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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 11, 2022 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS, AWARDS, AND PRESENTATIONS:
A. Mr. Sims Ray City Service Recognition
B. Audit Presentation – Eric VanDop of Brickley DeLong; Transmittal of 6/30/21
Comprehensive Annual Financial Report
□ PUBLIC COMMENT ON AGENDA ITEMS:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Transmittal of 6/30/2021 Comprehensive Annual Financial Report
Finance
C. ADA Project Funding Reallocation Public Works
D. Amity Avenue (92009) – Change Order #001 Public Works
E. Michigan & Franklin (92003) – Change Order #003 Public Works
F. Prein & Newhoff – Laketon/Lakeshore Trail Connector Engineering
Assistance Public Works
G. Prein & Newhoff – Sanford Street Engineering Assistance Amendment
Public Works
H. Traffic Control Order 72 and 73 Traffic/Engineering
I. 2021-2022 School Resource Officer Agreement Public Safety
J. Sale – 1461 Nolan Avenue Planning
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K. 1095 Third Street RFP Response Economic Development
□ PUBLIC HEARINGS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Sales Agreement 2725 Olthoff City Manager
B. Pere Marquette Parking Improvements Public Works
C. Development Agreement – West Urban City Manager
□ ANY OTHER BUSINESS:
□ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Page 2 of 2
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 11, 2022 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the December 14, 2021 Regular Meeting.
Detailed Summary: N/A
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the minutes.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
CITY COMMISSION MEETING
DECEMBER 14, 2021 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, December 14, 2021,
Reverend D.W. Tolbert, New Hope Baptist Church, opened the meeting with a
prayer, after which the Commission and public recited the Pledge of Allegiance
to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners
Dan Rinsema-Sybenga, Willie German, Jr., Ken Johnson, Michael Ramsey and
Teresa Emory, Acting City Manager LeighAnn Mikesell, City Attorney John
Schrier, and City Clerk Ann Meisch.
HONORS, AWARDS, AND PRESENTATIONS:
A. Lakeshore Art Festival Pure Award
The Pure Award is intended to recognize Michigan tourism entities that have
pioneered the incorporation of innovative and exemplary best practices in
natural, cultural, and/or heritage stewardship into their daily operations. This
year, the Pure Award went to Lakeshore Art Festival (LAF), a collaboration of
public and private partners including the city of Muskegon.
LAF is centered around positive social, economic and environmental impacts
that complement the revitalization of Muskegon as a tourist attraction and a
great place to live, work and play. This collaboration was a conscious effort to
help revitalize downtown Muskegon through investment, environmental
stewardship, supporting the arts and tourism.
B. Presentation to Mayor Gawron by Troop
Representatives from BSA Troop 1053, including David Paulsen Scout Master,
presented Mayor Stephen J. Gawron, with a certificate and Michigan
Crossroads Course arm patch, commemorating September 11, 2001, in
appreciation and support of the Community Day of Remembrance and Scout
Salute.
PUBLIC COMMENT ON AGENDA ITEMS: Public comments were received.
Page 1 of 13
2021-108 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes for the November 23, 2021
Regular Meeting.
STAFF RECOMMENDATION: To approve the minutes.
B. Fireworks Display Permit for City of Muskegon City Clerk
SUMMARY OF REQUEST: Staff is requesting permission to sign an agreement with
Pyrotecnico Fireworks and spend up to $60,000 for expenses related to a
fireworks show in downtown Muskegon. If granted, Pyrotecnico Fireworks is
requesting approval of a fireworks display permit for Saturday, July 2, 2022 in
downtown Muskegon. The fire Marshall will inspect the fireworks on the day of
the event.
The proposed location of the fireworks is in the attached map. Both property
owners have been contacted and are willing to let us close off their property
within the yellow circle for the duration of the day and red circle during the
event.
AMOUNT REQUESTED: Up to $60,000 FUND OR ACCOUNT: DPW
STAFF RECOMMENDATION: To authorize the clerk to sign the agreement for
fireworks in downtown Muskegon with Pyrotecnico and authorize the
expenditures not to exceed $60,000.
C. Farmers Market Heating & HVAC City Clerk
SUMMARY OF REQUEST: Tim Harvey, or builder, sought quotes to replace the
heating and HVAC at the Farmers Market at an amount of $24,420.
Tim was only able to receive on quote. Currently the barn has no air
conditioning and the heat source does not work as well as it should. Replacing
the current system will help us with future plans to revamp the barn as an all year
facility to rent to local vendors including farmers, Kitchen 242 users, and vendors
looking to move downtown. This is not a budgeted item and would come out of
the Farmers Market budget.
AMOUNT REQUESTED: Up to $30,000 FUND OR ACCOUNT: Farmers Market
STAFF RECOMMENDATION: To authorize staff to proceed in upgrading the
heating/HVAC at the Farmers market with Jewett Heating and Cooling at a cost
not to exceed $30,000.
E. Extension of Temporary Employment Services Agreement EEO &
Employee Relations
SUMMARY OF REQUEST: To approve a one-year contract extension with
GoodTemps Temporary Staffing Services, Inc. for temporary and seasonal
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employment services. The current agreement expires on December 31, 2021.
STAFF RECOMMENDATION: To approve the agreement with GoodTemps
Temporary Staffing Services, Inc. and authorize the Mayor and City Clerk to sign
the agreement extension.
F. Non-Union Part Time and Limited Term Wage Matrix EEO & Employee
Relations
SUMMARY OF REQUEST: The 2022 wage matrix has been updated to reflect the
anticipated part time and limited term positions for next year.
STAFF RECOMMENDATION: Approve the updated wage matrix for the non-
union part time limited term employees for 2022.
G. MDOT Property Purchase Public Works
SUMMARY OF REQUEST: Staff is seeking formal resolution confirming purchase of
excess property from MDOT for use as a public open space.
The parcel in question is located along the southwest side of 9th Street between
Muskegon Avenue and Webster Avenue. The property is legally owned and
controlled by the State of Michigan (MDOT) as a part of the limited access
highway right-of-way for Shoreline Drive.
City staff has pursued purchase of this parcel from MDOT for consideration as a
skate park site. Recently alternative sites have been identified that are a better
fit for locating a skate park and this site is no longer planned for use in that
fashion. However, the work had been done to acquire the excess property and
staff would like to see that through.
The immediate plans for this site involve retaining the site as a public open
space, with potential consideration for alternative uses if/when the 10-year
reverter clause is released.
AMOUNT REQUESTED: $5,000 AMOUNT BUDGETED: $0
FUND OR ACCOUNT: 101-70751-5703
STAFF RECOMMENDATION: Approve the Resolution for purchase of the
excess property from MDOT and authorize the Mayor and Clerk to sign.
H. National Highway System (NHS) Revisions Public Works
SUMMARY OF REQUEST: Staff is seeking to have portions of Peck Street, Sanford
Street, and Terrace Street reclassified in terms of their NHS (National Highway
System) and NFC (National Functional Classifications) status.
Staff has been working for several years with the West Michigan Shoreline
Regional Development Commission (WMSRDC), the Michigan Department of
Transportation (MDOT), and the City of Muskegon Heights to have several
segments of street reclassified to better suit their current use.
Page 3 of 13
Historically Sanford, Peck and Terrace have served as state highways, and as
critical routes to key Department of Defense industrial sites in the area
(Continental Motors). This importance led to the streets being classified as NHS
routes which in turn requires them to be constructed with wider lanes and
heavier pavement to accommodate larger and heavier traffic.
As times have changed the need for these roads to be classified as NHS routes
has also changed. The proposal would remove these routes from the NHS
entirely. In addition, the roads will be reduced in classification from their current
standing as principal arterial routes down to a more appropriate level of minor
arterial.
This change does not impact our Act 51 funding, and the roads will remain
eligible for federal aid. The benefit derived from making this change is that the
roads can be designed and reconstructed in such a way that does not require
overly wide lanes that encourage speeding and heavy pavement designs
which increase project costs.
STAFF RECOMMENDATION: Support the change in NHS and NFC
designations for Peck, Sanford and Terrace Streets and authorize the City
Manager to sign the letter formally requesting the changes.
I. Project 91851(Spring & Yuba Streets) – Change Orders & Engineering
Services Amendment Public Works
SUMMARY OF REQUEST: Staff is seeking approval of Final Contract Modifications
#004 and #005 with Jackson-Merkey Contractors and for approval of a Final
Amendment (#004) of the Engineering Services Agreement with ENG, Inc. for
Project 91851 (Spring/Yuba Street).
Contract Modifications #004 and #005 with Jackson-Merkey Contractors detail
all of the changes to specific work items that were required to successfully
complete the project. There were a number of changes necessary due to the
complex nature of the project along with unforeseen underground conditions in
this oldest area of town. The project has required commission approval for
Change Orders starting with Change order #003 which added the work on
Yuba Street and was above the staff approval threshold. If Contract
Modification #004 and #005 are approved the final project contract amount will
be $3,477,719 on an original project amount of $3,075,529 representing a 13%
increase of which over 5% is a result of the additional Local Streets work on Yuba
Street not related to the original project.
Engineering services Amendment #004 includes increased engineering costs
required to provide engineering oversight and support on the project, which
took considerably more time, and effort than originally budgeted. If approved,
the Engineering Cost for this project will be $364,105 which represents
approximately 11% of the Construction Contract value and is in alignment with
industry and expected standards for a project of this scope and scale.
Page 4 of 13
All of the SRF/DWRF project carried a budgeted contingency of 6%. Approval of
these Change orders and the Engineering Services Amendment will not exceed
the budgeted contingency on the project package as a whole as several other
projects completed well below their contingency amounts.
For reference, if approved, the project will have remaining expenses estimated
at $973,111.40 and a remaining budget of $975,607.00, no future reforecasts are
anticipated.
AMOUNT REQUESTED: AMOUNT BUDGETED:
Change Order #004 - $156,367.69 $975,607 Remaining
Change Order #005 - $104,697.69 (202/203/590/591-91851)
ESA #004 - $63,700.00
FUND OR ACCOUNT: Various-91851-5346
STAFF RECOMMENDATION: Authorize staff to approve Change Orders #004
and #005 with Jackson-Merkey Contractors , and authorize staff to approve
Engineering Services Amendment #004 with ENG, Inc. for the work on Spring and
Yuba Streets.
J. Edgewater Resources Engineering Services Agreement Public Works
SUMMARY OF REQUEST: Staff is seeking approval of two (2) Engineering Services
Agreements with Edgewater Resources related to the development of public
infrastructure at Adelaide Pointe.
Both of these Engineering Services Agreements cover items for development
that are partially funded by the City and partially funded by the Developer. As
such, the standard purchasing policy was not used for procurement. The
proposal was requested from the developers engineer as they are the best
suited to complete this joint investment portion of the project based on their
prior work at the site. The remaining public infrastructure items (streets, water,
sewer, etc…) will be recommended for Commission Approval via a Request for
Proposals process at a later date.
• The work contained within the first ESA encompasses the permitting
required for the work in the East Basin (Formerly the Hartshorn Marina Small
Boat Basin). The project work will require completion of a Joint Permit
Application to MDEGLE with concurrence and review from the USACE and
USCG.
• The work contained within the second ESA encompasses the design,
bidding and construction engineering for the lift well and launch ramp
elements of the east basin. As noted above, these are considered public
infrastructure improvements per the Development Agreement and
Brownfield Plan.
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In conjunction with the work outlined in these two ESA documents Edgewater
Resources will also be completing permitting and engineering for the non-public
portions of the work at developer’s expense within the east basin which includes
additional dredging, construction of shopper docks, and other items.
Staff is recommending that these ESA’s be approved conditional to the sale for
the bonds to finance the public infrastructure on the site.
AMOUNT REQUESTED: AMOUNT BUDGETED:
Permitting ESA = $15,000 Estimated $10M Bond Revenue for Public
Lift Well & Ramp ESA = $85,000 Infrastructure at a TBD Future Date
FUND OR ACCOUNT: TBD Brownfield Fund
STAFF RECOMMENDATION: Authorize staff to execute the Engineering
Services Agreements from Edgewater Resources related to the work in the East
Basin, contingent upon successful sale and closure of the bonds for the public
infrastructure at this site.
K. Project 92002 Change Order #003 - Peck Street from Merrill to Apple Public
Works
SUMMARY OF REQUEST: Staff is seeking approval of Final Contract Modifications
#003 with McCormick Sand for their work on the northern portion of the Peck
Street project.
Contract Modifications #003 represents the final adjustment of quantities and
cost for the project to bring it to final completion. The project as a whole will
finish at $874,335.87 which represents an increase of $31,197.05 over the As-Bid
amount ($843,138.82) representing an increase of 3.7%
The largest increase was a result of requiring additional length of water line to
replace the water services along the project (>$24K). Under the new state
guidelines we must replace the service line to a point within the house and
inconvenience the property owner a minimum number of times.
The project will finish very near the programmed budget once final engineering
and testing costs are accounted. A slight adjustment via a future reforecast is
possible to match the final project amounts.
This change order is brought for Commission consideration as it exceeds the staff
approval threshold of $30K. The previous two change orders were within the staff
approval limits.
AMOUNT REQUESTED: AMOUNT BUDGETED:
Change Order #003 - $35,929.16 $650,000 (202-92002)
$300,000 (591-92002)
FUND OR ACCOUNT: Various-91851-5346
Page 6 of 13
STAFF RECOMMENDATION: Authorize staff to approve Change Orders #003
with McCormick Sand for the work on City project 92002 (Peck Street – Merrill to
Apple).
N. Social District 2022 Fee Economic Development
SUMMARY OF REQUEST: The City Commission is asked to consider the
2022 fee for Muskegon Downtown Social District stickers.
The city charges for social district stickers placed on establishments’ branded
cups that allow patrons to take and consume alcoholic drinks in the Social
District Common Area. The first year the city charged two fees, one for regular
days and a higher fee for special events. The average cost of fees were 60
cents with 62 percent of the stickers sold at the special event prices. With
consensus support of the establishments, staff recommends a sing 75-cent
sticker fee for the entire year. This same fee would be charged to Lakeside
Social District establishments. The downtown fee is estimated to raise $92,250
with the 25 percent increase needed to help cover city costs of producing
special events in the downtown social district and startup costs in Lakeside. All
sticker revenues will cover direct social district costs or indirect city special event
costs.
STAFF RECOMMENDATION: To approve a 75-cent city social district sticker
fee for the 2022 calendar year.
Motion by Commissioner Johnson, second by Vice Mayor Hood, to accept the
consent agenda as presented minus items, D, L, and M.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
2021-109 REMOVED FROM CONSENT AGENDA:
D. FY22 Municipal Senior Millage Funding Community & Neighborhood
Services
SUMMARY OF REQUEST: To approve allocations of the Municipal Senior Millage
funding to city programs geared toward citizens who are 60 years of age, or
older.
An allocation of $94,640 from the county of Muskegon FY22 Municipal Senior
Millage funding is budgeted for the following programs:
Power of Produce (Farmers Market) - $40,000
Home Repairs (CNS) - $54,640
AMOUNT REQUESTED: $94,640 AMOUNT BUDGETED: $94,640
Page 7 of 13
FUND OR ACCOUNT: FY22 Municipal Senior Millage
STAFF RECOMMENDATION: To approve the budget proposed for City of
Muskegon programs utilizing FY22 Municipal Senior Millage Funds from the
County of Muskegon.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to approve the budget proposed for City of Muskegon programs utilizing FY22
Municipal Senior Millage Funds from the County of Muskegon.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
Sybenga, and Emory
Nays: None
MOTION PASSES
L. Arena Vending City Manager
SUMMARY OF REQUEST: Staff is seeking approval to purchase three vending
machines for Mercy Health Arena.
Arena staff has been unable to consistently open the concession stands in a
profitable manner during small events such as youth hockey, high school
hockey, etc. Staff is recommending that three vending machines be purchased
to provide snacks, cold drinks, and hot drinks during these times. Staff has
received a number of quotes, and it is likely that multiple vendors will be used to
complete the purchase(s). We are seeking approval to expend $25,000 to
purchase the three machines. A sample of the machine types and costs is
attached.
Although this specific purchase was not budgeted, staff feels that the purchase
can fit within the current Mercy Health Arena budget.
AMOUNT REQUESTED: $25,000 AMOUNT BUDGETED: $25,000
FUND OR ACCOUNT: Mercy Health Arena
STAFF RECOMMENDATION: Authorize the purchase of three vending
machines for Mercy Health Arena at a combined cost not to exceed $25,000.
Motion by Commissioner Emory, second by Commissioner German, to authorize
the purchase of three vending machines for Mercy Health Arena at a combined
cost not to exceed $25,000.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
and Johnson
Nays: None
MOTION PASSES
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M. CSXT Purchase Agreement City Manager
SUMMARY OF REQUEST: Staff is seeking authorization to enter into an
agreement with CSXT.
For the past 5+ years, staff has been working to complete the purchase and
removal of the CSXT railroad line that runs from the former YMCA through
Lakeside to the Jaycees Launch Ramp. The attached agreement would allow
for a portion of the line to be converted into a trail via a trail use agreement,
and the remainder of the line to be used for redevelopment.
The purchase price is $1,648,000. We anticipate $40,000 in filing fees as well. As
part of the due diligence period, we will have the entire line surveyed. We do
not have a cost for the survey, and instead will use a billable hourly rate model.
Staff has a tight timeline to complete due diligence and prepare for Federal
Approval. As such, we will be requesting authorization to both sign the
agreement and formally complete the sale at the end of the due diligence
period. We are using a combined not-to-exceed budget number of $2 Million.
We are proposing to utilize ARPA dollars to complete the purchase, but we
foresee opportunities to recoup most/all of this investment via a combination of
Brownfield TIF and allowing the buy-out of the various crossing agreements that
we will inherit.
AMOUNT REQUESTED: $2 Million AMOUNT BUDGETED: $0
FUND OR ACCOUNT: State/Federal Grants
STAFF RECOMMENDATION: To authorize the City Manager to sign the
Agreement and complete the transaction upon successful completion of the
due diligence, and thereafter to return to the City Commission for final approval
of transaction prior to closing.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to authorize the City Manager to sign the Agreement and complete the
transaction upon successful completion of the due diligence, and thereafter to
return to the City Commission for final approval of transaction prior to closing.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
and Gawron
Nays: None
MOTION PASSES
2021-110 PUBLIC HEARINGS:
A. Infill Housing Project Brownfield Plan Public Hearing (3rd Amendment)
Economic Development
SUMMARY OF REQUEST: To hold a public hearing and approve the resolution
which seeks to adopt an amendment to the City’s Brownfield Plan (Infill Housing
Page 9 of 13
Project, 3rd Amendment). On November 30, 2021, the BRA approved the Plan
Amendment and further recommends that the Muskegon City Commission
approve the Plan Amendment.
City staff has prepared a brownfield plan to include an additional 386 parcels
beyond the 119 parcels previously adopted in the 2nd Amendment. This brings
the total to 505 Eligible Properties for this project and the lots are scattered
throughout the city. The City Commission approve the Plan’s 1st Amendment on
7/28/2020 and 2nd Amendment on 12/8/2020. This Amendment seeks to modify
the plan by adding in all of the government-owned, vacant residential
properties in the City.
The 3rd Amendment also includes the following updates:
• Developer’s Reimbursement Costs: Infill Housing - $13,557,000; Mixed-use
projects-$1,000,000; Total reimbursement costs - $14,557,000
• Estimated Total Capital Investment: Infill Housing - $127,000,000; Home
rehab - $500,000; Mixed Use developments: $26,000,000; Total Estimated
Capital Investment - $153,500,000
• The Plan anticipates eligible activities, paid through future capture of tax
increments, to include $11,780,000 for cost of sale/seller concessions;
$2,000,000 for demolition and potential costs of abatement; $777,000 to
construct public infrastructure at the former farmers market; $20,000 for
brownfield plan preparation and development; a 15% plan contingency
fee of $2,603,100; and which reflects total eligible activities to be paid
under this plan at $19,957,100. The eligible activities will also be reimbursed
with interest at 5%.
• The Authority intends to enter into Development & Reimbursement
Agreements with future property owners/developers of properties
included in the Plan to reimburse them for costs of eligible activities.
• The duration of this Plan does not exceed 30 years and complete
recapture of eligible costs through tax increment revenue are expected
to occur within this period. The duration of the tax capture began in 20209
and does not “reset” with the adoption of this 3rd Amendment.
• The plan contemplates continued five-year capture of tax increments for
a local Brownfield Revolving Loan Fund if there is time left in the 30-year
plan after eligible costs are covered.
STAFF RECOMMENDATION: To close the public hearing and approve the
resolution of the Brownfield Plan Amendment for the City’s Infill Housing Project
(3rd Amendment).
PUBLIC HEARING COMMENCED: No public comments were received.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
Page 10 of 13
close the public hearing and approve the resolution of the Brownfield Plan
Amendment for the City’s Infill Housing Project (3rd Amendment).
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
Gawron, and Hood
Nays: None
MOTION PASSES
B. Lakeside Corridor Improvement Authority Development and TIF Plan Public
Hearing Development Services
SUMMARY OF REQUEST: The Lakeside Corridor Improvement Authority has
reviewed and approved the Development and TIF Financing Plan, which must
also be approved by the local unit of government.
The Lakeside BID/CIA has completed a review of their Development and TIF
Financing Plan, which lays out project priorities for the funds collected through
TIF and other eligible means. Per Public Act 57 of 2018, it must be approved by
the local unit after a public hearing is held, and other taxing jurisdictions are
noticed. From here the plan is filed with the State and said taxing jurisdictions
have 60 days from plan approval to opt out. The proposed plan reflects funds
with no school tax capture, but no opt outs from other taxing jurisdictions.
STAFF RECOMMENDATION: To close the public hearing and approve the
Lakeside Corridor Improvement Authority Development and TIF Financing Plan
as presented.
PUBLIC HEARING COMMENCED: No public comments were received.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to close the public hearing and approve the Lakeside Corridor Improvement
Authority Development and TIF Financing Plan as presented.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
and Ramsey
Nays: None
MOTION PASSES
2021-111 NEW BUSINESS:
A. Housing Board of Appeals Demolition – 238 Houston Public Safety
SUMMARY OF REQUEST: To concur with the Housing Board of Appeals
recommendation to demolish 238 Houston.
