CITY project (Contract No. 1 Beach Street Roadway and Water Main Improvements) will be utilized
as much as possible to save time and money.
• DLZ will prepare the preliminary plans of the major components of the proposed parking and pedestrian
facility improvements. Once prepared, DLZ will meet with CITY staff to review the design as part of the
preliminary design phase.
• DLZ will, upon review with CITY staff, prepare final plans depicting the physical features and the proposed
parking improvements to industry standards. For purposes of this proposal, the preparation of easements
is not anticipated.
• DLZ will identify and develop permit application support documents for the CITY’s use that may be required
for the construction of the project including Critical Dunes permit, Muskegon County Soil Erosion and
Sedimentation Control (SESC) as may be required. Application and permit fees will be the responsibility of
the CITY.
• DLZ will, based on comments received in review meetings and task items described above, complete the
plans and specifications, and prepare a bulletin for pricing to the contractor. Upon receipt of the pricing
bulletin DLZ will assist the CITY in review of submitted pricing and prepare any subsequent contract
documents as needed.
CONSTRUCTION ENGINEERING SERVICES
• DLZ will perform construction engineering services generally consisting of construction staking, contract
administration, construction inspection, preparation of record drawings and project closeout services.
• DLZ will conduct a preconstruction meeting for the project to include the CITY, contractor, engineer,
affected utilities and other stakeholders. DLZ will prepare the meeting agenda as well as develop and
distribute meeting minutes. Meeting topics of discussion will include coordination with CITY and consultant
engineering project staff, testing, shop drawing submittal requirements and approvals, material
certifications, hours of work, scheduling, review of the contract, handling of requests for payment,
interaction with other utilities, review of permits, handling and processing of citizen complaints,
establishing emergency contacts and questions from the contractor.
• DLZ will perform all necessary surveying and construction staking with stakes generally used for parking
lots and pedestrian facility construction. Items of work requiring construction staking generally include all
parking features, pedestrian facilities and drainage improvements. Construction layout will be performed
using a combination of robotic total station and real time GPS equipment.
• DLZ will provide construction engineering services, including design modifications, as necessary to verify
to the CITY that the improvements are being constructed in accordance with the contract documents.
• DLZ will provide for full-time inspection, when the contractor is completing major items of work and when
elements of work will be buried and difficult to verify after the fact. Inspection will include, but not be
limited to, coordination of construction staking, coordination of material testing, utility coordination,
completion of detailed daily inspection reports and witness forms, review of soil erosion measures and
City of Muskegon
Beach Street Parking and Pedestrian Improvements
December 1, 2020
Page 3 of 5
completion of project punch list(s). DLZ inspection staff will collect all data required to generate accurate
and complete construction record drawings and to document material certifications. For the purposes of
this proposal, construction inspection has been estimated at 160 hours.
• DLZ will have positive contact with property owners adjacent to the project as well as other users. Citizen
complaints will be cataloged and submitted to the contractor for disposition to be resolved in a timely,
courteous and professional manner.
• DLZ will perform contract administration activities including review of contractor pay applications as well
as preparation of bulletins, field orders, contract change orders and construction certifications. DLZ will
also prepare all contract close-out documents and facilitate contract close-out.
• DLZ will facilitate the performance of all required soil testing, aggregate testing, concrete testing, and
asphalt testing necessary to meet CITY requirements. Testing is proposed to be performed by a
subconsultant, Soils & Structures, Inc. of Norton Shores, Michigan, a local firm with expertise in soil testing.
DLZ will review submitted invoices and make recommend to the CITY payment of fees. Geotechnical and
Material Testing fees will be the responsibility of the CITY.
• DLZ will attend and conduct regular construction progress meetings, as may be agreed upon, with the CITY.
DLZ will generate minutes of each meeting and distribute to all attendees and other stakeholders as
required.
• DLZ will provide a complete construction documentation package at completion of the project, which will
include at a minimum, a complete set of approved shop drawings and catalog cuts, all test results,
certifications, all daily inspection reports and paper-copy and digital record drawings. In addition to the
above, DLZ will prepare an electronic copy of all relevant documents including project record drawings and
correspondence for the CITY. Project record documentation for road reconstruction and other relevant
utilities will be obtained using real time GPS to facilitate incorporation into the CITY’s GIS.
• DLZ will coordinate closely with the CITY on all activities related to the planning, design and construction
of the proposed project and will endeavor to ensure that all decisions are made in the best interest of the
CITY.
RESPONSIBILITIES OF THE CITY
• The CITY will make available any existing studies, reports, record drawings, billing data, address maps,
zoning maps, future services areas, and system information necessary to complete the project.
• The CITY will attend all necessary meetings and will assist with the coordination of design efforts.
• The CITY will designate an individual as a contact person to facilitate the transfer of information and to be
the liaison for the project.
SPECIAL SERVICES
• The following services, when requested and authorized by the CITY, will be provided by DLZ:
o Services due to changes in the scope and complexity of the project or its design, including, but not
limited to changes in size, alignment, or character of construction.
City of Muskegon
Beach Street Parking and Pedestrian Improvements
December 1, 2020
Page 4 of 5
o Services due to unforeseen underground conditions such as, but not limited to, the presence of
petroleum products in the soil or groundwater of the site as may be encountered by excavation or
dewatering activities.
o Services related to dewatering activities and laboratory services that may be required in connection
with the Project.
The following services are not considered part of this proposal:
• Environmental Assessments;
• Application for permit fees;
• Procurement of Easements;
• Wetland Determinations.
TERMS AND CONDITIONS
The Standard Terms and Conditions, as set forth as attached Exhibit A, are incorporated here into and made a part
of this Work Order Proposal. The Client referred to in the Standard Terms and Conditions means the City of
Muskegon.
PROFESSIONAL FEE
For services described above, SCOPE OF SERVICES - DESIGN ENGINEERING SERVICES, DLZ proposes to charge
and the CITY agrees to pay in accordance with the attached Exhibit B Rate Schedule, a not to exceed fee of
$31,000.00 without prior approval of the CITY. Invoices will be rendered monthly based on the actual hours
expended times the rate shown on Exhibit B for the classification of the individual working on the project.
For services described above, SCOPE OF SERVICES - CONSTRUCTION ENGINEERING SERVICES, DLZ proposes
to charge and the CITY agrees to pay in accordance with the attached Exhibit B Rate Schedule, a not to exceed
fee of $36,500.00 without prior approval of the CITY. Invoices will be rendered monthly based on the actual
hours expended times the rate shown on Exhibit B for the classification of the individual working on the project.
For services described in SPECIAL SERVICES, DLZ proposes to charge the CITY agrees to pay in accordance with
the attached Exhibit B Rate Schedule on the actual hours expended times the rate shown on Exhibit B for the
classification of the individual working on the service.
DLZ and its employees comply with all coronavirus protocols and guidelines, including all updates and revisions
thereto, issued by the States in which DLZ provides services and the U.S. Centers for Disease Control and
Prevention (CDC). DLZ time and expense for additional safety protocols or training required by the City of
Muskegon or its representatives are not included in this proposal and will be invoiced at DLZ’s standard rates.
Neither Party will be responsible or liable for delays caused by persons, events, or circumstances for which the
Party, its employees, subcontractors, and subconsultants are not responsible including, but not limited to, Acts
of God including delays attributable to the coronavirus pandemic.
City of Muskegon
Beach Street Parking and Pedestrian Improvements
December 1, 2020
Page 5 of 5
If you approve and accept this Proposal, please sign, date and return one copy of this Proposal for our records.
Should you prefer to issue a Purchase Order as your official acceptance, we request that you reference this
Proposal in your paperwork.
DLZ appreciates the opportunity to submit this Letter Agreement for professional services. This offer will
remain open for acceptance for 60 days. If for any reason you should have questions, please do not hesitate
to call Randy Parrett at (231) 780-3100.
Sincerely,
DLZ MICHIGAN, INC. Approved and Accepted
Signature
Terry Biederman, P.E. Printed Name
Vice President
Title
Date
Attachments:
Exhibit A: Standard Terms and Conditions
Exhibit B: Rate Schedule
EXHIBIT A
DLZ’S STANDARD TERMS AND CONDITIONS
1. INVOICES AND PAYMENT: Unless the parties have agreed 10. INSURANCE: During the performance of its services and for two
otherwise, DLZ will submit monthly invoices to CLIENT for services years thereafter, DLZ will maintain the following minimum insurance
performed in the prior month. Except to the extent CLIENT disputes in coverage: General Liability- $1,000,000 per occurrence, $2,000,000 general
good faith all or a portion of a DLZ invoice, CLIENT will pay DLZ the invoiced aggregate, $2,000,000 products/completed operations aggregate,
amount within thirty (30) days from the date of the invoice; and, in default $1,000,000 personal/advertising injury aggregate; Automobile Liability-
of such payment, agrees to pay all cost of collection, including reasonable $1,000,000 combined single limit; Workers Compensation and Employers
attorney’s fees, regardless of whether legal action is initiated. Invoiced Liability- in conformance with statutory requirements, and $1,000,000
amounts not in dispute will accrue interest at eight percent (8%) per annum employers liability; and Professional Liability- $2,000,000 per claim and in
after they have been outstanding for over thirty (30) days. If an invoiced the aggregate. Certificates evidencing such coverage will be provided to
amount not in dispute remains unpaid sixty (60) days after the date of the CLIENT upon request. If DLZ is providing construction phase services,
invoice, DLZ may, upon giving seven (7) days written notice of its intent to CLIENT agrees to require its contractor to include DLZ as an additional
do so, suspend all project services until all unpaid invoiced amounts not in insured on the contractor’s General Liability and Automobile Liability
dispute are paid in full. If an invoice remains unpaid ninety (90) days after insurance policies, and DLZ’s above-listed coverage will be excess over the
the date of the invoice, DLZ may, upon giving seven (7) days written notice contractor’s coverage, which will be primary.
of its intent to do so, declare CLIENT to be in breach of this agreement.
11. INDEMNITY: To the fullest extent permitted by law, each of the
2. CONSTRUCTION SERVICES: If DLZ’s scope of services includes parties agrees to indemnify and save harmless the other party from and
providing professional services during the project’s construction phase, against all liability, damages, and expenses, including reasonable attorney’s
DLZ will not have control over or be responsible for contractor means, fees, sustained by the other party by reason of injury or death to persons
methods, techniques, sequences, procedures, or schedule, or the or damage to tangible property, to the proportionate extent caused by the
contractor’s failure to comply with the construction contract documents or negligent acts or omissions of the indemnifying party or its employees.
applicable laws, ordinances, rules or regulations. If DLZ provides
construction inspection or observation services, DLZ will report to CLIENT 12. CONSEQUENTIAL DAMAGES: Neither party will be liable to the
all contractor deviations from the construction contact documents that other for consequential, special, incidental, indirect, liquidated, or punitive
come to DLZ’s attention. However, such services are solely intended to damages.
enable DLZ to maintain familiarity with, and keep CLIENT informed of, the 13. LIABILITY: No employee of DLZ or of its parent, subsidiary, or
general progress and quality of the contractor’s work, and not to require affiliated companies will be personally liable to CLIENT. DLZ’s total liability
DLZ to perform exhaustive inspections of contractor work for its to CLIENT, and any coverage of CLIENT as an additional insured under any
compliance with the construction contract documents, which shall remain of DLZ’s insurance policies, for injuries, claims, losses, expenses or damages
solely contractor’s responsibility. arising out of DLZ’s services or this agreement from any causes including,
3. CHANGES IN REQUIREMENTS: In the event additional services are but not limited to, DLZ’s negligence, error, omissions, strict liability, or
required due to a change, after the date of this agreement, in CLIENT’s breach of contract, will not exceed the total compensation received by DLZ
requirements, or in the applicable law, standards, or governmental under this agreement.
requirements or policies, DLZ will be entitled to additional compensation 14. DISPUTES: Any claim or controversy arising out of or relevant to
for such additional services. this agreement, or the breach thereof, shall be settled by binding
4. SURVEY STAKING: If DLZ’s scope of services includes survey arbitration in the state in which the project is located, in accordance with
layout, DLZ will not be responsible for subsequent disturbances of its layout the rules of the American Arbitration Association, and judgment upon any
except to the extent caused by DLZ or persons for whom it is responsible. award rendered by the arbitrator(s) may be rendered in any court having
jurisdiction thereof.
5. MISCELLANEOUS EXPENSES: Except to the extent otherwise
provided in this agreement, CLIENT is responsible for all third-party fees 15. STATUTE OF LIMITATIONS: The parties agree that the time period
and charges including, without limitation, fees and charges for inspections, for bringing claims regarding DLZ’s Service’s under this agreement expires
zoning or annexation applications, assessments, soils engineering, soils on the earlier of one year after completion of the project, or two years after
testing, aerial topography, permits, rights-of-entry, bond premiums, title completion of DLZ’s project services.
company charges, blueprint and reproduction costs, and all other third- 16. DELAYS: DLZ is not responsible for delays caused by persons or
party fees and charges. circumstances for which DLZ is not responsible.
6. CHANGE OF SCOPE: DLZ’s scope of services in this agreement is 17. SHOP DRAWINGS: If DLZ’s scope of services includes reviewing
based on facts known at the time of execution of this agreement, including, shop drawings, such reviews are solely with regard to their general
if applicable, information supplied by CLIENT. DLZ will promptly notify conformance with the design concept, and not for the purpose of reviewing
CLIENT in writing of any perceived changes to its scope of services required or approving their accuracy, completeness, dimensions, quantities,
by new information or by persons or circumstances beyond DLZ’s control, constructability, compatibility with other construction components, or
and the parties shall negotiate modifications to this agreement before DLZ compliance with the requirements of the construction contract
begins performance of the revised scope. documents, all of which remain the contractor’s responsibility. DLZ is not
7. SAFETY: DLZ will take reasonable steps to protect the safety of its responsible for reviewing or approving the contractor’s safety precautions
employees, and to perform its services in a safe manner. DLZ is not or construction means, methods, sequences or procedures.
responsible for project safety other than with regard to its own services. 18. ACCEPTANCE: Both parties will consider DLZ’s initiation of services
8. REUSE OF PROJECT DELIVERABLES: CLIENT’s use of any project prior to execution of this agreement in order to accommodate CLIENT, at
documents or DLZ deliverables, including electronic media, for any purpose CLIENT’s request, as CLIENT’s formal acceptance of all of the terms and
other than that for which such documents or deliverables were originally conditions in this agreement.
prepared, or alternation of such documents or deliverables without written 19. STANDARD OF CARE: DLZ will perform its services with the care
verification or adaption by DLZ for the specific purpose intended, will be at and skill ordinarily exercised by members of its profession currently
CLIENT’s sole risk. practicing under similar conditions in the same locale. DLZ does not make,
9. OPINIONS OF CONSTRUCTION COST: Any opinion of construction and expressly disclaims, any other warranties, express or implied, relating
costs prepared by DLZ is supplied for the general guidance of the CLIENT to its services including, without limitation, warranties of merchantability
only. Since DLZ has no control over competitive bidding or market and fitness for a particular purpose. DLZ shall be entitled to rely on all
conditions, DLZ cannot guarantee the accuracy of such opinions as CLIENT-provided information except to the extent otherwise stated in the
compared to contractor bids or actual cost to CLIENT. agreement.
Revised October 2019 Document1
Exhibit B
2020 Rate Schedule
CLASSIFICATION HOURLY RATE CHARGE
Senior Project Manager $140.00
Project Manager $135.00
Surveyor VI $140.00
Surveyor V $130.00
Engineer IV/Surveyor IV $115.00
Engineer III/Surveyor III $105.00
Engineer II/Surveyor II $95.00
Engineer I/Surveyor I $85.00
Senior Architect $140.00
Architect $120.00
Architect Intern $80.00
Landscape Architect $105.00
Senior Geologist/Senior Environmental Scientist $130.00
Geologist/Environmental Scientist $95.00
Senior Environmental Analyst $120.00
Environmental Analyst $95.00
Senior Programmer $120.00
Programmer $105.00
Senior GIS Analyst $115.00
GIS Analyst $90.00
GIS Intern $75.00
Senior CAD Operator $100.00
CAD Operator $90.00
CAD Operator Intern $70.00
Designer $95.00
Construction Project Manager $100.00
Senior Construction Inspector $95.00
Construction Inspector $80.00
2 Person Survey Crew $175.00
1 Person Survey Crew $120.00
Clerical $55.00
CITY OF MUSKEGON
BEACH STREET
PROPOSED ROADWAY AND PARKING IMPROVEMENTS
WOODLAWN CT
AVE
COX
WIL
ET
RE
ST
A CH
BE
BEACH STREET BE
BEACH STREET ACH
ST
RE
ET
SIDEWALK SIDEWALK
NON-MOTORIZED PATHWAY
ONE WAY STREET ONE WAY STREET
NON-MOTORIZED PATHWAY
NON-MOTORIZED PATHWAY
PERE MARQUETTE PARK
PERE MARQUETTE PARK
PERE MARQUETTE PARK
0' 40' 80'
SCALE
INNOVATIVE IDEAS
EXCEPTIONAL DESIGN
UNMATCHED CLIENT SERVICE
NOVEMBER 2020
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 08, 2020 Title: Westwood Change Order #002
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is seeking authorization to approve Change Order #002 to the sewer project work on
Westwood Street in the Glenside Neighborhood.
Detailed Summary:
Final quantity measurements have been completed for the water and sewer work conducted
primarily on Westwood Street in the Glenside neighborhood and the project has been recommended
for final acceptance and closeout.
Change Order #002 represents an increase to the Contract value of $23,247.87. Combined with the
previously approved Change Order #001 the total change order value for the project stands at
$36,602.20 on an original contract value of $1,245,042.00 for a net final increase of 2.9%. The
approved project budgets contained a contingency of ~6% so this final balancing does not exceed
the budgeted contingency. Future reforecasts will reduce the total budgeted cost of this project.
The change order is a result of additional expenses incurred to reconnect the irrigation at McGraft
Park that were not originally anticipated, and various other small changes throughout the course of
the project.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): 590/591-91855 Fund(s) or Account(s): 590/591-91855
Recommended Motion: Authorize staff to approve Change Order #002 to the Westwood Sewer
Project with Kamminga and Roodvoets in the amount of $23,247.87 for a total net change on the
project of $36,602.20.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
December 3, 2020
2180552
Leo Evans
City of Muskegon
1350 E Keating Avenue
Muskegon, MI 49442
RE: Wastewater System Improvements – Contract 2: Westwood Sanitary Sewer Replacement
Dear Leo:
Enclosed is Change Order 2 with signatures for the referenced project. This Change Order covers the
4-inch irrigation water service to McGraft Park which was discovered during the project and
reconnected. The remainder of the Change Order balances base quantities. The final eligibility
breakdown is pending EGLE review. SRF Eligible increases are due to increased restoration
quantities due to the extensive impact of the project. Non-Eligible items are related to additional
sanitary services that were replaced originally schedule to go under the Phase 2 and 3 projects.
The preliminary funding source breakdown of Change Order 2 is as follows:
SRF Eligible: $13,378.69
DWRF Eligible: ($4,561.82)
Non-Eligible: $14,431.00
Total: $23,247.87
Please review the Change Order and once approved, return one signed copy to Kamminga &
Roodvoets. Additionally, please return one signed copy to our office. The final payment application
will be completed upon the approval of this final change order.
If you have any questions regarding this recommendation and the project in general, please do not
hesitate to contact me.
Sincerely,
Prein&Newhof
Matthew Hulst, P.E.
Enclosures: Change Order 2
4910 Stariha Drive Muskegon, MI 49441 t. 231-798-0101 f. 231-798-0337 www.preinnewhof.com
CHANGE ORDER NO.: 2
Owner: City of Muskegon Owner’s Project No.: 91855
Engineer: Prein&Newhof Engineer’s Project No.: 2180552
Contractor: Kamminga & Roodvoets Contractor’s Project No.:
Project: Wastewater System Improvements
Contract Name: Contract 2: Westwood Sanitary Sewer Replacement
Date Issued: 12/1/2020 Effective Date of Change Order: 12/1/2020
The Contract is modified as follows upon execution of this Change Order:
Description:
A 4-inch irrigation water service was located at McGraft Park which is within the project limits. 4-inch water main
and 4-inch water main 45 degree bend items were added to the contract to install a connection to the existing
irrigation service on Glen Avenue at STA 48+74 LT.
The remaining item quantities were adjusted accordingly to reflect final quantities at the completion of the project.
Attachments:
- Contract Modification Summary
- Change Order 2 Pricing
Change in Contract Price Change in Contract Times
Original Contract Price: Original Contract Times:
Substantial Completion:
$ 1,245,042.00 Ready for final payment:
Increase from previously approved Change Order No. 1 [Increase] [Decrease] from previously approved
Change Orders No.1 to No. [Number of previous
Change Order]:
Substantial Completion:
$ 13,354.33 Ready for final payment:
Contract Price prior to this Change Order: Contract Times prior to this Change Order:
Substantial Completion:
$ 1,258,396.33 Ready for final payment:
Increase this Change Order: [Increase] [Decrease] this Change Order:
Substantial Completion:
$ 23,247.87 Ready for final payment:
Contract Price incorporating this Change Order: Contract Times with all approved Change Orders:
Substantial Completion:
$ 1,281,644.20 Ready for final payment:
Recommended by Engineer (if required) Accepted by Contractor
By: By:
Title: Project Manager Title:
Date: Date:
Authorized by Owner Approved by Funding Agency (if applicable)
By: By:
Title: Director of Public Works Title:
Date: Date:
This document is a Modified version of EJCDC® C 941, Change Order.
Copyright© 2018 NSPE, ACEC and ASCE. All rights reserved. Page 1 of 1
S:\2018\2180552 City of Muskegon\PEC\Contract 02 Westwood\Change Orders\Change Order 2\change order 2 2020-10-15 - 4 inch water service
and balancing
Contract Modification
12/1/2020 7:39 PM
Prein&Newhof
FieldManager 5.3c
Contract: _2180552.C2, Westwood Sanitary Sewer - C2
Cont. Mod. Revision Cont. Mod. Electronic Net Change Awarded Contract Amount
Number Number Date File Created
2 1 12/1/2020 No $23,247.87 $1,245,042.00
Route Managing Office District Entered By
PN Muskegon 0 Tyler A DeNooyer
Contract Location
City of Muskegon
Short Description
CO2
Description of Changes
A 4-inch irrigation water service was located at McGraft Park which is within the project limits. 4-inch water main and 4-inch
water main 45 degree bend items were added to the contract to install a connection to the existing irrigation service on Glen
Avenue at STA 48+74 LT.
The remaining item quantities were adjusted accordingly to reflect final quantities at the completion of the project.
