City Commission Packet 04-27-2021

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      CITY OF MUSKEGON
        CITY COMMISSION MEETING
             APRIL 27, 2021 @ 5:30 P.M.
     MUSKEGON CITY COMMISSION CHAMBERS
    933 TERRACE STREET, MUSKEGON, MI 49440
                REMOTE MEETING


                                  AGENDA

□      CALL TO ORDER:
□      ROLL CALL:
□      HONORS/AWARDS/PRESENTATIONS:
    A. Home Rehab Good News            Development Services/CNS
□      PUBLIC COMMENT ON AN AGENDA ITEM:
□      CONSENT AGENDA:
    A. Approval of Minutes      City Clerk
    B. Fireworks Display Permit for City of Muskegon           City Clerk
    C. Request to Fly the Norwegian Flag       City Clerk
    D. Temporary Extension of Service Area for Smash Wine Bar               City Clerk
    E. Downtown Muskegon Social District Plan and Map Amendments
       Economic Development
    F. Social District Permit Recommendation             Economic Development
    G. Harbor 31 Viridian Shores Housing Development Neighborhood Enterprise
       Zone Resolution of Intent Economic Development
    H. Lakeshore Drive Settlement Fund Conveyance              Economic Development
    I. Consumers Energy Easement Public Works
    J. Water Filtration Plant & Harvey Pump Station Building Repairs        Public
       Works – Filtration
    K. Marshall Street Water Tower Painting Public Works – Filtration
    L. Hartshorn Marina Engineering Services             Public Works
    M. Hartshorn Marina – Fencing      Public Works

                                           Page 1 of 2
    N. H92037 Monroe, Third to Fourth and H92046 Alley Improvements                                    Public
       Works
    O. Roberts Street – TEDF Application                   Public Works
    P. Railroad Mural – Resolution of Support                        Public Works
    Q. Railroad Mural – ROE (Right of Entry) Agreement                       Public Works
    R. Smith Ryerson eSports              Public Works
    S. Sale of the Property Formerly Known as 1251 8th Street                         Planning
□      PUBLIC HEARINGS:
    A. Exemption of New Personal Property-MH Solar LLC                                Planning
□      UNFINISHED BUSINESS:
    A. Lot Sales Hudson/Dowd Tabled from 4/13/2021                           Planning
□      NEW BUSINESS:
    A. Parking Revenue – Park Upgrades                     Mayor’s Office
    B. Special Event Fee Waiver – Americorps Senior Volunteers Recognition
       Event City Clerk
    C. Community EnCompass Development Agreement Amendment
       Economic Development
□      ANY OTHER BUSINESS:
□      PUBLIC COMMENT:
►      Reminder: Individuals who would like to address the City Commission shall do the following:
►      Fill out a request to speak form attached to the agenda or located in the back of the room.
►      Submit the form to the City Clerk.
►      Be recognized by the Chair.
►      Step forward to the microphone.
►      State name and address.
►      Limit of 3 minutes to address the Commission.
►      (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)

□      CLOSED SESSION:
□      ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
*Added at meeting




                                                       Page 2 of 2
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: April 27, 2021               Title: Home Rehab Good News

Submitted By: LeighAnn Mikesell                       Department: Development Services/CNS

Brief Summary: Staff is sharing good news of another completed home rehab by Community and
Neighborhood Services.

Detailed Summary: The home was acquired through tax foreclosure, we invested approximately
$135,000, and the home appraised at $125,000. An offer was received the same day the house
was listed, and staff is working through the closing process. See attached photos.




Amount Requested: $0                                 Amount Budgeted: N/A

Fund(s) or Account(s): N/A                           Fund(s) or Account(s): N/A

Recommended Motion: Information Only




Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
Before Rehab Work
Completed Exterior
Living Room
Kitchen
First Floor Plan
Second Floor Plan
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: April 27, 2021              Title: Approval of Minutes

Submitted By: Ann Marie Meisch, MMC                  Department: City Clerk

Brief Summary: To approve the minutes of the April 12, 2021 Worksession meeting and the April
13, 2021 Regular City Commission meeting.




Detailed Summary: N/A




Amount Requested: N/A                             Amount Budgeted: N/A

Fund(s) or Account(s): N/A                        Fund(s) or Account(s): N/A

Recommended Motion: To approve the minutes.




For City Clerk Use Only:


Commission Action:
                                  CITY OF MUSKEGON
                            CITY COMMISSION WORKSESSION
                                  Monday, April 12, 2021
                                        5:30 pm
                               City Commission Chambers

                                          MINUTES
2021-32

Present: Mayor Gawron, Vice Mayor Hood, Commissioners Rinsema-Sybenga, Emory,
Johnson, Ramsey, and German.
Absent: None.

Adding a Second Worksession
Commissioner Ramsey requested the City Commission consider adding a second Worksession
meeting to shorten the length of the meetings.

A majority of Commissioners indicated they were not interested in a second meeting but
suggested a way to shorten the meetings. The City Clerk was instructed to send out information
received from another municipality on the rules placed on their meetings to shorten discussion.

This item will be placed on the next Worksession meeting for discussion.

Deputy City Manager Position
The City Manager presented a job description to create a position for a Deputy City Manager. A
lengthy discussion took place on the title of Assistant City Manager vs Deputy City Manager. A
majority of the Commissioners felt comfortable with Deputy City Manager title and authorized
the City Manager to take the job description to Civil Service.

Carlisle’s Arena Lease Discussion

Placer.ai Software Subscription
The Economic Development Department has been researching various data analysis platforms
to help us answer some larger socio-economic questions regarding our population and
workforce. Placer.ai would allow the department to use anonymized GPS data from cell phones
to determine critical information to better understand our local economy.

This item has been discussed at several Commission Meetings and will be placed on the April
13, 2021 meeting for consideration by the Commission.

2021-33
Purchasing Policy
The Purchasing Work Group is seeking approval of a revised purchasing policy.
At the request of the Mayor, the Purchasing Policy Work Group has reviewed the existing policy,
talked with various departments throughout the city, and presents a revised policy. Changes of
note include:

The purchasing authority has been increased based on review of recent purchases.
The process for correcting a bid was modified to limit liability.
The local preference has been modified.
Goals have been included for disadvantaged contractors.
Provisions to select vendors based on qualifications have been further outlined.
The use of prevailing wages has been modified.
Staff approval of change orders has been changed based on contingency included in the
budget.
Provisions for handling violations of the policy have been added.

Motion by Commissioner Johnson, Supported by Commissioner Emory to remove the
discussion of the Purchasing Policy to the next Legislative Meeting in June.

                                                                   ROLL CALL VOTE:

Ayes: Emory and Johnson.
Nays: Gawron, Hood, Ramsey, German, and Rinsema-Sybenga.

                                                                   MOTION FAILS

Discussion took place regarding budgeted and unbudgeted items. Commissioner Johnson
indicated he did not feel comfortable allowing staff to purchase unbudgeted items under
$25,000 without prior consent of the Commission.

The Finance Director indicated these items are brought to the Commission through the
reforecast.

The majority of the Commission indicated they were fine with the language for purchases under
$25,000 as presented in the proposed policy.

Questions came up about who approves emergency purchases and the elimination of the
prevailing wages.

Staff will follow up on several questions and will forward answers to the City Commission for
consideration at the April 13, 2021 Commission meeting.

Solar Tax Abatement
The City will be working with Chart House Energy on installing solar panels on the roof of the
arena. The company is seeking a 100% tax abatement on the personal property through Public
Act 328 of 1998.
Jon Ledsworth, Chart House Energy, indicated he has sought a tax abatement from the City of
Norton Shores.

This item will be on the April 13, 2021 agenda for consideration by the Commission.

Muskegon Social Equity Program
The City will be receiving $112,000 in excise tax funds this year from the State for allowing
marihuana facilities. The City has also received $1,200 in donations from local marihuana
companies. Staff has prepared a document outlining proposed grants/loans for the program.

Social District
Commissioner Johnson has asked that the social district and Rebel Road be placed on the
worksession meeting for discussion. We learned that special liquor licenses may not be
obtained in a social district unless the social district is suspended. We have reached out to
Representative Terry Sabo who tried to have legislation changed but is unable to do so.

Staff met with Rebel Road and gave them other options to have a beer tent. Rebel Road has
also reached out to Representative Terry Sabo. The City has offered the use of the arena at no
cost. Staff offered the back half of Fourth Street for a beer tent and Hackley park for a concert
and beer tent that is just adjacent to Fourth Street and right off of Western. Staff also offered
Sixth Street as another option for a beer tent or possibly the parking lot of Lakeshore Museum if
the museum is in agreement.

As another alternative, we offered to charge more for the social district cups during the four-day
event and with the proceeds, the City is able to pay for the expenses of the event. Rebel Road
would still raise funds through their vendors and any activities they wanted to charge for as well
as donation containers.

We also hear from the CIO Hall who will also be unable to pull a special liquor license for their
establishment. They too have reached out to Representative Terry Sabo and understand this
law will not change this year.

Staff and law enforcement have actively been working with restaurants, bar owners, and
patrons teaching them the rules of a social district. Downtown is becoming busier as the
weather warms and the social district will become one of the most popular activities downtown.
Law enforcement has grave concerns of teaching patrons they may walk outside establishments
with a drink but stop patrons from walking outside during crowded special events. The City is
ultimately responsible for the social district and if it is found that patrons are leaving
establishments with a drink when not permitted, the Liquor Control Commission will end the
social district which will be a detriment to all of our bars and restaurants downtown. Staff highly
discourages suspending the social district for special events and continue to work with special
events to find alternative means as our downtown continuously changes and grows.
The general consensus from the Commissioners was the same. Commissioners encouraged
staff to continue to work with event organizers to find an alternate solution.

Terrace Street Reconfiguration
Staff has begun to work on our 2022 project for Terrace Street between Apple Avenue and
Lakeshore Drive. The project includes a proposal for a substantial reduction in the size of
Terrace Street along with a conversion from a boulevard to a 2-lane/2-way roadway.

A brief discussion took place regarding this upcoming project.

Harbor 31 Viridian Shores Housing Development Update/Neighborhood Enterprise Zone
Discussion
The development team at Harbor 31 has been working through several legacy environmental
issues at the development site as well as more stringent mitigation criteria from EGLE on
various aspects of the project scope. They have requested the opportunity to update the
commission alongside city staff that have been working on the project.

The developers have planned a multi-phase, multi-use buildout for the Harbor 31 site which
includes single family detached residential as well as owner-occupied townhomes. They have
done quite a bit of environmental and geotechnical field work on the site and are working with
EGLE to determine what level of mitigation will be required. It is evident based on findings that
more substantial and active vapor mitigation systems will likely be required for any residential
uses, and there will also potentially be required wetland replacement obligations that did not
exist in prior years. Due to these upward pressures on project costs which the developer will
elaborate on, they intend to request a Neighborhood Enterprise Zone for the owner-occupied
phases of the development, similar to the ones established for recent other housing
developments. There is a legal notice and hearing process to establish this district laid out in the
relevant statute, tonight’s discussion is solely to promote active communication between the
developer and the city by way of updating the commission.

425 Agreement Business Park North Removal/Acquisition of 902 Pine Street
The department has been working with Muskegon County for some time now as to their
requested disposition of the 425 Shared Jurisdiction Agreement at Business Park North. We
have come to terms that have been agreed upon by the County Commission and are for your
consideration.

Effectively, the City of Muskegon would remove the existing 425 agreement between the City,
County, and Dalton Township. This would forego claims to future income tax revenues sourced
from any jobs created at this site for the city, and so we determined that it was not in the best
interest of the community to simply agree to dispense of the agreement. We requested that the
County relinquish to us a roughly 1/3rd acre parcel at 902 Pine Street, which the county acquired
in 2013 for a parking lot they never built. This site was the former location of a longstanding
furniture store, then Pine Street Antiques which was demolished by Muskegon County when the
took possession of the lot. City staff feel this lot would make a quality candidate for further
workforce housing options in the community, and potentially some mixed use commercial as
well. The County would not trade the lot for free in exchange for removal of the 425, so agreed
to sell it for half of it’s appraised value, $24,000. The City countered by requesting that they
invest some or all of that revenue from the sale into the paving of another gravel lot located
across Pine Street from this lot which is currently used by the County Sheriff’s Department for
parking. The County Administrator agreed to these terms. This will increase the curb appeal and
value for resale and development of the lot we wish to trade.

There are two excavation companies that have conditional purchase agreements on much of
the site at Business Park North. Accurate Excavation and Ryerson Excavation have both
requested to purchase acreage there in order to build storage facilities for vehicles and
potentially to store excess materials and fill. As of now the County has informed us these are
the only development prospects they have for the sites. Staff has included the relevant
documents and records on the lot in your packet. Staff proposes to utilize the Economic
Development Fund (493) to acquire this lot, file the necessary Baseline Environmental
Assessments with EGLE, and them immediately outlay a Request for Proposals to see the lot
redeveloped. The expectation is that we would achieve market value for the lot, which should be
in the $50,000 range in the event it is selected for a potential LIHTC development.

This item will be on the April 13, 2021 agenda for consideration by the Commission.

State of Emergency for Meetings
The City Commission approved a resolution authorizing remote meetings through May 31st.
Muskegon County Commissioners adopted a resolution authorizing remote meetings through
December 31st. Our City Attorney has indicated that our Commission dictate how the City’s own
boards meet going forward.

The City has approximately 20 different boards and committees that continue to meet remotely.
Departments need a directive of what these meetings look like moving forward. There are
several options available. The City Commission could indicate all meetings are to be held
remotely through May 31st. The City Commission could start meeting in person beginning in
June with committees meeting in person or hybrid by September 1st. These are just some
examples of possible options.

Commission could review its options at its worksession and a resolution can be added to
Tuesday’s meeting adopting how boards meet going forward.

Public Comments       Public comments were received.


                                                   Respectfully Submitted,


                                                   Ann Marie Meisch, MMC – City Clerk
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
            APRIL 13, 2021 @ 5:30 P.M.
   MUSKEGON CITY COMMISSION CHAMBERS
  933 TERRACE STREET, MUSKEGON, MI 49440
              REMOTE MEETING


                                 MINUTES

The Regular Commission Meeting of the City of Muskegon was held
electronically with the Mayor, Vice Mayor, and Commissioners participating via
Zoom – a remote conferencing service, Clerk staff present at 933 Terrace Street,
Muskegon, MI at 5:30 p.m., Tuesday, April 13, 2021.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present:     Mayor Stephen J. Gawron (Muskegon, MI), Vice Mayor Eric Hood
(Muskegon, MI), Commissioners Ken Johnson (Muskegon, MI), Dan Rinsema-
Sybenga (Muskegon, MI), Willie German, Jr. (Muskegon, MI), Teresa Emory
(Muskegon, MI), and Michael Ramsey (Muskegon, MI), City Manager Frank
Peterson, City Attorney Will Meier, and City Clerk Ann Meisch.
PUBLIC COMMENT ON AN AGENDA ITEM:           No public comments were received.
2021-34     CONSENT AGENDA:
   A. Approval of Minutes      City Clerk
SUMMARY OF REQUEST: To approve the minutes of the March 23, 2021 Regular
Meeting and the April 1, 2021 Special Meeting.
STAFF RECOMMENDATION:          To approve the minutes.
   B. Fireworks Display Permit for Muskegon Country Club      City Clerk
SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc. is requesting approval of a
fireworks display permit for July 2, 2021 at the Muskegon Country Club, 2801
Lakeshore Drive. The fire Marshall will inspect the fireworks on the day of the
event.
STAFF RECOMMENDATION:           To approve the fireworks permit contingent on
inspection of the fireworks and approval of insurance.
   C. Muskegon Park Place Provisionary      City Clerk
SUMMARY OF REQUEST: Park Place Provisionary is proposing an event, Smoke

                                        Page 1 of 17
on the Water, at 1922 Park Street on July 24, 2021 from noon to 8 pm that will
include live music.
A detailed outline of the event is attached. This is an on-site cannabis
consumption event. This is the first time this neighborhood has had live music so
staff is asking for approval of the live bands as well as permission for the Clerk to
sign the required attestation for the State. Staff met with the organizers to discuss
logistics and is satisfied with the plan as outlined.
STAFF RECOMMENDATION:         To authorize the Clerk to sign the attestation and
approve live music at 1922 Park Street on July 24, 2021.
   D. Lakeshore Creative Services Agreement Extension            City Clerk
SUMMARY OF REQUEST: The agreement with Lakeshore Creative Services is set
to expire in April. Because meetings have been held virtually for over a year, we
have not been able to take full advantage of these services. Staff is
recommending that we extend the agreement for one year and continue with
Lakeshore Creative Services.
STAFF RECOMMENDATION:          Approve the extension of the agreement with
Lakeshore Creative Services for one year.
   E. 2021 User Fee Update      Finance
SUMMARY OF REQUEST: City Departments have reviewed and updated their
user fees and these have been incorporated into the Master Fee Resolution that
is attached for your consideration.
Key Updates:       (See highlighted items on the spreadsheet for all of the
                   changes)
   •   DPW Parks – Park Building Use (New Fees)
   •   DPW Parks – Highlighted Channel & Picnic fees have been lowered
   •   DPW Parks – Beach Parking Fees updated (previously approved by
       Commission)
   •   Farmers Market Corner Stall fees have been increased
   •   Special Events has added 5 new fees
   •   Ice Rescue Call increased to $60.00
   •   Western Market Fees added to the schedule for the first time
   •   City Code Compliance – Vacant Building Fees have been reduced
   •   Public Safety – Added a new fee for Short Term Rental Inspections
   •   Zoning has increased 8 fees
STAFF RECOMMENDATION:           Approval of the 2021 Master Fee Resolution.


                                          Page 2 of 17
   F. Social District Permit Recommendation          Economic Development
SUMMARY OF REQUEST: The City Commission must recommend approval of the
Michigan Liquor Control Commission permits of participating licensed
establishments in the Downtown Muskegon Social District.
With the establishment of the Downtown Muskegon Social District, participating
licensed establishments must receive a Social District permit from the Michigan
Liquor Control Commission. The MLCC must first receive a recommendation for
approval from the City Commission before granting the permits. The attached
resolution is for PKT Twelve, Inc. dba Smash Wine Bar & Bistro which is also
seeking a Social District permit from the state and seeking City Commission
recommended approval. The Social District plan identifies 22 potential
participating licensees within the district. Other licensed establishments may file
a Social District permit application in the future.
STAFF RECOMMENDATION:         To approve the resolution recommending
Michigan Liquor Control Commission approval of Social District permits in the
Downtown Muskegon Social District and to direct the City Clerk to certify the
City Commission action with the MLCC.
   G. Muskegon Public Schools Recreation Grant Agreement CNS
SUMMARY OF REQUEST: To approve the Muskegon Public Schools Recreation
Grant Agreement.
The Muskegon Public Schools Youth Grant provides core values and life skills to
boys and girls through youth basketball leagues. The program runs 3-4 days a
week with Saturday game days and open gym for families on Sunday
afternoons.
AMOUNT REQUESTED:         $20,000      AMOUNT BUDGETED:          $20,000
STAFF RECOMMENDATION:       Approve the Muskegon Public Schools Youth
Recreation Grant Agreement.
   H. Municipal Senior Millage Funding       CNS
SUMMARY OF REQUEST: To approve the allocation of Municipal Senior Millage
Funding for the City of Muskegon programs.
The Power of Produce for senior citizens on Tuesdays at the Farmer’s Market on
behalf of the Clerk’s office. $15,000
Department of Public Works to cover ½ of costs for senior citizens for water line
replacements up to the cost. $30,000
Muskegon County Senior Millage Home Repair for city residents who may not
qualify for other programs. $44,640
Muskegon Senior Housing Assistance is designed to offer rental deposits to four
senior high-rise apartment locations: Bayview Towers, Berkshire, Hartford Terrace

                                          Page 3 of 17
and Jefferson Towers. $5,000
AMOUNT REQUESTED:         $94,640     AMOUNT BUDGETED:          $94,640
STAFF RECOMMENDATION:           To authorize the allocation of the Municipal
Senior Millage Funds to four City programs: Department of Public Works,
Muskegon County Senior Millage Home Repair, Muskegon Senior Housing
Assistance and The Power of Produce.
   I. Sale of 602 Ada Avenue          CNS
SUMMARY OF REQUEST: To approve the sale of 602 Ada Avenue to Raysean
Holman.
Community and Neighborhood Services has completed an affordable housing
rehabilitation at 602 Ada Avenue and accepted an offer at the listed sales price
of $125,000 from a qualified buyer – Raysean M. Holman.
STAFF RECOMMENDATION:          To approve the sale of 602 Ada Avenue to
Raysean M. Holman.
   J. Sale – 240 Monroe Avenue        City Manager
SUMMARY OF REQUEST: City Staff is seeking authorization to sell the city-owned
home at 240 Monroe to Daniel and Angela VanderKooi.
The city constructed this townhouse as part of the phase two of our infill housing
program. Our contract to construct the home was $164,470. We also
anticipated $11,512 in sales commissions. The accepted purchase price is
$182,500, and the incurred sales commissions are $12,775. The City will contribute
$2,500 toward closing costs.
STAFF RECOMMENDATION:       Authorize the City Manager to complete the sale
of 240 Monroe Avenue, as described in the purchase agreement.
   K. Sale – 250 Monroe Avenue        City Manager
SUMMARY OF REQUEST: City Staff is seeking authorization to sell the city-owned
home at 250 Monroe to Jeanne Smith.
The city constructed this townhouse as part of phase two of our infill housing
program. Our contract to construct the home was $164,470. We also
anticipated $11,512 in sales commissions. The accepted purchase price is
$179,900, and the incurred sales commissions are $12,593. The City will not
contribute funds toward closing costs.
STAFF RECOMMENDATION:       Authorize the City Manager to complete the sale
of 250 Monroe Avenue, as described in the purchase agreement.
   M. 2021 Goal Adoption       Development Services
SUMMARY OF REQUEST: Staff is seeking adoption of additional action items to
the original goals set in 2016.

                                         Page 4 of 17
Staff and commissioners worked together over a 7-month time period to
develop focus areas, gather input from stakeholder groups, and create
additional action items to be added to the goals established in 2016. In August
2020, staff and commissioners started the goal development process by
determining focus areas and identifying stakeholder groups within those focus
areas. The next several months were spent gathering information from staff,
stakeholder groups, and the general public. At the January 2021 meeting, staff
and commissioners used the information gathered to develop priorities and
define a vision of success. Action items for each of the focus areas were
developed and shared at the March 2021 legislative Policy Committee meeting,
and the final draft is submitted for adoption.
In 2016, the four goals set were Housing, Image, Quality of Life, and Revitalizing
Revenues. Since Housing impacts all three of the other goals, it was included as
a focus area along with Social Equity, and Youth/Education. Action items for
each focus area and goal are outlined in the attachment.
STAFF RECOMMENDATION:            To adopt the 2021 action items.
   N. Placer.ai Software Subscription         Economic Development
SUMMARY OF REQUEST: The Economic Development Department has been
researching various data analysis platforms to help us answer some larger
socioeconomic questions regarding our population and workforce. Placer.ai
would allow the department to use anonymized GPS data from cell phones to
determine critical information to better understand our local economy.
The software proposed will allow our department to conduct research related to
economic development such as commuter trends, retail activity tracking,
shopper demographics, and commercial/industrial attraction projects. It will also
allow us to assist the city with other research, such as attendance information at
city festivals, the Muskegon Farmers Market, and to track location data for our
tourism industry. Another major benefit of this software will be oriented around
equity. For instance, we will be able to source who is shopping where, and
illustrate retail trends in all of our commercial corridors. This will allow us to see
who is benefitting economically in the city from various businesses, and where
we need to improve our programming and efforts. All of this data is anonymized,
and as a part of the subscription agreement we receive unlimited technical
support from Placer.ai staff. We have included some sample reports and
presentations that illustrate the benefits of this program in your packet. This
would be an unbudgeted expenditure that would be reflected in a reforecast
or budget amendment.
AMOUNT REQUESTED:         $16,000       AMOUNT BUDGETED:          0
FUND OR ACCOUNT:        Planning and Economic Development: Contracted
Services (101-80400-5346)


                                           Page 5 of 17
STAFF RECOMMENDATION:            A motion to approve the subscription agreement
with Placer.ai for the term of one year as presented.
   P. Liquid Sodium Hypochlorite     Public Works – Filtration
SUMMARY OF REQUEST: Staff is requesting authorization to purchase liquid
sodium hypochlorite from Alexander Chemical.
The Water Filtration Plan uses sodium hypochlorite in the production of drinking
water. The application of sodium hypochlorite is one of several crucial processes
used to inactivate or remove pathogens from the water. Since 1996, the Water
Filtration Plant has solicited competitive bids for water treatment chemicals
jointly with the cities of Grand Haven, Grand Rapids, Holland, Muskegon Heights,
and Wyoming.
Bids were solicited for a one-year contract with the option to renew for two
additional one-year terms. Alexander Chemical’s bid has no price increases for
the duration of the contract and is overall the cheapest bidder for the three
years. Alexander Chemical has supplied the cooperative with liquid sodium
hypochlorite for many of the past several years. Both their product and their
service have been excellent, and staff recommends we continue with them as
our supplier.
                         Year 1 ($/ton)      Year 2 ($/ton)      Year 3 ($/ton)
Alexander Chemical       156.67              156.67              156.67
JCI Jones Chemicals      151.89              159.44              167.40
Olin Chlor Alkali        158.69              158.69              At renewal
     Products & Vinyls
The Water Filtration Plant has used an average of 456 tons of liquid sodium
hypochlorite the previous two fiscal years. Under the new contract this amount
would cost $71,441.52 annually. Liquid sodium hypochlorite is included in the
budget, but the actual amount spent will depend on water demand and
source water quality.
AMOUNT REQUESTED: $71,441.52 (estimate) AMOUNT BUDGETED: $72,864.00
FUND OR ACCOUNT:         591-60558-5219
STAFF RECOMMENDATION:        Authorize staff to participate in the treatment
plant purchase cooperative and purchase liquid sodium hypochlorite from
Alexander Chemical.
   Q. Sodium Hypochlorite Feed System        Public Works – Filtration
SUMMARY OF REQUEST: Staff is requesting authorization to contract with
Pressures & Pipes for complete replacement of the Water Filtration Plant’s
sodium hypochlorite plumbing.


                                          Page 6 of 17
The Water Filtration Plant uses sodium hypochlorite in the production of drinking
water. The application of sodium hypochlorite is one of several crucial processes
used to inactivate or remove pathogens from the water.
The current sodium hypochlorite feed system was installed in 1997. Staff has
spent many hours over the last few years keeping this system running by
repairing leaks, replacing fittings, and clearing blockages. Most of the previous
repairs performed by staff were on redundant sections that were easily isolated
and repaired without affecting water production. Recently, leaks have
developed at an increasing rate. Problems have begun to develop in pipelines
that cannot be easily isolated and fixed. This feed system must be repaired for
continued water supply reliability.
The scope of the project includes replacing all existing PVC pipelines and fittings
used at the Water Filtration Plant for the application of sodium hypochlorite.
Pipes will be replaced throughout six buildings. This includes all plumbing to the
storage tanks, within the sodium hypochlorite room, and to five application
points throughout the plant.
Proposals were solicited from four qualified mechanical contractors with
experience in chemical pipelines. The proposal requires the selected contractor
to purchase, install, and test all materials. Alternate Bid #001 will not be
authorized for this project. Four proposals were received. Staff recommends this
project be awarded to the lowest bidder, Pressures & Pipes.
Pressures & Pipes        $134,500.00
Northern Boiler          $149,750.00
Hurst Mechanical         $186,306.00
Franklin Holwerda Co.    $349,000.00
This project was budgeted as part of the planned WMRWA-eligible capital
improvements at the Water Filtration Plant.
AMOUNT REQUESTED:        $134,500      AMOUNT BUDGETED:         $500,000
FUND OR ACCOUNT:         591-92034-5346
STAFF RECOMMENDATION:         Authorize staff to contract with Pressures & Pipes
to perform the replacement of the sodium hypochlorite chemical lines at the
Water Filtration Plant.
   R. Highway Aggregates, Materials, and Concrete        Public Works
SUMMARY OF REQUEST: Award supply of aggregates, highway maintenance
materials and concrete for 2021 to selected bidders.
Bids were solicited for aggregates, highway maintenance materials and
concrete for purchase in 2021. Purchases will be made from recommended
bidders listed in yellow on attached spreadsheets. Purchases are contingent

                                          Page 7 of 17
upon product availability, timely deliveries, and prices as quoted.
AMOUNT REQUESTED:         Varies by fund
FUND OR ACCOUNT: 101, 202, 203, 590, and 591
STAFF RECOMMENDATION:       Award bids for aggregates, highway
maintenance materials and concrete purchases for 2021 as presented.
   T. Prein & Newhof Amendment           Public Works
SUMMARY OF REQUEST: Staff is requesting approval to finalize and approve
amendments to the Engineering Services Agreements with Prein & Newhof
related to the work completed on three (3) separate water and sewer
construction projects in 2020.
Prein & Newhof is requesting an amendment to the Engineering Services
Agreements from 2018 that covered the water/sewer projects completed
during 2020. There were a couple of minor design revisions requested by Staff,
however the bulk of the request is related to changes in the construction
engineering and administration portion of their work.
The original estimate of the time, equipment, and cost required to provide
construction oversight to the projects was completed at the time of the original
proposal in October of 2018. Due to various factors beyond the control of Prein
& Newhof the final cost to provide construction oversight for these projects in
2020 exceeded the original estimates completed in 2018.
The requested change falls within the 6% budgeted contingency for these
projects and as such does not require any revision to the already approved
budgetary amounts for the projects. All three projects are completed except for
final payments and were done so on time and on budget.
As a heads up a similar request to amend the Engineering Service Agreements
will likely be needed for the other two water/sewer projects (9th Street &
Spring/Yuba) that were started last year. 9th Street work is completed pending
final payment and was also completed on time and on budget. Spring Street
work will be wrapping up in the next 2 months and is also tracking to complete
on budget, though slightly later than originally anticipated.
Staff recommends approval of the amendment request as presented.
AMOUNT REQUESTED:         $100,500.00          AMOUNT BUDGETED:         $504,051.86
(Combined Request from all 3 projects)     (Combined Contingency from all 3 projects)
FUND OR ACCOUNT:                               FUND OR ACCOUNT:
590/591-91854 ($66,500)                        590/591-91854 ($349,653.33)
590/591-91855 ($16,100)                        590/591-91855 ($74,276.22)
590/591-91856 ($17,900)                        590/591-91856 ($80,122.31)

                                            Page 8 of 17
STAFF RECOMMENDATION:          Authorize staff to finalize and approve
Amendments to the Engineering Services Agreements with Prein & Newhof for
the three (3) water/sewer projects outlined in the attached letter.
   U. Pere Marquette Swing Bench       Commission
SUMMARY OF REQUEST: Mayor Gawron is requesting Commission support to
allocate Park Funds towards the purchase and installation of a Swing Bench and
Plaque at Pere Marquette Park.
In following up with Landon on the swing set request for Pere Marquette Park,
staff has determined the only available option for installation of a swing set is to
install a swing set and an accessible safety surface. The cost for this work is
estimated $40K. As an immediate alternative, and while other options are
explored, I am suggesting that we authorize the purchase and installation of a
swing bench along with a plaque to be installed in one of the new bench pads
along Pere Marquette Park.
AMOUNT REQUESTED:         $2,127.69            AMOUNT BUDGETED:         0
FUND OR ACCOUNT:          101-70751-5346
STAFF RECOMMENDATION:       Authorize staff to purchase and install a Swing
Bench and Plaque at Pere Marquette Park in honor of Landon de la Rosa.
   V. Park Safety Surfacing     Public Works
SUMMARY OF REQUEST: Staff is seeking authorization to approve the purchase
of engineered wood fiber for playground safety surfacing at eight of our parks.
Many of our city parks currently utilize engineered wood fiber (EWF) to meet
safety surfacing requirements. The U.S. Consumer Product Safety Commission’s
standards set minimum depth requirements for EWF based on the height of the
structures in the park. City records indicate that our parks have not been
resupplied with EWF since the fall of 2017 and a recent walk through conducted
by city staff identified the need to refill the safety surfacing in many of our parks
as some areas are nearly five inches below minimum requirements.
In an effort to replenish our EWF surfacing and comply with safety standards, the
city is requesting permission to refill our playground safety surfacing for the
following parks; Marsh, Smith/Ryerson, Joe Clifford, Beachwood, Kruse, St.
Joseph, Reese, and Seyferth.
Staff proposes to engage with Superior Groundcover to refill the
aforementioned park safety surfacing areas to meet industry standards. Superior
Groundcover has supplied the city with EWF for years and is the preferred
vendor for this product. The cost for this is $18,917.50
AMOUNT REQUESTED: $18,917.50           AMOUNT BUDGETED:          $20,000.00
FUND OR ACCOUNT:          101-70751-5215

                                           Page 9 of 17
STAFF RECOMMENDATION:         Authorize staff to approve the quote from
Superior Groundcover to provide EWF for our park playgrounds in the amount of
$18,917.50.
   W. Traffic Control Order     Traffic/Engineering
SUMMARY OF REQUEST: Approval of Traffic Control Order #66 for removal of
existing Traffic Signals and installation of “Stop” signs on Wickham Drive at
Sherman Boulevard.
To approve the submitted Traffic Control Order, #66-(2021) and authorize staff to
remove the existing Traffic Signals at Wickham Drive at Sherman Boulevard and
install “Stop” signs on the Northwest/Northeast and Southwest/Southeast corners
of Wickham Drive.
This topic was previously discussed at the September 2019 Work Session meeting
with support given towards removal of several unwarranted traffic signals
throughout the city limits.
STAFF RECOMMENDATION:           To approve removal/installation of various Traffic
Control Devices as outlined in the submitted Traffic Control Order #66-(2021)
Motion by Commissioner Johnson, second by Commissioner Emory, to approve
the consent agenda as presented, minus item L, O, S, and X.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
           and Ramsey
            Nays: None
MOTION PASSES
2021-35     REMOVED FROM CONSENT:
   L. Lot Sales Hudson/Dowd Planning
SUMMARY OF REQUEST: Request to sell the properties at 2172 Dowd Street, 2182
Dowd Street, 2169 Hudson Street, and 2171 Hudson Street to Urban Ventures of
West Michigan, LLC for the construction of eight (8) duplexes.
The City-owned lot sale policy states that the buyer is to pay 75% of the true
cash value of the lots ($22,950), but that it will be reimbursed upon issuance of
certificate of occupancy for all eight units.
The policy also states that since they are building more than 3 units within 18
months, 100% of the water/sewer hook-up fees may be waived.
The water/sewer lines in this area need to be extended 230 ft to provide service
to these lots. Staff estimates these costs to be around $10,000. Staff recommends
charging the buyer half of this expense.
STAFF RECOMMENDATION:        To approve the request to sell the properties at
2172 Dowd Street, 2182 Dowd Street, 2169 Hudson Street, and 2171 Hudson

                                          Page 10 of 17
Street to Urban Ventures of West Michigan, LLC.
1st Motion: Motion by Commissioner Johnson, second by Commissioner
Rinsema-Sybenga, to approve the request to sell the properties at 2172 Dowd
Street, 2182 Dowd Street, 2169 Hudson Street, and 2171 Hudson Street to Urban
Ventures of West Michigan, LLC
2nd Motion: Motion by Commissioner Johnson, second by Commissioner
Ramsey, to adjust the purchase agreement to not waive water/sewer
connection fees and to reimburse the builder for certain costs.
3rd Motion: Motion by Commissioner Rinsema-Sybenga, second by
Commissioner Emory, to table this item until the April 27, 2021 regular meeting.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
           Sybenga, and Emory
             Nays: None
MOTION PASSES
   O. Purchasing Policy Development Services
SUMMARY OF REQUEST: The Purchasing Policy Work Group is seeking approval
of a revised purchasing policy.
At the request of the Mayor, the Purchasing Policy Work Group has reviewed the
existing policy, talked with various departments throughout the city, and
presents a revised policy. Changes of note include:
The purchasing authority has been increased based on review of recent
purchases.
The process for correcting a bid was modified to limit liability.
The local preference has been modified.
Goals have been included for disadvantaged contractors.
Provisions to select vendors based on qualifications have been further outlined.
The use of prevailing wages has been modified.
Staff approval of change orders has been changed based on contingency
included in the budget.
Provisions for handling violations of the policy have been added.
STAFF RECOMMENDATION:            To approve the revised Purchasing Policy.
Motion by Commissioner Johnson, second by Commissioner Ramsey, to
approve the revised Purchasing Policy
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
           and Johnson


                                           Page 11 of 17
            Nays: None
MOTION PASSES
   S. G & L Chili Dogs Concession Agreement – Various City Parks     Public
      Works
SUMMARY OF REQUEST: Staff is requesting permission to enter into a 1-year
Contractual Concession Agreement with William Silvey of G & L Chili Dogs at
various city parks for the 2021 season.
The Department of Public Works is requesting permission to enter into a 1-year
Contractual Concession Agreement, for 2021, with William Silvey of G & L Chili
Dogs, for a Concession at various City Parks, as outlined in their proposal. The
business will be operating a mobile food truck, per their proposal. Commission is
$1,000.00 and 5% of gross receipts annually.
STAFF RECOMMENDATION:      Authorize staff to enter into a 1-year Contractual
Concession Agreement with William Silvey of G & L Chili Dogs at various city
parks for the 2021 season.
Motion by Commissioner Johnson, second by Commissioner Emory, to authorize
staff to enter into a 1-year Contractual Concession Agreement with William
Silvey of G & L Chili Dogs, at various City Parks for the 2021 season.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
           and Gawron
            Nays: None
MOTION PASSES
   X. 425 Agreement Business Park North Removal/Acquisition of 902 Pine Street
      Economic Development
SUMMARY OF REQUEST: The department has been working with Muskegon
County for some time now as to their requested disposition of the 425 Shared
Jurisdiction Agreement at Business Park North. We have come to terms that
have been agreed upon by the County Commission and are for your
consideration.
Effectively, the City of Muskegon would remove the existing 425 Agreement
between the City, County, and Dalton Township. This would forego claims to
future income tax revenues sourced from any jobs created at this site for the
city, and so we determined that it was not in the best interest of the community
to simply agree to dispense of the agreement. We requested that the County
relinquish to us a roughly 1/3rd acre parcel at 902 Pine, which the county
acquired in 2013 for a parking lot they never built. This site was the former
location of a longstanding furniture store, then Pine Street Antiques which was
demolished by Muskegon County when they took possession of the lot. City staff
feel this lot would make a quality candidate for further workforce housing

                                         Page 12 of 17
options in the community, and potentially some mixed use commercial as well.
The County would not trade the lot for free in exchange for removal of the 425,
so agreed to sell it for half of its appraised value, $24,000. The City countered by
requesting that they invest some or all of that revenue from the sale into the
paving of another gravel lot located across Pine Street from this lot which is
currently used by the County Sheriff’s Department for parking. The County
Administrator agreed to these terms. This will increase the curb appeal and
value for resale and development of the lot we wish to trade.
There are two excavation companies that have conditional purchase
agreements on much of the site at Business Park North. Accurate Excavation
and Ryerson Excavation have both requested to purchase acreage there in
order to build storage facilities for vehicles and potentially to store excess
materials and fill. As of now the County has informed us these are the only
development prospects they have for the sites. Staff has included the relevant
documents and records on the lot in your packet. Staff proposes to utilize the
Economic Development Fund (493) to acquire this lot, file the necessary Baseline
Environmental Assessments with EGLE, and the immediately outlay a Request for
Proposals to see the lot redeveloped. The expectation is that we would achieve
market value for the lot, which should be in the $50,000 range in the event it is
selected for a potential LIHTC development.
AMOUNT REQUESTED:         $24,000      AMOUNT BUDGETED: N/A (Capital Fund)
FUND OR ACCOUNT:          Economic Development Fund 493 (Current Balance
$687,000)
STAFF RECOMMENDATION:          To direct staff and legal counsel to prepare
necessary documents to remove the City of Muskegon from the 425 Shared
Jurisdiction Agreement at Business Park North, and to approve the purchase of
902 Pine Street as presented.
1st Motion: Motion by Commissioner Johnson, second by Commissioner
Rinsema-Sybenga, to direct staff and legal counsel to prepare necessary
documents to remove the City of Muskegon from the 425 Shared Jurisdiction
Agreement at Business Park North, and to approve the purchase of 902 Pine
Street as presented.
2nd Motion (amendment):       Motion by Commissioner Johnson, second by
Commissioner Emory, to make an inter-fund loan from our General Fund to our
Economic Development Revolving Loan Fund for $24,000 for the purchase of 902
Pine Street to be paid back upon the resale of the property.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
           and Ramsey
             Nays: None
MOTION PASSES

                                          Page 13 of 17
Vote on 1st Motion:
ROLL VOTE:        Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
                  Gawron, and Hood
                  Nays: None
MOTION PASSES
2021-36           UNFINISHED BUSINESS:
   A. Motion to Reconsider Amendment to Zoning Ordinance for 885 E. Apple
      Commissioner Emory
SUMMARY OF REQUEST: Commissioner Emory is requesting possible
reconsideration of the motion to amend the zoning ordinance for 885 E. Apple.
At the March 23, 2021 meeting there was a “Motion by Commissioner Johnson,
second by Commissioner Ramsey, to approve the request to amend Section
2331 of the zoning ordinance to expand the marihuana facilities overlay district
to allow for retail and provisioning license types at 885 E. Apple.
The vote on March 23, 2021 was as follows:
      ROLL VOTE: Ayes: Rinsema-Sybenga, Johnson, and Gawron
                  Nays: Ramsey, German, Emory, and Hood
      MOTION FAILS
1st Motion: Motion by Commissioner Emory, second by Commissioner Ramsey, to
reconsider an amendment to the zoning ordinance for 885 E. Apple Avenue.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, and
           Ramsey
             Nays: German
MOTION PASSES
2nd Motion: Motion by Commissioner Emory, second by Commissioner Johnson,
to approve the request to amend section 2331 of the zoning ordinance to
expand the marihuana facilities overlay district to allow for retail and
provisioning license types at 885 E. Apple Avenue.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
           Rinsema-Sybenga
             Nays: None
MOTION PASSES
   B. *Rezoning Request – Dowd/Hudson – 2nd Reading
SUMMARY OF REQUEST: Request to rezone 2172 Dowd Street, 2184 Dowd Street,
2169 Hudson Street, and 2171 Hudson Street from R-1, Low Density Single Family

                                         Page 14 of 17
Residential to Form Based Code, Urban Residential by Stephen Benedict.
The Planning Commission made a recommendation to this request at their
special meeting on Thursday, March 18, 2021.
STAFF RECOMMENDATION:          To approve the request to rezone 2172 Dowd
Street, 2184 Dowd Street, 2169 Hudson Street, and 2171 Hudson Street from R-1,
Low Density Single Family Residential to Form Based Code.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to approve the request to rezone 2172 Dowd Street, 2184 Dowd Street, 2169
Hudson Street, and 2171 Hudson Street from R-1, Low Density Single Family
Residential to Form Based Code.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, and Rinsema-
           Sybenga
            Nays: Emory
MOTION PASSES
2021-37           NEW BUSINESS:
   A. Special Event Fee Waiver – Cheers Community Crawl       City Clerk
SUMMARY OF REQUEST: Every Woman’s Place is seeking a Special Event Fee
Waiver for their fundraising event on April 24, 2021.
Every Woman’s Place holds an annual fundraiser that has been impacted by
COVID. Their event has moved to the Olthoff Stage and is asking to utilize Third
Street between Western and Clay. They are asking their City fees be waived for
2021. Based on the needs of their event, we do not forsee any further costs for
their event. At this time, they have paid a $250 application fee.
STAFF RECOMMENDATION:        To approve, approve in part, or deny the request
from Every Woman’s Place to waive the $250 in special event fees for the
Cheers Community Crawl event in 2021.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
approve the request from Every Woman’s Place to waive the $250 in special
event fees for the Cheers Community Crawl event in 2021.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
           and Johnson
            Nays: None
MOTION PASSES
   B. Special Event Fee Waiver – Footlights Fun Camp City Clerk
SUMMARY OF REQUEST: Muskegon Civic Theatre is seeking a Special Event Fee
Waiver for their theatre arts camps on July 19-23, July 26-30, and August 9-13,
2021.