This is to request that the City Commission concur with the findings of the
Housing Board of Appeals that the structure located at 238 Houston, is unsafe,
substandard, a public nuisance and that it be demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the
Page 11 of 13
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder
or staff may issue infraction tickets to the owner, agent, or responsible party if
they do not demolish the structure.
STAFF RECOMMENDATION: Staff recommends that the City Commission
concur with the Housing Board of Appeals recommendation to demolish 238
Houston and also recommends approval from the City Commission to accept
bids on the demolition.
Motion by Commissioner Ramsey, second by Commissioner Rinsema-Sybenga,
to concur with the Housing Board of Appeals recommendation to demolish 238
Houston and to accept bids on the demolition.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, Ramsey,
and German
Nays: None
MOTION PASSES
B. 2022 SEIU Unit 2 Contract City Manager
SUMMARY OF REQUEST: Staff is seeking approval of the proposed collective
bargaining agreement with the Service Employees International Union Unit 2.
City staff and Service Employees International Union Unit 2 representatives have
agreed upon new contract items that would take effect January 1, 2022. A
summary of the tentative agreements and wage scale is attached, and the SEIU
Unit 2 has ratified the contract. The new wage scale provides more parity
among classifications over time. The formal agreement will be prepared by
counsel. The new agreement is beneficial to both parties and does not have a
financial impact on the current budget. Staff is prepared to begin implementing
the provisions of the contract on January 1, 2022.
STAFF RECOMMENDATION: To approve the collective bargaining agreement
with the Service Employees International Union Unit 2 as presented.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to approve the collective bargaining agreement with the Service Employees
International Union Unit 2 as presented.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
Page 12 of 13
2021-112 ANY OTHER BUSINESS:
In recognition of Mayor Gawron’s decades-long service to our community,
motion by Commissioner Johnson, second by Commissioner Emory, to name the
dog beach boardwalk at Kruse Park after Stephen J. Gawron and invite him to a
future ribbon-cutting ceremony when upcoming boardwalk renovations are
completed.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
Sybenga, and Emory
Nays: None
MOTION PASSES
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public comments were
received.
ADJOURNMENT: The City Commission meeting adjourned at 6:58 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
Page 13 of 13
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 11, 2022 Title: Transmittal of 6/30/21 Comprehensive
Annual Financial Report
Submitted By: Kenneth D. Grant Department: Finance
Brief Summary: The City’s June 30, 2021 Comprehensive Annual Financial Report (CAFR) will be distributed
to the City Commissioners via email and hard copy. The CAFR will also be available on the City’s website.
The CAFR includes the annual independent auditor’s report as required by state law. At this time the CAFR
is being formally transmitted to the City Commission. The CAFR has been prepared in accordance with all
current Governmental Accounting Standards Board (GASB) pronouncements and also includes the single
audit of federal grants received by the City.
https://www.muskegon-mi.gov/cresources/CAFR-Final-compressed.pdf
Detailed Summary:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To accept the June 30, 2021 CAFR and authorized staff to transmit the
CAFR to appropriate Federal, State and private agencies.
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: January 11th, 2022 Title: ADA Project Funding Reallocation
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is requesting authorization to revised the previously approved allocations from the ADA project
account for projects along Western Avenue.
Detailed Summary:
On September 14th, 2021 the City Commission allocated $200,000 towards ADA work in the FY 21/22
budget as shown in line 101-91116 between three projects as follows:
• $120,000 – Frauenthal sidewalk replacement and snow melt system
• $40,000 – Streetscaping and sidewalk replacements along Western and 2nd at The Leonard
• $40,000 – 3rd to 5th Parking / Sidewalk flex space
Subsequent to the ADA distribution it was decided to dedicate ARPA dollars towards the Frauenthal
project. As such staff would like to adjust the previous ADA allocation to redistribute the Frauenthal
dollars to the other projects. The proposed new distribution would be as follows:
• $100,000 – Streetscaping and sidewalk replacements along Western and 2nd at The Leonard
• $100,000 – 3rd to 5th Parking / Sidewalk flex space
The $100,000 allocation in conjunction with The Leonard will make that project whole and complete
everything required. The $100,000 allocation towards the work on Western will need additional
funding from the Major Street fund in a future reforecast to make the project whole. There is currently
a budget surplus in the Major Street fund for FY21/22 to accommodate this revision and it will be
addressed in a future reforecast.
Amount Requested: $200,000 Amount Budgeted: $200,000
Fund(s) or Account(s): 101-91116 Fund(s) or Account(s): 101-91116
Recommended Motion:
Authorize staff to utilize the budgeted $200,000 allocation for ADA Projects in partnership with The Leonard
streetscaping and sidewalk replacements and for a pilot project to construct flex parking/sidewalk space along
two blocks of Western Avenue between 3rd and 5th.
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: January 11th, 2022 Title: Amity Avenue (92009) – Change Order
#001
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is requesting authorization to approve Change Order #001 on the Amity Avenue construction
project.
Detailed Summary:
Change Order #001 for the work on Amity Avenue is requesting approval to increase the contract
amount by $85,532.37 because of new items that were required on the contract. The original contract
amount was $4,138,499.30 and this change order represents a 2% increase. The project budget
carried a 6% contingency and this increase will not exceed that contingency.
The Amity Avenue project will be a second change order needed for this project to balance out the
original items in the contract, which include many unused items. The Engineer and Contractor are in
the process of finalizing those details. When Change Order #002 is finalized it is expected that it will
be a net decrease and offset much of the added cost in Change Order #001.
Amount Requested: $82,532.37 Amount Budgeted: $248,309.96
(6% of As-Bid)
Fund(s) or Account(s): 590/591-92009 Fund(s) or Account(s): 590/591-92009
Recommended Motion:
Authorize staff to approve Change Order #001 to the Amity Avenue project (590/591-92009).
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
CHANGE ORDER
No. 1
OWNER City of Muskegon
CONTRACTOR Kamminga & Roodvoets, Inc.
Project: Amity Avenue Improvements ENGINEER’s Project No. 842440
ENGINEER Fleis & VandenBrink Engineering
The Contract is modified as follows upon execution of this Change Order:
Description:
• Item 110 Orchard/Fork Sewer Correction (Lsum) Add: $33,404.72
• Item 111 Getty Water Main Line Stops (Lsum) Add: $16,823.01
• Item 112 Manhole Outside Drop (3 Ea. x $1,686.20) Add: $ 5,058.60
• Item 113 Valve Box Replacement (2 Ea. x $744.14) Add: $ 1,488.28
• Item 114 Storm Sewer, 18 inch (5.5 Ft. x $75.00) Add: $ 412.50
• Item 115 Sewer Tap, 18 inch (1 Ea. x $700.00) Add: $ 700.00
• Item 116 Exploratory Digging (13.5 hrs x $461.13) Add: $ 6,225.26
• Item 117 Tree & Stump Removal, 6”-18” (3 Ea. x $813.75) Add: $ 2,441.25
• Item 118 Tree & Stump Removal, 19”-36” (9 Ea. x $1,674.75) Add: $15,072.75
• Item 119 Tree & Stump Removal, 37” and over (1 Ea. x $3,906.00) Add: $ 3,906.00
Total Add: $85,532.37
CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES
Original Contract Price Original Contract Times:
Substantial Completion:
$ 4,138,499.30 Ready for Final Payment:
(days or dates)
Increase (Decrease) from previously approved Increase (Decrease) from previously approved
Change Orders No. NA to NA : Change Orders No. to :
Substantial Completion:
$ Ready for Final Payment:
(days)
Contract Price prior to this Change Order: Contract Times prior to this Change Order:
Substantial Completion:
$ 4,138,499.30 Ready for Final Payment:
(days or dates)
Increase (Decrease) of this Change Order: Increase (Decrease) of this Change Order:
Substantial Completion:
$ 85,532.37 Ready for Final Payment:
(days)
Contract Price incorporating this Change Order: Contract Times with all approved Change Orders:
Substantial Completion:
$ 4,224,031.67 Ready for Final Payment:
(days or dates)
RECOMMENDED: APPROVED: ACCEPTED:
By: By: By:
ENGINEER (Authorized Signature) OWNER (Authorized Signature) CONTRACTOR (Authorized Signature)
Title: Project Manager Title: Title:
Date: December 10, 2021 Date: Date:
Approved by Funding Agency (if applicable):
By: Date:
Title: _______________________________________________
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 11th, 2022 Title: Michigan & Franklin (92003) – Change
Order #003
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is requesting authorization to approve Change Order #003 on the Michigan & Franklin
construction project.
Detailed Summary:
Change Order #003 for the work on Michigan Avenue & Franklin Avenue is requesting approval to
increase the contract amount by $47,820.00.
There are several small adjustments needed to the Michigan and Franklin project that were identified
as having been missed for previously payment during final closeout between the Engineer and
Contractor. These are shown as Line items 1-4 on the attached and would not exceed the threshold
for staff approval on their own.
Additionally there is one large extra item shown as Line item 5 which was added onto this contract, but
was completed at a different location. The storm sewer outlet at Spring Street and Webster Avenue
was found to be collapsed during construction of the work on Spring Street, and required immediate
emergency repair to prevent flooding and damage. The Contractor for Spring Street was unable to
complete this work in a reasonable timeframe due to prior commitments and as such staff worked with
our Engineer to solicit bids for this work. Wadel Stabilization provided the low bid and was authorized
to complete this work in accordance with the emergency purchasing policy. Adding this work to an
existing contract which was already in place with Wadel Stabilization (Michigan & Franklin) allowed for
all of the contract provisions and insurance to remain in place to cover this additional work rather than
starting from scratch. Commission was notified via email on 9/24/2021 of the intent to utilize the
Emergency Purchasing provisions for this work.
Amount Requested: $47,820.00 Amount Budgeted: $47,820.00
Fund(s) or Account(s): Fund(s) or Account(s):
202-92003 (Michigan & Franklin) 202-92003 (Michigan & Franklin)
590-91851 (Spring Street) 590-91851 (Spring Street)
Recommended Motion:
Authorize staff to approve Change Order #003 to the Michigan Avenue and Franklin Avenue 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:
CITY OF MUSKEGON
DETAILED CONTRACT CHANGE REQUEST
CONTRACTOR CONTRACT DATE 12/8/2021
Wadel Stabilization, Inc. MICHIGAN AVE AND FRANKLIN STREET CHANGE ORDER
2500 Oceana Dr. H-92003, *202-91851 No. 3
Hart, MI 49420
ITEM OF WORK UNIT QUANTITY QUANTITY QUANTITY QUANTITY UNIT AMOUNT AMOUNT
DESCRIPTION, REASON, LOCATION OF CHANGE OF MEASURE PROPOSAL AS BUILT INCREASE + DECREASE - COST INCREASE DECREASE
CP Sharrow decrease in quantity by (3). Changed to CP Bike W /
42 EA 14 11 3 $180.00 $0.00 ($540.00)
Arrow
CP Bike W / Arrow, replaced Sharrow on LSD/Mich in dedicated bike
83 EA 0 3 3 $320.00 $960.00 $0.00
lane
42 CP Sharrows done on Beach St. added to this contract EA 0 10 10 $180.00 $1,800.00 $0.00
Undercuting on Michigan Ave at 2 locations. Replaced clay under failing areas of
84 LS 0 1 1 $4,700.00 $4,700.00 $0.00
road with sand and gravel overlay.
85 Spring St. Storm Sewer Outlet (*202-91851 FUND) LS 0 1 1 $40,360.00 $40,360.00 $0.00
CHANGE REQUEST EFFECIVE DATE: 12/8/2021 TOTALS $47,820.00 ($540.00)
ORIGINAL CONTRACT PRICE: $829,357.35
REVISED CONTRACT PRICE(CO1+ CO2) $877,831.86
NET +/- $47,280.00
REVISED CONTRACT PRICE: $925,111.86
ENGINEERING DEPARTMENT CONTRACTOR APPROVAL CITY OF MUSKEGON APPROVAL
AUTHORIZED REPRESENTATIVE AND DATE AUTHORIZED REPRESENTATIVE AND DATE
Brian DeLong - Estimator
PREPARED BY DATE PRINTED NAME AND TITLE PRINTED NAME AND TITLE
O:\ENGINEERING\COMMON\PROJECT MASTERS BY YEAR\2020 PROJECT MASTER\H 92003 Franklin, WesterntoMich, Mich, Hudson to LSD\Pay Estimates\MichiganFranklin\Change
Orders\CHANGE ORDER 3.xlsx 12/8/2021 11:57 AM
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 11th, 2022 Title: Prein & Newhoff – Laketon / Lakeshore
Trail Connector Engineering Assistance
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is requesting authorization to enter into a Professional Services Agreement (PSA) with Prein &
Newhof to provide grant and engineering assistance related to a proposed new non-motorized trail.
Detailed Summary:
This item pairs with another item on the agenda. See also the request for an amendment to the PSA
with Prein & Newhof for the Sanford Street project.
Staff is planning to pursue a combination of TAP (Transportation Alternatives Program – MDOT) and
RTP (Recreational Trails Program – MDNR) funding to provide the backbone financing for the
construction of a planned trail connection along Sanford and Terrace Streets. Preliminary meetings
with both state agencies have verified the project as a good candidate for both programs as well as
being a regional priority.
The proposed trail route would start at the intersection of Sanford/Laketon and replace the eastern
sidewalk along Sanford Street north to Apple Avenue. The trail would cross Apple Avenue at the
signalized intersection (Apple/Sanford) then follow north along the sidewalk on the southwest side of
Terrace Street to Shoreline Drive. The trail would cross Shoreline Drive at the signalized intersection,
cross the railroad at the existing sidewalk crossing then join the Lakeshore Trail.
While the opportunity for the grant funding is encouraging it does come with the consequence of
requiring the non-motorized pathway project to be separated entirely from the other utility work that is
planned for Sanford Street. So while they could be constructed in near conjunction/succession
(pending grants), they must be administered entirely separately. In addition the TAP/RTP funding
would require the non-motorized trail project to be administered as an MDOT local agency program,
which has a separate schedule and requirements from the other utility projects.
As such staff is requesting to enter into a separate PSA to administer the trail project, and requesting a
reduction in the original Sanford Street PSA to remove some of the expense from that agreement
related to incorporating the planned trail. As these projects are best designed and planned
concurrently by the same team we have not solicited bids for this work but rather have requested a
proposal only from the team working on the Sanford Street utility project.
You’ll note that the new agreement costs more than the reduction to the existing agreement. There
are a number of reasons for that but the primary one is the requirement that the projects be
administered entirely separately creating duplication of efforts in many areas. In addition being an
MDOT administered local agency project carries additional requirements that increase the cost and
time required. However, if the project is successful in securing the noted grant funding, the increase in
the engineering costs will be more than offset by the grant amounts.
The Sanford Street utility project is still planned for 2023 construction. With a quick turnaround and a
successful grant application we could potentially pursue TAP/RTP funding for the same fiscal year.
There is a possibility that FY23 funding through MDOT/MDNR will not be available in which case we
may need to consider 2024 funding and construction.
Amount Requested: $158,700 Amount Budgeted: $0
(FY21/22, 22/23 & 23/24) ($40K in 21/22 via Future Reforecast)
Fund(s) or Account(s): 202 Fund(s) or Account(s): 202
Recommended Motion:
Authorize staff to sign the professional services agreement with Prein & Newhof to provide grant application
assistance, design engineering and construction administration related to a non-motorized pathway along
Sanford and Terrace Streets.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
December 23, 2021
Mr. Leo Evans, P.E.
City of Muskegon
Department of Public Works
1350 Keating Avenue
Muskegon, MI 49442
Re: Proposal for Professional Engineering Services for TAP Grant and Sanford NMP
Dear Mr. Evans:
We are submitting this proposal to provide professional engineering services to assist you with
applying for a TAP grant for a non-motorized path (NMP) along Sanford Street from Laketon to
Shoreline. This proposal also includes design and construction phase services for the proposed
pathway assuming it will be a Local Agency Project.
We have reviewed the project and have developed the following scope of services. This project was
previously included in our existing contract for the Sanford Street SRF/DWRF project and did not
consider MDOT LAP funding. This proposal assumes the design work will be done with the Sanford
project however a separate plan set will be developed. We assume that this project will be funded in
FY 2024 the year following completion of the Sanford project.
Preliminary Design and Grant Application
Complete TAP grant application and supporting documentation, assumes city will assist in
obtaining letters of support;
Complete NEPA review and submit necessary supporting documentation including SHPO
review;
Complete Program Application.
Design and Bidding Phase
Assist City in determining alignment of non-motorized pathway;
Complete design of proposed NMP on Sanford using base maps from Sanford SRF/DWRF
project and completing design concurrently with the design of that project;
Use City provided survey of Terrace Street to develop plans for a non-motorized path (NMP)
from Apple to Shoreline.
Provide assistance with MDOT and Railroad ROW permitting for NMP including signal
rework;
Provide construction estimate and scoping assistance for pedestrian lighting;
Attend two design review meetings;
Attend GI meeting with Utilities and MDOT;
Prepare and submit SESC permit application (City to pay any permit fees);
Prepare opinion of probable cost based on final design;
Prepare necessary special provisions.
\\grfileserver\reference\PRP - Proposal Preparation\City of Muskegon\2021-07 SRF-DWRF\prp 2021-12-23 Evans NMP.doc
Mr. Leo Evans
December 23, 2021
Page 2
Construction Phase
Schedule and attend preconstruction meetings and prepare minutes;
Track and review shop drawings;
Provide construction staking;
Provide testing (soil density, gravel, asphalt, and concrete, etc.);
Provide construction observation in accordance with LAP requirements assuming 10 weeks
of construction, (450 hours);
Schedule and attend monthly progress meetings as needed, and prepare minutes for each;
Respond to RFIs, prepare payment applications and change orders;
Provide MDOT certified Office Technician;
Prepare punch lists and close out documents.
Fee
Based on the scope of work described above, we propose to complete the work for a not to exceed
cost of $158,700. Our estimated time/work level of effort is attached. Our hourly rates are adjusted
each January. We have included an increase of 3% in hourly rates in 2023 and 2024. Our fee does
not include time to obtain grading easements or pedestrian lighting design. Once the contract is let
and the contractor provides a schedule for construction, we may need to review the estimated
construction time.
We are also offering a deduction in our fee for our existing SRF/DWRF Sanford/Hadden project of
$61,000.00.
Thank you for the opportunity to provide this proposal. Please contact us if you have any questions.
Sincerely,
Prein&Newhof
Barbara E. Marczak, P.E.
Enclosures: Estimated work effort/fee, Professional Services Agreement
\\grfileserver\reference\PRP - Proposal Preparation\City of Muskegon\2021-07 SRF-DWRF\prp 2021-12-23 Evans NMP.doc
Project No.
Professional Services Agreement
This Professional Services Agreement is made this 23th day of December, 2021 (“Agreement”)
by and between Prein & Newhof, Inc. (“P&N”), of 3355 Evergreen Drive, NE, Grand Rapids, MI
49525, and City of Muskegon (“Client”), of 933 Terrace Street, Muskegon, MI 49443.
WHEREAS Client intends to:
Apply for a MDOT TAP grant and construct a Non-Motorized Path on Sanford Street from
Laketon Avenue to Apple Avenue and on Terrace Street from Apple Avenue to Shoreline Drive.
NOW THEREFORE, for and in consideration of the terms and conditions contained herein, the
parties agree as follows:
ARTICLE 1 – DESIGNATED REPRESENTATIVES
Client and P&N each designate the following individuals as their representatives with respect to
the Project.
For Client For P&N
Name: Leo Evans, P.E. Name: Barbara Marczak, P.E.
Title: Director of Public Works Title: Team Leader
Phone Number: 231-724-6920 Phone Number: 231-798-0101
Facsimile Number: 231-727-6904 Facsimile Number: 231-798-0337
E-Mail Address: [email protected] E-Mail Address: [email protected]
ARTICLE 2 – GENERAL CONDITIONS
This Agreement consists of this Professional Services Agreement and the following documents
which by this reference are incorporated into and made a part of this Agreement.
☐ P&N Standard Terms and Conditions for Professional Services
☒ P&N Proposal dated December 23, 2021
☒ P&N Standard Rate Schedule
☐ P&N Supplemental Terms and Conditions
☒ Other: P&N Modified Standard Terms and Conditions for Professional Services (Limitation
of Liability)
ARTICLE 3 – ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT:
3355 Evergreen Drive, NE Grand Rapids, MI 49525 t.616-364-8491 f. 616-364-6955 www.preinnewhof.com
Page 1 of 2
Template date: January 15, 2016 R:\PRP - Proposal Preparation\City of Muskegon\2021-07 SRF-DWRF\PSA agm 2021-12-23 City of Muskegon TAP NMP.docx
Client hereby requests, and P&N hereby agrees to provide, the following services:
☒ P&N Scope of Services per Proposal dated December 23, 2021
☐ Scope of Services defined as follows:
NA
ARTICLE 4 – COMPENSATION:
☐ Lump Sum for Services Described in Article 3 above - $.
Additional services to be billed per P&N’s Standard Rate Schedule in effect on the date
the additional service are performed.
☐ Hourly Billing Rates plus Reimbursable Expenses per P&N’s Standard Rate Schedule in effect
on the date services are performed.
☒ Other: Hourly rates and expenses as described in the December 23, 2021 proposal. Maximum
not to exceed $158,700 without City of Muskegon authorization.
ARTICLE 5 – ADDITIONAL TERMS (If any)
None
This Agreement constitutes the entire Agreement between P&N and Client and supersedes all prior
written or oral understandings. This Agreement may not be altered, modified or amended, except
in writing properly executed by authorized representatives of P&N and Client.
Accepted for: Accepted for:
Prein&Newhof, Inc. City of Muskegon
By: By:
Printed Name: Jason Washler, P.E. Printed Name: Leo Evans, P.E.
Title: Vice President Title: Director of Public Works
Date: December 23, 2021 Date:
Page 2 of 2
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Standard Terms & Conditions
A. General - As used in this Prein&Newhof Standard Terms and Conditions for Professional Services (hereinafter “Terms and
Conditions”), unless the context otherwise indicates: the term “Agreement” means the Professional Services Agreement
inclusive of all documents incorporated by reference including but not limited to this P&N Standard Terms and Conditions
for Professional Services; the term “Engineer” refers to Prein & Newhof, Inc.; and the term “Client” refers to the other party
to the Professional Services Agreement.