Increases / Decreases
Item Prop. Proj. Quantity
Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value
_ Dr Structure, Rem 8507050 0006 0030 2180552.C2 001 Original -3.000 Ea 250.00000 $-750.00
_ Sewer Rem, Less 8507001 0007 0035 2180552.C2 001 Original -1,154.000 Ft 6.00000 $-6,924.00
than 24 inch
_ Sewer, Abandon 8507001 0008 0040 2180552.C2 001 Original 132.000 Ft 6.00000 $792.00
_ Curb and Gutter 8507001 0009 0045 2180552.C2 001 Original -27.500 Ft 3.50000 $-96.25
Rem
_ Pavt, Rem 8507011 0010 0050 2180552.C2 001 Original -33.600 Syd 7.00000 $-235.20
_ HMA Surface, Rem 8507011 0011 0055 2180552.C2 001 Original -130.000 Syd 2.50000 $-325.00
Contract: _2180552.C2 Cont. Mod.: 2, Rev. 1 Page 1 of 6
Contract Modification
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Prein&Newhof
FieldManager 5.3c
Increases / Decreases
Item Prop. Proj. Quantity
Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value
_ Sidewalk, Rem 8507011 0012 0060 2180552.C2 001 Original -11.800 Syd 8.00000 $-94.40
_ Erosion Control, Inlet 8507050 0013 0065 2180552.C2 001 Original 12.000 Ea 200.00000 $2,400.00
Protection, Fabric
Drop
_ Machine Grading, 8507002 0014 0070 2180552.C2 001 Original -0.300 Sta 1,900.00000 $-570.00
Modified
_ Aggregate Base, 8 8507011 0015 0075 2180552.C2 001 Original -151.760 Syd 11.50000 $-1,745.24
inch, Modified
_ HMA, 13A 8507031 0016 0080 2180552.C2 001 Original 24.080 Ton 105.00000 $2,528.40
_ Driveway, Nonreinf 8507011 0017 0085 2180552.C2 001 Original 145.660 Syd 42.00000 $6,117.72
Conc, 6 inch
_ Curb and Gutter, 8507001 0018 0090 2180552.C2 001 Original -39.300 Ft 15.00000 $-589.50
Conc. Det F4
_ Sidewalk, Conc, 4 8507010 0019 0095 2180552.C2 001 Original 1,064.960 Sft 3.50000 $3,727.36
inch
_ Turf Restoration 8507002 0020 0100 2180552.C2 001 Original 1.500 Sta 1,000.00000 $1,500.00
_ Sanitary Sewer, 8", 8507001 0022 0110 2180552.C2 001 Original -10.600 Ft 40.00000 $-424.00
Tr Det B
Contract: _2180552.C2 Cont. Mod.: 2, Rev. 1 Page 2 of 6
Contract Modification
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Prein&Newhof
FieldManager 5.3c
Increases / Decreases
Item Prop. Proj. Quantity
Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value
_ Sanitary Sewer, 12", 8507001 0023 0115 2180552.C2 001 Original 5.000 Ft 75.00000 $375.00
Tr Det B
_ Sanitary Manhole, 48 8507050 0024 0120 2180552.C2 001 Original 1.000 Ea 4,000.00000 $4,000.00
inch Dia
_ Sanitary Lateral, 6 8507001 0027 0135 2180552.C2 001 Original -20.400 Ft 50.00000 $-1,020.00
inch, Public
_ Sanitary Lateral, 8507050 0028 0140 2180552.C2 001 Original 1.000 Ea 150.00000 $150.00
Connect to Ex.
_ Sanitary Sewer, 8507050 0031 0155 2180552.C2 001 Original -1.000 Ea 1,400.00000 $-1,400.00
Connect to Ex. 18"
_ Sanitary Sewer, 8507001 0033 0165 2180552.C2 001 Original -133.100 Ft 2.00000 $-266.20
CCTV
_ Sewer, Cl E, 10 inch, 8507001 0034 0170 2180552.C2 001 Original -13.000 Ft 38.00000 $-494.00
Tr Det B
_ Sewer, Cl E, 12 inch, 8507001 0035 0175 2180552.C2 001 Original 109.000 Ft 38.00000 $4,142.00
Tr Det B
_ Sewer, Cl E, 15 inch, 8507001 0036 0180 2180552.C2 001 Original -0.500 Ft 40.00000 $-20.00
Tr Det B
_ Dr Structure, 48 inch 8507050 0039 0195 2180552.C2 001 Original 1.000 Ea 1,600.00000 $1,600.00
dia
Contract: _2180552.C2 Cont. Mod.: 2, Rev. 1 Page 3 of 6
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FieldManager 5.3c
Increases / Decreases
Item Prop. Proj. Quantity
Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value
_ Dr Structure Cover, 8507050 0040 0200 2180552.C2 001 Original -1.000 Ea 800.00000 $-800.00
Type B
_ Dr Structure Cover, 8507050 0041 0205 2180552.C2 001 Original 2.000 Ea 900.00000 $1,800.00
Type K
_ Water Main, DI, 6 8507001 0043 0215 2180552.C2 002 Original 7.300 Ft 70.00000 $511.00
inch, Tr Det G
_ Water Main, DI, 8 8507001 0044 0220 2180552.C2 002 Original -5.200 Ft 60.00000 $-312.00
inch, Tr Det G
_ Water Main, Bend, 8507050 0045 0225 2180552.C2 002 Original -2.000 Ea 775.00000 $-1,550.00
45 Degree, 8 inch
_ Water Main, Sleeve, 8507050 0049 0245 2180552.C2 002 Original 1.000 Ea 1,300.00000 $1,300.00
6 inch
_ Water Service, 8507050 0054 0270 2180552.C2 002 Original 3.000 Ea 350.00000 $1,050.00
Corporation Stop, 1
inch
_ Water Service, Curb 8507050 0056 0280 2180552.C2 002 Original 4.000 Ea 500.00000 $2,000.00
Stop and Box, 1 inch
_ Water Service, 1 8507001 0057 0285 2180552.C2 002 Original -41.000 Ft 45.00000 $-1,845.00
inch
_ Water Service, 2 8507001 0058 0290 2180552.C2 002 Original -1.000 Ft 60.00000 $-60.00
inch
Contract: _2180552.C2 Cont. Mod.: 2, Rev. 1 Page 4 of 6
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Prein&Newhof
FieldManager 5.3c
Increases / Decreases
Item Prop. Proj. Quantity
Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value
_ Water Main, 8507001 0061 0305 2180552.C2 002 Original -1,965.000 Ft 7.00000 $-13,755.00
Abandon
_ Water Main, Rem 8507001 0062 0310 2180552.C2 002 Original 6.000 Ft 10.00000 $60.00
_ Sanitary Lateral, 6 8357001 0067 0340 2180552.C2 003 Original 189.000 Ft 79.00000 $14,931.00
inch, Private
_ Sanitary Cleanout 8507050 0068 0335 2180552.C2 003 Original -6.000 Ea 500.00000 $-3,000.00
_ Sanitary Lateral 8507050 0069 0345 2180552.C2 003 Original 1.000 Ea 2,500.00000 $2,500.00
Restoration, Private
Total Dollar Value: $15,208.69
New Items
Item Prop. Proj. Proposed
Item Description Code Line Line Project Catg. ItemType Quantity Unit Unit Price Dollar Value
_ Water Main, 8507050 0119 0395 2180552.C2 002 Extra 2.000 Ea 591.75000 $1,183.50
Bend, 45 Degree, 4
Inch
Reason: CO2
_ Water Main, DI, 4 8507001 0124 0400 2180552.C2 002 Extra 103.000 Ft 66.56000 $6,855.68
Inch
Reason: CO2
Total Dollar Value: $8,039.18
Contract: _2180552.C2 Cont. Mod.: 2, Rev. 1 Page 5 of 6
Contract Modification
12/1/2020 7:39 PM
Prein&Newhof
FieldManager 5.3c
Project / Category Summary
Project/Category Federal Finance Control
Project/Catg Description Number Project Status System Section Dollar Value
2180552.C2 Westwood Saniatry Sewer - 0 CNST
C2
001 SRF Eligible $13,378.69
002 DWRF Eligible $-4,561.82
003 Non-Eligible $14,431.00
Total: $23,247.87
Total Net Change Amount: $23,247.87
Contract: _2180552.C2 Cont. Mod.: 2, Rev. 1 Page 6 of 6
Tyler DeNooyer
From: Jeff Talsma
Sent: Friday, September 4, 2020 7:18 AM
To: Matthew R. Hulst; Brad Kreider
Cc: Tyler DeNooyer; Dave Cadena
Subject: RE: City of Muskegon Westwood
Attachments: Westwood_4inH2O_extras-09-03-2020.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Matt,
Please see the requested pricing and backup information attached.
Water Main, DI, 4 Inch: $66.56/Ft
Water Main, Bend, 45 Degree, 4 Inch: $591.75/Ea.
Please advise if acceptable, Thank you!
Jeff Talsma
Kamminga and Roodvoets Inc.
Phone: (616) 949-0800 Ext. 130
Fax: (616) 949-1894
From: Matthew R. Hulst
Sent: Thursday, September 3, 2020 3:25 PM
To: Jeff Talsma ; Brad Kreider
Cc: Tyler DeNooyer ; Dave Cadena
Subject: City of Muskegon Westwood
Jeff,
It was discovered that a four inch irrigation service exists on the old 12 inch line that you have abandoned on Glen. This
will need to be reconnected. The plans had a 1 inch service being extended since there was a small diameter vacuum
break at that location but apparently that was not active and the real service is a 4 inch.
I attached a mark up of what we are thinking. The City has already ordered the tapping sleeve and valve. They will get
this completed for you whenever they receive it and you have a hole opened up for them. The alignment was chosen to
avoid the big tree and place the pipe in a previously excavated area. The pipe only needs to be stubbed into the
manhole that is there. The City will be pulling out the stuff inside of it prior to your work.
Let me know I you have any questions. Please provide pricing.
Thank you,
Matthew Hulst, P.E.
Prein&Newhof
t. 231-798-0101 x.1211
1
EXTRA WORK
WATERMAIN, 4 INCH
WORK ITEM: WATERMAIN, 4 INCH
LOCATION: 1
DATE: September 3, 2020 105 FT
LABOR & EQUIPMENT RATE # HRS TOTAL
FOREMAN & PU $ 95.69 X 1 X 6.00 = $ 574.11
EX-225 OPERATED $ 152.69 X 1 X 6.00 = $ 916.11
JD-550J OPERATED $ 124.69 X 1 X 6.00 = $ 748.11
PIPELAYER $ 52.80 X 1 X 6.00 = $ 316.83
PIPELABORER $ 52.25 X 2 X 6.00 = $ 627.00
SUBTOTAL LAB & EQUIP $ 3,182.17
10% OH&P $ 318.22
TOTAL LABOR & EQUIPMENT $ 3,500.38
MATERIAL # UNIT PRICE TOTAL
CL 52 DI PIPE, 4 INCH 120 FT @ $ 25.28 = $ 3,033.72
SUBTOTAL MATERIAL $ 3,033.72
15% OH&P $ 455.06
TOTAL MATERIAL $ 3,488.78
GRAND TOTAL $ 6,989.16
UNIT PRICE $ 66.56 / FT
EXTRA WORK
WATERMAIN BEND - 45 DEGREE, 4 INCH
WORK ITEM: WATERMAIN BEND - 45 DEGREE, 4 INCH
LOCATION: 0
DATE: September 3, 2020 2 EA
LABOR & EQUIPMENT RATE # HRS TOTAL
FOREMAN & PU $ 95.69 X 1 X 1.50 = $ 143.53
EX-225 OPERATED $ 152.69 X 1 X 1.50 = $ 229.03
JD-550J OPERATED $ 124.69 X 1 X 1.50 = $ 187.03
PIPELAYER $ 52.80 X 1 X 1.50 = $ 79.21
PIPELABORER $ 52.25 X 2 X 1.50 = $ 156.75
SUBTOTAL LAB & EQUIP $ 795.54
10% OH&P $ 79.55
TOTAL LABOR & EQUIPMENT $ 875.10
MATERIAL # UNIT PRICE TOTAL
BEND, 45 DGR, 4 INCH 2 EA @ $ 134.09 = $ 268.18
SUBTOTAL MATERIAL $ 268.18
15% OH&P $ 40.23
TOTAL MATERIAL $ 308.41
GRAND TOTAL $ 1,183.50
UNIT PRICE $ 591.75 / EA
Page 1 of 1
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 8, 2020 Title: Installment Purchase Agreement
Approval – Jackson Hill Infill Housing
Submitted By: LeighAnn Mikesell Department: Development Services
Brief Summary: Staff is seeking approval of the installment purchase agreement between the
Community Foundation for Muskegon County, LRS Enterprises, and the City. The $355,000 loan
will supply a portion of the funds for the Jackson Hill Infill Housing Development.
Detailed Summary: At the September 22, 2020, regular commission meeting, staff received
authorization to work with the Community Foundation for Muskegon County to make a Program
Related Investment of $355,000 to undertake construction of the first two homes in this
multi-year development project. The City agreed to loan $75,000 from its Economic Development
Revolving Loan Fund for the project as well. The CFFMC will be repaid upon sale of the homes, and
the City will be repaid with tax increment financing. Staff worked with our bond counsel from Miller
Canfield to develop documents that follow Act 99 of 1933 which authorizes cities to enter into
installment purchase agreements. The agreement acts as the Note and is a limited tax general
obligation of the City of Muskegon. Attached are the installment purchase agreement documents
associated with the PRI from the CFFMC.
Amount Requested: None at this time Amount Budgeted: Payback determined next
year
Fund(s) or Account(s): N/A Fund(s) or Account(s): Economic
Development Fund - 493
Recommended Motion: to approve the installment purchase agreement between the Community
Foundation for Muskegon County, LRS Enterprises, and the City, approve the resolution
authorizing the installment purchase agreement, and authorize the mayor and clerk to sign.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
INSTALLMENT PURCHASE AGREEMENT
THIS AGREEMENT, dated as of December __, 2020, by and among the City of Muskegon,
County of Muskegon, State of Michigan (the “City”), LRS Enterprises, Muskegon, Michigan (the
“Builder”), and the Community Foundation for Muskegon County, as assignee of the Builder (the
“Lender”), is as follows:
1. Purchase Price, Title and Useful Life. The City agrees to purchase and the Builder
agrees to construct, sell and deliver two single family residences on the property located at 766
Leonard Street (collectively, the “Property”), all as set forth in the Residential Construction
Agreement between the City and the Builder, dated as of ___________, 2020 (the “Construction
Agreement”) as attached hereto as Exhibit A, for the sum of $425,000 (the “Purchase Price”). The
City will finance $355,000 of the Purchase Price by this Agreement (the “Financed Price” or the
“Loan”) and the balance of the Purchase Price will be paid by the City to the Builder from its
available funds.
The Financed Price will be payable by the City to the Lender as assignee of the Builder in
accordance with Section 3 hereof within three years from the anniversary date of the Loan. Upon
sale of each home, the resulting net proceeds shall be paid to the Lender and applied to the
outstanding Loan balance. If there remains a Loan balance after the sale of both homes, then the
City shall pay equal monthly payments of principal and interest on the first day of each month, at
the then applicable Interest Rate, amortized by the time remaining to three years from the
anniversary date of the Loan. Notwithstanding the foregoing, the entire principal balance and
accrued interest shall be due and payable in full on the three (3) year anniversary of the Loan. The
Loan may be prepaid at any time, in whole or in part, without penalty.
The City shall pay interest on the unpaid balance of the Financed Price to the Lender as the
assignee of the Builder in accordance with Section 3 hereof, at a rate of interest equal to the federal
prime interest rate (currently 3.25%) plus two percent (2.0%) per annum from the date funds are
distributed by the Lender as set forth in Section 3 hereof. Notwithstanding the foregoing, the rate
of interest on the Loan will be adjusted annually to the federal prime interest rate then in effect plus
two percent (2.0%) per annum and readjusted on the yearly anniversary date of the Loan (the
“Interest Rate”).
Upon receipt by the Builder of the Purchase Price for the Property, title and occupancy to
the Property shall vest in the City. The City agrees that the useful life of the Property is at least equal
to or longer than the date of the final payment hereunder.
2. Incorporation by Reference. The Builder and the City agree to all of the instructions,
terms and conditions as may be outlined in the Construction Agreement and any supplements
thereto, which are hereby incorporated by reference in full herein. In the event of a conflict in terms
between this Agreement and the Construction Agreement regarding the financing of the Financed
Price, the specific terms of this Agreement shall govern.
3. Assignment to the Lender; Disbursement of Funds. The Builder hereby irrevocably
assigns this Agreement immediately to the Lender in consideration for and effective upon a
payment from the Lender to the Builder of the first draw of funds under this Agreement. The City
1
shall make a written request for disbursement for each draw of funds of the Loan, with a written
request by the City and submitted to the Lender at least 5 business days in advance of the
disbursement. The request for a disbursement shall specify the amount of the draw. The date of
receipt by the City of the first draw will mark the anniversary date of the Loan. Draws shall not be
made more frequently than once per calendar month. The proceeds of the draw shall only be used
to pay the Builder for the Property in accordance with the terms of the Construction Agreement
with the Builder.
The City hereby consents to said assignment, except with respect to the warranties and other
obligations of the Builder set forth in Section 2 and 5 of this Agreement, all of which shall remain
the sole responsibility of the Builder and shall not be assignable. With respect to the Lender, the
City hereby waives any defenses based upon warranty, failure or inability of the Builder to perform
its non-assignable obligations or the failure of the Property to perform its intended function. To the
extent that funds are received by the City from the Lender in accordance with this paragraph, the
City’s obligation to the Lender is absolute and unconditional and shall remain in full force and
effect until the amount of the payment to the City by the Lender as specified in this paragraph
together with interest thereon shall have been paid by the City to the Lender, and such obligation
shall not be affected, modified or impaired upon the happening from time to time of any event,
including without limitation any of the following:
(a) Any failure of title with respect to the Builder’s or the City’s interest
in the Property specified herein or the invalidity, enforceability or termination of
this Agreement;
(b) The modification or amendment (whether material or otherwise) of
any obligation, covenant or agreement set forth in this Agreement;
(c) The voluntary or involuntary liquidation, dissolution, sale or other
disposition of all or substantially all of the assets, marshaling of assets and
liabilities, receivership, insolvency, bankruptcy, assignment for the benefit of
creditors, reorganization, arrangement, composition with creditors or readjustment
or other similar proceedings affecting the Builder or any of its assets or any
allocation or contest of the validity of this Agreement, or the disaffirmance of this
Agreement in any such proceeding;
(d) To the extent permitted by law, any event or action which would, in
the absence of this clause, result in release or discharge by operation of law of the
Builder from the performance or observation of any obligation, covenant or
agreement contained in this Agreement; or
(e) The default or failure of the Builder fully to perform any of its
obligations set forth in this Agreement.
The City shall make payments to the Lender when due and shall not withhold any such
payments as a result of any disputes arising between the City and the Builder or any other person,
nor shall the City assert any right of set-off or counterclaim against its obligation to make such
2
payments or be entitled to any abatement of such payments as a result of accident or unforeseen
circumstances, or the Property being defective.
It is expressly agreed between the Builder, the City and the Lender, by acceptance of the
assignment of this Agreement, that the City shall make all payments of principal and interest of the
Financed Price directly to the Lender.
4. Reporting. The City covenants and agrees that until all payments of principal
and interest under this Agreement have been paid in full, it will:
(a) Use the funds strictly in accordance with the terms of this
Agreement.
(b) Permit the Lender to review and evaluate the Property funded by the
Loan, including visits to the Project and discussions with the City’s staff and City
Council.
(c) Provide the Lender with a quarterly written progress report on the
project.
5. Warranty. The Builder warrants its Property as set forth in the Construction
Agreement. Any warranties with respect to the Property shall not be assigned, but shall remain
enforceable by the City.
The Builder represents and warrants that the assignment to the Lender of this Agreement
does not violate any agreement, contract or loan agreement to which it is a party, and that the
Agreement has been duly executed and delivered by the Builder.
The Lender makes no warranty or representation, express or implied, as to any matter
whatsoever, including, without limitation, as to the merchantability or fitness for any particular
purpose of any of the Property or as to the value, design, condition, use, capacity or durability of
any of the Property. The City agrees that (a) the Lender has no liability for the delivery or
installation of the Property, (b) the Lender assumes no obligation with respect to any
manufacturer’s or Builder’s product warranties or guaranties, (c) neither Builder nor any
manufacturer or any representative of said parties is an agent of the Lender, and (d) any warranty,
representation, guaranty or agreement made by any manufacturer or by the Builder or any
representative of said parties shall not be binding upon the Lender.
6. Borrower Representations. The City makes the following representations to induce
the Lender to make the Loan:
(a) The City is a duly created, validly existing and fully constituted
political subdivision of the State of Michigan and has the power and authority to enter
into the Agreement.
3
(b) The Agreement is a valid and binding obligation of the City
enforceable against the City in accordance with its terms.
(c) There is no action, suit or proceeding pending or threatened
against the City in any material respect that could adversely impact its repayment
of the Loan.
(d) The City agrees that, in the performance of this Agreement,
it will not unlawfully discriminate in its employment practices, volunteer
opportunities, or the delivery of programs or services, on the basis of race, religion,
gender, national origin, age, medical condition, handicap, veteran status, marital
status, or sexual orientation.
7. Entire Agreement. This Agreement and the documents expressly incorporated by
reference herein constitute the entire agreement of the parties with respect to the financing of the
Property. All prior or contemporaneous agreements, understandings, representations, and
statements, oral or written, are hereby terminated.
8. Amendments. Any attempt to modify the terms of this Agreement or of any
supporting document shall be ineffectual unless in writing, signed by all parties and the City agrees
to secure the consent of the Lender to any such modifications, provided that the consent of the
Builder to the modification of any of the terms of payment by the City to the Lender shall not be
required.
9. Security. The obligation of the City to pay principal and interest under this
Agreement is a limited tax general obligation of the City. The City shall include in its budget and
pay each year, until this Agreement is paid in full, as a first budget obligation, such sum as may
be necessary each year to make all payments hereunder, when due. In addition, the City hereby
pledges to levy in each fiscal year ad valorem taxes on all taxable property in the City each year
in an amount necessary to make its debt service payments under this Agreement, subject to
applicable constitutional, statutory and charter tax rate limitations.
10. Legislative Authorization; Governing Law. This Agreement is made in accordance
with and pursuant to Act 99, Public Acts of Michigan, 1933, as amended. This Agreement shall
be construed in all respects in accordance with the laws of the State of Michigan.
10. Severability. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
11. Binding Effect. The covenants herein contained shall bind, and the benefits and
advantages shall inure to, the respective successors and permitted assigns of the parties hereto.
4
12. Counterparts. This Agreement may be signed in any number of counterparts, which
counterparts shall be considered as one and the same instrument. Facsimile copies of this
Agreement shall have the full force and effect of an original document.
CITY OF MUSKEGON
By:
Its: Mayor
By:
Its: City Clerk
COMMUNITY FOUNDATION FOR
MUSKEGON COUNTY
as Lender
By:
Its: _____________________
LRS ENTERPRISES
as Builder
By:
Its: Authorized Representative
5
EXHIBIT A
36892771.1/063684.00048
6
RESOLUTION AUTHORIZING
INSTALLMENT PURCHASE AGREEMENT
CITY OF MUSKEGON
County of Muskegon, State of Michigan
_______________________________________
Minutes of a regular meeting of the City Commission of the City of Muskegon, County of
Muskegon, State of Michigan, held on the 8th day of December, 2020 at 5:30 p.m., prevailing
Eastern Time.