                                        Page 15 of 17
Muskegon Civic Theatre is looking to hold their theatre arts camp outdoors this
year due to COVID. This camp is a large revenue source for them and had to
cancel in 2020. They are asking their City fees be waived for 2021. Based on the
needs of their event, the estimated cost of their event is $2,980 ($750 Hackley
Park stage use for 15 days, $30 for two trash cans for three weeks, $300 for ten
picnic tables for three weeks, up to $1,800 in DPW personnel labor costs for
moving ten picnic tables six times and $100 application fee.)
STAFF RECOMMENDATION:        To approve, approve in part, or deny the request
from Muskegon Civic Theatre to waive up to $2980 in special event fees for the
Footlights Fun Camp in 2021.
Motion by Vice Mayor Hood, second by Commissioner Rinsema-Sybenga, to
approve the request from Muskegon Civic Theatre to waive up to $2,980 in
special event fees for the Footlights Fun Camp in 2021
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
           and Gawron
            Nays: None
MOTION PASSES
   C. Special Event Fee Waiver – Senior Community Day          City Clerk
SUMMARY OF REQUEST: Senior Market Group of Muskegon is seeking a Special
Event Fee Waiver for their free Senior Community Day on either August 5th or 6th,
2021.
The Senior Market Group of Muskegon holds a free community day for seniors
every year. In recent years they have held their event at a local high school but
due to COVID, they want to hold the event outdoors. They are asking their City
fees be waived for 2021. Based on the needs of the event, the estimated cost of
their event is $800 ($500 Hackley Park user fee, $100 for 20 trash cans, $100 for
two cases of trash bags, and $100 application fee.)
STAFF RECOMMENDATION:        To approve, approve in part, or deny the request
from Senior Marketing Group of Muskegon to waive $800 in special event fees
for the Senior Community event in 2021.
Motion by Commissioner Ramsey, second by Commissioner Rinsema-Sybenga,
to approve the request from the Senior Marketing Group of Muskegon to waive
up to $800 in special event fees for the Senior Community event in 2021 and to
approve the request from the American Cancer Society to waive up to $150 in
special event fees for the Relay for Life Luminaria Event.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
           Gawron, and Hood
            Nays: None


                                         Page 16 of 17
MOTION PASSES
   D. Special Event Fee Waiver – Relay for Life     City Clerk
SUMMARY OF REQUEST: The American Cancer Society is seeking a Special
Event Fee Waiver for their Relay for Life Luminaria Memorial Event on June 5th,
2021.
The American Cancer Society holds a luminaria event as a memorial to those
who have lost their battle to cancer. Their revenue has been significantly
decreased during the pandemic and reducing their costs would help with their
mission. They are asking their City fees be waived for their 2021 event. Based on
the needs of their event, the estimated cost of their event is $150 ($50 Hackley
park Stage user fee and $100 application fee.
STAFF RECOMMENDATION:           Approve, approve in part, or deny the request
from the American Cancer Society to waive up to $150 in special event fees for
the Relay for Life Luminaria Event. (approval handled with previous item)
ANY OTHER BUSINESS:       City Manager, Frank Peterson, is seeking City
Commission support in providing 250 beach parking passes to the City of
Muskegon Heights and allowing our Community and Neighborhood Services
Director, Oneata Bailey, to work with her counterpart in the City of Muskegon
Heights to get those beach passes to low-moderate income families. The
Commission is supportive of this idea and program. Commissioner Johnson
would like to see this program available to all CDBG communities in Muskegon
County.
Commissioner Johnson would like an update on the parking expansion at Pere
Marquette Park and the new pathway. He asked where we are in the
application process of special project permitting from MDEGLE. The City
Manager advised that we will be working with Prism on this process.
Commissioner Johnson asks that a public hearing be held as part of the
planning commission as part of the project or plan review.
PUBLIC COMMENT:          Public comments were received
ADJOURNMENT: The meeting adjourned at 8:20 p.m.


                                            Respectfully Submitted,




                                            Ann Marie Meisch, MMC – City Clerk



                                         Page 17 of 17
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: 4/27/2021                    Title: Fireworks Display Permit for City of
                                                      Muskegon

Submitted By: Ann Meisch                              Department: City Clerk

Brief Summary: Melrose Pyrotechnics, Inc. is requesting approval of a fireworks display permit for
July 3, 2021 in downtown Muskegon. The fire Marshall will inspect the fireworks on the day of the
event.




Detailed Summary:




Amount Requested: n/a                               Amount Budgeted: n/a

Fund(s) or Account(s):                              Fund(s) or Account(s):

Recommended Motion: To approve the fireworks permit contingent on inspection of the fireworks
and approval of insurance.




For City Clerk Use Only:


Commission Action:
Muskegon, MI                                              Melrose Pyrotechnics Inc.
340 Morris Ave, Muskegon MI 49440                         03/29/2021 Michael Falk


Spectators
on water                                             Spectators



Road, railroad & trail
shut down during show.                                                 Spectators
                                       100’        350’



                                                             No public within 100 feet
              Spectators                                     during setup.

                                                             No spectators inside RED
                                                             safety circle during the show.

                                     Spectators


Launch Location            Setup area: 50’ X 50’          Radius from setup area: 350’
                                            APPLICATION FOR FIREWORKS DISPLAY PERMIT
                                         Michigan Department of Energy, Labor, & Economic Growth
                                                         Bureau of Fire Services
                                                                                                                                                              2021
                                                             P.O. Box 30700
                                                           Lansing, MI 48909
                                                             (517) 241-8847

Authority:  1988 PA 358                         The Department of Energy, Labor & Economic Growth will not discriminate against any individual or group because or
Compliance: Voluntary                           race, sex, religion, age, national origin, color, material status, disability, or political beliefs. If you need assistance with
Penalty:    Permit will not be issued           reading, writing, hearing, etc., under the American with Disabilities Ace, you may make your needs known to this agency.


            PUBLIC DISPLAY                                   AGRICULTURAL PEST CONTROL                                                     Date of Application 4/13/2021

Name of Applicant                                        Address                                                                          Age (18 or over)
Melrose Pyrotechnics, Inc.                               PO Box 302, Kingsbury IN 46345

If a Corporation, Name of President                     Address
Michael Cartolano                                       PO Box 302, Kingsbury IN 46345

If a Non-resident Applicant: Name of MI                 Address                                                                          Phone No.
Attorney or Resident Agent                              4369 E Summit Woods Dr NE, Rockford MI 49341                                    (616) 427-0377
Michael Falk

Name of Pyrotechnic Operator                            Address                                                                          Age (18 or over)
Michael Falk                                            4369 E Summit Woods Dr NE, Rockford MI 49341                                     49

No. Years Experience / No. Displays                     Where
31 years / 400+ displays                                Michigan, Indiana, Illinois, Missouri, Texas, Florida

Name of Assistant:                                      Address                                                                          Age
Matthew Falk                                            4369 E Summit Woods Dr NE, Rockford MI 49341                                     47

Name of Other Assistant:                                Address                                                                          Age
Todd Driesenga                                          4369 E Summit Woods Dr NE, Rockford MI 49341                                     52

Exact Location of Proposed Display
340 Morris Ave, Muskegon MI 49440

Date of Proposed Display July 3, 2021                   Time of Proposed Display Approx 10:25 PM

No. Of Fireworks                            Kind of Fireworks to be Displayed

Approximately 3500                          Aerial display shells ranging in size from 1 ¼ inches to 5 inches in diameter.




Manner & Place of Storage Prior to Display (Subject to Approval of Local Fire Authorities)

No storage necessary, delivered on date of display



Amount of Bond of Insurance (to be set by local gov’t)                                  Name of Bonding Corporation or Insurance Company
$5,000,000.00                                                                           Britton-Gallagher & Associates
Address of Bonding Corporation or Insurance Company
One Cleveland Center, Floor 30; 1375 East 9th Street, Cleveland, Ohio 44114
Signature of Applicant



                                                                                                                      For Melrose Pyrotechnics, Inc.
                                                     FIREWORKS DISPLAY PERMIT
                                         Michigan Department of Energy, Labor, & Economic Growth
                                                         Bureau of Fire Services
                                                                                                                                                              2021
                                                             P.O. Box 30700
                                                           Lansing, MI 48909
                                                             (517) 241-8847

Authority:  1988 PA 358                         The Department of Energy, Labor & Economic Growth will not discriminate against any individual or group because or
Compliance: Voluntary                           race, sex, religion, age, national origin, color, material status, disability, or political beliefs. If you need assistance with
Penalty:    Permit will not be issued           reading, writing, hearing, etc., under the American with Disabilities Ace, you may make your needs known to this agency.




This permit is not transferable. It authorizes the resident wholesale dealer or jobber named below to have in his or her
possession fireworks of any type, for sale only to holders of permits for public display or agriculture control.

                            PUBLIC DISPLAY                                                  AGRICULTURAL PEST CONTROL

Issued To                                                                                                                          Age (18 or over)
Melrose Pyrotechnics, Inc.
Address
4369 E Summit Woods Dr NE, Rockford, MI 49341
Name of Organization, Group, Firm, or Corporation
City of Muskegon
Address
933 Terrace Street, Muskegon MI 49440
Number and Types of Fireworks
Approximately 3500 aerial display shells ranging in size from 1 ¼ inches to 5 inches in diameter.




Exact Location of Display
340 Morris Ave, Muskegon MI 49440
City, Village, Township                                                                          Date                                       Time
City of Muskegon                                                                                 July 3, 2021                               Approx. 10:25 PM
Bond or Insurance Filed?                                                                                                                    Amount
                                         Yes                                No                                                              $5,000,000.00



Issued by action of :                       council                 commission                      board of the

    city              village                township of ____________________________________________
                                                                      (Name of City, Village, Township)
on the __________________ day of ________________________________, _______________

______________________________________________________________________________
                                         (Signature and Title of Council/Commission/Board Representative)
                                    CERTIFICATE OF LIABILITY INSURANCE
                                                                                                                                                                    DATE (MM/DD/YYYY)

                                                                                                                                                                        4/13/2021
  THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
  CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
  BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
  REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
  IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
  the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
  certificate holder in lieu of such endorsement(s).
PRODUCER                                                                                    CONTACT
                                                                                            NAME:
Britton Gallagher                                                                           PHONE                                                     FAX
One Cleveland Center, Floor 30                                                              (A/C, No, Ext):   216-658-7100                            (A/C, No):
                                                                                            E-MAIL
1375 East 9th Street                                                                        ADDRESS:
Cleveland OH 44114                                                                                                 INSURER(S) AFFORDING COVERAGE                                 NAIC #

                                                                                            INSURER A : Everest Indemnity Insurance Co.                                          10851
INSURED                                                                                     INSURER B : Travelers Indemnity Co                                                   25658
Melrose Pyrotechnics, Inc.
Kingsbury Industrial Parkway                                                                INSURER C :   Everest Denali Insurance Company                                       16044
Heinold Complex                                                                             INSURER D :   Arch Specialty Insurance Company
Kingsbury IN 46345                                                                          INSURER E :

                                                                                            INSURER F :
COVERAGES                                   CERTIFICATE NUMBER: 2074870176                                                          REVISION NUMBER:
  THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
  INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
  CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
  EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR                                             ADDL SUBR                                            POLICY EFF   POLICY EXP
 LTR             TYPE OF INSURANCE               INSR WVD           POLICY NUMBER                    (MM/DD/YYYY) (MM/DD/YYYY)                             LIMITS
 A     GENERAL LIABILITY                           Y       SI8ML00042-211                              1/15/2021        1/15/2022   EACH OCCURRENCE                $ 1,000,000
                                                                                                                                    DAMAGE TO RENTED
       X   COMMERCIAL GENERAL LIABILITY                                                                                             PREMISES (Ea occurrence)       $ 500,000
               CLAIMS-MADE     X   OCCUR                                                                                            MED EXP (Any one person)       $
                                                                                                                                    PERSONAL & ADV INJURY          $ 1,000,000
                                                                                                                                    GENERAL AGGREGATE              $ 2,000,000
       GEN'L AGGREGATE LIMIT APPLIES PER:                                                                                           PRODUCTS - COMP/OP AGG         $ 2,000,000
           POLICY X JECT
                      PRO-                                                                                                                                         $
                                    LOC
 C     AUTOMOBILE LIABILITY                                   SI8CA00025-211                           1/15/2021        1/15/2022   COMBINED SINGLE LIMIT
                                                                                                                                    (Ea accident)                  $ 1,000,000
       X   ANY AUTO                                                                                                                 BODILY INJURY (Per person)     $
           ALL OWNED            SCHEDULED                                                                                           BODILY INJURY (Per accident) $
           AUTOS                AUTOS
       X                   X    NON-OWNED                                                                                           PROPERTY DAMAGE                $
           HIRED AUTOS          AUTOS                                                                                               (Per accident)
                                                                                                                                                                   $
 D         UMBRELLA LIAB       X   OCCUR                      UXP1035209-01                            1/15/2021        1/15/2022   EACH OCCURRENCE                $ 4,000,000
       X   EXCESS LIAB             CLAIMS-MADE                                                                                      AGGREGATE                      $ 4,000,000

             DED           RETENTION $                                                                                                                             $
 B     WORKERS COMPENSATION                                   0323N491 (MI)                             4/1/2021        4/1/2022    X    WC STATU-        OTH-
       AND EMPLOYERS' LIABILITY                                                                                                         TORY LIMITS        ER
                                        Y/N
       ANY PROPRIETOR/PARTNER/EXECUTIVE                                                                                             E.L. EACH ACCIDENT             $ 1,000,000
       OFFICER/MEMBER EXCLUDED?             N/A
       (Mandatory in NH)                                                                                                            E.L. DISEASE - EA EMPLOYEE $ 1,000,000
       If yes, describe under
       DESCRIPTION OF OPERATIONS below                                                                                              E.L. DISEASE - POLICY LIMIT    $ 1,000,000




DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Additional Insured extension of coverage is provided by above referenced General Liability policy where required by written agreement.
DISPLAY DATE: July 2, 2021 & July 3, 2021
July 2nd LOCATION: Muskegon Country Club, Muskegon, Michigan
July 3rd LOCATION: 340 Morris Ave, Muskegon, Michigan
ADDITIONAL INSURED: Muskegon Country Club; City of Muskegon, all elected and appointed officials, all employees and volunteers, all boards, commissions,
and/or authorities and board members, including employees and volunteers thereof; Foundry Square LLC; FS Funding LLC; Social Security Administration



CERTIFICATE HOLDER                                                                          CANCELLATION

                                                                                              SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
                                                                                              THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
                                                                                              ACCORDANCE WITH THE POLICY PROVISIONS.
               City of Muskegon
               933 Terrace Street                                                           AUTHORIZED REPRESENTATIVE
               Muskegon MI 49440


                                                                                           © 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05)                                  The ACORD name and logo are registered marks of ACORD
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: April 27, 2021              Title: Request to Fly the Norwegian Flag

Submitted By: Ann Marie Meisch, MMC                  Department: City Clerk

Brief Summary: Sons of Norway are requesting permission to fly the Norwegian Flag at City Hall
on Constitution Day (Independence Day) which is Monday, May 17th.




Detailed Summary: N/A




Amount Requested: N/A                              Amount Budgeted: N/A

Fund(s) or Account(s): N/A                         Fund(s) or Account(s): N/A

Recommended Motion: To approve the request.




For City Clerk Use Only:


Commission Action:
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: 4/27/2021                   Title: Temporary Extension of Service Area
                                                     for Smash Wine Bar

Submitted By: Ann Meisch                             Department: City Clerk

Brief Summary: Staff is seeking approval from the Commission to write a letter to the Michigan
Liquor Control Commission to allow for the temporary extension of the service area (approved in
2020) for Smash Wine Bar to be extended until November 30, 2021.




Detailed Summary:




Amount Requested: n/a                              Amount Budgeted: n/a

Fund(s) or Account(s):                             Fund(s) or Account(s):

Recommended Motion: To approve the request to temporarily extend the outdoor service area for
Smash Wine Bar.




For City Clerk Use Only:


Commission Action:
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: 4-27-2021                     Title: Downtown Muskegon Social District
                                                       plan and map amendments

Submitted By: Dave Alexander                           Department: Economic Development

Brief Summary: Requesting approval of an updated Muskegon Downtown Social District plan and
map, removing the CIO Hall, 490 W. Western Ave., from the district.

Detailed Summary: The Muskegon City Commission approved the Downtown Muskegon Social
District in August. The social district law does not allow non-profit, special event beer licenses in
the district if the district is operating. Staff and commission do not want to shut down the social
district for special events. Port City CIO Building Association, a non-profit of union users of the
building at 490 W. Western, has requested to be removed from the Muskegon Downtown Social
District. The building does not have a permanent liquor license. The commission needs to approve
an amended social district plan, a new social district map and an accompanying resolution. All are
attached.

Amount Requested: none                                Amount Budgeted:

Fund(s) or Account(s):                                Fund(s) or Account(s):

Recommended Motion: I move to approve an amended Muskegon Downtown Social District plan
and map in conjunction with a resolution removing 490 W. Western Avenue from the district.



Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
         RESOLUTION APPROVING DOWNTOWN MUSKEGON SOCIAL DISTRICT

                                   AMENDED PLAN AND MAP

                                        City of Muskegon

                                 County of Muskegon, Michigan



        Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of
Muskegon, Michigan (the “City”), held virtually, live on the city’s FaceBook page per the
governor’s COVID-19 executive order on open meetings, on the 27th day of April, 2021 at 5:30
p.m., prevailing Eastern Time.

PRESENT:

ABSENT:

        The following preamble and resolution were offered by Commissioner
___________________ and supported by Commissioner __________________.

        WHEREAS, in accordance with Public Act 124 of 2020 on the establishment of Social
Districts within a Michigan city; and
        WHEREAS, COVID-19 pandemic has caused unprecedented economic disruption
worldwide and within our local business community; and

        WHEREAS, restaurants and bars, which have been key contributors to the historic
redevelopment of Downtown Muskegon, have been and will continue to be hard hit by the
economic impact of the pandemic; and

        WHEREAS, increasing availability of outdoor spaces for dining and drinking will help
downtown and its businesses recover; and

        WHEREAS, Public Act 124 of 2020 empowers local governments like the City of
Muskegon to enhance its downtowns with Social Districts and accompanying Common Areas
where purchasers may consume and possess alcoholic beverages sold by multiple qualified
Michigan Liquor Commission licensees who obtain Social District Permits; and

        WHEREAS, the City Commission has received requests to designate a downtown Social
District; and
        WHEREAS, the City Commission has considered the potential impact of the requested
Social District on the public health, safety and welfare of the city; and

        WHEREAS, the City Commission approved a Muskegon Downtown Social District initial
plan and map the 25th day of August, 2020 and the district has been operating since the third
weekend in September, 2020, and

        WHEREAS, the City Commission desires to designate a downtown Social District with a
Common Area,

        WHEREAS, the City Commission has received a request from the Port City CIO Building
Association, a Michigan non-profit corporation, to remove its property at 490 W. Western Ave.,
from the district

        NOW, THEREFORE, BE IT RESOLVED THAT:

        1. The following Social District containing a Common Area is designated described in
            the attached and amended plan and map that removes 490 W. Western Ave. from
            the district, and
        2. That the Common Area within the Social District, the City Manager, or his designee,
            is authorized to make minor and reasonable adjustments to the Common Area to
            safeguard public health, safety and welfare, and
        3. That the Social District and Common Area have at least two qualified, participating
            and permitted Liquor Control Commission licensees, and
        4. That the signage placed to clearly define and mark the limits of the Common Area
            shown in the plan and on the Social District map, and
        5. The management and maintenance of the Social District and Common Area shall be
            conducted by city staff in accordance with the operational details in the plan, and
        6. That the Social District and Common Area shall be maintained in a manner that
            protects the health and safety of the city, and
        7. That, if the Social District and Common Area are deemed to be a public health and
            safety concern, a public hearing revoking the plan will be held before the City
            Commission in accordance with Act. 124 of 2020.

        Be it Further Resolved that the Mayor and City Clerk are hereby authorized to execute
all documents necessary to file the amended Muskegon Downtown Social District plan and map
with the Michigan Liquor Control Commission.
AYES:



NAYS:




RESOLUTION DECLARED APPROVED.



                                Ann Marie Meisch, City Clerk




                                Stephen J Gawron, Mayor
       I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on April 27, 2021 and that said meeting was conducted and public notice
of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being
Act 267, Public Acts of Michigan, 1976, as amended and modified by the governor’s COVID-19
executive order and that the minutes of said meeting were kept and will be or have been made
available as required by said Act.




                                                          Ann Marie Meisch, City Clerk
                          Muskegon Social District Plan
                               Adopted Aug. 25, 2020
                              Amended April 27, 2021

Introduction:
The City of Muskegon seeks to take advantage of Michigan Public Act 124 of 2020 signed in to
law on July 1, 2020. This is enabling legislation that would allow Michigan municipalities to
establish Social Districts that would allow for “common areas” where two or more contiguous
licensed establishments (bars, distilleries, breweries, restaurants and tasting rooms) could sell
alcoholic beverages in special cups to be taken into the area for consumption. Muskegon city
administration through a collaboration of all City Hall departments is designing a Muskegon
Social District and the policies, parameters and management of this new community
development tool. This Muskegon Social District Plan is being shared with potential license
holder users for refinement of the plan, a final draft will be presented to the Muskegon City
Commission for approval and sent on to the Michigan Liquor Control Commission for state
concurrence. The Muskegon City Commission approved the plan Aug. 25, 2020 and it has been
accepted by the MLCC. The district began operations the third weekend in September, 2020.
Management:
The Muskegon Social District would be created and managed by the city through its economic
development department and downtown manager. The district management and operations
would be assisted by the city’s public safety, public works, clerk and finance departments.
District boundaries:
The Muskegon Social District would have a common area south of Shoreline Drive with the
potential of expanding to the north in the future.
The initial Muskegon Social District would be mainly along West Western Avenue from Eighth
Street to Pine Street, including portions of Clay Avenue, Morris Avenue, Third Street and
Jefferson Street. Specifically, the plan amended by the Muskegon City Commission April 27,
2021 removes the property at 490 W. Western Ave., owned by Port City CIO Building
Association. (maps attached)
Streets in the Social Districts would remain open to traffic and for parking, unless parking
spaces are given to outdoor dining. The district is being proposed with the expectation of
certain properties being developed that would include future businesses with liquor licenses
that might expand the common area.
Potential participating license holders:
Muskegon Social District -- The Eagles, Tipsy Toad, Mike’s Bar, Pigeon Hill, Burl & Sprig, Top
Shelf, Mercy Health/Rad-Dads, Dr. Rolf’s, Racquets, Smash, Walker’s, the CIM’s Courses, Unruly,
Boar’s Belly, 18th Amendment, WMSO/The Block, Farmers Market, Hennessy’s, Nipotes, 794
Kitchen, Capone’s, and Rake.
Participating license holders would be asked to sign a Social District agreement with the city,
which must approve social district permits issued by the MLCC. This allows a license holder to
sell alcoholic beverages in special district cups in its service area to be taken into the common
area for consumption.
Non-alcohol businesses within the district:
There are businesses which could be in the common area and allow for Social District beverages
to be brought into those places of business. Examples would be retail outlets such as Vintage
Redefined, Harris and Willow, Western Market and the Century Club Center.
Operations:
The Muskegon Social Districts would operate year round but the district’s seasonal road
closures along with outdoor services and amenities would be from May 1 to Oct. 31. Operations
would be seven days a week. The common areas would be open from 11 a.m. until 11 p.m.
Before 11 a.m. and after 11 p.m., Social District beverages would not be able to be possessed
nor consumed in the common areas. After hours, consumption of alcoholic beverages would
have to be contained within the license holders’ service areas.
It is the intent of city administration to begin implementing the Muskegon Social Districts in
2020, if possible. An initial roll out might not be a full Muskegon Social District but by the spring
of 2021 the entire Muskegon Social District plan would be implemented.
District designation and marking:
The boundaries of the Muskegon Social Districts would be clearly designated and marked with
signs and graphics on streets and sidewalks. The signs could be accompanied by a trash
receptacle for customers to dispose of used district cups as they exit the district.
Social District financing:
The Muskegon Social District established, implemented and managed by the City of Muskegon
must generate enough revenue to cover its costs. A number of funding models could pay for
the Muskegon Social District. The options include a surcharge on beverages purchased for
possession and consumption in the common areas though an upcharge on cups that would
need to be purchased through the city. Participating establishments could handle the surcharge
however they choose within their product price structure. The cup could contain a sponsor logo
or message that could generate dollars for the district. The district establishments could charge
a small daily fee for a wrist band to be a common area user. And finally, a district fee for
participating license holders in the Muskegon Social District could generate further revenues.
One or a blending of these funding methods would be explored and implemented by consensus
of the city and the participating establishments. Revenues would pay for initial implementation
such as signs and trash receptacles and ongoing costs such as the cups, security-enforcement,
sanitation, marketing-promotion and entertainment.
Social District logo and beverage containers:
The Muskegon Social Districts should have a name for branding and marketing purposes but
must have a special logo for use on the non-glass district beverage cups of no more than 16
ounces. The cups of various colors and/or stickers to differentiate among license holders must
also have a logo or name identifying the establishment. Muskegon Social District cups may not
be reused, must remain in the establishment where they were purchased or in the common
area and may not be taken into an establishment that did not sell the beverage.
Muskegon Social District will explore the use of cups that can be recycled or composted.
Security-enforcement:
Security and enforcement in the Muskegon Social Districts would be provided by the Muskegon
Police Department. The Muskegon Social District may hire certified private security personnel
to assist within the district.
Insurance:
The city would insure its management and operation of the Muskegon Social District through its
municipal umbrella insurance policy. Participating license holders would be left to secure their
own liability insurance as they deem necessary.
Sanitation:
The Muskegon Public Works Department with heavy assistance from participating
establishments would provide sanitation within the district including trash removal, litter pick
up on a daily basis and deployment of portable toilets, if needed. Each participating license
holder would be required to have a city provided trash receptacle outside of its entrances for
the disposal of district cups and empty those receptacles when needed. The city would
maintain its current downtown trash receptacles and could expand the number in areas where
establishments are not available to assist.
Marketing and promotion:
The Muskegon Social District should have a branded name for marketing purposes and a
distinctive logo. Marketing would be done through traditional free media and paid advertising
along with extensive social media. The district needs its own Facebook page, other social media
accounts and website.
Entertainment/food trucks:
The Muskegon Social District has the opportunity to provide entertainment on a regular basis
and food trucks when warranted. The district includes three small stages to provide various
musical acts, including Olthoff Stage, Alcoa Square and the Farmers Market. The district could
also coordinate and promote individual establishments wanting to feature musical
entertainment. Finally, food trucks could be introduced to drive visitors into the district and
create a street-fair atmosphere when deemed necessary.
Festivals/special events:
The state’s Social District law does not allow special event liquor licenses to participate in a
Social District. Such special licenses are the backbone of several large festival events historically
within Muskegon’s Social Districts. Going forward, the Muskegon Social District and its
participating license holders seem to favor allowing these “beer tents” with no alcoholic
beverage entering or exiting special-event licensed area. But ongoing coordination and
collaboration with downtown events and festivals would be needed.
Muskegon Social District - South
     Muskegon Social District
1    The Eagles
 2   No Name Saloon
 3   Mike’s Inn
 4   Pigeon Hill Brewing
 5   Burl and Sprig
6    Top Shelf                                                                                             20
                                                                                            16   17   18
7    Mercy Health Arena/Rad Dads                                                                           19
8    Dr. Rolf’s BBQ
 9   Legends
10   Smash Wine Bar & Bistro
11   Walker’s The Foundation
12   The CIM’s Courses
                                                                                       15
13   Unruly Brewing                                                          14
                                                                                  13
14   The Block
15   18th Amendment                                                11
16   Farmers Market                                                                    12
17   Nipote’s                                                  9        10
18   794 Kitchen & Bar                                     7
19   Capone’s Speakeasy                        5               8
                                                       6
20   Rake Beer Project                             4




                                           3



                                       2
                                   1




       = Consumption Area
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: 4-27-2021                      Title: Social District Permit recommendation

Submitted By: Dave Alexander                            Department: Economic Development

Brief Summary: The City Commission must recommend approval of the Michigan Liquor Control
Commission permits of participating licensed establishments in the Downtown Muskegon Social
District.

Detailed Summary: With the establishment of the Downtown Muskegon Social District,
participating licensed establishments must receive a Social District permit from the Michigan Liquor
Control Commission. The MLCC must first receive a recommendation for approval from the City
Commission before granting the permits. You handled the initial eight such requests at your Aug.
25 and Sept. 8 meetings and subsequently approved 17 establishments. The attached resolution is
for a second location for Burl & Sprig (former Boar’s Belly) which is also seeking a Social District
permit from the state and seeking City Commission recommended approval. The Social District
plan identifies 22 potential participating licensees within the district. Other licensed establishments
may file a Social District permit application in the future.

Amount Requested: None                                Amount Budgeted:

Fund(s) or Account(s):                                Fund(s) or Account(s):

Recommended Motion: To approve the resolution recommending Michigan Liquor Control
Commission approval of Social District permits in the Downtown Muskegon Social District and to
direct the City Clerk to certify the City Commission action with the MLCC.

Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
      RESOLUTION RECOMMENDING DOWNTOWN MUSKEGON SOCIAL DISTRICT

                               PERMIT APPLICATON APPROVAL

                                        City of Muskegon

                                 County of Muskegon, Michigan



       Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of
Muskegon, Michigan (the “City”), held at Muskegon City Hall, 933 Terrace, Muskegon, MI 49440
and virtually online on the city’s Facebook page on the 27th day of April, 2021 at 5:30 p.m.,
prevailing Eastern Time.

PRESENT:

ABSENT:

       The following preamble and resolution were offered by Commissioner
___________________ and supported by Commissioner __________________.

       WHEREAS, in accordance with Public Act 124 of 2020 on the establishment of Social
Districts within a Michigan city; and
       WHEREAS, COVID-19 pandemic has caused unprecedented economic disruption
worldwide and within our local business community; and

       WHEREAS, restaurants and bars, which have been key contributors to the historic
redevelopment of Downtown Muskegon, have been and will continue to be hard hit by the
economic impact of the pandemic; and

       WHEREAS, increasing availability of outdoor spaces for dining and drinking will help
downtown and its businesses recover; and

       WHEREAS, Public Act 124 of 2020 empowers local governments like the City of
Muskegon to enhance its downtowns with Social Districts and accompanying Common Areas
where purchasers may consume and possess alcoholic beverages sold by multiple qualified
Michigan Liquor Commission licensees who obtain Social District Permits; and

       WHEREAS, the City Commission has designated a Downtown Muskegon Social District
and Common Area, and
       WHEREAS, the city has received requests from multiple qualified licensees to
recommend approval of their Social District Permit applications by the Michigan Liquor Control
Commission, and

       WHEREAS, the licensed establishments are contiguous to the Common Area within the
Social District, and

       WHEREAS, the City Commission desires to recommend approval of the Social District
Permit applications,

       NOW, THEREFORE, BE IT RESOLVED THAT:

       1. The Social District Permit Applications from the following licensees are
           recommended by the City Commission to consideration and approval by the
           Michigan Liquor Control Commission:
           a. West Michigan Rum Co LLC, dba/Burl & Sprig, at Suite 4 and 2, 333 W.
                Western.
           b.

       2. The City Clerk is authorized and directed to provide each applicant with a certification
of this action in the form specified by the Michigan Liquor Control Commission.



       AYES:



       NAYS:



       RESOLUTION DECLARED APPROVED.



                                                          Stephen J Gawron, Mayor




                                                          Ann Marie Meisch, City Clerk
       I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on April 27, 2021 and that said meeting was conducted and public notice
of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being
Act 267, Public Acts of Michigan, 1976 and that the minutes of said meeting were kept and will
be or have been made available as required by said Act.




                                                          Ann Marie Meisch, City Clerk
                                      Michigan Department of Licensing and Regulatory Affairs
                                                 Liquor Control Commission (MLCC)
                                          Toll-Free: 866-813-0011 - www.michigan.gov/lcc



                                               Social District Permit Information

                                                Local Governmental Approval Required Before You Apply

                      The city, township, or village where your business is located must have first designated a Social District before
                      you may apply. Your licensed business must be contiguous to the commons area inside the Social District to
                      qualify. Check with your local governmental unit to see if you qualify.

                      Your licensed business must also be approved individually by the city, township, or village before you apply for
                      a Social District Permit. A local governmental unit approval form is attached to this application.


The governing body of a local governmental unit may designate a Social District within its jurisdiction that contains a commons area
in which the patrons of qualified licensees may consume alcoholic liquor (beer, wine, mixed spirit drink, spirits, or mixed drinks/
cocktails) in the commons area.

At least two (2) qualified licensees must have their licensed premises contiguous to a commons area for the area to qualify to be part
of a social district.

The local governmental unit must define and clearly mark the commons area with signs. The local governmental unit must establish
a management plan, including the hours of operation, for the commons area. These plans must be submitted to the Commission.

A qualified licensee may apply the to Commission for a Social District Permit using the attached application. The licensee must first
obtain approval from the governing body of the local governmental unit before applying for the permit.

A licensee that has been issued a Social District Permit may sell alcoholic liquor for on-premises consumption on its licensed premises
only, but then customers may remove the alcoholic liquor from the premises to be consumed in the commons area. A licensee must
not sell alcoholic liquor in the commons area.

The commons area is not considered part of any licensee's licensed premises. Nevertheless, a licensee that has been issued a Social
District Permit must make every effort to ensure that it does not sell alcoholic liquor to a minor or intoxicated person.

Any alcoholic liquor sold to customers for consumption in the commons area by a licensee with a Social District Permit must comply
with all of the following:
      • The serving container must prominently display the licensee's trade name or logo or some other mark that is unique to the
          licensee that sold the alcohol.
      • The serving container must prominently display a logo or some other mark that is unique to the commons area.
      • The serving container is not made of glass.
      • The serving container does not have a liquid capacity over 16 ounces.

A customer that purchases alcoholic liquor to be consumed in a commons area must not transport that alcoholic liquor onto the
licensed premises of another licensee contiguous to the commons area from which the customer did not purchase the alcoholic
liquor. A licensee shall not allow alcoholic liquor purchased from another licensee to be brought onto its licensed premises.

A customer that purchases alcoholic liquor to be consumed in a commons area must not transport that alcoholic liquor outside of the
commons area.

Qualified licensees for Social District Permits are:
      • A retailer licensee that is licensed to sell alcoholic liquor for consumption on the premises, such as a Class C, Tavern, A-Hotel,
         B-Hotel, Club, G-1, or G-2. A Special License issued to a nonprofit organization is not a qualified licensee.
      • A manufacturer with an On-Premises Tasting Room Permit.
      • A manufacturer with an Off-Premises Tasting Room License or a Joint Off-Premises Tasting Room License. For Joint Off-
         Premises Tasting Room Licenses, all licensees that have licenses at that same location must be approved for and issued a
         Social District Permit.
                                                          Michigan Department of Licensing and Regulatory Affairs
                                                                                                                                                                      Business ID:
                                                                     Liquor Control Commission (MLCC)
                                                              Toll-Free: 866-813-0011 - www.michigan.gov/lcc                                                          Request ID:

                                                                                                                                                                                             (For MLCC Use Only)

                                                                         Social District Permit Application
Part 1 - Licensee Information
Individuals, please state your legal name. Corporations or Limited Liability Companies, please state your name as it appears on your Articles of Incorporation / Organization.

Licensee name:             West Michigan Rum Co. LLC


Address:            333 W Western Ave Suite 4 & Suite 2


City:      Muskegon                                                                 State: MI                                             Zip Code: 49440

Contact Name: Cody Wasilchenko                                           Phone: 941-421-6407                                              Email:        cody@wmrum.com


Part 2 - Required Documents & Fees

          Local Governmental Unit Approval
          Approval from the local governmental unit (city council, township board, village council) is required to be submitted with this application
          (See page 2 for approval form)

                                                                                                                                                                       Leave Blank - MLCC Use Only
                                                                                                            TOTAL DUE:
         $70.00 Inspection Fee (MLCC Fee Code 4036)

         $250.00 Social District Permit Fee (MLCC Fee Code 4081)                            Make checks payable to State of Michigan



Part 3 - Signature of Licensee
Under administrative rule R 436.1003, the licensee shall comply with all state and local building, plumbing, zoning, sanitation, and health
laws, rules, and ordinances as determined by the state and local law enforcements officials who have jurisdiction over the licensee.
Approval of this application by the Michigan Liquor Control Commission does not waive any of these requirements. The licensee must
obtain all other required state and local licenses, permits, and approvals for this business before using this permit for the sale of alcoholic
liquor on the licensed premises.

I certify that the information contained in this form is true and accurate to the best of my knowledge and belief. I agree to comply with all
requirements of the Michigan Liquor Control Code and Administrative Rules. I also understand that providing false or fraudulent
information is a violation of the Liquor Control Code pursuant to MCL 436.2003.

The person signing this form has demonstrated that they have authorization to do so and have attached appropriate documentation as
proof.

 Cody Wasilchenko                                                                                                                                                             03/10/2021

                  Print Name of Licensee & Title                                                          Signature of Licensee                                                                  Date

                                                            Please return this completed form and fees to:
                                                                 Michigan Liquor Control Commission
                                                          Mailing address: P.O. Box 30005, Lansing, MI 48909
                                              Hand deliveries: Constitution Hall - 525 W. Allegan Street, Lansing, MI 48933
                                                 Overnight deliveries: 2407 N. Grand River Avenue, Lansing, MI 48906
                                                         Fax with Credit Card Authorization to: 517-284-8557




LCC-208 (07-20)             LARA is an equal opportunity employer/program. Auxiliary aids, services and other reasonable accommodations are available upon request to individuals with disabilities.      Page 1 of 2
                                                         Michigan Department of Licensing and Regulatory Affairs                                                      Business ID:
                                                                    Liquor Control Commission (MLCC)
                                                             Toll Free: 866-813-0011 • www.michigan.gov/lcc                                                           Request ID:
                                                                                                                                                                                               (For MLCC use only)


                                                Local Governmental Unit Approval For Social District Permit

Instructions for Governing Body of Local Governmental Unit:
A qualified licensee that wishes to apply for a Social District Permit must first obtain approval from the governing body of the local governmental unit where the
licensee is located and for which the local governmental unit has designated a social district with a commons area that is clearly marked and shared by and
contiguous to the licensed premises of at least two (2) qualified licensees, pursuant to MCL 436.1551. Complete this resolution or provide a resolution, along with
certification from the clerk or adopted minutes from the meeting at which this request was considered.


   At a                                                        meeting of the                                                                                                              council/board
                   (regular or special)                                                                                (name of city, township, or village)


   called to order by                                                                                             on                                               at
                                                                                                                                        (date)                                          (time)
   the following resolution was offered:

   Moved by                                                                                       and supported by

   that the application from
                                                                              (name of licensee - if a corporation or limited liability company, please state the company name)


   for a Social District Permit is                                                                                            by this body for consideration for approval by the
                                                                   (recommended/not recommended)
   Michigan Liquor Control Commission.

   If not recommended, state the reason:

                                                                                                    Vote

                                                                                             Yeas:
                                                                                            Nays:
                                                                                           Absent:

   I hereby certify that the foregoing is true and is a complete copy of the resolution offered and adopted by the
                                                                                                                                                                                (name of city, township, or village)
   council/board at a                                                                            meeting held on
                                                  (regular or special)                                                                           (date)



   I further certify that the licensed premises of the aforementioned licensee are contiguous to the commons area designated by the
   council/board as part of a social district pursuant to MCL 436.1551.




                  Print Name of Clerk                                                                     Signature of Clerk                                                                   Date


Under Article IV, Section 40, of the Constitution of Michigan (1963), the Commission shall exercise complete control of the alcoholic beverage traffic
within this state, including the retail sales thereof, subject to statutory limitations. Further, the Commission shall have the sole right, power, and duty to
control the alcoholic beverage traffic and traffic in other alcoholic liquor within this state, including the licensure of businesses and individuals.




LCC-208 (07/20)      LARA is an equal opportunity employer/program.Auxiliary aids, services and other reasonable accommodations are available upon request to individuals with disabilities.                 Page 2 of 2
                                                    Michigan Department of Licensing and Regulatory Affairs                                                      LARA Revenue Services is not a part of
                                                              Finance and Administrative Services                                                                    the Michigan Liquor Control
                                                                       Revenue Services                                                                             Commission (see note below).

                                                                   Credit Card Authorization Form
                          * * FAX COMPLETED FORM TO SECURE FAX LINE: 517-284-8557 * *
                                     * * DO NOT EMAIL OR MAIL THIS FORM * *
  Requests with credit card payments that are not faxed to the above secure fax line will be destroyed along with the credit card authorization in
                                    order to ensure the security of applicants’ personal credit card numbers.

    * *IF YOU ARE NOT SUBMITTING AN APPLICATION FORM WITH THIS CREDIT CARD AUTHORIZATION, YOU MUST PROVIDE AN
      ITEMIZATION OF THE FEES FOR WHICH YOU ARE SUBMITTING PAYMENT OR YOUR PAYMENT WILL NOT BE PROCESSED* *

Name on Card:                                                                                              Payment Amount:

Billing Address:
                                                                                                           Card Number:
City:                                  State:                   Zip Code:
                                                                                                                                                      Check One:

Phone:                                                                                                                    MasterCard                              Visa                     Discover


Email:                                                                                                     Security Code/CVV Code:


Applicant/Licensee Name:                                     Request or Business ID #:                     Expiration Date:



                                   Payment is for:


                                                                                                                                                         Signature

IF YOU ARE NOT SUBMITTING AN APPLICATION FORM WITH THIS                                                       LARA Revenue Services is not a part of the Michigan Liquor Control
CREDIT CARD AUTHORIZATION, YOU MUST PROVIDE AN                                                                Commission (MLCC). Receipt of payment and application forms by
ITEMIZATION OF THE FEES FOR WHICH YOU ARE SUBMITTING                                                          LARA Revenue Services does not constitute receipt of an application
PAYMENT OR YOUR PAYMENT WILL NOT BE PROCESSED.                                                                by the MLCC. Applications submitted through LARA Revenue
              Credit Card Payment Itemization:                                                                Services may take up to two (2) additional business days to be
                                                                                         MLCC
                    Fee Type                                  Fee Amount                Fee Code
                                                                                                              received by the MLCC after receipt by LARA Revenue Services.

     Inspection Fee(s):                                                                   4036                For requests that require a timely receipt of an application by the
                                                                                                              MLCC to be processed, such as Special Licenses and temporary
     Social District Permit Fee:                                                          4081
                                                                                                              requests, please ensure that your application will be received in
                                                                                                              adequate time to be processed by the MLCC after the payment is
                                                                                                              received and processed by LARA Revenue Services.




LCC-300 (10-20)           LARA is an equal opportunity employer/program. Auxiliary aids, services and other reasonable accommodations are available upon request to individuals with disabilities.
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: 4/27/2021                     Title: Harbor 31 Viridian Shores Housing
                                                       Development Neighborhood Enterprise Zone
                                                       Resolution of Intent

Submitted By: Jake Eckholm                             Department: Economic Development

Brief Summary: The development team at Harbor 31 has requested that the City of Muskegon
create a Neighborhood Enterprise Zone around certain parcels at the Harbor 31development site
intended for owner-occupied housing units.