These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of
the State of Michigan.
B. Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under
the Agreement will be the care and skill ordinarily used by members of Engineer’s profession of ordinary learning, judgment
or skill practicing under the same or similar circumstances in the same or similar community, at the time the services are
provided.
C. Disclaimer of Warranties - Engineer makes no warranties, expressed or implied, under the Agreement or otherwise.
D. Construction/Field Observation - If Client elects to have Engineer provide construction/field observation, client
understands that construction/field observation is conducted to reduce, not eliminate the risk of problems arising during
construction, and that provision of the service does not create a warranty or guarantee of any type. In all cases, the
contractors, subcontractors, and/or any other persons performing any of the construction work, shall retain responsibility for
the quality and completeness of the construction work and for adhering to the plans, specifications and other contract
documents.
E. Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for
construction means, methods, techniques, sequences, or procedures, or for any safety precautions and programs in
connection with the construction work, for the acts or omissions of the Contractor, Subcontractors, or any other persons
performing any of the construction work, or for the failure of any of them to carry out the construction work in accordance
with the plans, specifications or other contract documents.
F. Opinions of Probable Costs – Client acknowledges that Engineer has no control over market or contracting conditions and
that Engineer’s opinions of costs are based on experience, judgment, and information available at a specific period of time.
Client agrees that Engineer makes no guarantees or warranties, express or implied, that costs will not vary from such
opinions.
G. Client Responsibilities
1. Client shall provide all criteria, Client Standards, and full information as to the requirements necessary for Engineer to
provide the professional services. Client shall designate in writing a person with authority to act on Client’s behalf on all
matters related to the Engineer’s services. Client shall assume all responsibility for interpretation of contract documents
and construction observation/field observation during times when Engineer has not been contracted to provide such
services and shall waive any and all claims against Engineer that may be connected thereto.
2. In the event the project site is not owned by the Client, the Client must obtain all necessary permission for Engineer to
enter and conduct investigations on the project site. It is assumed that the Client possesses all necessary permits and
licenses required for conducting the scope of services. Access negotiations may be performed at additional costs.
Engineer will take reasonable precaution to minimize damage to land and structures with field equipment. Client
assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to
Engineer’s performance of services.
3. The Client, on behalf of all owners of the subject project site, hereby grants permission to the Engineer to utilize a small
unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition. The Client is responsible to provide
required notifications to the property owners of the subject project site and affected properties where the sUAS services
will be performed. The Engineer will operate the sUAS in accordance with applicable State and Federal Laws.
H. Hazardous or Contaminated Materials/Conditions
1. Client will advise Engineer, in writing and prior to the commencement of its services, of all known or suspected
Hazardous or Contaminated Materials/Conditions present at the site.
2. Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated
Materials/Conditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate
its services. Engineer and Client also agree that the discovery of said Materials/Conditions may make it necessary for
Engineer to take immediate measures to protect health, safety, and welfare of those performing Engineer’s services.
Client agrees to compensate Engineer for any costs incident to the discovery of said Materials/Conditions.
page 1 of 3
R:\Draft Specifications and Documents\Final P&N Agreements 2015-06-24\Standard Terms and Conditions - Public Entities.docx
(updated September 15, 2017)
3. Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site. Similarly, a site
which is in fact unaffected by contaminants at the time of Engineer’s surface or subsurface exploration may later, due to
natural phenomena or human intervention, become contaminated. The Client waives any claim against Engineer, and
agrees to defend, indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that
Engineer does not detect the presence of contaminants through techniques commonly employed.
4. The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the
laws pertaining to environmental issues, Engineer cannot offer legal advice to the Client. Engineer urges that the Client
seek legal assistance from a qualified attorney when such assistance is required. Furthermore, the Client is cautioned to
not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal
representation of environmental law or practice.
5. Unless otherwise agreed to in writing, the scope of services does not include the analysis, characterization or disposal of
wastes generated during investigation procedures. Should such wastes be generated during this investigation, the Client
will contract directly with a qualified waste hauler and disposal facility.
I. Underground Utilities – To the extent that the Engineer, in performing its services, may impact underground utilities,
Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the
services for which Engineer has been contracted, including contacting the appropriate underground utility locating entities
and reviewing utility drawings provided by others. Engineer will take reasonable precautions to avoid damage or injury to
underground utilities and other underground structures. Client agrees to hold Engineer harmless for any damages to below
ground utilities and structures not brought to Engineers attention and/or accurately shown or described on documents
provided to Engineer.
J. Insurance
1. Engineer will maintain insurance for professional liability, general liability, worker’s compensation, auto liability, and
property damage in the amounts deemed appropriate by Engineer. Client will maintain insurance for general liability,
worker’s compensation, auto liability, and property damage in the amounts deemed appropriate by Client. Upon request,
Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages.
2. Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as
specified in project contract documents. Client shall cause Engineer, Engineer’s consultants, employees, and agents to be
listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer
provides services. Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect
that, in the event of payment of any loss or damages, subrogation rights under these Terms and Conditions are hereby
waived by the insurer with respect to claims against Engineer.
K. Limitation of Liability - The total liability, in the aggregate, of Engineer and Engineer’s officers, directors, partners,
employees, agents, and consultants, whether jointly, severally or individually, to Client and anyone claiming by, through, or
under Client, for any and all injuries, losses, damages and expenses, whatsoever, arising out of, resulting from, or in any
way related to the Project or the Agreement, including but not limited to the performance of services under the Agreement,
from any cause or causes whatsoever, including but not limited to the negligence, professional errors or omissions, strict
liability or breach of contract or warranty, expressed or implied, of Engineer or Engineer’s officers, directors, partners,
employees, agents, consultants, or any of them, shall not exceed the amount of the compensation paid to Engineer under this
Agreement, or the sum of fifty thousand dollars and no cents ($50,000.00), whichever is less. Recoverable damages shall be
limited to those that are direct damages. Engineer shall not be responsible for or held liable for special, indirect or
consequential losses or damages, including but not limited to loss of use of equipment or facility, and loss of profits or
revenue.
Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or
omission of any director, officer, or employee of Engineer, in the execution or performance of the Agreement, shall be made
against Engineer and not against such director, officer, or employee.
L. Documents and Data
1. All documents prepared or furnished by Engineer under the Agreement are Engineer’s instruments of service, and are
and shall remain the property of Engineer.
2. Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format. Client
recognizes that data provided in electronic format can be corrupted or modified by the Client or others, unintentionally or
otherwise. Consequently, the use of any data, conclusions or information obtained or derived from electronic media
provided by Engineer will be at the Client’s sole risk and without any liability, risk or legal exposure to Engineer, its
employees, officers or consultants.
page 2 of 3
R:\Draft Specifications and Documents\Final P&N Agreements 2015-06-24\Standard Terms and Conditions - Public Entities.docx
(updated September 15, 2017)
3. Any extrapolations, conclusions or assumptions derived by the Client or others from the data provided to the Client,
either in hard copy or electronic format, will be at the Client’s sole risk and full legal responsibility.
M. Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test
locations used by Engineer as the basis of its design. Consequently, Engineer does not guarantee or warrant that actual site
conditions will not vary from those used as the basis of Engineer’s design, interpretations and recommendations. Engineer is
not responsible for any costs or delays attributable to differing site conditions. .
N. Terms of Payment - Unless alternate terms are included in the Agreement, Client will be invoiced on a monthly basis until
the completion of the Project. All monthly invoices are payable within 30 days of the date of the invoice. Should full
payment of any invoice not be received within 30 days, the amount due shall bear a service charge of 1.5 percent per month
or 18 percent per year plus the cost of collection, including reasonable attorney’s fees. If Client has any objections to any
invoice submitted by Engineer, Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice.
Unless otherwise agreed, Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of
service performance. Outside costs such as, but not limited to, equipment, meals, lodging, fees, and subconsultants shall be
actual costs plus 10 percent. In addition to any other remedies Engineer may have, Engineer shall have the absolute right to
cease performing any services in the event payment has not been made on a current basis.
O. Termination - Either party may terminate services, either in part or in whole, by providing 10 calendar days written notice
thereof to the other party. In such an event, Client shall pay Engineer for all services performed prior to receipt of such
notice of termination, including reimbursable expenses, and for any shut–down costs incurred. Shut–down costs may, at
Engineer’s discretion, include expenses incurred for completion of analysis and records necessary to document Engineer’s
files and to protect its professional reputation.
P. Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under
any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon
Client and P&N, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a
valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Non-
enforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the
enforceability of that provision or of the remainder of the Agreement.
Q. Dispute Resolution - If a dispute arises between the parties relating to the Agreement, the parties agree to use the following
procedure prior to either party pursuing other available remedies:
1. Prior to commencing a lawsuit, the parties must attempt mediation to resolve any dispute. The parties will jointly appoint
a mutually acceptable person not affiliated with either of the parties to act as mediator. If the parties are unable to agree
on the mediator within twenty (20) calendar days, they shall seek assistance in such regard from the Circuit Court of the
State and County wherein the Project is located, who shall appoint a mediator. Each party shall be responsible for paying
all costs and expenses incurred by it, but shall split equally the fees and expenses of the mediator. The mediation shall
proceed in accordance with the procedures established by the mediator.
2. The parties shall pursue mediation in good faith and in a timely manner. In the event the mediation does not result in
resolution of the dispute within thirty (30) calendar days, then, upon seven (7) calendar days’ written notice to the other
party, either party may pursue any other available remedy.
3. In the event of any litigation arising from the Agreement, including without limitation any action to enforce or interpret
any terms or conditions or performance of services under the Agreement, Engineer and Client agree that such action will
be brought in the District or Circuit Court for the County of Kent, State of Michigan (or, if the federal courts have
exclusive jurisdiction over the subject matter of the dispute, in the U.S. District Court for the Western District of
Michigan), and the parties hereby submit to the exclusive jurisdiction of said court.
R. Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called
for under the Agreement resulting from any cause beyond Engineer’s reasonable control.
S. Assignment - Neither party shall assign its rights, interests or obligations under this Agreement without the express written
consent of the other party.
T. Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is
sought to be enforced.
U. Survival - All express representations, indemnifications, or limitations of liability included in the Agreement shall survive
its completion or termination for any reason.
V. Third-Party Beneficiary – Client and Engineer agree that it is not intended that any provision of this Agreement establishes
a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party.
page 3 of 3
R:\Draft Specifications and Documents\Final P&N Agreements 2015-06-24\Standard Terms and Conditions - Public Entities.docx
(updated September 15, 2017)
Current Fee Schedule
Prein&Newhof bills for each hour spent on a project at the hourly rate of the employees assigned.
Mileage is charged at $0.60 per mile. Direct expenses and sub-consultant costs are billed at invoice
plus a 10% handling charge.
Identified below are the hourly rates for various employee classifications:
Hourly
Employee Classification Billing Rate*
Senior Consultant $182
Senior Project Manager II $168
Senior Project Manager $154
Project Manager, Senior Engineer III, Landscape Architect III, Senior $141
Technician V
Senior Engineer II, Geologist, Airport Planner, Lab Manager, Senior $132
Technician IV
Senior Engineer, Landscape Architect II, Surveyor II, Senior Technician III $124
Engineer II, Senior Technician II, Senior Office Technician $116
Engineer, Surveyor, Senior Construction Observer, Senior Technician $107
Landscape Architect, Construction Observer II, Technician IV $98
Construction Observer, Technician III, Lab Technician, Office Technician $90
Technician II $79
Technician $67
*Hourly rates are typically adjusted yearly.
NOTE: Includes overhead, fringe benefits and profit; effective January, 2022.
Prein&Newhof
Professional Hours Worksheet
City of Muskegon - SRF/DWRF
Sen. PM Sen. PM Sen. PM PM Sen Eng Eng. CADD/GIS Observer Sen Eng Eng II Survey Expense
Staff Member Mileage Total Cost
Marczak Prein Hulst Malek Staff Staff TBD Tezak TBD Staff Item Cost
Preliminary Design
TAP Grant 15 15 10 24 $8,600
Preliminary Engineering 2 $300
Program App 2 $300
NEPA Documentation 2 1 12 $1,500 $3,500
Grade Inspection 2 2 $500
Review Meeting 2 2 2 35 $900
Preliminary Subtotals 2 0 17 24 0 2 10 0 0 38 0 $1,500 35 $14,100
Design
NMP Design Laketon to Apple 2 105 20 $17,400
MOT Phasing 10 2 $1,600
NMP Design Apple to Shoreline 1 108 10 $16,500
Railroad ROW Permit 2 10 16 $3,800
Shoreline Signal Improvements 1 47 38 $10,400
MDOT ROW Permit 1 10 $1,400
SESC Permit Application 1 1 $300
Special Provisions 1 10 $1,300
Electrical Scoping 1 $2,500.00 15 $2,900
Meeting w/ Client (2) 3 3 35 $800
Cost Estimate 1 5 $700
QA/QC 2 2 2 2 2 $1,700
Design Subtotals 2 2 0 16 20 0 241 0 47 91 0 $2,500 50 $58,800
Bid Phase
Bid Phase Subtotals 0 0 0 0 0 0 0 0 0 0 0 $0 0 $0
Construction Engineering Services
NMP
Preconstruction Meeting and Minutes 3 3 20 $800
Preconstruction Video (2 hours ) 2 10 $200
Construction Staking 33 $6,100
Construction Staking NMP 33 $6,100
NMP CO (2 weeks, 10 days) 90 100 $8,300
Sanford CO (8 weeks, 40 days) 360 Misc. Test. $5,000 350 $38,800
Project Administration 4 8 40 $6,800
Respond to RFIs 2 5 $900
Change Orders (3 per contract) 1 9 $1,300
Pay Apps (5) 1 12 $1,600
Progress Meetings (monthly per contract) 2 4 20 $800
Punch List Visits (3) 2 2 5 20 $1,000
Record Plans/Closeout 5 35 5 $5,800
2024 Rates (+6.0%) $7,300
Construction Engineering Subtotals 4 0 0 24 110 0 5 457 0 0 66 $5,000 520 $85,800
Project Grand Total 8 2 17 64 130 2 256 457 47 129 66 $9,000 605 $158,700
Page 1 of 1
LAKETON
pole
LARCH
pole pole
pole
SOUTHERN
FOREST
DALE
pole
SOUTHERN
pole, can pole
pole
work around pole, can pole pole pole
this one work around pole
WASHINGTON
pole pole
this one pole pole
pole pole
GRAND
MORRALL
MONROE N
1"=60'
extends to apple
pole
This is very preliminary off of aerial mapping. ROW is
approximate. NMP would be placed 1 to 2 ft off of ROW
line on east side. West side sidewalk will stay at its
pole current location. No apparent conflicts with poles on the
MERRILL
west side. There are four poles north of Houston that
are an issue. The first four poles south of Apple
HOUSTON
STRONG
including the pole with the signal on it. The two at
hamilton (3rd and 4th south of apple)I think are very
close to working but need survey to determine.
CITY OF MUSKEGON / ENGINEERING DEPARTMENT General Notes
PRELIMINARY PROJECT COST ESTIMATE Project Length = 1.54 Miles (8,130 FT) including 21 Street Crossings
Estimated By: Leo Evans (2021-08-31) Project Design = 10 FT Wide HMA Trail, 3" HMA over 6" Aggregate Base
Project Number: TBD Traffic Control = Minimal Impact
Project Location: Laketon - Lakeshore Trail Connector Permanent Signs & Pavement Markings = Medium Impact
Project Description: New seperated path construction Prevailing Wage = Yes, Packaged with SRF/DWRF work on Sanford
Target Construction Year = 2023
Line Item Pay Code Description Units Quantity Unit Price Total Notes
1 1500001 Mobilization, Max (10% of Project Total) LSUM 1 $ 75,000.00 $ 75,000.00 Estimated @ $75,000, Approximately 10% of Pre-LSUM Total
2 2040020 Curb and Gutter, Rem Ft 1050 $ 8.00 $ 8,400.00 Estimated 25 FT Per quadrant x 2 Quadrants per Intersection x 21 Intersections
3 2040055 Sidewalk, Rem Syd 467 $ 10.00 $ 4,670.00 Estimated 11.1 SYD Per quadrant x 2 Quadrants per Intersection x 21 Intersections
4 208XXXXX Erosion Control (LSUM Estimate - 1% of Project Total) LSUM 1 $ 7,500.00 $ 7,500.00 Estimated @ $7,500, Approximately 1% of Pre-LSUM Total
5 8030010 Detectable Warning Surface Ft 420 $ 35.00 $ 14,700.00 Estimated 10 FT per quadrant x 2 quadrants per Intersection x 21 Intersections
6 8030036 Sidewalk Ramp, Conc, 6 inch Sft 4200 $ 10.00 $ 42,000.00 Estimated 100 SFT per quadrant x 2 quadrants per intersection x 21 Intersections
7 8060010 Shared Use Path, Aggregate Ton 3300 $ 40.00 $ 132,000.00 Estimated (135 LBS/CFT) x 12 FT wide x 8,130 FT long x 0.5 FT deep x (1 Ton / 2000 LBS) + Rounding
8 8060030 Shared Use Path, Grading Ft 8130 $ 20.00 $ 162,600.00 Length of Project
9 8060040 Shared Use Path, HMA Ton 2000 $ 140.00 $ 280,000.00 Estimated 10 FT x 8,130 FT X (1 SYD / 9 SFT) x (440 LBS / SYD) x (1 Ton / 2000 LBS) + Rounding
10 811XXXX Permanent Traffic Control (LSUM Estimate - 3% of Project Total / Medium) LSUM 1 $ 22,500.00 $ 22,500.00 Estimated @ $22,500, Approximately 3% of Pre-LSUM Total
11 812XXXX Temporary Traffic Control (LSUM Estimate - 2% of Project Total / Minimal) LSUM 1 15000 $ 15,000.00 Estimated @ $15,000, Approximately 2% of Pre-LSUM Total
12 816XXXX Site Restoration Syd 18100 $ 5.00 $ 90,500.00 Estimated 20 FT x 8,130 FT x (1 SYD / 9 SFT) + Rounding
TRAIL BID PACKAGE SUBTOTAL $ 854,870.00
Line Item Pay Code Description Units Quantity Unit Price Total Notes
13 N/A Inflation (10% = 5% / Year x 2 Years) LSUM 1 $ 90,000.00 $ 90,000.00 Estimated @ $90,000 (Approximately 10% of Post Bid LSUM Items)
14 N/A Contingency (10%) LSUM 1 $ 90,000.00 $ 90,000.00 Estimated @ $90,000 (Approximately 10% of Post Bid LSUM Items)
15 N/A Engineering (15%) LSUM 1 $ 135,000.00 $ 135,000.00 Estimated @ $135,000 (Approximately 15% of Post Bid LSUM Items)
TRAIL SOFT COSTS SUBTOTAL $ 315,000.00
Line Item Pay Code Description Units Quantity Unit Price Total Notes
16 N/A Landscaping (5%) LSUM 1 $ 45,000.00 $ 45,000.00
18 N/A Kiosk & Informational Signing LSUM 1 $ 50,000.00 $ 50,000.00
19 N/A Trail Lighting LSUM 1 $ 500,000.00 $ 500,000.00 Based on scaled version of system being installed on Laketon Trail between Peck & 7th.
OPTIONAL ADD ONS $ 595,000.00
PROJECT TOTAL $ 1,764,870.00
Bid Tabulation 1 of 1
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 11th, 2022 Title: Prein & Newhoff – Sanford Street
Engineering Assistance Amendment
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is requesting authorization to approve Amendment #001 of the Professional Services Agreement
(PSA) with Prein & Newhof related to construction of a non-motorized pathway.
Detailed Summary:
This item pairs with another item on the agenda. See also the request for approval of a Professional
Services Agreement with Prein & Newhof for the Laketon/Lakeshore Trail Connector. The detailed
information can be found under that item.
Amount Requested: -$61,000 Amount Budgeted: $400,000
(FY21/22, 22/23 & 23/24) (FY 21/22 – Ref. 9/14/21 Comm. Agenda)
Fund(s) or Account(s): 590/591 Fund(s) or Account(s): 590/591
Recommended Motion:
Authorize staff to sign the amendment to the professional services agreement with Prein & Newhof related to
removing the non-motorized pathway work from the Sanford Street 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:
Project No. 2211000
Professional Services Agreement Amendment
Amendment Number : 1
Project Name: SRF/DWRF Project – Sanford and Hadden Streets
P&N Representative: Barbara E. Marczak, P.E.
Client: City of Muskegon
Client Representative: Leo Evans, P.E.
AGREEMENT: The Agreement Amendment modifies the original agreement for professional services dated:
August 30, 2021
Client hereby requests and authorizes a change in services in accordance with the following:
SCOPE OF SERVICES MODIFICATION:
Reduced Design and Construction phase services per letter dated December 23, 2021 (attached).
SCHEDULE OF SERVICES MODIFICATION:
NA
BUDGET MODIFICATION:
$61,000 decrease. Revised budget will be $800,200.00.
METHOD OF COMPENSATION:
☐ Lump Sum for Defined Scope of Services
☒ Hourly Billing Rates plus Reimbursable Expenses
☐ Other:
ADDITIONAL PROVISIONS (IF ANY):
None.
Prepared by: Accepted for:
Prein&Newhof, Inc. City of Muskegon
By: By:
Print Name: Jason Washler, P.E. Print Name: Leo Evans, P.E.
Title: Vice President Title: Director of Public Works
Date: Date:
3355 Evergreen Drive, NE Grand Rapids, MI 49525 t.616-364-8491 f. 616-364-6955 www.preinnewhof.com
Template date: October 28, 2015 Page 1 of 1 \\grfileserver\shared\2021\2211000 City of Muskegon\PRM\PSA amendment 1 2021-12-23.docx
December 23, 2021
Mr. Leo Evans, P.E.
City of Muskegon
Department of Public Works
1350 Keating Avenue
Muskegon, MI 49442
Re: Professional Services Amendment 1
Removal of Non-Motorized Path from scope
Dear Mr. Evans:
We have reviewed your request to eliminate the design and construction phase services of the
proposed non-motorized path from this project. This request will not impact our topographic survey
and Geotech scopes for this project.
We have determined the fee reduction for the reduced scope is $61,000.00.
Please contact us if you have any questions.
Sincerely,
Prein&Newhof
Barbara E. Marczak, P.E.