PRESENT: Members____________________________________________________
____________________________________________________________
ABSENT: Members____________________________________________________
The following preamble and resolution were offered by Member ___________________
and supported by Member _________________________:
WHEREAS, the City of Muskegon, County of Muskegon, State of Michigan (the “City”)
desires to acquire two single family residences on the property located at 766 Leonard Street
(collectively, the “Property”), all as set forth in the Residential Construction Agreement between
the City and LRS Enterprises, Muskegon, Michigan (the “Builder”), dated as of ___________,
2020 (the “Construction Agreement”); and
WHEREAS, under the provisions of Act No. 99, Public Acts of Michigan, 1933, as
amended (“Act 99”), the City is authorized to enter into any contracts or agreements for the
purchase of the Property to be paid for in installments over a period of not to exceed the useful life
of the Property acquired as determined by resolution of the City; and
WHEREAS, an Installment Purchase Agreement (the “Agreement”) between the City, the
Builder, and Community Foundation for Muskegon County (the “Lender”), for the installment
purchase of the Property has been prepared; and
WHEREAS, the City shall acquire the Property for the sum of $425,000 (the “Purchase
Price”) of which amount the total of $355,000 (the “Financed Price”) shall be financed through
the execution of the Agreement; and
WHEREAS, the outstanding balance of all purchases by the City under Act 99, exclusive
of interest, shall not exceed one and one quarter percent (1-1/4%) of the taxable value of the real
and personal property in the City at the date of such contract or agreement; and
WHEREAS, purchase of the Property pursuant to an installment purchase agreement will
not result in the outstanding balance of all such purchases in excess of the limitation contained
within Act 99 as set forth above; and
WHEREAS, the Agreement is to be assigned to the Lender; and
WHEREAS, it is necessary to approve the Agreement and authorize the Mayor and City
Clerk to execute the Agreement and authorize City officials to execute certain other documentation
relative thereto.
NOW THEREFORE, BE IT RESOLVED THAT;
1. Approval of Agreement; Agreement Terms. The Agreement is hereby approved
substantially in the form attached hereto as Exhibit A. The City shall incur the debt described in
the Agreement through execution of the Agreement by the officers authorized below which debt
shall consist of the Financed Price of $355,000 which shall be payable within three years of the
anniversary date of the first draw of the Financed Price, at a rate of interest equal to the federal
prime interest rate (currently 3.25%) plus two percent (2.0%) per annum from the date funds are
distributed by the Lender. The rate of interest on the Loan will be adjusted to the federal prime
interest rate then in effect plus two percent (2.0%) and readjusted on the yearly anniversary date of
the Loan, provided that the rate of interest will be adjusted annually on the yearly anniversary date
of the Loan to the federal prime interest rate then in effect plus (2.0%) percent per annum. The
Mayor, City Clerk and Finance Director are each hereby authorized to adjust the payment dates
and final details set forth herein to the extent necessary or convenient to complete the transaction
authorized herein, and in pursuance of the foregoing are each authorized to make determinations
regarding the principal and interest payment dates.
2. Execution and Delivery of Agreement. The Mayor and City Clerk are hereby
authorized and directed to execute the Agreement and deliver it to the Builder, substantially in the
form attached hereto with such additions, changes and modifications as shall be approved by the
City’s Bond Counsel.
3. Useful Life of Property. The useful life of the Property is hereby determined to be
not less than fifteen (15) years.
4. Authorization of Officers. The Mayor, City Clerk and City Treasurer are each
hereby authorized and directed to execute such additional documentation and open such accounts
as shall be necessary to effectuate the closing of the Agreement and the assignment thereof to the
Lender within the parameters set forth in this resolution.
5. Assignment of Agreement. The assignment of the Agreement by the Builder to the
Lender is hereby approved.
6. Security; Limited Tax Pledge. The City hereby agrees to include in its budget for
each year, commencing with the present fiscal year, a sum which will be sufficient to pay the
principal of and the interest coming due under the Agreement during such fiscal year. In addition,
the City hereby pledges to levy ad valorem taxes on all taxable property in the City each year in
an amount necessary to make its debt service payments under the Agreement, subject to applicable
constitutional, statutory and charter tax rate limitations.
-2-
7. Rescission. All resolutions and parts of resolutions insofar as they conflict with the
provisions of this resolution be and the same hereby are rescinded to the extent of such conflict.
AYES: Members _________________________________________________________
__________________________________________________________________
NAYS: Members _________________________________________________________
RESOLUTION DECLARED ADOPTED.
____________________________________
Ann Marie Meisch
City Clerk
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on December 8, 2020, and that said meeting was conducted and public notice
of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being
Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will
be or have been made available as required by said Act.
____________________________________
Ann Marie Meisch
City Clerk
-3-
Exhibit A
[Attach Form of Installment Purchase Agreement here]
36892841.1/063684.00048
A-1
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 8, 2020 Title: NEZ Certificates
Submitted By: Mike Franzak Department: Planning
Brief Summary: Applications for Neighborhood Enterprise Zone (NEZ) certificates have been
received for homes at the Terrace Point Landing development. The applications are for the
following addresses: 319, 676, 678, 680, 682, 684 and 686 Terrace Point. All applicants have met
local and state requirements for the issuance of the NEZ certificates.
Detailed Summary:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the NEZ certificates at 319, 676, 678, 680, 682, 684 and 686
Terrace Point Dr for a duration of 12 years.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION 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 Thomas and Linda Olson to construct a new home at 319 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 Thomas and Linda Olson be approved.
Adopted this 10th day of December, 2020.
Ayes:
Nays:
Absent:
By: __________________________
Stephen J. Gawron, Mayor
Attest: _________________________
Ann Meisch
City Clerk
12/3/2020
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 December 10, 2020.
By: ________________________
Ann Meisch
City Clerk
12/3/20
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 Terrace Point Landing, LLC to construct a new home at 676 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 Terrace Point Landing, LLC be
approved.
Adopted this 10th day of December, 2020.
Ayes:
Nays:
Absent:
By: __________________________
Stephen J. Gawron, Mayor
Attest: _________________________
Ann Meisch
City Clerk
12/3/2020
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 December 10, 2020.
By: ________________________
Ann Meisch
City Clerk
12/3/20
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 Terrace Point Landing, LLC to construct a new home at 678 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 Terrace Point Landing, LLC be
approved.
Adopted this 10th day of December, 2020.
Ayes:
Nays:
Absent:
By: __________________________
Stephen J. Gawron, Mayor
Attest: _________________________
Ann Meisch
City Clerk
12/3/2020
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 December 10, 2020.
By: ________________________
Ann Meisch
City Clerk
12/3/20
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 Terrace Point Landing, LLC to construct a new home at 680 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 Terrace Point Landing, LLC be
approved.
Adopted this 10th day of December, 2020.
Ayes:
Nays:
Absent:
By: __________________________
Stephen J. Gawron, Mayor
Attest: _________________________
Ann Meisch
City Clerk
12/3/2020
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 December 10, 2020.
By: ________________________
Ann Meisch
City Clerk
12/3/20
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 Terrace Point Landing, LLC to construct a new home at 682 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 Terrace Point Landing, LLC be
approved.
Adopted this 10th day of December, 2020.
Ayes:
Nays:
Absent:
By: __________________________
Stephen J. Gawron, Mayor
Attest: _________________________
Ann Meisch
City Clerk
12/3/2020
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 December 10, 2020.
By: ________________________
Ann Meisch
City Clerk
12/3/20
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 Terrace Point Landing, LLC to construct a new home at 684 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 Terrace Point Landing, LLC be
approved.
Adopted this 10th day of December, 2020.
Ayes:
Nays:
Absent:
By: __________________________
Stephen J. Gawron, Mayor
Attest: _________________________
Ann Meisch
City Clerk
12/3/2020
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 December 10, 2020.
By: ________________________
Ann Meisch
City Clerk
12/3/20
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 Terrace Point Landing, LLC to construct a new home at 686 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 Terrace Point Landing, LLC be
approved.
Adopted this 10th day of December, 2020.
Ayes:
Nays:
Absent:
By: __________________________
Stephen J. Gawron, Mayor
Attest: _________________________
Ann Meisch
City Clerk
12/3/2020
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 December 10, 2020.
By: ________________________
Ann Meisch
City Clerk
12/3/20
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 8, 2020 Title: Street/Alley Vacations
Submitted By: Mike Franzak Department: Planning
Brief Summary: Staff initiated request to vacate the following streets and alley: E Muskegon Ave
between Cedar St and Emerald St; Rathborn St between Walton Ave and Eastern Ave; and the
alley east of Cedar St and west of Eastern Ave between Walton Ave and Yuba St.
Detailed Summary: The Planning Commission unanimously recommended vacation of the streets
and alley.
See below
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To vacate E Muskegon Ave between Cedar St and Emerald St; Rathborn
St between Walton Ave and Eastern Ave; and the alley east of Cedar St and west of Eastern Ave
between Walton Ave and Yuba St.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
E Muskegon Ave between Cedar St and Emerald St, highlighted in red.
Rathborn St between Walton Ave and Eastern Ave
Alley east of Cedar St and west of Eastern Ave
CITY OF MUSKEGON
RESOLUTION No.______________
RESOLUTION TO VACATE PUBLIC STREETS & ALLEY
WHEREAS, petitions have been received to vacate E Muskegon Ave between Cedar St and Emerald
St; Rathborn St between Walton Ave and Eastern Ave; and the alley east of Cedar St and west of Eastern
Ave between Walton Ave and Yuba St.; and
WHEREAS, the Planning Commission held public hearings on November 12, 2020 to consider the
petitions and subsequently recommended the vacations; and
WHEREAS, due notice had been given of said hearing as well as the December 10, 2020 City
Commission meeting to consider the recommendation of the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the public
interest to vacate and discontinue E Muskegon Ave between Cedar St and Emerald St; Rathborn St
between Walton Ave and Eastern Ave; and the alley east of Cedar St and west of Eastern Ave between
Walton Ave and Yuba St; and
BE IT FURTHER RESOLVED that the City Commission does hereby declare the said streets and alley
vacated and discontinued provided, however, that this action on the part of the City Commission shall
not operate so as to conflict with any fire access or the utility rights heretofore acquired by the City or
by any public service utility in the City of Muskegon, operating in, over and upon said portion of street
hereby vacated, and it is hereby expressly declared that any such rights shall remain in full force and
effect;
BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the city shall restore
the disturbed area to the grade and paving in existence at the time of vacation. The City shall not be
responsible to replace special planting, landscaping, fences or any structure. No structure shall be
placed in the vacated alley which, in the sole judgment of the City, will interfere with the repair or
maintenance of utilities in the easement, public or private.
Adopted this 8th day of December 2020.
Ayes:
Nays:
Absent:
By:
Stephen J. Gawron, Mayor
Attest:
Ann Meisch, MMC, City Clerk
CERTIFICATE
(Vacate E Muskegon Ave between Cedar St and Emerald St; Rathborn St between Walton Ave and
Eastern Ave; and the alley east of Cedar St and west of Eastern Ave between Walton Ave and Yuba St.)
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 December 8, 2020.
______________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 8, 2020 Title: Former Farmers Market Rezoning
Submitted By: Mike Franzak Department: Planning
Brief Summary: Staff initiated request to rezone the properties at 731 Yuba St, 205 E Muskegon, 225
Eastern Ave, 287 E Muskegon Ave, 185 E Muskegon Ave and 209 E Walton Ave to Form Based Code,
Urban Residential.
Detailed Summary: This is the former Farmers Market site. The property was rezoned to
industrial a couple years ago, but residents eventually pushed back at the food processing
proposal. Staff is currently working with Allen Edwin Home Builders on a residential development
at this site.
The Planning Commission unanimously recommended approval of the rezoning’s at their
November meeting.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the rezoning of the former Farmers Market site.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Planning Commission Excerpt:
SUMMARY
1. Staff has been working with Allen Edwin Home Builders on a potential housing development at
the former Farmers Market site.
2. 731 Yuba St, 205 E Muskegon Ave, 255 Eastern Ave and 287 E Muskegon Ave are currently
zoned I-1, Light Industrial. 185 E Muskegon Ave and 209 E Walton Ave are currently zoned R-
3, High Density Single-Family Residential.
3. Staff is seeking a rezoning to FBC, UR to allow for the housing development, which includes a
majority of single-family homes, with some duplexes mixed in.
4. Notice was mailed to everyone within 300 feet of the property. At the time of this writing staff
had not received any comments.
Zoning Map
Aerial Map
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 8, 2020 Title: Parkland Properties Marina Agreement
Submitted By: Frank Peterson Department: City Manager
Brief Summary: Staff is seeking approval of the attached development agreement with Parkland Properties
to construct a dry marina on property mutually encumbered by the City of Muskegon and Parkland
Properties.
Detailed Summary: Many years ago, as part of the development of the SPX corporate headquarters, a
piece of the land was encumbered for mutual benefit of the property owner and the public. The result of
the agreement is that the land be perpetually used as a parking lot. Overtime, the hotel was developed
and the ownership interests of SPX now belong to Parkland Properties. In an effort to find a higher and
better use for the property, staff has worked with Parkland Properties to create a development agreement
that results in redevelopment of the site to accommodate a dry marina and replace the public parking
spaces along the Terrace point Drive median. The development would also include the construction of
townhomes overlooking Terrace Point Drive and the Shoreline Inn.
The Developer will invest in excess of $4 Million in initial costs to construct the dry marina and improve the
parking along Terrace Point Drive from Shoreline Drive to the Terrace Pointe Traffic Circle. The Developer
will also invest in excess of $5 Million in new residential development on the Parkland-owned property
located at 650 Terrace Point Drive. The project could take as long as 5 years, depending on State and
Federal approval processes.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To authorize the City Manager to sign the Development Agreement.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the “Agreement”) is made as of
December ____, 2020, by and between the CITY OF MUSKEGON, a Michigan
municipal corporation of 933 Terrace St. (the “City”); and PARKLAND MARINA, LLC,
a Michigan limited liability company of 75 W. Walton, STE A, Muskegon, MI 49440
(“Parkland”) (the City and Parkland are sometimes collectively referred to as “Parties”).
RECITALS
A. The City is the owner of property identified as Parcel No. 61-24-205-563-
0010-00 with a street address of 350 Shoreline Drive, in the City of Muskegon, as legally
described and depicted in the attached Exhibit A (the “Property”). The Property is burdened
by certain easement agreements between the Parties dated ____________ and __________
(the “Easements”), which, among other things, obligate parts of the Property to be used as
parking for the benefit of Parkland.
B. Subject to approval from the Department of Environmental, Great Lakes
and Energy; and the Army Core of Engineers, Parkland plans to develop the Property to
provide in-and-out boat storage racks within an enclosed warehouse facility (the “Project”)
on the Property. The current site plan for the Project is included in the attached Exhibit B.
The final site plan shall be agreed to by the Parties prior to commencement of construction.
C. The Parties believes the Project, and the fulfillment generally of this
Agreement, are in the best interests of the City as a whole and necessary for the purposes
of the creation of jobs and employment opportunities; to drive new tourism; and to improve
the economic welfare of the residents of the City.
D. The parties are entering into this Agreement to (i) establish the procedures
for the transferring the Property to Parkland and extinguishing the Easements, (ii) outlining
the development obligations of Parkland, (iii) outlining the development obligations of the
City; and (iv) providing methods to undo the transfer of the Property, in the event the
Project is not completed within the specified timeframe in this Agreement.
AGREEMENT
Therefore, in exchange for the consideration in and referred to by this Agreement,
the Parties agree as follows:
1. Transfer of Property. Within 30 days of execution of this Agreement, the
City shall transfer ownership of the Property by quit claim deed to Parkland. Except as
provided in paragraph 5, the Easements and the rights under the Easements shall be
considered extinguished upon the date of transfer.
2. Project. Within 2 years of the transfer identified in paragraph 1, Parkland
TERRACE POINT DRY MARINA DEVELOPMENT AGREEMENT 1
shall:
a. Apply to the City of Muskegon Planning Commission for site plan approval.
b. Apply to the City of Muskegon for any other required zoning approvals.
c. Submit an application for the Project to the necessary State permitting agencies
including the Department of Environment, Great Lakes and Energy. This includes,
but is not limited to, permits for a lift well and a wave attenuator.
d. Submit an application for the Project to necessary Federal permitting agencies
including the Army Core of Engineers. This includes, but is not limited to, permits
for a lift well and a wave attenuator.
3. Off-site Improvements. The City will permit Parkland to create additional
parking for the Project, the Shoreline Inn & Conference Center, Terrace Point Marina, and
the Lakehouse Waterfront Grille in the area commonly known as Terrace Point Drive, as
well as the vacant land owned by the City indicated on the attached Exhibit A. Parkland
will undertake or cause to be undertaken the necessary road improvements to Terrace Point
Drive to create parking. Parkland will also undertake or cause to be undertaken the
construction of the parking lot on the triangular-shaped, vacant land between Shoreline
Drive and Terrace Point Drive adjacent to its intersection. The Parties shall also continue
to investigate the potential re-opening of the First Street connection between Shoreline
Drive and Terrace Point Drive.
4. Default by Parkland. If within 3 years of obtaining all necessary permits
described in paragraph 2 above, Parkland has not commenced construction of the Project,
commenced construction of an alternative project costing at least $2 million to construct,
or Parkland has not taken reasonable actions to move the Project forward (an “Event of
Default by Parkland”), the City, at its sole discretion, may require that Parkland deed the
Property back to the City and Parkland shall deed the Property back to the City within 30
days of receiving such written notice from the City. In the event the Property is deeded
back to the City, the Parties shall re-enter into identical use rights for the Property as
outlined in the Easements. Parkland shall bear the cost of recording the documents and this
Agreement shall automatically terminate at the time of recording of the documents with
the Muskegon County Register of Deeds. In the event that no written notice is issued by
the City within 1 year of the Event of Default, the reverter rights in this paragraph shall be
automatically extinguished.
5. Default by the City. If the City does not transfer ownership of the Property
by quit claim deed to Parkland within 30 days of execution of this Agreement or if the City
does not reasonably work with Parkland to undertake or cause to be undertaken the
necessary road improvements for the Project (an “Event of Default by the City”), Parkland
may refrain from any further performance of its covenants and agreements contained herein
until the Event of Default is cured by the City, seek specific performance of this
Agreement, or terminate this Agreement and seek any legal recourse to which it is entitled.
TERRACE POINT DRY MARINA DEVELOPMENT AGREEMENT 2
ADDITIONAL PROVISIONS
6. Organization and Powers. The Parties hereby represent that they are duly
organized, validly existing and in good standing under the laws of the State of Michigan;
and they have the requisite corporate power and authority to enter into this Agreement and
to carry out and perform all of the covenants contained herein.
7. Authorization. The execution, delivery and performance of this Agreement
by the City has been duly authorized by all necessary action, pursuant to resolution passed
by the City Commission.
8. No Conflict. The execution, delivery and performance by the 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 obligation.
9. Term. This Agreement shall terminate on the earlier of the date a certificate
of occupancy is issued for the Project; or the date that the Property is deeded to the City
and the Parties re-ratify and re-instate the Easements, pursuant to paragraph 2.
10. Limitation of Rights. This Agreement is for the sole and exclusive benefit
of the Parties hereto and nothing expressed in or to be implied from this Agreement is
intended to give any person other than the Parties hereto any legal or equitable right,
remedy or claim under or in respect to this Agreement.
11. Notices. All notices or other communications hereunder shall be
sufficiently given and shall be deemed given when dispatched by regular, registered or
certified mail, postage prepaid, or by hand delivery, addressed or delivered as follows:
If to the City:
City of Muskegon
933 Terrace St.
Muskegon, MI 49440
Attn: City Manager
If to Parkland:
Parkland Marina Development, LLC
75 W. Walton, STE A
Muskegon, MI 49440
TERRACE POINT DRY MARINA DEVELOPMENT AGREEMENT 3
Attn: Jonathan Rooks
The parties hereto may, by notice given hereunder, designate any further or
different address to which subsequent notices or other communications may be sent.
12. Interpretation. This is the entire agreement of the Parties hereto as to its
subject. It shall not be amended or modified except in writing signed by the Parties. It shall
be affected by any course of dealing and the waiver of any breach shall not constitute a
waiver of any subsequent breach of the same or any other provision of this Agreement.
13. Assignment and Binding Effect. This Agreement, when executed and
delivered by the parties, will be a legally valid and binding obligation of the Parties,
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. This Agreement
and the rights and obligations under this Agreement shall not be assigned or otherwise
transferred by any party without the consent of the other parties; provided, however,
Parkland may assign or transfer this Agreement to an affiliated entity that it creates to
construct or operate the Project. This Agreement shall be binding upon any successors or
permitted assigns of the Parties.
14. Governing Law. This Agreement shall be construed in all respects in
accordance with the laws of the State of Michigan. The performance by the Parties of their
obligations, covenants, commitments and undertakings pursuant to this Agreement do not,
and will not be, in violation of any law, ordinance, rule, regulation, order, policy, guideline
or other requirement of any domestic or foreign government, or any instrumentality or
agency thereof, having jurisdiction over the Property, Convention Center or the Project.
15. Exhibits. All exhibits attached hereto are incorporated herein as though
fully stated herein.
16. Survival of Representations, Warranties, Covenants and Agreements.
The representations, warranties, covenants and agreements of the Parties contained in this
Agreement shall survive the closing of the Property.
17. Enforcement. The parties hereto are entitled to all remedies authorized by
law to enforce the provisions of this Agreement including, but not limited to, specific
performance. In the event any litigation commences for violation of this Agreement, the
prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs to
pursue the action.
18. 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
TERRACE POINT DRY MARINA DEVELOPMENT AGREEMENT 4
electronic transmission and such execution and delivery shall be considered valid, binding
and effective for all purposes.
19. 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.
20. 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.
21. Drafting and Construction. The 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.
22. 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.
23. Effective Date. This Agreement and the provisions hereof shall become
effective on the date and year first identified above.
IN WITNESS WHEREOF, the City and Parkland have caused this Agreement to
be signed as of the date and year first identified above.
TERRACE POINT DRY MARINA DEVELOPMENT AGREEMENT 5
CITY OF MUSKEGON
Dated: _________________, 2020 By:_________________________________
Stephen Gawron, its Mayor
Dated: _________________, 2020 By:_________________________________
Ann Marie Meisch, its Clerk
STATE OF MICHIGAN )
COUNTY OF MUSKEGON ) ss
CITY OF MUSKEGON )
The foregoing signatories, ________________________ are known to me, respectively, as
the Mayor and Clerk the City of Muskegon, and they acknowledged the foregoing
instrument on behalf of the City this ______ day of __________________, 2020.
____________________________________
_______________________, Notary Public
My Commission expires: _______________
TERRACE POINT DRY MARINA DEVELOPMENT AGREEMENT 6
PARKLAND MARINA, LLC
a Michigan Limited Liability Company
Dated: _________________, 2020 By:_________________________________
Attest:______________________________
STATE OF MICHIGAN )
COUNTY OF MUSKEGON ) ss
CITY OF MUSKEGON )
The foregoing signatory, Jonathan L. Rooks is known to me, as the Manager of
PARKLAND MARINA, LLC, a Michigan limited liability company, and acknowledged
the foregoing instrument on behalf of the Company this ______ day of _______________,
2020.