Detailed Summary:
The developers have planned a multi-phase, multi-use buildout for the Harbor 31 site which
includes single family detached residential as well as owner-occupied townhomes. In order to
make these homes marketable due to the large amount of environmental mitigation required, the
developer has requested that an NEZ district be created so that future buyers can request
Neighborhood Enterprise Zone certificates for their respective home builds. The process laid out in
the attached resolution will comply with Public Act 147 of 1992 (NEZ Act) so that the City properly
notices taxing jurisdictions and holds the required public hearing in the time frames as stipulated.
Keep in mind that simply creating the NEZ district does not provide any owners with a tax
abatement, only the ability to request one from the city in the future, which will require commission
approval.

Amount Requested: $0                                 Amount Budgeted: N/A

Fund(s) or Account(s): N/A                           Fund(s) or Account(s): N/A

Recommended Motion: Motion to approve the Resolution of Intent to create a Neighborhood
Enterprise Zone as presented



For City Clerk Use Only:
Commission Action:
                                  Resolution _________
 Intent to Establish a Neighborhood Enterprise Zone at the Harbor
                        31 Development Site

Whereas; The Harbor 31 Business Park is in the process of long-anticipated redevelopment
which includes single family detached homes and townhomes and;


Whereas; Public Act 147 of 1992 of the State of Michigan allows for Neighborhood Enterprise
Zones to be created by Local Government Units by resolution in order to promote housing
development in blighted and vacant areas, and;


Whereas; The Act requires that the LGU intending to create the district for the Neighborhood
Enterprise Zone in “Not less than 60 days before the passage of a resolution designating a
neighborhood enterprise zone…the clerk of the local governmental unit shall give written notice
to the assessor and to the governing body of each taxing unit that levies ad valorem property
taxes in the proposed neighborhood enterprise zone” and;


Whereas; The act also requires that “The governing body shall hold a public hearing not later
than 45 days after the date the notice is sent but before acting upon the resolution” and;

Whereas; The Economic Development Department of the City of Muskegon has reviewed the
environmental findings and other materials submitted by the developer with respect to this
request, and finds the NEZ incentive an appropriate and necessary tool for redevelopment of the
site;

Now, Therefore be it Resolved; that the City Commission of the City of Muskegon intends to
establish a Neighborhood Enterprise Zone at the Harbor 31 development site encompassing the
parcels notated in Exhibit A, is instructing staff to duly notify all relevant taxing jurisdictions
pursuant to state statute and set a public hearing date for June 22nd, 2021 at 5:30pm.
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: April 27th, 2021              Title: Consumers Energy Easement

Submitted By: Leo Evans                                Department: Public Works

Brief Summary:
Staff is requesting authorization to approve the easement requested by Consumers Energy at 1651
Beach Street.


Detailed Summary:
Consumers Energy needs to replace a failing electric cable that provides electric service to The Deck
along with the city owned charging station at Pere Marquette Park. In addition to this work Consumers
Energy is proposing to relocate the electric transformer for The Deck that is currently nearing the end
of its service life. All new cables will be underground with pad mounted transformers located above
ground.

The proposed easement is outlined in the attachment.

The easement language has been reviewed and accepted by legal counsel.


Amount Requested: $0                                 Amount Budgeted: $0

Fund(s) or Account(s): N/A                           Fund(s) or Account(s): N/A

Recommended Motion:
Authorize staff to approve the easement to Consumers Energy for 1651 Beach Street.


Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
                                        EASEMENT FOR ELECTRIC FACILITIES

Master Tract# ROW000916065275
SAP# 1053830427
Design# 11191334
Agreement# MI00000054098


CITY OF MUSKEGON, a municipal corporation, whose address is 1350 East Keating Avenue, Muskegon, Michigan 49442
(hereinafter “Owner”)

for $1.00 and other good and valuable consideration [exempt from real estate transfer tax pursuant to MCLA 207.505(f) and
from State real estate transfer tax pursuant to MCLA 207.526(f)] grants and warrants to

CONSUMERS ENERGY COMPANY, a Michigan corporation, One Energy Plaza, Jackson, Michigan 49201 (hereinafter “Consumers”)

a permanent easement to enter Owner’s land (hereinafter “Owner’s Land”) located in the City of Muskegon, County of Muskegon,
and State of Michigan as more particularly described in the attached Exhibit A to construct, operate, maintain, inspect (including
aerial patrol), survey, replace, reconstruct, improve, remove, relocate, change the size of, enlarge, and protect a line or lines of
electric facilities in, on, over, under, across, and through a portion of Owner's Land (hereinafter “Easement Area”) as more fully
described in the attached Exhibit B, together with any pole structures, poles, or any combination of same, wires, cables, conduits,
crossarms, braces, guys, anchors, transformers, electric control circuits and devices, location markers and signs, communication
systems, utility lines, protective apparatus and all other equipment, appurtenances, associated fixtures, and facilities, whether
above or below grade, useful or incidental to or for the operation or protection thereof, and to conduct such other activities as
may be convenient in connection therewith as determined by Consumers for the purpose of transmitting and distributing
electricity.

Additional Work Space: In addition to the Easement rights granted herein, Owner further grants to Consumers, during initial
construction and installation only, the right to temporarily use such additional work space reasonably required to construct said
lines. Said temporary work space shall abut the Easement Area, on either side, as required by construction.

Access: Consumers shall have the right to unimpaired access to said line or lines, and the right of ingress and egress on, over,
and through Owner’s Land for any and all purposes necessary, convenient, or incidental to the exercise by Consumers of the rights
granted hereunder.

Trees and Other Vegetation: Owner shall not plant any trees within the Easement Area. Consumers shall have the right from time
to time hereafter to enter Owner’s Land to trim, cut down, and otherwise remove and control any trees, brush, roots, and other
vegetation within the Easement Area. Consumers shall have the right from time to time hereafter to enter Owner’s Land to trim,
cut down, and otherwise remove and control any trees, brush, or other vegetation located outside of the Easement Area which
are of such a height or are of such a species whose mature height that in falling directly to the ground could come into contact
with or land directly above Consumers’ facilities.

Buildings/Structures: Owner agrees not to build, create, construct, or permit to be built, created, or constructed, any obstruction,
building, septic system, drain field, fuel tank, pond, swimming pool, lake, pit, well, foundation, engineering works, installation or
any other type of structure over, under, or on said Easement Area, whether temporary or permanent, natural or man-made, without
a prior written agreement executed by Consumers’ Real Estate Department expressly allowing the aforementioned.


ESMA - 2020                                                                                                        Page 1 of 4
RFM – 1/27/2020
Ground Elevation: Owner shall not materially alter the ground elevation within the Easement Area without a prior written
agreement executed by Consumers Real Estate Department allowing said alteration.

Exercise of Easement: Consumers’ nonuse or limited use of this Easement shall not preclude Consumers’ later use of this
Easement to its full extent.

Ownership: Current Muskegon City Manager, to the best of his knowledge believes that the City of Muskegon is the lawful fee
simple owner of the Easement Area, and that it has the right and authority to make this grant.

Successors: This Easement shall bind and benefit Owner’s and Consumers’ respective heirs, successors, lessees, licensees, and
assigns.

Counterparts: This Easement may be executed simultaneously in two or more counterparts, each of which shall be deemed an
original and all of which together shall constitute one and the same instrument. It is not necessary that all parties execute any
single counterpart if each party executes at least one counterpart.

Date:                                                          Owner: CITY OF MUSKEGON, a municipal corporation



                                                               By: Leo Evans
                                                               Its: DPW Director




                                                        Acknowledgment

The foregoing instrument was acknowledged before me in                                                          County, Michigan,

on                                           by Leo Evans, DPW Director of the City of Muskegon, a municipal corporation, on behalf
                       Date

of the corporation.

                                                                Notary Public

                                                                _________________________________________________
                                                                Print Name
                                                                                                   County, Michigan
                                                                Acting in                                           County
                                                                My Commission expires:



 PROPERTY OWNERS MAIL                                                              REGISTER OF DEEDS OFFICE USE
 SIGNED EASEMENT TO:                                                               ONLY
 David Renwick #100-2                     Prepared By:                             Return recorded instrument to:
 Consumers Energy Company                 Nicole Corts 01/25/2021                  Carrie J. Main, EP7-287
 700 E Sternberg Road                     Consumers Energy Company                 Consumers Energy Company
 Norton Shores, MI 49441                  One Energy Plaza                         One Energy Plaza
                                          Jackson, MI 49201                        Jackson, MI 49201
                                          Revised By: Nicole Corts 04/15/2021




ESMA - 2020                                                                                                      Page 2 of 4
RFM – 1/27/2020
                                                            EXHIBIT A

                                                          Owner’s Land


Land situated in the City of Muskegon, County of Muskegon, State of Michigan:

All of Block 7 also described as that part of Block 739 of the Revised Plat of the City of Muskegon, adopted April 9, 1903, being
in the West 1/2 of Section 28, Town 10 North, Range 17 West, according to the recorded plat thereof Muskegon County Records,
bounded Northerly and Easterly by the Muskegon Lake Channel, Southerly by the North line of Water Street, Westerly by the
Westerly line of Beach Avenue, extended to Muskegon Lake Channel.

Also known as: 1651 Beach Street, Muskegon, Michigan 49441

Parcel ID: 61-24-205-734-0001-00

AND

Part of Block 739, City of Muskegon Revised Plat of 1903, being in the Southwest 1/4 of Section 28, Town 10 North, Range 17
West, described as: Project the North line of Indiana Avenue Southwesterly to the Westerly line of Westerly Beach Street Oval to
Point of Beginning is 30.00 feet South of the Northeasterly projected South line of existing Pavilion Boulevard; thence
Northwesterly 180.00 feet more or less along the Westerly Beach Street oval to a point 50.00 feet North of the Northeasterly
projected North line of existing Pavilion Boulevard; thence Southwesterly and at right angle to Westerly line of Westerly Beach
Street oval 105.00 feet and 50.00 feet Westerly of projected West line of existing Pavilion Boulevard; thence Southeasterly and
parallel to Westerly Line to Westerly line of Westerly Beach Street oval 180.00 feet; thence Northeasterly 105.00 feet to Point of
Beginning being a rectangular parcel 105.00 feet by 180.00 feet.

Also known as: 1601 Beach Street, Muskegon, Michigan 49441

Parcel ID: 61-24-205-739-0001-20




ESMA - 2020                                                                                                     Page 3 of 4
RFM – 1/27/2020
                                                         EXHIBIT B

                                                      Easement Area


A 12.00-foot-wide strip of land, being 6.00 feet on each side of the centerline of the line constructed on Owner's Land, the
centerline to be located approximately as shown in the attached drawing.




ESMA - 2020                                                                                                Page 4 of 4
RFM – 1/27/2020
                      Agenda Item Review Form
                       Muskegon City Commission
Commission Meeting Date: 04/27/2021                     Title: Water Filtration Plant & Harvey Pump
                                                        Station Building Repairs

Submitted By: Leo Evans/Joe Buthker                     Department: Public Works - Filtration

Brief Summary: Staff is requesting authorization to contract with multiple contractors for building
repairs and upgrades at the Water Filtration Plant and Harvey Pump Station.

Detailed Summary:
Staff has been working since 2019 to create a plan to address a number of problems that have
developed in the buildings at the Water Filtration Plant and the Harvey Pump Station.
Four major projects will occur at the Water Filtration Plant:
   •   The roofs on two buildings will be replaced. A 2018 assessment found these two roofs to
       have failed, and they currently leak during rain storms and snow melt.
   •   Over 100 windows will be replaced on five buildings. These windows have experienced
       seal failures. Lintels that have corroded and have become a major source of leaks will be
       replaced.
   •   Masonry repairs will occur on five buildings were brickwork is cracked, pulling away from
       the buildings, or in need of tuck pointing. New control joints will be created where
       necessary. Damaged limestone will be repaired.
   •   Excessive condensation will be addressed with ventilation upgrades in three buildings. The
       intake and exhaust of the dehumidification system will be modified to bring it to code.
Five major projects will occur at the Harvey Pump Station:
   •   The roof on the pump station building will be replaced. A 2018 assessment found this roof
       to have failed.
   •   The windows of the pump station building will be replaced. Some of the current windows
       can no longer be opened, creating ventilation issues in the summer. Others do not close
       completely, creating heating issues in the winter.
   •   The original plumbing for the floor drains has corroded away and will be replaced.
   •   The 5.0 million gallon in-ground reservoir will have a membrane placed over its cap. This
       will require sand and top soil to be removed from the top, roofing material to be installed,
       and the sand and topsoil to be put back in place with new grass. This project has been
       recommended by the state.
   •   New fencing will be installed around the perimeter of the pump station and reservoir
       property.
Staff is requesting the following bids be approved:
 Contractor                  Project                                 Cost
 CS Erickson                 Electrical                          $67,720
 DHE Mechanical              Mechanical & Plumbing              $119,400
 Ostrander                   Roofing                            $832,674
 Ram Construction            Masonry & Restoration              $382,415
 Grand Valley Glass          Glass & Aluminum                   $208,575
 Accurate Excavators         Earthwork                          $183,500
 Boerman Fence               Fencing                             $48,345
 Total Bids                                                   $1,842,629


Staff is requesting a maximum of $530,178 for an owner’s allowance to cover permits, general
construction costs, owner-project specific allowances, owner/construction contingency, inspections
& testings as well as consulting costs. This cost was estimated by Construction Simplified, the firm
that is working as the Owner’s Rep for this project. The construction management portion of the
owner’s allowance was not put out for bids. Construction Simplified has worked with the City on
other projects and has added value to this project with their expertise in construction project
management, in particular, overseeing the multiple contractors and the two locations that are a
part of this project. The total cost of this project, which includes the owner’s allowance and the bids
listed above, will be $2,380,007.
The project will be funded by location, as the WMRWA will contribute to the costs of the repairs at
the plant, but not at the pumping station. The amount requested that was not budgeted will be
addressed in the FY 21-22 budget. The project will start in FY 20-21 and continue in FY 21-22. The
breakdown is estimated as follows:
                                          FY 20-21       FY 21-22
 Water Filtration Plant (92008)           $300,000      $1,272,804
 Harvey Pump Station (92007)              $213,250        $593,953



Amount Requested: $2,380,007                          Amount Budgeted: $2,000,000

Fund(s) or Account(s): 591-92007 $807,203             Fund(s) or Account(s): 591-92007 $1,040,000
                        591-92008 $1,572,773                                   591-92008 $960,000

Recommended Motion:
Authorize staff to contract with CS Erickson, DHE Mechanical, Ostrander, Ram Construction,
Grand Valley Glass, Accurate Excavators, Boerman Fence for a total amount of $1,842,629 with
an included owner’s allowance of $530,178 to perform building repairs and upgrades and the
Water Filtration Plant and Harvey Pump Station.

Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
Date:    April 20th, 2021

Client: Muskegon Water Filtration
        1900 Beach Street
        Muskegon, MI

Project: Water Treatment & Harvey Booster Station Restoration & ReRoof

Construction Simplified (CS) is hereby proposing to provide the Construction Owner Representation services for
Muskegon Water Treatment and Harvey Booster Station. Per our understanding of the projects, we have received
competitive bids, and reviewed them on behalf of the city. The following broken out prices encapsulate the major
efforts by subcontractors to restore the masonry, install new windows, refence and install new roofing/membranes at
the individual locations.

Owner’s Representative Services – Our construction Owner’s Representative services will help provide
accountability, clarity and an educated viewpoint to Muskegon team throughout the projects. We estimate the
restorative masonry, window replacement and reroof work will take approximately 18 weeks with a potential
additional 5 week mobilization due to masonry lead times, commencing the projects upon approval and completing in
late November 2021. These projects will require frequent onsite visits with documentation, supervision and leadership
throughout.

Below is a brief synopsis of the project costs. It includes a project total, as well as broken out costs for each location
and an expected spend for fiscal year 2020. Additionally, an attached project budget summary page is included for
reference.

        PROJECT TOTAL - $2,380,007

             •   Water Treatment – $1,572,773
             •   Harvey Booster - $807,203

                 Fiscal Year 2020 expected spend (included in Project Total, and broken out for reference):

             •   Water Treatment – $300,000
             •   Harvey Booster - $213,250

I look forward to working with the Muskegon team and am excited to help deliver these projects on time, on budget,
with an overall enjoyable, exciting, and simple process. My goal is to provide you with unprecedented value. Please,
as you review the proposal feel free to reach out and contact me with any questions. I appreciate the opportunity!

Sincerely:




Jeff Salowitz, Partner

Attachments

    •   Owner’s Representative & Subcontractor Budget Summary




Owner’s Rep Proposal                                      Page 1                               Muskegon Water Treatment
BID TAB & BIDDERS LIST
  Project: Muskegon Water Treatment
 Address: Beach Street
    Date: 4.13.2021


          Masonry & Restoration               Base Bid         Bond                   ALT 1                    NOTES                         Total
          Ram                              $328,014.00   $16,401.00              $38,000.00                                               $382,415.00
          Kent                           $1,510,000.00                                                                                   $1,510,000.00
          DV Masonry                       $450,000.00                                               Failed to Deliver on time.           $450,000.00
          DC Byers                               $0.00                                               Failed to Deliver on time.              $0.00
          JK Masonry                             $0.00                                               Failed to Deliver on time.              $0.00
          Potts Masonry                          $0.00                                                 Declined to propose                   $0.00
          Kortman Masonry                        $0.00                                               Failed to Deliver on time.              $0.00

          Roofing                             Base Bid                                ALT 1                    NOTES                         Total
          Ostrander                        $801,141.00     Included $             31,533.00                                               $832,674.00
          Hookstra                       $1,018,813.00                                                                                   $1,018,813.00
          Vandoorn                       $1,148,349.00                                                                                   $1,148,349.00
          J. Stevens                             $0.00                                                                                       $0.00
          Langerak                               $0.00                                                                                       $0.00
          Modern Roofing                         $0.00                                                                                       $0.00
          Weathershield                          $0.00                                                                                       $0.00
          Excel Roofing                          $0.00                                                                                       $0.00
          Certified Building Solutions           $0.00                                                                                       $0.00
          Lutz Roofing                           $0.00                                                                                       $0.00
          Mid-Michigan Roofing                   $0.00                                                                                       $0.00
          Tichenor Inc.                          $0.00                                                                                       $0.00
          McDonald Roofing                       $0.00                                                                                       $0.00

          Glass & Aluminum                   Base Bid                                  ALT 1                   NOTES                        Total
          Grand Valley Glass               $208,575.00     Included                                                                      $208,575.00
          Lakeshore Glass                  $269,270.00                            $20,895.00                                             $290,165.00
          Vos Glass                        $212,700.00                                                                                   $212,700.00
          Huskey Glass                                                                                                                      $0.00
          Store Fronts                                                                                                                      $0.00

          Plumbing                           Base Bid                                  ALT 1                   NOTES                         Total
          DHE                              $44,000.00      Included                                                                       $44,000.00
          Godwin                           $62,600.00
          River City Mech                                                                                 Failed to deliver
          Gale Plumbing                                                                                   Failed to deliver

          Mechanical                         Base Bid         Bond                                             NOTES                         Total
          DHE                              $75,400.00      Included                                                                       $75,400.00
          River City Mech                                                                                 Failed to deliver
          Martech                                                                                         Failed to deliver

          Electrical                         Base Bid         Bond                     ALT 1                   NOTES                         Total
          CSE                               $67,720.00     Included                                                                       $67,720.00
          Mellema Electric                       $0.00                                                    Failed to deliver
          Highpoint Electric                     $0.00                                                    Declined to bid
          DPE                                    $0.00                                                    Failed to deliver
          Elder Electric                         $0.00                                                    Declined to bid

          Earthwork                          Base Bid                   ALT 1 - 10lb Machine                   NOTES                        Total
          Accurate                         $183,500.00     Included               -$62,360.00                                            $183,500.00
          Pater Bobcat                           $0.00                                                    Failed to deliver                 $0.00
          Steenwyk Excavating                    $0.00                                                    Declined to bid                   $0.00
          Lobezoo Trenching                      $0.00                                                    Failed to deliver                 $0.00
          Advanced Excavating                    $0.00                                                    Declined to bid                   $0.00
          JW Potter                              $0.00                                                    Declined to bid                   $0.00
          Oetman Excavating                      $0.00                                                    Failed to deliver                 $0.00
          Thornapple Excavating                  $0.00                                                    Failed to deliver                 $0.00

          Fencing                            Base Bid                                  ALT 1                   NOTES                        Total
          Boerman Fence                     $48,344.22     Included                                                                       $48,344.22
          Straight Line Fencing             $51,000.00    $2,550.00                             Failed to deliver to the City on time.    $53,550.00
          Fence Consultants                 $64,758.00    $3,237.90                                                                       $67,995.90
         Project Name:               Muskegon Water Works                                           General Project Info:                                                                Total                  Unit Price

      Project Address:                   1900 Beach Street                                                Use        Water Treatment                                    Site Acreage          NA                  #VALUE!


                     Client:              City of Muskegon                                         Structure               Masonry                               Building Gross SF            NA                  #VALUE!


               Architect:                      Abonmarche                                          Wall Type                     NA                              Building Foot Print          NA                  #VALUE!


        Estimate Type:                         Construction                                  MEP Systems                         NA                           Building Heated SF              NA                  #VALUE!


         Drawing Date:                            3-17-2021                                    # of Floors                       2                                      Total Unit SF         NA                  #VALUE!


                     LEED:                           NO                                                                                                                   # of Units          NA                  #VALUE!


              Taxable:                              6.0%
         Labor Burden:                             60.0%                             Project Schedule:                                                 Project Cost Estimate: $         2,380,007
                                                                                                        Start        Finish
                                                            Preconstruction   10.1   Weeks          02/15/21     04/27/21
                                                                              18.0   Weeks
                                                         Construction Phase                         04/27/21     08/31/21
                                                                              4.16   Months



                                                                                                            PROJECT ESTIMATE DETAIL
                               Description                                    Unit   Quantity                   CS                       Subs & Consultants                   Reimbursables                     Comments                       Category Total

Preconstruction Services
                                                                                                                                                                                                                                                              7,200
                               Construction Simplified                         LS             1     $                    7,200       $                       -      $                              -   See Precon Services Detail Sheet


                                                                                                                                                                                                                                                              7,200



                                                                                                         Direct Costs or Estimates                          Subcontractor
                               Description                                    Unit   Quantity                                                                                            Other                  Comments                       Category Total
                                                                                                        Labor        Material         Equipment       $$$                  Name

Cost of Work


           042                 MASONRY                                         LS             1                                                      382,415.00             RAM                                                                             382,415

         Treatment              15% overage for tuckpointing & Damage brick    EA            120

         Treatment              Temp in Windows on daily basis                 EA            120
         Treatment              Clean & Reseal Control Joints                  LF            200
         Treatment              New Control Joints                             LF            300
         Treatment              Remove & Replace Stone Bands                   LF             9
         Treatment              Remove & Replace Stone Caps                    LF             8
         Treatment              Remove & Replace Stone Sills                   EA             1
         Treatment              Remove & Replace Stone Trim                    LF             6
         Treatment              Remove & Replace Stone Panels                  SF             50
         Treatment              Remove & Reinstall Limestone Panels            SF             28
         Treatment              Patch Limestone Panels                         SF            100
         Treatment              Seal Limestone Fractures                       SF             15
         Treatment              Tuckpoint Brick                                SF       2,000
         Treatment              Brick Removal/Replacement/Infill               SF       1,633
         Treatment              Glazed block                                   U
         Treatment              Repair spalling concrete on beams.             EA             7
         Treatment              Repair spalling concrete on columns            EA             2
         Treatment              Provide all necessary shoring                  LS             1




                                                                                                                                Page 1 of 5                                                                                   Water Treatment budget w sub numbers
                                                                                   Direct Costs or Estimates                  Subcontractor
            Description                                         Unit   Quantity                                                                           Other   Comments                    Category Total
                                                                                  Labor     Material        Equipment   $$$                Name

Treatment    Brick Veneer Replacement                            SF       1,167
               Furnish Continuous Flashing behind Brick
Treatment                                                        LF         275
               Veneer
Treatment    Provide all rigging or scaffolding                  LS          1
 Harvey      Clean concrete panels                               LS          1


Treatment    Lintel Replacement
Treatment     L1 Lintel Replacement                              EA         51
Treatment     L2 Lintel Replacement                              EA          4
Treatment     L3 Lintel Replacement                              EA          1
Treatment     L4 Lintel Replacement                              EA          2
Treatment     L5 Lintel Replacement                              EA         14
Treatment     L6 Lintel Replacement                              EA         34
Treatment     L7 Lintel Replacement                              EA         14
Treatment     L9 Lintel Replacement                              EA          1




  075       MEMBRANE ROOFING                                                                                                                                                                              832,674
Treatment    Roofing - Labor                                     LS          1                                          487,000.00       Ostrander
Treatment    Roofing - Material                                  LS          1                                          132,424.00        Garland
  Harvey     Roofing - Material - Harvey Tank Membrane           LS          1                                          213,250.00        Garland
             Demo Roof (ballast, insulation, membrane,
Treatment                                                        SF      21,025
             flashing, fascia, blocking) - dispose offsite
Treatment    Remove existing concrete pavers                     SF         900

Treatment    Remove existing roof stacks & repair roof deck      EA         14
Treatment    Replace perimeter blocking as needed.               LS           1
Treatment    Replace wood roof curbs                             LS           1
Treatment    Replace Existing 2x4 treated blocking               LF         950
Treatment    Replace wood sleepers                               EA          2
Treatment    Protect Equipment Allowance                         LS          1
Treatment    Furnish Fascia                                      LF         950
             Install New Roof System (tapered ins,
Treatment                                                        SF      21,025
             membrane, etc)
             A full 10% retainage will be held indefinetely
             until 100% completion of roof and
Treatment    manufacturers warranty are issued. Any              LS          1
             additional material is the responsibility of the
             subcontractor in entirety.



  084       GLASS & ALUMINUM                                     LS          1                                          208,575.00   Grand Valley Glass                                                   208,575
             Demo Existing Windows (No Abatement
Treatment                                                        EA         120
             Assumed)
Treatment    Provide Flashing w/ Drip @ Windows                  LF         688
Treatment    Provide Thermally broken window type:
Treatment     A                                                  SF       1,785
Treatment     B                                                  SF         33
Treatment     C                                                  SF         234
Treatment     C-1                                                SF         48
Treatment     D                                                  SF         54
Treatment     E                                                  SF         400
Treatment     F                                                  SF         150
Treatment     G                                                  SF         153
Treatment     G-1                                                SF         18
Treatment     H                                                  SF         480
Treatment     J                                                  SF         100
Treatment    Caulk all perimeters - Inside & Outside             LF      15,000



  221       PLUMBING                                             LS          1                                           44,000.00         DHE                                                              44,000




                                                                                                       Page 2 of 5                                                           Water Treatment budget w sub numbers
                                                                                                  Direct Costs or Estimates                  Subcontractor
                         Description                                           Unit   Quantity                                                                        Other        Comments                    Category Total
                                                                                                 Labor     Material        Equipment   $$$              Name

         Harvey              Demo existing 6" san line                          LF         50
         Harvey              Install new 6" san line                            LF         50
         Harvey              Provide all scaffold & OSHA safety                 LS          1



          230            MECHANICAL                                             LS          1                                           75,400.00        DHE                                                                 75,400
        Treatment            Remove outside air duct                            LS          1
        Treatment            Remove window in prep for new Louver               SF         50
        Treatment            Cap & insulate duct at wall                        LS          1
        Treatment            Furnish and install new louver & duct              LF         10
        Treatment            Install new louver                                 EA          1
        Treatment            Remove Existing Fan                                EA          4
        Treatment            Remove & prep fan location                         EA          2
                             Remove louvers & accessories, prep for new
        Treatment                                                               EA          2
                             louver
        Treatment            Remove exhaust fan, prep for new                   EA          4
        Treatment            Furnish EF-1                                       LS          2
        Treatment            Furnish EF-2                                       LS          4
        Treatment            Furnish SF-1                                       LS          2
        Treatment            Furnish SF-2                                       LS          4
        Treatment            Furnish LV-1                                       LS          4



          260            ELECTRICAL                                             LS          1                                           67,720.00    CS Erickson                                                             67,720
                             Remove fan wiring - pull back to source & label
        Treatment                                                               EA         10
                             as spare
        Treatment            Supply power to SF-2                               EA          2
        Treatment            Supply power to EF-2                               EA          2
        Treatment            Supply power to EF-2                               EA          2
        Treatment            Supply power to SF-2                               EA          2
        Treatment            Provide fan control contactor & switch             EA          2
        Treatment            Supply power to SF-1                               EA          4
        Treatment            Supply power to LV-1                               EA          4
         Harvey              Supply conduit to gate                             LF         150
         Harvey              Provide card reader for motorized gate             EA          1
         Harvey              Connect motorized gate                             EA          1
         Harvey              Track broken Conduit on T&M                        LS          1



                         EARTHWORK                                              LS          1                                          183,500.00     Accurate                                                             183,500
         Harvey              Remove & store tops soils                          SY
         Harvey              Strip sand & soil down to deck                     SY
         Harvey              Power broom deck                                   SY
         Harvey              Lay soil back down                                 SY
         Harvey              Topsoil and Hydro seed                             SY



                         FENCING                                                LS           1                                          48,345.00   Proline Fencing                                                          48,345
         Harvey              Demo Existing Fence                                LF       1,200
         Harvey              6' Fence w/ Barbed wire                            LF       1,200
         Harvey              Rolling gate with Hydrolic system & Controls       EA          1




                                                                                                                                                                              Cost of Work Subtotals             1,842,629
Allowances & Contingencies


                         Owner Allowance(s)                                     LS          1                                                                                                                              202,850




                                                                                                                      Page 3 of 5                                                             Water Treatment budget w sub numbers
                                                                                                   Direct Costs or Estimates                      Subcontractor
                       Description                                      Unit        Quantity                                                                               Other                   Comments                         Category Total
                                                                                                  Labor     Material        Equipment       $$$                 Name

        Treatment       10% for brick tuckpointing - unit 1              SF              150                                                     8.00
        Treatment       10% for brick remove & replace- unit 2           SF              250                                                    11.00
        Treatment       25% for damaged glazed block - unit 3            SF              300                                                    36.00
        Treatment       Masonry Restoration                              LS                1                                                30,000.00                                     Based on 10% of masonry contract
        Treatment       Demo Glass Block Openings                        EA               30                                                 1,470.00

         Harvey         Demo & Replace Stair - Assumes rail & Inserts    LS                  1                                              10,000.00
        Treatment       Temp all windows - Allowance                     EA              120                                                   500.00
          Harvey        Temp all windows - Allowance                     EA               13                                                   500.00
        Treatment       South Filter Building - Added Supervision        LS                1                                                18,000.00
        Treatment       South Filter Building - Added PM Time            LS                1                                                19,500.00


                       Owner Change Order Fund                           %             2.50%                                                                           $     1,842,629                                                            46,066


                       Construction Contingency                          %             2.50%                                                                           $     1,842,629                                                            46,066


                       Scope Specific Contingencies:                                                                                                                                                                                                      0


                                                                                                                                                                            Allowance & Contingencies Subtotals                        294,981
Value Enhancement


                       Accepted VE                                                                                                                                                                                                                        0


                       Pending VE                                                                                                                                                                                                                         0


                       Suggested VE                                                                                                                                                                                                              (62,360)
         Harvey        Use larger Equipment to strip Harvey Tank         LS                  1                                              -62,360.00

                                                                                                                                                                                       Value Enhancement Subtotals                     (62,360)
Construction Support


                       General Conditions                                LS                  1                                                                         $       98,360           See GCs Detail Sheet                              98,360


                       Building Permit                                   LS                  1                                                                         $       16,659                                                             16,659
                        BUILDING PERMIT       (1 = YES, 0 = NO)                 1                                                                                      $     2,324,715           Project Total Value
                        JURISDICTION                                       Muskegon
                        COST FOR FIRST $1,000.00                        40.00                40
                        COST FOR EACH ADDITIONAL $1,000.00              6.50           15104
                        PLAN REVIEW FEE (IF PROJECT > 1,000,000)        10%             1514


                       Bonding                                                                                                                                                                                                                            0
                        Surety Bond                                      LS              -                                                                             $           -


                       Insurances                                                                                                                                                                                                                         0
                        Liability Insurance                              %             0.00%                                                                           $           -
                        Design Build Insurance                           LS              -                                                                             $           -
                        Builder's Risk Insurance                         LS              -                                                                             $           -                Not Required


                       Inspections & Testing                                                                                                                                                                                                       3,500
                        Materials Testing                                LS                  1                                          $         3,500   Allowance


                        Trade 3rd Party Testing                          LS                  1                                          $           -     Allowance


                       Survey & Layout                                                                                                                                                                                                                    0
                        Site & Utility Staking                           LS                  1                                          $           -     Allowance


                        Building Construction Staking                    LS                  1                                          $           -     Allowance




                                                                                                                       Page 4 of 5                                                                                 Water Treatment budget w sub numbers
                                                                             Direct Costs or Estimates                         Subcontractor
                         Description                  Unit   Quantity                                                                                     Other                 Comments                      Category Total
                                                                            Labor        Material        Equipment       $$$             Name

                                                                                                                                                                   Construction Support Subtotal                 118,519


                         Description                  Unit   Quantity               CS                      Subs & Consultants                 Reimbursables                    Comments                      Category Total

Construction Management Services


                        Construction Simplified        LS          1    $                   77,780      $                       -   $                             265    See CM Services Detail Sheet                       78,045


                        Construction Management Fee    %        1.65%   $                2,341,374                                                                                                                          38,633


                                                                                                                                                               Construction Management Subtotal                           116,678




                                                                                                                                                                                                            $    2,380,007


                                                                                         END OF ESTIMATE




                                                                                                    Page 5 of 5                                                                              Water Treatment budget w sub numbers
                                                    Muskegon Water Works
                                                              Construction
                                                               4/20/2021
                                                                                                                               Total
Preconstruction Phase Services
             Preconstruction Services - Previously Included                                                             $              7,200
                                                                                        PreConstruction Sub Total:      $              7,200
Cost of the Work                                                                                                        $        1,842,629
        042 MASONRY                                                                        $                 382,415
        075 MEMBRANE ROOFING                                                               $                 832,674
        084 GLASS & ALUMINUM                                                               $                 208,575
        221 PLUMBING                                                                       $                  44,000
        230 MECHANICAL                                                                     $                  75,400
        260 ELECTRICAL                                                                     $                  67,720
        031 EARTHWORK                                                                      $                 183,500
        032 FENCING                                                                        $                  48,345

Allowances and Contingencies
             Owner Allowance(s)                                                                                         $          202,850
             Owner Change Order Fund                                            2.5%                                    $           46,066
             Construction                                                       2.5%                                    $           46,066
                                                                                        Cost of the Work Subtotal:      $       2,137,610
Construction Support
     General Conditions                                                                                                 $           98,360
     Building Permit                                                                                                    $           16,659
     Bonding                                                                                                            $              -
     Insurances                                                                                                         $              -
     Inspections & Testing                                                                                              $            3,500
     Survey & Layout                                                                                                    $              -
                                                                                   Construction Support Subtotal:       $         118,519
Construction Phase Services
  LABOR                                                                                                                 $           78,045
  FEE / OH&P                                                                                                            $           38,633
                                                                              Construction Phase Services - Total:      $         116,678

                                                        Total Estimated Construction Contract Value: $                       2,380,007
Value Enhancement
                 A deduct of $62,360 could be taken should a larger piece of equipment deemed safe to use at Harvey. This is due to
           1.
                 increased efficiency.
                 Deduct of $5,500 to eliminate floor coring, floor drain body material, grouting new bodies and associated labor at Harvey
           2.
                 is available should the floor drains prove to be sound.
           3.    An ADD of $1700 to replace (1) water closet, (1) wall hung lavatory, & (1) wall hung type service sink.

                 At Harvey, there is a broken conduit that potentially needs to be replaced. The credit to reuse the conduit is $13,684. The
           4.
                 Electrician can perform this work on a T&M NTE basis with time tickets to capture cost savings for the Owner.


Qualifications, Inclusions, & Exclusions:

           1. No Winter Conditions are included.


                Supervision hours have been included with appropriate allowances to provide efforts upon a longer construction schedule
           2.
                due to lead times.




                                                                                                                                    Page 1 of 1
                                                                                                                                     4/20/2021
                      Agenda Item Review Form
                       Muskegon City Commission
Commission Meeting Date: 04/27/2021                     Title: Marshall Street Water Tower Painting

Submitted By: Joe Buthker                               Department: Public Works - Filtration

Brief Summary: Staff is requesting authorization to contract with Fedewa, Inc. for painting and
modifying the Marshall Street water tower.

Detailed Summary:
The Marshall Street water tower is located in the Jackson Hill neighborhood and highly visible from
the Moses J. Jones Parkway. The tower’s exterior and interior coatings are beyond their expected
lifetimes, and a 2019 inspection found the coatings to be deteriorating and delaminating. The
exterior tower coating continues to chalk, fade, and lose its gloss.
The project will involve a complete overcoat of the tower exterior and also includes repairs to the
interior coating. Additionally, the cathodic protection system that prevents corrosion of the structure
has failed and will be replaced. Other modifications will take place to bring the tower into
compliance with current safety standards and drinking water regulations. The artwork on the tower
will be changed to the Muskegon Public Schools symbol with the phrase Big Red Nation.
Staff continues to work alongside Dixon Engineering to oversee the design,
bidding, construction, and post-construction phases of this project. Dixon has
extensive knowledge of the city’s water towers and has managed many of our
past water tower projects and inspections. Nine proposals were received for painting and
modifying the water tower. Dixon has evaluated the bids and recommends the lowest bid of
265,699.00 from Fedewa, Inc.
This project is budgeted as part of the FY 20-21 budget. The project is scheduled to begin in
September, so funds will be carried over to the budget for FY 21-22.

Amount Requested: $265,699.00                         Amount Budgeted: $325,000.00

Fund(s) or Account(s): 591-92035                      Fund(s) or Account(s): 591-92035

Recommended Motion:
Authorize staff to contract with Fedewa, Inc. in the amount of $265,699.00 to paint and modify the
Marshall Street water tower.

Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
       DIXON                                                                            1104 Third Avenue
                                                                                        Lake Odessa, MI 48849
                                                                                        Telephone: (616) 374-3221
       ENGINEERING & INSPECTION SERVICES                                                Fax: (616) 374-7116

       FOR THE COATING INDUSTRY


April 16, 2021


Mr. Joe Buthker
City of Muskegon
1900 Beach St.
Muskegon, MI 49441

Subject: Marshall Street Tank Exterior, Dry Interior, and Wet Interior Painting WFP-21-001–
Recommendation for Award
Dear Joe:

Dixon Engineering has reviewed the bids submitted for the exterior overcoat, dry interior repaint,
wet interior spot repaint, and miscellaneous repairs of the City’s 1,000,000 gallon Marshall
Street tank and recommends award to the low bidder, Fedewa Inc., of Hastings, MI, for the bid
amount of $265,699. This includes all line items bid and is below our project estimate for this
scope of work of $272,000 from our 2019 report. Bidding was competitive with nine bids
received, and the first and second low bidders separated by only 13%. Fedewa is a prequalified
contractor with Dixon and has successfully completed many similar projects. Their recent
projects include tanks in Wyoming, Grandville, East Lansing, and Byron Gaines Twp.

Enclosed for your review and action is the Notice of Award. After City approval, please sign
and forward three copies to the contractor for signature. Instruct the contractor to return one
copy to the City, forward a copy to our office, and retain a copy for his files. Also, please notify
the contractor he is to forward to our office the required bonds and certificate(s) of insurance for
inclusion in the contract documents.

If you have any questions regarding our recommendation, please contact me at (616) 374-3221,
Ext. 309 or (616) 292-1288.

FOR DIXON ENGINEERING INC.,




Eric Binkowski
Project Manager



            Members: Society of Protective Coatings • American Water Works Association

                                   Consulting Engineers Council
                                                    Muskegon, Michigan - 1,000,000 Gallon Radial Arm (Marshall St.)
                                                          2021 Water Tower Painting Project -April 6, 2021
                                   LC United              Seven Brothers      Fedewa                Viking Industrial     L&T Painting           PT&T
                                   Sterling Hgts,         Shelby Twp.,        Hastings,             Omaha,                Shelby Twp.,           Henderson,
                                   MI                     MI                  MI                    NE                    MI                     KY
Section 05 00 00
Wet Interior Roof Hatch (1)                      3,500                7,200                 4,000                5,500                3,500                    3,550
Overflow Pipe Discharge Mod. (2)                 3,000                2,900                 4,699                5,000                3,000                    3,550
Wet Interior Ladder (3)                          9,500                9,000                12,900               14,000                9,000                    8,740
Roof Railing Section (4)                         3,500                8,400                 7,100               14,000                6,800                   10,730
Total Section 05 (1-4)                          19,500               27,500                28,699               38,500               22,300                   26,570

Section 09 97 13
Exterior Overcoat (1)                         184,000               195,550               180,000              258,800              255,600               417,725
Wet Interior Spot Repaint (2)                  42,000                72,100                10,000               43,650               38,300                43,765
Dry Interior Repaint (3)                       27,000                42,675                20,000               70,000               26,340                62,165
Lettering (4)                                   6,500                 9,500                 2,000               11,500                4,000                 8,735
Total Section 09 (1-4)                        259,500               319,825               212,000              383,950              324,240               532,390

Section 26 00 00
Cathodic Protection System (1)                  25,500               27,000                25,000               32,500               24,800                   39,985

Project Total                                 304,500               374,325               265,699              454,950              371,340               598,945

Antennas & Cables                                   200               1,500                  500                  4,500                  2,000                 1,000

Bid Bond
                                                                                                                          Corrected Amount




                                                                                      1
                                                Muskegon, Michigan - 1,000,000 Gallon Radial Arm (Marshall St.)
                                                      2021 Water Tower Painting Project -April 6, 2021
                                   Southern Rd. & Bridge   TMI Coatings             V&T
                                   Tarpon Springs,         St. Paul,                Farmington Hills,
                                   FL                      MN                       MI
Section 05 00 00
Wet Interior Roof Hatch (1)                        4,000                    5,900                  6,000
Overflow Pipe Discharge Mod. (2)                   3,000                    6,700                  3,500
Wet Interior Ladder (3)                           22,000                   26,900                 12,000
Roof Railing Section (4)                          12,000                   10,500                  9,500
Total Section 05 (1-4)                            41,000                   50,000                 31,000

Section 09 97 13
Exterior Overcoat (1)                            200,000                  308,900                220,000
Wet Interior Spot Repaint (2)                    100,000                   56,000                 25,000
Dry Interior Repaint (3)                         253,000                   93,800                 30,000
Lettering (4)                                      5,000                   15,300                  5,000
Total Section 09 (1-4)                           558,000                  474,000                280,000

Section 26 00 00
Cathodic Protection System (1)                    40,000                   37,000                 35,000

Project Total                                    639,000                  561,000                346,000

Antennas & Cables                                  1,000                    6,000                  1,000

Bid Bond
                                                                                    Corrected Amount




                                                                                      2
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: April 27, 2021                Title: Hartshorn Marina Engineering
                                                       Services

Submitted By: Leo Evans                                Department: Public Works

Brief Summary:
Staff is requesting authorization to hire Abonmarche to provide engineering services related to
previously identified facility improvements needed at Hartshorn Marina.