Enclosures: Professional Services Amendment
S:\2021\2211000 City of Muskegon\PRM\PSA 2021-12-23 Evans NMP.doc
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 13th, 2021 Title: Traffic Control Order
Submitted By: Doug Sayles/Leo Evans Department: Traffic/Engineering
Brief Summary: Staff is requesting approval of Traffic Control Orders 72 and 73.
Detailed Summary:
Traffic Control Order #72 includes a new Stop sign on Diana Avenue at the approach to Ransom
Street. This is a tee-intersection that was previously uncontrolled.
Traffic Control Order #73 includes placement of Yield signs on Robinson Avenue at the approach
to Palmer Street. This a 4-leg intersection that was previously uncontrolled.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve traffic control orders #72 and #73 and authorize staff to make
the necessary signing changes.
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
Traffic Control Order
No. 72-(2021)
The following regulatory sign(s) shall be Installed/Removed at/from the location(s) specified
below under location in accordance with the Michigan Manual of Uniform Traffic Control.
Device/Regulatory Sign(s) to be Installed/Removed: Installation of “Stop Sign” on the
Northeast corner of Diana Avenue @ Ransom Street.
Location: Diana Avenue @ Williams Street.
Recommendation:
________________________________ Date: ______/______/______
Director of Public Works
________________________________ Date: ______/______/______
Police Chief
________________________________ Date: ______/______/______
City Manager
Commission Approval (required for Permanent TCO only):
______ __________ Date: _____/_____/___ __
Commission Action #
Installation/removal
Date assigned: _____/_____/_____ By: ___________________________
Traffic Supervisor
Date completed: _____/_____/_____ By: ___________________________
Traffic Department Employee
Temporary; does not require Commission Action, good for 90-days from
Installation/Removal Date.
Permanent; requires Commission Action
City of Muskegon
Traffic Control Order
No. 73-(2021)
The following regulatory sign(s) shall be Installed/Removed at/from the location(s) specified
below under location in accordance with the Michigan Manual of Uniform Traffic Control.
Device/Regulatory Sign(s) to be Installed/Removed: Installation of “Yield Signs” on the
Northeast and Southwest corners of Robinson Street @ Palmer Avenue.
Location: Robinson Street @ Palmer Avenue.
Recommendation:
________________________________ Date: ______/______/______
Director of Public Works
________________________________ Date: ______/______/______
Police Chief
________________________________ Date: ______/______/______
City Manager
Commission Approval (required for Permanent TCO only):
______ __________ Date: _____/_____/___ __
Commission Action #
Installation/removal
Date assigned: _____/_____/_____ By: ___________________________
Traffic Supervisor
Date completed: _____/_____/_____ By: ___________________________
Traffic Department Employee
Temporary; does not require Commission Action, good for 90-days from
Installation/Removal Date.
Permanent; requires Commission Action
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 11, 2022 Title: 2021-2022 School Resource
Officer Agreement
Submitted By: Director Jeffrey Lewis Department: Public Safety
Brief Summary: School Resource Officer Agreement
Detailed Summary: Review and approve the School Resource Officer Agreement proposed for
employment of one Muskegon Police Department officer for the 2021-2022 school year. This agreement
includes a 3% increase from 2021, for a total of $24,916.73 paid to the City of Muskegon between
September 2021 and June 2022.
Amount Requested: NA Amount Budgeted: NA
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve contract with Muskegon High School for the 2021-2022 School
Resource Officer Agreement.
Check if the following Departments need to approve the item first:
Police Dept. X
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
COMMUNITY OFFICER & MUSKEGON PUBLIC SCHOOLS
(Commission Action No.)
AGREEMENT
2021-2022
This Agreement is effective August 26, 2021 through June 10, 2022, between the
City of Muskegon, a Michigan municipal corporation, of 933 Terrace Street,
Muskegon, Michigan 49440 ("City"), and Muskegon Public Schools, of 1458 Fifth
St., Muskegon, Michigan, 49441 ("MPS"), with reference to the following facts:
Background
A. City and MPS have determined that it is in each of their best interests to
continue police services at the Muskegon High School ("MHS") and Muskegon
Middle School.
B. City has agreed to provide a police officer to be on patrol at MHS and the
Muskegon Middle School. At all times the officer assigned to work at MHS and
Muskegon Middle School shall be a City police officer and, as such an employee of
the City. Duties will be decided between mutual parties. However, it is agreed that a
component of the role is to help establish a positive, safe learning environment at
MHS and Muskegon Middle School and develop positive relationships with the
student body.
C. MPS has agreed to pay the City a flat rate according to nine (9) months of
service. The community officer will report to the MHS and Muskegon Middle
School principal.
It is therefore agreed:
1. Officer. City shall provide a police officer to be on patrol at MHS and
Muskegon Middle School during the published academic calendar year,
commencing August 26, 2021 (which shall not include any published vacation
days or summer school sessions. i.e. Christmas break, mid-winter break,
Thanksgiving break, Professional Development days, Good Friday, or Memorial
Day). The officer shall be present at MHS and Muskegon Middle School during
hours which are mutually agreeable between the City and MPS.
2. Payment. MPS shall pay $2,687.82 on the first of EACH MONTH, as
invoiced, commencing September 1, 2021 through June 30, 2022. Total payment
will not exceed $24,916.73
3. Term: Termination. The term of this Agreement shall be for one year
from August 26, 2021 through June 10, 2021, and may be renewed annually by
mutual agreement. This Agreement may be terminated before the end of its term by
subsequent written agreement, which shall be signed by both parties.
4. Venue. The parties agree that for purposes of any dispute in connection
with this agreement, the Muskegon County Court shall have exclusive jurisdiction
and venue.
Muskegon Public Schools City of Muskegon
By:
Name: Ken Johnson
Title: Mayor
Date:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 11, 2022 Title: Sale – 1461 Nolan Ave.
Submitted By: Hope Griffith Department: Planning Department
Brief Summary: City staff is seeking authorization to sell the City owned vacant lot at 1461 Nolan
Ave. to Aleschia Loughridge.
Detailed Summary: Ms. Loughridge would like to purchase the City owned buildable lot at 1461
Nolan Ave. for $3,675 (75% of the True Cash Value of $4,900) plus half of the closing costs and
the fee to register the deed. Ms. Loughridge will be constructing a single-family home on the
property.
Amount Requested: None. Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Authorize the Code Coordinator to complete the sale of 1461 Nolan Ave.,
as described in the attached purchase agreement and to have the Mayor and Clerk sign the deed.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made January ___, 2022 (“Effective Date”), by and between the
CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon,
Michigan 49440 ("Seller"), and Aleschia Loughridge, of 2140 Harding Ave, Muskegon, MI
49441 ("Buyer").
1. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, the 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, located in the City of
Muskegon, Muskegon County, Michigan ("Premises"), and specifically described as:
SEE ATTACHMENT A
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 Three Thousand Six Hundred Seventy-Five and no/100 Dollars ($3,675), payable in
cash, money order, bank certified check at the closing.
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 Buyer, on or before the closing date, 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 Buyer closes on the Premises, any objections to the title are
deemed waived. 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 on the
premises one (1) single-family home, up to all codes, within eighteen (18) months of the closing
of this transaction. The home shall be substantially completed within eighteen (18) months and,
in the event said substantial completion has not occurred, or the restriction of this paragraph
relating to tree removal is violated, in the sole judgment of the City, the property and all
improvements then installed shall revert in title to the City, without any compensation or credit
to Buyer, and free of all liens. The covenants in this paragraph shall survive the closing and run
with the land.
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 on or before 90 days after the
Effective Date ("Closing"). The Closing shall be conducted at Transnation Title Insurance
Company, 570 Seminole Road, Ste. 102, Muskegon, MI 49444. If necessary, the parties shall
execute an IRS closing report at the Closing.
9. Delivery of Deed. Seller shall execute and deliver a warranty 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 as well
as half of 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 on the date written below
their names, to be effective as of the day and year first above written.
WITNESSES: SELLER: CITY OF MUSKEGON
_______________________________ By_____________________________________
Ken Johnson, Mayor
Date: __________________
_______________________________ By ____________________________________
Ann Marie Meisch, MMC, Clerk
Date: __________________
BUYER: Aleschia Loughridge
________________________________ _____________________________________
Witness Name:____________________
Date: __________________
________________________________
ATTACHMENT A
CITY OF MUSKEGON REVISED PLAT OF 1903 BLOCK 543 THAT PART OF LOT 7
DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF SAID
LOT 7 THEN SOUTH 39D 46M 55S WEST ALONG SOUTHEASTERLY RIGHT-OF-WAY
OF NOLAN STREET A DISTANCE OF 142 FEET TO POINT OF BEGINNING THEN
SOUTH 50D 18M 40S EAST ALONG A FOUND MONUMENTED LINE A DISTANCE OF
140 FEET THEN SOUTH 39D 46M 55S WEST A DISTANCE OF 79.95 FEET THEN NORTH
50D 18M 40S WEST A DISTANCE OF 140 FEET TO THE SOUTHEASTERLY LINE OF
NOLAN STREET THEN NORTH 39D 46M 55S EAST ALONG SOUTHEREASTERLY
RIGHT-OF-WAY OF NOLAN STREET A DISTANCE OF 79.95 TO POINT OF BEGINNING
SAID PARCEL CONTAINS 11,142 SQUARE FEET & IS TOGETHER WITH AND SUBJECT
TO ANY EASEMENTS OR RESERVATIONS OF RECORD OR APPARENT THEREOF.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 1/11/2022 Title: 1095 Third Street RFP Response
Submitted By: Jake Eckholm Department: Economic Development
Brief Summary: Catholic Charities is in the final stages of relocating from their former offices at
1095 Third Street to their new location. The department has received one response for the
Request for Proposals that was approved by commission, and seeks commission approval to
move forward with the developer in drafting a Purchase and Development Agreement.
Detailed Summary:
Over the last several months the City’s Economic Development team has showed the former
Catholic Charities site to a number of both local and regional potential developers. In the end, one
developer, Suburban Property LLC, replied with a well composed and feasible development
proposal. This developer has been working for some time on getting into the market in the
Muskegon area, and has brought on well-regarded and credentialed architects and contractors.
Staff has reviewed the proposal, and supports the program it contains for phased redevelopment
of all three lots. The first phase would include the adaptive reuse of the existing building, with all
three floors of the structure being used for market-rate apartments. The next phase would 8 two-
story townhomes along Houston, and finally a 3-4 story mixed use building on the corner of
Muskegon and Third.
Amount Requested: $0 Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: A motion to name Suburban Property, LLC the Preferred Developer for the
City-owned property at 1095 Third Street, and to direct staff to draft a purchase and development
agreement for commission consideration.
For City Clerk Use Only:
Commission Action:
Suburban Property, LLC, Integrated Architecture,
and Erhardt Construction
CITY OF MUSKEGON, MICHIGAN
1095 THIRD STREET
REDEVELOPMENT PROJEC T
RFP RESPONSE
G R A N D R A P I D S , M I C H I G A N | I N TA R C H . CO M ADA, MICHIGAN | ERHARDTCC.COM
2 1095 Third Street Redevelopment Project
OCTOBER 22, 2021
ATTN: ANN MEISCH, CITY CLERK
[email protected]
933 TERRACE STREET
MUSKEGON, MI 49440
Dear Ms. Meisch,
Our project team is pleased to present our response to your RFP for the redevelopment of 1095 Third
Street. My name is Shaun Burket and I will be the primary contact for our development team as we work
through the selection process. My contact information is provided at this bottom of this transmittal. Our
project team is comprised of the following:
• Shaun Burket, Project Developer
• Michael Corby, Integrated Architecture
• Ryan Formsma, Erhardt Construction
Our team is focused on providing attainable workforce housing in West Michigan communities and are
confident that 1095 Third can be a vibrant housing opportunity in the City!
We are grateful for the opportunity to work with you and your team in Muskegon.
Respectfully,
Shaun Burket Mike Corby, FAIA LEED-AP Ryan Formsma
Developer & Lead Entity President Vice President of Business Development
Representative Integrated Architecture Erhardt Construction
Suburban Property, LLC (616) 574-0220 (616) 825-2908
(616) 291-1768 [email protected] [email protected]
[email protected]
We serve our clients, employees,
and community by turning visions
into reality.
We listen, we engage, and we
deliver. The result is a distinctive
construction, design, and
development experience.
08
qualifications & experience
24
proposed development
vision & program
38
conceptual financial
structure/stability
The Hendrik
Apartment Building
(Integrated Architecture)
CO M PA N Y O V E R V I E W S
6 1095 Third Street Redevelopment Project
introduction to the company & team
SUBURBAN PROPERTY, LLC | DEVELOPER & LEAD ENTITY REPRESENTATIVE
Shaun Burket
Ada, MI
Shaun has over 20 years of experience in acquisition, rehab, leasing, and property management. Since
2001, his firm has been responsible for managing over 25 properties in the West Michigan area. His
expertise ranges from single family homes to large, urban apartment complexes.
INTEGRATED ARCHITECTURE | ARCHITECT
Mike Corby, FAIA, LEED-AP and President
840 Ottawa Ave. NW | Grand Rapids, MI 49503
Integrated Architecture is a full service architecture firm that leads by design, aligning people and
place with ideas and industry. We blend our knowledge of design with our understanding of how
environments can shape behaviors and outcomes to create solutions for clients that respect the
human impact of their life and work. By integrating architectural design, engineering, interior design,
and landscape design services we create whole solutions that encompass human-centered design,
solve real problems, and make lives better.
ERHARDT CONSTRUCTION | GENERAL CONTRACTOR
Ryan Formsma, Vice President of Business Development
6060 Fulton St. East | Ada, MI 49301
Erhardt Construction is a general contractor, construction management, and design/build firm
headquartered in West Michigan. Erhardt provides construction and facility solution services to
commercial, residential, education, worship, municipal ,and health care clients. We place strong
emphasis on providing value and detail to every project we construct. The strength of our people, our
professionalism, and our unique project management enable us to make an immediate and significant
contribution to any construction project. Erhardt prides itself on serving its clients, employees and
community by turning visions into a reality.
ERHARDTCC.COM | INTARCH.COM 7
Q U A L I F I C AT I O N S & E X P E R I E N C E
East Grand Rapids
High-End Residence
(Erhardt Construction)
8 1095 Third Street Redevelopment Project
SECTION I: QUALIFICATIONS AND EXPERIENCE
SHAUN BURKET
Developer & Lead Entity Representative
Project role includes all development responsibilities for the Muskegon Redevelopment.
Shaun has over 20 years of experience in acquisition, rehab, leasing, and property management.
Since 2001, his firm has been responsible for managing over 25 properties in the West Michigan
area. His expertise ranges from single family homes to large, urban apartment complexes. In
2010, Shaun purchased a property in Muskegon and quickly fell in love with the spirit of the
community and the endless possibilities that the lakeshore has to offer. This redevelopment
project would be the first for Shaun in the downtown Muskegon area and he looks forward to
having a hand in shaping the downtown landscape.
CAREER EXPERIENCE
• Property Management for over 25 Properties in Grand Rapids, MI
• Development Property, Muskegon, MI
• Private Residence, Muskegon, MI
Education • Private Residence, Muskegon, MI
Bachelor of Finance • Private Lakeshore Residence, Muskegon, MI
Marquette University • Private Lakeshore Residence, Muskegon, MI
• Private Lakeshore Residence, Muskegon, MI
Masters of Business Administration • Private Lakeshore Residence, Muskegon, MI
Grand Valley State University
Professional Activities
• President of Suburban
Landscapes, an outdoor
construction and earth work firm
located in Ada, MI
ERHARDTCC.COM | INTARCH.COM 9
SECTION I: QUALIFICATIONS AND EXPERIENCE
MIKE CORBY, FAIA, LEED-AP
President & Managing Partner
Project role includes all design responsibilities for the Muskegon Redevelopment.
Mike Corby infuses design with practicality to create environments that respond to each client’s
unique needs. One of Michigan’s first LEED-accredited architects, Mike is a leader in sustainable
design and has redefined luxury to include abundant natural light, fresh air, people-centered
space, and environmentally friendly materials. Under his guidance, IA has garnered three inter-
national, 10 national and 49 regional / local design awards, including the 2006 AIA MI Firm of
the Year.
CAREER EXPERIENCE
• Studio Park, Grand Rapids, MI
123 Tavern
The Listening Room
Celebration Cinema
Studio Park Lofts
Studio Parking
• 616 Lofts, Grand Rapids, MI
Education Lofts on Monroe
Bachelor of Science & Master of Lofts on Alabama
Architecture Lofts on Michigan
University of Michigan
• Bridge and Stocking Mixed-Use Development, Multi-Story Retail, and Residential, Grand
Rapids, Michigan
• Freyling Mendels Mixed-Use Development, Grand Rapids, Michigan
Registrations/Certifications • Studio Park Mixed-Use Development,Grand Rapids, Michigan
• Registered Architect - State of
• Michigan Street Demonstration Project, Grand Rapids, Michigan
Michigan, Alabama, Arizona,
Colorado, Connecticut, Florida, • Elkenburg Redevelopment, South Haven, Michigan
Georgia, Illinois, Indiana, Kansas, • Traverse City Rotary Square, Traverse City, Michigan
Kentucky, Louisiana, Maryland, • 234 Market Mixed-Use Development, Grand Rapids, Michigan
Massachusetts, Minnesota, • The Rowe Mixed-Use Development, Grand Rapids, Michigan
Missouri, New Jersey, New • Gordon Food Service Corporate Headquarters LEED Silver, Wyoming, Michigan
Mexico, New York, N. Carolina, • Consumers Energy John G. Russell Leadership Center LEED Certified, Grand Rapids,
Ohio, Oregon, Pennsylvania, Michigan
S. Dakota, Tennessee, Virginia,
• Herman Miller Master Plan, Zeeland, Michigan
Washington DC, Wisconsin
• Meijer Corporate Headquarters, Walker, Michigan
• Whirlpool Benton Harbor Tech Center, Benton Harbor, Michigan
Professional Activities
• National Council of Architectural
Registration Board
10 1095 Third Street Redevelopment Project
DARREL DEHAAN, AIA
Director of Architecture, Senior Associate
Project role includes Project Management for the Muskegon Redevelopment.
Darrel joined Integrated Architecture’s project management team in 2010 and offers well-
grounded, diverse experience. Darrel’s industry knowledge runs deep in his DNA, as his father
is a retired civil engineer. Growing up in the industry, Darrel innately understands the key
elements of project management. His responsiveness, keen sense of client understanding,
and knack for facilitating complete collaboration is a trademark of his work. Darrel’s project
history includes more than $800 million worth of construction with responsibilities ranging
from design to project architecture and management.
CAREER EXPERIENCE
• The Rowe Mixed-Use Development, Grand Rapids, MI
• The Morton Mixed-Use Development, Grand Rapids, MI
• 601 West Mixed-Use Development, Grand Rapids, MI
• 234 Market Mixed-Use Development, Grand Rapids, MI
Education • D.A. Blodgett St. Johns, Grand Rapids, MI
Master of Architecture • Calvary Church Renovation & Addition, Holland, MI
Bachelor of Science
• The Stow Company Headquarters, Holland, MI
Lawrence Technological University
• Keystone Community Church, Grand Rapids, MI
• Western Michigan University College of Aviation Renovation & Expansion, Battle Creek, MI
• West Michigan Aviation Academy, Grand Rapids, MI
Registrations/Certifications • Amway Aviation Complex, Grand Rapids, MI
• Registered Architect - State of
Michigan • Cardinal Senior Management, Grand Rapids & Holland, MI
• Oliver Healthcare Packaging, Grand Rapids, MI
• The Potters School House, Grand Rapids, MI
• Whirlpool Kindercare Child Development Center, Benton Harbor, MI
• Whirlpool Tech Center, Benton Harbor, MI
• Commercial Tool & Die, Comstock Park, MI
• Herman Miller Mainsite, Zeeland, MI
• ADAC Automotive Corporate HQ, Grand Rapids, MI
• Early Advantage Childcare, Holland, MI
• Forty Pearl Tasting Room, Grand Rapids, MI
ERHARDTCC.COM | INTARCH.COM 11
SECTION I: QUALIFICATIONS AND EXPERIENCE
RYAN FORMSMA
Vice President of Business Development
Project role includes all construction responsibilities for the Muskegon Redevelopment.
Ryan is a results-driven leader with a 25+ year record of achievements and demonstrated
successes, driving multi-million dollar projects while providing visionary product differentiation
in a highly competitive market. Well-versed in all aspects of project management, including
managing multiple accounts, negotiating contract terms, purchasing, accounts payable/
receivable and customer service. Strong leader who trains and motivates individuals to their
peak performance.
DUTIES
Assists clients with interior and exterior design, layout planning and value engineering.
Responsible for pre-construction, project management, safety evaluations, purchasing
negotiations, project bidding, scheduling, invoicing, quarterly audits, necessary insurance and
licensing and close-out documentation.
Education
Bachelor of Applied Science CAREER EXPERIENCE
Davenport University • Holland Home - Breton Homes, Kentwood, MI
• Cascade Hills Country Club Training Center, Cascade, MI
• Private Residence 1, Ada, MI
Years Experience • Private Residence 2, Ada, MI
28 total, 6 with Erhardt • Private Residence, Harbor Springs, MI
• Private Residence, East Grand Rapids, MI
Registrations/Certifications • Amy Van Andel Library and Community Center, Ada, MI
• MIOSHA 30-hour Certification
• St. Robert of Newminster Parish Rectory, Ada, MI
• Licensed Building - State of MI
• Associate Broker - State of MI • Villa in Oil Nut Bay, British Virgin Islands
• Regatta Drive Residence, Jupiter, FL
• St. John Paul II Catholic Church, Cedar Springs, MI
Organizations
• Board Member for SECOM Re- • City of Grand Rapids Water Treatment Plant Tunnel Rehabilitation, Grand Rapids, MI
source Center • City of Grand Rapids Water Filtration Plant Filter Rehabilitation, West Olive, MI
• Egypt Valley Country Club • City of Grand Rapids Water Filtration Plant Standby Power, West Olive, MI
Member • St. Robert of Newminster Parish Rectory, Ada, MI
• Volunteer for Junior • Hub International, Grand Rapids, MI
Achievement of the Michigan
Great Lakes • Nucraft Furniture, Grand Rapids, MI
• River Valley Credit Union, Ada, MI
• Roskam Baking, Multiple Projects, Kentwood, MI
• Universal Sign Systems, Grand Rapids, MI
• Founders Bank and Trust, Grand Rapids, MI
• First Community Bank, Grand Rapids, MI
• Macatawa Bay Yacht Club, Holland, MI
• Great Lakes Comnet, Holt, MI
• Ronald Blue Investments, Holland, MI
12 1095 Third Street Redevelopment Project
STAN ELENBAAS, LEED-AP
Vice President of Estimating
Project role includes all construction estimating responsibilities for the Muskegon
Redevelopment.