____________________________________
_______________________, Notary Public
My Commission expires: _______________
TERRACE POINT DRY MARINA DEVELOPMENT AGREEMENT 7
EXHIBIT A
PROPERTRY
TERRACE POINT DRY MARINA DEVELOPMENT AGREEMENT 8
EXHIBIT B
PROJECT PRELIMINARY SITE PLAN AND ELEVATIONS
TERRACE POINT DRY MARINA DEVELOPMENT AGREEMENT 9
TERRACE POINT DRY MARINA DEVELOPMENT AGREEMENT 10
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 8, 2020 Title: Convention Center Agreements
Submitted By: Frank Peterson Department: City Manager
Brief Summary: Staff is seeking approval of two agreements: authorizing the City to enter into the
Convention Center Naming Rights and Sponsorship Agreement with VanDyk Mortgage
Corporation; and approving corresponding amendment to the Convention Center Management
Agreement with Parkland.
Detailed Summary: In an effort to raise additional capital to ensure the highest quality convention
center without levying additional taxes or fees, on November 26, 2019, staff was authorized to
identify strategic advertising partners within the new convention center. The goal was to raise at
least $1 Million over a period not to exceed 20 years.
Staff is pleased to present a naming-rights agreement with VanDyk Mortgage that will generate
$150,000 annually for the next 10 years. Over that 10-year period, the city will net approximately $1
Million after paying sellers commissions, installing signage, and compensating Parkland $2,000 per
month for convention center operation costs associated with the VanDyk Agreement. The net
income from the initial sponsor commitment has exceeded expectations and will be used to offset
approximately $2 Million in unexpected cost overruns at the facility. Staff intends to seek out other
strategic partners to name/sponsor interior signage.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: Approve the Naming Rights and Sponsorship Agreement with VanDyk
Mortgage and approve the corresponding 1st Amendment to the Convention Center Management
Agreement with Parkland, and authorize the City Manager to sign the agreements.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
NAMING RIGHTS AND SPONSORSHIP AGREEMENT
THIS NAMING RIGHTS AND SPONSORSHIP AGREEMENT (the “Agreement”) is
made and entered into this 8th day of December, 2020 (the “Effective Date”), by and between
VanDyk Mortgage Corporation (“VanDyk”), the City of Muskegon (“City”), and Parkland
Acquisition Two, LLC (“Parkland”) (VanDyk, City and Parkland are sometimes referred to
collectively as the “Parties”).
Recitals
A. City is the owner of the Muskegon Lakeshore Convention Center, a multi-use
convention center located in Muskegon, Michigan ("Convention Center").
B. Parkland is the operator and manager of the Convention Center, and the owner of
the attached Delta Hotels by Marriott Muskegon Lakeshore Convention Center (“Hotel”).
C. The Convention Center is currently under construction, with a projected completion
date of March 1, 2021 and when open, it will be used for private events, conventions, conferences,
concerts, and other public events.
D. The City and Parkland have the right to name the Convention Center and VanDyk
desires to acquire certain naming rights associated with the Convention Center, in accordance with
the terms of this Agreement.
E. Contemporaneously with this Agreement, Parkland and VanDyk entered into a
License Agreement (“License Agreement”), and Parkland and the City entered into a First
Amendment to Management Agreement (“First Amendment”), which outlined other obligations
with regard to the Convention Center.
NOW THEREFORE, for mutual consideration, the sufficiency of which is hereby
acknowledged, the Parties mutually agree as follows:
1. Term. The term of this Agreement (the “Term”), shall commence on the 1st day
of January, 2021 ("Commencement Date"), and shall continue for a period of ten (10) years,
terminating on the 31st day of December 2031 (the “Termination Date”), unless terminated earlier
in accordance with the terms of this Agreement.
2. Convention Center Naming and Signage Rights.
A. Exclusivity. As of the Commencement Date, the City and Parkland
hereby grant to VanDyk the exclusive right to name the Convention Center the VanDyk
Mortgage Convention Center (the “Approved Name”), in accordance with the terms of this
Agreement. The Approved Name shall be used with all physical, electronic and other references
to the Convention Center by City, Parkland, and their affiliates. The Approved Name may only
be modified by mutual agreement of the Parties.
B. Logos. Within twenty (20) days from execution of this Agreement,
VanDyk will furnish the City and Parkland with one or more corporate logos that may be used
with all physical, electronic, and other references to the Convention Center by City, Parkland,
and their affiliates. The Parties may also create an alternative logo to promote the Convention
Center provided the final logo is mutually agreed by the Parties prior to being used in any
physical, electronic, or other Convention Center promotion.
C. Exterior Signage Rights. Subject to local zoning requirements, VanDyk
shall have the right to exterior signage as outlined in Exhibit A and described below:
i. a large backlit sign on the Western Avenue side of Convention Center,
to be installed at the expense of City, no later than April 1, 2021. The
size, design, and location of sign will be mutually agreed upon in
advance by the Parties.
ii. a backlit sign on the Shoreline Drive side of Convention Center,
incorporated into the existing shared marquee sign between Mercy
Health Arena and the Convention Center, to be installed at the
expense of City, no later than April 2021. The design of sign will be
mutually agreed upon in advance by the Parties.
iii. a large backlit sign on the Shoreline Drive side of Convention Center,
to be installed at the expense of City, no later than April 2021. The
size, design, and location of sign will be mutually agreed upon in
advance by the Parties.
iv. additional exterior Convention Center signage shall be permissible
with the written consent of the City and Parkland, which consent shall
not be unreasonably withheld.
v. The City and Parkland acknowledge the rights granted herein with
respect to exterior signage are exclusive and City and Parkland shall
grant no new exterior signage rights to any other third parties without
advance written consent from VanDyk, which consent shall not be
unreasonably withheld. VanDyk shall not unreasonably withhold its
consent to any new third party sponsorships if it remains clear to the
general public that convention center is called the VanDyk Mortgage
Convention Center.
D. Interior Signage. VanDyk acknowledges the rights granted under this
Agreement are not exclusive with respect to interior signage in the Convention Center. Except as
provided in this paragraph, the City and Parkland have complete discretion to rent or lease interior
signage to third parties and to retain all revenue associated with such rent or lease. This includes,
but is not limited to, doorway, room and hallway signage. Notwithstanding, VanDyk shall have
the right to the following interior signage:
i. In the event interior wayfinding signage is installed in the Convention
Center, VanDyk’s logo shall be displayed on each wayfinding sign. The
size, design, and location of the logo will be mutually agreed upon in
advance by the Parties.
ii. a logo at the lower entry glass doors facing Shoreline Drive near the
new VanDyk office. The size, design, and location of logo will be
mutually agreed upon in advance by the Parties.
E. Cost of Signage. The City shall be responsible, at its expense, for the cost
of the signage and any necessary maintenance/replacement of such signage, except to the extent
any necessary repair or replacement is caused by actions of VanDyk or any VanDyk agents and
representatives, in which event VanDyk shall be responsible at its expense for any necessary repair
or replacement. In addition, the City shall be responsible, at its expense, for the cost of mounting
all signage to the Convention Center, as well as the cost of providing reasonably suitable lighting
for the exterior signage, including, but not limited to the cost of providing power for said lighting.
F. Sign Removal and Substitute Exposure. The City and Parkland reserve
the right (subject to the prior approval of VanDyk, not to be unreasonably withheld), to change the
nature and location of the signage, at City’s own expense, in connection with any renovation,
alteration or repairs of the Convention Center, so long as VanDyk receives equivalent exposure
both before and after any such renovation, alteration or repairs; and the City of Parkland provides
at least thirty (30) days’ prior notice of such change to VanDyk.
G. Change of VanDyk Name. In the event that VanDyk changes its name,
VanDyk shall have the right to change the name of the Convention Center, as well as the logos,
with the prior approval of the City and Parkland, which approval shall not be unreasonably
withheld. In the event that the name of the Convention Center is changed under this provision, all
costs of effectuating the name change shall be borne solely and entirely by VanDyk, and any and
all costs and expenses incurred by the City in connection with effectuating such change of the
name or logo shall be paid by VanDyk promptly upon request by the City.
3. Naming Ceremonies. The Parties will agree in advance on any press
announcements regarding the naming of the Convention Center, and the timing of the release of
any such announcements. VanDyk shall have the right to have representatives contribute to the
official naming ceremonies for the Convention Center. VanDyk will also have the right to approve
in advance (such approval not to be unreasonably withheld) any press announcements, press
releases or other materials to be distributed to the general public by or on behalf of the City and
Parkland relating to the initial naming of the Convention Center under this Agreement.
4. Payments and Fees for Naming, Signage and Sponsorship.
A. Fee Schedule. In consideration of the naming, signage and sponsorship
rights granted to VanDyk under this Agreement, VanDyk shall pay to the City a naming rights and
sponsorship fee ("Naming Rights Fee") in the total amount of One Million Five Hundred Thousand
($1,500,000.00) Dollars. The Naming Rights Fee will be paid as follows: (i) One Hundred Fifty
Thousand ($150,000) will be paid on or before January 1, 2021, or within 15 days of execution of
this Agreement, whichever is sooner; and (ii) $12,500 will be paid on the first day of every month
beginning January 1, 2021 until the final payment on December 1, 2029, or until terminated in
accordance with the terms of this Agreement.
B. Late Fees and Interest.
i. Any amounts due from VanDyk under this Agreement which are not
received by the City within fifteen (15) days of when due shall accrue
interest on the amount due and owing at the rate of twelve percent (12%)
per annum from the date such amount first became due until paid.
ii. Whenever any payment to be made under this Agreement shall fall on a
day which is not a Business Day, the payment shall be made on the next
succeeding Business Day. The Term “Business Day,” as used in this
Agreement shall mean any day that banks are open for business in the
State of Michigan (excluding Saturdays and Sundays).
C. Renewal. VanDyk shall have the first right to renew the Term of this
Agreement for successive ten (10) year periods at market rates, but not less than the total amount
specified for the initial Term.
D. Non-Renewal. Beginning January 1, 2022, VanDyk shall have the option
to terminate this Agreement with twelve (12) months’ advance written notice to the City and
Parkland. VanDyk shall continue to pay the Naming Rights Fee until the conclusion of this
Agreement and the monthly Naming Rights Fee will be pro-rated to the date of termination.
5. Intellectual Property.
A. Names, Trademarks and Service Marks.
i. VanDyk acknowledges that the City is the exclusive owner and
Parkland is the exclusive manager of the Convention Center, and City
and Parkland have the right to license the Convention Center’s name.
ii. The City and Parkland acknowledge that VanDyk is the owner of the
name, trademark or service mark of the names or phrases " VanDyk
Mortgage," “VanDyk Mortgage Muskegon,” and “VanDyk Mortgage
West Michigan," as well as any logos associated therewith or containing
such phrases.
iii. Subject to the terms of this Agreement, VanDyk grants to the City and
Parkland a non-exclusive, royalty-free license during the Term to use
and to grant others the right to use the name “Vandyk Mortgage” and its
related logos, including, without limitation, any copyrights, trademarks,
service marks, and other intellectual property relating to the same, and
any derivatives, modifications or alterations thereof (collectively
“Marks”), in connection with the promotion, marketing and operations
of the Convention Center and events held at the Convention Center and
signage to the Convention Center; provided, however, that any such
rights granted by the City and Parkland to third parties to use the
VanDyk Marks shall expire within ninety (90) days of conclusion of this
Agreement. The City and Parkland may, subject to the prior approval of
VanDyk, grant non-exclusive rights to providers of goods and services
and advertisers to use the VanDyk Marks for purposes of promoting
themselves and the Convention Center; provided, that such uses are
consistent with the terms and conditions of this Agreement. The grant
by VanDyk herein of a license to the City and Parkland shall not convey
any right, title or interest in the VanDyk Marks for any use or purpose
other than expressly provided herein, or to modify any such Marks or
logos except as approved by VanDyk, and VanDyk specifically reserves
all such rights for itself. In addition, VanDyk reserves the right to
inspect the City and Parkland’s use of the VanDyk Marks at any time
during the Term.
iv. Subject to the terms of this Agreement, the City and Parkland grant to
VanDyk a non-exclusive, royalty-free license during the Term (and for
ninety (90) days thereafter) to use and to grant others the right to use the
name “Lakeshore Convention Center” and the related logos, including,
without limitation, any copyrights, trademarks, service marks, and other
intellectual property relating to the same, and any derivatives,
modifications or alterations thereof (collectively “Convention Center
Marks”), in connection with the promotion, marketing and operations
of the Convention Center and events held at the Convention Center;
provided, however, that any such rights granted by VanDyk to third
parties to use the Convention Center Marks shall expire
contemporaneously with this Agreement. VanDyk may, subject to the
prior approval of the City and Parkland, grant non-exclusive rights to
providers of goods and services and advertisers to use the Convention
Center Marks for purposes of promoting itself and the Convention
Center; provided, that such uses are consistent with the terms and
conditions of this Agreement. The grant by the City and Parkland herein
of a license to VanDyk shall not convey any right, title or interest in the
Convention Center Marks for any use or purpose other than expressly
provided herein, or to modify any such Marks or logos except as
approved by the City and Parkland, and the City and Parkland
specifically reserves all such rights for themselves. In addition, the City
and Parkland reserves the right to inspect VanDyk’s use of the
Convention Center Marks at any time during the Term.
B. Marks. Except as provided above, neither party shall use any names,
trademarks, service marks, copyrights, trade names or photographs of the facilities or products of
the other party for any purpose, except as provided for in this Agreement, without the prior written
consent of the other parties, such consent to be required for each proposed use and each use to be
accompanied by the appropriate trademark, service mark, copyright, or other designation required
by the owner of such property. Notwithstanding the above, the Parties acknowledge and agree that
each party shall have the unlimited right to photograph (including, but not limited to motion
picture, still, or video device photography) the Convention Center building and to exhibit and
exploit such photography in any medium presently existing or hereafter developed; provided, the
Parties do not photograph Parkland’s patrons, events, conferences and meetings in the Convention
Center without the explicit prior consent of Parkland.
6. Online and Social Media. By January 30, 2021, the City and Parkland shall update
the name of the Convention Center on the website, Google, event planner websites, and online
social media platforms to reflect the new name of VanDyk Mortgage Convention Center.
7. Bi-Annual Conference. In accordance with the License Agreement, VanDyk shall
host a three (3) day corporate fly-in conference at the Convention Center during each odd calendar
year (beginning with 2021). In the event VanDyk, its agents and conference attendees purchase a
minimum of one thousand (1,000) total hotel room nights in Muskegon County for the conference,
Parkland will waive the room rental fees in the Convention Center during the conference. VanDyk
agrees that in order to qualify the room nights, VanDyk, its agents and conference attendees must
prioritize hotel room night bookings and filling hotels in the following order: (i) first rooms must
be booked at the attached 200-room, Delta Hotels by Marriott Muskegon Lakeshore Convention
Center; (ii) then rooms must be booked at the 140-room, Shoreline Inn & Conference Center,
across the street; (iii) then rooms must be booked in other hotels within the City of Muskegon; and
(iv) lastly, rooms may be booked in other hotels within the County of Muskegon.
8. Preferred Vendor. The City agrees to list VanDyk Mortgage Corporation as its
preferred vendor for mortgage lending. As such, all properties built or renovated for sale as part of
the City’s in-fill housing program shall be co-branded with VanDyk Mortgage. VanDyk agree to
provide competitive pricing, including closing costs, fees, and interest rates, to purchasers of said
properties that elect to utilize the services of VanDyk Mortgage.
9. Representations and Warranties of City and Parkland. The City as to the City
and Parkland as to Parkland represent and warrant to VanDyk as follow:
A. Due Organization and Good Standing. The City and Parkland are duly
organized, validly existing and in good standing under the laws of the state of
Michigan; and have all the requisite power and authority to execute, deliver and
perform their obligations under this Agreement, and no consent of a third party
is necessary to execute, deliver and perform its obligations under this
Agreement.
B. Binding Effect. This Agreement has been duly authorized, executed and
delivered by the City and Parkland and constitutes the legal, valid and binding
obligation of it, enforceable against it, in accordance with the term hereof.
C. No Conflict. The execution, delivery and performance of this Agreement by
the City and Parkland does not conflict with, nor will it result in, a breach or
violation of (i) the City’s or Parkland’s organizational documents, or (ii) any
material agreement to which they are a party.
10. Representations and Warranties of VanDyk. VanDyk represents and warrants
to the City and Parkland that:
A. Due Organization and Good Standing. VanDyk is duly organized, validly
existing and in good standing under the laws of the jurisdiction in which it is
incorporated; and has all the requisite power and authority to execute, deliver
and perform its obligations under this Agreement, and no consent of a third
party is necessary to execute, deliver and perform its obligations under this
Agreement.
B. Binding Effect. This Agreement has been duly authorized, executed and
delivered by VanDyk and constitutes the legal, valid and binding obligation of
it, enforceable against it, in accordance with the term hereof.
C. No Conflict. The execution, delivery and performance of this Agreement by
VanDyk does not conflict with, nor will it result in, a breach or violation of (i)
the VanDyk’s organizational documents, or (ii) any material agreement to
which it is a party.
11. Termination of Agreement.
A. VanDyk Default. The occurrence of any one or more of the following
constitutes a “VanDyk Default” under this Agreement:
i. VanDyk’s failure to pay the Naming Rights Fee within fifteen business
(15) days of when due and owing hereunder, subject to cure provisions
contained in paragraph 8(A)(iii) below;
ii. If at any time during the Term, VanDyk shall file or have filed against
it, in any court pursuant to any statute either of the United States or of
any state, a petition in bankruptcy, for reorganization, for the
appointment of a receiver, or for an arrangement under the Bankruptcy
Act or Code or similar type of proceeding, and such petition is not
dismissed within sixty (60) days of such initial filing; or
iii. VanDyk’s (and/or its affiliates’) breach of any of the material
covenants, agreements, representations or warranties contained in this
Agreement, if such breach (i) has not been waived in writing; and (ii) is
not cured or remedied by VanDyk within thirty (30) days after delivery
of written notice specifying the nature of the breach, or (iii) if such
breach is capable of being cured but not within such thirty (30) day
period and VanDyk is using diligent efforts to cause such breach to be
cured, then the cure period set forth herein shall be extended to ninety
(90) days. The ninety (90) day extension shall not apply to failure to pay
the Naming Rights Fee.
iv. Upon the occurrence of a VanDyk Default, the City and/or Parkland
may upon written notice to VanDyk, terminate this Agreement and any
monies already then paid by VanDyk may be retained by the City and/or
Parkland. If VanDyk Default occurs before December 31, 2021,
VanDyk agrees to pay to the City the cost of removing all signage
bearing any VanDyk Marks.
v. In addition, if at any time during the Term, the City and Parkland
determine, after giving notice to VanDyk and a reasonable opportunity
to respond, but not less than sixty (60) days, that any of the below
Unusual and Compelling Circumstances have occurred, and as a result
the continuation of the use of VanDyk Mortgage’s name would discredit
the Convention Center, the City and Parkland in their sole discretion,
may terminate this Agreement. ‘Unusual and Compelling
Circumstance’ shall mean:
a. Any situation, occurrence or action by VanDyk which subjects
VanDyk or the Convention Center to public scandal, disrepute,
widespread contempt, or public ridicule, because VanDyk
Mortgage has offended, insulted, or denigrated individuals or
groups, or insulted or offended the community or public morals
or decency.
b. Any situation or occurrence where VanDyk makes public
comments which degrade or ridicule the City, Parkland or the
Convention Center.
In the event of the above, the City and/or Parkland may, at their option,
upon written notice to VanDyk and after at least sixty (60) days,
terminate this Agreement and any monies already then paid by VanDyk
may be retained by the City and/or Parkland. If VanDyk actions under
this paragraph occurs before December 31, 2021, VanDyk agrees to pay
to the City the cost of removing all signage bearing any VanDyk Marks.
B. City and/or Parkland Default. The occurrence of any one or more of the
following constitutes a “Default” by City and/or Parkland under this Agreement:
i. The City and Parkland lose the ability to grant naming rights to the
Convention Center for any reason;
ii. The Convention Center is shut-down for any reason (including a Force
Majeure as defined in Section 12 hereof) for a period of twelve (12)
months or more;
iii. City’s or Parkland’s breach of any of the material covenants,
agreements, representations or warranties contained in this Agreement,
or any other agreement between the parties, if such breach (i) has not
been waived in writing; and (ii) is not cured or remedied within thirty
(30) days after delivery of written notice specifying the nature of the
breach or (iii) if such breach is capable of being cured but not within
such thirty (30) day period and City and/or Parkland are using diligent
efforts to cause such breach to be cured, then the cure period set forth
herein shall be extended to ninety (90) days.
iv. Upon the occurrence of a Default by the City or Parkland, VanDyk may,
at its option, upon written notice to both City and Parkland: (i) terminate
this Agreement, in which case VanDyk shall not be obligated to make
any additional Naming Rights Fee Payments due after such termination;
provided, however, that VanDyk shall be obligated to pay any amounts
due on or prior to such termination; and/or (ii) enforce the provisions of
this Agreement by a suit in equity or at law for the specific performance
of any covenant or agreement contained in this Agreement, or for the
enforcement of any other legal or equitable remedy available at law.
C. No Continued Use of Name. Upon termination of this Agreement, the City
and Parkland shall be free to rename the Convention Center and the Parties shall no longer use the
VanDyk Mortgage Convention Center name or logos, and shall make reasonable efforts to notify
parties contracting with the Parties not to use the names or logos; provided, however, that City
shall have a maximum of ninety (90) days after termination of this Agreement to remove any
references to, or displays of, the name and Logos from the Convention Center. Except as provided
in paragraph 11(A), the costs of the removal shall be borne by the City.
12. Litigation concerning Naming Rights. Should individuals or entities whom are
not signatories to this Agreement sue or threaten to sue the City, VanDyk and/or Parkland
concerning this Agreement and/or the substance of this Agreement, the Parties shall meet and
discuss amending this Agreement in order to avoid litigation or the threat of litigation. Any
amendment will require mutual consent of the Parties. In the event that the parties cannot come to
a mutually agreeable amendment to avoid litigation or threatened litigation, either party may
choose to terminate this Agreement and the City and VanDyk would each bear half the cost of
removing the VanDyk signage and logos from the Convention Center. If the parties choose to
defend the litigation or threatened litigation, the Parties shall select legal counsel to represent all
entities and enter into a joint representation agreement and legal fees and expenses in defending
the litigation or threatened litigation shall be split evenly between the City and VanDyk.
13. Confidentiality. To the extent possible, each party agrees to treat as confidential
all information regarding the other party furnished, or to be furnished, pursuant to this Agreement,
including the terms and conditions of this Agreement. However, either party may disclose that
portion of the confidential information that is required to be disclosed by law, including the
Freedom of Information Act.
14. Counterparts. This Agreement may be executed in one or more counterparts, all
of which together shall constitute one instrument.
15. Notice. Each notice, request, demand, consent, approval or other communication
required or permitted under this Agreement (collectively, “notices”) shall be in writing and shall
be deemed to be given if hand-delivered or sent by overnight delivery service at the address set
forth below, or sent electronically (with confirmation of receipt) at the applicable number set forth
below:
If to City of Muskegon:
City Manager
City of Muskegon
933 Terrace St.
Muskegon, MI 49443-0536
With a copy to:
City Attorney
Parmenter Law
601 Terrace St.
Muskegon, MI 49440
If to Parkland Acquisition Two, LLC
Jonathan Rooks
75 West Walton, Suite A
Muskegon, MI 49440
With a copy to:
Charron Law
Dave Charron
5020 East Beltline, NE, Suite 201B
Grand Rapids, MI 49525
If to VanDyk Mortgage:
Tom VanDyk, President
2449 Camelot Court SE
Grand Rapids, MI 49546
With a copy to:
Mario Flores
5906 Commerce Drive, East Suite
Muskegon, MI 49444
Any such notice shall be deemed given when actually delivered, when delivery is refused,
or upon confirmation of receipt of a facsimile.