Detailed Summary:
Staff worked directly with Abonmarche to develop a proposed scope of work based upon the
Engineering Study that was prepared by Abonmarche related to necessary facility improvements at
Hartshorn Marina. Staff and the Commission have previously pursued MDNR grants to help fund the
project but were unsuccessful and did not see a path forward utilizing MDNR (or other) grants for the
project, as such staff is recommending that the project be pursued with ARPA funds or through a Bond
Sale to expedite the necessary upgrades to the facility.

The project work will include needed repairs to the marina, and does not include any clubhouse or pool
items that have been the point of previous discussions. Improvements will focus largely on dock
replacement, electrical upgrades, and other associated items to serve the existing use of the site. The
intention is to design the project over the summer and construct in the Fall of 2021 / Spring of 2022 to
have the upgrades in place before the 2022 Season.

The proposal as presented in the packet requires minor revisions a

Staff worked directly with Abonmarche to prepare this proposal rather than soliciting proposals based
on their prior familiarity with the site obtained during the preparation of the Engineering Study. Their
proposed costs were reviewed and appear reasonable based on an approximately $2.0M scope.


Amount Requested: $230,600                            Amount Budgeted: $2,500,000
                                                      20/21 - $30,000
                                                      21/22 - $2,470,000

Fund(s) or Account(s): 594-TBD-5346                   Fund(s) or Account(s): 594-TBD-5346

Recommended Motion:
Authorize staff to hire Abonmarche to provide Engineering Services related to facility
improvements at Hartshorn Marina.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
April 20, 2021
Attn: Mr. Leo Evans, P.E.
City of Muskegon
131 E. Apple Avenue
Muskegon, MI 49442
Leo.evans@shorelinecity.com


Re:       City of Muskegon – Hartshorn Marina
          Proposal for Engineering Services (Rev1)


Dear Mr. Evans:
Thank you for contacting Abonmarche regarding improvements to Hartshorn Marina. Per our
recent meeting and subsequent discussions, Abonmarche is pleased to present this proposal
for engineering and construction administration services for an initial Phase of improvements to
the facility. Our staff has extensive experience with Great Lakes marinas and, in particular, with
Hartshorn Marina. We look forward to helping the City of Muskegon in updating the marina.


UNDERSTANDING
We understand that the City is planning to make improvements independently and is planning
to fund the project through bonds. This proposal is based upon design and construction
administration of a project with a construction cost of $2,000,000. Although the final
construction scope of 2021-22 Improvements Phase has yet to be determined, the City has
requested design phase services for the following components, which are listed in general
order of priority:
         Floating T-Dock Replacement
         NEC & NFPA Code Upgrades
         North Floating Dock Replacement
         Sidewalk and Settlement Repairs
         ADA Improvements to Boater Services Building and Office
         Security/fence improvements
It is possible that not all of the above will be budgeted for the 2021-22 Improvements Phase,
subject to ongoing reviews by the City.
                                                                                                                                     Mr. Leo Evans
                                                                                                                                 City of Muskegon
                                                                                                                Hartshorn Marina – Proposal (Rev1)
                                                                                                                                      April 20, 2021
                                                                                                                                       Page 2 of 9




SCOPE OF SERVICES
We propose the following Scope of Services:
Task 1 – Topographic Survey
Abonmarche will complete an updated topographic survey of the project area, as outlined
below. The main basin area (3 acres +/-) will be the priority survey area, followed by the small
boat basin and launch area (6 acres +/-). This information will be needed for design
development and will be necessary for the preparation of permit application drawings. We will
survey the docks, promenade, parking areas, surface features, curbs, and other site
components which are visible from the surface. Approximate parcel limits will be depicted
based upon record information provided by the City and the location of site monuments, if
found. The deliverable for this task will be a survey drawing with contours expressed in one-foot
interval contour lines and spot elevations. This drawing will be provided in print and PDF
formats.




Figure 1: 2018 Google aerial image; Main basin survey limits shown in orange (approx. 3 AC)




                               O:\Proposals\_Michigan\Governmental\City of Muskegon\2021\Hartshorn Marina\2021-04-20 Muskegon Hartshorn Marina_Proposal - Rev1.docx
                                                                                                                                     Mr. Leo Evans
                                                                                                                                 City of Muskegon
                                                                                                                Hartshorn Marina – Proposal (Rev1)
                                                                                                                                      April 20, 2021
                                                                                                                                       Page 3 of 9




Figure 2: 2018 Google aerial image; Small boat basin/launch survey limits shown in yellow (approx. 6 AC)



Task 2 – Preliminary Design
Shortly after receiving the notice to proceed, Abonmarche will meet with the City of
Muskegon and F3 Marinas to review the project scope, confirm guiding principles, and
establish milestones. We will also plan to visit the facility to collect measurements, observe
current conditions, and evaluate potential issues not previously identified.
Abonmarche will then prepare preliminary plans for the new floating docks, utility
improvements, site repairs, building ADA improvements, and site security needs. Site plans will
include a removals plan, if needed, to define sidewalk or pier removals. Plans will be based
upon the ‘Preferred Plan’, dated February 1, 2019, from the Hartshorn Marina Preliminary
Engineering Study (see Figure 2). Abonmarche will rely upon site observations, 2021
topography (Task 1), and record bathymetric survey data collected in 2002. We understand
issues with depths have not been an issue and therefore assume that dredging work is
excluded from the scope of the project at this time. We will coordinate with F3 Marinas and
the City to adjust the slip mix in the T-Head Dock and North Dock. As the slip mix and layout
are finalized, Abonmarche will prepare preliminary plans for review and for use in permitting.




                               O:\Proposals\_Michigan\Governmental\City of Muskegon\2021\Hartshorn Marina\2021-04-20 Muskegon Hartshorn Marina_Proposal - Rev1.docx
                                                                                                                                      Mr. Leo Evans
                                                                                                                                  City of Muskegon
                                                                                                                 Hartshorn Marina – Proposal (Rev1)
                                                                                                                                       April 20, 2021
                                                                                                                                        Page 4 of 9




Figure 3: Preferred Plan (02/01/2019)

The plans will include the following primary considerations:
      Marina Electric: Abonmarche will coordinate with an electrical sub-consultant in order
       to design appropriate electrical distribution and protection per NEC standards.
      ADA: Building modifications and new docks will be designed to achieve facility
       compliance with the Americans with Disabilities Act (ADA)
      Anchorage: Floating dock anchorage types will be considered as plans are developed
       for permitting and for eventual bidding.
      Layouts will be developed in general compliance with 2003 State of Michigan Harbor
       Development Standard Guidance and ASCE Manual 50, Planning and Design
       Guidelines for Small Craft Harbors. Slip lengths, overload slips, and other factors will be
       considered with regard to appropriate dimensioning.
A draft of the preliminary plans, specifications outline, and opinion of probable cost will be
developed and reviewed with the City and F3 Marinas. After the meeting and after sufficient
review period, Abonmarche will address comments and prepare the final version of the
preliminary plans for use in permitting.




                                O:\Proposals\_Michigan\Governmental\City of Muskegon\2021\Hartshorn Marina\2021-04-20 Muskegon Hartshorn Marina_Proposal - Rev1.docx
                                                                                                                                   Mr. Leo Evans
                                                                                                                               City of Muskegon
                                                                                                              Hartshorn Marina – Proposal (Rev1)
                                                                                                                                    April 20, 2021
                                                                                                                                     Page 5 of 9




This phase includes up to two (2) on-site meetings with City Staff and F3 Marinas, as
appropriate, given Covid19 mandates. This task assumes one (1) submittal to the City for
review of preliminary plans.
   Task 2 Deliverables:
          Refined work plan/project program; detailed project schedule
          Draft and final versions of preliminary plans
          Specifications outline
          Opinion of probable cost


Task 3 – Joint Permit Application & Permit Processing
Abonmarche will prepare a Joint Permit Application (JPA) for submittal to both the Michigan
Department of Environment, Great Lakes & Energy (EGLE) and the U.S. Army Corps of
Engineers (USACE). The JPA package will include a cover letter, 8.5” x 11” format permit
drawings, and completed joint permit application. Prior to submitting the JPA, Abonmarche
will provide a final draft to the City of Muskegon for review.
After the submittal of the JPA, Abonmarche will provide complete permit processing services
on an as-needed basis. We will respond to agency follow-up request, meetings, drawing
revisions, clarifications, and other efforts necessary to respond to agency concerns and
questions. Permit processing is proposed on a budgetary basis and will ultimately depend
upon agency needs and requests. This assumes a straightforward permitting process involving
a single submittal to both regulatory agencies. Fees for permit applications to be paid by the
City.
   Task 3 Deliverables:
          Draft & final JPA package


Task 4 – Final Design
Abonmarche will address comments from F3 Marinas, regulatory agencies, and the City of
Muskegon in the development of a final design package. The package will include all of the
project components outlined above in Task 2 and will identify those elements which will be
included in the 2021-22 construction scope. Final plans will detail the floating dock layouts,
anchorage requirements (typically performance-based), electrical and potable water
systems, sidewalk repair sections, and building improvements. Bid specifications will be




                             O:\Proposals\_Michigan\Governmental\City of Muskegon\2021\Hartshorn Marina\2021-04-20 Muskegon Hartshorn Marina_Proposal - Rev1.docx
                                                                                                                                   Mr. Leo Evans
                                                                                                                               City of Muskegon
                                                                                                              Hartshorn Marina – Proposal (Rev1)
                                                                                                                                    April 20, 2021
                                                                                                                                     Page 6 of 9




developed to detail material, performance, and execution requirements. Abonmarche will
also prepare an updated opinion of probable cost and contract documents. If
specific/standard City contract documents or conditions must be included, we will
incorporate them into the package. A draft final design package will be submitted to the City
and F3 Marinas for review and comment. Abonmarche will then meet with the project team
to review the package and address comments.
A final design package will be prepared for use in bidding the project to qualified contractors.
This proposal assumes that a single bid package and single contract will be utilized to
construct the 2021-22 construction phase. If multiple contract/bid packages are needed,
additional efforts will be required, which are not currently included in this proposal.
This phase includes up to two (2) in-person meetings with the design team and up to one (1)
City Council meeting.
   Task 4 Deliverables:
         Draft and final versions of bid plans, specifications, and contract documents
         Opinion of probable cost
         Meeting summaries


Task 5 – Bidding and Award
Abonmarche will distribute project advertisements to the local newspaper, qualified
contractors known to Abonmarche, and others as directed by City Staff. The bid will be
administered electronically through Abonmarche’s online bidding website and/or the City’s
website. We will address questions and issue addenda as needed. Fees for advertising will be
paid by the City.
This phase includes attendance of a pre-bid conference and bid-opening. Abonmarche will
also tabulate bids, review bidder references, and submit a contract award recommendation.
Note that increased efforts during bidding of a project that includes performance-based
floating dock specifications are anticipated, per our experience. We will work with you and
with F3 Marinas to identify means for tightening the specification where appropriate.
   Task 5 Deliverables:
         Bid tabulation
         Award recommendation




                             O:\Proposals\_Michigan\Governmental\City of Muskegon\2021\Hartshorn Marina\2021-04-20 Muskegon Hartshorn Marina_Proposal - Rev1.docx
                                                                                                                                      Mr. Leo Evans
                                                                                                                                  City of Muskegon
                                                                                                                 Hartshorn Marina – Proposal (Rev1)
                                                                                                                                       April 20, 2021
                                                                                                                                        Page 7 of 9




Task 6 – Construction Administration (Assumed 20-week ’21-22 Phase Only)
This task assumes a construction cost of $2,000,000 and a total construction period (excluding
temporary winter shut down periods) of 20 weeks. As the final construction scope is identified
based upon opinions of probable cost and City budget limitations, Abonmarche will revisit this
assumption and adjust this task, scope and fee, if needed. Abonmarche will administer
construction, including processing pay estimates, RFIs, submittals, change orders, punch list,
and related construction administration duties. This will also include construction staking of
landside improvements, set up of control for contractor layout of waterborne structures.
Abonmarche will attend and conduct all meetings necessary for the administration of the
construction contract. This is anticipated to include the pre-construction meeting, up to
nineteen weekly (19) progress meetings, a punch list walk-through, and site visit for verification
of completion and final acceptance. A total of eighteen (22) site visits are anticipated as part
of construction. We have also estimated office support time of eight hours per week.
   Task 6 Deliverables:
          Inspector daily reports
          Meeting agendas/summaries, progress reports
          Pay recommendations, submittal reviews


SCHEDULE
Abonmarche is available to begin the scope of work herein within one week of receipt of the
notice to proceed.
The following schedule is intended to illustrate the anticipated project schedule, subject to
start date, regulatory process, weather, and budget/funding constraints.
               Task                   Apr May Jun                   Jul     Aug Sep Oct Nov Dec Jan Feb Mar Apr
Task 1 - Topographic Survey
Task 2 - Preliminary Design
Task 3 - JPA & Permit Process
Task 4 - Final Design
Task 5 - Bidding & Award
Task 6 - Construction Admin




                                O:\Proposals\_Michigan\Governmental\City of Muskegon\2021\Hartshorn Marina\2021-04-20 Muskegon Hartshorn Marina_Proposal - Rev1.docx
                                                                                                                                    Mr. Leo Evans
                                                                                                                                City of Muskegon
                                                                                                               Hartshorn Marina – Proposal (Rev1)
                                                                                                                                     April 20, 2021
                                                                                                                                      Page 8 of 9




MEETINGS
This proposal assumes up to six (6) in-person meetings in Muskegon prior to award of the
construction contract (including the meetings defined above in Tasks 1-5). Construction period
site meetings are defined above in Task 6.
Attendance to one (1) City Council meeting is included in Task 4. However, if requested,
Abonmarche staff is available to attend on a time and materials basis.


EXCLUSIONS
Our proposal does not include any fees for obtaining record information or permit application
fees. The following services are specifically excluded from this proposal. If a need is identified,
Abonmarche is available to provide a proposal at your request.
   •   Bathymetric/boundary surveys
   •   Environmental or other special studies as may be required by regulatory agencies
   •   Local permitting – City or County
   •   Multiple bid/contracts
   •   Soil borings – geotechnical or environmental
   •   Quality Assurance testing of soil density and concrete




                              O:\Proposals\_Michigan\Governmental\City of Muskegon\2021\Hartshorn Marina\2021-04-20 Muskegon Hartshorn Marina_Proposal - Rev1.docx
                                                                                                                                     Mr. Leo Evans
                                                                                                                                 City of Muskegon
                                                                                                                Hartshorn Marina – Proposal (Rev1)
                                                                                                                                      April 20, 2021
                                                                                                                                       Page 9 of 9




FEES
Our fees to complete the above Scope of Services are estimated by task as follows,
including reimbursable expenses:

       Task 1 – Topographic Survey                                                $ 21,200
       Task 2 – Preliminary Design (2)                                            $ 37,400
       Task 3 – JPA & Permit Processing (1)                                       $ 7,700
       Task 4 – Final Design (2)                                                  $ 58,700
       Task 5 – Bidding and Award (2)                                             $ 7,400
       Task 6 – Construction Administration (2) (3)                               $ 98,200
                            Total Estimated Fee                                   $ 230,600

       1. Permitting phase assumes a straightforward process, with minimal agency requests
          after permit submittal.

       2. Tasks 2, 4, 5, and 6 include a total budget of $21,600 for Electrical Engineering. Scope
          and fee for electrical is pending final confirmation with Abonmarche’s subconsultant.
          We will advise if electrical budget will require modification.

       3. Construction administration fee is based upon a limited project size as described
          above. If the project construction budget estimate increases, Abonmarche will revisit
          the estimated fee and coordinate with you prior to construction.


Our actual billings will be based on current billable rates and reimbursement for expenses.
Your authorization of our standard professional services agreement (attached) will authorize us
to commence with the work. If you have any questions or need further clarification, please
feel free to contact me at (269)926-4559 or mmorphey@abonmarche.com.
Sincerely,
ABONMARCHE CONSULTANTS, INC.



Michael Morphey, PE, LEED AP                                                      Timothy R. Drews, PE, PTOE
Sr. Project Manager/Waterfront Group Director                                     Vice President

cc:    Christopher J. Cook, PE

Attachments:          Professional Services Agreement




                               O:\Proposals\_Michigan\Governmental\City of Muskegon\2021\Hartshorn Marina\2021-04-20 Muskegon Hartshorn Marina_Proposal - Rev1.docx
                                                                                                  Professional Services Agreement

                                                                                                            Abonmarche Project Number:

 AGREEMENT between         (Client name),      City of Muskegon                                                                       (Date)     4/20/2021

 (Client address)       1315 Keating Avenue, Muskegon, MI 49442                                                                 (Phone)   231.724.6920

 (Cell)    231.750.6369         (Fax)                                (Email) Leo.evans@shorelinecity.com                     hereinafter referred
 to as the Client, and Abonmarche Consultants, Inc., referred to as Abonmarche, of 95 West Main Street, PO Box 1088, Benton Harbor, MI 49023.

 The Client contracts with Abonmarche to perform professional services with regard to the Client’s project generally referred to as:
 (Project
 Name)            Hartshorn Marina Improvements                                                (Location)

 The professional services to be provided by Abonmarche, collectively referred to as the Work Plan, are as follows:

 (Scope of work)          As outlined in Abonmarche’s proposal dated April 20, 2021 (attached)



 (Project schedule)       As outlined in Abonmarche’s proposal dated April 20, 2021 (attached)

 (Special Provisions)

 Abonmarche’s proposal/work plan, dated           April 20, 2021                   is incorporated into this Agreement by reference, and is limited to the services
 described therein.

 The Client agrees to promptly pay for services provided by Abonmarche for the Scope of Work according to the following:

 (fee $)        As outlined in Abonmarche’s proposal dated April 20, 2021 (attached)

 Prior to commencement of services, the Client will specify any and all documentation that the Client requires for submission with the invoice for services
 provided by Abonmarche. Absent any special request from the Client, Abonmarche will send its standard form of invoice.

 If, after receipt of an invoice from Abonmarche, the Client has any questions, or if there are any discrepancies in the invoice, the Client shall identify the issue in
 writing within ten (10) days of its receipt. If no written objection is made within the ten (10) day period, any such objection shall be deemed waived.

 Abonmarche invoices are due upon receipt. The parties agree that interest of 1.5% per month will be added to any unpaid balance after 30 days.

 The Client has designated   Leo Evans                                               as its Representative. The Representative shall have the authority to
 execute any documents pertaining to this Agreement or amendments thereto, and for the approval of all change orders, addenda, and additional services to
 be performed by Abonmarche. The representative shall be the contact person for submission of all documents, invoices or communications.

 Authorization to Proceed and Guarantee of Payment: By signing this Agreement the Client authorizes Abonmarche to provide services described above, and
 that the Client is the responsible party for making payment to Abonmarche. By signing below, I acknowledge that I have received and agree to the Terms
 and Conditions on Page 2 of this Agreement, and I understand that the Terms and Conditions take precedence over all prior oral and written understandings.
 These Terms and Conditions can only be amended, supplemented, modified, or canceled by a written instrument signed by both parties. Any notice or other
 communications shall be in writing and shall be considered to have been duly given when personally delivered or upon the third day after being deposited
 into first class certified mail, postage prepaid, return receipt requested.

 Authorized Client Representative                       If Individual                                           Authorized Abonmarche Representative

 Client:        City of Muskegon                        Signature:                                              Signature:

 Signature:                                             Printed Name:                                           Printed Name:


 Printed Name:                                          Date of Birth:                                          Title:
                                                                                                                Originating        Abonmarche Consultants, Inc.
 Date Signed:                                           Driver’s License #:                                     Office:            95 W. Main Street
                                                                                                                                   PO Box 1088
 Federal Tax ID:                                        Employed by:                                                               Benton Harbor, MI 49023
                                                                                                                                   T 269.927.2295
                                                        Address:                                                                   F 269.927.1017

                                                        City/State                                              Date Signed:


                                                        Date Signed:




Revised 8-19-2014                                                                                                                                        Page 1 of 2
                                                                                                    Client pursuant to the services under this Agreement. Computer files of text, data,
TERMS AND CONDITIONS OF PROFESSIONAL SERVICES                                                       graphics, or of other types of electronic media are the sole possession of
AGREEMENT [2014 PSA edited per City of Muskegon, 11/2019]                                           Abonmarche, unless specifically stated otherwise in an amendment to this
1. Agreement. These Terms and Conditions shall be incorporated by reference and                     Agreement. Any electronic media provided under this Agreement to the Client
    shall prevail as the basis of the Client’s Agreement to Abonmarche. Any Client                  are only for the convenience of the Client. Any conclusions or information
    document or communication in addition to or in conflict with these Terms and                    obtained or derived from such electronic files will be at the user’s sole risk.
    Conditions shall be subordinate and subject to these provisions.                            15. Bonds and Permits. The Client will be responsible for the adoption of any site
2. Execution. Abonmarche has the option to render this Agreement null and void, if                  access or right of way bonds that may be initiated on their behalf. At completion
    it is not executed within thirty (30) days of delivery.                                         of Abonmarche’s services, the Client will take responsibility and pay any ongoing
3. Client Responsibilities. The Client will provide all criteria and information                    bond or permit costs for any bonded or permitted services.
    concerning the requirements of the Project. The Client will assume responsibility           16. Insurance. Upon request, the Client and Abonmarche will each deliver to the
    for interpretation of contract documents and for construction observation and                   other certificates of insurance evidencing their coverage. The Client will require
    will waive all claims against Abonmarche that may be in any way connected,                      the Contractor to purchase and maintain general liability and other insurance as
    unless Abonmarche’s services under this Agreement include full-time construction                specified in the Contract Documents and to cause Abonmarche and
    observation or review of contractor’s performance.                                              Abonmarche’s employees to be listed as additional insured with respect to such
4. Performance. The standard of care for services performed by or provided by                       liability and other insurance purchased and maintained by the Contractor for the
    Abonmarche will be the care and skill ordinarily used by Abonmarche’s profession                Project.
    practicing under similar circumstances at the same time and in the same locality.           17. Third party Invoicing. If the Client directs Abonmarche to invoice third party
    Abonmarche makes no warranty, expressed or implied, with respect to any                         payers, Abonmarche will do so, but the Client agrees to be ultimately responsible
    services provided by Abonmarche. Abonmarche will not be liable for any claim,                   for Abonmarche’s compensation until the Client provides Abonmarche with the
    damages, cost, or expense (including attorney’s fees) or other liability or loss not            third party’s written acceptance of all terms of this Agreement and until
    directly and solely caused by the negligent acts, errors, or omissions of                       Abonmarche agrees to the substitution.
    Abonmarche.                                                                                 18. Third Party Beneficiaries. Nothing contained in this Agreement shall create a
5. Hourly Billing Rates. If payment is on an hourly rate, Client will pay Abonmarche                contractual relationship with or a cause of action in favor of a third party against
    at the current hourly billing rates. The hourly rates are adjusted annually or as               either the Client or Abonmarche. Abonmarche’s services under this Agreement
    deemed appropriate.                                                                             are being performed solely for the Client’s benefit, and no other party or entity
6. Reimbursable Expenses. Reimbursable expenses, the actual costs incurred                          shall have any claim against Abonmarche because of this Agreement or
    directly or indirectly for the Client’s Project, will be charged at Abonmarche’s                performance or nonperformance of services hereunder.                  The Client and
    current rates. Examples of reimbursable expenses include, but are not limited to:               Abonmarche agree to require a similar provision in all contracts with contractors,
    mileage, tests and analyses, special equipment services, postage and delivery                   subcontractors, subconsultants, vendors and other entities involved in this Project
    charges, telephone and telefax charges, copying, printing, and binding charges,                 to carry out the intent of this provision.
    commercial transportation, meals, lodging, special fees, licenses, and permits.             19. Suspension of Services. In the event of non-payment by Client, Abonmarche will
    Subconsultant and outside technical or professional services will be charged on                 have the absolute right to cease performance of any services.
    the basis of the actual costs times a factor of 1.15.                                       20. Contractor’s Work: Abonmarche shall have no authority to direct or control the
7. Additional Services. Additional services that may be provided pursuant to the                    Work of the Contractor or to stop the Work of the Contractor. Abonmarche shall
    Agreement or any subsequent modification of the Agreement will be authorized,                   not be liable to any party for the failure of the Contractor to perform the Work
    when possible, by written amendment signed on behalf of the Client and                          consistent with the Plans and Specifications and applicable Codes and
    Abonmarche. Additional services, performed by Abonmarche are subject to all                     Regulations. Abonmarche shall have no responsibility or be liable for safety
    Terms and Conditions and the Client will be responsible for payment. Should the                 procedures of the Contractor or its subcontractors.
    Client, regulatory agency, or any public body or inspector direct modification or           21. Notice of Lien Rights.
    addition to services covered by this Agreement, including costs relating to the             22. Legal Expenses. If Abonmarche brings a lawsuit against the Client to collect
    relationship between the Client and a third party i.e. punch lists, change orders,              invoiced fees and expenses, the Client shall be legally liable to pay
    and disputes, the cost will be added to the agreed price. Requests for extra                    Abonmarche’s expenses, including its actual attorney fees and costs.
    services should be made in writing via a change order, but none the less,                   23. Liability Limitation. Client and persons claiming through Client agree to limit the
    Abonmarche is entitled to be paid for extra services provided whether or not it is              liability of Abonmarche, its agents and employees, for all claims arising out of, in
    in writing.                                                                                     connection with, or resulting from, the performance of the services under this
8. Underground Structures or Buried Utilities. The Client is responsible for identification         agreement to an amount of $250,000 or the fee paid to us for professional services
    and location of all public and private buried structures on the Client’s property               on this project, whichever is greater. Client acknowledges that Abonmarche is a
    and the Project site, such as, but not limited to, storage tanks and lines, or gas,             corporation and agrees that any claim made by Client arising out of any act or
    water, sewer, electrical, phone, cable, or any other public or private utilities. It is         mission of any director, officer, or employee of Abonmarche, in execution or
    agreed that Abonmarche is not responsible for accidental damage to utilities or                 performance of this Agreement, shall be made against Abonmarche and not
    underground structures, whether known, unknown or improperly located. The                       against such director, officer, or employee.
    client shall be responsible for design fees if changes are necessary. Utility locating      24. Consequential Damages. The Client and Abonmarche waive consequential
    or marking services provided by Abonmarche are not substitutes for complying                    damages for claims, disputes, or other matters in question relating to services
    with the utility owner notification requirements or the locating services (811                  provided as a part of this Agreement, including for example, but not limited to,
    systems) required prior to an excavation. Utilities shown as located by ground                  loss of business.
    penetrating radar are approximate only. No excavation took place to verify the              25. Governing Law. This Agreement will be deemed to have been made in Berrien
    positions shown or to verify the type of utility (except as noted). Careful                     County, Michigan and shall be governed by and construed in accordance with
    excavation is required for verification of the buried utility. The owner or customer            the laws of the State of Michigan.
    assumes the risk of error and the actual location of the underground utility.               26. Exclusive choice of forum. Each party irrevocably and unconditionally agrees
    Abonmarche is not providing any certification or guarantee regarding the exact                  that it will not bring any action, litigation, or proceeding against any other party
    location of any underground utility.                                                            in any way arising from or relating to this Agreement in any forum other than the
9. Underground Conditions. Abonmarche shall have no responsibility for the                          courts of the state of Michigan sitting in Berrien (if brought by Client) or Muskegon
    identification of existing or unforeseen/differing underground conditions. The                  (if brought by Abonmarche)and any applicable Michigan appellate court. Each
    Contractor shall have sole responsibility for determining the nature of                         party irrevocably and unconditionally submits to the exclusive jurisdiction of those
    underground conditions and the means and methods of dealing with those                          courts and agrees to bring any such action, litigation, or proceeding only in those
    conditions. Abonmarche is entitled to rely upon the information provided by                     courts. Each party agrees that a final judgment in any such action, litigation, or
    geotechnical consultants and shall have no responsibility for the accuracy or                   proceeding is conclusive and may be enforced in other jurisdictions by suit on the
    correctness of the data contained in the geotechnical reports.                                  judgment or in any other manner provided by law.
10. Site Access and Security. With the exception of access rights that land surveyors           27. Considerations. The successors, executors, administrators, and legal
    are afforded by law, the Client will provide Abonmarche access to the Project                   representatives of the Client and Abonmarche are hereby bound onto the other
    site and the Client will be responsible for obtaining any necessary permission from             with respect to the covenants, Agreements, and obligations of this Agreement.
    any affected third party property owners for use of their lands. The Client is solely       28. Acts of God. Neither the Client nor Abonmarche will have any liability for
    responsible for site security.                                                                  nonperformance caused in whole or in part by causes beyond Abonmarche's
11. Consultants. Abonmarche may engage Consultants at the request of the Client                     reasonable control. Such causes include, but are not limited to, Acts of God, civil
    to perform services which are typically the Client’s responsibility, such as surveys,           unrest and war, labor unrest and strikes, acts of authorities, and events that could
    geotechnical and environmental assessments. The Client agrees that                              not be reasonably anticipated.
    Abonmarche will not be responsible for, or in any manner guarantee, the                     29. Termination. Either the Client or Abonmarche may terminate this Agreement by
    performance of services by the Consultants. The Client agrees that Abonmarche                   giving ten (10) days written notice to the other party. In such an event, the Client
    will not be liable for any claim, liability, or defense cost for injury or loss sustained       will pay Abonmarche in full for all services previously authorized and performed
    by any party allegedly caused by the Consultants’ negligence or willful                         prior to the effective date of the termination, plus (at the discretion of
    misconduct.                                                                                     Abonmarche) a termination charge to cover finalization of services necessary to
12. Opinions of Cost. Any opinions of probable construction cost and/or total project               bring ongoing services to a logical conclusion. Such charge will not exceed thirty
    cost provided by Abonmarche will be on the basis of experience and judgment,                    (30) percent of all charges previously incurred. Upon receipt of such payment,
    but these are only estimates. Abonmarche does not warrant that bids or ultimate                 Abonmarche will return to the Client all documents and information that are the
    construction or total project costs will not vary from such estimates.                          property of the Client.
13. Ownership of Work Product. Abonmarche will remain the owner of all original                 30. Entire Agreement. This Agreement contains the entire agreement between the
    drawings, reports, and other materials provided to the Client, whether in hard                  parties and there are no agreements, representations, statements, or
    copy or magnetic media form. The Client is authorized to use the copies provided                understandings which have been relied on by the parties which are not stated in
    by Abonmarche only in connection with the Project. Any other use or reuse by                    this Agreement.
    the Client for any purposes whatever will be at the Client’s risk and full legal                                                End of Agreement.
    responsibility, without liability to Abonmarche and the Client will defend,
    indemnify, and hold Abonmarche harmless from all claims, damages, losses, and
    expenses, including attorney fees arising out of or resulting there from.
14. Electronic Media. Copies of data, reports, drawings, specifications, and other
    materials furnished by Abonmarche that may be relied upon by the Client are
    limited to the printed copies (also known as hard copies) that are delivered to the

Revised 8-19-2014                                                                                                                                                       Page 2 of 2
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: 4/27/2021                      Title: Hartshorn Marina - Fencing

Submitted By: Doug Sayles/Leo Evans                     Department: Public Works

Brief Summary:

Staff is requesting permission to enter into a contract with Affordable Fence to install fencing at
Hartshorn Marina.


Detailed Summary:
The Department of Public Works is requesting permission to enter into a contract with Affordable
Fence for fence purchase, installation and walkthrough gates, per their proposal. Cost for the
purchase and installation of fence is $30,700.62, plus $3,738 for 3 walk-through gates.


Staff solicited bids for the work and Affordable Fence provides the overall low price when including
the proposed cost of the gates.

Amount Requested $34,438.62                            Amount Budgeted: $0

Fund(s) or Account(s): 594-70756                       Fund(s) or Account(s): 594-70756

Recommended Motion: Authorize staff to enter into a contract for fence/gate purchase and
installation with Affordable Fence at Hartshorn Marina.

Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: April 27, 2021                 Title: H92037 Monroe, Third to Fourth and
                                                        H92046 Alley Improvements

Submitted By: Joel Brookens                             Department: Public Works

Brief Summary:
Authorize the award of the H92037 Monroe, Third to Fourth and H92046 Alley Improvements contract
to the low bidder, Jackson Merkey Contracting along with approving the noted project contingency.


Detailed Summary:
Staff solicited bids for reconstruction of Monroe Street, from Third to Fourth, and for Alley
Improvements behind Frauenthal and MCC.

Bids received are as follows:
   • $338,262.85 – Jackson Merkey
   • $420,376.00 – Wadel Stabilization

The project would be constructed during the 2021-22 construction season.

Design Engineering work is already completed and funded within the 20-21 budget adjusted on
upcoming 3rd Quarter Reforecast. The entirety of this request will be included in the 21-22 proposed
budget along with an allowance for Engineering Services during construction.

Bids were opened prior to the adoption and approval of the updated purchasing policy so the old policy
was used to that point. Going forward, in particular for any change orders, staff will be utilizing the new
purchasing policy.


Amount Requested: $369,000                             Amount Budgeted: $419,000
$338,262.85 – Construction Contract                    20/21 - $30,000
$30,737.15 – Contingency                               21/22 - $389,000

Fund(s) or Account(s): 20-21 / 21-22                   Fund(s) or Account(s): 20-21 / 21-22
203-92037 $15,000 / $50,000                            203-92037 $15,000 / $50,000
591-92037 $5,000 / $120,000                            591-92037 $5,000 / $120,000
591-60555 $0 / $40,000                                 591-60555 $0 / $40,000
203-92046 $10,000 / $150,000                           203-92046 $10,000 / $150,000
590-92046 $0 / $29,000                                 590-92046 $0 / $29,000
Total     $419,000                                     Total     $419,000
Recommended Motion:
Approve the award of the H92037 Monroe, Third to Fourth and H92046 Alley Improvements
contract to the low bidder, Jackson Merkey Contracting and approve the budgeted project
contingency.

Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                                                  1.10 BID TABULATION
            City of Muskegon                                    Project Engineer:    JB                            Date:                   4/14/2021
            Engineering Department                               Project Number:     H92037/H92046
                                                              Project description:   Monroe Street & Alley Improments
                                                             Engineer's Estimate:     $                       273,934.15




                                                                         Engineers Estimate       Jackson-Merkey Cont.      Wadel Stabilization Inc

                                     H 92037 Monroe, Third to Fourth $            168,643.20 $               174,646.25 $                188,524.00



                                        H 92046 Alley Improvements   $            105,290.95 $               163,616.60 $                231,852.00




                        BID TOTAL:                                   $            273,934.15 $               338,262.85 $                420,376.00




Bid Tabulation 1 of 5
                                                                             1.10 BID TABULATION
             City of Muskegon                                                                 Project Engineer:    KP                      Date:                       3/11/2021
             Engineering Department                                                            Project Number:     H92037
                                                                                            Project description:   Monroe, Third to Fourth
                                                                                           Engineer's Estimate:     $                168,643.20

                                                                                                                                                Engineers Estimate                                         JMC                                Wadel Stabilization Inc

 Line Item    Pay Code   Description                                                                   Units        Quantity       Unit Price                  Total                   Unit Price                Total                   Unit Price                Total

     1          1500001 Mobilization, Max                                                             LSUM             1       $      15,000.00      $                 15,000.00   $      12,500.00    $                 12,500.00   $         13,925.00      $         13,925.00

     2          2040055 Sidewalk, Rem                                                                  Syd            184      $            5.00 $                       920.00    $           15.00 $                    2,760.00   $                11.50   $          2,116.00

     3          2047011 Pavt, Rem, Modified                                                            Syd            1267     $            5.00     $                  6,335.00   $            7.80 $                    9,882.60   $                 7.10   $          8,995.70

     4          2057002 Machine Grading, Modified                                                       Sta           4.2      $       1,500.00      $                  6,300.00   $        1,790.00 $                    7,518.00   $          2,175.00      $          9,135.00

     5          2080020 Erosion Control, Inlet Protection, Fabric Drop                                  Ea             4       $         100.00 $                        400.00    $          180.00   $                   720.00    $            130.00      $            520.00

     6          2090001 Project Cleanup                                                               LSUM             1       $       1,000.00      $                  1,000.00   $        1,790.00 $                    1,790.00   $            860.00      $            860.00

     7          3020020 Aggregate Base, 8 inch                                                         Syd            1127     $            8.00     $                  9,016.00   $           12.00   $                 13,524.00   $                12.50   $         14,087.50

     8          3060021 Maintenance Gravel, LM                                                         Cyd             5       $           20.00 $                       100.00    $           24.00   $                   120.00    $                27.80   $            139.00

     9          5010025 Hand Patching                                                                  Ton             2       $         200.00 $                        400.00    $          150.00   $                   300.00    $            150.00      $            300.00

    10          5010051 HMA, 4E3                                                                       Ton            284      $           95.00     $                 26,980.00   $           92.60   $                 26,298.40   $                92.60   $         26,298.40

    11          8010007 Driveway, Nonreinf Conc, 8 inch                                                Syd             98      $           40.00     $                  3,920.00   $           45.00 $                    4,410.00   $                45.00   $          4,410.00

    12          8020038 Curb and Gutter, Conc, Det F4                                                   Ft            696      $           20.00     $                 13,920.00   $           18.50   $                 12,876.00   $                18.50   $         12,876.00

    13          8030044 Sidewalk, Conc, 4 inch                                                          Sft           434      $            3.00     $                  1,302.00   $            4.00 $                    1,736.00   $                 4.00   $          1,736.00

    14          8030046 Sidewalk, Conc, 6 inch                                                          Sft           296      $            4.00     $                  1,184.00   $            4.00 $                    1,184.00   $                 4.00   $          1,184.00

    15          8120022 Barricade, Type III, High Intensity, Lighted, Furn                              Ea             4       $           50.00 $                       200.00    $           70.00   $                   280.00    $                85.00   $            340.00

    16          8120023 Barricade, Type III, High Intensity, Lighted, Oper                              Ea             4       $            1.00     $                      4.00   $            1.00   $                      4.00   $                 5.00   $             20.00

    17          8120170 Minor Traf Devices                                                            LSUM             1       $       5,000.00      $                  5,000.00   $        2,270.00 $                    2,270.00   $          2,250.00      $          2,250.00

    18          8120250 Plastic Drum, High Intensity, Furn                                              Ea             25      $           20.00 $                       500.00    $           17.00   $                   425.00    $                17.00   $            425.00




Bid Tabulation 2 of 5
            City of Muskegon                                                  Project Engineer:    KP                      Date:                       3/11/2021
            Engineering Department                                             Project Number:     H92037
                                                                            Project description:   Monroe, Third to Fourth
                                                                           Engineer's Estimate:     $                168,643.20

                                                                                                                                Engineers Estimate                                         JMC                                Wadel Stabilization Inc

                                                                                                                   PAGE 1 TOTAL $                      92,481.00                       $                 98,598.00                            $         99,617.60

                                                                                                                                Engineers Estimate                                         JMC                                Wadel Stabilization Inc

                                                                                                                   Unit Price                  Total                   Unit Price                Total                   Unit Price                Total

    19          8120251 Plastic Drum, High Intensity, Oper                              Ea             25      $            1.00     $                    25.00    $            1.00   $                    25.00    $                 1.00   $             25.00

    20          8120350 Sign, Type B, Temp, Prismatic, Furn                             Sft           148      $            5.50 $                       814.00    $            4.00   $                   592.00    $                 4.00   $            592.00

    21          8120351 Sign, Type B, Temp, Prismatic, Oper                             Sft           148      $            1.00 $                       148.00    $            1.00   $                   148.00    $                 1.00   $            148.00

    22          8120352 Sign, Type B, Temp, Prismatic, Spec, Furn                       Sft            8       $            8.56     $                    68.48    $            7.00   $                    56.00    $                 7.00   $             56.00

    23          8120353 Sign, Type B, Temp, Prismatic, Spec, Oper                       Sft            8       $            1.34     $                    10.72    $            1.00   $                      8.00   $                 1.00   $              8.00

    24          8160062 Topsoil Surface, Furn, 4 inch                                  Syd            854      $            3.00     $                  2,562.00   $            5.70 $                    4,867.80   $                 4.00   $          3,416.00

    25          8167011 Hydroseeding                                                   Syd            854      $            1.00 $                       854.00    $            1.50   $                  1,281.00   $                 1.00   $            854.00

    26          8237001 Watermain, DI, 8 inch, Tr Det G, Modified                       Ft            406      $           70.00     $                 28,420.00   $           79.50   $                 32,277.00   $                67.00   $         27,202.00

    27          8237001 Water Service, 1 inch, Copper Type k                            Ft            527      $           30.00     $                 15,810.00   $           35.45   $                 18,682.15   $                36.00   $         18,972.00

    28          8237001 Water Service, Private Property, 1 inch                         Ft            123      $           50.00     $                  6,150.00   $           20.60 $                    2,533.80   $                33.80   $          4,157.40

    29          8237050 Bend, 8 inch, 45 Degree, DI MJ                                  Ea             4       $         350.00      $                  1,400.00   $          760.00   $                  3,040.00   $            555.00      $          2,220.00

    30          8237050 Sleeve, 8 inch, Long, DI MJ                                     Ea             2       $         450.00 $                        900.00    $          915.00 $                    1,830.00   $            835.00      $          1,670.00

    31          8237050 Corporation Stop, 1 inch                                        Ea             15      $         350.00      $                  5,250.00   $          105.00   $                  1,575.00   $            737.00      $         11,055.00

    32          8237050 Curb Stop and Box, 1 inch                                       Ea             15      $         350.00      $                  5,250.00   $          265.50 $                    3,982.50   $            855.00      $         12,825.00

    33          8237050 Cut and Cap, 6 inch Watermain                                   Ea             2       $         500.00      $                  1,000.00   $          575.00   $                  1,150.00   $            893.00      $          1,786.00

    34          8237050 Water Service, Building Connection, 1 inch                      Ea             5       $       1,500.00      $                  7,500.00   $          800.00 $                    4,000.00   $            784.00      $          3,920.00

                                                                     PAGE 2 TOTAL                                                    $                 76,162.20                       $                 76,048.25                            $         88,906.40



                                                                                     H 92037 MONROE           TOTAL:                 $               168,643.20                        $            174,646.25                                $    188,524.00




Bid Tabulation 3 of 5
                                                                         1.10 BID TABULATION
             City of Muskegon                                                              Project Engineer:    JB                    Date:               3/11/2021
             Engineering Department                                                         Project Number:     H92046
                                                                                         Project description:   Alley Improvements
                                                                                        Engineer's Estimate:     $               105,290.00
                                                                                                                                       Engineers Estimate                                  JMC                               Wadel Stabilization Inc

 Line Item    Pay Code Description                                                                  Units       Quantity        Unit Price           Total                  Unit Price               Total            Unit Price                Total

     1          1500001 Mobilization, Max                                                          LSUM             1      $        12,000.00   $        12,000.00      $        13,800.00       $    13,800.00   $       13,925.00 $                   13,925.00

     2          2030011 Dr Structure, Rem                                                            Ea             8      $           351.00   $            2,808.00   $           600.00       $     4,800.00   $          763.00    $                 6,104.00

     3          2030015 Sewer, Rem, Less than 24 inch                                                Ft            400     $            13.86   $            5,544.00   $                30.00   $    12,000.00   $            10.10   $                 4,040.00

     4          2047011 Pavt, Rem, Modified                                                         Syd           1000     $             5.00   $            5,000.00   $                15.50   $    15,500.00   $            16.00 $                  16,000.00

     5          2057002 Machine Grading, Modified                                                    Sta            4      $         1,500.00   $            6,000.00   $          2,920.00      $    11,680.00   $         2,255.00   $                 9,020.00

     6          2080020 Erosion Control, Inlet Protection, Fabric Drop                               Ea             4      $           100.00   $             400.00    $           160.00       $       640.00   $          130.00    $                  520.00

     7          2090001 Project Cleanup                                                            LSUM             1      $         1,000.00   $            1,000.00   $          2,000.00      $     2,000.00   $          860.00    $                  860.00