Stan has 34 years of estimating and construction management experience, the last 23 with
Erhardt Construction. Stan is responsible for estimating activities through all phases of pre-
construction and construction from the earliest through the final assembly of the Guaranteed
Maximum Price. Stan’s success with the accuracy of Erhardt’s early budget estimates has been
extremely helpful to owners who need to make informed decisions about the direction of the
design of their buildings.
CAREER EXPERIENCE
• Holland Home Cook Assisted Living, Kentwood, MI
• Holland Home Breton Terrace, Kentwood, MI
• Aquinas College Jarecki School of Advanced Learning, Grand Rapids, MI
• Aquinas College Wege Center Addition, Grand Rapids, MI
• Grand Valley State University AuSable Hall Addition, Allendale, MI
Years Experience • Grand Valley State University Recreation Center, Allendale, MI
34 total, 23 with Erhardt • Amy Van Andel Library and Community Center, Ada, MI
• Ray and Joan Kroc Community Center, Grand Rapids, MI
Registrations/Certifications • Ottawa County 58th District Court, Grand Rapids, MI
• U.S. Green Building Council
• LEED-Accredited Professional • City of Holland Police Facility, Holland, MI
• Amway Corporation World Headquarters, Ada, MI
• Amway Corporation Visitors Center, Corporate Board Room, and Customer Distribution
Professional Activities Center Offices, Ada, MI
• American Society of Professional
Estimators, West Michigan • Calvary Church, Grand Rapids, MI
Chapter – Former Chapter • Nucraft Furniture, Grand Rapids, MI
President • Roskam Baking, Multiple Projects, Kentwood, MI
• Construction Specifications • MMPC, Grand Rapids, MI
Institute
• Autocam, Kentwood and Marshall, MI
• American Society of Professional
Estimators • Power Line Supply Company, Reed City, MI
ERHARDTCC.COM | INTARCH.COM 13
SECTION I: QUALIFICATIONS AND EXPERIENCE
ARLEN-DEAN GADDY
Director of Market Strategy
Project role includes assisting the team in developing and maintaining community and
trade partnerships throughout the duration of the Muskegon Redevelopment.
Arlen has over 25 years of experience in Business Development, Sales Operations and Consumer
Affairs, previously serving as National Director of Business Development for Lambert & Co. and
Leader of Client Relations for Varnum Consulting. He is a thought leader with proven experience
creating successful community outreach, and perception conversion campaigns and initiatives
while working shoulder-to-shoulder with clients and executive teams. Arlen’s leadership
experience ranges from Fortune 50 companies to high-growth regional enterprises.
DUTIES
Arlen guides Erhardt’s vision for expansion across geographic and operational landscapes. His
role includes creating opportunities with potential partners to further demonstrate Erhardt’s
commitment to build lasting client focused relationships through superior service, high value
and consistent performance.
Education
B.B.A. Operations Management
The Ohio State University CAREER EXPERIENCE
Operations Management LAMBERT & CO.
Ferris State University
• Grand Rapids, Detroit, Lansing, New York City
• National Director of Business Development
Years Experience • Led New Client Relationships in: Crisis Communication, Investor Relations, Investor
28 total
Communications, Product Marketing.
Organizations
• Board of Directors, Make-A-Wish VARNUM CONSULTING (A DIVISION OF VARNUM LAW)
Michigan • Grand Rapids, Detroit
• Board Member, Ferris State
University • Leader of Client Relations
• Board Member of Directors, Inner • Built Client Relationships in the healthcare, automotive, and financial service industries.
City Christian Federation (ICCF)
• State Board of Directors, MI,
Fellowship of Christian Athletes AT&T
• Member, Rotary Club of Grand • Michigan and Indiana
Rapids
• Mentor, Ottawa Hills High School • Vice President of Sales - Outstate Michigan
• Held several leadership roles spanning a 20+ year career including: Directory
Operations, Regulatory Affairs, Consumer Affairs, Sales Operations.
14 1095 Third Street Redevelopment Project
Erhardt Construction Leadership
Team (left to right): Arlen-Dean
Gaddy, Stan Elenbaas, Ben
Wickstrom, Taggart Town, Ryan
Formsma.
Lofts on Michigan
(Integrated Architecture)
ERHARDTCC.COM | INTARCH.COM 15
SECTION I: QUALIFICATIONS AND EXPERIENCE
STUDIO PARK
Lo c ation: Gr and Rapids , Michigan
Size: Nine -S cre en Theater
20 0 -S eat Music Venue
1 2 Re s t aur ant s and Shops
93 3 Covere d Sp ot s
24 6 Lof t s and Condos
Proje c t Typ e: New Cons tr uc tion
Proje c t Cos t : $1 32 Million (Phas e
One) + $20 Million (Re sidential)
Complete d: 2019
The Studio Park project includes a nine-screen
theater, residential units, retail, office space and
a parking ramp. This transformational project in
downtown Grand Rapids is changing the shape
of the arena district. Countless meetings with a
variety of shareholders such as the developers,
residents, and the City of Grand Rapids have
resulted in an urban environment that will blend
entertainment, residential, and commercial in
the arena district.
16 1095 Third Street Redevelopment Project ERHARDTCC.COM | INTARCH.COM 17
SECTION I: QUALIFICATIONS AND EXPERIENCE
LOFTS ON ALABAMA
Lo c ation: Gr and Rapids , Michigan
Size: E xis ting : 6 7, 5 3 8 SF
New Cons tr uc tion: 5 3, 3 8 8 SF
Proje c t Typ e: Renovation
Proje c t Cos t : $18 Million
Complete d: 2016
Lofts on Alabama marries the old with the new.
Starting with the repurposing of the historic
Hyatt building, a carriage factory built in 1903
on Grand Rapids’ West side. The 104 year old
building was given a modern redesign while
maintaining the character of the original building
represented in every apartment. The historic
factory turned housing development is close to
downtown offering 61 studio, 1, 2, and 3 bedroom
apartments. The building features a rooftop deck
and underground parking.
The new construction features 39 studio, 1 and
2 bedroom apartments, a community room,
outdoor terrace with BBQ area, and shared deck.
18 1095 Third Street Redevelopment Project ERHARDTCC.COM | INTARCH.COM 19
SECTION I: QUALIFICATIONS AND EXPERIENCE
GVSU HOLTON-HOOKER
LIVING LEARNING
CENTER
Lo c ation: Allendale, Michigan
Size: 145,0 0 0 SF
Proje c t Typ e: New Cons tr uc tion
Proje c t Cos t : $ 3 3 Million
In April 2015, Erhardt began construction of a $33
million residence hall and academic building for
Grand Valley State University, a move that pro-
vided space for students seeking housing on the
Allendale campus. It primarily serves freshmen
students and is located near other residence halls
that also serve first-year students
The new housing facility accommodates 498
students in traditional-style bedroom units.
It also has study and lounge areas, laundry
facilities, game room, outdoor recreational space,
and light deli food service.
The building features an academic “living-learning
center,” that includes three classrooms, computer
lab, student interaction space, media room, and
faculty offices. The residence hall was completed
in August of 2016, ready to receive students for the
new academic school year.
20 1095 Third Street Redevelopment Project ERHARDTCC.COM | INTARCH.COM 21
SECTION I: QUALIFICATIONS AND EXPERIENCE
HOLLAND HOME SENIOR
LIVING - BRETON RIDGE
Lo c ation: Kent wo o d, Michigan
Size: 452,0 0 0 SF
Proje c t Typ e: New Cons tr uc tion
Proje c t Cos t : $ 36 Million
This extension of Holland Home’s Breton Terrace
campus includes a prestigious 7-story, 303,000 SF
facility constructed in two phases. Phase I includes
the construction of 123 resident condominiums,
underground parking, and campus community space.
With the construction of Phase II, an additional wing
provides 149,000 SF and 92 resident condominiums.
Community spaces include a chapel, exercise
room, dining facility, and a retail store where light
refreshments, such as ice cream or a cup of cappuccino
can be enjoyed. There is also a billiards room and a
library.
Extensive studies were conducted to determine the
extent of affordable amenities that could be supported
by the sales and revenue of the individual living units.
Through value engineering and pricing, additional living
units were designed as walkouts, lower level parking
was designed under only two of the three building
wings, and the balance of the parking requirements
were located adjacent to the facility and supplemented
by enclosed garages constructed at-grade.
22 1095 Third Street Redevelopment Project ERHARDTCC.COM | INTARCH.COM 23
Studio Park
Apartments & Entertainment
(Integrated Architecture)
24 1095 Third Street Redevelopment Project
PROPOSED DEVELOPMENT VISION & PROGRAM
ERHARDTCC.COM | INTARCH.COM 25
SECTION II: PROPOSED DEVELOPMENT VISION AND PROGRAM
DESIGN NARRATIVE FOR 1095 THIRD STREET
Our primary objective was to focus on a unique housing solution for the initial phase, which includes the repurposing of 1095
Third Street. This was crafted in the context of an overall redevelopment of the entire available parcel extending to Muskegon
to the north and along Houston to the west. Our goals, we feel, align with your stated objectives. These include:
• Creative and attainable urban living option, with emphasis on livability and convenience.
• Maximizing density in unique adaptive reuse concept
• Activating an otherwise inactive corner with 24 hours use
• Re-establishing the corridor edges on Houston and Third Street
SITE DESIGN
The site master plan serves to re-establish the open edges along Houston and Third Streets with architecture to complement
the existing two-story building that we will be converting to apartment uses.
To respond to the residential-scaled structures to the west on Houston, our plan includes eight two-story townhouses.
To the north, on Third Street/Muskegon corner, we envision a three to four-story mixed-use building with grade-level retail/
restaurant space and apartments above.
Drop off, and parking will be provided internal to the site with access from Third Street and from Houston. Currently, 48 on-site
parking spaces are planned in the master plan.
BUILDING DESIGN
Phase 1 of this project will be the adaptive reuse of what we will call 1095 Third, the existing two-story structure on the
corner of Third and Houston. The main and upper levels total approximately 26,400 square feet, and the building includes a
basement area of just under 26,00 square feet.
Our initial phase in the project was to get as much-needed housing as possible into 1095 Third. We chose to retain the existing
primary interior circulation elements (stair and elevator) and create a new primary entrance for residents on the northwest
corner, proximate to a proposed drop-off and the on-site parking area.
The main level is planned as (16) one-bedroom apartments and (1) studio for a total of 17 units. Most units will have in-unit
washers and dryers; however, to maximize livable space and stay efficient, many units will be able to use communal laundry
facilities. Each floor has accommodations for communal laundry, a small lounge space, and indoor secure bike storage.
Residents’ primary entry will be a new entry lobby on the northwest corner of the building proximate to the existing elevator
and stair and parking. This will include a small lobby with seating as well as a mail and package delivery room. A secure
secondary entry will also be provided on the Houston Street elevator.
The upper level is a very similar layout with (17) one-bedroom units and (1) studio for a total of (18) units. The same
accommodations will be provided on this level.
26 1095 Third Street Redevelopment Project
The basement level is currently planned with up to (12) units. (5) units are planned on the west side of the building, with a
new light well provided to allow ample access to light and ventilation on the west wall. (7) units are potentially an option
along the east elevation with a light well. The cost and logistics of these (7) units are still in the evaluation stage. On this level,
in addition to the planned apartments, there will be additional resident storage areas available and accommodations for
building mechanical systems.
Our exterior is still being evaluated; however, we anticipate paying homage in part to the original design with a fresh approach.
We plan to emphasize the original horizontal expression with our material application and window placement. Our concept is
an all residential one, so the exterior expressions on each floor are more similar.
The result will be a re-established, active community within the community, providing a new life to this existing City structure,
with the overall vision to continue to bring much needed and attainable workforce housing and retail to this area of the city.
ERHARDTCC.COM | INTARCH.COM 27
SECTION II: PROPOSED DEVELOPMENT VISION AND PROGRAM
W MUSKEGON AVE
FUTURE PHASE
- THREE OR FOUR STORY
MIXED-USE BLDG
3RD STREET
4TH STREET
ENTRY
D R O P
O F F
PROPOSED PARKING LANDSCAPED
(48) SPACES LIGHTWELL PHASE 1
- 47 APARTMENTS
- ADAPTIVE REUSE OF
EXISTING TWO STORY, 26,400
SF BLDG
LIGHTWELL
ENTRY
HOUSTON AVE
FUTURE PHASE
- (8) TWO STORY TOWNHOUSES
21 OCT 2021
CONCEPT PLAN | SITE LAYOUT N THIRD STREET REDEVELOPMENT - MUSKEGON, MI 20210903
0' 20' 40' 80'
1
© 2021 Integrated Architecture All rights reserved No part of this document may be used or reproduced in any form or by any means, or stored in a database or retrieval system, without the prior written permission of Integrated Architecture
28 1095 Third Street Redevelopment Project ERHARDTCC.COM | INTARCH.COM 29
SECTION II: PROPOSED DEVELOPMENT VISION AND PROGRAM
LIGHT WELL
UNITS TO BE DETERMINED
BUILDING
MECH /
RESIDENTIAL
STORAGE
ELEC /
CABLE
LOUNGE
COMMON
LAUNDRY
BIKE STORAGE
STORAGE
UNEXCAVATED
TERRACED
LIGHT WELL
UNIT BREAKDOWN
TOTAL FLOOR TOTAL UNIT
STUDIO 1BR 2BR
AREA (GSF) AREA (GSF) TOTAL
(360 SF) (540-760 SF) (1030 SF) EFFICIENCY
BASEMENT 12450 8470 - 10 2 12 68.03% STUDIO UNIT
1ST LEVEL 13300 10080 1 16 - 17 75.79%
1-BEDROOM UNIT
2ND LEVEL 13220 10600 1 17 - 18 80.18%
TOTAL 38970 29150 2 43 2 47 74.80% 2-BEDROOM UNIT
21 OCT 2021
CONCEPT PLAN | BASEMENT N THIRD STREET REDEVELOPMENT - MUSKEGON, MI 20210903
0' 8' 16' 32'
2
© 2021 Integrated Architecture All rights reserved No part of this document may be used or reproduced in any form or by any means, or stored in a database or retrieval system, without the prior written permission of Integrated Architecture
30 1095 Third Street Redevelopment Project ERHARDTCC.COM | INTARCH.COM 31
SECTION II: PROPOSED DEVELOPMENT VISION AND PROGRAM
ELEC /
CABLE
LOUNGE
NEW CANOPY
COMMON
LAUNDRY
BIKE STORAGE
MAIL
LOBBY RM
NEW CANOPY
UNIT BREAKDOWN
TOTAL FLOOR TOTAL UNIT
STUDIO 1BR 2BR
AREA (GSF) AREA (GSF) TOTAL
(360 SF) (540-760 SF) (1030 SF) EFFICIENCY
BASEMENT 12450 8470 - 10 2 12 68.03% STUDIO UNIT
1ST LEVEL 13300 10080 1 16 - 17 75.79%
1-BEDROOM UNIT
2ND LEVEL 13220 10600 1 17 - 18 80.18%
TOTAL 38970 29150 2 43 2 47 74.80% 2-BEDROOM UNIT
21 OCT 2021
CONCEPT PLAN | 1ST LEVEL N THIRD STREET REDEVELOPMENT - MUSKEGON, MI 20210903
0' 8' 16' 32'
3
© 2021 Integrated Architecture All rights reserved No part of this document may be used or reproduced in any form or by any means, or stored in a database or retrieval system, without the prior written permission of Integrated Architecture
32 1095 Third Street Redevelopment Project ERHARDTCC.COM | INTARCH.COM 33
SECTION II: PROPOSED DEVELOPMENT VISION AND PROGRAM
ELEC /
CABLE
LOUNGE
COMMON
LAUNDRY
BIKE STORAGE
UNIT BREAKDOWN
TOTAL FLOOR TOTAL UNIT
STUDIO 1BR 2BR
AREA (GSF) AREA (GSF) TOTAL
(360 SF) (540-760 SF) (1030 SF) EFFICIENCY
BASEMENT 12450 8470 - 10 2 12 68.03% STUDIO UNIT
1ST LEVEL 13300 10080 1 16 - 17 75.79%
1-BEDROOM UNIT
2ND LEVEL 13220 10600 1 17 - 18 80.18%
TOTAL 38970 29150 2 43 2 47 74.80% 2-BEDROOM UNIT
21 OCT 2021
CONCEPT PLAN | 2ND LEVEL N THIRD STREET REDEVELOPMENT - MUSKEGON, MI 20210903
0' 8' 16' 32'
4
© 2021 Integrated Architecture All rights reserved No part of this document may be used or reproduced in any form or by any means, or stored in a database or retrieval system, without the prior written permission of Integrated Architecture
34 1095 Third Street Redevelopment Project ERHARDTCC.COM | INTARCH.COM 35
SECTION II: PROPOSED DEVELOPMENT VISION AND PROGRAM
21 OCT 2021
HOUSTON & THIRD | CONCEPTUAL EXTERIOR THIRD STREET REDEVELOPMENT - MUSKEGON, MI 20210903
5
© 2021 Integrated Architecture All rights reserved No part of this document may be used or reproduced in any form or by any means, or stored in a database or retrieval system, without the prior written permission of Integrated Architecture
36 1095 Third Street Redevelopment Project ERHARDTCC.COM | INTARCH.COM 37
616 Lofts on Michigan
(Integrated Architecture)
F I N A N C I A L STA B I L I TY
38 1095 Third Street Redevelopment Project
SECTION III: CONCEPTUAL FINANCIAL STRUCTURE/STABILITY
FINANCIAL STABILITY OF SUBURBAN PROPERTY, LLC
Suburban Property, LLC has over 15 years of experience. Further information is available to discuss in-
person.
LEGAL FIRM NAME AND HEADQUARTERS/LOCAL ADDRESS
Suburban Property, LLC
9500 Cascade Road SE
Ada, MI 49301
BUSINESS STATUS
Privately-Owned LLC
Established 2005 in Michigan
KEY FIRM CONTACT NAME(S)
Shaun Burket
Owner
ERHARDTCC.COM | INTARCH.COM 39
SECTION III: CONCEPTUAL FINANCIAL STRUCTURE/STABILITY
FINANCIAL STABILITY OF INTEGRATED ARCHITECTURE
Integrated Architecture, LLC was incorporated in 1988 and has experienced over 33 years of growth and prosperity.
The President of the company is one of the two original founders, Michael Corby. He is nationally recognized
and licensed in several states. Integrated Architecture operates with conservative financial principals and team
management that is committed to profitably, positive cash flow, and low debt service. The company maintains
strong credit relations and has a high liquidity ratio.
LEGAL FIRM NAME AND HEADQUARTERS/LOCAL ADDRESS
Integrated Architecture, LLC
840 Ottawa Avenue
Grand Rapids, MI 49503
p: 616-574-0220
f: 616-574-0953
www.intarch.com
BUSINESS STATUS
Privately-Owned LLC
Established 1988 in Michigan
KEY FIRM CONTACT NAME(S)
Mike Corby, FAIA, LEED AP
President
Tim Mustert, AIA
Architectural Principal
Scott Vyn, LEED AP
Design Principal
40 1095 Third Street Redevelopment Project
Freyling Mendels
Mixed Use Development
(Integrated Architecture)
ERHARDTCC.COM | INTARCH.COM 41
SECTION III: CONCEPTUAL FINANCIAL STRUCTURE/STABILITY
FINANCIAL STABILITY OF ERHARDT CONSTRUCTION
Erhardt Construction was founded in 1962 and has experience with urban projects dating back to the 1970s.
Please review the letter on page 43 stating our financial capabilities and bonding capacity. Further information is
available to discuss in-person.
LEGAL FIRM NAME AND HEADQUARTERS/LOCAL ADDRESS
Erhardt Construction Company
6060 Fulton Street East
Ada, MI 49301
p: 616-676-1222
f: 616-676-1676
www.erhardtcc.com
BUSINESS STATUS
Corporation
Established 1962 in Michigan
KEY FIRM CONTACT NAME(S)
Ben Wickstrom, P.E.
President & CEO
Taggart Town
Vice President
Ryan Formsma
Vice President of Business Development
Stan Elenbaas
Vice President of Estimating
Arlen-Dean Gaddy
Director of Market Strategy
42 1095 Third Street Redevelopment Project
Christopher J. Ashley
Account Executive
Travelers Bond & Financial Products
1441 W. Long Lake Rd., Ste. 300
Troy, MI 48098
Phone: 248-312-7953
Fax: 866-216-5992
E-mail: [email protected]
February 26, 2021
Re: Erhardt Construction Company
To Whom It May Concern:
We are pleased to share with you our experience as surety for the Erhardt Construction Company.
We consider Erhardt Construction Company, one of our most outstanding and valued clients in
whom we have the highest confidence. Through the years this company has, in our opinion,
remained properly financed, well equipped and capably managed.
Travelers Casualty and Surety Company of America provides the Erhardt Construction Company,
with a single project surety capacity of $100,000,000 and an aggregate surety program of
$150,000,000.
Please note that the decision to issue performance and payment bonds is a matter between Erhardt
Construction Company and Travelers, and will be subject to our standard underwriting at the time
of the final bond request, which will include but not be limited to the acceptability of the contract
documents, bond forms and financing. We assume no liability to third parties or to you if for any
reason we do not execute said bonds.
Travelers Casualty and Surety Company of America carries an AM Best Rating of A++ and
Financial Category size of XV. The Travelers Company is authorized to issue individual bonds in
excess of $2 billion by the Federal Government.
If you have any questions please do not hesitate to contact me as we are pleased to share with you
our experience with this fine organization.