16. Successors and Assigns. This Agreement shall be binding on, and shall inure to
the benefit of, the parties hereto and their successors and permitted assigns. This Agreement may
not be assigned by any party hereto without the prior written consent of the other parties; provided,
however, that (i) the City and Parkland may assign this Agreement to any existing or future
affiliate, whose business includes the operation of the Convention Center; (ii) VanDyk may assign
this Agreement to any existing or future affiliate, provided that VanDyk shall continue to be
obligated to the City and Parkland under this Agreement; and (iii) VanDyk may assign this
Agreement in connection with the direct or indirect transfer or sale of all or substantially all of its
assets, or in the event of a merger, consolidation, or similar transaction, provided that (a) the
acquirer or surviving entity has creditworthiness or credit rating at least equal to that of VanDyk
immediately prior to the transaction, (b) the acquirer or surviving entity is another mortgage
provider, and (c) such assignee expressly agrees to assume unconditionally all of the obligations
of VanDyk hereunder for the balance of the Term and agrees to bound hereby.
17. Severability. If any portion of this Agreement is judged to be illegal, invalid or
unenforceable, such portion will be given effect to the maximum extent possible by narrowing, or
enforcing in part, such portion to the minimum extent necessary to make it enforceable. Any such
invalidity or unenforceability will not in any way affect the validity or enforceability of the
remainder of this Agreement which will continue in full force and effect.
18. Captions. The captions used in this Agreement are for convenience only and will
not define, limit, or otherwise be used in the construction of this Agreement.
19. Entire Agreement. This Agreement sets forth the entire agreement between the
Parties with respect to the subject matter hereof, and, except as provided herein, there are no
agreements between them, written or oral, relating to the subject matter hereof, other than as set
forth in this Agreement.
20. Governing Law. This Agreement and the rights and obligations of the parties shall
be governed by, and construed and interpreted in accordance with, the laws of the State of
Michigan. Venue shall lie in Muskegon County, Michigan.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first above written.
CITY OF MUSKEGON
By:______________________________________
Its:______________________________________
PARKLAND ACQUISITIONS TWO, LLC
By:______________________________________
Its:______________________________________
VANDYK MORTGAGE CORPORATION
By:______________________________________
Its:______________________________________
Exhibit A
Sponsorship Terms
1. Signage. VanDyk Mortgage will have the following permanent signage displays. Final
size, design, and location will be mutually agreed upon in advance by the Parties. Signage
to read VanDyk Mortgage Convention Center]
a. Exterior
i. Arena/Convention Marquee Sign.
ii. Exterior Shoreline Drive Signage
iii. Exterior 4th Street Signage
FIRST AMENDMENT TO MANAGEMENT AGREEMENT
THIS FIRST AMENDMENT TO CONVENTION CENTER MANAGEMENT
AGREEMENT (the “First Amendment”) is made and entered into this 8th day of December, 2020
(the “Effective Date”), by and between the City of Muskegon (“City”) and Parkland Acquisition
Two, LLC (“Parkland”) (City and Parkland are sometimes referred to collectively as the “Parties”).
Recitals
A. City is the owner of the Muskegon Lakeshore Convention Center, a multi-use
convention center located in Muskegon, Michigan ("Convention Center").
B. Parkland is the operator and manager of the Convention Center pursuant to the
Management Agreement dated December 6, 2018 (“Management Agreement”).
C. The Parties have the right to amend the Management Agreement and wish to do so,
in accordance with the terms of this First Amendment.
D. Contemporaneously with this Agreement, the Parties and VanDyk Mortgage
Corporation entered into a Naming Rights and Sponsorship Agreement (“Naming Agreement”);
and Parkland and VanDyk entered into a License Agreement (“License Agreement”), which
outlined other obligations with regard to the Convention Center.
NOW THEREFORE, for mutual consideration, the sufficiency of which is hereby
acknowledged, the Parties mutually agree as follows:
1. Kiosks and Box Office; Use of W Western Entry. Parkland authorizes the City
to install 5 kiosk machines in in the areas depicted in the attached Exhibit A. These kiosks will
primarily be used to sell tickets for events at the Mercy Health Arena (“Arena”). Parkland also
authorizes the City (and sports organizations authorized by the City) to use the area depicted in
Exhibit A during events at the Arena as a check-in counter/box office and as a point of entry to the
Arena; provided, the event is communicated in advance to Parkland. In the event the City’s (or the
sport organization’s) event at the Arena and Parkland’s event at the Convention Center conflict,
the Parties will work together to ensure no interruption to each other’s event. The City shall
indemnify and hold Parkland harmless against any and all claims relating to the use of the
Convention Center by the public to access the Arena.
2. Operating Revenue. The definition of Operating Revenue is amended to provide
that unless agreed otherwise, the City (or sports organizations authorized by the City) may retain
the box office revenue and ticket sale income for events in the Mercy Health Arena, even if the
actual sale is consummated at a kiosk or check-in counter/box office within the Convention Center.
3. Operating Expenses. The definition of Operating Expenses is amended to provide
that: (i) the City shall reimburse Parkland on an annual basis for ten percent (10%) of the utility
cost of the Convention Center; (ii) the City shall reimburse Parkland on an annual basis for the
cost of running the Convention Center exterior snowmelt system for events at the Arena; and (iii)
as needed due to use of the W Western Convention Center entry by the general public and patrons
visiting the Arena, or upon conclusion of events at the Arena, the City shall pay to clean and return
the entry and areas used by the City (or sports organizations authorized by the City) to a safe and
clean condition. Parkland shall submit proof of expenses under this paragraph to the City on an
annual basis, and the City shall reimburse Parkland within thirty (30) days of receipt of such proof.
4. Naming Sponsorship. Beginning May 1, 2021, and continuing during the term of the
Naming Agreement, the City shall pay Parkland the sum of $2,000 per month to reimburse Parkland for
costs associated with the Naming Agreement. Such amount shall be paid on a monthly basis and will be
pro-rated in any partial month of the sponsorship. Prior to the opening of the Convention Center, the City
shall also construct an alternative coat room of similar size in the Convention Center, so that the original
coat room may be licensed to VanDyk Mortgage Corporation under the terms of the License
Agreement. The City and Parkland shall have the right to sell additional naming sponsorships within the
convention center to offset these costs.
5. Assignment. Parkland may assign some or all of its obligations under this
Agreement and the Management Agreement to Muskegon Convention Center, LLC, a company
affiliated with Parkland.
6. Entire Agreement. This Agreement sets forth the entire agreement between the
Parties with respect to the subject matter hereof, and, except as provided herein, there are no
agreements between them, written or oral, relating to the subject matter hereof, other than as set
forth in this Agreement. All references to the “City” herein shall run with the land and apply to
any future owner of the Arena other than the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first above written.
CITY OF MUSKEGON
By:______________________________________
Its:______________________________________
PARKLAND ACQUISITIONS TWO, LLC
By:______________________________________
Its:______________________________________
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 12/8/2020 Title: Jackson Hill, McLaughlin & Angell
Rezoning’s
Submitted By: Mike Franzak Department: Planning
Brief Summary: Staff-initiated request to rezone all single-family (R-1, R-2, R-3) and duplex (RT)
parcels in the McLaughlin, Angell and Jackson Hill neighborhoods to Form Based Code, Urban
Residential (FBC-UR).
Detailed Summary: The Planning Commission voted 8-1 to recommend approval to the City
Commission.
The City Commission asked staff to mail notices to all properties affected by the case. Staff mailed
out more than 4,000 notices.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the request to rezone all single-family (R-1, R-2, R-3) and
duplex (RT) parcels in the McLaughlin, Angell and Jackson Hill neighborhoods to Form Based
Code, Urban Residential (FBC-UR).
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
PLANNING COMMISSION STAFF REPORT EXCERPT - SEPTEMBER 10, 2020
Hearing, Case 2020-15: Staff-initiated request to rezone all single-family (R-1, R-2, R-3) and duplex (RT) parcels in
the McLaughlin, Angell and Jackson Hill neighborhoods to Form Based Code, Urban Residential (FBC-UR).
The zoning in McLaughlin, Angell and Jackson Hill doesn’t match reality.
• Neighborhoods consist of single-family, duplex and small multiplex (3-4
units) homes.
• The zoning says only single-family homes are allowed.
• This makes all homes other than single-family homes “non-
conforming.”
• “Non- conforming” properties are susceptible to disinvestment.
o Financing Issues
o Insurance Issues
o Rebuilding Issues
o Unusable Space
• The proper zoning designation will promote reinvestment within the
neighborhood.
• City staff is proposing to rezone the neighborhood to allow the types of
homes that already exist here, but are considered non-conforming.
• New duplexes/small multiplexes will be built on the appropriate lots and
reduce many of the problems associated with existing multi-family
homes.
• Alleys reduce privacy/noise issues associated with multi-family homes.
We should only allow small-multiplexes where alleys are present.
• More housing options = more affordable housing
We know from the rental maps that these neighborhoods are already made up of missing middle housing types.
So why is the zoning map mostly yellow (single-family) in these neighborhoods?
Form Based Code only allows duplexes/small multiplexes on appropriate lot sizes. Note required lot widths.
So you end up with this
Not this
Proper Zoning
4 unit home (left) on an appropriately sized lot with alley access next to vacant lot and a single-family home (right)
Improper Zoning
3-unit home (below left) on a lot that is too small and without alley access, parking in the yard. And multi-family
homes (below right) with no alley access, using a vacant lot for parking/storage.
Proper Zoning
4-unit homes in McLaughlin on appropriately sized lots with alleys. ADU in the back of parcel on the left.
Improper Zoning
3 unit on small parcel without alley, make-shift parking lot on vacant lot adjacent
Improper Zoning
Former duplex on Isabella. Non-conforming. Sitting vacant. A potential buyer wants to invest, but only if it makes
sense. Not economically feasible to turn back to single-family. Potential ADU in back.
FBC, UR zoning would allow the following home types:
• Detached
• Rowhouse
• Duplex
• Small Multi-plex
• Live/Work
• Carriage House (Accessory Dwelling Unit)
Staff Proposes to Amend the Form Based Code Slightly
• In February, the Commission amended the FBC to state that small multi-plexes could only be “4 unit max,
by right.”
• Staff recommends also adding “only when a useable alley is present.”
This will require all small-multiplexes to be placed on appropriately sized lots with alley access, which will cut
down on privacy/noise/blight issues that are perceived to be associated with multi-family homes. It will also
greatly limit the amount of small multi-plexes allowed on existing lots, ensuring a nice mixture of housing
types.
McLaughlin Lots Eligible for Small-Multiplex Homes Under Proposal
Jackson Hill Lots Eligible for Small-Multiplex Homes Under Proposal
Angell Lots Eligible for Small-Multiplex Homes Under Proposal
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend the zoning map of the City to provide for a zone change for several properties in the Jackson
Hill, McLaughlin and Angell Neighborhoods to Form Based Code, Urban Residential.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning for several properties in the Jackson
Hill, McLaughlin and Angell Neighborhoods to Form Based Code, Urban Residential.
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
CERTIFICATE
(Rezoning for several properties in the Jackson Hill, McLaughlin and Angell Neighborhoods to FBC, UR)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby
certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City of
Muskegon, at a regular meeting of the City Commission on the 10th day of December 2020, at which meeting a quorum
was present and remained throughout, and that the original of said ordinance is on file in the records of the City of
Muskegon. I further certify that the meeting was conducted and public notice was given pursuant to and in full
compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2006, and that minutes were kept
and will be or have been made available as required thereby.
DATED: ___________________, 2020 ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on December 10, 2020, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning for several properties in the Jackson
Hill, McLaughlin and Angell Neighborhoods to FBC, UR.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall,
933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2020 CITY OF MUSKEGON
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 8, 2020 Title: CAPER 2019
Submitted By: Oneata Bailey Department: Community & Neighborhood
Services
Brief Summary: Request to conduct a Public Hearing of the Community & Neighborhood Services department
Consolidated Annual Performance Evaluation Report (CAPER 2019)
Detailed Summary: To conduct a public hearing of the 2019 CAPER of HUD funded programs through
CDBG and HOME for the City of Muskegon, Community and Neighborhood Services department.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To submit the 2019 CAPER including any public comments received during the 20
day comment period ending December 22, 2020.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a)
This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
The city of Muskegon's programs were not interupted because of COVID-19. The projects funded had great success and many households were
served.
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and
explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual
outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal Category Source Indicator Unit of Expected Actual – Percent Expected Actual – Percent
/ Measure – Strategic Complete – Program Complete
Amount Strategic Plan Program Year
Plan Year
CDBG:
Household
Acquisition Affordable $/ Homeowner Housing
Housing 10 0
Development Resale Housing HOME: Added 0.00%
Unit
$
Non-Housing
Community Housing Code Household
Code Enforcement - CDBG:
Development Enforcement/Foreclosed Housing 275 0
Inspections $ 0.00%
Housing Property Care Unit
Rehab
Code Enforcement - Non-Housing
CDBG:
Neighborhood Clean- Community Other Other 10 0
$ 0.00%
Up Development
CAPER 1
OMB Control No: 2506-0117 (exp. 06/30/2018)
Code
Public service activities
Code Enforcement - Enforcement,
CDBG: other than Persons
Smoke and CO Neighborhood 250 0
$ Low/Moderate Income Assisted 0.00%
Detectors Safety, Public
Housing Benefit
Service
Non-Housing
Community CDBG:
Demolition Buildings Demolished Buildings 35 0 5 0
Development $ 0.00% 0.00%
Blight Fight
Non-Housing
Community CDBG:
Demolition Other Other 0 0 15 0
Development $ 0.00%
Blight Fight
Neighborhood
Stabilization,
Enhancement, Public Facility or
Exterior Paint/Siding Code CDBG: Infrastructure Activities Households
55 5
Housing Enforcement, $ for Low/Moderate Assisted 9.09%
Preserving of Income Housing Benefit
Existing
Housing Stock
Neighborhood
Stabilization,
Enhancement,
Household
Exterior Paint/Siding Code CDBG: Homeowner Housing
Housing 0 0 4 5
Housing Enforcement, $ Rehabilitated 125.00%
Unit
Preserving of
Existing
Housing Stock
CAPER 2
OMB Control No: 2506-0117 (exp. 06/30/2018)
Neighborhood
Stabilization,
Enhancement,
Exterior Paint/Siding Code CDBG:
Jobs created/retained Jobs 5 0
Housing Enforcement, $ 0.00%
Preserving of
Existing
Housing Stock
Non-Housing
Community
CDBG:
Fair Housing Development Other Other 25 0
$ 0.00%
Fair Housing
Activities
Household
CDBG: Homeowner Housing
Home Repairs Home Repairs Housing 500 0 24 34
$ Rehabilitated 0.00% 141.67%
Unit
CDBG:
Household
Homebuyer Affordable $/ Homeowner Housing
Housing 15 0
Assistance/Education Housing HOME: Added 0.00%
Unit
$
Household
Affordable HOME: Homeowner Housing
Housing Housing 5 0 3 2
Housing $ Added 0.00% 66.67%
Unit
Affordable HOME:
Housing Jobs created/retained Jobs 5 0
Housing $ 0.00%
Non-Housing Public Facility or
Community Infrastructure Activities
Improved CDBG: Persons
Development other than 0 0 5 0
Neighborhoods $ Assisted 0.00%
Economic Low/Moderate Income
Development Housing Benefit
CAPER 3
OMB Control No: 2506-0117 (exp. 06/30/2018)
Non-Housing
Community
Improved CDBG:
Development Jobs created/retained Jobs 5 0
Neighborhoods $ 0.00%
Economic
Development
Non-Housing
Community
Improved CDBG:
Development Other Other 3 0
Neighborhoods $ 0.00%
Economic
Development
Education,
CDBG:
Legal Services Outreach, Other Other 10 0
$ 0.00%
Public Service
Non-Housing
CDBG: Businesses
Match Funding Community Businesses assisted 0 0 5 0
$ Assisted 0.00%
Development
Non-Housing
CDBG:
Match Funding Community Other Other 10 0
$ 0.00%
Development
Non-Housing
Neighborhood CDBG:
Community Other Other 25 0
Policing $ 0.00%
Development
Household
Owner Occupied CDBG: Homeowner Housing
Home Repairs Housing 350 0
Rehabilitation $ Rehabilitated 0.00%
Unit
Non-Housing
Public Facilities CDBG:
Community Other Other 3 0 500 0
Improvement $ 0.00% 0.00%
Development
CAPER 4
OMB Control No: 2506-0117 (exp. 06/30/2018)
Public Facility or
Non-Housing Infrastructure Activities
Public Service CDBG: Persons
Community other than 0 0 200 250
Opportunities $ Assisted 125.00%
Development Low/Moderate Income
Housing Benefit
Public service activities
Non-Housing
Public Service CDBG: other than Persons
Community 50 0
Opportunities $ Low/Moderate Income Assisted 0.00%
Development
Housing Benefit
Non-Housing Household
Public Service CDBG: Homeowner Housing
Community Housing 10 0
Opportunities $ Rehabilitated 0.00%
Development Unit
CDBG:
Household
Rental Rehabilitation Affordable $/ Rental units
Housing 15 0 4 0
Program Housing HOME: rehabilitated 0.00% 0.00%
Unit
$20000
Public service activities
Non-
CDBG: other than Persons
Senior Assistance Homeless 375 0
$ Low/Moderate Income Assisted 0.00%
Special Needs
Housing Benefit
Public Facility or
Non-Housing Infrastructure Activities
CDBG: Persons
Streets Community other than 500 0
$ Assisted 0.00%
Development Low/Moderate Income
Housing Benefit
Non-Housing
Public service activities
Community
CDBG: other than Persons
Youth Opportunities Development 2500 0 200 25
$ Low/Moderate Income Assisted 0.00% 12.50%
Youth
Housing Benefit
Experiences
CAPER 5
OMB Control No: 2506-0117 (exp. 06/30/2018)
Non-Housing
Community
CDBG:
Youth Opportunities Development Jobs created/retained Jobs 4 0 5 0
$ 0.00% 0.00%
Youth
Experiences
Table 1 - Accomplishments – Program Year & Strategic Plan to Date
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan,
giving special attention to the highest priority activities identified.
Our CDBG programs addressed priorities of safe housing, youth development and public facilities and services. The plan for the 5 years of
accomplishments is in it's 4th year so collectively we will add to our table the actuals to date. Some of our programs are no longer- Code
Enforcement and Demolitions. Other programming is offered periodically - streets and sidewalks, however some other programs are under-
utilized like our rental rehabilitation program.
CAPER 6
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-10 - Racial and Ethnic composition of families assisted
Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG HOME
White 16 1
Black or African American 22 1
Asian 0 0
American Indian or American Native 0 0
Native Hawaiian or Other Pacific Islander 0 0
Total 38 2
Hispanic 0 0
Not Hispanic 0 68
Table 2 – Table of assistance to racial and ethnic populations by source of funds
Narrative
The families assisted show that Black/African American households outnumber the other races. This is a
first that minority families received assistance with housing repairs and it is a split percentage for those
that were able to purchase an affordable housing unit. Our stats prove that the programs are working
and the funds are being used to help those in need.
CAPER 7
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made Amount Expended
Available During Program Year
CDBG public - federal 973,451 676,858
HOME public - federal 334,818 18,168
Table 3 - Resources Made Available
Narrative
Some of the projects set up for 2019 were not completed and other funds were not allocated in HOME
for affordable housing units.
Identify the geographic distribution and location of investments
Target Area Planned Percentage of Actual Percentage of Narrative Description
Allocation Allocation
Muskegon 100 100 City Limits
Muskegon Heights
Norton Shores
Table 4 – Identify the geographic distribution and location of investments
Narrative
Our programs are designed to assist low-income residents and provide avenues for assistance to
creating a variety of public facilities and services, youth recreation and economic development. As a
participating jurisdiction, the city has committed funds for affordable housing units but very little
movement has been achieved due to COVID-19. We are expecting to rebound within the coming
months to meet our goals.
CAPER 8
OMB Control No: 2506-0117 (exp. 06/30/2018)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds),
including a description of how matching requirements were satisfied, as well as how any
publicly owned land or property located within the jurisdiction that were used to address the
needs identified in the plan.
We are pleased to mention that we are using our DTE Program to offset the costs of certain
housing repairs- furnaces, water heaters and some electric and plumbing costs associated with
these types of mechanical replacements and repairs. This allows us to us our CDBG funds on
the most used repair/replacement- roofs. The ability to stretch our funds is accomplished
through our local millage program that offers seniors an opportunity to garner a multitude of
housing issues minor and major to allow for another avenue to cover high costs.
These have all been private properties in our community that could become blighted and
abandoned without this assistance. The needs of our population given the current pandemic
have been met through leveraging funds from other sources. It has been a great resource to
assist more than would be possible with our current funding.
Fiscal Year Summary – HOME Match
1. Excess match from prior Federal fiscal year 0
2. Match contributed during current Federal fiscal year 0
3. Total match available for current Federal fiscal year (Line 1 plus Line 2) 0
4. Match liability for current Federal fiscal year 0
5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) 0
Table 5 – Fiscal Year Summary - HOME Match Report
CAPER 9
OMB Control No: 2506-0117 (exp. 06/30/2018)
Match Contribution for the Federal Fiscal Year
Project No. or Date of Cash Foregone Appraised Required Site Bond Total Match
Other ID Contribution (non-Federal Taxes, Fees, Land/Real Infrastructure Preparation, Financing
sources) Charges Property Construction
Materials,
Donated labor
Table 6 – Match Contribution for the Federal Fiscal Year
HOME MBE/WBE report
Program Income – Enter the program amounts for the reporting period
Balance on hand at Amount received during Total amount expended Amount expended for Balance on hand at end
begin-ning of reporting reporting period during reporting period TBRA of reporting period
period $ $ $ $
$
496,271 343,421 461,471 0 378,221
Table 7 – Program Income
CAPER 10
OMB Control No: 2506-0117 (exp. 06/30/2018)
Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar
value of contracts for HOME projects completed during the reporting period
Total Minority Business Enterprises White Non-
Alaskan Asian or Black Non- Hispanic Hispanic
Native or Pacific Hispanic
American Islander
Indian
Contracts
Dollar
Amount 261,360 0 0 0 0 261,360
Number 3 0 0 0 0 3
Sub-Contracts
Number 3 0 0 0 0 3
Dollar
Amount 78,425 0 0 0 0 78,425
Total Women Male
Business
Enterprises
Contracts
Dollar
Amount 261,360 0 261,360
Number 3 0 3
Sub-Contracts
Number 3 0 3
Dollar
Amount 78,425 0 78,425
Table 8 - Minority Business and Women Business Enterprises
Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners
and the total amount of HOME funds in these rental properties assisted
Total Minority Property Owners White Non-
Alaskan Asian or Black Non- Hispanic Hispanic
Native or Pacific Hispanic
American Islander
Indian
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Table 9 – Minority Owners of Rental Property
CAPER 11
OMB Control No: 2506-0117 (exp. 06/30/2018)
Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of
relocation payments, the number of parcels acquired, and the cost of acquisition
Parcels Acquired 0 0
Businesses Displaced 0 0
Nonprofit Organizations
Displaced 0 0
Households Temporarily
Relocated, not Displaced 0 0
Households Total Minority Property Enterprises White Non-
Displaced Alaskan Asian or Black Non- Hispanic Hispanic
Native or Pacific Hispanic
American Islander
Indian
Number 0 0 0 0 0 0
Cost 0 0 0 0 0 0
Table 10 – Relocation and Real Property Acquisition
CAPER 12
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the
number and types of families served, the number of extremely low-income, low-income,
moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 8 2
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 8 2
Table 11 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 4 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 3 2
Number of households supported through
Acquisition of Existing Units 1 0
Total 8 2
Table 12 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting
these goals.