     8          3020020 Aggregate Base, 8 inch                                                      Syd            890     $             8.00   $            7,120.00   $                15.50   $    13,795.00   $            14.00 $                  12,460.00

     9          4027001 Sewer, PVC SDR 35, 10 inch, Tr Det B                                         Ft             15     $            35.00   $             525.00    $           405.00       $     6,075.00   $          153.00    $                 2,295.00

    10          4027001 Sewer, PVC SDR 35, 12 inch, Tr Det B                                         Ft            400     $            35.00   $        14,000.00      $                51.50   $    20,600.00   $          153.00 $                   61,200.00

    11          4027050 Sewer WYE, PVC SDR 35, 12 INCH X 8 INCH                                      Ea             8      $           150.00   $            1,200.00   $           330.00       $     2,640.00   $          874.00    $                 6,992.00

    12          4027050 Sewer Lateral, PVC SDR 35, 8 Inch, TR DET B, Modified                        Ea             8      $           500.00   $            4,000.00   $          1,270.00      $    10,160.00   $          478.00    $                 3,824.00

    13          4027050 Sewer Bulkhead, 12 Inch                                                      Ea             2      $           200.00   $             400.00    $           315.00       $       630.00   $          859.00    $                 1,718.00

    14          4030010 Dr Structure Cover, Type B                                                   Ea             3      $           506.15   $            1,518.45   $           800.00       $     2,400.00   $         1,045.00   $                 3,135.00

    15          4030025 Dr Structure Cover, Type D                                                   Ea             3      $           577.50   $            1,732.50   $           750.00       $     2,250.00   $         1,150.00   $                 3,450.00

    16          4030210 Dr Structure, 48 inch dia                                                    Ea             6      $         1,500.00   $            9,000.00   $          1,460.00      $     8,760.00   $         8,475.00 $                  50,850.00

    17          4030250 Dr Structure, Add Depth of 48 inch dia, 8 foot to 15 foot                    Ft             7      $           200.00   $            1,400.00   $          1,210.00      $     8,470.00   $          111.00    $                  777.00

    18          4037050 Dr Structure, Adj, Case 1, Modified                                          Ea             1      $           500.00   $             500.00    $           985.00       $       985.00   $          625.00    $                  625.00

                                                                                                                               Page 1 sub-total $        74,147.95                               $   137,185.00                        $               197,795.00




Bid Tabulation 4 of 5
             City of Muskegon                                                     Project Engineer:    JB                    Date:               3/11/2021
             Engineering Department                                                Project Number:     H92046
                                                                                Project description:   Alley Improvements
                                                                               Engineer's Estimate:     $               105,290.00
                                                                                                                              Engineers Estimate                                   JMC                                  Wadel Stabilization Inc

 Line Item    Pay Code Description                                                         Units       Quantity       Unit Price             Total                  Unit Price               Total               Unit Price                Total



                                                                                                                              Engineers Estimate                                   JMC                                  Wadel Stabilization Inc

                                                                                                                      Unit Price             Total                  Unit Price               Total               Unit Price                Total

    19          5010025 Hand Patching                                                      Ton             4      $         100.00    $               400.00    $           150.00       $       600.00      $          150.00       $              600.00

    20          5010051 HMA, 4E3                                                           Ton            196     $           95.00   $            18,620.00    $                92.60   $     18,149.60     $            94.50 $                 18,522.00

    21          8010007 Driveway, Nonreinf Conc, 8 inch                                    Syd             22     $           40.00   $               880.00    $                45.00   $       990.00      $            45.00      $              990.00

    22          8020038 Curb and Gutter, Conc, Det F4                                       Ft             75     $           20.00   $              1,500.00   $                20.00   $      1,500.00     $            20.00      $             1,500.00

    23          8030044 Sidewalk, Conc, 4 inch                                              Sft           155     $            3.00   $               465.00    $                 4.00   $       620.00      $                4.00   $              620.00

    24          8030047 Sidewalk, Conc, 7 inch                                              Sft           200     $            4.50   $               900.00    $                 4.00   $       800.00      $                4.00   $              800.00

    25          8120022 Barricade, Type III, High Intensity, Lighted, Furn                  Ea             4      $           50.00   $               200.00    $                70.00   $       280.00      $            85.00      $              340.00

    26          8120023 Barricade, Type III, High Intensity, Lighted, Oper                  Ea             4      $            1.00   $                  4.00   $                 1.00   $            4.00   $                5.00   $               20.00

    27          8120028 Plastic Drum with High Intensity Sheeting, Furnished                ea             20     $           20.00   $               400.00    $                17.00   $       340.00      $            17.00      $              340.00

    28          8120029 Plastic Drum with High Intensity Sheeting, Operated                 ea             20     $            1.00   $                20.00    $                 1.00   $           20.00   $                1.00   $               20.00

    29          8120170 Minor Traf Devices                                                LSUM             1      $        5,000.00   $              5,000.00   $         1,400.00       $      1,400.00     $         8,725.00      $             8,725.00

    30          8120350 Sign, Type B, Temp, Prismatic, Furn                                 Sft           116     $            5.50   $               638.00    $                 4.00   $       464.00      $                4.00   $              464.00

    31          8120351 Sign, Type B, Temp, Prismatic, Oper                                 Sft           116     $            1.00   $               116.00    $                 4.00   $       464.00      $                1.00   $              116.00

    32          8207051 Above Ground Video Survey                                         LSUM             1      $        2,000.00   $              2,000.00   $           800.00       $       800.00      $         1,000.00      $             1,000.00



                                                                                                                      PAGE 2 TOTAL $               31,143.00                             $     26,431.60                             $            34,057.00



                                                                                           H 92046 ALLEY          TOTAL:              $        105,290.95                                $   163,616.60                              $        231,852.00




Bid Tabulation 5 of 5
          NOTE:
          THE IMPROVEMENTS COVERED BY THESE PLANS SHALL BE DONE IN
          ACCORDANCE WITH THE MICHIGAN DEPARTMENT OF
          TRANSPORTATION 2012 STANDARD SPECIFICATIONS FOR
          CONSTRUCTION, CITY OF MUSKEGON STANDARD SPECIFICATIONS AND
          THE 2011 MICHIGAN MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES.
                                                                                                           CITY OF MUSKEGON                                                                                                    UTILITIES

                                                                                              H 92037 MONROE; THIRD ST TO FOURTH ST
          THESE IMPROVEMENTS HAVE BEEN DESIGNED IN ACCORDANCE WITH
          THE 2011 AASHTO GUIDELINES.                                                                                                                                                                                          ELECTRIC
                                                                                                                                                                                                                               JOEL BROWN
                                                                                                                                                                                                                               CONSUMERS ENERGY
                                                                                                                                                                                                                               700 E STERNBERG ROAD




                                                                                                   H 92046 ALLEY IMPROVEMENTS
                                                                                                                                                                                                                               NORTON SHORES, MI 49441
                                                                                                                                                                                                                               (231) 557-8762 (CELL)

                                                                                                                                                                                                                               TELEPHONE
                                                                                                                                                                                                                               DAVID B. FLERMOEN
                                                                                                                                                                                                                               FRONTIER COMMUNICATIONS


           STANDARD PLANS
                                                                                                       PLAN AND PROFILE OF PROPOSED IMPROVEMENTS                                                                               860 TERRACE STREET
                                                                                                                                                                                                                               MUSKEGON MI 49440
                                                                                                                                                                                                                               (231) 727-1319
           *     R-1-G DRAINAGE STRUCTURES
                                                                                                                                                                                                                               NATURAL GAS
           *     R-7-F COVER B                                                                                                                                                                                                 VINCENT DUCA
                 R-9-D COVER D                                                                                                                                                                                                 DTE ENERGY
                                                                                                                                                                                                                               2359 OLTHOFF DRIVE
                 R-15-F COVER K                                                                                                                                                                                                MUSKEGON MI 49444
           *     R-28-J SIDEWALK RAMP AND DETECTABLE WARNING DETAILS                                                                                                                                                           (231) 578-0488 (CELL)

                 R-29-I DRIVEWAY OPENINGS & APPROACHES AND CONCRETE SIDEWALKS                                                                                                                                                  CABLE
                 R-30-G CONCRETE CURB AND CONCRETE CURB & GUTTER                                                                                                                                                               COMCAST
                                                                                                                                                                                                                               TBA
                 R-83-B UTILITY TRENCHES
                 R-96-E SOIL EROSION & CONTROL MEASURES                                                                                                                                                                        WATER & SEWER
                                                                                                                                                                                                                               DAVE BAKER
                 * INDICATES SPECIAL DETAIL INCLUDED IN PROPOSAL/PLANS                                                                                                                                                         CITY OF MUSKEGON - DPW
                                                                                                                                                                                                                               1350 E KEATING AVENUE
                                                                                                                                                                                                                               MUSKEGON MI 49442
                                                                                                                                                                                                                               (231) 724-4100




            SHEET INDEX
            SHEET        DESCRIPTION
           1.            TITLE SHEET
            2.           CROSS SECTION & DETAILS
            3.
            4.
                         MONROE EXISTING / DEMO PLAN
                         MONROE PROPOSED WATER MAIN AND ROAD IMPROVEMENTS
                                                                                                                         H 92046
            5.           MONROE TRAFFIC CONTROL
            6.           ALLEY IMPROVEMENTS, THIRD TO FOURTH




                                                                                                                                                                               Know what's below.
GENERAL NOTES:                                                                                                                                                                    Call before you dig.
1.   EXISTING CONDITIONS INCLUDING ELEVATIONS ARE SUBJECT TO CHANGE DUE TO CONSTRUCTION
     OUTSIDE THE CONTROL OF THE CITY OF MUSKEGON. CONTRACTOR IS TO VERIFY EXISTING
     CONDITIONS OF THE SITE, MATCH ALL EXISTING MEETS AND COORDINATE WORK ACTIVES WITH
     NEIGHBORING CONTRACTORS.
                                                                                                                                                                   Construction includes 800 feet of pavement removal and replacement,
2.   UPON REQUEST AND APPROVAL, THE CONTRACTOR MAY OBTAIN A WATER SUPPLY FROM THE CITY
     OF MUSKEGON FIRE HYDRANTS AT NO COST, PROVIDED THAT THEY FOLLOW THE CONDITIONS OF
                                                                                                                                                   POE STA 5+19    400 feet of water main replacement, 400 feet of storm sewer
     THE CITY WATER DEPARTMENT.
                                                                                                                                                                   replacement, concrete curb and gutter replacement and various
3.   WHENEVER SMALL CASTINGS (STOP BOXES & METER PITS) THAT ARE ENCOUNTERED WITHIN THE                                                                             other concrete items in the City of Muskegon, Muskegon County.
     WORK AREA, THEY SHALL BE ADJUSTED AT NO COST TO THE CITY. PAYMENT FOR ADJUSTING
     THESE CASTINGS SHALL BE INCLUDED IN THE PAYMENT FOR NEW WATER SERVICES PAY ITEMS.

4.   FOR PROTECTION OF UNDERGROUND UTILITIES, THE CONTRACTOR SHALL CALL MISS DIG,
     1-800-482-7171, A MINIMUM OF 3 WORKING DAYS EXCLUDING SATURDAYS, SUNDAYS, AND HOLIDAYS
                                                                                                                      H 92037
     PRIOR TO EXCAVATING IN THE VICINITY OF ALL UTILITY LINES. ALL MISS DIG PARTICIPATING
     MEMBERS WILL THUS BE NOTIFIED, THIS DOES NOT RELIEVE THE CONTRACTOR THE
     RESPONSIBILITY OF NOTIFYING OWNERS WHO MAY NOT BE PART OF THE MISS DIG ALERT SYSTEM.
                                                                                                                                                                                  PREPARED UNDER THE SUPERVISION OF:
5.   PUBLIC UTILITIES OF ALL TYPES HAVE BEEN SHOWN ON THE PLAN USING AVAILABLE
     INFORMATION, BUT ARE NOT GUARANTEED AS ACCURATE OR THAT UTILITIES OTHER THAN THOSE
     SHOWN ARE NOT PRESENT.

6.   THE CONTRACTOR SHALL SAW CUT ALL MEETS RELATIVE TO SIDEWALK OR PAVEMENT
     CONSTRUCTION UNLESS WAIVED BY THE ENGINEER. PAYMENT FOR SAW CUTTING SHALL BE
     INCLUDED IN THE PAYMENT FOR THE PAY ITEMS PAVT, REM, MODIFIED, CURB AND GUTTER, REM,
     HMA CRUSH AND SHAPE, HMA SURFACE, REM AND SIDEWALK, REM. NO ADDITIONAL PAYMENT WILL
     ALLOWED FOR SAW CUTTING.

7.   THE CONTRACTOR SHALL PREVENT EROSION AND CONTROL SEDIMENTATION ASSOCIATED WITH
     THE PROJECT. KEEP SEDIMENTATION WITHIN THE RIGHT OF WAY (OR CONSTRUCTION LIMITS) AND
                                                                                                                                                                                LEO EVANS, P.E.
     OUT OF SURFACE WATERS. CONSTRUCT AND MAINTAIN TEMPORARY EROSION AND SEDIMENTATION
     CONTROLS, TO INCLUDE INLET PROTECTION, FABRIC DROPS ON ALL INLET STRUCTURES, NEW AND                              POB STA 1+01                                             CITY ENGINEER                                            CITY OF MUSKEGON
     EXISTING, AND INSTALL TEMPORARY EROSION, SEDIMENTATION CONTROLS AS DIRECTED BY THE
     ENGINEER. THE CONTRACTOR SHALL REMOVE ON A DAILY BASIS SOIL TRACKED ONTO EXISTING
                                                                                                                                                                                                                                         ENGINEERING DEPARTMENT
     PAVED ROADS, (VACUUM METHODS ARE PREFERRED BUT BROOM SWEEPING IS ACCEPTABLE IF THE                                                                                                                                                  1350 E KEATING AVE
     MATERIAL IS REMOVED) THE CONTRACTOR SHALL INSPECT ALL SOIL EROSION / SEDIMENTATION                                                                                                            55599                                 MUSKEGON MI 49442
     CONTROL MEASURES ON A WEEKLY BASIS OR AFTER EACH RAINFALL EVENT, CLEAN REPAIR, OR                                                                                                            REGISTRATION NUMBER
     REPLACE, AS NECESSARY, TO ENSURE PROPER FUNCTION. ALL SOIL EROSION / SEDIMENTATION
     CONTROLS SHALL REMAIN UNTIL ALL DISTURBED AREAS ARE STABILIZED. ALL SOIL EROSION /
     SEDIMENTATION CONTROL, EXCEPT FOR THE EROSION CONTROL, INLET PROTECTION, FABRIC DROP                                                                           CITY OF MUSKEGON                                    Monroe from 3rd to 4th
     AND SILT FENCE SHALL BE INCLUDED WITH THE PAY ITEM PROJECT CLEAN UP. NO OTHER
     PAYMENT SHALL BE MADE.                                                                                                                                       OFFICE OF THE CITY ENGINEER
                                                                                                                                                                  DRAWN     K Parker 10/2020 REVISION               SURVEY       FP/KP    9/2020 PROJECT NO
                                                                                                                                                                  CHECKED                   REVISION                AS-BUILT                             H 92037
                                                                                                                                                                  APPROVED                  REVISION                SCALE                       SHEET NO.     01 of 5
                                                                                                                                                                      DETAIL SHEET
                                                                                                                                                                                                                                                                                                                                                                                                           PIPE RESTRAINT SCHEDULE
                                                                                                                                                                                                                                                                                                                                                                                         LENGTH OF RESTRAINT REQUIRED * (FEET)
                                                                                                                                                                           FLANGE MUST BE FLUSH WITH FINISH GRADE
                                                                                                                                                                                                EAST JORDAN IRON WORKS HYDRANT 5BR250 OR EQUAL
                                                                                                                                                                                                                                                                       TYPE A LOGO MANHOLE COVER
                                                                                                                                                                                                                                                            NO SCALE                   COVER SECTION
                                                                                                                                                                                                   ONE 5" STORZ PUMPER CONNECTION
                                                                                                                                                                                                                                                                                                                                                         1 1/2" LETTERS
                                                                                                                                                                                                    TWO 2.5" HOSE CONNECTIONS THREADED WITH
                                                                                                                                                                                                                                                                                                                                                       (RECESSED FLUSH)
                                                                                                                                                                                                    CITY OF MUSKEGON STANDARD (BIG SIX)                                                                  K       E
                                                                                                                                                                                                                                                                                                   S                     G
                                                                                                                                                                                                                                                                                                                                 O
                                                                                                                                                                                                                  6" GATE VALVE & BOX AWWA C-500                                       U
                                                                                                                                                                                                                  RIGHT HAND OPEN                                                                                                                           1 1/2"




                                                                                                                                                                                                                                                                               M




                                                                                                                                                                                                                                                                                                                                         N
                                                                                                     CLAMP                       EXISTING LEAD JOINTS TYPICAL
                                             PLACE 8" THICK PNC CONCRETE AROUND THE




                                                                                                                                                                                                                                                                                                                                                 Y
                                                                                                                                                                                                                                                                          W
                                             ADJUSTED CASTING STRUCK OFF 2" BELOW                                                           CLAMP




                                                                                                                                                                                                                                                                                                                                                 I T
                                                                                                                                                                                                                                                                          E
                                             THE TOP OF THE HMA LEVELING COURSE.                                                                                                                                                                                                                                                                                     (2) CLOSED




                                                                                                                                                                                                                                                                          S




                                                                                                                                                                                                                                                                                                                                                 C
                                                                                                                                                                                                                                                                           T
                                             AFTER 24 HRS OF CURE TIME AND BEFORE                                                                                                                                                                                                                                                                                    PICKHOLES




                                                                                                                                                                                                                                                                                                                                             E
                                                                                                                                                                                                                                                                               M
                                             HMA TOP COURSE IS PLACED, PLACE 2" OF




                                                                                                                                                                                                                                                                                                                                         N
                                                                                                                                                    NO SCALE




                                                                                                                                                                                                                                                                                   I




                                                                                                                                                                                                                                                                                                                                         I
                                                                                                                                                                                                                                                                                   C
                                             COMPACTED HMA OVER THE CONCRETE BASE,                                                                                                                                                                                                     H




                                                                                                                                                                                                                                                                                                                                     L
                                                                                                                                                                                                                                                                                                                                 E
                                                                                                                                                                                                                                                                                           I                                                                CUSTOM LOGO
                                             FLUSH WITH THE TOP OF THE HMA LEVELING                                                                                                                                           6" DUCTILE IRON WATERMAIN                                        G
                                                                                                                                                                                                                                                                                                   A
                                                                                                                                                                                                                                                                                                       N '   S   S   H
                                                                                                                                                                                                                                                                                                                         O
                                                                                                                                                                                                                                                                                                                             R

                  water
                                             COURSE. THIS WORK IS INCLUDED IN THE PAY
                                                                                                                                                                                                                                                                                                                                                          3/4" LETTERS
                                             ITEM "WATER VALVE BOX AND COVER,                                            EXISTING VALVE AND EXISTING CAST                                                                                                                                                                                               (RECESSED FLUSH)
                                             COMPLETE" & "VALVE, _ INCH, GATE, WITH                                      IRON WATERMAIN TO BE RESTRAINED
                                             BOX".                                                                       WITH CLAMPS AND TIE RODS BEFORE
SAW CUT EDGES                                                                                                            CUTTING PIPE FOR CAP. TIE RODS AND
                             PLACE 2 INCHES OF HMA OVER 8 INCH CONCRETE
                                                                                                                         CLAMPS INCLUDED IN COST FOR "CUT                                                                                                                                                                                                   1 1/2"
                             BASE FLUSH WITH HMA LEVELING COURSE
                                                                                                                         AND CAP, __ INCH".


                                             2" HMA TOP COURSE
                                            2" HMA LEVELING COURSE
                                                                                                            DUCTILE IRON MECHANICAL JOINT
                                          PROP 6" AGGREGATE BASE                                            CAP WITH RETAINING GLANDS                                                                                                                                                                                                                                                  BASIS OF DESIGN FOR ABOVE TABLE:

                             8" THICK PNC CONCRETE, STRIKE OFF 2"
                             BELOW TOP OF HMA LEVELING COURSE.
                                                                                                                                                                                  WRAP FILTER CLOTH AROUND HYDRANT
                                  PLACE BONNET ON 4 EQUALLY                                                                                                                       WEEP HOLES
                                  SPACED CONC BRICKS                                                                                                                  1
                                                                                                                                                                      2   CU. YD. PEA STONE INCLUDED IN COST OF NEW HYDRANT
                                                                                                                                                                                               MECHANICAL JOINTS WITH RETAINING GLANDS


                                                                                                                                                                                                        PROPOSED DI MJ TEE AND WATERMAIN
                                                                                                                                                                                                        SIZE AS SHOWN ON CONSTRUCTION PLANS.




                                                                     PAY ITEM: WATER SERVICE, PRIVATE PROPERTY
                                                                                                                                                ALL WORK BEYOND
                                                                                                                                                THIS POINT INCLUDED
                                                                                                                                                                             HMA APPLICATION
                                                                                                                                                IN PAY ITEM "WATER
                                                                                                     PIPE                                                                                                              PERFORMANCE
                                                                                                                                                SERVICE, BUILDING                 HMA MIX                 RATE
                                    HORIZONTAL MEASUREMENT                                           USED                                       CONNECTION"                                                               GRADE                                                                                                                                                                                                         NOTE:
                                                                                    PIPE
                                                                                                                                                                           MONROE STREET:                                                                                                                                                                                                                                               ADJUSTMENT OF MANHOLES SPECIAL DETAIL
                                                                                    USED
                                                                                                                                                                                                                                                                                                                                                                                                                                        WILL BE INCLUDED IN THE COST OF THE NEW
                                                                                                                                                    FOUNDATION WALL        HMA, 4E3 (TOP COURSE)        220# / SYD        64-28         2 INCH-1 LIFT                                                                                                                                                                                   MANHOLE. ADJUSTMENT OF THE NEW MANHOLES
                                                                                                                                                                           HMA, 4E3 (LEVELING COURSE) 220# / SYD          58-22         2 INCH-1 LIFT                                                                                                                                                                                   WILL BE DONE IN ACCORDANCE WITH DRAINAGE
                                                                                                                                                                                                                                                                                                                                                                                                                                        STRUCTURE COVER, ADJUST DETAIL.
                                                                                                                                                                           HAND PATCHING (HMA, 4E3)     440# / SYD        64-28         4 INCH-2 LIFTS
                                                            CURB STOP BOX
    MIN.




                  MIN.
    5.5'




                  5.5'




                                        NO SCALE            MUELLER #10302                                                                                                 ALLEY IMPROVEMENTS:
            45°                                             OR APPROVED EQUAL
                                                                                                                                                                           HMA, 4E3 (TOP COURSE)        220# / SYD        64-28         2 INCH-1 LIFT                                                                                                                                             4' MIN                       DRAINAGE STRUCTURE COVER
                                                                                                                                                                           HMA, 4E3 (LEVELING COURSE) 220# / SYD          58-22         2 INCH-LIFT                                                                                                                                                                            EAST JORDAN #1040 OR EQUAL
                          WATER SERVICE - 1 INCH TYPE "K" COPPER                                                                                                                                                                                                                                                                                                                                                               TYPICAL
                                                                                                                                                                           *HMA BOND COAT, SS-1H, AT 0.05 GAL/SY, SHALL BE PLACED BETWEEN EACH LIFT. THE COST IS
                                                                                                                                                                           INCLUDED WITH THE HMA, 4E3 PAY ITEM.
                   CORPORATION STOP 1 INCH          CURB STOP 1 INCH
                                                                                             ⅊                   ⅊                                                                                                                                                                                                                                                                                                            PLACE 8" THICK PNC CONCRETE AROUND THE ADJUSTED
                                                                                                                                                                                                                                                                                                                                                                                                                              CASTING STRUCK OFF 2" BELOW THE TOP OF THE HMA
                   MUELLER #P25008                  MUELLER #P25155                                                                                                                                                                                                                                                                                                                                                           LEVELING COURSE. AFTER 24 HRS OF CURE TIME AND
                   OR APPROVED EQUAL                OR APPROVED EQUAL                                       SEE WATER METER                                                                                                                                                                                                                                                                                                   BEFORE HMA TOP COURSE IS PLACED, PLACE 2" OF
WATERMAIN                                                                                                   PIT DETAIL                                                                                                                                                                                                                                                  4' MIN                                                COMPACTED HMA OVER THE CONCRETE BASE FLUSH WITH
                                                                                                                                                                                                                                                                                                                                                                                                                              THE HMA LEVELING COURSE. THIS WORK IS INCLUDED IN
                                                                                                                                                                                                                                                                                                                                                                                                                              THE PAYMENT FOR THE PAY ITEM "DRAINAGE STRUCTURE
                                                                                                                                                                                                                                                                                                                                                                                                                              COVER, ADJUST, CASE 1, MODIFIED".
                                                                                                   63.0

                                                                                                   30.0'                                                                                                                                                                                                                                                  PLACE 2 INCHES OF HMA, OVER
                                                                                                                                                                                                                                                                                                                                                          8 INCH CONCRETE BASE FLUSH                                       SAW CUT ALL EDGES
                                11.5'                                                                                                                                                                                                                                                                                                                     WITH HMA LEVELING COURSE
     5.0'                                                                   15.0'
                                                                                                                                                                                                                                                                                                                                                                                                                               2" HMA TOP COURSE
                                                                                                                                                                                                                                                                                                                                                                                                                                   2" HMA LEVELING COURSE


                                                                                                                                                                                                                                                                                                                                                                                                   24"                           PROP 6" AGGREGATE BASE
                                                                                                                                                                                                                                                                                                                                                                                                                        8" THICK PNC SACK CONCRETE, STRIKE
                                                                                                                                                                                                                                                                                                                                                                                                                        OFF 2 INCHES BELOW HMA LEVELING COURSE.




                                                                                                                                                                                                                                                                                                                                                                                         6" MIN
                                                                                                                                                                                                                                                                                                                                                                                                                       WHERE CALLED FOR ON PLANS "DRAINAGE
                                                                                                                                                                                                                                                                                                                                                                                                                       STRUCTURE, ADDITIONAL DEPTH, ADJUST,
                                                                                                                                                                                                                                                                                                                                                                                                                       MODIFIED" IS EQUAL TO OR EXCEEDS 2' THE
                                                                                                                                                                                                                                                                                                                                                                                               18"                     CONTRACTOR WILL USE PRECAST
                                                                                                                                                                                                                 NOTE:                                                                                                                                                                  48" TYP.                       ECCENTRIC CONE SECTIONS CONFORMING
                                                                                                                                                                                                                 MACHINE GRADING, MODIFIED; STA 1+00 TO 5+19:                                                                                                                                                          TO ASTM C-478.
                                                                                                   63.0'                                                                                                         THERE WILL BE APPROXIMATELY 129 CYD. CIP                                                                                                                                                       LINE UP STEPS
                                                                                                   30.0'                                                                                                         EXCAVATION, OF WHICH 8 CYD WILL BE USED AS
                                                                                                                                                                                                                 EMBANKMENT. THE REMAINING 121 CYD LM WILL BE
                                                                                                                                                                                                                 REMOVED FROM THE JOB SITE AND BECOME PROPERTY OF
                                11.5'                                                                                                                                                                            THE CONTRACTOR. PAYMENT FOR REMOVING THE                                                                                                                                           EXISTING PRECAST CONC
                                                                                                                                                                                                                 EXCAVATION, PLACING EMBANKMENT, COMPACTING                                                                                                                                         OR BRICK STRUCTURE
     5.0'                                                                                                                                                                                                        SUBGRADE, SHAPING SUBGRADE TO PROPOSED CROSS
                                                                                                                                                                                                                 SECTION AND REMOVING EXCESS MATERIAL WILL BE
                                                                                                                                                                                                                 INCLUDED IN THE PAYMENT FOR MACHINE GRADING,
                                                                                                                                                                                                                 MODIFIED PAY ITEM.

                                                                                                                                                                                                                                                                                                                                                                                  CITY OF MUSKEGON                                       Monroe from 3rd to 4th
                                                                                                                                                                                                                                                                                                                                                                             OFFICE OF THE CITY ENGINEER
                                                                                                                                                                                                                                                                                                                                                                            DRAWN     K Parker 10/2020 REVISION                        SURVEY      FP/KP   9/2020 PROJECT NO
                                                                                                                                                                                                                                                                                                                                                                            CHECKED                         REVISION                   AS-BUILT                          H 92037
                                                                                                                                                                                                                                                                                                                                                                            APPROVED                        REVISION                   SCALE        NTS          SHEET NO.     02 of 5
                                                                                                                                                                                               EXISTING CONDITIONS AND DEMO PLAN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                              PIN: 367-0011-00




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         WV
                                                                            MUSKEGON, MI 49441
                                                                            Address: 1188 4th St




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             MP
                                                                                                                                                                                                                                                                                      MUSKEGON, MI 49441
                                                                                                                                                                                                                MUSKEGON, MI 49441




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      3" GAS MAIN
                                                                                                                                                                                                                                                                                      Address: 244 Monroe
                                                                                                                                                                                                                Address: 250 Monroe




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    MH
                                                                            Owned By:
                                                                                                                                                                                                                                                                                                                                                                                            STA 3+99 to 4+19 & 4+28 to 4+52




                                                                                                                                                                                                                                                                                      Owned By:
                                                                            PIN:
                                                                                                                                                                                                                                                                                                                                                                                            44 SYD, SIDEWALK, REM




                                                                                                                                                                                                                Owned By:




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          A
                                                                                                                                                                                                                                                                                      PIN:




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MP
                                                                                                                                                                                                                PIN:
             4th Street


                                                                                                                                                     REMOVE SERVICE AND                                                                                                                                                                                                                                                                                         Owned By: IIS PROPERTIES LLC




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     3rd Street
                                                                                                                                                     PIT FOR 254 MONROE                                                                                                                                                                                                                                                                                         MUSKEGON, MI 49441
                                                                                                                                                                                                                                                                                                                                                                                                                                                                Address: 1147 THIRD ST




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               3" ELEC. CONDUIT
                                                                                                                                                                                                                                                                                                                                                                                                                                                                PIN: 367-0011-10
                                                                                                                                                                                                             STA 1+87 to 2+20
                                          hydrant




                                                                    3.5 SYD, SIDEWALK, REM                                                                                                                                                                                                    21 SYD, SIDEWALK, REM
                                          616.36
                                          bolt




                                                                                                                                                                                                             40 SYD, SIDEWALK, REM
   M
    H




                                    HYD




                                                                                                                                                                                                                                                                                                                          CS
                                                                                                                                                                                                        CS




                                                                                                                                                                                                                                       CS


                                                                                                                                                                                                                                                CS




                                                                                                                                                                                                                                                                          CS
                                                                                                                                                                                                                                                                   CS
                                                                                                          CS
                                                                                                                                                                                                                                                                                                                                                                                                                                   dg




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  hydrant




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 N
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  616.76
                                                                                                                                                                                                                                                                                                                                                                                                                                     uy




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  bolt
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       HYD
                                                                                                                                                        MP




                                                                                                                                                                                                                                                                                                                                                                                                                      dg
                                                    COM. HANDHOLE




                                                                                                                                                                                                                                                                                                                                                                                                                       uy
                            WV




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  0              20           40




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        WV
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         10
                          WV

                          WV




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   Feet




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                CB




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   WV
                                                     CB




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 1:20



                                                                                                                                                                                                                                                                   MONROE AVE                                                                                                                                                                  4+50                                                  5+00                                                                      5+45




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MH
                                                                                                                                                                                                                                                                                                                                   3+50                                                                  4+00
                                                                                                                            2+00                                                               2+50                                                       3+00
                             1+00                                      1+50




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     MH




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              WV
                                                    CB




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    CB




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               MH
                                                                                                                                                                                          MP




                                                                                                                                                                                                                                                     CS




                                                                                                                                                                                                                                                                                                                                                                                            CS
                                                                                                                                                                                                                                                                                                                                  CS
                                                                                                                                                                                                                                                                                                                                        CS
                                                                                                                                                                                                                                                                        CS




                                                                                                                                                                                                                                                                                                                                                                                                                                          LP




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         MUSKEGON, MI 49441
                                                         CS




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Address: 1157 3RD ST
                                                                                   STA 1+01 to 5+19
                                                                                                                                                        MP
                                                                      1267 SYD, PAVT, REM MODIFIED




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Owned By:
                                                                                                                                                                                                                               MUSKEGON, MI 49441
                                                                                                                                                                                                                               MUSKEGON, MI 49441
                                                                                                                                                                                                                               Address: 249 Monroe



                                                                                                                                                                                                                               Address: 247 Monroe
                                                                                                   3.5 SYD, SIDEWALK, REM                                                                                                                                                                              21 SYD, SIDEWALK, REM




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         PIN:
                                                                                                                                                                    MUSKEGON, MI 49441




                                                                                                                                                                                                                                                                                                                                                MUSKEGON, MI 49441
                                                                                                                                                                                                                                                                                                            MUSKEGON, MI 49441




                                                                                                                                                                                                                                                                                                                                                                      Address: 235 MONROE
                                                                                                                                                                                                                                                                                                                                                                      MUSKEGON, MI 49441




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       3" GAS MAIN
                                                                                                                                                                    Address: 253 Monroe




                                                                                                                                                                                                                                                                                                            Address: 239 Monroe




                                                                                                                                                                                                                                                                                                                                                Address: 237 Monroe
                                                                                                                                                                                                                                                                        MUSKEGON, MI 49441
                                                                                                                                                                                                                               Owned By:
                                                                                                                                                                                                                               Owned By:
                                                                                   MUSKEGON, MI 49441
                                                                                   Address: 1204 4TH ST




                                                                                                                                                                                                                                                                        Address: 243 Monroe
                                                                                                                               MUSKEGON, MI 49441
                                                                                                                               Address: 257 Monroe




                                                                                                                                                                                                                               PIN:



                                                                                                                                                                                                                               PIN:
          3.5 SYD, SIDEWALK, REM


                                                                                                                                                                    Owned By:




                                                                                                                                                                                                                                                                                                                                                Owned By:
                                                                                                                                                                                                                                                                                                            Owned By:




                                                                                                                                                                                                                                                                                                                                                                      Owned By:
                                                                                                                                                                                                                                                                        Owned By:
                                                                                   Owned By:




                                                                                                                               Owned By:




                                                                                                                                                                    PIN:




                                                                                                                                                                                                                                                                                                                                                PIN:
                                                                                                                                                                                                                                                                                                            PIN:




                                                                                                                                                                                                                                                                                                                                                                      PIN:
                                                                                                                                                                                                                                                                        PIN:
                                                                                   PIN:




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             LP
                                                                                                                               PIN:




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             HH
                                                                                                                                                                                                                                                                                                                                                                                            4+00 to 4+55
                                   STA 1+16 AND 1+18                                                                                                              3.5 SYD, SIDEWALK, REM                                                                                                                                                                                                    100 SYD, SIDEWALK, REM
                                                                                                                                                                                                                                                                                                                                                                                                                                                               STA 4+87 AND 4+99
2 EA EROSION CONTROL, INLET PROTECTION, FABRIC DROP
                                                                                                                                                                                                                                                                                                                                                                                                                              2 EA EROSION CONTROL, INLET PROTECTION, FABRIC DROP
                                                                                                                  REMOVE PIT




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       E
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           AV
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   E
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                LEGEND




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                RO
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      BENCHMARKS:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      1 MAG NAIL, 1ST ST. DEAD END
                           618                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               618
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 pavt, rem modified                       616.57

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      2 3RD/MONROE HYDRANT BOLT
                           617                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                617




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ON
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        UNDER "A" IN U.S.A.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          618.51
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              616
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 sidewalk, rem
                           616
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      3 4TH/MONROE HYDRANT BOLT
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        UNDER "A" IN U.S.A.




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               M
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          617.62
                           615                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  615


                           614                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                614
         EX. 8" to 6"
        REDUCER WATERMAIN                                                                                                                                                                                                                                                                                                                                        6" EX. WATERMAIN
                      613                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    613
         8" EX. WATERMAIN                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            8" EX. WATERMAIN
                           612                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      612
                                                                                                                                                                                                                                                                                                                                                                                                                                                    EX. 8" to 6" REDUCER WATERMAIN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        QUANTITIES THIS SHEET
                           611                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 611                                                       DESCRIPTION                                                       QUANTITY UNIT
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         PAVT, REM MODIFIED                                                      1267 SYD
                           610                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 610                                                       SIDEWALK, REM                                                            184 SYD


                           609                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 609


                           608                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               608
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         MACHINE GRADING, MODIFIED                                                4.2 STA
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         EROSION CONTROL, INLET PROTECTION, FABRIC DROP                             4 EA
                           607                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                607


                           606                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                606


                           605                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                605



                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   PLAN AND PROFILE
                                                                                                                                                                                                                                                          616.53
                                                                        616.18




                                                                                                                               616.37




                                                                                                                                                                                                                                                                                                                                       616.62
                                                                                                                                                                                               616.44




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      616.54
                                                                                                                                                                                                                                                                                                                                                                                                          616.70




                                                                                                                                                                                                                                                                                                                                                                                                                                               616.72
                                 616.09




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             616.43
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            STREET AND UTILITY IMPROVEMENTS
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          CITY OF MUSKEGON                                         Monroe from 3rd to 4th
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        OFFICE OF THE CITY ENGINEER
                                                                                                          EXISTING C.L.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        DRAWN     K Parker 10/2020 REVISION                   SURVEY        FP/KP       9/2020 PROJECT NO
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        CHECKED                   REVISION                    AS-BUILT                                H 92037
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        APPROVED                  REVISION                    SCALE          1" : 20'         SHEET NO.     03 of 5
                   STA 1+04 TO 1+15
                   11 FT WATERMAIN, DI, 8 INCH, TR DET, G                                                              STA 1+15 TO 5+08
                                                                                                                                                                    PROPOSED WATER MAIN AND ROAD IMPROVEMENTS
                                                                                                                       393 FT WATERMAIN, DI, 8 INCH, TR DET, G                                                                                                                                                                                                                                                                                                                                              STA 5+08 TO 5+19
                   2 EA BEND, 8 INCH, 45 DEGREE, DI MJ                                                                                                                                                                                                                                                                                                                                                                                                                                                      2 FT WATERMAIN, DI, 8 INCH, TR DET, G
                   1 EA CUT AND CAP, 6 INCH                                                                                                                                                                                          952 SFT SIDEWALK, CONC. 4 INCH
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            2 EA BEND, 8 INCH, 45 DEGREE, DI MJ
                   1 EA SLEEVE, 8 INCH, LONG, DI MJ                                                                                                                                                                                                                                                                                                                                                                                                                                                         1 EA CUT AND CAP, 6 INCH
                                                                                                                                                                                                                                                                                                                                                                    STA 3+95 to 4+21                                                                                                                        1 EA SLEEVE, 8 INCH, LONG, DI MJ
                                                                                                                                32 SYD DRIVEWAY, NON REINF, 8 INCH                                               STA 1+01 TO 5+19                                                                                                                                   27 SYD DRIVEWAY, NON REINF, 8 INCH
                                                                                                                                                                                                                 696 FT CURB AND GUTTER, CONC DET F4                                                                                                                                                                                                                                               PIN: 367-0011-00




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         WV
                                                                                  MUSKEGON, MI 49441
                                                                                  Address: 1188 4th St




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       MP
                                                                                                                                                                                                                                                                                                   MUSKEGON, MI 49441
                                                                                                                                                                                                                    MUSKEGON, MI 49441




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      3" GAS MAIN
                                                                                                                                                                                                                                                                                                   Address: 244 Monroe
                                                                                                                                                                                                                    Address: 250 Monroe




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    MH
                                                                                  Owned By:




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              N
                                                                                                                                                                                                                                                                                                   Owned By:
                                                                                  PIN:




                                                                                                                                                                                                                    Owned By:




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          A
                                                                                                                                                                                                                                                                                                   PIN:




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   MP
                                                                                                                                                                                                                    PIN:
    4th Street




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     Owned By: IIS PROPERTIES LLC




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     3rd Street
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     MUSKEGON, MI 49441                                                                                                                                                                   0        10
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               20          40
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     Address: 1147 THIRD ST




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          3" ELEC. CONDUIT
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     PIN: 367-0011-10                                                                                                                                                                                                           Feet
                                 hydrant




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               1:20
                                 616.36
                                 bolt




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      LEGEND                                                              BENCHMARKS:
                          HYD




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          1 MAG NAIL, 1ST ST. DEAD END




                                                                                                                                                                                                                                                                                                                                       CS
                                                                                                                                                                                                            CS




                                                                                                                                                                                                                                           CS


                                                                                                                                                                                                                                                    CS




                                                                                                                                                                                                                                                                                       CS
                                                                                                                                                                                                                                                                                CS
                                                                                                                  CS
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              616.57
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        HMA, 4E3




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             hydrant

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             616.76
                                                                                                                                                                                                                                                                                                                                                                                                                                         dg




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             bolt
                                                                                                                                                                                                                                                                                                                                                                                                                                          uy
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          2 3RD/MONROE HYDRANT BOLT




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 HYD
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            UNDER "A" IN U.S.A.




                                                                                                                                                               MP




                                                                                                                                                                                                                                                                                                                                                                                                                                  dg
                                                COM. HANDHOLE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  WV WV
                                                                                                                                                                                                                                                                                                                                                                                                                                  uy




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    WV
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        DRIVEWAY, NONREINF, 8 INCH                            618.51
                   WV
                 WV

                 WV




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          3 4TH/MONROE HYDRANT BOLT




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          WV
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     CB




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    WV
                                                  CB




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            UNDER "A" IN U.S.A.

                                                                                                                                                                                                                                                                                MONROE AVE                                                                                                                                                            4+50                                                                5+00                                                                                 5+45                                                     SIDEWALK, CONC, 4 INCH                                617.62




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MH
                                                                                                                                                                                                                                                                                                                                                 3+50                                                             4+00
                                                                                                                                      2+00                                                       2+50                                                          3+00
                    1+00                                                  1+50




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     MH




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               WV
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        SIDEWALK, CONC, 6 INCH
                                                CB




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         CB
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        HYDROSEEDING




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               MH
                                                                                                                                                                                          MP




                                                                                                                                                                                                                                                         CS
                                                                                                                                                                                          CS




                                                                                                                                                                                                                                                                                                                                                                                                      CS
                                                                                                                                                                                                                                                                                                                                               CS
                                                                                                                                                                                                                                                                                                                                                    CS
                                                                                                                                                                                                                                                                                     CS




                                                                                                                                                                                                                                                                                                                                                                                                                                               LP
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        1 INCH WATER SERVICE SCHEDULE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MUSKEGON, MI 49441
                                                       CS




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Address: 1157 3RD ST
                                                                                                                                                              CS




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      1 INCH COPPER         1 INCH CURB              PRIVATE           BUILDING
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          LOCATION            ADDRESS          1 INCH CORP.




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Owned By:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            (FT)                STOP               PROPERTY (FT)        CONN.