Best regards,
ERHARDTCC.COM | INTARCH.COM 43
Contact Information
Shaun Burket
Suburban Property, LLC | Developer & Lead Entity Representative
(616) 291-1768
[email protected]
Mike Corby, FAIA, LEED-AP
Integrated Architecture | President
(616) 574-0220
[email protected]
Ryan Formsma
Erhardt Construction | VP of Business Development
D (616) 825-2908
[email protected]
G R A N D R A P I D S , M I C H I G A N | I N TA R C H . CO M ADA, MICHIGAN | ERHARDTCC.COM
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 11, 2022 Title: Sales Agreement 2725 Olthoff
Submitted By: Frank Peterson Department: City Manager
Brief Summary: Staff is seeking approval to sell approximately 20 acres of property at 2725 Olthoff
Drive.
Detailed Summary. This site was originally procured from the Michigan State Land Bank, and
previously housed the West Shoreline Correctional Facility. The property has a total of 64 acres,
and approximately 34 are in the City of Muskegon. Staff seeks to sell approximately 20 acres of the
property within the city limits for the purpose of redevelopment.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s): N/A
Recommended Motion: Approve the sales agreement and authorize the Mayor and Clerk to sign.
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is entered into as of January
___, 2022 (the “Effective Date”) by and between 2725 Olthoff LLC, a Michigan limited liability company,
of 55 Campau Avenue NW, Suite 300, Grand Rapids, Michigan 49503 (“Buyer”) and the City of
Muskegon, a Michigan municipal corporation, of 933 Terrace, Muskegon, Michigan 49440 (“Seller”).
RECITALS
A. Seller owns that certain real property located in the City of Muskegon, County of
Muskegon, State of Michigan, commonly known as 2725 Olthoff Drive, consisting of approximately 34.37
acres of vacant land in the Port City Industrial Park (the “Parent Parcel”) having permanent parcel number
61-24-696-000-0067-00.
B. Subject to the terms of this Agreement, Seller desires to sell and Buyer desires to
purchase a portion of the Parent Parcel consisting of 20 or more acres, as depicted on Exhibit A attached
hereto and to be more particularly described on Exhibit B to be attached hereto at a later date as described
in this Agreement, together with all of Seller’s right, title and interest in and to all improvements,
hereditaments, tenements, rights, leases, rents, issues, profits, easements appurtenant thereto, all
collectively referred to herein as the “Property.”
C. Upon completion of the sale and purchase of the Property, Seller shall retain title
to the residual portion of the Parent Parcel which is not being conveyed to Purchaser as part of the Property
(the “Retained Property”). The Retained Property is described on Exhibit C to be attached hereto at a
later date. Seller intends to obtain the issuance of all governmental approvals necessary to split the portion
of the Property as shown as Exhibit A and described on Exhibit B out of the Parent Parcel in order to cause
such portion of the Property to constitute a separate approximately 20 acre legal parcel substantially in the
location and configuration shown on Exhibit A (the “Land Division”).
AGREEMENT
NOW, THEREFORE, taking into account the foregoing Recitals, and in consideration of
the mutual covenants, agreements and conditions set forth herein, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Buyer and Seller agree as
follows:
1. AGREEMENT TO PURCHASE AND SALE. Subject to the conditions and upon the
terms of this Agreement, Seller hereby agrees to sell, convey and assign the Property to Buyer, and Buyer
agrees to buy and accept the Property from Seller.
2. PURCHASE PRICE/DEPOSIT. The purchase price to be paid for the Property (the
“Purchase Price”) at the Close of Escrow is One Thousand Five Hundred and 00/100 Dollars ($1,500.00)
per acre. The Purchase Price shall be deposited by Buyer into Escrow (as defined below) in immediately
available funds on or before the Close of Escrow. Upon the full execution of this Agreement, Buyer shall
deposit in escrow with the Title Company the sum of Five Thousand and 00/100 Dollars ($5,000.00; the
“Earnest Money Deposit”). The Earnest Money Deposit shall be applied to the Purchase Price at the Close
of Escrow.
3. TITLE AND SURVEY.
(a) Title. As evidence of title to the Property, Buyer shall obtain at Seller’s cost and
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12b_purchase and sale agreement - olthoff.docx
expense, from First American Title Insurance Company, whose address is 4362 Cascade Road, SE, Suite
109, Grand Rapids, MI 49545 (the “Title Company”) a commitment (“Title Commitment’) to issue an
owner’s title insurance policy insuring the Property in the amount of the Purchase Price, without the
standard printed exceptions, which shall be in a form approved by the American Land Title Association
(“ALTA”) and acceptable to Buyer; provided, however, that Buyer may request that the title insurance
policy insure the Property in an amount greater than the Purchase Price (“Additional Coverage”), in which
case Buyer shall pay for any additional cost of such Additional Coverage. Buyer shall notify Seller in
writing on or before the expiration of the Due Diligence Period (defined below) if the Title Commitment
discloses any exceptions not acceptable to Buyer or if the Survey (defined below) shows any deviation from
apparent boundaries or represented acreage, violation of zoning ordinances, or building and use restrictions,
flood hazard area, encroachment, or condition that poses a problem for Buyer’s lender, if any, or that, in
Buyer’s judgment, could interfere with Buyer’s intended use of the Property (individually and collectively,
a “Defect”). Seller may elect to remove each Defect at Seller’s expense on or before the Close of Escrow
after Buyer’s notice of the Defect. In addition, Seller shall satisfy the requirements set forth in the Title
Commitment on or before the Close of Escrow. If Seller fails or refuses to remove any Defect or satisfy
any requirement on the Title Commitment, then Buyer may: (i) proceed to closing, waiving the Defect or
requirement at issue; or (ii) terminate this Agreement by a written notice to Seller, the Earnest Money
Deposit shall be returned to Buyer, and neither Seller nor Buyer shall have any further liability to the other
under this Agreement.
(b) Survey. Buyer’s receipt and approval, in its sole discretion, of a 2021
ALTA/NSPS land title survey of the Land which is certified to Buyer, Buyer’s lender, and the Title
Company, insuring the transaction along with their underwriter, and Buyer’s assignee, if any, all at Buyer’s
expense (“Survey”).
4. BUYER’S CONTINGENCIES AND OTHER CLOSING REQUIREMENTS.
Buyer’s obligation to purchase the Property and the remainder of Buyer’s obligations under this Agreement
shall be subject to its approval of each contingency set forth below (collectively, the “Buyer
Contingencies”) on or before the date that is three hundred sixty-five (365) days after the Effective Date
(“Due Diligence Period”). The Buyer Contingencies are for the sole benefit of Buyer. The satisfaction or
waiver of each Buyer Contingency is a condition precedent to the Close of Escrow. This Agreement may
be terminated upon written notice to Seller by Buyer on or before the expiration of the Due Diligence
Period: (a) as a result of Buyer’s disapproval of any of the Buyer Contingencies, or (b) by reason of the
failure of any condition precedent in favor of Buyer as set forth in this Agreement. If this Agreement is
terminated for any reason other than a default under this Agreement solely on the part of Buyer, then Buyer
shall be relieved of all obligations and liabilities under this Agreement and the Earnest Money Deposit shall
be refunded to Buyer.
(a) Inspections. Buyer’s satisfaction, in its sole discretion, with the results of all
inspections of the Property that Buyer desires, including, but not limited to, compliance of the Property
with applicable laws, ordinances and regulations, the suitability of the Property for Buyer’s intended use,
and the environmental condition of the Property, to be performed at Buyer’s discretion and expense. If the
Property is a “facility” within the meaning of Part 201 of the Michigan Natural Resources and
Environmental Protection Act, MCL 324.20101 et seq (“Part 201”), Buyer may, at Buyer’s expense,
prepare and, after closing, submit to the Michigan Department of Environment, Great Lakes and Energy
(“EGLE”) a “baseline environmental assessment,” or “BEA,” pursuant to Section 26 of Part 201, MCL
324.20126. Buyer may also, at Buyer’s expense, prepare a due care plan to meet due care obligations, if
any, at the Property imposed under MCL 324.20107a.
(b) Land Division. The conveyance of the Property shall be subject to and
conditioned upon Seller, at its sole cost and expense, obtaining the issuance of all governmental approvals
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12b_purchase and sale agreement - olthoff.docx
necessary to split the portion of the Property identified on Exhibit A out of the Parent Parcel pursuant to
1967 PA, 288, MCL 560.101 et seq. (the “Land Division Act”), and in accordance with associated local
governmental requirements. Seller shall use commercially reasonable efforts to cause the Land Division to
be completed by the expiration of the Due Diligence Period, and Buyer shall reasonably cooperate, at no
cost or expense to Buyer, with Seller in that regard. The size of the parcel created by the Land Division
shall be sufficient to lawfully construct a 250,000-square-foot building in accordance with Buyer’s plans
and specifications for the Project (defined below). If Seller is unable, despite its commercially reasonable
efforts to do so, to effectuate the Land Division within the Due Diligence Period, then either party may
elect to terminate this Agreement, by notice of such election to terminate delivered to the other party prior
to the effectuation of the Land Division, and in the event of such termination, the Earnest Money Deposit
shall be returned to Buyer and neither party shall have any further liability or obligation hereunder (other
than the provisions of this Agreement that expressly survive Closing and/or termination of this Agreement).
Once the Land Division is effectuated, the associated legal description of the Property shall be attached
hereto as Exhibit B, the associated legal description of the Retained Property shall be attached hereto as
Exhibit C, and the Buyer and Seller shall arrange to have the Title Company modify the Commitment to
reflect the actual legal description of the Property and make the associated revisions to the Commitment.
Any new title exceptions resulting therefrom shall be subject to Buyer’s approval, including, without
limitation, the requirement of any additional title endorsements. Further, such legal description of the
Property shall be utilized for purposes of Exhibit A to the Deed (defined in Section 5(c)). If Land Division
Act approval is obtained, at Closing Seller shall convey at least one division right to Buyer at the closing.
(c) Development. Buyer intends to construct a life science research and office facility
consisting initially of approximately 125,000 square feet, with an anticipated expansion of another 125,000
square feet (the “Project”). Buyer’s obligation to purchase the Property and the remainder of Buyer’s
obligations under this Agreement shall be subject to Buyer’s satisfaction that the Property is suitable for
the Project, including, but not limited to the condition of the surface and soil thereunder; the availability
and condition of adjoining roadways, utilities, and sewers; a geotechnical analysis of the Property; Buyer’s
satisfaction that all governing municipalities and all other government and regulatory agencies having
jurisdiction over the Property or Buyer will permit and approve the Project (“Permits and Approvals”),
including, but not limited to, the Permits and Approvals of an onsite incinerator;
(d) Tax Abatement. The Tax Abatement (defined below) shall have been obtained
for the Property.
(e) Financing/Appraisal. Buyer’s receipt and approval of financing for the
construction of the Project from sources and under terms and conditions acceptable to Buyer, in its sole
discretion, and Buyer’s receipt and approval of an appraisal of the Property acceptable to Buyer, in its sole
discretion.
(f) Documents to be Provided by Seller. Within five (5) business days of the
Effective Date, to the extent in the possession or control of Seller, Seller shall deliver to Buyer full,
complete, accurate, and legible copies of the following documentation, along with such other documents as
Buyer may reasonably request, all to the extent within Seller’s possession or control (the “Property
Documents”), for Buyer’s review and approval, in its sole discretion:
(i) all plans and specifications, soil, engineering, environmental reports and
studies or architectural notices, studies, reports or plans, and all other reports concerning the
Property which relate to the physical condition or operation of the Property (collectively, the “Plans
and Reports”);
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12b_purchase and sale agreement - olthoff.docx
(ii) all zoning and land use applications, site plan, land use and governmental
approvals, township resolutions, permits, licenses, entitlements and other governmental, utility
service provider and other quasi-governmental authorizations, including any certificates of
occupancy that Seller now holds in connection with the ownership, planning, development,
construction, use, operation or maintenance of the Property and all amendments, modifications,
supplements, general conditions and addenda thereto;
(iii) copies of any and all written notices received by Seller from any
governmental or quasi-governmental authorities with respect to (A) violations or alleged violations
of any License, law, code or regulation, including, without limitation, any health and sanitation,
fire or building codes; (B) defects or other deficiencies in the Property, and (C) results of all
inspections of the Property;
(iv) such other documents or items as Buyer may reasonably request in
connection with its due diligence investigation of the Property or the operation thereof.
(g) Third Party Consents. Buyer shall have received all third-party consents
necessary to effectuate the transfer of the Property to Buyer pursuant to the terms hereof.
Buyer’s obligation to purchase the Property and the remainder of Buyer’s obligations under this
Agreement shall additionally be subject to its approval of each contingency set forth below on or before the
Close of Escrow:
(i) Date Down of Representations; No Breach of Covenants. All of the
representations and warranties of Seller pursuant to Section 10 below shall be true and correct in all material
respects as of the Close of Escrow and, prior to the Close of Escrow, there shall be no material breach of
Seller’s covenants or obligations under this Agreement.
(ii) Proforma. The Title Company’s commitment to issue a marked-up title
commitment or pro forma owner’s policy to be issued at the Close of Escrow, along with title insurance
policy endorsements required by Buyer and to be obtained at Buyer's expense.
5. ESCROW.
(a) Escrow Holder; Escrow Instructions. First American Title Insurance Company,
Attn: Gary Wadsworth (the “Escrow Holder”) shall establish an escrow for the purchase and sale of the
Property (the “Escrow”). This Agreement, together with such further written instructions, if any, as both
parties jointly provide to Escrow Holder, shall constitute the escrow instructions to the Escrow Holder.
(b) Opening and Close of Escrow. The Escrow shall be deemed open as of the
Effective Date and shall close (the “Close of Escrow”) effective on the transfer of the Property which shall
be deemed to have occurred as of 12:01 a.m. local time on the date of the Close of Escrow. The Close of
Escrow shall occur on the date that is thirty (30) days after the expiration of the Due Diligence Period;
provided, however, that (i) the Close of Escrow shall take place on an earlier date as shall be specified by
Buyer on at least one week’s notice to Seller after the completion of the Land Division; or (ii) the Close of
Escrow may be extended by Buyer upon notice to Seller for thirty (30) days in order to accommodate
Buyer’s completion of its inspections, including its inspection of the environmental condition of the
Property. The Close of Escrow shall be held at the Title Company, unless otherwise agreed in writing by
the parties.
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12b_purchase and sale agreement - olthoff.docx
(c) Seller Deposits Into Escrow. As a condition precedent to the Close of Escrow in
favor of Buyer, Seller shall deliver or cause to be delivered the items set forth below to Escrow Holder to
permit the closing of the transaction contemplated hereby:
(i) duly executed and acknowledged warranty deed (the “Deed”);
(ii) duly executed non-foreign affidavit;
(iii) payoff letters from the holders or claimants of, or with respect to, any
encumbrance or monetary lien affecting the Property;
(iv) any and all transfer declarations or disclosure documents, duly executed
by the appropriate parties, required in connection with the recordation of the Deed by any state,
city, or county agency having jurisdiction over the Property or the transactions contemplated
hereby;
(v) a duly executed closing statement setting forth the Purchase Price and
closing adjustments (“Closing Statement”);
(vi) an assignment to Buyer of (i) all of the right, title and interest of Seller in,
to and under each service contract, utility contract and similar contract or commitment (if
assignable), including but not limited to the Contracts, affecting all or any portion of the Property,
which Buyer determines, in its sole discretion, to retain; and (ii) all governmental licenses, permits
and approvals (if assignable), affecting all or any portion of the Property, which Buyer determines
to retain, together with originals of all items assigned;
(vii) any other documents reasonably required by the Title Company or Escrow
Holder to consummate this transaction.
(d) Buyer Deposits Into Escrow. As a condition precedent to the Close of Escrow in
favor of Seller, Buyer shall deliver or cause to be delivered in a timely manner to permit the closing of the
transaction contemplated hereby by the Close of Escrow the following:
(i) to Escrow Holder a sum equal to the Purchase Price less any credits against
the Purchase Price and other adjustments provided for herein, plus any other sums required for
costs to be paid by Buyer pursuant to the terms of this Agreement;
(ii) to Escrow Holder a duly executed counterpart of the Closing Statement;
(iii) to Escrow Holder any executed or other documents reasonably required
by the Title Company or Escrow Holder to consummate this transaction;
(e) Authorization to Close Escrow. Provided that Escrow Holder has not received
written notice from Buyer of the failure of any conditions precedent or of the termination of the Escrow,
once Buyer and Seller have deposited into the Escrow or delivered to the other party (and provided Escrow
Holder with notice of the same), as applicable, the items required by this Agreement and the Title Company
is irrevocably and unconditionally committed to issuing the Title Policy, Escrow Holder shall:
(i) Cause the Deed to be recorded in the land records or official records, as
applicable, of the county in which the Property is located (the “County”), and cause a conformed
copy of the Deed to be mailed to Buyer after the same has been recorded.
5
12b_purchase and sale agreement - olthoff.docx
(ii) Deliver to Seller the Purchase Price, as adjusted under this Agreement.
(iii) Cause the Title Policy to be issued to Buyer by the Title Company, without
the standard printed exceptions (with delivery of the original of the Title Policy to occur as soon as
possible, but in all cases, within thirty (30) days of the Close of Escrow).
(f) Possession. At the Close of Escrow, Seller shall deliver to Buyer actual physical
possession of the Property, free of all tenants or other occupants.
6. CLOSING COSTS.
(a) Seller Costs. Seller shall pay (i) any documentary transfer tax, revenue tax or
excise tax (and any surtax thereon) due in connection with the consummation of this transaction; (ii) Seller’s
legal, accounting and other professional fees and expenses, and the cost of all certificates, instruments and
documents required to be delivered, or to cause to be delivered, by Seller hereunder; (iii) fifty percent (50%)
of all escrow fees of the Escrow Holder; and (iv) any and all costs, expenses or fees associated with Seller’s
paying off of any loans or liens on the Property.
(b) Buyer Costs. Buyer shall pay (i) all costs incurred by Buyer in connection with
its investigation of the Property, including the cost of any appraisal, ALTA/NSPS survey, site inspections
or environmental audits; (ii) Buyer’s legal, accounting, and other professional fees and expenses and the
cost of all certificates, instruments, and documents required to be delivered by Buyer hereunder; (iii) fifty
percent (50%) of all escrow fees of the Escrow Holder; and (iv) the fees for recording the Deed.
(c) Cost of the Title Policy. Seller shall pay the cost of the premium for the Title
Policy in the amount of the Purchase Price, excluding any special endorsements requested by Buyer which
shall be paid by the Buyer. Buyer shall pay the cost of the Additional Coverage.
(d) Other Costs. Any other costs of the Escrow or of closing pertaining to this
transaction not otherwise expressly allocated among Buyer and Seller under this Agreement shall be
apportioned in the manner customary in the county where the Property is located.
(e) Cancellation of Escrow. Notwithstanding the provisions of this Section 6, if the
Escrow fails to close for any reason (other than the breach of this Agreement by one or both of the parties),
the costs incurred through the Escrow shall be borne equally by Buyer and Seller. Otherwise, the party
who first breached this Agreement shall bear all the costs of the Escrow.
7. PRORATIONS AND ADJUSTMENTS. Seller shall pay all property taxes (real or
personal) and special assessments in respect of the Property that are a lien or due and payable or both as of
the Close of Escrow; Buyer shall be responsible for all other property taxes.
8. TITLE.
(a) Conveyance. Title to the fee simple interest in the Property shall be conveyed to
Buyer by the Deed at the Close of Escrow.
(b) Title Policy. The title to be conveyed to Buyer shall be insured by an Extended
ALTA Owner’s Policy of Title Insurance (the “Title Policy”) with aggregate liability in the amount of the
Purchase Price (or greater amount as may be requested by Buyer under Section 3(a) above), dated the date
the Deed is recorded, issued by the Title Company, insuring that title to the fee interest in the Property is
vested in Buyer, subject only to the exceptions acceptable to Buyer. The Title Policy shall include the
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endorsements required by Buyer, at Buyer’s expense, and shall exclude any stipulation for arbitration.
Seller shall execute an affidavit and/or certified resolutions on the Title Company’s standard form so that
the Title Company can delete or modify the standard printed exceptions.
9. REPRESENTATIONS AND WARRANTIES OF BUYER. Buyer hereby represents
and warrants to Seller that the following matters are true and correct as of the execution of this Agreement
and also will be true and correct as of the Close of Escrow:
(a) Organization. Buyer is a limited liability company, duly organized, validly
existing and in good standing under the laws of the State of Michigan.
(b) Authority; Enforceability; Conflict. This Agreement and all the documents to
be executed and delivered by Buyer to Seller or Escrow Holder pursuant to the terms of this Agreement
(i) have been or will be duly authorized, executed and delivered by Buyer; (ii) are or will be legal and
binding obligations of Buyer as of the date of their respective executions; (iii) are or will be enforceable in
accordance with their respective terms (except to the extent that such enforcement may be limited by
applicable bankruptcy, insolvency, moratorium and other principles relating to or limiting the rights of
contracting parties generally); and (iv) do not, and will not at the Close of Escrow, violate any provision of
any agreement to which Buyer is a party, any of Buyer’s organizational documents or any existing
obligation of or restriction on Buyer under any order, judgment or decree of any state or federal court or
governmental authority binding on Buyer.
(c) Project Investment. Provided that Buyer receives all necessary Permits and
Approvals for the construction and operation of the Project, Buyer shall use commercially reasonable efforts
to construct the Project, including, but not limited to, making an initial investment in the construction of
the Project of at least Forty Million Dollars ($40,000,000) within Three Hundred Sixty-Five (365) days
after the later of (i) the Close of Escrow or (ii) the date that Buyer receives all necessary Permits and
Approvals for the construction and operation of the Project and the Tax Abatement. If the Project is
completed, Buyer shall initially employ at least fifty (50) persons at the Project within One Hundred Twenty
(120) days following completion of construction of the Project and the commencement of operations at the
Project.
10. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller represents and
warrants to Buyer that the following matters are true and correct as of the execution of this Agreement and
also will be true and correct as of the Close of Escrow:
(a) Authority; Enforceability; Conflict. This Agreement and all the documents and
items to be executed and delivered by Seller pursuant to the terms of this Agreement (i) have been or will
be duly authorized, executed and delivered by Seller; (ii) are or will be legal and binding obligations of
Seller as of the date of their respective executions; (iii) are or will be enforceable in accordance with their
respective terms (except to the extent that such enforcement may be limited by applicable bankruptcy,
insolvency, moratorium and other principles relating to or limiting the rights of contracting parties
generally); (iv) do not, and will not as of the Close of Escrow, violate any provision of any agreement to
which such Seller is a party, any of such Seller’s governing documents or any existing obligation of or
restriction on Seller under any order, judgment or decree of any state or federal court or governmental
authority binding on Seller; and (v) will be sufficient to convey title (if they purport to do so).