The goals were minimal that will benefit through Affordable housing units. We were able to sell 2
properties through HOME programs.
Discuss how these outcomes will impact future annual action plans.
Through the use of CDBG funds and HOME funds the support to homeowners far outweighed the
CAPER 13
OMB Control No: 2506-0117 (exp. 06/30/2018)
Include the number of extremely low-income, low-income, and moderate-income persons
served by each activity where information on income by family size is required to determine
the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 18 0
Low-income 11 0
Moderate-income 9 2
Total 38 2
Table 13 – Number of Households Served
Narrative Information
We assisted 35 citizens with roofs, foundations, electric, plumbing, mechanical and facade replacements
that were threatening the safety of their homes. The benefit to offering these programs helps to sustain
households and support families that need specific, priority housing repairs/replacements.
CAPER 14
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c)
Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending
homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
The city has made great progress as a board member of the Continuum of Care (CoC) to help reduce
homelessnes in our community. Regionally, the cities of Muskegon Heights and Norton Shores are
represented as well, and our focus is to meet objectives set by the CoC board to reach this critical
population.
Addressing the emergency shelter and transitional housing needs of homeless persons
The Continuum of Care board has the shelter agency present and informative of the needs of homeless
persons. The Muskegon Area Mission supports females and males who are single or households that
need shelter.
Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: likely to become homeless after
being discharged from publicly funded institutions and systems of care (such as health care
facilities, mental health facilities, foster care and other youth facilities, and corrections
programs and institutions); and, receiving assistance from public or private agencies that
address housing, health, social services, employment, education, or youth needs
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
The CoC is an organization in pursiut of helping homeless persons find affordable housing in our
community. The City has participated in a board capacity to structure and facilitate housing
opportunities that prevent housed homeless families from experiencing another homeless scenario.
CAPER 15
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
Muskegon Housing Commission has representation of city staff on the Board to assist with the needs of
those that in public housing. As a benefit to the Housing Commission, the city manager appoints board
members as necessary. The needs of public housing and other programming is in consideration of the
city of Muskegon's interest to address potential needs.
Actions taken to encourage public housing residents to become more involved in
management and participate in homeownership
Public housing residents are known to be at a fixed-income status and because of this their likelihood to
become a homeowner is rare. However, the opportunity to use homeownership has not been given in
the past 10 years. Other strategies to encourage management were to include residents in decision
making and changes to the public housing facility. A resident board is again, active and working with
PHA staff to oversee the tenants issues and concerns.
Actions taken to provide assistance to troubled PHAs
Our local Muskegon Housing Commission (PHA) does not have a troubled status.
CAPER 16
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as
barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment. 91.220 (j); 91.320 (i)
Negative effects of policies that can be a barrier to housing is a planning department direction to
address old zoning ordinances. The approach taken to complete an updated view of housing choice for
our community and developers was achieved through rezoning of parcels in our eligible census tracts
and our city is a redevelopment ready community.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j)
The underserved needs of our community required the location of resources. Our office has been able
to remove the obstacle of financing programs through the access of other grants.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j)
We have a state funded program for Lead Based Paint hazards but mostly, every affordable housing unit
produced is cleared of Lead-based paint hazards through abatement and remediate.
Our HOME funded units through Rental Rehab or Homeonwer programs address lead as a required
feature of renovations. Our programs include this action up front before rehabilitation can take place,
and the properties are cleared to ensure safety of future residents.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j)
How can we use these funds to offer jobs and other developments that improve the income of our
populations? We offer grants to local businesses to stay open but importantly more than that- to hire
more workers. Another option is to allow business options to increase their labor force through tax
abatement. If we can provide an avenue for new job development, the city is looking for ways to make
it happen.
Actions taken to develop institutional structure. 91.220(k); 91.320(j)
Institutional structure is developed through trial and success of building a stong community. Our
neighborhoods are ways to improve strong living environments one household at time. Through our
Priority Housing Repair program, we go to the homes of citizens requesting help to stabilize thier living
environment. Doing this annually developes the institution of a good place to live and it structures our
city to be appealing to others who choose to live here, play here and work here.
CAPER 17
OMB Control No: 2506-0117 (exp. 06/30/2018)
Actions taken to enhance coordination between public and private housing and social service
agencies. 91.220(k); 91.320(j)
Our social service agencies in our community have always been a partner to address the needs of our
income challenged families. We work with the Department of Health and Human Services, Community
Foundation and we receive referrals from many organizations that focus on housing, health and public
need.
Identify actions taken to overcome the effects of any impediments identified in the
jurisdictions analysis of impediments to fair housing choice. 91.520(a)
Our response to overcoming impediments identified of our jurisdiction occurred by contracting with the
Fair Housing Center of West Michigan who review the HMDA reporting of the past years to show how
our Banks are helping families. We saw the stats, we meet with local banks and lenders, and we shared
how we can do better in a fair and impartial manner to overcome prejudice and discrimination. Using
the FHCWM to help us survey our community residents, educate our local banks, realtors, rental
owners, and ourselves to overcome hidden or visual disparities in our jurisdiction.
CAPER 18
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance
of the plan and used to ensure long-term compliance with requirements of the programs
involved, including minority business outreach and the comprehensive planning
requirements
Homelessness is an ongoing issue that is being addressed by our Continuum of Care board for which the
city of Muskegon has a seat. The partnership with other local agencies is crutial to set goals and
objectives that monitor the activities of outreach to assist minorities, low-income and no income
households. Working together to review standards set forth to improve the availability of housing and
evaluate the progress.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to
comment on performance reports.
As we update the Citizen Participation Plan to include additional ways to notify the public through
virtual arenas- Facebook, Website, Instagram, and postings. Reasonable notice gives a 10 day heads up
for hearings and for 15, 20 and 30 day comment periods. It has been a big effort form our Information
Technology department and the Clerk's office to assist us in this effort.
CAPER 19
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives
and indications of how the jurisdiction would change its programs as a result of its
experiences.
No experiences occurred that would cause our city to alter objectives and goals or programs. Even with
the pandemic during the last 3 months of the year, our staff was able to continue providing services to
families in need.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
CAPER 20
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-50 - HOME 91.520(d)
Include the results of on-site inspections of affordable rental housing assisted under the
program to determine compliance with housing codes and other applicable regulations
Please list those projects that should have been inspected on-site this program year based upon
the schedule in §92.504(d). Indicate which of these were inspected and a summary of issues
that were detected during the inspection. For those that were not inspected, please indicate
the reason and how you will remedy the situation.
Monitoring HOME assisted rentals happen every 3 years and the next cycle will be 2021. The monitoring
process reviews occupants, rents, and code compliance of the property standards. During the
monitoring process, you may know
Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units.
92.351(b)
The city provides opportunity for
Refer to IDIS reports to describe the amount and use of program income for projects,
including the number of projects and owner and tenant characteristics
HOME funds/Program Income provided in 2 different projects -Rental Rehab and Homebuyer Assistance
Describe other actions taken to foster and maintain affordable housing. 91.220(k) (STATES
ONLY: Including the coordination of LIHTC with the development of affordable housing).
91.320(j)
Our designed programs utilizing HOME funds are to produce affordable housing units in our city.
CAPER 21
OMB Control No: 2506-0117 (exp. 06/30/2018)
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 12-8-2020 Title: Infill Housing Project (2nd Amendment)
Brownfield Plan Amendment public hearing
Submitted By: Pete Wills Department: Economic Development
Brief Summary: To hold a public hearing and approve the resolution to adopt the city’s Infill Housing Project
(2nd Amendment) to the Scattered Site Brownfield Plan. The BRA approved the Plan amendment on 11/24
and recommended approval by the City Commission.
Detailed Summary: The 2nd Amendment adds (12) additional parcels into the Scattered Site Brownfield
Plan. On July 28th, the City Commission approved the 1st Amendment. The redevelopment of 119 total
parcels are primarily located in the Nelson, Jackson Hill and Angell neighborhoods, respectively. Some lots
will be split, creating up to 253 subject parcels. This updated plan incorporates three types of redevelopment
projects; infill housing on vacant City lots (up to 238 units), the rehab of existing homes (11 detached
houses), and two separate mixed-use developments (former Catholic Charities parcels and 880 First St, LLC
projects). Activities include the redevelopment and rehabilitation of subject parcels and construction of new
commercial and residential units. The City is currently marketing these properties with the anticipation that
private developers will acquire the sites and submit plans for productive redevelopment.
Developer’s Reimbursement Costs: Infill Housing - $5,837,000; Mixed-use projects - $1,000,000; Total
reimbursement costs - $6,837,000.
Estimated Total Capital Investment: Infill Housing - $48,600,000; Home rehab - $500,000; Mixed Use
developments: $26,000,000; Total Estimated Capital Investment - $75,100,000
Plan Amendment eligible activities: $4,840,000 cost of sale/seller concessions; $1,200,000 demolition and
abatement; $777,000 public infrastructure; $20,000 Brownfield Plan Preparation and Development;
$1,025,550 contingency fees (15%); $7,862,550 - total eligible activities to be paid under this Plan. End of
2023 for estimated completion date of the Project homes. After all eligible costs incurred by the various
parties are reimbursed, the BRA is authorized to continue to capture local taxes for five more years for
deposit into a Local Site Remediation Revolving Fund.
The additional eligible properties include:
880 First Street (880 First St LLC development) / 216 W. Clay (880 First St LLC development) / 208 W. Clay (880 First St
LLC development) / 1095 Third Street (former Catholic Charities property) / 301 W. Muskegon Ave (former Catholic
Charities parking lot) / 589 McLaughlin (Big Red Developer) / 559 McLaughlin (Big Red Developer) / 441 Isabella (Big
Red Developer) / 438 Isabella (Big Red Developer) / 591 Catherine (Big Red Developer) / 185 E. Muskegon Ave (former
Farmers Market properties) / 209 E. Walton Ave (former Farmers Market properties)
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To close the public hearing and approve the resolution of the Brownfield
Plan Amendment for the city’s Infill Housing Project (2nd Amendment).
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT
AUTHORITY
BROWNFIELD PLAN AMENDMENT
INFILL HOUSING PROJECT (2nd Amendment)
November 24, 2020
Prepared For The City of Muskegon Brownfield
Redevelopment Authority
Prepared By City of Muskegon Staff
PROJECT NAME
Infill Housing Project
DEVELOPER
City of Muskegon, a qualified unit of local government, as defined by Public Act 381 of 1996, as
amended
ELIGIBLE PROPERTY LOCATION
There are 119 Eligible Properties for this project, most of which are not adjacent to one another. Please
refer to the “Eligible Property Information Chart” and the “Eligible Property Map (Attachment A)” on the
following pages.
TYPE OF ELIGIBLE PROPERTY
Blighted
SUBJECT PROJECT DESCRIPTION
The project will focus on the redevelopment of 119 parcels, most of them located in the Nelson and
Jackson Hill Neighborhoods. Some of these lots will be split, creating up to 253 subject parcels. The plan
incorporates three types of redevelopment projects; infill housing on vacant City lots (up to 247 units),
the rehab of existing homes (11 detached houses), and two separate mixed-use developments (former
Catholic charity parcels and 880 First St, LLC projects).
The residential infill units will consist mostly of detached houses and rowhomes, with some duplexes and
small multiplexes mixed in as the market dictates. The infill housing project includes the redevelopment
of the former Farmers Market (infrastructure costs) and the demolition of the former Froebel School
(demo and abatement costs) in order to redevelop the property with a variety residential units.
ELIGIBLE ACTIVITIES
Cost of Sale, Demo & Abatement, Public Infrastructure, Preparation of Brownfield Plan
DEVELOPER’S REIMBURSABLE COSTS
Infill Housing - $5,837,000
Mixed-use projects - $1,000,000
Total reimbursable costs - $6,837,000
MAXIMUM DURATION OF CAPTURE
30 years
ESTIMATED TOTAL CAPITAL INVESTMENT
Infill Housing - $48,600,000
Home Rehab - $500,000
Mixed Use developments - $26,000,000
Total Estimated Capital Investment - $75,100,000
INITIAL TAXABLE VALUE
$0 (City & County Owned)
1. Introduction
The City of Muskegon, Michigan (the “City”), established the Muskegon Brownfield Redevelopment
Authority (the “Authority”) on July 4, 1997, pursuant to Michigan Public Act 381 of 1996, as amended
(“Act 381”). The primary purpose of Act 381 is to encourage the redevelopment of eligible property
by providing economic incentives through tax increment financing for certain eligible activities.
The main purpose of this Brownfield Plan is to promote the redevelopment of and investment in
certain “Brownfield” properties within the City. Inclusion of the subject properties within this Plan
will facilitate the development of infill housing at eligible properties. By facilitating redevelopment of
underutilized properties, the Plan is intended to promote economic growth for the benefit of the
residents of the City and all taxing units located within and benefited by the Authority.
This Plan is intended to be a living document, which can be amended as necessary to achieve the
purposes of Act 381. It is specifically anticipated that properties will be continually added to the Plan
as new projects are identified. The Plan contains general provisions applicable to the Plan, as well as
property-specific information for each project. The applicable Sections of Act 381 are noted
throughout the Plan for reference purposes.
This Brownfield Plan contains the information required by Section 13(1) of Act 381, as amended.
Additional information is available from the Muskegon City Manager or the Planning Director.
The Infill Housing Project was originally added to this Plan on April 14, 2019. It was amended for the
1st time on July 14, 2019. This amendment seeks to modify certain aspects of the plan; most notably
the addition of parcels associated with the Big Red Developer and the mixed-use projects.
2. General Provisions
A. Costs of the Brownfield Plan (Section 13(1)(a))
Any site-specific costs of implementing this Plan are described in the site-specific section of the Plan.
Site-specific sources of funding may include tax increment financing revenue generated from new
development on eligible brownfield properties, state and federal grant or loan funds, and/or private
parties. Where private parties finance the costs of eligible activities under the Plan, tax increment
revenues may be used to reimburse the private parties. The initial costs related to preparation of the
Brownfield Plan were funded by the City’s general fund. Subsequent amendments to the Plan may
be funded by the person requesting inclusion of a project in the Plan, and if eligible, may be
reimbursed through tax increment financing.
The Authority intends to pay for administrative costs and all of the things necessary or convenient to
achieve the objectives and purposes of the Authority with fees charged to applicants to be included
in the Plan, and any eligible tax increment revenues collected pursuant to the Plan, in accordance with
the provisions of Act 381, including, but not limited to:
i) the cost of financial tracking and auditing the funds of the Authority,
ii) costs for amending and/or updating this Plan, and
iii) costs for Plan implementation
Tax increment revenues that may be generated and captured by this Plan are identified in the site-
specific sections of this Plan.
B. Method for Financing Costs of Plan (Section 13(1)(d) and (e))
The City or Brownfield Authority may incur some debt on a site-specific basis. Please refer to the site-
specific section of this Plan for details on any debt to be incurred by the City or Authority. When a
property proposed for inclusion in the Plan is in an area where tax increment financing is a viable
option, the Authority intends to enter into Development Agreements with the property
owners/developers of properties included in the Plan to reimburse them for the costs of eligible
activities undertaken pursuant to this Plan. Financing arrangements will be specified in a
Development and Reimbursement Agreement, and also identified in the Site Specific section of the
Plan.
C. Duration of the Brownfield Plan (Section 13(1)(f))
The duration of this Plan is not to exceed 30 years. It is estimated that all of the homes associated
with the Project will be completed by 2023. Since the “cost of sale” will vary for each home, as will
construction costs, it is impossible to know exactly how long it will take to completely recapture
eligible costs through tax increment revenues, although it is anticipated that it will be well within the
30 year time frame. In addition, once all activity costs are reimbursed, funds may be captured for the
local site remediation revolving fund, if available. The duration of capture for the Project already
began in 2020 and will continue until such time that all the eligible activities undertaken in this Plan
are reimbursed, but in no event will the Plan exceed the maximum duration provided for in (MCLA
125.2663(1)(22)). The total costs of eligible activities include the cost of principal and interest on any
note or obligation issued by the Authority to pay for the costs of eligible activities, the cost of principal
and interest otherwise incurred to pay for eligible activities, the reasonable costs of a work plan or
remedial action plan and the costs of preparation of Brownfield Plans and amendments.
D. Displacement/Relocation of Individuals on Eligible Properties (Section 13(1)(i),(j)(k)(l)
Eligible properties identified in this Plan will not require the displacement/relocation of existing
residences, therefore the provisions of Section 13(1)(i-l) are not applicable at this time.
E. Local Site Remediation Revolving Fund (Section 8; Section 13(1)(m))
Whenever this Plan includes a property for which taxes will be captured through the tax increment
financing authority provided by Act 381, it is the Authority's intent to establish and fund a Local Site
Remediation Revolving Fund ("Fund"). The Fund will consist of tax increment revenues that exceed
the costs of eligible activities incurred on an eligible property, as specified in Section 13(5) of Act 381.
Section 13(5) authorizes the capture of tax increment revenue from an eligible property for up to 5
years after the time that capture is required for the purposes of paying the costs of eligible activities
identified in the Plan. It is the intention of the Authority to continue to capture tax increment
revenues for 5 years after eligible activities are funded from those properties identified for tax capture
in the Plan, provided that the time frame allowed by Act 381 for tax capture is sufficient to
accommodate capture to capitalize a Fund. The amount of school operating taxes captured for the
Revolving Fund will be limited to the amount of school operating taxes captured for eligible
environmental response activities under this Plan. It may also include funds appropriated or
otherwise made available from public or private sources.
The Revolving Fund may be used to reimburse the Authority, the City, and private parties for the costs
of eligible activities at eligible properties and other costs as permitted by Act 381. It may also be used
for eligible activities on an eligible property for which there is no ability to capture tax increment
revenues. The establishment of this Revolving Fund will provide additional flexibility to the Authority
in facilitating redevelopment of brownfield properties by providing another source of financing for
necessary eligible activities.
3. Site Specific Provisions
A. Eligibility and Project Description (Sec. 13(1)(h))
The eligible properties included in Infill Housing Project compromise approximately 41 acres
of vacant land spread across 119 parcels in Muskegon, Michigan (See Attachment A). Some
of these lots will be split, which will result in a total of 253 parcels.
Project Breakdown:
Parcels = 119
Parcels after splits = 253
New homes = 247
Rehabbed homes = 11
“Cost of sale” concessions = $4,860,000
Public Infrastructure = $777,000
Demo & abatement = $1,200,000
Reimbursable Costs of Construction (before 15% contingency) = $6,837,000
The chart below depicts a listing of eligible properties and the basis for their eligibility.