                                                                                                                                                                                                                                   MUSKEGON, MI 49441
                                                                                                                                                                                                                                   MUSKEGON, MI 49441
                                                                                                                                                                                                                                                                                                                                                                                                                   STA 4+00 to 4+33




                                                                                                                                                                                                                                   Address: 249 Monroe



                                                                                                                                                                                                                                   Address: 247 Monroe
                                                                                                                                                                                                                                                                                                           607 SFT SIDEWALK, CONC. 4 INCH
                                                                                                                                                                                                                                                                                                                                                                                                                   39 SYD DRIVEWAY, NON REINF, 8 INCH




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              PIN:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            1+20         1204 4TH STREET                  1                38                      1                     45               1
                                                                                                                                                                    MUSKEGON, MI 49441




                                                                                                                                                                                                                                                                                                                                                         MUSKEGON, MI 49441
                                                                                                                                                                                                                                                                                                                         MUSKEGON, MI 49441




                                                                                                                                                                                                                                                                                                                                                                                Address: 235 MONROE
                                                                                                                                                                                                                                                                                                                                                                                MUSKEGON, MI 49441




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       3" GAS MAIN
                                                                                                                                                                    Address: 253 Monroe




                                                                                                                                                                                                                                                                                                                         Address: 239 Monroe




                                                                                                                                                                                                                                                                                                                                                         Address: 237 Monroe
                                                                                                                                                                                                                                                                                     MUSKEGON, MI 49441
                                                                                                                                                                                                                                   Owned By:
                                                                                                                                                                                                                                   Owned By:
                                                                                         MUSKEGON, MI 49441
                                                                                         Address: 1204 4TH ST




                                                                                                                                                                                                                                                                                     Address: 243 Monroe
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            1+69         1188 4TH STREET                  1                30                      1                     18               1
                                                                                                                                        MUSKEGON, MI 49441
                                                                                                                                        Address: 257 Monroe




                                                                                                                                                                                                                                   PIN:



                                                                                                                                                                                                                                   PIN:
     STA 1+01 TO 5+13                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       2+10           257 MONROE                     1                41                      1                     20               1
                                                                                                                                                                                                                                                                                                                                                                                                               STA 4+33 to 4+55
                                                                                                                                                                    Owned By:




     1127 SYD, AGGREGATE BASE, 8 INCH




                                                                                                                                                                                                                                                                                                                                                         Owned By:
                                                                                                                                                                                                                                                                                                                         Owned By:




                                                                                                                                                                                                                                                                                                                                                                                Owned By:
                                                                                                                                                                                                                                                                                     Owned By:
                                                                                         Owned By:




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         253 MONROE, LOT
                                                                                                                                        Owned By:




     142 TON, HMA, 4E3, LEVELING                                                                                                                                                                                                                                                                                                                                                                               29 SYD TOPSOIL SURFACE, FURN, 4 INCH                                                                                                                                                                                         2+40                                          1                38                      1                     0                0
                                                                                                                                                                    PIN:




                                                                                                                                                                                                                                                                                                                                                         PIN:
                                                                                                                                                                                                                                                                                                                         PIN:




                                                                                                                                                                                                                                                                                                                                                                                PIN:
                                                                                                                                                                                                                                                                                     PIN:
                                                                                                                                                                                                                                                                                                                                                                                                               29 SYD HYDROSEEDING
                                                                                         PIN:




     142 TON, HMA, 4E3, TOP




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       LP
                                                                                                                                        PIN:




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       HH
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            2+54           250 MONROE                     1                30                     0                      0*               0
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            2+77           250 MONROE                     1                30                     0                      0*               0
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            2+85           250 MONROE                     1                30                     0                      0*               0
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            2+90         249, 247 MONROE                  1                40                      1                     40               2
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            3+12           250 MONROE                     1                30                     0                      0*               0
                                                                                                                                                                                                                                                                                                                                                                               3+68                                                                                                                                                                                                                                                         3+19           243 MONROE                     1                40                     0                      0*               0
                                                                                                                                                                                                                                                    PROP. CENTER LINE                                                                                                          PROP HP 617.21
                                                                                                                                                                                                                                                                                                                                                                                                                                                                      MATCH EXISTING CL                                                                                                                                                     3+20           250 MONROE                     1                30                     0                      0*               0
                                             EXISTING CENTER LINE                                                                                                                                                                         PROP. AGGREGATE GRADE                                                                                                                                                                                                                                                                                        5+19
                                                                                                                                                                                                                                             PROP. SUBGRADE                                                                                                                                                                                                           4+55 to 5+19                                                                                                                                                          3+42           250 MONROE                     1                30                     0                      0*               0
                                    1+01
                 618                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       618                                              3+45           239 MONROE                     1                40                     0                      0*               0
                                                       STA 1+17                                                                                                                                                                                                                                                                                                                                                                                                               STA 4+64                                                                                                                                                      3+49           237 MONROE                     1                40                     0                      0*               0
                                                       615.96 LOWPOINT                                                                                                                                                                                                                                                                                                                                                                                                        616.73
                 617                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       617                                              3+76           235 MONROE                     1                40                     0                      0*               0

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               TOTAL                      15             527 FT                   4                    123 FT             5
                 616                                                                                                                                                                                                                                                                   STA 1+17 TO 3+68                                                                                                    STA 3+68 TO 4+64                                                                                                                                                                 616
                                                                                                                                                                                                                                                                                       PROP SLOPE .5%                                                                                                      PROP SLOPE .4%                                                                                                                                                                                                                                                                                                                         * = NEW CONST.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  NEW 1" SERVICE
                  615                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        615

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         QUANTITIES THIS SHEET
                 614                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       614
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   DESCRIPTION                                                  QUANTITY                        UNIT
 EX. 8" to 6"
REDUCER WATERMAIN                                                                                                                                                                                         HOLD 5.5" MIN.                                                                                                                                                 6" EX. WATERMAIN                                                                                                                                                                                                                                                AGGREGATE BASE, 8 INCH                                                                   1127                          SYD
              613                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          613
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         MAINTENANCE GRAVEL, LM                                                                    5                            CYD
8" EX. WATERMAIN                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              8" EX. WATERMAIN                                                                           HMA, 4E3, LEVELING                                                                       142                           TON
                  612                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         612
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         HMA, 4E3, TOP                                                                            142                           TON
                                                                                                                                                                                                                                                                                                                                                                                                                                                             EX. 8" to 6" REDUCER WATERMAIN
                                                            HOLD 1.5" MIN.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                HOLD 1.5" MIN.                                                                                                                                                           HAND PATCHING                                                                             2                            TON
                  611                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        611
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         DRIVEWAY, NONREINF. 8 INCH                                                                98                           SYD
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         CURB AND GUTTER, CONC DET F4                                                             696                           FT
                 610                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        610
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         SIDEWALK, CONC. 4 INCH                                                                   434                           SFT
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         SIDEWALK, CONC, 6 INCH                                                                   296                           SFT
                 609                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        609
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                5+13                                                                     TOPSOIL SURFACE, FURN, 4 INCH                                                            854                           SYD
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                8" PROP. WATERMAIN TIE IN                                                HYDROSEEDING                                                                             854                           SYD
                 608                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 608
                                           1+03                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          CORPORATION STOP, 1 INCH                                                                  15                           EA
                                           8" PROP. WATERMAIN TIE IN                                                                                                                                                                                                                                                                                                     8" PROP. WATERMAIN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         CURB STOP AND BOX, 1 INCH                                                                 15                           EA
                 607                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       607
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         WATER SERVICE, 1 INCH, COPPER TYPE K                                                     527                           FT
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         WATER SERVICE, PRIVATE PROPERTY, 1 INCH                                                  123                           FT
                 606                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       606
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         WATER SERVICE, BUILDING CONNECTION, 1 INCH                                                5                            EA
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         WATERMAIN, DI, 8 INCH, TR DET G, MODIFIED                                                406                           FT
                 605                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       605
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         BEND, 8 INCH, 45 DEGREE, DI MJ                                                            4                            EA
                                           LP 615.96
                                           LP 615.96




                                                                                                                                                                                                                                                                                                                                                                                                                                                                         EXISTING
                                                                                                                                                                                                                                                                                                                                                                                                                                                                         HP 616.73
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         CUT AND CAP, 6 INCH                                                                       2                            EA
                                                                                                                                                                                                                                                              616.53
                                                                                                                                                                                                                                                                       616.87
                                                                         616.18
                                                                                     616.12




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         SLEEVE, 8 INCH, LONG, DI MJ
                                                                                                                                    616.37
                                                                                                                                               616.37




                                                                                                                                                                                                                                                                                                                                               616.62
                                                                                                                                                                                                                                                                                                                                                        617.12




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       616.54
                                                                                                                                                                                               616.44




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     616.54
                                                                                                                                                                                                        616.62




                                                                                                                                                                                                                                                                                                                                                                                                                616.70
                                                                                                                                                                                                                                                                                                                                                                                                                         616.29
                        616.09




                                                                                                                                                                                                                                                                                                                                                                                                                                                    616.72
                                                                                                                                                                                                                                                                                                                                                                                                                                                             616.75
                        616.09




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   616.43
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             616.43
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   2                            EA




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         PLAN AND PROFILE
                                               EXISTING C.L.                                                    PROPOSED C.L.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  STREET AND UTILITY IMPROVEMENTS
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         CITY OF MUSKEGON                                               Monroe from 3rd to 4th
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     OFFICE OF THE CITY ENGINEER
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     DRAWN     K Parker 10/2020 REVISION                               SURVEY     FP/KP           9/2020 PROJECT NO
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     CHECKED                    REVISION                               AS-BUILT                                   H 92037
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     APPROVED                   REVISION                               SCALE           1" : 20"         SHEET NO.        04 of 5
                                                                                                                                                                                              TRAFFIC CONTROL DETAIL




                                                                                                                                                                                                                                                             MUSKEGON, MI 49441
                                                                                                                                                                                        MUSKEGON, MI 49441




                                                                                                                                                                                                                                                             Address: 244 Monroe
                                                                                                                                                                                        Address: 250 Monroe




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Owned By: ALLIANCE PREFERRED PROPERTIES LLC
                                                                                                                                                                                                                                                             Owned By:
                                                                                                                                                                                        Owned By:




                                                                                                                                                                                                                                                             PIN:
                                                                                                                                                                                        PIN:
                                      4th Street
                                                                                                                                                                                                                                                                                                                                                                                                        Owned By: IIS PROPERTIES LLC




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  3rd Street
                                                                                                                                                                                                                                                                                                                                                                                                        MUSKEGON, MI 49441




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Address: 1144 THIRD ST
                                                                                                                                                                                                                                                                                                                                                                                                        Address: 1147 THIRD ST




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                MUSKEGON, MI 49441




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       N
                                                                                                                                                                                                                                                                                                                                                                                                        PIN: 367-0011-10




                                                   hydrant

                                                   616.36




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                PIN: 365-0001-00
                                                   bolt




                                                                                                                                                                                                                                                                                                                                                                                                                                                                hydrant

                                                                                                                                                                                                                                                                                                                                                                                                                                                                616.76
                                                                                                                                                                                                                                                                                                                                                                                                                                                                bolt
                                                                                                                                                                                                                                         MONROE AVE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    mag nail
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    616.57
                                                                                                                                                                                                                                                                                                                                                                                                                                 MUSKEGON, MI 49441
                                                                                                                                                                                                                                                                                                                                                                                                                                 Address: 1157 3RD ST
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        2 EA    BARRICADE, TYPE III, LIGHTED




                                                                                                                                                                                                                                                                                                                                                                                                                                 Owned By:
                                                                                                                                                                                                       MUSKEGON, MI 49441



                                                                                                                                                                                                       MUSKEGON, MI 49441
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        1 EA    RII-2




                                                                                                                                                                                                       Address: 249 Monroe



                                                                                                                                                                                                       Address: 247 Monroe
                                                                                                                                                                                                                                                                                                                                                                 15 EA PLASTIC DRUM                                                                                                                     5 EA    PLASTIC DRUM




                                                                                                                                                                                                                                                                                                                                                                                                                                 PIN:
                                                                                                                                                                  MUSKEGON, MI 49441




                                                                                                                                                                                                                                                                                                         MUSKEGON, MI 49441
                                                                                                                                                                                                                                                                                   MUSKEGON, MI 49441




                                                                                                                                                                                                                                                                                                                               Address: 235 MONROE
                                                                                                                                                                                                                                                                                                                               MUSKEGON, MI 49441
                                                                                                                                                                  Address: 253 Monroe




                                                                                                                                                                                                                                                                                   Address: 239 Monroe




                                                                                                                                                                                                                                                                                                         Address: 237 Monroe
                                                                                                                                                                                                       Owned By:



                                                                                                                                                                                                       Owned By:




                                                                                                                                                                                                                                               MUSKEGON, MI 49441
                                                                                          MUSKEGON, MI 49441
                                                                                          Address: 1204 4TH ST




                                                                                                                                                                                                                                               Address: 243 Monroe
                                                                                                                                    MUSKEGON, MI 49441
2 EA   BARRICADE, TYPE III, LIGHTED                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      E) W.



                                                                                                                                    Address: 257 Monroe




                                                                                                                                                                                                       PIN:



                                                                                                                                                                                                       PIN:
1 EA   RII-2
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       V
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      A .O.




                                                                                                                                                                  Owned By:




                                                                                                                                                                                                                                                                                                         Owned By:
                                                                                                                                                                                                                                                                                   Owned By:
5 EA   PLASTIC DRUM




                                                                                                                                                                                                                                                                                                                               Owned By:
                                                                                                                                                                                                                                               Owned By:
                                                                                          Owned By:




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    E
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   O DR



                                                                                                                                    Owned By:




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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  R




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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 N TE
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               O
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             (M ACA
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               V
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             QUANTITIES THIS SHEET

                                                                                                                                                                                                                                                                                                                                                                                                                                                        SIGN              DESCRIPTION                                                                                                  QUANTITY                AREA      TOTAL AREA
                                                                                                                                                                                                                                                                                                                                                                                                                                                        W21-4             ROAD WORK AHEAD                                                                                                              5       16 SFT    80 SFT
                                                                                                                                                                                                                                                                                                                                                                       SPECIAL SIGNS                                                                    W20-3             ROAD CLOSED AHEAD                                                                                                            3       16 SFT    48 SFT

                                                                                                                                                                                                                                                                                                                                                                             SS-1                                                                       R11-2             ROAD CLOSED                                                                                                                  2       10 SFT    20 SFT

                                                                                                                                                                                                                                                                                                                                                                              48"                                                                                                                                                                                                                                        148 SFT


                                                                                                                                                                                                                                                                                                                                                                        MONROE AVE          6"




                                                                                                                                                                                                                                                                                                                                                                 12"
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        SIGN, TYPE B, TEMPORARY, SPECIAL
                                                                                                                                                                                                                                                                                                                                                                                                                                                        SIGN              DESCRIPTION                    QUANTITY     AREA (SFT)                                              TOTAL AREA (SFT)
                                                                                                                                                                                                                                                                                                                                                                                                                                                        SS-1              MONROE AVE.                          2            4                                                              8
                                                                                                        1 EA     W21-4




                                                                                                                                                                                                                       2 EA   BARRICADE, TYPE III, LIGHTED
                                                                                                                          1 EA W20-3                                                                                   1 EA   RII-2
                                                                                                                                                                                                                       5 EA   PLASTIC DRUM                                                                                                                                                                                                                                                             QUANTITIES THIS SHEET
                                                                                                                          1 EA SS-1
                                                                                                                                                                                                                                                                                                                                                                                                                                                        DESCRIPTION                                                                                                                                 QUANTITY      UNIT
                                                                                                                                                                                                                                                                                                                                                                                                                                                        MAINTENANCE GRAVEL, LM                                                                                                                          2         CYD
                                                             1 EA   W21-4
                                                                                                                                                                                                                                                                                                                                                     TRAFFIC CONTROL NOTES:                                                                             MINOR TRAFFIC CONTROL DEVICES                                                                                                                      1      LS
                                                                                                                                                                                                                                                                                                                                                     1.   THE CONTRACTOR SHALL CLOSE MONROE AVE COMPLETELY,                                             BARRICADE, TYPE III, HIGH INTENSITY, LIGHTED, FURN                                                                                              4         EA
                                                                                                                                                                                                                                                                                                                                                          ACCORDING TO THIS TRAFFIC CONTROL PLAN.                                                       BARRICADE, TYPE III, HIGH INTENSITY, LIGHTED, OPER                                                                                              4         EA
                                                                                                                                                                                                                                                                                                                                                     2.   THE CONTRACTOR SHALL MAINTAIN ACCESS TO BUSINESSES,                                           PLASTIC DRUM, HIGH INTENSITY, FURN                                                                                                             25         EA
                                                                                                                                                                  CONSTRUCTION AREA                                                                                                                                                                       RESIDENCES, AND CROSS STREETS WITH MAINTENANCE GRAVEL AS                                      PLASTIC DRUM, HIGH INTENSITY, OPER                                                                                                             25         EA
                                                                                                                                                                                                                                                                                                                                                          DIRECTED BY THE ENGINEER. CONTRACTOR MAY USE AGGREGATE OR                                     SIGN, TYPE B, TEMP, PRISMATIC, FURN                                                                                                            148        SFT
                                                                                                                                                                                                                        1 EA W20-3
                                                                                                                                                                                                                        1 EA SS-1                                                                                                                         HMA MILLINGS. AGGREGATE OR HMA MILLINGS USED TO MAINTAIN                                      SIGN, TYPE B, TEMP, PRISMATIC, OPER                                                                                                            148        SFT
                                                                                                                                                                                                                                                                                                                                                          TRAFFIC WILL BE PAID AT THE BID PROPOSAL UNIT PRICE FOR                                       SIGN, TYPE B, TEMP, PRISMATIC, SPECIAL, FURN                                                                                                    8         SFT
                                                                            2 EA   BARRICADE, TYPE III, LIGHTED
                                                                            1 EA   RII-2                                                                                                                                                                                                                                                                  MAINTENANCE GRAVEL.                                                                           SIGN, TYPE B, TEMP, PRISMATIC, SPECIAL, OPER                                                                                                    8         SFT
                                                                            5 EA   PLASTIC DRUM
                                                                                                                                                                                                                                                                                                                                                                                                                                                        TRAFFIC REGULATOR CONTROL                                                                                                                          1      LS




                                                                                                                                                                                                                                           1 EA         W21-4
                                                                                                                                     1 EA                 W20-3



                                                                                                                         1 EA   W21-4




                                                                                                                                                                                                         1 EA     W21-4




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 CITY OF MUSKEGON                                                                               Monroe from 3rd to 4th
                                                                                                                                                                                                                                                                                                                                                                                                                                                                               OFFICE OF THE CITY ENGINEER
                                                                                                                                                                                                                                                                                                                                                                                                                                                                               DRAWN     K Parker 10/2020 REVISION                                                            SURVEY           FP/KP   9/2020 PROJECT NO
                                                                                                                                                                                                                                                                                                                                                                                                                                                                               CHECKED                    REVISION                                                            AS-BUILT                                   H 92037
                                                                                                                                                                                                                                                                                                                                                                                                                                                                               APPROVED                   REVISION                                                            SCALE             -               SHEET NO.    05 of 5
                      TYPICAL PROPOSED CROSS SECTION                                                                                                                                                                                                          TYPICAL EXISTING CROSS SECTION                                                                                                                                                                                                                                                                                                                                          ESTIMATED QUANTITIES
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     SIGN, TYPE B, TEMPORARY
                                            STATION 0+31 TO 4+30                                                                                                                                                                                                                     STATION 0+31 TO 4+30                                                                                                                                                                                                                                                                                                                                                             QUANTITY                       AREA (SFT)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           SIGN                                         DESCRIPTION                                                                                                                          TOTAL AREA (SFT)

                                                       20' ROW (ALLEY)                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           RII-2                                ROAD CLOSED                                                              2                               16                                                        32
                                                                                                                                                                                                                                                                                                                 20' ROW (ALLEY)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 W21-4                                ROAD WORK AHEAD                                                          4                               16                                                        64

                                               10'                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               R9-9                                 SIDEWALK CLOSED                                                          4                                   2                                                      8
                                                                                                                                                                                                                                                                                                 10'
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 R9-10                                SIDEWALK CLOSED, USE OTHER S                                             4                                   3                                                      12
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           TOTAL:                                                        116
                                                                                                                              EXISTING BUILDING
                                                                                                                                                                                                                                                                                                                                                                                                EXISTING BUILDING

                                            TYP. 2% SLOPE                TYP. 2% SLOPE                                                                                                                                                                                                                                                                  ES
                                                                                                                                                                                                                                                                                                                                        TYP. SLOPE VARI
MATCH EXISTING GRADE                                                                                                          MATCH EXISTING GRADE
                                                                                                                                                                                                                                                                                                                                                                                                MATCH EXISTING GRADE


                          PROP 2" HMA, 4E3 TOP COURSE
                         PROP 2" HMA, 4E3 LEVELING COURSE           PROP AGGREGATE BASE, 8 INCH                                                                                                                                                                             EX. CONCRETE - VARIES
                                                                MACHINE GRADING, MODIFIED LIMITS




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             NOTES:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           STA 3+97
                                                                                                                                                                                                                                                                                                                                     STA 0+37 4+35                                                                                                                 ADDITIONAL QUANTITIES THIS SHEET                                                                                                                                        1 EA DR STRUCTURE, REM
                            QUANTITIES THIS SHEET                                                                                                                STA 0+19    TO 0+31                                                                                                                                                 7 EA   DR STRUCTURE, REM                                                                                                                                                                                                                                                                              1 EA DR STRUCTURE, 48 INCH DIA
                                                                                                                                                                 35 FT       CURB AND GUTTER, DET F4                                                                                                                                                                                                                                                               STA 0+31 TO 4+30
                                                                                                                                                                                                                                                                                                                                     5 EA   DR STRUCTURE, 48 INCH DIA                                                                                              195 TON   HMA, 4E3                                                                                                                                                      7 FT DR STRUCTURE, ADD DEPTH OF 48 INCH DIA, 8 FOOT TO 15 FOOT
                      DESCRIPTION                           QUANTITY     UNIT                                                                                    10 SYD      DRIVEWAY, NONREINF CONC, 8 INCH                                                                                                                         400 FT SEWER, REM, LESS THAN 24 INCH                                                                                                                                                                                                                                                                  15 FT SEWER, PVC SDR 35, 10 INCH, TR DET B
                                                                                                                                                                 100 SFT     SIDEWALK, CONC, 7 INCH                                                                                                                                                                                                                                                                890 SYD   AGGREGATE BASE, 8 INCH
                                                                                                                                                                                                                                                                                                                                     400 FT SEWER, PVC SDR 35, 12 INCH, TR DET B                                                                                   4 STA     MACHINE GRADING, MODIFIED                                                                                                                                     1 EA DR STRUCTURE COVER, TYPE B
MACHINE GRADING, MODIFIED                                           4 STA                                                                                        55 SFT      SIDEWALK, CONC, 4 INCH                                                                                                                                  8 EA   SEWER, WYE, 12 x 6




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          THIRD STREET
                                                                                                                                                                                                                                                                                                                                                                                                                                                                   1 LSUM    ABOVE GROUND VIDEO SURVEY




                                                                                                               FORTH STREET
PAVT, REM, MODIFIED                                                                                                                                              2 TON       HMA HAND PATCH                                                                                                                                          40 FT SEWER, LATERAL 6 INCH, MODIFIED
                                                                 1000 SYD
                                                                                                                                                                                 STA 0+19 TO 4+46                                                                                                                                    2 EA   DR STRUCTURE COVER, TYPE B (SOLID)                                                                                                                                                                                                                                                                                                     SAN MH# 14
DR STRUCTURE, REM                                                   8 EA                                                                                                         1,000 SYD PAVT, REM, MODIFIED                                                                                                                                                                                                                                                                                                                                                                                          SAN MH# 11
                                                                                                                                                                                                                                                                                                                                     3 EA   DR STRUCTURE COVER, TYPE D (CB)                                                                                                                                                  SAN MH# 10




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             Date:
AGGREGATE BASE, 8 INCH                                            890 SYD                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            STM MH# 15
SEWER, REM, LESS THAN 24 INCH                                     400 FT                                                                                                                                                                                                                                                                                             CB# 05                                                                                 CB# 08




                                                                                                                                        12" STORM




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               12" VCP SANITARY
                                                                                                                                                                                                                                                GAS
                                                                                                                                                                                                              CB# 03
SEWER, WYE, 12X6                                                    8 EA                                                                                                                                                                                                                                                                                                                                                                                                                                                                  CB# 09




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   36" STORM
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   GAS
                                                                                                                                                                                                                                                                                                                                                                                                  STM MH# 07
SEWER LATERAL, 6 INCH, MODIFIED                                     8 EA




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ENTRANCE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ENTRANCE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ENTRANCE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               ENTRANCE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ENTRANCE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                ENTRANCE
                                                                                                                                                                                                                                                                                                                                                              ENTRANCE
SEWER, PVC SDR 35, 10 INCH, TR DET B                               15 FT




                                                                                                                                                                                                                                                GAS
                                                                                                                                                                                                                 SAW




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           MH
SEWER, PVC SDR 35, 12 INCH, TR DET B                              400 FT




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                GAS
                                                                                                                                                                                                                                                                                                                                                                                                                                                GAS




                                                                                                                                                                                                                                                                                                                                 GTMH




                                                                                                                                                                                                                                                                                                                                                                                                                                                        MH
                                                                                                                                                                                                                                                                                                                                                                                                                                  MH




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                MH
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MH
SEWER BULKHEAD, 15 INCH                                             2 EA                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     8" VCP SANITARY




                                                                                                                                                                                                                                                                                                                                    E




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  MH
                                                                                                                                                                                      B. E
                                                                                                                                 GTMH




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                MH
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         4+65




                                                                                                                                                                                                                                   GAS
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 4+00




                                                                                                                                                                                                                                         GAS
                                                                                                                                                                                                                                                                                                                                                     2+00                                                                                                                           3+00




                                                                                                                                                                                           .
                                                                                                                     0+00                                                                                                                      1+00                                                                                                                      12" VCP SANITARY                                                                                                                                                                    12" VCP SANITARY




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           GAS
                                                                                                                                    E
DR STRUCTURE, 48 INCH DIA                                           6 EA                                                                                         12" VCP SANITARY




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   MH
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             12" STORM




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           B.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           B. E.
                                                                                                                                                                                                                                                                                                                                                                                                                B. E.




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           B. E.




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            CB
                                                                                                                                                                                                                                                                                                                                                                                                                B. E.
                                                                                                                                                                                                                                                                                                                                                                                                     B. E.




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 MH
                                                                                                                                                                                                                                                                                                                                                                                                                                                GAS
                                                                                                                                                                                                                                                                                                                                                                                                      B. E.




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             Revisions:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              E.
                                                                                                                                                                                                                 12" STORM                                                                                                                                                                                                                                                                                                                                   12" STORM




                                                                                                                                                                                                                                                                                                                                           CB




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      MH
                                                                                                                                                                          CB
                                                                                                                                                                                                                                                                                                                                                                                                                          12" STORM




                                                                                                                                                                                                                                                                                                                                                                                                                                                                           CB
                                                                                                                                                                MMHH
                                                                                                12" VCP SANITARY




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            CB



                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       MH
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       12" VCP SANITARY




                                                                                                                                                                                                                                                                                                                        MH
DR STRUCTURE, ADD DEPTH OF 48 INCH DIA, 8 FOOT TO 15                7 FT                                                                                                                                                                                                            12" STORM
                                                                                                                                   MH
                                                                                                                                                                                                                                                                                                                                                                  12" STORM




                                                                                                                                                                                                                                                                                                                                                                                         MH
                                                                                                                                                                                                                                                                                                                                                                                                                                                                     GAS        GAS                    GAS                   GAS                                GAS




                                                                                                                                                                                                                                                                                                                                                                                                                                                       MH
                                                                                                                                                                                                      B. E.              B. E.                        B. E.         B. E.                B. E.                  B. E.        B. E.           B. E.                                                                                                                                                                                                                               GAS                        GAS     GAS        GAS                     GAS   B. E.                 B. E.
                                                                                                                                                                                                                                                                                                                                                                B. E.                                                                                                                                                                                                                                               B. E.         B. E.                               GAS
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         B. E.                      B. E.
                                                                                                                                                                                                GAS                                                                                                                                                                                                                                                                                                     B. E.                             B. E.                                                                                                                                                            B. E.
DR STRUCTURE COVER, TYPE D                                                                                                                                                 B. E.GAS                                              GAS                                                                                                                                                                                                                    B. E.               B. E.
                                                                    3 EA
                                                                                                                                                                                                                GAS




                                                                                                                                                                                                                                                                                                                                                                                                                                       MH
                                                                                                                                                    GAS           GAS                  B. E.                                                                                                                                                                                            B. E.           B. E.                      B. E.
                                                                                                                                                                                                                                                                                                                                                                                                                                                   S
                                                                                                                                                                                                                                                                                                                                                                                                                                                GA




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            GAS




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             2.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             3.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   36" STORM




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             1.
                                                                                                                                                                B. E.
DR STRUCTURE COVER, TYPE B                                          3 EA




                                                                                                                                                                                                                                                                                                                                                                                   CB




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      12" VCP SANITARY
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         GAS
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               GV
DR STRUCTURE, ADJ, CASE 1                                            1 EA                                                                                                                                                                                                                                                                    SAW                                                                                       S
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          SAN MH# 12




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 MH
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      MH
                                                                                                                                                                                                                                                                                                                                                                                                                                  GA
                                                                                                                                                                                                                                                                                  STM MH# 04
HMA, 4E3, LEVELING                                                 98 TON
                                                                                                                                                                                                                                                                                                                                                          CB# 06                                                    GAS




                                                                                                                                                                                           CB
HMA, 4E3, TOP                                                      98 TON
                                                                                                                                                                                                                                                                                                                                                                                                                            GAS

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        CB# 13
                                                                                                                                                                                                                                                                                                                                                                            ELEC VAULT
HAND PATCHING                                                       4 TON                          SAN MH #01
DRIVEWAY, NONREINF CONC. 8 INCH                                    22 SYD
                                                                                                                                                                                                                                                                                                                                                                          STA 2+75                                                                                                                                                                                                                           STA 4+30   TO 4+44
CURB AND GUTTER, CONCRETE, DET F4                                  75 FT                                                                                                                                                                                                                                                                             1 EA DR STRUCTURE, ADJ, CASE 1                                                                                                                                                                                                                          40 FT       CURB AND GUTTER, DET F4




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             Date: 02/2021
                                                                                                                     STM MH #02                                                                                                                                                                                                                               (UNKNOWN STRUCTURE)
SIDEWALK, CONC. 4 INCH                                            155 SFT                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    12 SYD      DRIVEWAY, NONREINF CONC, 8 INCH




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             Drawn:JB

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             Checked:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             100 SFT     SIDEWALK, CONC, 7 INCH
SIDEWALK, CONC. 7 INCH                                            200 SFT
                                                                                                                                                                                                                                                                                                                                                                                ALLEY PLAN & PROFILE                                                                                                                                                                                                         100 SFT     SIDEWALK, CONC, 4 INCH




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             Date:
ABOVE GROUND VIDEO SURVEY                                            1 LSUM                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  2 TON       HMA HAND PATCH
                                                                                                                                                                                                                                                                                                                                                                                     NORTH OF CLAY & SOUTH OF WESTERN
MINOR TRAF DEVICES                                                   1 LSUM




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MATCH EX. BC
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             GRADE BREAK
                                                                                                                                                          BACK SIDEWALK




BARRICADE, TYPE III, HIGH INTENSITY, FURN                           4 EA




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             STA 4+38.5



                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              STA 4+42.5
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  GRADE BREAK




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             EL: 609.09



                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              EL: 608.81
PEDESTRIAN TYPE II BARRICADE, TEMP                                  4 EA




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            STA 4+30.5
                                                                                                                                                                                                                                                                            HIGH POINT




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            HIGH POINT
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  STA 3.56.8
                                                                                                                                                                                                                                                                                                                                             LOW POINT
                                                                                                                                                          STA 0+31.2




                                                                                                                                                                                                                                                                            STA 1+30.8
                                                                                                                                                          EL: 606.58




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            EL: 609.25
                                                                                                                                                                                                                                                                                                                                             EL: 607.42




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  EL: 608.24
                                                                                                                                                                                                                                                                            EL: 607.75




                                                                                                                                                                                                                                                                                                                                             STA 1+93
PLASTIC DRUM, HIGH INTENSITY, FURN                                 20 EA
SIGN, TYPE B, TEMP, PRISMATIC, FURN                                116 SFT
EROSION CONTROL, INLET PROTECTION, FABRIC DROP                      4 EA
                                                                                          610                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            610
PROJECT CLEANUP                                                      1 LSUM
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   7%
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          PROP 1.3
                                                                                          609                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            609

                                                                                          608                                                                                                                                                                                                      PROP -0.53%                                                                                                                             PROP 0.50%                                                                                                                                                                                                                                                                                                                    608
                                                                                                                                                                                                                       PROP 1.2%
                                                                                          607                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            607

                                                                                          606                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            606




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                OFFICE OF THE CITY ENGINEERIMPROVEMENTS
                                                                                          605                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            605




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           H92046 ALLEY
                                                                                          604                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            604
                                                                              Elevation




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               Elevation
                                                                                                                                                                                                                                                                            M
                                                                                                                                                                                                                                                               EX. 12" STOR
                                                                                          603                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            603

                                                                                          602                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            602

                                                                                          601                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            601
                                                                                                                                                                                                                                                                                                                                                                                    AREA NOT SURVEYED
                                                                                                                                                                                                                                                                                                                  PROPOSED 12" STORM                                                (PLUGGED)




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           CITY OF MUSKEGON
                                                                                                                                                                                                                                                                                                                  406 FT (STA 0+37 TO
                                                                                          600                                                                                                                                                                                                                     4+43) AT 0.65% GRADE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         600

                                                                                          599                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            599
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               ARY
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 EX. 12" SANIT
                                                                                          598                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            598

                                                                                          597                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            597
                                                                                                                                                                                                        ARY
                                                                                                                                                                                          EX. 12" SANIT
                                                                                          596                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            596
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     EX. 10" SANITARY
                                                                                          595                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           595
                                                                                            -0+25                  0+00                                                    0+50                                                           1+00                                                     1+50                                              2+00                                                       2+50                                                            3+00                                                                                     3+50                                                   4+00                                                                4+50                                                             4+75
                                                                                                                                                                            606.59




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                607.96
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                607.96
                                                                                                                    606.92
                                                                                                                    606.92




                                                                                                                                                                                                                                                                                                       607.65




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     609.05
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     609.05
                                                                                                                                                                                                                                                                                                       607.67




                                                                                                                                                                                                                                                                                                                                                     607.47
                                                                                                                                                                                                                                                                                                                                                     607.54
                                                                                                                                                                                                                                           607.42
                                                                                                                                                                                                                                           607.40




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 608.83
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 608.87
                                                                                                                                                                                                                                                                                                                                                                                                                 607.82
                                                                                                                                                                            606.81




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          608.31
                                                                                                                                                                                                                                                                                                                                                                                                                 607.71




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          608.21
                                                                                                                                                                                      EXISTING C.L. EL. (TYP)                                                  PROP. C.L. EL. (TYP)                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           06
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: April 27, 2021               Title: Roberts Street – TEDF Application

Submitted By: Leo Evans                               Department: Public Works

Brief Summary:
Staff is requesting authorization to apply for State of Michigan FY2023 Transportation Economic
Development Category F Grant for a project to resurface Roberts Street from Sherman Blvd north to
Laketon Avenue.


Detailed Summary:
MDOT is requesting applications for FY2023 projects in the Transportation Economic Development
Category F program. Staff reviewed the program requirements and feels that Roberts Street is a good
fit for the targeted criteria.

The project is estimated to cost $900,000. Staff is proposing to request the maximum grant amount
and provide matching funds of $525,000 towards the project. In addition the City will be responsible to
pay for Engineering on the project which is estimated to cost an additional $50,000. If selected these
funds would be allocated from the Major Street budget in FY22-23.

A formal resolution of support is not required for TEDF – Category F applications.


Amount Requested: $575,000                           Amount Budgeted: $575,000

Fund(s) or Account(s): 202-TBD-5346/5355             Fund(s) or Account(s): 202-TBD-5346/5355

Recommended Motion:
Authorize staff to apply for the Category F grant through the MDOT Transportation Economic Development
program for Roberts Street between Sherman Blvd and Laketon Avenue.


Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
                                          CATEGORY F — Urban
                                          Areas in Rural Counties
                                          ELIGIBILITY CRITERIA

    Eligibility Requirements                                       Policy Guidelines
    Category F funding is available on a competitive basis            1. Proposed projects must be on the federal-aid
    through the Michigan Transportation Economic Devel-                  system.
    opment Fund (TEDF). These funds are available for
    road improvements in Federal Adjusted Census Urban                2. Grant awards are limited to a maximum
    Boundary areas of rural counties in order to provide                 of $375,000.
    system continuity with the secondary all-season road              3. Projects submitted for funding should be capable
    system. Statewide, $2.5 million of state funding is                  of being let or constructed within the fiscal year for
    available annually to fund these projects. Eligible                  which they are funded.
    applicants are county, city, and village road agencies
    within counties with a population of 400,000 or less.
                                                                      4. A grant award represents the maximum funds
                                                                         available for a project. Project costs that exceed
    These projects will be evaluated according to how well
                                                                         the grant are the responsibility of the applicant.
    they meet the criteria and will be scored according to
    the following factors: evidence of critical all-season            5. Projects that are not selected for funding one
    system continuity, commercial traffic flow, road condi-              year can be resubmitted the following year.
    tion, and safety.                                                 6. Multi-year phasing of Category F grants is
                                                                         not permitted.
    Category Objectives
    The objectives for Category F projects are to provide             7. If the project is part of a multiple grant proposal
    funding for transportation projects that:                            or is already programmed within another grant
                                                                         program, please identify in the project description
       zz are coordinated with the secondary all-season
                                                                         field the project limits, funding sources, and time
          system (TEDF Category D) or provide all-season
                                                                         frame of the other grant components.
          routes within a city,
       zz improve all-season capabilities on routes having            8.	Preventative Maintenance (PM) activities are not
                                                                         eligible. Project scope can include Resurfacing
          high commercial traffic, and
                                                                         (3R) or Reconstruction (4R).
       zz improve access to the state trunkline system.
    Operating Guidelines
       1. Projects should be coordinated with the
          secondary all-season system or provide
          all-season routes within a city.
       2. Engineering, utility, and right-of-way acquisition
          costs are not eligible for funding under Category F.
       3. A minimum local match of 20 percent is required.
          Overmatch is encouraged and will be considered
          when evaluating grant requests. Ineligible costs
          cannot be applied to the match calculation.




MDOT Office of Economic Development • “Transportation Solutions for Vibrant Communities” • www.michigan.gov/tedf • 517-335-1069
Roberts Street, Laketon Avenue to Sherman Boulevard - Vicinity Map




                                                                                                                                                                                    Creston
Continental


                                                                                          Laketon Ave




                                                                                                                                                                                       St
    St




                                            Madison St




                                                                                                                                                         Burton Rd
                                                                                                                                                                                                                  ar




                                                                                                                                        Rouse St




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                                                                          Ni                                                                                                                                           ve
                                                                            m                   NEWKIRK                  KERSCO                                                                                           y    St
                                                                                s
                                                                                    St          ELECTRIC                 DIVISION
                               Holbrook Ave                                                    ASSOC INC                   INC




                                                            Huizenga St



                                                                                    Brunswick St
                                                                                                                                            MUSKEGON              CITY OF
                                                                                                                                             CHARTER             MUSKEGON
                                                                                                                                                                                               HONEYWELL INC




                                                                                                     Vulcan St
                                                                                                                           LORIN            TOWNSHIP
                                                                                                                         INDUSTRIES

                                                      Tri-State Aluminum                                                                  KEATING
                                                    Castings Company, L.L.C.                                                            PROPERTY LLC
                                                                                                                                                                     Keating Ave
                 RESTOR IT        SYP
                  ALL INC      PROPERTIES                                                                                      Anytime Auto
                                  LLC                      LINK INVESTMENT




                                                                                                                                                                     Theresa St
                                                                                                                                                                                                  PHOENIX
                                                            PROPERTIES LLC                         INTRA CITY                                                                                   RECLAMATION
                                                                                                    DISPATCH                                                                                        LLC

      Delano Ave
                                                                                                                            BEACON
                                                                                                                           RECYCLING
                                                              EXCEL                                                           LLC
                                                         MACHINE AND TOOL
                             Valley St




                                                             CO INC                                 OFFICE
                                                                                                   MACHINES
                                                                                                    CO INC

                                                                                    Hackley Ave
                          Jane Ct
              Austin St




                                            MUSKEGON TOOL                                                             PREFFERED
                                            PROPERTY CO LLC                                                         LANDSCAPING
                                                                                                    ABC
                                                                                                   SUPPLY
                           Susan Ct
                                                                                                   CO INC

                                                          Barney Ave                                                          AMERICAN
                                                                                                                              CHEMICAL
                                                                                                                              SOLUTIONS
                                                                                    UNITED
                                                                                    PARCEL
                                                                                    SERVICE




                                                                                ARCHITECTURAL
                                                                                  HARDWARE                                                                                        MERCY HEALTH
                                                                                                                                                                                    PARTNERS


                                                                                           BEHLER-YOUNG
                                                                                                                                    cy Dr
                                                                                             COMPANY                         Me r
                                                                                              HVAC/R
                                                                                MARY FREE BED                                                   MERCY DRIVE
                                                                                                                     MERCY GENERAL
                                                                                 ORTHOTICS                                                      PROFESSIONAL
                                                                                                                     HEALTH PARTNERS
                                                                                                                                                 BUILDING C                   Legend

                                                                                                                                                       MERCY
                                                                                                                                                                                     Project Area Roberts, Laketon - Sherman


                                                                             SHERMAN                                                                SERVICES FOR                     Industry/medical supported by Roberts Rd. (89)

                                                                                                                                                     THE AGING




                                                                                                                                                                                                                                    $
                                                                                                                                                                                     City Boundary
                                                                              OFFICE
                                                                                                                                                                              Zoning Description
                                                                           CONDOMINIUM
                                                                                                                                      Valk St




                                                                                                                                                                                     General Business
                                                                                                                                                                          Utah




Engineering Department ©
                                                                           Sherman Blvd                               1221
                                                                                                                                                                                     Light Industrial
                                                                                                                                                                           St




                                                                                                                 EAST SHERMAN                                                        General Industrial


0                              650                        1,300                                                        LLC  2,600 Feet
                                                                                                                                                                                     Industrial Park District

                                                                                                                                                   Date: 4/19/2021                   Medical Care
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: April 27, 2021                 Title: Railroad Mural – Resolution of Support

Submitted By: Leo Evans                                 Department: Public Works

Brief Summary:
Staff is requesting Commission approval of the attached resolution for the application of the murals
onto the railroad bridge over Seaway Drive.


Detailed Summary:
MDOT and FHWA (Federal Highways Administration) are requiring that the governing bodies of
Muskegon and Norton Shores adopt a formal resolution of support for the installation of the murals on
the railroad overpasses.

The MDOT / FHWA Permit and the Railroad Permit are the last two items needed to finalize the
proceeding of the work. Assuming approval of both items we are on track to be ready for the muralists
to start on the City of Muskegon bridge in mid-May.


Amount Requested: $0                                  Amount Budgeted: $0

Fund(s) or Account(s): N/A                            Fund(s) or Account(s): N/A

Recommended Motion:
Approve the resolution of support and authorize the Mayor and Clerk to sign.


Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                                   City of Muskegon
                                        RESOLUTION

                                      SUPPORT OF
                                RAILROAD BRIDGE MURALS


WHEREAS, Muskegon City Commissioners desire to support the development and installation of
public art work within the city limits; and

WHEREAS, Muskegon City Commissioners have funded the improvements necessary to prepare
the existing railroad bridge over Seaway Drive (US-31 BR) for the application of murals; and

WHEREAS, Muskegon City Commissioners have supported and participated in the public process
of soliciting and selecting the mural artwork for the bridges; and

NOW, THEREFORE LET IT BE RESOLVED, that Muskegon City Commissioners support the
installation of the public artwork murals on both fascia beams on the railroad bridge over Seaway
Drive between Hackley Avenue and Laketon Avenue in the City of Muskegon.


Dated this ______ of _______ 20__.