(b) Notices. Seller has not received any notice of (i) any violation of any applicable
laws, moratoria, initiative, referenda, ordinances, rules, regulations, codes, standards, judgments, orders,
directives, injunctions, writs or decrees promulgated by any federal, state or local governmental body or by
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any quasi-governmental body having authority over Seller or the Property or the operations thereof
(collectively, “Laws”).
(c) Compliance. The use, operation and sale of the Property is in all material respects
in compliance with all applicable Laws, including all applicable zoning building codes, environmental,
zoning, subdivision, and land use Laws. Buyer’s proposed use of the Property for a life science research
and office facility containing an onsite incinerator shall be permitted as of right under all applicable zoning
ordinances.
(d) Accuracy of Information. To the best of Seller’s knowledge, the Property
Documents delivered by Seller are, to the extent applicable, true in all material respects, and there are no
other written material agreements or understandings to which Seller or any of its affiliates are a party or are
bound relating to the Property or their operation or use other than as delivered or disclosed in writing to
Buyer or disclosed on the Title Commitment.
(e) Litigation; Condemnation. There are no (i) actions, suits or proceedings pending
or, to Seller’s knowledge, threatened before or by any governmental authority or other person, against or
affecting Seller, any of its affiliates or the Property or (ii) to Seller’s knowledge, proposed or threatened
eminent domain or similar proceedings which would affect any Land or Improvements in any manner
whatsoever.
(f) Tax Abatement. The Project is located in a Commercial Redevelopment District
and qualifies for a “new facility” property tax abatement of 12 years under the Commercial Redevelopment
Act, PA 255 of 1978, as amended (the “Tax Abatement”). Seller shall obtain the Tax Abatement for the
Property on or prior to the Close of Escrow, provided that Buyer reasonably assists and cooperates with
Seller’s efforts to obtain the Tax Abatement.
(g) Title. Seller is the sole owner of the Property and has good, valid and marketable
title to the Property free and clear of all liens, encumbrances, rights, reservations, easements and other
exceptions other than those of record and/or those which are to be discharged at closing.
(h) CC&RS. Seller has received no notice or complaint with respect to any violation
of any covenant, condition or restriction applicable to the Property.
(i) Hazardous Materials.
(i) To the best of Seller’s knowledge, (A) Seller does not now use the
Property or permit the Property to be used in a manner which violates any federal, state or local
law, regulation or ordinance or any judicial decisions, rules, regulations or publications
promulgated thereunder regarding the environment or materials which are or could be hazardous
to persons or property (collectively “Environmental Enactments”), and Seller has never done so
in the past; (B) there have been no violations of an Environmental Enactment on the Property by
any other prior owner of the Property, (C) there is no discharge, seepage or release of Hazardous
Materials (as hereinafter defined) onto the Property from adjoining property; and (D) neither Seller
nor any prior owner has used the Property or allowed the Property to be used in a way which would
require notice or reporting to a governmental agency of such use under any Environmental
Enactment. Without limiting the foregoing, to the best of Seller’s knowledge, no asbestos,
polychlorinated biphenyls, radon, urea or formaldehyde are contained in or stored on or under the
Property, there are no Hazardous Materials on or under the Property in violation of any
Environmental Enactments, and there are no storage tanks containing or previously containing
Hazardous Materials located in or under the Property.
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(ii) As used herein, “Hazardous Materials” shall mean (i) any waste,
material or substance (whether in the form of a solid, liquid or and gas), which is deemed to be a
pollutant or a contaminant or hazardous, toxic, ignitable, reactive, corrosive, harmful or injurious,
or which presents a risk to public health or the environment, or which is or may become regulated
by or under any Environmental Enactments; (ii) petroleum, including crude oil or any fraction
thereof, and petroleum-containing products; (iii) asbestos containing material; (iv) lead-based
paint; (v) polychlorinated biphenyls; (vi) radioactive material; (vii) urea formaldehyde; and (viii)
radon gas. As used herein, “a violation of an Environmental Enactment” or words of similar import
shall mean the existence, use, storage, discharge, treatment, release, transportation or disposition
of, whether temporarily or permanently, any Hazardous Materials at, on or under the Property other
than in compliance with the requirements of all applicable Environmental Enactments.
No representation or warranty made by Seller in this Agreement shall merge into any instrument
of conveyance delivered at the Close of Escrow but shall survive the Close of Escrow.
11. BUYER AND SELLER COVENANTS.
(a) Utilities. Within Twenty-Six (26) weeks after the Close of Escrow, Seller shall, at
Seller’s sole cost and expense, cause all electric, gas, data and telecommunications, water, sanitary sewer
and storm sewer utilities to be extended along Olthoff Drive and stubbed to the Property (“Seller Utility
Work”). Seller shall be responsible for obtaining all permits and approvals necessary for the Seller Utility
Work.
(b) Approvals. Seller shall reasonably and cooperatively assist Buyer in Buyer’s
efforts to obtain the Permits and Approvals, including, without limitation, any tax abatements, grants and/or
other incentives available from any state, county and/or local governmental authorities, and any approvals
relative to the environmental condition of the Property and Buyer’s proposed incinerator, and Seller agrees
to execute any necessary applications as a part of Buyer’s inspections and Seller agrees not to interfere with
or object to any such submissions by Buyer.
(c) Tax Exemption. At Buyer’s request, Seller will request an Eligible
Manufacturing Personal Property Tax Exemption from the State of Michigan for all eligible personal
property owned by Buyer and located on the Property.
Seller’s obligations under this Section 11 shall survive the Close of Escrow.
12. INDEMNIFICATION.
(a) Indemnification By Seller. Seller hereby agrees to indemnify, defend, and hold
harmless Buyer (including the Buyer’s managers, members, employees, advisors, accountants, attorneys,
partners, and any other person having a direct or indirect ownership interest in Buyer) from and against any
losses, damages, costs and expenses (including attorneys’ fees) resulting from any material inaccuracy or
material breach of any representation or warranty of Seller.
(b) Indemnification by Buyer. Buyer hereby agrees to indemnify, defend, and hold
harmless Seller (including the Seller’s officers, directors, employees, advisors, accountants, attorneys,
partners, shareholders and any other person having a direct or indirect ownership interest in Seller) from
and against any losses, damages, costs and expenses (including attorneys’ fees) resulting from any material
inaccuracy or material breach of any representation or warranty of Buyer.
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13. BROKER’S COMMISSION. Buyer and Seller agree that a brokerage fee shall be paid
by Seller to Core Realty in connection with the purchase and sale of the Property (the “Brokerage Fee”).
Buyer and Seller each agrees to indemnify, defend and hold harmless the other from and against any and
all losses, claims, damages, costs or expenses (including attorneys’ fees) which the other may incur as a
result of any claim made by any person to a right to a sales or brokerage commission or finder’s fee other
than the Brokerage Fee in connection with this transaction to the extent such claim is based, or purportedly
based, on the acts or omissions of Seller or Buyer, as the case may be.
14. LIKE KIND EXCHANGE. Seller and Buyer acknowledge that one or both of them may
elect to include the Property in a tax deferred exchange transaction pursuant to Section 1031 of the Internal
Revenue Code of 1986, as amended (a “1031 Exchange”). Each party (the “Cooperating Party”) agrees,
at the request of the other party (the “Requesting Party”), to cooperate with the Requesting Party and third
parties in achieving a 1031 Exchange, including consenting to the assignment of this Agreement in
connection with a 1031 Exchange. The Requesting Party shall not be relieved from any obligations
hereunder due to a 1031 Exchange and shall indemnify and hold the Cooperating Party harmless from any
additional closing expenses which may result from participation in a 1031 Exchange. The Cooperating
Party shall not be required to hold title to any property (other than the Property) in connection with a 1031
Exchange, nor shall the Requesting Party be entitled to delay the Close of Escrow in order to accommodate
a 1031 Exchange.
15. NOTICES. All notices, requests and demands to be made hereunder to the parties hereto
shall be made in writing to the addresses set forth below and shall be given by any of the following means:
(a) personal service; (b) certified or registered mail, postage prepaid, return receipt requested; or
(c) nationally recognized courier or delivery service. Such addresses may be changed by notice to the other
parties given in the same manner as provided above. Any notice, demand or request sent in accordance with
this Section shall be deemed effective upon the date personally delivered to the recipient or on the date of
mailing, postage prepaid, by registered or certified mail, or by nationally recognized courier or delivery
service. Refusal to accept delivery of any notice, request or demand shall be deemed to be delivery thereof.
Notice to any one co-party shall be deemed notice to all co-parties.
To Seller: To Buyer:
______________________ 2725 Olthoff LLC
______________________ Attn: Shane Woods
______________________ 1210 East Pontaluna Road
Norton Shores, Michigan 49456
with a copy to:
Rhoades McKee PC
55 Campau Avenue NW, Suite 300
Grand Rapids, Michigan 49503
Attn: Timothy R. Dudley
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To Escrow Holder and/or Title Agent:
First American Title Insurance Company
4362 Cascade Road, SE, Suite 109
Grand Rapids, MI 49546
Attn: Gary Wadsworth
Email: [email protected]
16. MISCELLANEOUS PROVISIONS.
(a) Incorporation of Prior Agreements. This Agreement contains the entire
understanding of Buyer and Seller with respect to the subject matter hereof, and no prior or
contemporaneous written or oral agreement or understanding pertaining to any such matter shall be
effective for any purpose. No provision of this Agreement may be amended or added to except by an
agreement in writing, expressly stating that such agreement is an amendment of this Agreement, signed by
the parties to this Agreement or their respective successors in interest.
(b) Buyer’s Right to Assign. Buyer shall have the right to assign its rights under this
Agreement to any affiliate of Buyer.
(c) Attorneys’ Fees. In the event any action or proceeding is commenced to obtain a
declaration of rights hereunder, to enforce any provision hereof or to seek rescission of this Agreement for
default contemplated herein, whether legal or equitable, the prevailing party in such action will be entitled
to recover its reasonable attorneys’ fees in addition to all other relief to which it may be entitled therein.
(d) Time is of the Essence. Time is of the essence for this Agreement.
(e) Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of each of the parties hereto and to their respective transferees, successors, and assigns.
(f) No Third Party Beneficiaries. This Agreement is made and entered into solely
for the protection and benefit of the parties and their successors and permitted assigns. No other person
shall have any right of action hereunder.
(g) Governing Law. This Agreement shall be construed in accordance with and
governed by the internal laws of the State of Michigan without giving effect to any “conflict of law” rules
of such state.
(h) Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, but all of which, when taken together, shall constitute one and
the same instrument. Executed copies hereof may be delivered by email or other electronic means and upon
receipt will be deemed originals and binding upon the parties hereto, regardless of whether originals are
delivered thereafter.
(i) Interpretation; Construction. Wherever possible, each provision of this
Agreement shall be interpreted in such a manner as to be valid under applicable law, but, if any provision
of this Agreement shall be invalid or prohibited thereunder, such invalidity or prohibition shall be construed
as if such invalid or prohibited provision had not been inserted herein and shall not affect the remainder of
such provision or the remaining provisions of this Agreement. The language in all parts of this Agreement
shall be in all cases construed simply according to its fair meaning and not strictly against the party that
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drafted such language. Section and paragraph headings of this Agreement are solely for convenience of
reference and shall not govern the interpretation of any of the provisions of this Agreement.
(j) Exhibits; Schedules; Recitals Verified. All Exhibits attached hereto are
incorporated herein by reference. The Recitals to this Agreement are hereby stated to be true and correct
and are incorporated herein by this reference.
(k) Waiver by a Party. The waiver of any contingency, representation, warranty,
covenant, or other matter or provision hereof may only be made in writing (including electronic mail) by
the party benefited by the same.
(l) Further Assurances. In addition to the actions recited herein and contemplated
to be performed, executed and/or delivered hereunder, Buyer and Seller agree to perform, execute and/or
deliver or cause to be performed, executed and/or delivered any and all such further acts, instruments and
assurances as may be reasonably required to consummate the transactions contemplated hereby.
(m) Default; Injunctive and Equitable Relief. If Buyer defaults on its obligation to
close under this Agreement, then provided that Seller is not in default under this Agreement, Seller shall as
its sole remedy be entitled to terminate this Agreement and retain the full amount of the Earnest Money
Deposit, not as a penalty, but in liquidation of all damages sustained by Seller because of Buyer’s default
(the parties recognizing the impossibility of precise ascertainment of the amount of damages suffered by
Seller), and Seller shall have no other remedy against Buyer for such default either at law or in equity.
Seller and Buyer hereby agree that the Property is of a special and unique character which gives it a peculiar
value, and that Buyer cannot reasonably or adequately be compensated in damages in an action at law if
Seller breaches its obligations under the Agreement. Therefore, Buyer shall be entitled to injunctive and
other equitable relief (including, without limitation, the right to specifically enforce Seller’s obligation to
sell the Property) in the event of such breach, in addition to any other rights or remedies which may be
available to Buyer.
(n) Business Days. As used in this Agreement, a “business day” shall mean a day
other than Saturday, Sunday or any day on which banking institutions in Muskegon County, Michigan, are
authorized by law or other governmental action to close. All other references to “days” or “calendar days”
in this Agreement shall refer to calendar days. If any period expires or delivery date falls on a date that is
not a business day under this Agreement, such period shall be deemed to expire and such delivery date shall
be deemed to fall on the immediately succeeding business day.
(o) Survival. All covenants, representations or indemnities set forth in this Agreement
shall survive the Close of Escrow or any termination of this Agreement.
(p) Confidentiality. Neither Buyer, Seller, nor any broker employed or engaged by
any of them shall issue (or cause to be issued) any press releases concerning the subject matter hereof,
structure of the transactions or the status of negotiations conducted hereunder except as may be jointly
agreed to by Seller and Buyer or as any of them may reasonably consider necessary in order to satisfy the
requirements of applicable law; provided, however, that notwithstanding anything herein to the contrary,
Buyer may, free from the restrictions of this paragraph, report on the transaction completed by this
Agreement in connection with its due diligence investigations and with any meetings or conference calls
with, or disclosures made to, Buyer’s consultants, contractors, investors, principals, employees, agents,
attorneys, accountants and other advisors.
[Signatures on following pages]
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IN WITNESS WHEREOF, Buyer and Seller have executed this Agreement as of the day and year first
above written.
“BUYER”
2725 OLTHOFF LLC, a Michigan limited
liability company
By:
Name: __________________________
Title: ____________________________
“SELLER”
CITY OF MUSKEGON,
a Michigan municipal corporation
By:
Name: ___________________________
Title: ____________________________
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EXHIBIT A
[insert]
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EXHIBIT B
[insert]
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EXHIBIT C
[insert]
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 11th, 2022 Title: Pere Marquette Parking Improvements
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is seeking approval to enter into an Engineering Services Agreement (ESA) with DLZ for
completion of the Parking Revisions at Pere Marquette Park.
Detailed Summary:
This item is schedule for discussion at the Work Session meeting on December 13th, 2021. Pending a
supportive outcome and direction from that meeting staff is requesting to enter into the attached ESA
with DLZ, Inc. to complete the design engineering portion of the proposed work.
This topic was discussed at the work session meeting on January 10, 2022 with the recommended
motion set to reflect the outcome of that meeting.
Amount Requested: Amount Budgeted:
$53,150.00 or $71,265.00 $0 (Will need addressed at Reforecast)
Fund(s) or Account(s): 101-92016-5300 Fund(s) or Account(s): 101-92016-5300
Recommended Motion:
Move to authorize the DPW Director to negotiate and sign a modified Engineering Services Agreement
with DLZ Inc. for pedestrian and parking improvements at Pere Marquette Park. Modifications to the
presented agreement will include; selection of the Option #2 design for the one-way single angle
parking, removal of the surveying and design engineering for the trail north of the Bathhouse, revising
the proposed trail width to 16 FT, and including design considerations for use of the northern most row
of parking in the ovals lot as flexible space for potential future use by chalets or other concession
operations.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
December 2, 2021
Mr. Leo Evans, Director
City of Muskegon
1350 Keating Avenue
Muskegon, Michigan 49442
Re: Proposal for Professional Engineering Services for Beach Street Parking and Pedestrian Facilities
Improvements No. 2
Dear Mr. Evans:
DLZ Michigan, Inc. (DLZ) is pleased to submit this proposal for professional engineering and surveying services to
the City of Muskegon (CITY) for proposed parking and pedestrian facility improvements along Beach Street near
Pere Marquette Park. (See Attached – Location Map)
BACKGROUND
DLZ’s understanding of the project is based on discussions with CITY staff and current work in the area. The scope
of the project consists of parking and pedestrian improvements along Beach Street starting near the south parking
lot (MACkite building) and extending north to the Ovals intersection with pedestrian improvements continuing along
the west leg of Beach Street north in front of the Deck and tie into existing sidewalks at Margaret Elliot Park. The
proposed pedestrian improvements would consist of a 20 feet wide concrete walkway with a possible split around
the City’s bathhouse and a short extension westerly of the bathhouse. The short extension westerly of the bath
house would replace a temporary walkway that is placed each spring by CITY staff. Additional parking improvements
are being considered within the center of the Ovals consisting of a redesigned parking lot including new pavement,
additional parking spaces, and revised parking lot layout. No new entrance locations into the center parking lot are
anticipated. Parking and pedestrian improvements for the area south of the Ovals to the south parking lot (MACkite
building) were developed under a previous contract by DLZ. It is anticipated construction would commence in fall
of 2022.
The following agreement between DLZ and the CITY is separate and distinct from any other agreement between DLZ
and the CITY.
SCOPE OF SERVICES
The parking and pedestrian facility improvements will generally consist of construction of angled parking on both
sides of a one-way south bound drive from the south Ovals to the south parking lot, reconstruction of the parking
lot in the center of the Ovals, and a non-motorized pedestrian pathway running parallel to Beach Street from the
south parking lot (MACkite building) to the Ovals and continuing north along the west leg of Beach Street and
continuing around the Ovals to tie into existing sidewalks at the Margaret Elliot Park. The following are two options
for design engineering services for consideration:
950 W Norton Ave, Suite 207, Muskegon, MI 49441 OFFICE 231.780.3100 ONLINE WWW.DLZ.COM
Akron Bellefontaine Bridgeville Burns Harbor Chicago Cincinnati Cleveland Columbus Detroit Flint Fort Wayne Indianapolis Joliet
Kalamazoo Lansing Lexington Louisville Madison Maumee Melvindale Munster Muskegon Pittsburgh Port Huron Saint Joseph South Bend
Waterford
City of Muskegon
Beach Street Parking and Pedestrian Improvements No. 2
December 2, 2021
Page 2 of 4
DESIGN ENGINEERING SERVICES – Option No. 1
(Use previously developed Beach Street Parking and Pedestrian Facility Improvement drawings, DLZ
PN:2045721900, Sheets 1-12, 3/10/2021)
• DLZ will meet with CITY staff to verify the scope of the project and to gather input on the proposed parking and
pedestrian facility improvements. The sizing and angle of the proposed parking spaces will adhere to CITY
standards.
• DLZ will perform a topographic survey to collect data along the proposed project corridor. Plans will include all
physical features within the proposed project area as generally required for the construction of parking lots and
pedestrian facilities. The topographical survey would include the roadway of the west leg of the Ovals and the
center parking lot. For the purpose of this proposal, topographical survey information from a current CITY
project (Contract No. 1 Beach Street Roadway and Water Main Improvements) will be utilized as much as
possible to save time and money.
• DLZ will prepare the preliminary plans of the major components of the proposed parking and pedestrian facility
improvements. Once prepared, DLZ will meet with CITY staff to review the design as part of the preliminary
design phase.
• DLZ will, upon review with CITY staff, prepare final plans depicting the physical features and the proposed
parking improvements to industry standards. For purposes of this proposal, the preparation of easements is not
anticipated.
• DLZ will identify and develop permit application support documents for the CITY’s use that may be required for
the construction of the project including Critical Dunes permit, Muskegon County Soil Erosion and
Sedimentation Control (SESC) as may be required. Application and permit fees will be the responsibility of the
CITY.
• DLZ will, based on comments received in review meetings and task items described above, complete the plans
and specifications, and prepare a set of bidding documents for the purposes of a public bid opening.
DESIGN ENGINEERING SERVICES – Option No. 2
• All items listed under Option No. 1
• DLZ will, based on comments received from the CITY, revise the construction drawings for previously proposed
parking and pedestrian improvements from the south Ovals to the south parking lot (DLZ PN:2045721900,
Sheets 1-12, 3/10/2021).
RESPONSIBILITIES OF THE CITY
• The CITY will make available any existing studies, reports, record drawings, billing data, address maps, zoning
maps, future service areas, and system information necessary to complete the project.
• The CITY will attend all necessary meetings and will assist with the coordination of design efforts.
• The CITY will designate an individual as a contact person to facilitate the transfer of information and to be the
liaison for the project.
City of Muskegon
Beach Street Parking and Pedestrian Improvements No. 2
December 2, 2021
Page 3 of 4
SPECIAL SERVICES
The following services, when requested and authorized by the CITY, will be provided by DLZ:
• Services due to changes in the scope and complexity of the project or its design, including, but not limited to
changes in size, alignment, or character of construction. Services due to unforeseen underground conditions
such as, but not limited to, the presence of petroleum products in the soil or groundwater of the site as may be
encountered by excavation or dewatering activities.
• Services related to dewatering activities and laboratory services that may be required in connection with the
Project.
The following services are not considered part of this proposal:
• Environmental Assessments;
• Permit Application fees;
• Procurement of Easements;
• Geotechnical Reports; and
• Wetland Determinations.
TERMS AND CONDITIONS
The Standard Terms and Conditions, as set forth as attached Exhibit A, are incorporated here into and made a part
of this Work Order Proposal. The Client referred to in the Standard Terms and Conditions means the City of
Muskegon.
PROFESSIONAL FEE
For services described in the, SCOPE OF SERVICES - DESIGN ENGINEERING SERVICES, Option No. 1, DLZ proposes
to charge, and the CITY agrees to pay in accordance with the attached Exhibit B Rate Schedule, a not to exceed fee
of $53,150.00 without prior approval of the CITY. Invoices will be rendered monthly based on the actual hours
expended times the rate shown on Exhibit B for the classification of the individual working on the project.