Eligible Property Information Chart
Address Tax Identification Basis of Investment Reimbursable Approxi Zoning
Number Brownfield Cost Cost mate
Eligibility Acreage
Dusendang Project (109 Homes)
1246 5th St 24-205-378-0006-00 Cost of Sale $200,000 $20,000 0.07 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 N 46 FT LOT 6 BLK 378
1252 5th St 24-205-378-0006-10 Cost of Sale $200,000 $20,000 0.07 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 NLY 44 FT OF SLY 86 FT LOT 6 BLK 378
1245 5th St 24-205-377-0001-00 Cost of Sale $200,000 $20,000 0.12 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1 EX SELY 79.5 FT TH'OF & E 1/2 OF LOT 2 EX SELY
79.5 FT TH'OF BLK 377
1261 5th St 24-205-377-0011-00 Cost of Sale $200,000 $20,000 0.1 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 N 1/4 LOT 11 & N 1/2 OF N 1/2 LOT 12 BLK 377
1342 6th St 24-205-388-0006-20 Cost of Sale $200,000 $20,000 0.09 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 SELY 44 FT OF SWLY 26 FT LOT 5 & SELY 44 FT OF LOT
6 BLK 388
1349 6th St Cost of Sale $200,000 $40,000 0.19 FBC, UR
24-205-389-0012-00
(2 lots)
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 N 1/2 LOT 12 BLK 389
1352 6th St Cost of Sale $400,000 $40,000 0.2 FBC, UR
24-205-388-0007-00
(2 lots)
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 7 BLK 388
1411 6th St 24-205-390-0011-20 Cost of Sale $200,000 $20,000 0.1 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 11 BLK 390 EXC W 92 FT TH'OF
1387 7th St Cost of Sale $400,000 $40,000 0.22 FBC, UR
24-205-375-0005-00
(2 lots)
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 SELY 74 FT LOT 5 & N 30 FT LOT 8 BLK 375
395 Houston Ave Cost of Sale $400,000 $40,000 0.21 FBC, UR
24-205-369-0004-00
(2 lots)
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 4 BLK 369
275 Mason Ave Cost of Sale $400,000 $40,000 0.18 FBC, UR
24-205-391-0003-00
(2 lots)
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 3 BLK 391
346 Mason Ave Cost of Sale $400,000 $40,000 0.09 FBC, UR
24-205-389-0009-00
(2 lots)
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 W 30 FT LOT 9 BLK 389
352 Mason Ave 24-205-389-0008-00 Cost of Sale $200,000 $20,000 0.2 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 8 BLK 389
219 Merrill Ave 24-205-386-0012-00 Cost of Sale $200,000 $20,000 0.12 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 12 BLK 386
271 Merrill Ave Cost of Sale $400,000 $40,000 0.19 FBC, UR
24-205-387-0005-00
(2 lots)
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 5 BLK 387
388 Merrill Ave Cost of Sale $400,000 $40,000 0.2 FBC, UR
24-205-376-0007-20
(2 lots)
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 ELY 66 FT OF WLY 132 FT LOT 7 EXC NLY 20 FT BLK 376
235 Monroe Ave 24-205-379-0003-10 Cost of Sale $200,000 $20,000 0.09 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 E 28 FT LOT 3 BLK 379
239 Monroe Ave 24-205-379-0003-00 Cost of Sale $200,000 $20,000 0.11 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 379 W 38 FT LOT 3
240 Monroe Ave 24-205-367-0010-00 Cost of Sale $200,000 $20,000 0.11 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 W 1/2 LOT 10 BLK 367
250 Monroe Ave 24-205-367-0009-00 Cost of Sale $200,000 $20,000 0.2 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 W 1/2 LOT 9 BLK 367
254 Monroe Ave 24-205-367-0008-10 Cost of Sale $200,000 $20,000 0.06 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 E 40 FT LOT 8 BLK 367
398 Monroe Ave 24-205-370-0011-10 Cost of Sale $200,000 $20,000 0.08 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 E 27 FT OF LOT 11 BLK 370
1392 Park St 24-205-375-0003-20 Cost of Sale $200,000 $20,000 0.07 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 PART LOTS 3-4 & 11 BLK 375 COM ON S LN LOT 11 40
FT E OF SW COR TH E 84 FT TH NLY 26 FT TH NWLY TO A PT 48.5 FT N OF S LN LOT 11 TH W 62.4
FT TH S 48.5 FT TO BEG
382 W Muskegon Ave 24-205-336-0008-00 Cost of Sale $200,000 $20,000 0.24 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 SLY 24.75 FT LOT 9 & NLY 55 FT LOT 8 BLK 336
487 W Muskegon Ave 24-205-347-0004-00 Cost of Sale $200,000 $20,000 0.19 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 E 27 FT OF LOT 11 BLK 370
420 Washington Ave Cost of Sale $400,000 $40,000 0.19 FBC, UR
24-205-375-0010-00
(2 lots)
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 10 BLK 375
459 Washington Ave Cost of Sale $600,000 $60,000 0.46 FBC, UR
24-205-408-0002-00
(3 lots)
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 2 &3 BLK 408
1782 5th St (2 lots) 24-205-463-0004-00 Cost of Sale $400,000 $40,000 0.31 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT 1903 LOT 4 AND N 22 FT LOT 5 BLK 463
318 W Larch Ave (2 Cost of Sale $400,000 $40,000 0.27 FBC, UR
24-205-449-0010-00
lots)
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 E 18 FT LOT 9 & W 20 FT LOT 10 BLK 449
324 W Larch Ave 24-205-449-0009-00 Cost of Sale $200,000 $20,000 0.14 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 E 9 FT LOT 8 & W 29 FT LOT 9 BLK 449
1686 7th St (2 lots) 24-205-449-0001-00 Cost of Sale $400,000 $40,000 0.31 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1 & 2 BLK 449
1660 7th (2 lots) 24-205-440-0004-00 Cost of Sale $400,000 $40,000 0.31 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 5-6 BLK 440
408 W Dale Ave 24-205-439-0006-10 Cost of Sale $200,000 $20,000 0.1 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 W 45 FT OF E 85 FT OF LOTS 6 & 7 BLK 439
340 W Forest Ave 24-205-428-0007-00 Cost of Sale $200,000 $20,000 0.15 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 7 BLK 428
1639 5th St 24-205-441-0003-00 Cost of Sale $200,000 $20,000 0.17 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 3 EXC S 5.5 FT TH'OF INCLUDING S 8 FT LOT 2 EXC
W 44 FT TH'OF BLK 441
1605 Sanford St (2 Cost of Sale $400,000 $40,000 0.15 FBC, UR
24-205-425-0007-00
lots)
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 S 58 FT OF E 94 FT LOT 7 & S 10.4 FT OF E 94 FT LOT 8
BLK 425 (DESC CLARIFICATION 11/30/99)
487 W Southern Ave Cost of Sale $400,000 $40,000 0.26 FBC, UR
24-205-430-0004-00
(2 lots)
Legal Description CITY OF MUSKEGON REVISED PLAT 1903 W 1 1/2 FT LOT 3 & N 115 FT LOTS 4-5 BLK 430
305 W Grand Ave 24-205-419-0019-00 Cost of Sale $200,000 $20,000 0.17 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 19 BLK 419
1535 6th St 24-205-419-0013-00 Cost of Sale $200,000 $20,000 0.16 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 13 BLK 419
355 W Grand Ave 24-205-419-0001-00 Cost of Sale $200,000 $20,000 0.1 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 W 46 FT LOTS 1 & 2 BLK 419
337 W Grand Ave 24-205-419-0001-20 Cost of Sale $200,000 $20,000 0.1 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 E 44 FT OF LOTS 1-2 BLK 419
1458 6th St 24-205-405-0014-00 Cost of Sale $200,000 $20,000 0.16 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 14 BLK 405
1464 6th St 24-205-405-0013-00 Cost of Sale $200,000 $20,000 0.17 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 13 BLK 405
0 Washington Ave 24-205-375-0009-10 Cost of Sale $200,000 $20,000 0.15 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 E 1/2 OF LOT 9 BLK 375
242 Strong Ave 24-205-391-0011-00 Cost of Sale $200,000 $20,000 0.08 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 W 1/2 LOT 11 BLK 391
1360 7th St 24-205-376-0007-00 Cost of Sale $200,000 $20,000 0.09 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 SLY 47 FT OF NLY 98 FT OF SW 66 FT OF LOT 7 BLK 376
1366 7th St 24-205-376-0007-00 Cost of Sale $200,000 $20,000 0.07 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 SLY 40 FT OF WLY 66 FT LOT 7 BLK 376
1262 6th St 24-205-369-0006-30 Cost of Sale $200,000 $20,000 0.07 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 S 40 FT LOT 6 BLK 369
579 W Muskegon Ave 24-205-345-0001-00 Cost of Sale $200,000 $20,000 0.09 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 NLY 1/2 LOT 1 BLK 345
0 W Muskegon Ave 24-205-345-0002-10 Cost of Sale $200,000 $20,000 0.1 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 E 1/2 OF LOT 2 BLK 345
617 W Muskegon Ave 24-205-345-0006-00 Cost of Sale $200,000 $20,000 0.24 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 N 71 FT LOT 6 BLK 345
1047 Ambrosia St Cost of Sale $1,400,000 $140,000 0.57 OSR
24-205-232-0007-00
(7 lots)
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 E 33 FT LOT 7 BLK 224 ALSO E 33 FT OF N 1/2 VAC
DIANA ST LOTS 7 AND 8 BLK 232 ALSO S 1/2 VAC DIANA ST ADJ TO LOT 8 SD BLK
1075 Ambrosia St Cost of Sale $1,200,000 $120,000 0.35 OSR
24-205-236-0008-00
(6 lots)
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 8-9 BLK 236
1155 Ambrosia St Cost of Sale $1,200,000 $120,000 0.61 OSR
24-205-250-0008-00
(6 lots)
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 8-10 BLK 250
1205 Ambrosia St Cost of Sale $1,200,000 $120,000 0.41 OSR
24-205-261-0008-00
(6 lots)
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 8 & 9 BLK 261
1386 Ransom St 24-205-266-0001-00 Cost of Sale $200,000 $20,000 0.2 R-3
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1 BLK 266
1530 Hoyt St 24-205-282-0002-10 Cost of Sale $200,000 $20,000 0.1 R-3
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 S 35.7 FT LOT 2 BLK 281
292 Mason Ave 24-205-388-0008-10 Cost of Sale $200,000 $20,000 0.09 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 E 1/2 LOT 8 BLK 388
1670 Park St 24-205-439-0007-00 Cost of Sale $200,000 $20,000 0.09 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 W 80 FT LOT 7 BLK 439
1772 5th St 24-205-463-0003-00 Cost of Sale $200,000 $20,000 0.23 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT 1903 LOT 3 BLK 463
1227 Fleming Ave 24-745-000-0033-00 Cost of Sale $200,000 $20,000 0.11 R-2
Legal Description CITY OF MUSKEGON ROSELINDE ADDITION LOT 33
1251 8th St (10 lots) 24-205-340-0001-00 Cost of Sale $2,000,000 $200,000 1.14 FBC-UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 PART OF LOTS 1 TO 7 LYING SELY OF WEBSTER AVE
BLK 340
Rudy Briggs Project (32 Homes)
527 Herrick St Cost of Sale $1,800,000 $180,000 1.41 R-1
24-205-023-0008-00
(9 lots)
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 8-14 BLK 23
530 Herrick St Cost of Sale $600,000 $60,000 0.41 R-1
24-205-022-0003-20
(3 lots)
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 S 178 FT LOT 3 & THAT PART OF LOT 4 LYING N OF
SUMNER AVE BLK 22-0003-20
553 Jackson Ave Cost of Sale $600,000 $60,000 0.55 R-1
24-205-022-0002-00
(3 lots)
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 2 & N 150 FT LOT 3 BLK 22
579 Jackson Ave 24-205-022-0001-00 Cost of Sale $200,000 $20,000 0.19 R-1
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1 BLK 22
601 Jackson Ave 24-205-021-0001-00 Cost of Sale $200,000 $20,000 0.2 R-1
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 W 66 FT OF N 132 FT LOT 1 BLK 21
621 Jackson Ave 24-205-020-0001-00 Cost of Sale $200,000 $20,000 0.34 R-1
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1& 2 BLK 20
677 Jackson Ave 24-205-019-0002-00 Cost of Sale $200,000 $20,000 0.24 R-1
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 2 BLK 19
558 Jackson Ave Cost of Sale $400,000 $40,000 0.61 R-1
24-205-014-0020-00
(2 lots)
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 E 1/2 LOT 19 & ALL LOTS 20 & 21 BLK 14
608 Jackson Ave 24-205-015-0006-10 Cost of Sale $200,000 $20,000 0.24 R-1
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 6 EX NLY 50 FT BEING 50 FT ON LANGLEY ST &
62.32 FT ON E LINE SAID LOT 6 BLK 15
704 Leonard Ave Cost of Sale $400,000 $40,000 0.38 R-1
24-405-003-0001-00
(2 lots)
Legal Description CITY OF MUSKEGON GUNNS SUB DIV OF PART OF BLK 2 LOTS 1-2 & 3 BLK 3
740 Leonard Ave Cost of Sale $400,000 $40,000 0.37 R-1
24-205-003-0007-00
(2 lots)
Legal Description CITY OF MUSKEGON GUNNS SUB DIV OF PART OF BLK 2 LOTS 4-5-6 & W 4 FT LOT 7 BLK 3
754 Leonard Ave Cost of Sale $600,000 $60,000 0.37 R-1
24-205-003-0008-00
(3 lots)
Legal Description CITY OF MUSKEGON GUNNS SUB DIV OF PART OF BLK 2 E 36 FT LOT 7 ALL LOTS 8 & 9 & W 8 FT
LOT 10 BLK 3
766 Leonard Ave Cost of Sale $600,000 $60,000 0.38 R-1
24-405-003-0011-00
(3 lots)
Legal Description CITY OF MUSKEGON GUNNS SUB DIV OF PART OF BLK 2 E 42 FT LOT 10 ALL LOTS 11 & 12 BLK 3
Community Encompass Project (5 Homes)
1259 Sanford St (LB) 24-205-384-0007-20 Cost of Sale $200,000 $20,000 0.09 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 S 42 2/3 FT OF E 94 FT LOT 7 BLK 384
1280 Sanford St (LB) 24-205-394-0001-00 Cost of Sale $200,000 $20,000 0.15 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 W 98 FT LOT 1 BLK 394
1141 Jefferson St 24-205-364-0008-10 Cost of Sale $200,000 $20,000 0.1 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 S 68 FT LOT 8 BLK 364
1095 1st 24-205-352-0008-00 Cost of Sale $200,000 $20,000 0.07 FBC, UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 8 BLK 352
1338 Arthur St (LB) 24-205-254-0001-00 Cost of Sale $200,000 $20,000 0.13 R-3
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 NLY 84 FT LOT 1 BLK 254
Land Bank Properties (12 Homes)
204 W Dale (LB) Blight $200,000 $0 0.08 FBC, UR
24-205-441-0007-00
Elimination
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 W 47.6 FT LOT 7 & W 47.6 FT OF S 27 1/7 FT LOT 6 BLK
441
1514 Park St (LB) Blight $200,000 $0 0.19 FBC, UR
24-205-418-0003-00
Elimination
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 3 BLK 418
314 W Grand Ave (LB) Blight $200,000 $0 0.17 FBC, UR
24-205-406-0018-00
Elimination
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 18 BLK 406
237 Washington Ave Blight $200,000 $0 0.17 FBC, UR
24-205-405-0019-00
(LB) Elimination
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 19 BLK 405 & SUBJ TO N 1/2 VAC ALLEY ADJ TH'TO
RECOR'D 3711/266
329 Washington Ave Blight $200,000 $0 0.19 FBC, UR
24-205-406-0007-00
(LB) Elimination
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 7 BLK 406
1456 Park St (LB) Blight $200,000 $0 0.18 FBC, UR
24-205-407-0004-00
Elimination
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 4 BLK 407
1468 8th St (LB) (2 lots) Blight $400,000 $0 0.19 FBC, UR
24-205-408-0007-00
Elimination
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 7 BLK 408 EXC E 46 FT TH'OF
462 Washington Ave Blight $200,000 $0 0.08 FBC, UR
24-205-374-0007-00
(LB) Elimination
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 W 39 1/2 FT LOT 7 BLK 374
507 Houston Ave (LB) Blight $200,000 $0 0.1 FBC, UR
24-205-371-0004-10
Elimination
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 E 1/2 LOT 4 BLK 371
1370 Sanford St (LB) Blight $200,000 $0 0.08 FBC, UR
24-205-401-0001-10
Elimination
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 S 32 1/4 FT OF N 63 1/2 FT OF W 106 FT 2 1/2 IN LOT
1 BLK 401
1542 7th St (LB) Blight $200,000 $0 0.08 FBC, UR
24-205-419-0007-00
Elimination
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 W 81 FT LOT 7 BLK 419
Former Farmers Market Properties (44 Homes)
731 Yuba St Blight $1,600,000 155,400 (Public 2.71 I-1
(8 lots) Elimination (homes) Infrastructure)
24-205-183-0001-00
155,400 (Public
Infrastructure)
Legal Description CITY OF MUSKEGON REVISED PLAT 1903 ENTIRE BLK 183 LYING ELY OF C & O R/W EX COM ON NLY
LINE SAID BLK 44 FT M/L SWLY OF NE COR LOT 5 TH S 24 DEG 39 MIN 59 SEC W 63 FT M/L TH NLY
39 FT M/L TO NLY LINE SAID BLK TH NELY ON NLY LINE SAID BLK 39 FT M/L TO BEG
205 E Muskegon Ave Blight $1,600,000 155,400 (Public 2.55 I-1
(8 lots) Elimination (homes) Infrastructure)
24-205-192-0001-00 155,400
(Public/
Infrastructure)
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 1 THRU 12 INCL BLK 192
287 E Muskegon Ave Blight $1,600,000 155,400 (Public 1.48 I-1
(8 lots) Elimination (homes) Infrastructure)
24-205-193-0004-00
155,400 (Public
Infrastructure)
Legal Description CITY OF MUSKEGON REVISED PLAT 1903 LOTS 4 THRU 10 INC BLK 193
225 Eastern Ave Blight $1,600,000 155,400 (Public 1.59 I-1
(8 lots) Elimination (homes) Infrastructure)
24-205-182-0001-00
155,400 (Public
Infrastructure)
Legal Description CITY OF MUSKEGON REVISED PLAT 1903 ENTIRE BLK 182
650 Yuba St Blight $1,600,000 155,400 (Public 1.61 B-4
(8 lots) Elimination (homes) Infrastructure)
24-205-167-0001-00
155,400 (Public
Infrastructure)
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 ENTIRE BLK 167
185 E Muskegon Ave Blight $200,000 $0 0.29 I-1
24-205-191-0001-00
(2 lots) Elimination
Legal Description CITY OF MUSKEGON REVISED PLAT 1903 LOT 1 BLK 191
209 E Walton Ave Blight $200,000 $0 0.49 I-1
24-205-191-0009-00
(2 lots) Elimination
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 9 AND 10 BLK 191
Froebel School Property (40 Homes)
417 Jackson Ave Demo & $9,200,000 $2,000,000 7.01 R-1
Abatement ($1,200,000
+ Cost of demo +
24-205-024-0001-00
Sale $800,000 Cost
of Sale)
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 ENTIRE BLKS 24 25 26 ALSO BLK 27 EX LOTS 6 & 7
City Rehab Projects (10 Homes)
nd
1078 2 St Blight $50,000 $0 0.1 FBC-UR
24-205-352-0004-10
Elimination
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 S 1/2 LOT 4 BLK 352
1067 W Grand Blight $50,000 $0 0.2 R-1
24-205-484-0004-00
Elimination
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 484 LOT 4 & S 16 1/2 FT OF GRAND AVE ABUTTING
SAME
1188 4th St Blight $50,000 $0 0.13 FBC-UR
24-205-367-0008-00
Elimination
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 W 92 FT LOT 8 BLK 367
1457 7th St 24-205-407-0011-10 Cost of Sale $50,000 $20,000 0.12 FBC-UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 S 2/3 LOT 11 BLK 407
580 Catherine Ave 24-205-076-0009-00 Cost of Sale $50,000 $20,000 0.2 R-3
Legal Description CITY OF MUSKEGON REVISED PLAT 1903 LOT 9 BLK 76
1192 Pine St 24-205-245-0002-00 Cost of Sale $50,000 $20,000 0.1 R-3
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 N 1/2 LOT 2 BLK 245
1194 Pine St 24-205-245-0002-10 Cost of Sale $50,000 $20,000 0.09 R-3
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 S 1/2 LOT 2 BLK 245
254 W Southern Ave 24-205-420-0012-20 Cost of Sale $50,000 $20,000 0.07 FBC-UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 W 32 FT OF E 82 FT LOTS 12-13 BLK 420
435 E Isabella 24-205-078-0004-00 Cost of Sale $50,000 $20,000 0.2 R-3
Legal Description CITY OF MUSKEGON REVISED PLAT 1903 LOT 4 BLK 78
248 Mason Ave 24-205-387-0007-00 Cost of Sale $50,000 $20,000 0.14 FBC-UR
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 N 1/2 LOT 7 & W 26.7 FT OF S 1/2 LOT 7 BLK 387
Big Red Developer (5 Homes)
559 McLaughlin Ave Blight $200,000 $0 0.18 R-1
24-205-092-0004-00
Elimination
Legal Description CITY OF MUSKEGON REVISED PLAT 1903 LOT 4 BLK 92
589 McLaughlin Ave Blight $200,000 $0 0.18 R-1
24-205-092-0001-00
Elimination
Legal Description CITY OF MUSKEGON REVISED PLAT 1903 LOT 1 BLK 92
438 E Isabella Ave Blight $200,000 $0 0.21 R-3
24-205-068-0010-00
(rehab) Elimination
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 10 BLK 68
441 E Isabella Ave Blight $200,000 $0 0.2 R-3
24-205-078-0003-00
Elimination
Legal Description CITY OF MUSKEGON REVISED PLAT 1903 LOT 3 BLK 78
591 Catherine Ave Blight $200,000 $0 0.11 R-3
24-205-081-0001-10
Elimination
Legal Description CITY OF MUSKEGON REVISED PLAT 1903 E 38.39 FT LOT 1 BLK 81
City Redevelopment Projects
1095 3rd St Cost of Sale $3,000,000 $300,000 0.95 FBC-MS
(former Catholic 24-205-350-0009-00
Charities property)
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 9 EX W 15 FT TH'OF LOT 10 11 12 ALL LOT 13 EX
A TRI PIECE IN SE COR SD LOT COMM AT SE COR TH N 3.85 FT TH SWLY TO A PT ON THE SELY LN
LOT 13 3.85 FT W OF POB TH 3.85 FT TO POB BLK 350
301 W Muskegon Ave Cost of Sale $800,000 $200,000 0.21 FBC-MS
(former Catholic 24-205-350-0001-00
Charities property)
Legal Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1 BLK 350
880 1st St (880 First St Cost of Sale $12,000,000 $500,000 0.21 FBC-MS
24-205-350-0001-00
LLC development)
Legal Description CITY OF MUSKEGON REVISED PLAT 1903 LOTS 12-15 BLK 310 & ELY 1/2 OF VAC FIRST ST ADJ TO
SD LOTS & S 1/2 OF VAC ALLEY ADJ TO SD PROPERTY SUBJ TO ESMT RECORDED IN L3794/P882
216 W Clay Blight $5,000,000 $0 0.35 FBC-MS
(880 First St LLC 24-205-310-0016-00 Elimination
development)
Legal Description CITY OF MUSKEGON REVISED PLAT 1903 LOTS 16 & 17 BLK 310 SBJT TO UNDERGROUND
ELECTRIC LN ESMNT L3815 P885
208 W Clay Blight $5,000,000 $0 0.28 FBC-MS
(880 First St LLC 24-234-000-0004-00 Elimination
development)
Legal Description CITY OF MUSKEGON DOWNTOWN MUSKEGON DEVELOPMENT CENTER NO 2 UNIT 4 S 1/2 OF
VAC ALLEY ADJ TO SD PROPERTY (ALLEY VAC CITY RES 97-12) & SWLY S 1/2 OF CONTIGUOUS VAC
ALLEY ADJ TO SBJT TO ESMNT FOR OVERHEAD/UNDERGROUND ELECTRIC LNS RECOR'D
3724/701
Eligible Activities, Financing, Cost of Plan (Sec. 13(1) (a) (b) (c) (d) (g))
Eligible activities include cost of sale, demo & abatement, public infrastructure and brownfield
plan preparation and development (see chart below).
Eligible Activities Chart
Eligible Activity Cost
Cost of Sale $4,840,000
Demo & Abatement $1,200,000
Public Infrastructure $777,000
Brownfield Plan Preparation and Development $20,000
Sub-total $6,837,000
Contingency (15%) $1,025,550
Total Eligible Activities to be paid under this $7,862,550
Plan
The eligible activities described above will occur on the Property and are further described as follows:
1. Cost of Sale: If the sale of a home results in a loss to the developer, the difference between the
cost of construction and the sale price is considered the cost of sale or a seller concession. Some
of these concessions could come from title work, acquisition costs and selling costs. For this Plan,
it is anticipated that each home may result in the loss of $20,000 per unit.
2. Demo & Abatement: The cost to demolish the property and return it to a developable state,
which may include lead and asbestos abatement.
3. Public Infrastructure: The cost to construct public infrastructure like alleys and water/sewer lines.
4. Brownfield Plan Preparation and Development: Costs incurred to prepare and develop this
brownfield plan, as required per Act 381 of 1996, as amended.
It is intended that the above eligible activities will be reimbursed with interest at 5%.
Effective Date if Inclusion in the Brownfield Plan
The amended Infill Housing Project was added to this Plan on ____________, 2020 and will be amended
accordingly upon adoption of this Plan Amendment.
RESOLUTION APPROVING THE BROWNFIELD PLAN AMENDMENT
City of Muskegon Infill Housing Project, 2nd Amendment
City of Muskegon
County of Muskegon, Michigan
2020-December 8th
Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of
Muskegon, Michigan (the “City”), held in the City Commission Chambers on the 8th day of
December, 2020 at 5:30 p.m., prevailing Eastern Time.
PRESENT:
ABSENT:
The following preamble and resolution were offered by Commissioner
___________________ and supported by Commissioner __________________.
WHEREAS, in accordance with the provisions of Act 381, Public Acts of Michigan, 1996,
as amended (“Act 381”), the City of Muskegon Brownfield Redevelopment Authority (the
“Authority”) has prepared and approved a Brownfield Plan Amendment to include the Infill
Housing Project (2nd Amendment) in the Plan; and
WHEREAS, the Authority has forwarded the Brownfield Plan Amendment to the City
Commission requesting its approval of the Brownfield Plan Amendment; and
WHEREAS, the City Commission has provided notice and a reasonable opportunity to
the taxing jurisdictions levying taxes subject to capture to express their views and
recommendations regarding the Brownfield Plan Amendment, as required by Act 381; and
WHEREAS, not less than 10 days has passed since the City Commission provided
notice of the proposed Brownfield Plan to the taxing units; and
WHEREAS, the City Commission held a public hearing on the proposed Brownfield Plan
on December 8, 2020.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. That the Brownfield Plan constitutes a public purpose under Act 381.