                                                    ________________________________
                                                          Stephen J. Gawron
                                                                Mayor



                                                    _________________________________
                                                          Ann Marie Meisch
                                                              City Clerk
                        Agenda Item Review Form
                         Muskegon City Commission

Commission Meeting Date: April 27, 2021                     Title: Railroad Mural – ROE Permit

Submitted By: Leo Evans                                     Department: Public Works

Brief Summary:
Staff is requesting Commission approval and authorization for staff to execute the attached Right of
Entry (ROE) agreement with the railroad to allow for painting of the murals on the railroad bridge over
Seaway Drive between Hackley Avenue and Laketon Avenue.


Detailed Summary:
Staff has worked to secure the enclosed railroad agreement which must be reviewed and accepted by
the City prior to work commencing.

Counsel has reviewed the agreement and has no concerns.

Finance has reviewed the agreement and MMRMA can provide the necessary coverage.


Amount Requested: $0                                      Amount Budgeted: $0

Fund(s) or Account(s): N/A                                Fund(s) or Account(s): N/A

Recommended Motion:
Authorize staff to sign off on the Right of Entry Agreement with the railroad for the installation of the murals.


Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                                 Railroad Protective Liability Application


Named Insured Railroad:                Michigan Shore Railroad
Address:                               c/o 13901 Sutton Park Dr., S., Ste. 270, Jacksonville, FL 32224

Name of Designated Contractor:
Address:

Contractors GL Limits:
Carrier:

Contractors Umbrella Limits:
Carrier:

Will the Contractor be holding the Railroad Harmless?                                               Yes   No
Will the Railroad be listed as an “Additional Insured” on the Contractor’s CGL and Umbrella
policies?                                                                                           Yes   No
Will the Contractor’s GL & Umbrella policies remove the contractual exclusion for work within
50’ of a Railroad?                                                                                  Yes   No

Railroad Protective Limits Required:             yes
Per Occurrence:      $2 Million                                          Aggregate:    $6 Million

Name & Address for Whom Work is Being Performed:



Description of Job:



Approximate Length of Job (years/months):

Total Cost of Job:                                     Cost of Work Within 50’ of Tracks:

Daily Train Traffic:                                     Freight:                      Passenger:

Will there be any Railroad flagmen/supervisors?                                                     Yes   No
Will there be any other work performed by any railroad employees?                                   Yes   No
If yes, please describe:
Will there be any Railroad equipment assigned to the contractor?                                    Yes   No
If yes, please describe:



Signature:                                                                   Date:

Printed Name:

Title:
FORM ROE-09-2020                                                                  Permit No. MSRR210312905
Page 1 of 12

                       CONTRACTOR RIGHT OF ENTRY LICENSE AGREEMENT

        THIS AGREEMENT (the “Agreement”) is made as of _______________, 20___, (the “Effective Date”),
by and between Michigan Shore Railroad, a Division of Mid-Michigan Railroad, Inc. (“Railroad”) and City of
Muskegon (“Licensee”).

                                                  WITNESSETH:

        WHEREAS, Licensee has submitted a written request or application to Railroad requesting permission to
enter Railroad’s property at or near the location specified in Section 1 below for the limited purpose of performing
certain work; and

        WHEREAS, Railroad is willing to grant to Licensee the limited right and permission to enter upon such
property for the limited purpose of performing such work in accordance with the terms provided herein.

        NOW THEREFORE, in consideration of these promises, the Agreement herein, and other good and
valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

Section 1. LOCATION/PAYMENT/WORK PRACTICES:

        1.1     Railroad hereby conveys to Licensee the limited right and permission to enter upon the Railroad’s
property located at or near Milepost 55.14, LAKE Subdivision, Latitude: 43.202694, Longitude: -86.260028
located in MUSKEGON, in the County of MUSKEGON, State of MI as reflected on the map attached hereto as
Exhibit A and incorporated herein by reference (the “Property”) for the purpose of Licensee, through its
employees, agents or contractors to PAINT MURAL ON RAILROAD BRIDGE OVER SEAWAY DRIVE (the
“Work”); and

        1.2     Upon payment of a fee referenced in Section 11 herein, Railroad hereby grants to Licensee, the
right and permission to enter upon Railroad's Property for the purpose of performing the Work, subject to the
terms, conditions and provisions set forth in this Agreement.

        1.3      The Work shall be performed at the entire cost and expense of Licensee, in accordance with good
and sound engineering practices, to the satisfaction of Railroad's Chief Engineer, or his duly authorized
representative (the “Representative”), and in a manner to avoid accident, damage or harm to persons or property
and delays to or interference with the operations of Railroad.

Section 2. PRIOR NOTICE/FLAGGING/OTHER CONDITIONS.

                2.1     Licensee or Licensee’s contractor shall notify the Representative at least ten (10) business
days before proceeding with any phase of the Work on the Property and shall abide by the instructions of the
Representative concerning the safety of the Railroad. All persons entering the Property pursuant to the permission
granted herein shall comply with and perform the Work in accordance with the following policies:

        a) Genesee & Wyoming Inc.’s Contractor Safety Rules, available at:
           https://gwrr.com/download.axd/0774e378f35949f59f232ef1adbc63e7.pdf?d=GWI%20%20Contractor
           %20Safety%20Rules; and
        b) Genesee & Wyoming Inc.’s Code of Ethics and Conduct, available at:
            gwrr.com/about_us/code-of-ethics

The following Personal Protective Equipment (“PPE”) must be worn at all times on the Property: Hard hats, safety
footwear, certified eye protection with side shields and approved high-visibility work wear. Additional forms of
FORM ROE-09-2020                                                                   Permit No. MSRR210312905
Page 2 of 12

PPE may be required under certain circumstances as specified in the aforesaid Contractor Safety Rules or as
required by the Representative.

         2.2     Railroad shall furnish such personnel, flagman or watchman which, in Railroad's sole discretion,
may be necessary to protect the facilities and traffic of Railroad during the performance of the Work. If flagging or
other special protective or safety measures are performed by Railroad, Railroad will invoice Licensee for such
expenses incurred by Railroad based on the current fee schedule annexed hereto as Exhibit D. Licensee shall pay
such invoices within thirty (30) days of Licensee’s receipt of billing. If Railroad performs any flagging, or other
special protective or safety measures are performed by Railroad, Licensee agrees that Licensee is not relieved of
any of its responsibilities or liabilities set forth in this Agreement. The Licensee or its contractor shall reimburse
Railroad promptly for the actual cost of said services, including all applicable surcharges, upon receipt of bill or
bills therefor.

        2.3      Unless Prior arrangements have been made with the Chief Engineer or his representative, Licensee
shall not place or operate equipment at a distance of less than fifty (50) feet from the center of track, nor perform
any Work at a distance of less than fifty (50) feet from the center of Railroad’s track. Further, no equipment shall
be moved across the Railroad's track(s) except at an established public crossing, unless prior arrangements have
been made with the Chief Engineer or his Representative. All reasonable precautions must be taken by Licensee to
avoid interference with and/or damage to Railroad's facilities during the course of the Work.

        2.4     Prior to entering upon the Property, Licensee agrees to comply with RAILROAD’S ROADWAY
WORKER PROTECTION TRAINING POLICY as set forth in Exhibit B, attached hereto and incorporated
herein by reference, if such training is applicable as determined in the sole discretion of Railroad.

        2.5      The permission herein granted is subject to all existing leases, licenses and occupancies of the
Property by third parties. Licensee acknowledges that, in executing this Agreement, Railroad acts on its own
behalf only and has no authority to act, and does not claim to act, on behalf of any other entity or person with
respect to any right any such other entity or person may have to object to this Agreement. Licensee shall secure
the consent, and protect the facilities, of each such third-party occupier of the Property.

        2.6       Licensee shall implement and enforce a safety program conforming to all applicable requirements
of federal, state and local laws, rules and regulations.

Section 3. LEGAL COMPLIANCE.

        Licensee expressly agrees, at its own cost and expense, to comply and cause its agents, employees and
contractor(s) to comply with all applicable ordinances, rules, regulations, requirements and laws of any
governmental authority (state, federal or local) having jurisdiction over the Work or Licensee’s activities,
including the location, contact, excavation and protection regulations of the Occupational Safety and Health Act
and state “One Call” - “Call Before You Dig” or similar requirements. Licensee shall indemnify, defend and save
harmless Railroad, its parents, affiliates and subsidiaries, and the respective shareholders, directors, officers and
employees of each (hereinafter collectively the “Railroad Indemnitees”),_ from and against, and shall pay, all
expenses, damages, penalties, and claims, including without limitation reasonable counsel fees, that may arise
from, or be imposed because of the failure of Licensee to comply with this Section.

Section 4. LIABILITY/INDEMNITY.

        4.1 Licensee hereby assumes risk of and agrees to indemnify, defend, protect and save the Railroad
Indemnitees harmless from and against (a) injury to or death of any person or persons whomsoever, including but
not limited to the agents, employees or contractor(s) of the parties hereto, and (b) the loss or damage to any
property whatsoever, including property claims, demands, suits, judgments or expenses incurred in connection
therewith, resulting from or arising out of the acts or omissions of Licensee, its agents, employees or contractor(s),
FORM ROE-09-2020                                                                 Permit No. MSRR210312905
Page 3 of 12

or resulting from, arising out of, or occurring in connection with the entry or presence of Licensee, its agents,
employees or contractor(s) on the Property, or resulting from, arising out of, or occurring in connection with the
performance or execution of the Work performed under this Agreement or incidental thereto, regardless of any
negligence on the part of Licensee or Railroad. THE INDEMNITY PROVIDED IN THIS SECTION 4 IS
SPECIFICALLY MEANT TO INCLUDE INDEMNITY OF THE RAILROAD INDEMNITEES FOR THEIR
OWN ORDINARY NEGLIGENCE, EVEN IF THE INJURY OR DAMAGE IS CAUSED ENTIRELY BY THE
ORDINARY NEGLIGENCE OF THE RAILROAD INDEMNITEES AND THERE IS NO NEGLIGENCE ON
THE PART OF THE LICENSEE. LICENSEE’S INDEMNITY OBLIGATIONS IN THIS SECTION 4 SHALL
NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES,
COMPENSATION OR BENEFITS AVAILABLE UNDER WORKERS’ OR WORKMEN’S COMPENSATION
ACTS, DISABILITY ACTS OR EMPLOYEE BENEFITS ACTS.

      4.2 IN NO EVENT UNDER THIS AGREEMENT WILL THE RAILROAD INDEMNITEES HAVE ANY
LIABILITY FOR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ADDITIONALLY, THE TERM “RAILROAD INDEMNITEES” AS USED IN THIS SECTION 4 SHALL
INCLUDE ANY OTHER RAILROAD COMPANY THAT MAY BE LAWFULLY OPERATING UPON AND
OVER THE TRACKS OR THE TRACKS CROSSING OR ADJACENT TO THE TRACKS, AND THE
OFFICERS, AGENTS, INVITEES AND EMPLOYEES THEREOF.

Section 5. INSURANCE.

         Licensee agrees to comply with the INSURANCE REQUIREMENTS FOR CONTRACTOR
RIGHT-OF-ENTRY LICENSE AGREEMENTS attached hereto as Exhibit C and incorporated herein by
reference and shall provide the required Certificate of Insurance to Railroad with return of the signed duplicate
original of this Agreement prior to the commencement of the Work.

Section 6. NOTIFICATION.

        Licensee shall promptly notify the Chief Engineer of any loss, damage, injury or death arising out of or in
connection with the Work.

Section 7. RESTORATION.

         Upon completion of the Work or the termination or expiration of this Agreement, Contractor shall
promptly remove from the Property all tools, equipment and materials placed thereon by Contractor. Contractor
shall restore the Property to the same state and condition as when Contractor first entered thereon and shall leave
the Property in a condition satisfactory to the Chief Engineer or the Representative.

Section 8. TERM/TERMINATION.

        This Agreement and the permission conferred, and the license granted by it does not constitute a grant of
permanent easement and shall terminate upon completion of the Work or at midnight 60 calendar days following
the Effective Date, whichever occurs first, unless extended in writing by Railroad. Notwithstanding the foregoing,
Railroad shall have the right to terminate this Agreement and the license granted hereunder immediately if
Licensee defaults on any of the terms and/or conditions set forth herein.

Section 9. COMPLIANCE AND DOCUMENTATION.

        Licensee agrees, and shall cause its agents, employees and contractor(s), to (a) understand and comply
with the terms and conditions of this Agreement, (b) carry a copy of this Agreement at all times while on the
Property, and (c) promptly present the copy of this Agreement to any employee of Railroad upon request.
FORM ROE-09-2020                                                                    Permit No. MSRR210312905
Page 4 of 12

Section 10. RAILROAD CONTACT INFORMATION.

The Railroad's Chief Engineer is:

                                                  Dale Summers
                                            4349 Easton Way, Suite 110
                                               Columbus, OH 43219

The Railroad's Representative is:

                                              Roadmaster, Scott Knight
                                                  616.293.0564


                            Railroad EMERGENCY Phone Number: (866) 527-3499
           Reference Location: Michigan Shore Railroad, a Division of Mid-Michigan Railroad, Inc.

Section 11. FEE.

        Upon execution of this Agreement, Licensee shall pay Railroad the sum of $1750 toward the cost of
        preparing this Agreement and for the privileges granted to the Licensee.

Section 12. NON-WAIVER.

         If either party fails to enforce its respective rights under this Agreement, or fails to insist upon the
performance of the other party’s obligations hereunder, such failure shall not be construed as a permanent waiver
of any rights or obligations in this Agreement.

Section 13. APPLICABLE LAW.

        This Agreement shall be governed by and construed under the laws of the State of MI, without regard to
the choice of law provisions thereof.

Section 14. ASSIGNMENT.

         Licensee shall not assign this Agreement without the prior written consent of Railroad, which consent
may be granted or withheld at Railroad’s sole discretion. This Agreement shall be binding upon the parties and
their respective successors and permitted assigns.

Section 15. INTERPRETATION/SEVERABILITY.

        To the maximum extent possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited
by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such
prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this
Agreement.
FORM ROE-09-2020                                                                   Permit No. MSRR210312905
Page 5 of 12

Section 16. COUNTERPARTS.

       This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be
deemed an original but which together shall constitute one and the same instrument, and counterparts of this
Agreement may also be exchanged electronically and any electronic facsimile of any party’s signature shall be
deemed to be an original signature for all purposes.

Section 17. HEADINGS.

         The headings of the sections of this Agreement are inserted for convenience only and are not intended to
govern, limit or aid in the construction of any term or provision of this Agreement.


Section 18. CONSTRUCTION OF TERMS.

         The terms of this Agreement have been arrived at after mutual negotiation and, therefore, it is the
intention of the Parties that its terms not be construed against any of the Parties by reason of the fact that it was
prepared by one of the Parties.

Section 19. CONFIDENTIALITY.

         The parties shall not disclose the terms of this Agreement to a third party (a) other than as required by law
so long as such party required to disclose the terms of this Agreement under applicable law provides the other
party with prior written notice of such requirement, or (b) as otherwise agreed in writing between the parties.
Notwithstanding the foregoing, the parties may disclose the terms and conditions of the Agreement to (1) a parent,
subsidiary or affiliated company; or (2) to their lawyers and consultants, including but not limited to its auditors,
provided that all such parties agree to maintain the confidentiality of such information in accordance with the terms
of this provision. If any party violates this paragraph, any adversely affected party may cancel this Agreement
without penalty and exercise any available remedies under applicable law.


                                             [Signature Page Follows]
FORM ROE-09-2020                                                           Permit No. MSRR210312905
Page 6 of 12



IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date.



RAILROAD:                                            LICENSEE:
MICHIGAN SHORE RAILROAD, A DIVISION OF
MID-MICHIGAN RAILROAD, INC.                          CITY OF MUSKEGON



By:                                                  By:

      Name:                                                Name:

      Its:                                                 Its:
FORM ROE-09-2020                             Permit No. MSRR210312905
Page 7 of 12

                          EXHIBIT A

                   DESCRIPTION OF PROPERTY
FORM ROE-09-2020                                                                     Permit No. MSRR210312905
Page 8 of 12

                                                      EXHIBIT B

                         ROADWAY WORKER PROTECTION TRAINING POLICY

        A.       In order to maintain the integrity and security of the Property and Railroad’s operations, prior to
each employee of Licensee and its contractor entering upon the Property (each a “Licensee Applicant”), Licensee
shall cause its employees, and shall cause its contractor to require its employees, to successfully complete the
Genesee & Wyoming Inc. Roadway Worker Training Program (the “Program”) on an annual basis to be
administered by Roadway Worker Training, Inc. (the “Program Administer”), at the sole cost and expense of the
Licensee or contractor, as the case may be (the current cost of which is $75.00 USD per Licensee Applicant). The
Program shall be available via the internet and instructions to access the Program set forth in Paragraph K.

         B.       Upon completion of the Program, the Licensee Applicant shall be required to satisfactorily
complete a test administered by the Program Administer. The Program Administer shall be responsible for scoring
such test and verifying whether the Licensee Applicant satisfies the requirements of Railroad to perform work on
the Property. Any Licensee Applicant who fails to achieve a satisfactory score or who refuses to complete such
test shall not be permitted to enter the Property.

         C.       When a satisfactory score is achieved by the Licensee Applicant, the Program Administrator shall
furnish a certificate (the “Certificate”) to the business address of Licensee or its contractor, as the case may be, for
distribution to the Licensee Applicant. Until receipt of the Certificate from the Program Administrator, the
Licensee Applicant shall print a temporary certificate authorizing the Licensee Applicant’s access to the Property.

        D.       For the avoidance of doubt, satisfactory completion of the Program as evidenced by receipt of a
Certificate does not in itself grant permission to the Licensee Applicant to enter the Property, except as expressly
permitted under and in strict compliance with the terms of the Agreement.

        E.       The Licensee Applicant shall be responsible for carrying the Certificate at all times when on the
Property.

        F.       All communications regarding Licensee Applicants, the Program, or any other matters described in
this Exhibit B should be addressed to:

                         Kyle Baker
                         GWI Safety Department
                         13901 Sutton Park Drive South, Suite 270
                         Jacksonville, FL 32224
                         kyle.baker@gwrr.com
                         (904) 999-3356

        G.      Licensee and its contractor shall be responsible for managing and recovering Certificates from
their employees who resign, retire or are terminated.

         H.     Notwithstanding the receipt of a Certificate by a Licensee Applicant, Railroad reserves the right to
reject any Licensee Applicant from entering upon the Property in Railroad’s sole discretion in accordance with:
                 i)      Genesee & Wyoming Inc. Code of Ethics and Conduct,
                 ii)     Genesee & Wyoming Inc. Contractor Safety Rules, or
                 iii)    upon failure to comply with the terms and conditions of the Agreement and all applicable
        laws.
FORM ROE-09-2020                                                                   Permit No. MSRR210312905
Page 9 of 12

         I.      To the extent that any portion of the requirements set forth in this Exhibit B violates any law,
ordinance, statute or regulation that portion shall be ignored and the Licensee or contractor, as the case may be,
shall comply with all remaining portions of Railroad’s Roadway Protection Training Policy, the Program or the
related application process.

         J.      Licensee or its contractor, as the case may be, shall be primarily responsible for enforcement of the
Program; provided, however, that both Railroad and the Federal Railroad Administration reserve the right to audit
Licensee and its contractor, as the case may be, for compliance with the Program and Railroad’s Roadway
Protection Training Policy. Should a Licensee or its contractor, as applicable, be found out of compliance, any and
all fines or penalties incurred by Railroad due to such non-compliance shall be the sole obligation of the Licensee.

     K.      To access the G&W Roadway Worker Protection Training for Railroad Contractors Course on the
RWT On-Line please follow these instructions:

           Start at website www.rrtrainers.com
           Click on the “On-Line Courses” button
           Select the G&W course by clicking on the course name
           On the right hand side of the page select “New User Registration”
           Fill out all of the fields on the registration page and submit
           You will receive a username and password via email
           After receiving the username and password go back to the On-Line Courses page and select the G&W
            course again
           Complete the registration process and training.
FORM ROE-09-2020                                                               Permit No. MSRR210312905
Page 10 of 12

                                                  EXHIBIT C

             INSURANCE REQUIREMENTS FOR RIGHT-OF-ENTRY LICENSE AGREEMENT

        (a)     The Licensee shall, at its own cost and expense, prior to entry onto the Property or the
commencement of any work pursuant to this Agreement, procure and thereafter maintain throughout the term of
this Agreement the following types and minimum amounts of insurance:

               (i)     The Licensee shall maintain Public Liability or Commercial General Liability
       Insurance (“CGL”), including Contractual Liability Coverage and CG 24 17 “Contractual Liability
       – Railroads” endorsement, covering all liabilities assumed by the Licensee under this Agreement,
       without exception or restriction of any kind, with a combined single limit of not less than Two
       Million Dollars ($2,000,000) for Bodily Injury and/or Property Damage Liability per occurrence,
       and an aggregate limit of not less than Six Million Dollars ($6,000,000) per annual policy period.
       Such insurance policy shall be endorsed to provide a Waiver of Subrogation in favor of the
       Railroad Indemnitees and shall name the Railroad Indemnitees as Additional Insureds. An
       Umbrella or Excess policy may be utilized to satisfy the required limits of liability under this
       section but must “follow form” and afford no less coverage than the primary policy.

               (ii)    The Licensee shall maintain Commercial Automobile Insurance for all owned,
       non-owned and hired vehicles with a combined single limit of not less than One Million Dollars
       ($1,000,000) for Bodily Injury and/or Property Damage Liability per occurrence. Such insurance
       policy shall be endorsed to provide a Waiver of Subrogation in favor of the Railroad
       Indemnitees and shall name the Railroad Indemnitees as Additional Insureds.

                (iii)  The Licensee shall maintain Statutory Workers’ Compensation and Employers’
       Liability Insurance for its employees (if any) with minimum limits of not less than One Million
       Dollars ($1,000,000) for Bodily Injury by Accident, Each Accident; One Million Dollars
       ($1,000,000) for Bodily Injury by Disease, Policy Limit; One Million Dollars ($1,000,000) for
       Bodily Injury by Disease, Each Employee. Such insurance policy shall be endorsed to provide a
       Waiver of Subrogation in favor of the Railroad Indemnitees.

                (iv)     Prior to construction within 50’ of the railroad tracks, the Licensee shall
       purchase Railroad Protective Liability Insurance naming the Railroad Indemnitees as the named
       insured with limits of Two Million Dollars ($2,000,000) each occurrence and Six Million Dollars
       ($6,000,000) aggregate limit. The policy shall be issued on a standard ISO form CG 00 35 12 03
       or, if available, obtain such coverage from the Railroad.

       (b)      The following general insurance requirements shall apply:

               (i)       The specified insurance policies must be affected under standard form policies
       underwritten by insurers licensed in the state where work is to be performed and carry a minimum
       Best’s rating of “A-” and size “Class VII” or better. The Railroad reserves the right to reject as
       inadequate any insurance coverage provided by an insurer that is rated less than the ratings
       specified in this section.

              (ii)   All coverages shall be primary and non-contributory to any insurance
       coverages maintained by the Railroad Indemnitees.

               (iii)    All insurance policies shall be endorsed to provide the Railroad with thirty (30)
       days prior written notice of cancellation, non-renewal or material changes.
FORM ROE-09-2020                                                                   Permit No. MSRR210312905
Page 11 of 12

         (iv)    The Licensee shall provide the Railroad with certificates of insurance evidencing the insurance
coverages, terms and conditions required prior to commencement of any activities on or about the Property. Said
certificates should reference this Contractor Right of Entry License Agreement by agreement date and description
and shall be furnished to the Railroad at the following address, or to such other address as the Railroad may
hereafter specify:

                        Michigan Shore Railroad, a Division of Mid-Michigan Railroad, Inc.
                                C/O Genesee & Wyoming Railroad Services, Inc.
                                    13901 Sutton Park Drive South, Suite 270
                                             Jacksonville, FL 32224

                 (v)     If any policies providing the required coverages are written on a Claims-Made
        basis, the following shall apply:
                         (1)     The retroactive date shall be prior to the commencement of the
                work;
                         (2)     The Licensee shall maintain such policies on a continuous basis;
                         (3)     If there is a change in insurer or policies are canceled or not
                renewed, the Licensee shall purchase an extended reporting period of not less than
                three (3) years after the contract completion date; and
                        (4)     Licensee shall arrange for adequate time for reporting of any loss
                under this Agreement.

         (c)      The Railroad may require the Licensee to purchase additional insurance if the Railroad
reasonably determines that the amount of insurance then being maintained by the Licensee is insufficient
in light of all relevant factors. If the Licensee is required to purchase additional insurance, the Railroad
will notify the Licensee. Failure of the Licensee to comply within thirty (30) days shall be considered a
default subject to termination of the Agreement.

      (d)      Furnishing of insurance by the Licensee shall not limit the Licensee’s liability under this
Agreement but shall be additional security therefor.

        (e)     The above indicated insurance coverages shall be enforceable by any legitimate claimant after the
termination or cancellation of this Agreement, or any amendment hereto, whether by expiration of time, by
operation of law or otherwise, so long as the basis of the claim against the insurance company occurred during the
period of time when the Agreement was in effect and the insurance was in force.

          (f)    Failure to provide the required insurance coverages or endorsements (including contractual
liability endorsement) or adequate reporting time shall be at Licensee’s sole risk.

        (g)     If contractors are utilized, the Licensee agrees to require all such contractors to comply with the
insurance requirements of this Exhibit C.
FORM ROE-09-2020                                                         Permit No. MSRR210312905
Page 12 of 12


                                                 EXHIBIT D

                   Exhibit D will be provided by flagging coordinator upon execution
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: April 27th, 2021                Title: Smith Ryerson eSports

Submitted By: Leo Evans                                  Department: DPW

Brief Summary:
Staff is requesting permission to move forward with a proposal to construct and outfit an eSports
gaming center in an unused room at Smith-Ryerson Park.


Detailed Summary:
See attached proposal for additional information.

Staff is seeking approval to expend up to $20,000 to convert an unused room at the Smith-Ryerson
Community Center into an eSports Gaming Center. The gaming center would be available for use on
a TBD rental basis and will be offered to community partners that are interested in utilizing the site to
host community based programming.

Staff is proposing to fund the allocation from within the existing Parks budget, with no modification to
the overall budget. Though no specific allocation was originally budgeted for this project a number of
budget items have come up short allowing for this project to be completed without the requirement for
additional allocations.


Amount Requested: $20,000.00                            Amount Budgeted: $0

Fund(s) or Account(s): 101-70751-5346                   Fund(s) or Account(s): 101-70751-5346

Recommended Motion:
Authorize staff to proceed with the proposal to construct and outfit an eSports gaming center at Smith-Ryerson
Park.


Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
                      Smith-Ryerson Park eSports Project




                                      What is eSports
Esports is a type of competition using video games. Since traditional sports have been sidelined,
stadiums closed to fans, and people starving for interaction, gamers have turned their attention to
eSports. The eSports experience has experienced great growth in 2020 due to the COVID-19
pandemic, and is poised to act as a springboard for further growth into 2021.

The dynamics of recreation are ever shifting and eSports is quickly becoming the next thing. The
pool of kids that participate in video gaming is far higher than the pool of kids that participate in
more traditional recreational sporting and we would like to recognize that dynamic shift with this
development.


                                              Goals
Provide a unique park experience to area youth in the form of converting an unused room within
the Smith-Ryerson Community Center into an eSports Gaming area.


                                       Site Amenities
The project would convert a currently underutilized space by equipping it with six (6) gaming
stations that could each accommodate up to four (4) players. Each station would be equipped
with a 65” LED TV, a gaming console (brand TBD) along with additional hardware (controllers,
chargers, etc) and age appropriate games for use.

Each gaming station would be on a mobile TV stand to accommodate relocation within the
building for different events, and/or relocation to other sites around the city as needed for events.
                                  Development Milestones
Spring 2021 - City funds initial startup costs and construction to prepare site with target opening
in Summer 2021, approximately $20,000. Procurement and installation completed in Spring/early
Summer of 2021. Concurrently city staff would work to solidify partnerships for programming at
the site.

Summer 2021 Thru TBD - City operates the facility similar to a community center reservation
(draft policy attached). Groups can rent the room for their exclusive private use. Additionally the
City could offer free rental of the room for private groups in exchange for the groups agreeing to
host and promote an open community event on a 1 Hour – 1 Hour basis.

TBD & Beyond - If successful eventually transfer into a site manager relationship with one of the
predominant users and transition into that group handling the use/rental of the facility along with
the upkeep and maintenance.


                                      Local Partnerships
We have worked hard on outreach to establish groups that we feel could be good partners to use
the facility and help provide programing at the site to keep it engaging and active in the community.
Below is a list of organizations that we have reached out at this point, all groups have showed an
initial interest and we have had lengthy discussions with several on specific programing and uses
for the site:

Boys and Girls Club, Muskegon Public Schools, Orchard View Public Schools, Muskegon Public
Library, Muskegon Community College Gaming Club, Muskegon Risers eSports Team


                                    Funding Partnership
Several opportunities to offset the initial startup costs for the site exist and we plan to explore those
if given the go ahead to move forward on the development of the site.

    •   Microsoft & Sony – Microsoft (Xbox) and Sony (Playstation) both offer grants
        opportunities that could potentially offset some of the intial startup costs.

    •   Best Buy – Offers grants for financial support, but additionally offers opportunities for
        volunteers and technical support to get the site operational.

    •   Community Foundation – We plan to engage with the CFFMC to see if they have any
        opportunities would align with this project but have not


                                  Estimated Startup Cost
To prepare and equip the site with six (6) mobile gaming station staff is estimated the initial cost
to be approximately $20,000. This will provide for TVs, consoles, hardware, software, gaming
subscriptions, mobile TV stands, furniture, and equipping the room with the proper electrical and
internet capabilities.
                                           Draft Policy
                                     Use and Code of Conduct
                                             Preface

       Esports have a major strength compared to other sports- it can be practiced by people
from all backgrounds and situations giving eSports the opportunity to be inclusive for all. This
document is a tool designed to create a welcoming and inclusive environment for competitors
to gather and evolve.
    Those of us who participates in sports and eSports have the unique opportunity to shape
the future. To accomplish this, we need to follow a common set of rules and at the same time
take responsibility for how we treat each other.


1. Player Code of Conduct

   1.1. Disrespectful Expression Avoid expressing ourselves in an disrespectful manor towards

        other players or their actions while in the game, regardless of whether or not they are

        on your team.

   1.2. Disrespectful Language Avoid using profane language, nicknames, or any other

        expression that may insult another players gender, gender identity, origin, physical

        ability, religion, or age.

   1.3. Violent Language Avoid using language or actions that refer to sexual violence or

        violence.

   1.4. Violent Actions Avoid acting in a threatening or violent manor towards others.

   1.5. Private Information Avoid sharing account information or any other private

        information that could put yourself or others at risk.

   1.6. Harassment Avoid harassment of other players, team members, or any other

        associated parties.

   1.7. Sexual Harassment You may not sexually harass players, team members, or any

        associated parties. There is zero tolerance for any sexual threats or coercion.
   1.8. Discrimination You may not disrespect the dignity or integrity of a country, private

       person, or group of people through contemptuous, discriminatory, or denigratory

       words or actions on account of race, ethnicity, socioeconomic status, ability status,

       gender identity, language, religion, political opinion or any other opinion, sexual

       orientation, or any other reason.

   1.9. Cheating Avoid cheating or hacking

   1.10 Team Dynamic Always remember to support your team, communicate positively, and

      have fun.

   1.10.       Inappropriate Names Ensure that players taking place in games or tournaments

       are not using nicknames, team names, skins, or anything else that may be disrespectful.

   1.11.       Reporting We encourage bystanders, spectators, and those who are competing to

       immediately report any abuse they witness.

2. Subjection to Consequences

   2.1. Warnings Low severity or first time violations may result in a written warning.

           2.1.1.1.   Parks department can make discretionary discretions on a per case basis

      2.1.2. Email For written warnings, an email may be used to notify the guilty party of

            any misconduct.

      2.1.3. Phone Call or In-Person For any consequences related to sections 1.1-1.8 may

            be subjected to an in-person meeting or phone call

   2.2. Suspension Repeated code of conduct violation may result in temporary suspensions at

       the discretion of the Parks Department
   2.3. Permanent/Indefinite Loss of Gaming Privileges A player or team may be subjected

       to a loss of gaming privileges if their behavior exhibits any of the Code of Conduct

       policies are broken.

   2.4. An individual who violates the code of conduct may be subjected to disciplinary action

       at the description of the parks department up to and including loss of gaming privileges




Signature:___________________________                                     Date:___________
              Acceptable Uses and Proposed Rental / Lease Options


        By using our site, you are agreeing to comply with and be bound by the following terms
of use. Please review the following terms carefully. This Agreement may be amended at any
time by us from time to time without specific notice to you. The latest Agreement will be posted
on the Site, and you should review this Agreement prior to using the Site.

Acceptable Uses of Smith Ryerson eSports

1) The city of Muskegon will provide games for both PlayStation and Xbox on site for those who rent
   out the eSports lounge.

                             a. Renters are permitted to bring in outside games. Games brought in
                                must follow the Entertainment Software Rating Board ESRB.

                             b. Games brought in must be rated one of the following:
                                Early Childhood……………………(EC)
                                Everyone …………………………….(E)
                                Everyone 10+………………………(E10+)
                                Teen…………………………………….(T)

Games that are not allowed to be played on City owned gaming consoles include Mature, Rating
Pending, and Adults only. Failure to abide by these guidelines may result in disciplinary discretion set by
the Parks Department.


Restricted Uses of Smith Ryerson eSports

1) Accessing illegal sites, downloading or playing Mature, Rating Pending, and Adult Only games, or
   uninstalling any games without the city’s consent will lead to disciplinary action at a later date set by
   the Parks Department.
2) Exposing users/minors to material outside of there are range may result to disciplinary action at a
   later date set by the Parks Department.



Liability/Responsibility

1) By signing the agreement, users agree that they are responsible to return the equipment as they
   found it and will be charged accordingly for any damages that occur while the renter is in possession
   of the eSports center as a result of their misuse.
Rental Rates

1. This room may be rented at a fixed hourly rate of $20/hr.

2. A second option for renters includes a 1:1 ratio. This simply means that the eSports room can be
   reserved for private use by groups at no cost if they offer to host a community event on a 1:1 ratio
   and that events which are open to the public at no cost can be rented out at no cost.

3. Example: If you and your group used the room for 3 hours, you would either pay the rental fee of
   $60 or host a community event open to the public for the same 3 hours you rented the room for.
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: 4/27/21                      Title: Sale of the property formerly known as
                                                      1251 8th St

Submitted By: Mike Franzak                            Department: Planning

Brief Summary: Request to execute the purchase agreement to sell the property formerly known
as 1251 8th St (now 13 separate parcels) to West Urban Properties LLC for the development of 13
single-family homes.

Detailed Summary: The City Commission authorized the City Manager to negotiate a purchase
agreement at the March 7, 2018 Commission meeting.




Amount Requested:                                    Amount Budgeted:

Fund(s) or Account(s):                               Fund(s) or Account(s):

Recommended Motion: To approve the request to execute the purchase agreement for the sale of
the property formerly known as 1251 8th St.




Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                             REAL ESTATE PURCHASE AGREEMENT

   This Real Estate Purchase Agreement (“Agreement”) has been made as of April 27, 2021
(“Effective Date”), by the City of Muskegon, a Michigan municipal corporation, of 933 Terrace
Street, Muskegon, Michigan 49440 (“City”) and West Urban Properties LLC (“Dusendang”), of 3265
Walker Avenue Suite D, Grand Rapids, MI 49544, with reference to the following facts:

                                              Background

        A.       City owns the vacant real property located in the City of Muskegon previously known
as 1251 8th St (now split into 13 separate parcels; 619, 625, 631, 637, 643, 649, 655, 661, 667, 673,
679, 685 and 691 W Webster Ave), Muskegon, Michigan 49440, and legally described on Exhibit A,
together with all improvements, fixtures, easements, hereditaments, and appurtenances associated
with the real estate (the “Property”).

        Therefore, for good and valuable consideration, the parties agree as follows:

       1.      Sale and Purchase of Premises. City agrees to sell to Dusendang, and Dusendang
agrees to purchase from City, on the terms and subject to the conditions set forth in this Agreement,
the Premises.

        2.       Purchase Price; Payment. The purchase price for the Premises shall be $5,000 (the
“Purchase Price”), payable at Closing (as defined below) in immediately available funds. Dusendang
shall pay the full Purchase Price, including any adjustments and/or prorations contained herein, to
City at Closing in certified funds upon execution and delivery of a quit claim deed.

        3.      Construction Dates. Construction shall commence prior to May 1, 2021 and be
completed by May 1, 2023. For purposes of this paragraph, commencing construction means
furnishing labor and materials to the Premises and beginning installation of the approved building
foundations for the Project depicted in Exhibit B. Completing construction means the issuance of an
occupancy permit by the City of Muskegon for the approved Project. In the event Dusendang is
unable to commence construction by May 1, 2021 or complete construction prior to May 1, 2023,
Dusendang shall promptly notify City and the City shall have the option of granting an extension or
terminating this Agreement.

       4.        City’s Option to Purchase or Sell the Premises upon Termination. Upon the
termination of this Agreement pursuant to Section 3, City shall have the option to purchase the
Premises, including all improvements thereon. If the Project has been commenced at the time of the
exercise of the option, City may, but shall have no obligation to, complete the Project at its own cost
and expense or sell it to another party for purposes of completing the Project. With regard to City’s
purchase of the Premises pursuant to this Section:

                a.     The purchase price for the Premises, including all improvements thereon,
        shall be $35,000 plus the lesser of (i) one half of the actual cost of all construction performed
        by Dusendang on the Premises, or (ii) one half of the appraised value of the Project,
        excluding the Premises, as of the date of the termination notice as determined by a qualified
        appraiser selected by City in its sole discretion.

                 b.      City’s option shall be exercisable at any time within 30 days following the date
        of the termination notice.



                                                                                                            1
          c.      Within 10 days after City has exercised its option, Dusendang shall deliver to
City, at Dusendang's expense, a commitment for issuance of an ALTA owner's policy of title
insurance, with standard exceptions, in the amount of the purchase price of the Property
showing City as the proposed insured, subject only to use restrictions and utility easements of
record, and such liens and encumbrances that will be discharged at closing. If the evidence
of title or any survey discloses that marketable title of record is not vested in Dusendang, or if
there exists encumbrances on the Premises other than use restrictions and utility easements
of record, City may apply any portion of the proceeds payable to Dusendang to curing any
such deficiencies or obtaining the release and discharge of such encumbrances. If the
encumbrances to title are not curable or dischargeable by the application of proceeds, City
may rescind the exercise of its option by written notice to Dusendang.

         d.       Should City exercise its option, Dusendang shall be responsible for payment
of all real estate taxes pertaining to the Premises for which a tax statement has been issued
prior to the date of closing, without proration. All tax statements issued subsequent to the
date of closing shall be City’s responsibility.

          e.     The closing of the sale following the exercise of City’s option shall take place
at a reasonable time and location mutually acceptable to Dusendang and City in Muskegon
County, Michigan, after the title evidence provided for herein has been approved by City. In
no event, however, shall closing be delayed beyond 30 days from the receipt by City of the
title evidence provided for herein, unless such delay shall be due to a defect in title that City
has granted Dusendang further time to cure.

        f.       Following the termination of this Agreement, City shall have the right, but not
the obligation, to have it or its designee be assigned the rights, and assume the obligations,
of Dusendang under contracts in respect of services in connection with the development or
construction of the Project.

5.      Title Policy and Survey.

         a.     Within 5 days after the Effective Date, Dusendang shall order a title
commitment for an extended coverage ALTA owner’s policy of title insurance issued by
Transnation Title Agency (the “Title Company”) for the Premises in the amount of the
Purchase Price and bearing a date later than the Effective Date, along with copies of all of the
underlying documents referenced therein (the “Title Commitment”). Dusendang shall cause
the Title Company to issue a marked-up commitment or pro forma owner’s policy with
respect to the Premises at the Closing naming Dusendang as the insured and in form and
substance satisfactory to Dusendang, but subject to the Permitted Exceptions (defined
below). As soon as possible after the Closing, Dusendang shall cause the Title Company to
furnish to Dusendang an extended coverage ALTA owner’s policy of title insurance with
respect to the Premises (the “Title Policy”). Dusendang shall be responsible for the cost of the
Title Policy and any endorsements to the Title Policy that Dusendang desires.

       b.      Dusendang may order at its sole cost an ALTA/ACSM Land Title Survey of
the Premises in accordance with the most current ALTA Standards (the “Survey”), certified to
Dusendang and to the Title Company.

        c.      City, at its expense, shall prior to Closing complete the division of the Property



                                                                                                    2
        so that the Premises is a separately identified tax parcel.

         6.      Title Objections. Dusendang shall have until the end of the Inspection Period (as
defined below) within which to raise objections to the status of the City’s title to the Premises or
matters shown on the Survey. If objection to the title and/or Survey is made, City shall have 7 days
from the date it is notified in writing of the particular defects claimed to either (a) remedy the
objections or (b) notify Dusendang that it will not remedy the objections. If Dusendang does not notify
City in writing as to any title or survey objections, then Dusendang will be deemed to have accepted
the condition of title and survey as set forth in the Title Commitment and Survey. If City is unwilling or
unable to remedy the title and/or survey defect or obtain title insurance over such defects within the
time period specified, then notwithstanding anything contained herein to the contrary, Dusendang
may, at its option, upon written notice to City, either (i) terminate this Agreement, or (ii) waive such
objection, in which case such objection shall become a Permitted Exception, and thereafter proceed
to the Closing according to the terms of this Agreement. Any matter disclosed on the Title
Commitment or the Survey which is waived or not objected to by Dusendang shall be deemed a
“Permitted Exception.” The foregoing notwithstanding, no mortgage, monetary encumbrance, lien
(except the lien of real estate taxes not yet due and payable) or tenancy right shown on the Title
Commitment shall be considered a Permitted Exception, and City shall discharge of record all
monetary encumbrances, liens, and tenancy rights affecting the Premises at or prior to Closing.

        7.      Property Taxes and Assessments. City shall be responsible for the payment of all
real estate taxes and assessments that become due and payable prior to Closing, without proration.
Dusendang shall be responsible for the payment of all real estate taxes and assessments that
become due and payable after Closing, without proration.

         8.       Inspection Period. At Dusendang’s sole option and expense, Dusendang and
Dusendang’s agents may conduct inspections of the Premises within 30 days after the Effective Date
(“Inspection Period”). Dusendang’s inspection under this Section may include, by way of example but
not limitation, inspections of any existing improvements to the Premises, other systems servicing the
Premises, zoning, and the suitability for Dusendang’s intended purposes for the Premises. If
Dusendang, in Dusendang’s sole discretion, is not satisfied with the results of the inspections for any
reason, Dusendang shall notify City in writing of Dusendang’s dissatisfaction within 3 business days
after the expiration of the 30-day Inspection Period. If Dusendang so notifies City, this Agreement
shall be terminated and have no further force and effect. If no written objection is made by
Dusendang within the stated period, this inspection contingency shall be deemed to be waived by
Dusendang and the parties shall proceed to closing in accordance with the terms of this Agreement.

        9.       Condition of Premises. Dusendang understands and agrees that the Premises are
taken “AS IS” subject only to the representations and warranties set forth in this Agreement.
Dusendang represents that by closing on the purchase of the Premises, Dusendang will be
purchasing the Premises as a result of its inspection and investigation of the Premises and that
Dusendang is satisfied with the condition of the land and improvements thereon. Dusendang further
represents and warrants that it is not purchasing the Premises based on any representations made
by or on behalf of City except as specifically set forth in this Agreement. No implied warranties of
habitability, quality, condition, fitness for a particular purpose, or any other implied warranties shall
operate between City and Dusendang, and Dusendang expressly waives any and all such implied
warranties.