For services described in the, SCOPE OF SERVICES - DESIGN ENGINEERING SERVICES, Option No. 2, DLZ proposes
to charge, and the CITY agrees to pay in accordance with the attached Exhibit B Rate Schedule, a not to exceed fee
of $71,265.00 without prior approval of the CITY. Invoices will be rendered monthly based on the actual hours
expended times the rate shown on Exhibit B for the classification of the individual working on the project.
For services described in SPECIAL SERVICES, DLZ proposes to charge, and the CITY agrees to pay in accordance with
the attached Exhibit B Rate Schedule on the actual hours expended times the rate shown on Exhibit B for the
classification of the individual working on the service.
DLZ and its employees comply with all coronavirus protocols and guidelines, including all updates and revisions
thereto, issued by the States in which DLZ provides services and the U.S. Centers for Disease Control and Prevention
(CDC). DLZ time and expense for additional safety protocols or training required by the City of Muskegon or its
representatives are not included in this proposal and will be invoiced at DLZ’s standard rates.
City of Muskegon
Beach Street Parking and Pedestrian Improvements No. 2
December 2, 2021
Page 4 of 4
Neither Party will be responsible or liable for delays caused by persons, events, or circumstances for which the Party,
its employees, subcontractors, and subconsultants are not responsible including, but not limited to, Acts of God
including delays attributable to the coronavirus pandemic.
If you approve and accept this Proposal, please sign, date and return one copy of this Proposal for our records.
Should you prefer to issue a Purchase Order as your official acceptance, we request that you reference this Proposal
in your paperwork.
DLZ appreciates the opportunity to submit this Letter Agreement for professional services. This offer will remain
open for acceptance for 60 days. If for any reason you should have questions, please do not hesitate to call Randy
Parrett at (231) 780-3100.
Sincerely, Approved and Accepted
DLZ MICHIGAN, INC.
Signature
Printed Name
Terry Biederman, P.E.
Vice President Title
Attachments: Date
Location Map
Exhibit A: Standard Terms and Conditions
Exhibit B: Rate Schedule
EXHIBIT A
DLZ’S STANDARD TERMS AND CONDITIONS
1. INVOICES AND PAYMENT: Unless the parties have agreed 10. INSURANCE: During the performance of its services and for two
otherwise, DLZ will submit monthly invoices to CLIENT for services years thereafter, DLZ will maintain the following minimum insurance
performed in the prior month. Except to the extent CLIENT disputes in coverage: General Liability- $1,000,000 per occurrence, $2,000,000 general
good faith all or a portion of a DLZ invoice, CLIENT will pay DLZ the invoiced aggregate, $2,000,000 products/completed operations aggregate,
amount within thirty (30) days from the date of the invoice; and, in default $1,000,000 personal/advertising injury aggregate; Automobile Liability-
of such payment, agrees to pay all cost of collection, including reasonable $1,000,000 combined single limit; Workers Compensation and Employers
attorney’s fees, regardless of whether legal action is initiated. Invoiced Liability- in conformance with statutory requirements, and $1,000,000
amounts not in dispute will accrue interest at eight percent (8%) per annum employers liability; and Professional Liability- $2,000,000 per claim and in
after they have been outstanding for over thirty (30) days. If an invoiced the aggregate. Certificates evidencing such coverage will be provided to
amount not in dispute remains unpaid sixty (60) days after the date of the CLIENT upon request. If DLZ is providing construction phase services,
invoice, DLZ may, upon giving seven (7) days written notice of its intent to CLIENT agrees to require its contractor to include DLZ as an additional
do so, suspend all project services until all unpaid invoiced amounts not in insured on the contractor’s General Liability and Automobile Liability
dispute are paid in full. If an invoice remains unpaid ninety (90) days after insurance policies, and DLZ’s above-listed coverage will be excess over the
the date of the invoice, DLZ may, upon giving seven (7) days written notice contractor’s coverage, which will be primary.
of its intent to do so, declare CLIENT to be in breach of this agreement.
11. INDEMNITY: To the fullest extent permitted by law, each of the
2. CONSTRUCTION SERVICES: If DLZ’s scope of services includes parties agrees to indemnify and save harmless the other party from and
providing professional services during the project’s construction phase, against all liability, damages, and expenses, including reasonable attorney’s
DLZ will not have control over or be responsible for contractor means, fees, sustained by the other party by reason of injury or death to persons
methods, techniques, sequences, procedures, or schedule, or the or damage to tangible property, to the proportionate extent caused by the
contractor’s failure to comply with the construction contract documents or negligent acts or omissions of the indemnifying party or its employees.
applicable laws, ordinances, rules or regulations. If DLZ provides
construction inspection or observation services, DLZ will report to CLIENT 12. CONSEQUENTIAL DAMAGES: Neither party will be liable to the
all contractor deviations from the construction contact documents that other for consequential, special, incidental, indirect, liquidated, or punitive
come to DLZ’s attention. However, such services are solely intended to damages.
enable DLZ to maintain familiarity with, and keep CLIENT informed of, the 13. LIABILITY: No employee of DLZ or of its parent, subsidiary, or
general progress and quality of the contractor’s work, and not to require affiliated companies will be personally liable to CLIENT. DLZ’s total liability
DLZ to perform exhaustive inspections of contractor work for its to CLIENT, and any coverage of CLIENT as an additional insured under any
compliance with the construction contract documents, which shall remain of DLZ’s insurance policies, for injuries, claims, losses, expenses or damages
solely contractor’s responsibility. arising out of DLZ’s services or this agreement from any causes including,
3. CHANGES IN REQUIREMENTS: In the event additional services are but not limited to, DLZ’s negligence, error, omissions, strict liability, or
required due to a change, after the date of this agreement, in CLIENT’s breach of contract, will not exceed the total compensation received by DLZ
requirements, or in the applicable law, standards, or governmental under this agreement.
requirements or policies, DLZ will be entitled to additional compensation 14. DISPUTES: Any claim or controversy arising out of or relevant to
for such additional services. this agreement, or the breach thereof, shall be settled by binding
4. SURVEY STAKING: If DLZ’s scope of services includes survey arbitration in the state in which the project is located, in accordance with
layout, DLZ will not be responsible for subsequent disturbances of its layout the rules of the American Arbitration Association, and judgment upon any
except to the extent caused by DLZ or persons for whom it is responsible. award rendered by the arbitrator(s) may be rendered in any court having
jurisdiction thereof.
5. MISCELLANEOUS EXPENSES: Except to the extent otherwise
provided in this agreement, CLIENT is responsible for all third-party fees 15. STATUTE OF LIMITATIONS: The parties agree that the time period
and charges including, without limitation, fees and charges for inspections, for bringing claims regarding DLZ’s Service’s under this agreement expires
zoning or annexation applications, assessments, soils engineering, soils on the earlier of one year after completion of the project, or two years after
testing, aerial topography, permits, rights-of-entry, bond premiums, title completion of DLZ’s project services.
company charges, blueprint and reproduction costs, and all other third- 16. DELAYS: DLZ is not responsible for delays caused by persons or
party fees and charges. circumstances for which DLZ is not responsible.
6. CHANGE OF SCOPE: DLZ’s scope of services in this agreement is 17. SHOP DRAWINGS: If DLZ’s scope of services includes reviewing
based on facts known at the time of execution of this agreement, including, shop drawings, such reviews are solely with regard to their general
if applicable, information supplied by CLIENT. DLZ will promptly notify conformance with the design concept, and not for the purpose of reviewing
CLIENT in writing of any perceived changes to its scope of services required or approving their accuracy, completeness, dimensions, quantities,
by new information or by persons or circumstances beyond DLZ’s control, constructability, compatibility with other construction components, or
and the parties shall negotiate modifications to this agreement before DLZ compliance with the requirements of the construction contract
begins performance of the revised scope. documents, all of which remain the contractor’s responsibility. DLZ is not
7. SAFETY: DLZ will take reasonable steps to protect the safety of its responsible for reviewing or approving the contractor’s safety precautions
employees, and to perform its services in a safe manner. DLZ is not or construction means, methods, sequences or procedures.
responsible for project safety other than with regard to its own services. 18. ACCEPTANCE: Both parties will consider DLZ’s initiation of services
8. REUSE OF PROJECT DELIVERABLES: CLIENT’s use of any project prior to execution of this agreement in order to accommodate CLIENT, at
documents or DLZ deliverables, including electronic media, for any purpose CLIENT’s request, as CLIENT’s formal acceptance of all of the terms and
other than that for which such documents or deliverables were originally conditions in this agreement.
prepared, or alternation of such documents or deliverables without written 19. STANDARD OF CARE: DLZ will perform its services with the care
verification or adaption by DLZ for the specific purpose intended, will be at and skill ordinarily exercised by members of its profession currently
CLIENT’s sole risk. practicing under similar conditions in the same locale. DLZ does not make,
9. OPINIONS OF CONSTRUCTION COST: Any opinion of construction and expressly disclaims, any other warranties, express or implied, relating
costs prepared by DLZ is supplied for the general guidance of the CLIENT to its services including, without limitation, warranties of merchantability
only. Since DLZ has no control over competitive bidding or market and fitness for a particular purpose. DLZ shall be entitled to rely on all
conditions, DLZ cannot guarantee the accuracy of such opinions as CLIENT-provided information except to the extent otherwise stated in the
compared to contractor bids or actual cost to CLIENT. agreement.
Revised October 2019 Document1
Exhibit B
2022 - City of Muskegon Rate Schedule
CLASSIFICATION HOURLY RATE CHARGE
Principal/Division Manager $186.00
Senior Project Manager/Department Manager $165.00
Project Manager $155.00
Engineer VI/Surveyor VI $155.00
Engineer V/Surveyor V $145.00
Engineer IV/Surveyor IV $129.00
Engineer III/Surveyor III $119.00
Engineer II/Surveyor II $103.00
Engineer I/Surveyor I $93.00
Senior Architect $155.00
Architect $129.00
Architect Intern $93.00
Landscape Architect $119.00
Senior Geologist/Senior Environmental Scientist $134.00
Geologist/Environmental Scientist $98.00
Senior Environmental Analyst $127.00
Environmental Analyst $100.00
Senior Programmer $132.00
Programmer $114.00
Senior GIS Analyst $124.00
GIS Analyst $114.00
GIS Technician $85.00
Senior CAD Operator/Designer $103.00
CAD Operator/Technician II $88.00
Intern/Technician I $75.00
Construction Project Manager $145.00
Senior Construction Inspector $114.00
Construction Inspector $85.00
2 Person Survey Crew $201.00
1 Person Survey Crew $145.00
Clerical $59.00
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 11, 2022 Title: Development Agreement West Urban
Submitted By: Frank Peterson Department: City Manager
Brief Summary: Staff is seeking approval of the attached development agreement.
Detailed Summary. West Urban Properties was selected as one of three contractors for the ARPA-
funded infill housing program. The goal of the program is to continue in-filling vacant lots in our core
neighborhoods while ensuring the housing units are offered in a more-affordable manner.
Staff awaits final guidance from the US Treasury related to required level of affordability, but we
expect that a portion of the homes will be designated to families with incomes between 60% and
80% of AMI. The City will maintain ownership of the infill sites throughout the construction process,
and will control the sale process. The City Commission will decide on each formal sale at the time
of the sale – similarly to the Midtown Square projects. This will allow the City Commission more
discretion in determining the depth of the affordability component of the program.
The most notable change from the model agreement previously presented to the City Commission
in 2021 is the anticipated cost per house. We have raised the maximum to $235,000 to address
increases in materials. While wood costs are down, it seems that all other material costs are up.
Access to housing at all levels of affordability is difficult now. We are in a prime position to lead the
county in new housing while addressing the lack of livable housing for lower income earners, and I
recommend that we do so. Note that the addresses are not included. There are hundreds of
addresses to select from, but many were acquired via the tax foreclosure process and have title
issues to address. Staff feels comfortable working with the builder to identify the most-appropriate
building sites that have clear title.
Amount Requested: $3,125,000 Amount Budgeted: N/A
Fund(s) or Account(s): State/Federal Grants Fund(s) or Account(s): N/A
Recommended Motion: Approve the agreement and authorize the City Manager to sign.
DRAFT
12/29/21
WEST UBAN PROPERTIES ARP INFILL HOUSING DEVELOPMENT AGREEMENT
RESIDENTIAL CONSTRUCTION AGREEMENT
This ARP InFill Housing Development Agreement (the “Agreement”) is between the City
of Muskegon, of 933 Terrace Street, Muskegon, MI 49441 (“Owner”) and West Urban
Properties, LLC of 3265 Walker Ave., Ste. D, Grand Rapids, MI 49544 (Builder”).
Background
Builder and Owner agree that Builder shall construct _____ 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"). Builder will be paid by Owner
from funds obtained by Owner pursuant to ________ (“ARP Funds”). As such, there are
limitations on potential Buyers of the residences exist and will be more formally declared by the
federal government in the future.
The parties agree as follows:
1. Building Site. Owner owns the building sites located in the City of Muskegon
and described on Exhibit B (the "Properties"). Owner has agreed to hire Builder to build the
Residences on the Properties.
2. The Residence. Builder and City staff shall agree, in writing, as to the materials, floor
plan design, and all cost impacting details, and the construction cost for each of the Properties
attached as Exhibit B. Each Property shall have a not to exceed construction cost of $235.000.
Allowances provided for certain items, such as carpeting, light fixtures, window treatments, etc.,
and shall be set forth in the above referenced document. for The Price may change in the
event Builder and Owner agree to change orders, modifications or extras as defined below.
Builder shall build the Residences in accordance with the mutually agreed to plans and
specifications. Any features of the Residence that are not explicitly described in the Plans shall
be determined in the sole discretion of Builder. For example, unless specifically set forth on the
Plans, the location of all electrical outlets shall be as determined by Builder.
3. Price. The price for constructing the Residences as determined in Paragraph 2
above shall be paid one half by Owner and one half by Builder. As to Owner’s obligations,
Owner shall establish the “ARP In Fill Housing Fund – West Urban” (“Fund”) and deposit
$3,125,000 into that Fund. All monies owed by Owner to Builder pursuant to this Agreement
shall be paid from the Fund. Owner shall have no obligation to pay any monies to Builder
pursuant to this Agreement from any other source of funds. Upon termination of this Agreement
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or construction of all Residences provided for pursuant this Agreement, all monies left in the
Fund shall revert to the Owner.
In the event the actual cost of any allowance exceeds the estimated amount ("Additional
Allowance Amount"), Owner shall pay the Additional Allowance Amount within 30 days of
Builder's invoice. No Additional Allowance Amount shall be billed through Builder without the
express prior written consent of Builder.
4. Costs Included. The Price shall include the cost of the building permits and
materials purchased and installed in the Residences. Owner shall waive or pay for all water and
sewer connection fees and Builder shall be responsible for all other fees, specifically including
mechanical, plumbing, electrical and any other construction and building permit fees.
5. Payment of the Price. Builder shall be responsible for 50% of the purchaser
price for each residence. As to the remaining 50% of the purchase price Owner shall pay in
accordance with the following schedule ("Payment Schedule"):
a. Foundation installed................................. 25% of the Owner’s portion of the Price
b Roof sheeting installed.............................35% of the Owner’s portion of the Price
c Plaster or drywall installed....................... 30% of the Owner’s portion of the Price
d Substantial completion/certificate of occupancy.......................Balance due in full
6. Modifications/Extras. No modifications to the Plans ("Modifications") or
requests for additional construction ("Extras") the cost of which exceeds $200 shall be binding
upon either party, unless the Modifications and/or Extras are set forth on a written change order
that is signed by Builder and City Manager for Owner ("Change Order"). The Change Order
must provide a detailed description of the Modifications and/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.
7. 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 be made either in writing or by a verbal agreement between Builder and City
Manager for Owner. 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.
8. Possession. Owner shall be entitled to possession of the Residence upon payment
of the Price or Adjusted Price in full. Upon payment in full, Builder shall deliver to Owner a
completed sworn statement and a full unconditional waiver of lien. Payment of the Price or
Adjusted Price by Owner shall constitute the acceptance of the Residence and a waiver of all
known claims of Owner against Builder.
9. Failure to Pay. If Owner fails to make a payment within 30 days from the date
due, Builder may, upon written notice to Owner, terminate this Agreement and recover from
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Owner the Owner’s portion of the Price if the Residence is complete or, if the Residence is not
complete, the 50% of the fair market value for all work performed by Builder and any laborer or
sub-contractor of Builder and 50% of the actual cost of all materials provided and for any loss
sustained by Builder in connection with the construction of the Residence, including, but not
limited to, lost profits in connection. Notwithstanding the foregoing, Builder, in the event Owner
fails to make the required payments, reserves the right to complete the Residence and Owner
shall pay 50% of the Price in full.
10. Estimated Completion Date. Builder shall commence construction of the
Residences within 60 days from the date this Agreement is fully executed. ("Commencement
Date"). Builder shall endeavor to complete the Residences within 365 days of the
Commencement Date ("Completion Date"). Provided, that both 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 requests for Change Orders, fire, injury or disability to
Builder or weather.
11. Sale of Properties. Owner is using ARP funds for its portion of the construction
costs. As such, Owner shall comply with all applicable rules implementing the ARP program, in
particular all Buyers shall have income levels under 120% of the Area Median Income (AMI) for
Muskegon County, as defined by the Michigan State Housing Development Authority
(“MSHDA”). Owner shall be responsible for verifying Buyer’s eligibility and income to ensure
Buyer’s qualifications to participate as a Buyer.
Owner shall maintain ownership of the Properties described in Exhibit B during
the construction and marketing period. Once Builder has been reimbursed its portion of the
Construction costs of a Property, City may sell the Property free and clear of any obligations
imposed by this Agreement.
12. Sale Proceeds. Upon sale of a Property to the extent that Builder has not already
been reimbursed its cost of construction, Builder shall be reimbursed its cost of construction.
Owner may use the balance of the proceeds for any purpose or deposit in the City of Muskegon
Public Improvement Fund or any other fund so specified by the Muskegon City Commission.
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13. General Conditions. This Agreement is subject to and includes all of the General
Conditions attached to this Agreement as Exhibit A and Warranty attached to this Agreement as
Exhibit C.
Builder - ______________________
Dated: ___________ ___, ______ ____________________________________
Owner -
Dated: ____________ ___, _______ ____________________________________
Dated: ____________ ___, _______ ____________________________________
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EXHIBIT A
GENERAL CONDITIONS
1. Evidence of Credit. Builder's obligation to commence construction of the Residences is
expressly conditioned on Owner depositing $3,125,000 into the ARP In-Fill Housing Fund – West Urban
("Credit Evidence"). Payments required by the Payment Schedule shall be made by Owner directly to
Builder within five days after presentation of a proper partial unconditional waiver of lien, request for
payment, and sworn statements before making payments at each stage of completion as required above.
Builder shall not under any circumstances be required to waive any future lien rights that it may have by
reason of work and/or materials thereafter furnished.
2. Builder's Warranties. All building materials used in the construction of the Residence
shall be new. Builder guarantees its workmanship for a period of one year from the date of certificate of
occupancy to the standards set forth in the most current version of the Construction Performance
Guidelines as published by the National Association of Homebuilders. Within that period, Builder may
replace, at its option, any materials incorporated into the Residence which are defective, provided the
manufacturer's warranty is still in full force and effect and, in fact, the manufacturer honors that warranty.
To make a claim under this warranty, Owner must give Builder written notice of any such defect in the
workmanship and/or materials promptly upon discovery and not later than expiration of the one year
warranty period. This warranty does not apply to workmanship or materials requiring repair or
replacement because of normal wear and tear or natural settling. Builder shall turn over and transfer to
Owner all manufacturer's warranties that are delivered directly to Builder by the manufacturer.
3. Owner's Warranties. Owner covenants and warrants that the Property is owned by
Owner in fee simple, free and clear of all liens. 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, sand dune
and wetland laws, and regulations and zoning ordinances.
4. 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 and ID numbers are and ,
respectively.
5. Laws, Ordinances and Regulations. In connection with the construction of the
Residence, Builder shall meet and comply with all applicable laws, ordinances, and regulations.
6. Notice of Commencement. Owner shall deliver a Notice of Commencement in
accordance with the Michigan Construction Lien Act within ten days of this Agreement.
7. Diligent Pursuit. Builder shall diligently pursue its obligations under this Agreement. If
Owner believes that Builder has failed to comply with this paragraph, it shall provide Builder not less than
15 days written notice of such non-compliance, a list of Owner's specific complaints, and a reasonable time
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within which Builder shall cure any such reasonable complaints. Until Owner fully complies with the
notice provisions set forth in this paragraph, Owner may not replace Builder with any other party to
complete construction and may not deduct from the Price any amount paid by Owner to complete
construction in accordance with the Plans.
8. Insurance. Builder shall procure and maintain an "all risk" insurance policy and shall
name Owner as an additional named insured. Builder shall provide Owner with evidence of such
insurance upon request. Builder shall also carry public liability insurance with coverage limits not less
than $300,000 single-limit coverage and worker's compensation insurance in an amount not less than the
statutory minimum. Such policies shall name Owner and their mortgagee as 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.
9. Miscellaneous.
a. 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.
b. 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.
c. 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, and
assigns.
d. 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.
e. 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.
f. 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.
g. 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.
h. 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.
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i. 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.
j. Notices. All required or permitted written notices shall be deemed effective and
duly given when: (i) personally delivered; (ii) sent by telephone facsimile; (iii) one day after
depositing in the custody of a nationally recognized receipted overnight delivery service; or (iv)
two days after posting in the U.S. first class, registered or certified mail, postage prepaid, to the
recipient party at the address as set forth at the outset of this Agreement, or to such other address
as the recipient party shall have furnished to the sender in accordance with the requirements for the
giving of notice.
k. Pronouns. For convenience, Owner has been referred to this Agreement
sometimes in the singular and at other times in the plural.
Builder -
Dated: ___________ ___, _____ ____________________________________
Owner -
Dated: ___________ ___, _____ ____________________________________
Dated: ___________ ___, _____ ____________________________________
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EXHIBIT B
Property Addresses, Plans and Specifications, and Construction Cost
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EXHIBIT C
LIMITED WARRANTY
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