2. That the Brownfield Plan meets all the requirements of Section 13(1) of Act 381.
3. That the proposed method of financing the costs of the eligible activities, as identified
in the Brownfield Plan and defined in Act 381, is feasible and the Authority has the
authority to arrange the financing.
4. That the costs of the eligible activities proposed in the Brownfield Plan are
reasonable and necessary to carry out the purposes of Act 381.
5. That the amount of captured taxable value estimated to result from the adoption of
the Brownfield Plan is reasonable.
6. That the Brownfield Plan in the form presented is approved and is effective
immediately.
7. That all resolutions or parts of resolutions in conflict herewith shall be and the same
are hereby rescinded.
Be it Further Resolved that the Mayor and City Clerk are hereby authorized to execute
all documents necessary or appropriate to implement the provisions of the Brownfield Plan.
AYES:
NAYS:
RESOLUTION DECLARED APPROVED.
Ann Marie Meisch, City Clerk
Stephen J Gawron, Mayor
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on December 8, 2020 and that said meeting was conducted and public
notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act,
being Act 267, Public Acts of Michigan, 1976, as amended, and that the minutes of said meeting
were kept and will be or have been made available as required by said Act.
Ann Marie Meisch, City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 12/08/2020 Title: Community EnCompass Infill Housing
Development Agreement and Funding
Submitted By: Jake Eckholm Department: Economic Development
Brief Summary: Community Encompass has committed their share of funding for this project
through an approved resolution of their Board of Directors. Staff recommends approving the use of
$250,000 of HOME Funds to couple with $320,000 in contributions from Community Encompass
and retain Community Encompass as the builders and marketers of the homes.
Detailed Summary:
In an attempt to further our Economic Equity efforts and to create diversity of housing price points
as we build infill, we have been working for quite some time with Community EnCompass to try
and construct a deal within the Brownfield TIF and their institutional capacity to construct homes
that would be specifically for buyers at or below 80% AMI. The attached development agreement is
based on other residential construction agreements the City has used and is reflective of the
anticipated costs to construct 3 single family homes on city owned lots at 180 Houston, 1141
Jefferson, and 1259 Sanford. A map is attached with the locations highlighted. Community
Encompass already receives HOME funds each year from the City’s CDBG programming as the
only Community Housing Development Organization (CHDO) in the area. This item would increase
their 20/21 allotment as well as allocate existing program income for this development. The total
project would have a not-to-exceed budget of 570,000, with Community Encompass to be repaid
first by proceeds from sales, and the city second. Any losses incurred by the City would be
recouped through Brownfield TIF.
Amount Requested: $250,000 Amount Budgeted: Consistent with CNS
Program Development Plan, budget
amendment required at quarterly reforecast
Fund(s) or Account(s): CDBG HOME Funds Fund(s) or Account(s):
(Current and previous year carryover/program
income)
Recommended Motion: A motion to accept the development agreement as presented and
authorize the Finance Department to release funds for construction to Community Encompass.
For City Clerk Use Only:
Commission Action:
RESIDENTIAL CONSTRUCTION AGREEMENT
This Agreement is effective on __________________, 2020 (“Effective Date”) between
Community encompass, of 19 Hartford Ave, Muskegon, MI 49442_ (“Builder”) and
THE CITY OF MUSKEGON of 933 Terrace Street, Muskegon, MI 49440 (“Owner”) with reference to
the following facts:
Background
Builder and Owner (individually, a “Party” or collectively, “Parties”) agree that Builder shall
construct three (3) single family residences (the “Residences”) for Owner on the terms and conditions set
forth in this Agreement and in the general conditions attached as Exhibit A (“General Conditions”).
The parties agree as follows:
1. Building Site. Owner owns the building site located on the real estate located at
180 Houston Street, 1141 Jefferson Street, and 1259 Sanford Street, and legally described on Exhibit
B (the “Property”). Owner has agreed to hire Builder to build the Residences on the Property.
2. The Residences. Builder shall build the Residence in accordance with the plans and
specifications attached as Exhibit C (the “Plans”).
3. Price. The price for constructing the Residences shall be Five Hundred-Seventy Thousand
Dollars ($570,000) (“Price”).
4. Estimated Completion Date. Builder shall commence construction of the Residence within
30 days from the Effective Date (“Commencement Date”). Builder shall complete the Residence
within _20_ weeks of the Commencement Date (“Completion Date”).
5. General Conditions. Owner and Builder agree to all of the General Conditions attached to
this Agreement as Exhibit A.
Builder –______________
By: ________________________________
Name: ________________________________
Title: ________________________________
Date: ________________________________
Owner –THE CITY OF MUSKEGON
By: ________________________________
Name: ________________________________
Title: ________________________________
Date: ________________________________
EXHIBIT A
GENERAL CONDITIONS
1. Payment of the Price. The Price shall be paid in accordance with the following schedule
(“Payment Schedule”):
a. Foundation installed..............................….... 20% of the Price
b. Mechanicals installed..........................….... 40% of the Price
c. Certificate of Occupancy..................…....... 30% of the Price
d. Completion of Punch List Items………….. 10% of the Price
2. Costs Included in Price. Unless excluded by Section 3 or adjusted as set forth in
Sections 4 or 5, the Price is fixed and includes all cost of labor and materials purchased, including
all sales taxes incurred by Builder, for complete construction of the Residence. Price is not based
on allowances or estimates of costs for items to be added to the Residence. The Price includes:
a. A security system;
b. A driveway
c. Curb cut (Builder may use existing curb cut unless damaged);
d. Sod/seed over the entire front, back and side yards;
e. A street tree;
f. A small landscape package along each side of the Residence with street frontage;
g. Edging and mulch;
3. Costs Excluded From Price. Owner shall be responsible for each of the following items
and the cost of each item shall be excluded from the Price and the sole responsibility of Owner:
a. Lot Lines. Prior to the Commencement Date Owner shall own the Property with new
lot lines established as depicted on the Site Plan.
b. Site Preparation. Prior to the Commencement Date, Owner will prepare the Property
for construction of the Residence, including the removal of the following:
i. existing fences;
ii. community garden;
iii. existing sidewalks; and,
iv. debris.
c. Water and Sewer Leads. Owner will provide water and sewer leads to the Residence.
d. Permit and Connection Fees. Owner shall be responsible for any municipal permits,
connection fees, tap fees or assessments, including sewer and water connection fees.
e. Site Variance. Any abnormal site conditions discovered during excavation will be
communicated to Owner along with an estimated cost to proceed with construction.
Examples include such items as buried debris, bad soils, or rear yard drainage constraints.
Any additional site work required will be corrected by Owner unless Owner authorizes
Builder to correct any site variance issues in writing and the appropriate Change Order is
fully executed.
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f. Damaged Curb Cuts. Any damaged curb cuts will either be approved for use or
removed by Owner.
g. Irrigation. Irrigation can be added for $3,000, provided the appropriate Change Order
is fully executed.
h. Future Security System Service Fees. Ongoing monitoring service fees will be the
responsibility of Owner or subsequent owner.
4. Modifications/Extras. No modifications to the Plans (“Modifications”) or requests for
additional construction (“Extras”), the cost of which exceed $200, shall be binding upon either party,
unless the Modifications or Extras are set forth on a written Change Order that is signed by Builder
and Owner in substantially the form as attached Exhibit E (“Change Order”). The Change Order must
provide a detailed description of the Modifications or Extras and the cost or credit to be charged. In
those instances where a Change Order increases or decreases the Price by more than $200 (“Adjusted
Price”), the Adjusted Price shall be paid according to the remaining portion of the Payment Schedule.
5. Minor Modifications. Builder and Owner may from time to time agree on minor
modifications, the cost for which is less than $200 (“Minor Modifications”). Minor Modifications
may only be made by agreement between Builder and Owner, provided such agreement need not be
in writing. The cost or credit for Minor Modifications shall be added to or credited against the Price
and paid according to the remaining portion of the Payment Schedule.
6. Payments, Sworn Statement and Lien Waivers. Payments required by the Payment
Schedule shall be made within 10 days of Builder’s invoice by Owner to Transnation Title Insurance
Company of 570 Seminole, Muskegon, Michigan 49441(the “Title Company”). Builder will deliver
to the Title Company a sworn statement showing all amounts due for labor and materials furnished in
connection with construction of the Residence or other improvements to the Property through the date
of Builder’s invoice together with waivers of lien showing all amounts from any previous draw have
been paid in full. The Title Company shall pay Builder per the Payment Schedule within 2 business
days of approval by the Title Company of the last sworn statement provided proper partial
unconditional waivers of lien from Builder and for each supplier and sub-contractor to whom
payment has been made are received and approved by the Title Company.
7. Possession. Owner shall be entitled to possession of the Residence upon payment of the Price
in full.
8. Extension of Dates. Any date may be extended by agreement of the Builder and Owner and
the Commencement Date and the Completion Date may be extended as a result of circumstances
beyond the control of Builder, including, but not limited to, delays caused by suppliers or
subcontractors, delays for utility hook-ups, Acts of God, labor disputes, governmental inspections,
regulations, or permit processes, material back orders, Owner’s requests for Change Orders, fire,
injury or disability to Builder, or weather.
9. Builder's Warranties. Builder shall complete the Residence and all improvements on the
Property timely and in a first class manner. All building materials used in the construction of the
Residence shall be new. Builder guarantees its workmanship for a period of 12 months from the date
of sale or lease of the Residence to a party other than Owner or 24 months from the date of the
Certificate of Occupancy, whichever first occurs (“Warranty Period”). This warranty is fully
transferable by Owner and may be assigned to a 3rd party. Within the Warranty Period, Builder may
replace, at its option, any materials incorporated into the Residence which are defective. To make a
claim under this warranty, Owner or its successor must give Builder written notice of any such defect
2
in the workmanship and/or materials promptly upon discovery and not later than expiration of the
Warranty Period. This warranty does not apply to workmanship or materials requiring repair or
replacement because of normal wear and tear, natural settling or mold. Builder shall turn over and
transfer to Owner all manufacturers’ warranties that are delivered directly to Builder by the
manufacturer at the time of final payment by Owner. In addition to this warranty between Builder and
Owner and successors of Owner, Builder shall also provide to Owner and successors of Owner at no
cost to Owner the Ten Year Warranty for New Homes provided by Residential Warranty Company,
LLC attached as Exhibit F (“Long Term Warranty”). Nothing in the Long Term Warranty shall limit
the scope of the warranties provided by Builder to Owner or its successors.
10. Owner's Warranties. Owner covenants and warrants that Owner owns the Property in fee
simple, free and clear of all liens, except for those encumbrances specifically set forth on Exhibit G.
Owner shall provide evidence satisfactory to Builder, such as a commitment for title insurance issued
by the Title Company, which indicates such ownership. Owner shall locate the exact location of the
Residence on the Property. All corners of the Property and the Residence shall be clearly marked
with surveyor stakes. Owner covenants and agrees that such location is in compliance with all
applicable federal, state, and local rules and regulations, including, but not limited to, building
restrictions, set-back requirements and zoning ordinances.
11. License. Builder is a residential builder and a residential maintenance and alteration
contractor and is required to be licensed under article 24 of Act 299 of the Public Acts of 1980, as
amended, being sections 339.2401 to 399.2412 of the Michigan Compiled Laws. An electrician is
required to be licensed under Act No. 217 of the Public Acts of 1956, as amended, being sections
338.881 to 338.892 of the Michigan Compiled Laws. A Plumber is required to be licensed under Act
No. 266 of the Public Acts of 1929, as amended, being sections 338.901 to 338.917 of the Michigan
Compiled Laws. Builder is licensed by the State of Michigan as a licensed Michigan Contractor and
maintains its license in good standing. Builder's License number is 2101131848 respectively.
12. Laws, Ordinances and Regulations. In connection with the construction of the Residence,
Builder shall meet and comply with all applicable laws, ordinances, and regulations.
13. Notice of Commencement. Owner shall deliver a Notice of Commencement in accordance
with the Michigan Construction Lien Act within ten days of the Effective Date.
14. Risk of Loss. Until a Certificate of Occupancy is issued for the Residence the risk of loss for
the Residence lies solely with Builder. Provided, Owner shall be solely responsible for building
materials on Property and Owner shall reimburse Builder for the cost of building materials vandalized
or stolen from the Property.
15. Insurance. Builder shall procure and maintain an “all risk” insurance policy and shall name
Owner as an additional named insured. Builder shall maintain a policy of builder's insurance fully
insuring the Residence from the date construction commences until the date of substantial
completion. Owner may also maintain a policy of insurance on their interest in the Residence. Builder
shall also carry public liability insurance with coverage limits not less than $1,000,000 single-limit
coverage and worker's compensation insurance in an amount not less than the statutory minimum.
Such policies shall name Owner as an additional named insured. Builder shall provide Owner with
evidence of such insurance upon request. Owner and Builder waive all rights against each other for
damages caused by fire or other perils to the extent covered by insurance provided under this
paragraph.
16. Diligent Pursuit. Builder shall diligently pursue its obligations under this Agreement.
3
17. Default. If either Party believes that the other Party has failed to comply with this
Agreement (“Default”), the non-defaulting Party shall provide the Defaulting Party not less than 10
days written notice of such non-compliance, a list of the non-defaulting Party’s specific complaints,
and a reasonable time within which the defaulting Party shall cure the Default (“Default Notice”). If
the defaulting Party fails to cure the Default within the period of time specified in the Default Notice,
the non-defaulting Party may pursue any and all remedies available, including specific performance
in that there may not be an adequate remedy at law. In addition, Owner may replace Builder with
another party to complete construction and may deduct from the Price any amount paid by Owner to
such third party to complete construction in accordance with the Plans. In the event either Party takes
any action to enforce this Agreement, the prevailing Party shall reimburse the other Party for all
expenses incurred by the prevailing Party, including attorney fees.
18. Cross Default. Contemporaneously with the execution of this Agreement, Owner and
Builder are entering into ____similar agreements for the construction of homes similar to the
Residence on each of the ______ lots depicted on the Site Plan (“Other Agreements”). Owner and
Builder agree that a default of this Agreement or any of the Other Agreements shall constitute a
default of all Other Agreements and this Agreement.
19. Dispute Resolution. Any claim or demand of either party arising out of this Agreement,
including without limitation, claims of fraud, misrepresentation, warranty or negligence and that
exceeds $5,500 in value shall be submitted to binding arbitration. The parties shall attempt to agree
on a mutually agreeable independent arbitrator. If the parties are unable to mutually agree on an
arbitrator, and arbitrator shall be selected in accordance with the rules of the American Arbitration
Association. The arbitration shall be conducted in accordance with the rules of the American
Arbitration Association, Home Construction Arbitration Rules and Mediation Procedures. A Circuit
Court judgment may render judgment upon the award made pursuant to this Agreement. This
Agreement is specifically made subject to and incorporates the provisions of the Michigan Arbitration
Act, MCL 600.5001 et seq. The cost of such arbitration shall be divided equally between both
parties. Neither Party shall be required to submit to arbitration any claim or demand of a value less
than $5,500.
20. Miscellaneous.
a. Authority to Bind Owner. No approval, agreement or consent and no document
signed in connection with this Agreement shall be binding on Owner unless made, given or
signed by Frank Peterson or Jake Eckholm.
b. Applicable Law. This Agreement is executed in, shall be governed by, and construed
and interpreted in accordance with the laws of the State of Michigan.
c. Entire Agreement. This writing shall constitute the entire Agreement, and shall
supersede any other Agreements, written or oral, that may have been made or entered into by the
parties with respect to the subject matter hereof, and shall not be modified or amended, except in
a subsequent writing signed by the party against whom enforcement thereof is sought.
d. Binding Effect. This Agreement shall be binding upon, inure to the benefit of, and be
enforceable by the parties and their respective legal representatives, successors, assigns, officers,
directors, employees, agents, heirs, executors, and administrators.
e. Full Execution. This Agreement requires the signature of both parties. Until fully
executed on a single copy or in counterparts, this Agreement is of no binding force or effect, and
if not fully executed, this Agreement is void.
4
f. Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original as against any party whose signature appears thereon, and all
of which together shall constitute one and the same instrument. This Agreement shall become
binding upon the parties when one or more counterparts, individually or taken together, shall bear
the signatures of all parties.
g. Non-Waiver. No waiver by any party of any provision of this Agreement shall
constitute a waiver by such party of such provision on any other occasion or a waiver by such
party of any other provision of the Agreement.
h. Severability. Should any one or more of the provisions of this Agreement be
determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
enforceability of the remaining provisions shall not in any way be impaired or affected.
i. No Discrimination. Discrimination on the basis of religion, race, creed, color,
national origin, age, sex, marital status, or handicapped condition by either party in respect to the
construction of the Residence is prohibited.
j. Assignment or Delegation. Neither Builder nor Owner may assign all or any part of
this Agreement. Provided, that Builder may delegate all or any part of its obligations to perform
the services under this Agreement, to any persons or entities that Builder, in its sole discretion,
deems appropriate, including sub-contractors. Such delegation shall be at the sole expense of
Builder unless otherwise provided.
k. Notices. Any notices required or permitted to be given under this Agreement must be
in writing and sent to the address shown below (or such subsequent address as may be designated
by either party in writing) by certified mail, return receipt requested and postage prepaid, a
recognized courier service (Federal Express, UPS, or DHL), or by email with confirmation of
delivery received. The notice will be effective upon receipt.
To Builder:
19 Hartford Ave,
Muskegon, MI 49442
Attn: Sarah Rinsema-Sybenga
Phone: 231-728-3117
E-mail: [email protected]
To Owner:
City of Muskegon
933 Terrace Street
P.O. Box 536
Muskegon, MI 49443-0536
Attn: Jake Eckholm
Phone: 231-724-6780
Fax: 231-722-1214
E-mail: [email protected]
5
With a contemporaneous copy to:
Parmenter O'Toole
601 Terrace Street
P.O. Box 786
Muskegon, Michigan 49443-0786
Attn: John Schrier
Phone: 231-722-5401
Fax: 231-722-5501
Email: [email protected]
l. Time is of the Essence. Builder and Owner acknowledge and agree that the time
related provisions set forth herein are critical and essential terms of this Agreement and that time
is of the essence with regard to the transactions contemplated in this Agreement. Failure to
strictly comply with the time related provisions of this Agreement will be considered a breach of
the entire Agreement.
m. Pronouns. For convenience, Owner has been referred to this Agreement sometimes in
the singular and at other times in the plural.
n. Notice of Sale or Lease. Upon the sale or lease of the Residence by Owner to a third
party, Owner shall provide notice to Builder of such sale or lease and provide builder with all
contact information for the buyer/tenant, including a phone number and an email address.
6
EXHIBIT B
LEGAL DESCRIPTION
PIN: 61-24-205-352-0008-00
Address: 180 HOUSTON AVE
MUSKEGON, MI 49440
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 8 BLK 352
PIN: 61-24-205-364-0008-10
Address: 1141 JEFFERSON ST
MUSKEGON, MI 49440
CITY OF MUSKEGON REVISED PLAT OF 1903 S 68 FT LOT 8 BLK 364
PIN: 61-24-205-384-0007-20
Address: 1259 SANFORD ST
MUSKEGON, MI 49441
CITY OF MUSKEGON REVISED PLAT OF 1903 S 42 2/3 FT OF E 94 FT LOT 7 BLK 384
EXHIBIT C
PLANS AND SPECIFICATIONS
*FORMAL SITE PLANS SUBMITTED TO PLANNING DEPARTMENT*
EXHIBIT D
SITE PLAN
*FORMAL SITE PLAN SUBMITTED TO PLANNING DEPARTMENT*
EXHIBIT E
CHANGE ORDERS
Owner has requested, and Builder agrees to the following Modifications to the Plans with the
cost/credit set forth below:
MODIFICATION COST CREDIT ADJUSTED PRICE
Builder -
By: ________________________________
Name: ________________________________
Title: ________________________________
Date: ________________________________
Owner – THE CITYOF MUSKEGON
By: ________________________________
Name: ________________________________
Title: ________________________________
Date: ________________________________
EXHIBIT F
LONG TERM WARRANTY
EXHIBIT G
PERMITTED ENCUMBRANCES
__________________________________
RESIDENTIAL CONSTRUCTION AGREEMENT
OWNER
THE CITY OF MUSKEGON
BUILDER
COMMUNITY ENCOMPASS
Board Resolution of Members for Sale of Property
The Community Development Organization, Bethany Housing Ministries (DBA
Community enCompass), commits $320,000 towards the EACH (enCompass Affordable
Community Housing) Project, contingent on the City of Muskegon contributing $250,000
towards Phase I of the EACH Project and contingent on the agreement that Community
enCompass will recoup the total investment in a unit, upon time of sale of said unit.
Phase I of the EACH Project includes development of the following properties:
• 1141 Jefferson
• 1095 1st Street
• 1259 Sanford
Phase II of the EACH Project includes the development of the following properties:
• 1280 Sanford
• 1338 Arthur
The current incorporators/members/directors agree that Sarah Rinsema-Sybenga has the
authority to sign all documents related to the agreements of the subject project/properties
on behalf of the organization.
Dates this 26th day of October, 2020
________________________________________________________________________
Sarah Rinsema-Sybenga Tara Foreman (Board Chair)
Location 180 Houston/2BDRM/ADA 1141 Jefferson/3BDRM
Unit Price $ 96,317.00 $ 107,800.00
Excavation $ 800.00 $ 1,500.00
Backfill and hauling sand $ 2,000.00 $ 2,000.00
Foundation $ 7,200.00 $ 15,540.00
Footings(foundation & Porch) $ 5,150.00 $ 3,650.00
Heating $ 7,600.00 $ 4,500.00
Plumbing $ 4,675.00 $ 3,125.00
Electrical $ 3,241.00 $ 3,255.00
Flatwork $ 7,100.00 $ 9,730.00
Basement finish Plumbing $ - $ -
Landscaping $ 1,850.00 $ 2,150.00
Consumers $ 1,500.00 $ 1,500.00
DTE $ 1,500.00 $ 1,500.00
DPW-water/sewer $ - $ -
Siding Materials Only $ 1,500.00 $ 1,000.00
General Contracting/Porches, etc $ 15,000.00 $ 18,000.00
Building Permit $ 2,000.00 $ 2,000.00
Insulation $ 1,500.00 $ 1,500.00
Tree Removal? City? $ - $ -
Architectural $ 1,500.00 $ 1,500.00
Renderings $ 130.00 $ 140.00
Hard Cost Total $ 160,563.00 $ 180,390.00
Developer Fee $ 18,000.00 $ 18,000.00
Total per House $ 178,563.00 $ 198,390.00
Total Project Investment $ 569,510.00
1259 Sanford/2BDRM
$ 98,337.00
$ 1,500.00
$ 2,000.00
$ 13,915.00
$ 3,620.00
$ 7,600.00 No AC
$ 6,200.00
$ 3,255.00
$ 8,500.00
$ -
$ 2,000.00
$ 1,500.00
$ 1,500.00
$ -
$ 1,500.00 Vinyl B&B
$ 18,000.00 Porches, siding, marriage walls, insulation
$ 2,000.00 additions, egress, wall repair
$ 1,500.00
$ -
$ 1,500.00
$ 130.00
$ 174,557.00
$ 18,000.00
$ 192,557.00