                                                                                                            3
10.     City’s Representations and Warranties.

        a.       Authority. City is a Michigan municipal corporation duly organized, validly
existing, and in good standing under the laws of the State of Michigan.

         b.       Litigation. There is no litigation or proceeding either pending or, to the best of
City’s knowledge without independent inquiry, threatened against or relating to the Premises
in any judicial, quasi-judicial or administrative forum.

        c.      Violations. To the best of City’s knowledge without independent inquiry,
except as disclosed in writing to, and accepted by Dusendang, there are, and shall be, no
uncured violations including, without limitation, environmental violations, of any laws,
ordinances, orders, regulations, rules, or requirements of any governmental authority,
affecting the Premises or any part thereof.

         d.      Environmental. To the best of City’s knowledge without independent inquiry,
no toxic or hazardous substance or waste as defined in any federal, state or local
environmental law, ordinance, rule or regulation have been used, stored, generated,
recycled, treated, released, spilled, discharged or otherwise disposed of on, in, under, or
otherwise affecting the Premises. To the best of City’s knowledge without independent
inquiry, City has not received any notice from any applicable governmental entity of the
potential or actual existence of any hazardous substance on, in, under, adjacent to, or
otherwise affecting the Premises.

         e.      No Violation of Law. The performance of this Agreement by City will not be
in violation of any laws, statutes, local ordinances, state or federal regulations, court or
administrative order, or ruling, nor is the performance of this Agreement in violation of any
loan document’s conditions or restrictions in effect for financing, whether secured or
unsecured.

11.     Dusendang’s Representations and Warranties.

       a.     Authority. Dusendang is a limited liability corporation. Dusendang has the
power and authority to enter into and perform Dusendang’s obligations under this Agreement.

        b.       Litigation. No judgment is outstanding against Dusendang and no litigation,
action, suit, judgment, proceeding, or investigation is pending or outstanding before any
forum, court, or governmental body, department or agency or, to the knowledge of
Dusendang, threatened, that has the stated purpose or the probable effect of enjoining or
preventing the Closing.

        c.      Bankruptcy. No insolvency proceeding, including, without limitation,
bankruptcy, receivership, reorganization, composition, or arrangement with creditors,
voluntary or involuntary, affecting Dusendang or any of Dusendang's assets or properties, is
now or on the Closing Date will be pending or, to the knowledge of Dusendang, threatened.

        d.      Sufficient Funds. Dusendang will have sufficient funds to pay the Purchase
Price at Closing.




                                                                                                  4
        12.     Conditions Precedent. This Agreement and all of the obligations of Dusendang
under this Agreement are, at Dusendang’s option, subject to the fulfillment, before or at the time of
the Closing, of each of the following conditions:

                 a.       Representations and Warranties True at the Closing. The
        representations, covenants, and warranties of City contained in this Agreement shall be true
        in all material respects at the time of the Closing.

                b.      Performance. The obligations, agreements, documents, and conditions
        required to be signed and performed by City shall have been performed and complied with
        before or at the date of the Closing.

               c.     Lot Division. City has completed the division of the Property so that the
        Premises are a separate tax parcels.

               d.     City Commission Approval. This Agreement is approved by the Muskegon
        City Commission.


        13.     Default.

                 a.      By Dusendang. In the event Dusendang fails to comply with any or all of the
        obligations, covenants, warranties, or agreements under this Agreement and such default is
        not cured within 10 days after receipt of notice (other than Dusendang’s failure to tender the
        purchase price in full at Closing, a default for which no notice is required), then City may
        terminate this Agreement.

                 b.       By City. In the event City fails to comply with any or all of the obligations,
        covenants, warranties or agreements under this Agreement, and such default is not cured
        within 10 days after receipt of notice, then Dusendang may either terminate this Agreement
        or Dusendang may pursue its legal and/or equitable remedies against City including, without
        limitation, specific performance.

        14.     Closing.

                 a.       Date of Closing. Unless the parties otherwise mutually agree, the Closing
        shall be held no later than 10 days after Dusendang provides written notification to City that
        all of the requirements set forth in Section 12 have been fulfilled to the full satisfaction of
        Dusendang, but no later than _July 27, 2021, unless this Agreement is terminated in
        accordance with its provisions (“Closing”).

                  b.      Costs. The costs associated with this Agreement and the Closing shall be
        paid as follows: (i) City shall pay any state and county transfer taxes in the amount required
        by law; (ii) City shall pay the premium for the owner’s policy of title insurance, provided that
        Dusendang shall pay for endorsements to the Title Policy which Dusendang desires; (iii) City
        shall be responsible to pay for the recording of any instrument that must be recorded to clear
        title to the extent required by this Agreement; (iv) Dusendang shall pay for the cost of
        recording the deed; and (v) City and Dusendang shall pay equally any Closing fees charged
        by the Title Company.




                                                                                                           5
                c.      Deliveries. At Closing, City shall deliver a quit claim deed for the Premises
        and Dusendang shall pay the balance of the purchase price. The parties shall execute and
        deliver such other documents reasonably required to effectuate the transaction contemplated
        by this Agreement.

        15.      Real Estate Commission. Dusendang and City shall each be responsible for any
fees for any real estate agents, brokers, or salespersons regarding this sale that it has hired, but shall
have no obligation as to any fees for any real estate agents, brokers, or salespersons regarding this
sale that the other party has hired.

        16.      Notices. All notices, approvals, consents and other communications required under
this Agreement shall be in writing and shall be deemed given: (i) when delivered in person; (ii) when
sent by fax or email: (iii) when sent by a nationally-recognized receipted overnight delivery service
with delivery fees prepaid; or (iv) when sent by United States first-class, registered, or certified mail,
postage prepaid. The notice shall be effective immediately upon personal delivery or upon
transmission of the fax or email; one day after depositing with a nationally recognized overnight
delivery service; and five days after sending by first class, registered, or certified mail.

Notices shall be sent to the parties as follows:
        To City:         City of Muskegon
                         Attn.: Frank Peterson, City Manager
                         933 Terrace Street
                         Muskegon, MI 49440

        w/ copy to:      Parmenter Law
                         Attn.: John C. Schrier
                         601 Terrace Street, Suite 200
                         Muskegon, Michigan 49440
                         Email: john@parmenterlaw.com

        To Dusendang:        Dave Dusendang
                     ________________________
                     Email: dave@westurbanproperties.com

        17.        Miscellaneous.

               a.     Governing Law. This Agreement will be governed by and interpreted in
        accordance with the laws of the state of Michigan.

                b.     Entire Agreement. This Agreement constitutes the entire agreement of the
        parties and supersedes any other agreements, written or oral, that may have been made by
        and between the parties with respect to the subject matter of this Agreement. All
        contemporaneous or prior negotiations and representations have been merged into this
        Agreement.

              c.      Amendment. This Agreement shall not be modified or amended except in a
        subsequent writing signed by all parties.

                d.      Binding Effect. This Agreement shall be binding upon and enforceable by
        the parties and their respective legal representatives, permitted successors, and assigns.


                                                                                                             6
                e.       Counterparts. This Agreement may be executed in counterparts, and each
        set of duly delivered identical counterparts which includes all signatories, shall be deemed to
        be one original document.

                 f.      Full Execution. This Agreement requires the signature of all parties. Until
        fully executed, on a single copy or in counterparts, this Agreement is of no binding force or
        effect and if not fully executed, this Agreement is void.

                g.      Non-Waiver. No waiver by any party of any provision of this Agreement shall
        constitute a waiver by such party of any other provision of this Agreement.

                h.       Severability. Should any one or more of the provisions of this Agreement be
        determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
        enforceability of the remaining provisions of this Agreement shall not in any way be impaired
        or affected.

                i.      No Reliance. Each party acknowledges that it has had full opportunity to
        consult with legal and financial advisors as it has been deemed necessary or advisable in
        connection with its decision to knowingly enter into this Agreement. Neither party has
        executed this Agreement in reliance on any representations, warranties, or statements made
        by the other party other than those expressly set forth in this Agreement.

                 j.    Assignment or Delegation. Except as otherwise specifically set forth in this
        Agreement, neither party shall assign all or any portion of its rights and obligations contained
        in this Agreement without the express or prior written approval of the other party, in which
        approval may be withheld in the other party's sole discretion.

               k.      Venue and Jurisdiction. The parties agree that for purposes of any dispute
        in connection with this Agreement, the Muskegon County Circuit Court shall have exclusive
        personal and subject matter jurisdiction and that Muskegon County is the exclusive venue.


CITY:                                                DUSENDANG:

CITY OF MUSKEGON

By: _______________________________                  By: _______________________________
Name: Stephen J Gawron                               Name: Dave Dusendang
Title: Mayor                                         Title: _____________________________
Dated: __________________, 2021                      Dated: __________________, 2021


By: _______________________________
Name: Ann Marie Meisch
Title: City Clerk
Dated: __________________, 2021




                                                                                                           7
                                           Exhibit A

                                      Legal Description

The following described premises are situated in the City of Muskegon, County of Muskegon, State
of Michigan:




                                                                                              8
9
 Exhibit B

The Project




              10
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: April 27, 2021               Title: Exemption of New Personal Property
                                                      – MH Solar LLC

Submitted By: Mike Franzak                            Department: Planning

Brief Summary: Pursuant to Public Act 328 of 1998, as amended, MH Solar LLC, has requested an exemption
of new personal property for the equipment to be installed as part of the solar project at the arena.



Detailed Summary:
The City will forgo 100% of the personal property taxes on the equipment installed at the arena for
the length of the abatement. Staff recommends an abatement length of 25 years.



Amount Requested:                                    Amount Budgeted:

Fund(s) or Account(s):                               Fund(s) or Account(s):

Recommended Motion: To approve the request for an exemption of new personal property
pursuant to Public Act 328 of 1998.




Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                                            Resolution No. _______

                                       MUSKEGON CITY COMMISSION

RESOLUTION APPROVING APPLICATION FOR EXEMPTION OF NEW PERSONAL PROPERTY UNDER PA
                                     328 OF 1998
                           MH Solar LLC at 470 W Western Ave

WHEREAS, the City Commission of the City of Muskegon established a Downtown Development Authority as
required under PA 328 of 1998 after a public hearing held on December 27, 1988; and
WHEREAS, the applicant MH Solar LLC meets the definition of an “Eligible Business” as defined by PA 328 of
1998 and is engaged primarily in solar at the location of 470 W Western Ave, Muskegon, MI; and
WHEREAS, the new personal property was not placed in the facility within the qualified district prior to approval
of the exemption by the City Commission of the City of Muskegon; and
WHEREAS, the applicant MF Solar LLC is not delinquent on any taxes related to the facility, including taxes owed
on existing personal property; and
WHEREAS, the exemption of new personal property for MF Solar shall have the effect of increased employment
for the City of Muskegon.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Muskegon
                  Be and hereby is granted a New Personal Property Exemption for personal property, placed in
                  the facility after this resolution, located in the Downtown Development Authority at 470 W
                  Western Ave, Muskegon, MI for a period of 25 years, beginning December 31, 2021), and ending
                  December 30, 2045, pursuant to the provisions of PA 328 of 1998, as amended.


Adopted this 27th Day of April 2021.


Ayes:

Nays:

Absent:

                                                BY: __________________________________
                                                       Stephen J. Gawron
                                                       Mayor

                                           ATTEST: __________________________________
                                                     Ann Meisch
                                                     Clerk
                                                   CERTIFICATION

I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon City
Commission, County of Muskegon, Michigan, at a regular meeting held on April 27, 2021.



                                                            ______________________________
                                                            Ann Marie Becker
                                                            Clerk
       NEW PERSONAL PROPERTY EXEMPTION AGREEMENT
                                             Per P.A. 328 of 1998
                                                 MCL 211.9f



NEW PERSONAL PROPERTY EXEMPTION LETTER OF AGREEMENT:

This agreement between MH Solar LLC and the City of Muskegon is for the purpose of fulfilling the
requirements of P.A. 328 of 1998 (MCL 211.9f). In consideration of approval of this exemption, MH Solar
LLC understands that through its investment of new personal property, and the City of Muskegon, by its
granting of the exemption, are mutually investing in and benefiting from this economic development project,
and, furthermore, agree to the following:

  I.    The exemption subject to this agreement, and granted under MCL 211.9f, is revoked if MH Solar LLC
        is determined to be in violation of the provisions of this agreement.

 II.    MH Solar may be required to repay all or part of the personal property taxes exempted under MCL
        211.9f if MH Solar LLC is determined to be in violation of the provisions of this agreement.

III.    The exemption subject to this agreement, and granted under MCL 211.9f, is revoked if the eligible
        business is determined to be in violation of the provisions concerning the exemption set forth in the
        resolution adopted by the City of Muskegon.

IV.     The exemption subject to this agreement, and granted under MCL 211.9f, is revoked if continuance of
        the exemption would be contrary to any of the requirements of MCL 211.9f, including, but not limited
        to, the requirement that the eligible business be an eligible business or an acquiring eligible business
        under MCL 211.9f .

This agreement is assignable and transferable by either party with advance written consent. The agreement
may only be altered upon mutual consent of both parties.




____________________________                ________
Company Official                            Date



____________________________               ________
Local Unit of Government                    Date
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: 4/27/21                       Title: Lot sales Hudson/Dowd
(tabled on 4/13/2021)

Submitted By: Mike Franzak                             Department: Planning

Brief Summary: Request to sell the properties at 2172 Dowd St, 2182 Dowd St, 2169 Hudson St
and 2171 Hudson St to Urban Ventures of West Michigan, LLC for the construction of eight (8)
duplexes.

Detailed Summary:


Agreement breakdown:
The Buyer will be responsible for the removal of the tower, fence, etc. that is located at 2172 Dowd St.

The Buyer is to pay $24,000 toward sewer hookup fees. The Buyer is offered a One Hundred Percent
(100%) reduction on the costs associated with water hookups.

The Buyer may be reimbursed for costs associated with site improvements necessary to develop the
properties, not to exceed $24,000. These costs may include things such as surveys, environmental
work, tower/shed/fence/planting removal, etc.

The Buyer will be reimbursed One Hundred Percent (100%) of the purchase price upon complete
development of the properties. The Buyer will be reimbursed $2,868.75 each time a duplex receives a
Certificate of Occupancy.




Amount Requested:                                    Amount Budgeted:

Fund(s) or Account(s):                               Fund(s) or Account(s):

Recommended Motion: To approve the request to sell the properties at 2172 Dowd St, 2182
Dowd St, 2169 Hudson St and 2171 Hudson St to Urban Ventures of West Michigan, LLC




Check if the following Departments need to approve the item first:
Police Dept.
                         REAL ESTATE PURCHASE AGREEMENT


        THIS AGREEMENT is made April 27, 2021, by and between the CITY OF
MUSKEGON, a Municipal Corporation, of 933 Terrace St., Muskegon, Michigan 49440
("Seller"), and URBAN VENTURES OF WEST MICHIGAN LLC, a Michigan Limited
Liability Company, of 875 Oak Ridge Rd., Muskegon, MI 49441 ("Buyer").

        1.      General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property located in the City of Muskegon, Muskegon County, Michigan ("Premises"),
and specifically described as:

   1) 2172 Dowd St. Parcel # 61-24-365-000-0001-00:
      CITY OF MUSKEGON SEC 36 T10N R16W GLEN VIEW RESUB THE WEST 1/2
      OF NORTH 107.07 FEET OF LOT 1 GLEN VIEW.

   2) 2184 Dowd St. Parcel # 61-24-365-000-0001-20:
      CITY OF MUSKEGON SEC 36 T10N R16W GLEN VIEW RESUB THE WEST 1/2
      OF SOUTH 87.07 FEET OF LOT 1 GLEN VIEW.

   3) 2169 Hudson St. Parcel # 61-24-365-000-0001-10:
      CITY OF MUSKEGON SEC 36 T10N R16W GLEN VIEW RESUB THE EAST 1/2 OF
      NORTH 107.07 FEET OF LOT 1 GLEN VIEW.

   4) 2171 Hudson St. Parcel # 61-24-365-000-0001-30:
      CITY OF MUSKEGON SEC 36 T10N R16W GLEN VIEW RESUB THE EAST 1/2 OF
      SOUTH 87.07 FEET OF LOT 1 OF GLEN VIEW.

Subject to the reservations, restrictions, and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.

        2.      Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Twenty-Two Thousand Nine Hundred Fifty no/100 Dollars ($22,950.00), payable in
cash or wire transfer to Transnation Title Insurance Company.

       3.      Taxes and Assessments. All taxes and assessments that are due and payable at
the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments that become due and payable after Closing shall be the responsibility of Buyer.

       4.      Title Insurance. Seller agrees to deliver to the Buyer, ten (10) days prior to
closing, a commitment for title insurance, issued by Transnation Title Insurance Company, for an
amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable,
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
unreasonableness of restriction and such unmarketability of title, to remedy such objections. If
Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or
otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (10) days of written notification thereof. If Seller fails to resolve such restrictions or
remedy the title within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated at Buyer's option. The premium for the owner's title policy shall
be paid by Seller.

        5.      Covenant to Construct Improvements and Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees to construct eight (8)
duplexes on the premises herein conveyed within two (2) years after the date of closing. In
default of such construction, title to the premises shall revert to the City of Muskegon free and
clear of any claim of Grantee or its assigns. In addition, the City of Muskegon may retain the
consideration for this conveyance free and clear of any claim of Grantee or its assigns.
"Complete construction" means: (1) issuance of all residential building permits by the City of
Muskegon; and, (2) in the sole opinion of the City of Muskegon's Director of Inspections,
substantial completion of the residential development described in the said building permits. In
the event of reversion of title of the above-described premises, improvements made thereon shall
become the property of Grantor, without any compensation or credit to the Buyer. These
covenants and conditions shall run with the land.

      The Buyer will be responsible for the removal of the tower, fence, etc. that is located at
2172 Dowd St.

       Due to the development of eight (8) duplexes; the Buyer is to pay $24,000 toward sewer
hookup fees. The Buyer is offered a One Hundred Percent (100%) reduction on the costs
associated with water hookups.

       The Buyer may be reimbursed for costs associated with site improvements necessary to
develop the properties, not to exceed $24,000.

       The Buyer will be reimbursed One Hundred Percent (100%) of the purchase price upon
complete development of the properties. The Buyer will be reimbursed $2,868.75 each time a
duplex receives a Certificate of Occupancy.

        6.      Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this Purchase Agreement and paying the cost of such survey. Buyer may elect to
purchase the Premises subject to said encroachment or variation.

     7.    Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED
THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE
BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING
PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT
DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER
KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER
WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUBSTANCES ARE
FOUND.

       8.      Closing. The closing date of this sale shall be held 90 days from City
Commission approval of the sale, more specifically on or before July 13, 2021 ("Closing"). The
Closing shall be conducted at Transnation Title Insurance Company, 570 Seminole Rd. Ste 102,
Muskegon, Michigan 49444. If necessary, the parties shall execute an IRS closing report at the
Closing.

       9.      Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.

       10.     Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.

        11.    Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.

       12.     Costs. Seller shall be responsible to pay the Michigan transfer tax, if any, in the
amount required by law. In addition, Seller shall be responsible to pay for the recording of any
instrument that must be recorded to clear title to the Premises, to the extent required by this
Agreement.

               Buyer shall pay for the cost of recording the deed to be delivered at Closing.

               Seller and Buyer shall split the closing costs.

       13.     General Provisions.
             a.     Paragraph Headings. The paragraph headings are inserted in this
       Agreement only for convenience.

                b.    Pronouns. When applicable, pronouns and relative words shall be read as
       plural, feminine or neuter.

              c.     Merger. It is understood and agreed that all understandings and
       agreements previously made between Buyer and Seller are merged into this Agreement,
       which alone fully and completely expresses the agreement of the parties.

              d.      Governing Law. This Agreement shall be interpreted and enforced
       pursuant to the laws of the State of Michigan.

              e.      Successors. All terms and conditions of this Agreement shall be binding
       upon the parties, their successors and assigns.

               f.      Severability. In case any one or more of the provisions contained in this
       Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
       respect, such invalidity, illegality, or unenforceability shall not affect any other provision
       of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
       unenforceable provision(s) had never been contained herein.

              g.      Survival of Representations and Warranties. The representations,
       warranties, covenants and agreements contained in this Agreement and in any instrument
       provided for herein shall survive the Closing and continue in full force and effect after
       the consummation of this purchase and sale.

              h.      Modification of the Agreement. This Agreement shall not be amended
       except by a writing signed by Seller and Buyer.

       The parties have executed this Real Estate Purchase Agreement the day and year first
above written.
WITNESSES:                        SELLER: CITY OF MUSKEGON


_______________________________   By_____________________________________
                                  Stephen Gawron, Its Mayor


_______________________________   By ____________________________________
                                  Ann Marie Meisch, MMC, Its Clerk


                                  BUYER:


_______________________________   By_____________________________________
                                  Stephen Benedict, Its Member


_______________________________   By ____________________________________
                                  Thomas A Serio, Its Member
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                        Agenda Item Review Form
                        Muskegon City Commission
Commission Meeting Date: April 27, 2021                     Title: Parking Revenue – Park Upgrades

Submitted By: Mayor Gawron                                  Department: Mayor’s Office

Brief Summary: Mayor Gawron is asking that the City Commission consider redirecting the beach parking
revenue away from the proposal for expanded parking lot at Pere Marquette Park.

Detailed Summary:
The City Commission previously approved $798,070.71 to improve parking and pedestrian access to Pere
Marquette Park. Additionally, staff solicited a change order from the contractor to upgrade the proposed
asphalt walking/biking path to concrete to address citizen concern about hot asphalt; that change order would
have increased the project budget to approximately $1 Million.
After hearing significant community concern about the improvements and resulting complications in adding this
work to the County Contract the Mayor has conferred with staff to recommend that the project would be a
better fit in a subsequent funding cycle as a standalone city project. In the meantime, to ensure that the parking
receipts are expended as originally intended, we are recommending that the original planned investment of
$1M be redirected and deployed during 2021 to other parks within the City.
In 2019, staff presented a citywide plan to invest in 15+ parks, including both Beukema Park and Reese Playfield.
To that end, we request that the Commission authorize staff to develop a proposal for $900,000 worth of
improvements to Reese and Beukema Parks during the 20-21 and 21-22 Fiscal Years utilizing the Beach Parking
revenue proceeds.
I further requesting that the Commission authorize staff to develop a proposal to expend approximately
$100,000 to convert the original project scope at PM Park into a standalone project and proceed with obtaining
community input as well as the necessary permits; to contract with Consumers Energy to complete utility
relocations at the park for improved site lines; and to complete the previously identified tree plantings at PM
Park to allow for the trees to become established and be more substantial by the time the project is pursued at
a later date.
Staff has confirmed that they can be prepared to present a preliminary proposal for Reese and Beukema at the
May work session, an updated proposal for other items would likely be ready for the June work session.

Amount Requested: $1,000,000                              Amount Budgeted: $0

Fund(s) or Account(s): 101-92106                          Fund(s) or Account(s): 101-92106

Recommended Motion: Rescind the prior approval of Bulletin #3 pricing on the Beach Street project in
partnership with Muskegon County and direct staff to develop a proposal for $900,000 of improvements at
Beukema Park and Reese Playfield and $100,000 to develop a proposal for advancement of the
improvements at Pere Marquette Park as a standalone City project.

Check if the following Departments need to approve the item first:
Police Dept.        Fire Dept.       IT Dept.


For City Clerk Use Only:
Commission Action:
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: April 27, 2021               Title: Special Event Fee Waiver-Americorp
                                                      Senior Volunteers Recognition Event

Submitted By: Ann Meisch                              Department: City Clerk

Brief Summary: Catholic Charities West Michigan/Americorp is seeking a Special Event Fee
Waiver for their volunteer recognition event on June 4, 2021.



Detailed Summary: Americorp wants to recognize their volunteers with a small event at Hackley
Park. They want to reserve Hackley Park and all of the picnic tables in the park for their event.
They are asking their City fees be waived for 2021. Based on the needs of their event, their fees
will total $600 ($500 Hackley Park use fee and $100 application fee).



Amount Requested:                                    Amount Budgeted:

Fund(s) or Account(s):                               Fund(s) or Account(s):

Recommended Motion: Approve/approve in part/deny the request from Catholic Charities West
Michigan/Americorp to waive the $600 in special event fees for the Senior Volunteers Recognition
event in 2021.



Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: 4/27/2021                    Title: Community enCompass Development
                                                      Agreement Amendment

Submitted By: Jake Eckholm                            Department: Economic Development

Brief Summary: The lot at 1259 Sanford has been removed from the agreement, and an alternative
city owned lot will take its place to be determined by city staff.

Detailed Summary: The Muskegon County Land Bank elected to not execute the purchase
agreement for 1259 Sanford that was previously approved. The prices for materials and the homes
keeps increasing on the manufacturer side and we need to execute the development agreement
soon, so staff is recommending that the agreement be amended with language to add a third city
owned lot that will be determined during project implementation. The city has many lots still
available in the McGlaughlin and Jackson Hill neighborhoods that would suit the single family
housing design, but we have not cleared title on a specific one to add to this agreement as of yet.
Approving the development agreement amendment and giving staff latitude will help ensure that
we complete these affordable homes in this building season, deliver the most units possible within
the budget, and also keep the project on track financially by allowing us to move forward with the
unit purchases before we are exposed to further material price increases.

Amount Requested: $0                                Amount Budgeted: N/A

Fund(s) or Account(s): N/A                          Fund(s) or Account(s): N/A

Recommended Motion: Motion to approve the amended development agreement as presented.



For City Clerk Use Only:
Commission Action:
                         RESIDENTIAL CONSTRUCTION AGREEMENT

         This Agreement is effective on __________________, 2020 (“Effective Date”) between
Community encompass, of 19 Hartford Ave, Muskegon, MI 49442_ (“Builder”) and
THE CITY OF MUSKEGON of 933 Terrace Street, Muskegon, MI 49440 (“Owner”) with reference to
the following facts:

                                              Background

         Builder and Owner (individually, a “Party” or collectively, “Parties”) agree that Builder shall
construct three (3) single family residences (the “Residences”) for Owner on the terms and conditions set
forth in this Agreement and in the general conditions attached as Exhibit A (“General Conditions”).

        The parties agree as follows:

        1. Building Site. Owner owns the building site located on the real estate located at
    180 Houston Street, 1141 Jefferson Street, and 1259 Sanford Street a residential lot to be determined
    by Owner, and legally described on Exhibit B (the “Property”). Owner has agreed to hire Builder to
    build the Residences on the Property.

        2. The Residences. Builder shall build the Residence in accordance with the plans and
    specifications attached as Exhibit C (the “Plans”).

       3. Price. The price for constructing the Residences shall be Five Hundred-Seventy Thousand
    Dollars ($570,000) (“Price”).

        4. Estimated Completion Date. Builder shall commence construction of the Residence within
    30 days from the Effective Date (“Commencement Date”). Builder shall complete the Residence
    within _20_ weeks of the Commencement Date (“Completion Date”).

         5. General Conditions. Owner and Builder agree to all of the General Conditions attached to
    this Agreement as Exhibit A.


                                                         Builder –______________


                                                         By:      ________________________________
                                                         Name:    ________________________________
                                                         Title:   ________________________________
                                                         Date:    ________________________________


                                                         Owner –THE CITY OF MUSKEGON


                                                         By:      ________________________________
                                                         Name:    ________________________________
                                                         Title:   ________________________________
                                                         Date:    ________________________________
                                              EXHIBIT A

                                     GENERAL CONDITIONS

    1. Payment of the Price. The Price shall be paid in accordance with the following schedule
(“Payment Schedule”):

           a.   Foundation installed..............................….... 20% of the Price
           b.   Mechanicals installed..........................….... 40% of the Price
           c.   Certificate of Occupancy..................…....... 30% of the Price
           d.   Completion of Punch List Items………….. 10% of the Price

        2. Costs Included in Price. Unless excluded by Section 3 or adjusted as set forth in
   Sections 4 or 5, the Price is fixed and includes all cost of labor and materials purchased, including
   all sales taxes incurred by Builder, for complete construction of the Residence. Price is not based
   on allowances or estimates of costs for items to be added to the Residence. The Price includes:

           a.   A security system;
           b.   A driveway
           c.   Curb cut (Builder may use existing curb cut unless damaged);
           d.   Sod/seed over the entire front, back and side yards;
           e.   A street tree;
           f.   A small landscape package along each side of the Residence with street frontage;
           g.   Edging and mulch;


       3. Costs Excluded From Price. Owner shall be responsible for each of the following items
   and the cost of each item shall be excluded from the Price and the sole responsibility of Owner:

           a. Lot Lines. Prior to the Commencement Date Owner shall own the Property with new
           lot lines established as depicted on the Site Plan.

           b. Site Preparation. Prior to the Commencement Date, Owner will prepare the Property
           for construction of the Residence, including the removal of the following:

                    i.        existing fences;
                    ii.       community garden;
                    iii.      existing sidewalks; and,
                    iv.       debris.

           c. Water and Sewer Leads. Owner will provide water and sewer leads to the Residence.

           d. Permit and Connection Fees. Owner shall be responsible for any municipal permits,
           connection fees, tap fees or assessments, including sewer and water connection fees.

           e. Site Variance. Any abnormal site conditions discovered during excavation will be
           communicated to Owner along with an estimated cost to proceed with construction.
           Examples include such items as buried debris, bad soils, or rear yard drainage constraints.
           Any additional site work required will be corrected by Owner unless Owner authorizes
           Builder to correct any site variance issues in writing and the appropriate Change Order is
           fully executed.


                                                     1
            f. Damaged Curb Cuts. Any damaged curb cuts will either be approved for use or
            removed by Owner.

            g. Irrigation. Irrigation can be added for $3,000, provided the appropriate Change Order
            is fully executed.

            h. Future Security System Service Fees. Ongoing monitoring service fees will be the
            responsibility of Owner or subsequent owner.

    4. Modifications/Extras. No modifications to the Plans (“Modifications”) or requests for
additional construction (“Extras”), the cost of which exceed $200, shall be binding upon either party,
unless the Modifications or Extras are set forth on a written Change Order that is signed by Builder
and Owner in substantially the form as attached Exhibit E (“Change Order”). The Change Order must
provide a detailed description of the Modifications or Extras and the cost or credit to be charged. In
those instances where a Change Order increases or decreases the Price by more than $200 (“Adjusted
Price”), the Adjusted Price shall be paid according to the remaining portion of the Payment Schedule.

    5. Minor Modifications. Builder and Owner may from time to time agree on minor
modifications, the cost for which is less than $200 (“Minor Modifications”). Minor Modifications
may only be made by agreement between Builder and Owner, provided such agreement need not be
in writing. The cost or credit for Minor Modifications shall be added to or credited against the Price
and paid according to the remaining portion of the Payment Schedule.

     6. Payments, Sworn Statement and Lien Waivers. Payments required by the Payment
Schedule shall be made within 10 days of Builder’s invoice by Owner to Transnation Title Insurance
Company of 570 Seminole, Muskegon, Michigan 49441(the “Title Company”). Builder will deliver
to the Title Company a sworn statement showing all amounts due for labor and materials furnished in
connection with construction of the Residence or other improvements to the Property through the date
of Builder’s invoice together with waivers of lien showing all amounts from any previous draw have
been paid in full. The Title Company shall pay Builder per the Payment Schedule within 2 business
days of approval by the Title Company of the last sworn statement provided proper partial
unconditional waivers of lien from Builder and for each supplier and sub-contractor to whom
payment has been made are received and approved by the Title Company.

     7. Possession. Owner shall be entitled to possession of the Residence upon payment of the Price
in full.

    8. Extension of Dates. Any date may be extended by agreement of the Builder and Owner and
the Commencement Date and the Completion Date may be extended as a result of circumstances
beyond the control of Builder, including, but not limited to, delays caused by suppliers or
subcontractors, delays for utility hook-ups, Acts of God, labor disputes, governmental inspections,
regulations, or permit processes, material back orders, Owner’s requests for Change Orders, fire,
injury or disability to Builder, or weather.

    9. Builder's Warranties. Builder shall complete the Residence and all improvements on the
Property timely and in a first class manner. All building materials used in the construction of the
Residence shall be new. Builder guarantees its workmanship for a period of 12 months from the date
of sale or lease of the Residence to a party other than Owner or 24 months from the date of the
Certificate of Occupancy, whichever first occurs (“Warranty Period”). This warranty is fully
transferable by Owner and may be assigned to a 3rd party. Within the Warranty Period, Builder may
replace, at its option, any materials incorporated into the Residence which are defective. To make a
claim under this warranty, Owner or its successor must give Builder written notice of any such defect

                                                 2
in the workmanship and/or materials promptly upon discovery and not later than expiration of the
Warranty Period. This warranty does not apply to workmanship or materials requiring repair or
replacement because of normal wear and tear, natural settling or mold. Builder shall turn over and
transfer to Owner all manufacturers’ warranties that are delivered directly to Builder by the
manufacturer at the time of final payment by Owner. In addition to this warranty between Builder and
Owner and successors of Owner, Builder shall also provide to Owner and successors of Owner at no
cost to Owner the Ten Year Warranty for New Homes provided by Residential Warranty Company,
LLC attached as Exhibit F (“Long Term Warranty”). Nothing in the Long Term Warranty shall limit
the scope of the warranties provided by Builder to Owner or its successors.

     10. Owner's Warranties. Owner covenants and warrants that Owner owns the Property in fee
simple, free and clear of all liens, except for those encumbrances specifically set forth on Exhibit G.
Owner shall provide evidence satisfactory to Builder, such as a commitment for title insurance issued
by the Title Company, which indicates such ownership. Owner shall locate the exact location of the
Residence on the Property. All corners of the Property and the Residence shall be clearly marked
with surveyor stakes. Owner covenants and agrees that such location is in compliance with all
applicable federal, state, and local rules and regulations, including, but not limited to, building
restrictions, set-back requirements and zoning ordinances.

    11. License. Builder is a residential builder and a residential maintenance and alteration
contractor and is required to be licensed under article 24 of Act 299 of the Public Acts of 1980, as
amended, being sections 339.2401 to 399.2412 of the Michigan Compiled Laws. An electrician is
required to be licensed under Act No. 217 of the Public Acts of 1956, as amended, being sections
338.881 to 338.892 of the Michigan Compiled Laws. A Plumber is required to be licensed under Act
No. 266 of the Public Acts of 1929, as amended, being sections 338.901 to 338.917 of the Michigan
Compiled Laws. Builder is licensed by the State of Michigan as a licensed Michigan Contractor and
maintains its license in good standing. Builder's License number is 2101131848 respectively.

    12. Laws, Ordinances and Regulations. In connection with the construction of the Residence,
Builder shall meet and comply with all applicable laws, ordinances, and regulations.

    13. Notice of Commencement. Owner shall deliver a Notice of Commencement in accordance
with the Michigan Construction Lien Act within ten days of the Effective Date.

     14. Risk of Loss. Until a Certificate of Occupancy is issued for the Residence the risk of loss for
the Residence lies solely with Builder. Provided, Owner shall be solely responsible for building
materials on Property and Owner shall reimburse Builder for the cost of building materials vandalized
or stolen from the Property.

    15. Insurance. Builder shall procure and maintain an “all risk” insurance policy and shall name
Owner as an additional named insured. Builder shall maintain a policy of builder's insurance fully
insuring the Residence from the date construction commences until the date of substantial
completion. Owner may also maintain a policy of insurance on their interest in the Residence. Builder
shall also carry public liability insurance with coverage limits not less than $1,000,000 single-limit
coverage and worker's compensation insurance in an amount not less than the statutory minimum.
Such policies shall name Owner as an additional named insured. Builder shall provide Owner with
evidence of such insurance upon request. Owner and Builder waive all rights against each other for
damages caused by fire or other perils to the extent covered by insurance provided under this
paragraph.

    16. Diligent Pursuit. Builder shall diligently pursue its obligations under this Agreement.


                                                 3
     17. Default. If either Party believes that the other Party has failed to comply with this
Agreement (“Default”), the non-defaulting Party shall provide the Defaulting Party not less than 10
days written notice of such non-compliance, a list of the non-defaulting Party’s specific complaints,
and a reasonable time within which the defaulting Party shall cure the Default (“Default Notice”). If
the defaulting Party fails to cure the Default within the period of time specified in the Default Notice,
the non-defaulting Party may pursue any and all remedies available, including specific performance
in that there may not be an adequate remedy at law. In addition, Owner may replace Builder with
another party to complete construction and may deduct from the Price any amount paid by Owner to
such third party to complete construction in accordance with the Plans. In the event either Party takes
any action to enforce this Agreement, the prevailing Party shall reimburse the other Party for all
expenses incurred by the prevailing Party, including attorney fees.

    18. Cross Default. Contemporaneously with the execution of this Agreement, Owner and
Builder are entering into ____similar agreements for the construction of homes similar to the
Residence on each of the ______ lots depicted on the Site Plan (“Other Agreements”). Owner and
Builder agree that a default of this Agreement or any of the Other Agreements shall constitute a
default of all Other Agreements and this Agreement.

    19. Dispute Resolution. Any claim or demand of either party arising out of this Agreement,
including without limitation, claims of fraud, misrepresentation, warranty or negligence and that
exceeds $5,500 in value shall be submitted to binding arbitration. The parties shall attempt to agree
on a mutually agreeable independent arbitrator. If the parties are unable to mutually agree on an
arbitrator, and arbitrator shall be selected in accordance with the rules of the American Arbitration
Association. The arbitration shall be conducted in accordance with the rules of the American
Arbitration Association, Home Construction Arbitration Rules and Mediation Procedures. A Circuit
Court judgment may render judgment upon the award made pursuant to this Agreement. This
Agreement is specifically made subject to and incorporates the provisions of the Michigan Arbitration
Act, MCL 600.5001 et seq. The cost of such arbitration shall be divided equally between both
parties. Neither Party shall be required to submit to arbitration any claim or demand of a value less
than $5,500.

    20. Miscellaneous.

            a. Authority to Bind Owner. No approval, agreement or consent and no document
    signed in connection with this Agreement shall be binding on Owner unless made, given or
    signed by Frank Peterson or Jake Eckholm.

            b. Applicable Law. This Agreement is executed in, shall be governed by, and construed
    and interpreted in accordance with the laws of the State of Michigan.

            c. Entire Agreement. This writing shall constitute the entire Agreement, and shall
    supersede any other Agreements, written or oral, that may have been made or entered into by the
    parties with respect to the subject matter hereof, and shall not be modified or amended, except in
    a subsequent writing signed by the party against whom enforcement thereof is sought.

            d. Binding Effect. This Agreement shall be binding upon, inure to the benefit of, and be
    enforceable by the parties and their respective legal representatives, successors, assigns, officers,
    directors, employees, agents, heirs, executors, and administrators.

             e. Full Execution. This Agreement requires the signature of both parties. Until fully
    executed on a single copy or in counterparts, this Agreement is of no binding force or effect, and
    if not fully executed, this Agreement is void.

                                                  4
        f. Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original as against any party whose signature appears thereon, and all
of which together shall constitute one and the same instrument. This Agreement shall become
binding upon the parties when one or more counterparts, individually or taken together, shall bear
the signatures of all parties.

         g. Non-Waiver. No waiver by any party of any provision of this Agreement shall
constitute a waiver by such party of such provision on any other occasion or a waiver by such
party of any other provision of the Agreement.

        h. Severability. Should any one or more of the provisions of this Agreement be
determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
enforceability of the remaining provisions shall not in any way be impaired or affected.

        i. No Discrimination. Discrimination on the basis of religion, race, creed, color,
national origin, age, sex, marital status, or handicapped condition by either party in respect to the
construction of the Residence is prohibited.

        j. Assignment or Delegation. Neither Builder nor Owner may assign all or any part of
this Agreement. Provided, that Builder may delegate all or any part of its obligations to perform
the services under this Agreement, to any persons or entities that Builder, in its sole discretion,
deems appropriate, including sub-contractors. Such delegation shall be at the sole expense of
Builder unless otherwise provided.

         k. Notices. Any notices required or permitted to be given under this Agreement must be
in writing and sent to the address shown below (or such subsequent address as may be designated
by either party in writing) by certified mail, return receipt requested and postage prepaid, a
recognized courier service (Federal Express, UPS, or DHL), or by email with confirmation of
delivery received. The notice will be effective upon receipt.

To Builder:

                 19 Hartford Ave,
                 Muskegon, MI 49442
                 Attn: Kimi George
                 Phone: 231-728-3117
                 E-mail: Kimi@communityencompass.org

To Owner:
                 City of Muskegon
                 933 Terrace Street
                 P.O. Box 536
                 Muskegon, MI 49443-0536
                 Attn: Jake Eckholm
                 Phone: 231-724-6780
                 Fax: 231-722-1214
                 E-mail: jake.eckholm@shorelinecity.com




                                              5
With a contemporaneous copy to:

                Parmenter O'Toole
                601 Terrace Street
                P.O. Box 786
                Muskegon, Michigan 49443-0786
                Attn: John Schrier
                Phone: 231-722-5401
                Fax: 231-722-5501
                Email: john@parmenterlaw.com

          l. Time is of the Essence. Builder and Owner acknowledge and agree that the time
related provisions set forth herein are critical and essential terms of this Agreement and that time
is of the essence with regard to the transactions contemplated in this Agreement. Failure to
strictly comply with the time related provisions of this Agreement will be considered a breach of
the entire Agreement.

        m. Pronouns. For convenience, Owner has been referred to this Agreement sometimes in
the singular and at other times in the plural.

        n. Notice of Sale or Lease. Upon the sale or lease of the Residence by Owner to a third
party, Owner shall provide notice to Builder of such sale or lease and provide builder with all
contact information for the buyer/tenant, including a phone number and an email address.




                                             6
                                 EXHIBIT B

                             LEGAL DESCRIPTION


PIN: 61-24-205-352-0008-00
Address: 180 HOUSTON AVE
MUSKEGON, MI 49440

CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 8 BLK 352




PIN: 61-24-205-364-0008-10
Address: 1141 JEFFERSON ST
MUSKEGON, MI 49440

CITY OF MUSKEGON REVISED PLAT OF 1903 S 68 FT LOT 8 BLK 364




PIN: 61-24-205-384-0007-20
Address: 1259 SANFORD ST
MUSKEGON, MI 49441

CITY OF MUSKEGON REVISED PLAT OF 1903 S 42 2/3 FT OF E 94 FT LOT 7 BLK 384
                              EXHIBIT C

                      PLANS AND SPECIFICATIONS

*FORMAL SITE PLANS SUBMITTED TO PLANNING DEPARTMENT*
                              EXHIBIT D

                             SITE PLAN


*FORMAL SITE PLAN SUBMITTED TO PLANNING DEPARTMENT*
                                              EXHIBIT E

                                         CHANGE ORDERS

        Owner has requested, and Builder agrees to the following Modifications to the Plans with the
cost/credit set forth below:

  MODIFICATION                       COST                        CREDIT             ADJUSTED PRICE




                                                        Builder -

                                                        By:      ________________________________
                                                        Name:    ________________________________
                                                        Title:   ________________________________
                                                        Date:    ________________________________

                                                        Owner – THE CITYOF MUSKEGON

                                                        By:      ________________________________
                                                        Name:    ________________________________
                                                        Title:   ________________________________
                                                        Date:    ________________________________
     EXHIBIT F

LONG TERM WARRANTY
       EXHIBIT G

PERMITTED ENCUMBRANCES
   __________________________________


RESIDENTIAL CONSTRUCTION AGREEMENT




                 OWNER


       THE CITY OF MUSKEGON

                BUILDER


        COMMUNITY ENCOMPASS

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